By-law No. 67-2013 - Building By-law
South-West Oxford, Ontario
· No. 67-2013
· summary & facts
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## THE CORPORATION OF THE TOWNSHIP OF SOUTH-WEST OXFORD
## BY-LAW NUMBER - 67-2013
BEING A BY-LAW to provide for the administration and enforcement of the Building Code Act, 1992 within the Township of South-West Oxford and for the repeal of the Building By-Law 28-2005 and By-Law 59-2013
WHEREAS Section 7 of the Building Code Act, S.O. 1992, Chapter 23, empowers Council to pass certain by-laws respecting construction, demolition and change of use permits and inspections.
THEREFORE the Municipal Council of The Corporation of the Township of South-West Oxford enacts as follows.
## 1.1
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
## As Constructed Plans
As defined in the Act.
## Building
Means a building as defined in Section 1(1) of the Act.
## Building Code
Means the regulations made under section 34 of the Act.
## Chief Building Official
Means a Chief Building Official appointed by By-Law by the Corporation of the Township of South-West Oxford for the purposes of enforcement of the Act.
i.
## Construct
Means construct as defined in subsection 1(1) of the Act.
## Corporation
Means The Corporation of the Township of South-West Oxford.
## Demolish
Means demolish as defined in subsection 1(1) of the Act
## Farm Buildings
Means a farm building as defined in the Act.
## Inspector
Means an inspector appointed by by-law by the Corporation of the Township of South-West Oxford for the purposes of enforcement of the Act.
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BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
## 2.1 Classes of Permits Set Out - Schedule "A"
The classes of permits set out in Schedule "A" of this By-Law are hereby established.
## Part 3 PERMITS
## 3.1 File Applications - on forms - prescribed
To obtain a permit, the owner or an agent authorized in writing by the owner shall file an application in writing by completing a prescribed form available from the Chief Building Official or from the Municipal Web Site (www.swox.org), as set out
## 3.2 Incomplete Application:
Where the Chief Building Official determines that an application is incomplete, the Chief Building Official may commence to process the application if the applicant acknowledges that the application is incomplete and completes the form as set out in Schedule "C" of this By-Law.
## 3.3 Information submitted to the Chief Building Official
Every application for a permit shall be submitted to the Chief Building Official, and shall contain the following information, unless waived by the Chief Building Official:
- 3.3.1 Where application is made for a construction permit under subsection 8(1) of the Act, the application shall:
- a) Use the provincial application form, "Application for a Permit to Construct or Demolish", as set out in Schedule "B";
- f)
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
- a) Use the provincial application form, "Application for a Permit to Construct or Demolish", as set out in Schedule "B";
2. Include complete plans and specifications, documents and other information as required by Article 2.4.1.1B and Sentence 2.4.1.1(2) of the Act and as described in this By-Law for the work to be covered by the permit;
- c) Include the required fees as set out in Schedule "A" to this By-Law;
4. Include a completed "General Review" form as set out in Schedule "D" when Section 2.3 of the Act applies;
- e) Include proof satisfactory to the Chief Building Official, that arrangements have been made with the proper authorities for the cutting off and plugging of all services; and
- f) Include information concerning the rehabilitation of the site to a graded, level and landscaped condition upon completion of the demolition.
3. 3.3.3 Where application is made for a conditional permit under subsection 8(3) of the Act, the application shall:
- a) Use the provincial application form, "Application for a Permit to Construct or Demolish", as set out in Schedule "B"
- b) Include complete plans and specifications, documents and other
6. f)
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
- c) Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made;
- d) Include complete plans and specifications showing the current and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirement of the Act, including; floor plans, details of wall, ceiling and roof assemblies identifying required fire resistance ratings, and load bearing capacities, details of the existing sewage system, if any; and
- e) Include the required fees as set out in Schedule "A" to the By-Law.
4. 3.3.5 The application for a sewage permit issued under subsection 8(1) of the Act, is administered by the County of Oxford Board Of Health.
5. 3.4 Partial Permit - requirements
- 3.4.1 When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the whole project, application shall be made for the complete project and complete plans and specifications covering the portion of work for which immediate approval is desired, shall be filed with the Corporation.
- 3.4.2 Where a partial permit is requested the application is deemed to be incomplete as described in Section 3.2 of the By-Law.
- 3.4.3 Should a permit be issued for part of a building or project, the holder of such permit may proceed without assurances that the permit for the entire building or project will be granted.
## 3.5 Inactive Permit Application
Where an application for a permit remains incomplete or inactive for six months
## 4.1
- BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
- 4.1.4 In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans, but in no case shall such terms as "in accordance with this By-Law", ', "legal" or similar terms be used as substitutes for specific information.
## 4.2 Site Plan
- 4.2.1 Site Plans shall be referenced to an up-to-date survey and, when required to demonstrate compliance with the Act, or other applicable law, a copy of the survey shall be submitted, unless otherwise specified by the Chief Building Official as follows:
- a) Two (2) sets of a Site Plan be submitted with the Building Permit Application and shall show:
- I. The proposed location of the building with dimensions shown to all lot lines,
- II. Dimensional location of any existing building(s) on the property, and
3. Ill. Existing right of ways, easements and services.
## 4.3 Lot Grading Plans
## 4.3.1 Lot Grading Plans shall be submitted as follows:
- a) In the case of land in respect of which an accepted area or subdivision grading plan has been filed with the Corporation, a lot grading plan bearing the signature and seal of the sub divider's professional engineer who is responsible for the overall subdivision grading certifying thereon that the lot grading plan conforms with the accepted area or subdivision grading plan filed with the Corporation;
2. f)
3. BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
4. 4.3.3 A foundation survey prepared and sealed by an Ontario Land Surveyor may be required to be submitted to the Chief Building Official prior to the commencement of framing. The survey will show:
- a. All yard dimensions from the foundation wall to the lot lines; and
- b. The elevation of the top of the foundation wall.
## 4.4 As Constructed Plans
On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of the building.
## 4.5 Plans Property of Corporation
Plans and specifications furnished according to this By-Law or otherwise required by the Act become the property of the Corporation and will be disposed of or retained in accordance with applicable legislation.
## Part 5
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
- 6.1.1 demolition permit issued under subsection 8(1) of the Act or a conditional permit under subsection 8(3) of the Act are based on the cost of valuation of the proposed work, the cost of valuation of the proposed work shall mean the total cost of all work regulated by the permit including the cost of all material, labour, equipment, overhead and professional and related services, provided that where application is made for a conditional permit, fees shall be paid for the complete project.
- 6.1.2 Where the fees payable in respect of an application for a construction or demolition permit issued under subsection 8(1) of the Act or a conditional permit issued under subsection 8(3) of the Act are based on a floor area, floor area shall mean the total floor space of all storeys measured as the horizontal area between the exterior walls of the building provided that where application is made for a conditional permit, fees shall be paid for the complete project.
## 5.1
## 5.2
## 6.1
- 6.1.3 The Chief Building Official may place a valuation on the cost of the proposed work for the purposes of establishing the permit fee, and where disputed by the applicant, the applicant shall pay the required fee under protest and, within six months of completion of the project, shall submit an audited cost statement indicating the lesser valuation, at which time the Chief Building Official shall issue a refund.
## 6.2 Builders Deposit
- 6.2.1 A deposit as established in Schedule "A" is required when application is made for a building permit for a new house, any engineered livestock housing or manure structures, or for any building for which a new entrance is required. The deposit is to be applied against the cost of any grading of the lot deemed necessary by the Corporation or the cost of work done by the Corporation on entrance culverts or ditches that is necessary so that
## 6.3
## 6.4
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
refunded to the applicant, if any, in accordance with Schedule "A" of the By-Law.
## Part 7
## CHANGING OF PERMIT FEES
## 7.1 Changing of Permit Fees
- 7.1.1 In accordance with article 2.23.1.2 of the Act, a Municipality, prior to the passing of a by-law to introduce or change a fee imposed for application for permits or for the issuance of permits shall:
- a) Hold at least one (1) public meeting at which any person who attends has an opportunity to make representations with respect to the matter;
. "
## 8.1
## 9.1
- Provide a minimum of twenty-one (21) days notice of the public meeting by advertisement in the local newspapers, placed on the Township website and also given to every person and organization that has, within five (5) years before the day of the meeting, requested such notice.
- d) The Building Department is responsible for maintaining the list of persons or organizations requesting notice of amended permit fees.
- c) Ensure that the notice includes an estimate of the costs for administering and enforcing the Act, the amount of the fee or any change to the existing fee and the rationale for imposing or changing the fee.
## Part 8
## ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
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BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
- 9.1.2 With respect to "additional notices" under 2.4.5.2 of the Act, the owner or an authorized agent shall notify the Chief Building Official or an inspector at least two (2) business days prior to each stage of construction for which notice in advance is required under the Building Code.
- 9.1.3 The time periods referred to in 9.1.1 & 9.1.2 shall begin on the day following the day on which the notice is given and shall not include Saturdays, Sundays, Holidays and all other days when the offices of the Corporation are not open for the transaction of business with the public.
## 9.1.4 Notice may be given in one of the following ways:
- Phone message at (519) 485-0477 or (519) - 877-2702
2. In person at the Building Department Counter.
- Via Township e-mail
## 13.2
## Part 10 PRESCRIBING FORMS
The forms prescribed for use as applications for permits, for orders and for inspectior eports shall be as set out in Schedule "G" to this By-Law.
## Part 11 CONTRAVENTION OF BY-LAW - OFFENCE
Every person who contravenes any provision of this By-Law is guilty of an offence and on conviction is liable to a fine as provided in section 36 of the Act.
## Part 12
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
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MAYOR David Mayberry.
a le
CLERK - Mary Ellen Greb
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## Schedule "A" Building By-Law 67-2013 Permit Fees and Refund Schedule
| | 12-2023 | 12-2023 | 12-2023 | 12-2023 | 12-2023 |
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| | | NO. | | | |
| | BY-LAW | | | | |
| | BY | | | | |
| AMENDED | | | | | |
| FEES | | | | | |
| PERMIT | | | | | |
| BUILDING | | | | | |
## Building By-Law 67-2013
## PERMIT FEES AND REFUND SCHEDULE
## 1.1 Refund Schedule
## 1.1.1 For Construction, Demolition and Change of Use Permits
In the case of withdrawal of an application or the abandonment of all or a portion of the work or the non-commencement of a project, the fees that may be refunded shall be a percentage of the fees payable under this ByLaw as follows based on the following functions having been performed.
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| 12-2023 |
|-----------|
| NO. |
- BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
## Schedule "B" By-Law 67-2013
## Application for a Permit to Construct or Demolish
This form is authorized under subsection 8(1.1) of the Bullding Code Act
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
Application number:
Date received:
Application submitted to:
## A. Project information
911 Address:
Municipality
NOJ 1NO
Project value (est.): $
- B.
- [ ] New construction
Proposed use of building:
- C. Applicant is:
Last name:
Mailing Address:
Municipality:
Telephone number:
)
- D Owner (if different from applicant)
Last name:
First name:
Mailing Address:
Municipality:
Telephone number:
(
- E. Builder (if different from owner)
Last name:
Postal code:
Fax:
)
First name:
Mailing Address
Municipality:
Postal code:
Telephone number:
)
Fax:
)
## For use by Principal Authority
Permit number (if different):
Roll number: 3211-
## Township of South - West Oxford
(Name of municipality, upper-tier municipality, board of health or conservation authority)
Lot:
Plan number/other description
Con.:
- [ ] - Conditional Permit
E-mail:
Cell number
Corporation or partnership:
Province:
E-mail:
Cell number:
Corporation or partnership (if applicable):
Province:
E-mail:
Cell number:
## *F. Tarion Warranty Corporation (Ontario New Home Warranty Program)
- i. Is proposed construction for a new home as defined in the Ontario New Home Warranties Plan Act? If no, go to section G.
- ii. Is registration required under the Ontario New Home Warranties Plan Act?
- ill. If yes to (it) provide registration numbers):
- G. Required Schedules
- i. Attach Schedule 1 for each individual who reviews and takes responsibility for design activities.
- il. Attach Schedule 2 where application is to construct on-site, install or repair a sewage system.
- H. Completeness and compliance with applicable law
- This application meets all the requirements of clauses 1.3.1.3 (5) (a) to (d) of Division C of the Building Code (the application is made in the correct form and by the owner or authorized agent, all applicable fields have been completed on the application and required schedules, and all required schedules are submitted.)
Payment has been made of all fees that are required, under the applicable by-law, resolution or regulation made under clause 7(1)(C) of the Building Code Act, 1992, to be paid when the application is made.
- ii. This application is accompanied by the plans and specifications prescribed by the application
- ill.
- [ ] - Yes
- [ ] - Yes
- [ ] - No
- [ ] - No
- [ ] - Yes
- [ ] - No
- [ ] - Yes
- [ ] - Yes
- [ ] Yes
- [ ] - No
- [ ] - No
- [ ] No
- [ ] | Yes
- [ ] No
\_declare that:
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
## Schedule 1: Designer Information
Use one form for each individual who reviews and takes responsibility for design activities with respect to the project.
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
- A. Project Information
911 Address:
Lot:
Con.:
Municipality:
Postal code :
Plan number/ other description:
Township of South - West Oxford
- B. Individual who reviews and takes responsibility for design activities
Name:
Firm:
Mailing Address:
Unit no.
Municipality
Postal code
Province
E-mail
Telephone number:
Fax number:
Cell number:
(
- Division C]
- [ ] House
- [ ] Small Buildings
- [ ] Large Buildings
- [ ] Complex Buildings.
- [ ] The design work is exempt from the registration and qualification requirements of the Building Code.
Basis for exemption from registration and qualification:
I certify that:
1. The information contained in this schedule is true to the best of my knowledge.
2. I have submitted this application with the knowledge and consent of the firm.
Date
Signature of Designer
## NOTE:
1. For the purposes of this form, "individual" means the "person" referred to in Clause 3.2.4.7(1)(d). of Division C, Article 3.2.5.1. of Division C, and all other persons who are exempt from qualification under Subsection 3.2.4. and 3.2.5. of Division C.
2. Schedule 1 is not required to be completed by a holder of a license, temporary license, or a certificate of authorization, issued by the Ontaric Association of Architects. Schedule 1 is also not required to be completed by a holder of a license to practise, a limited license to practise, o a certificate of authorization, issued by the Association of Professional Engineers of Ontario.
· "
## Part A
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023 At (address) reveals that the application is incomplete Part B
A pre-screening of the application to \_ (describe work)
described in Part A does not meet the requirements of 2.4.1.1B(5) of the Act and therefore the processing time periods prescribed in Table 2.4.1.1B of the Act are not applicable. Notwithstanding the above, I request that the Corporation commence processing the incomplete application. I understand that a permit cannot be issued until all the required information is submitted, reviewed for compliance and all fees paid.
I have authority to bind the Corporation or Partnership (if applicable).
(Date)
(Signature of Applicant)
## Schedule "C"
## By-Law - 67-2013
## ACKNOWLEDGEMENT BY APPLICANT OF AN INCOMPLETE APPLICATION
Pursuant to Subsection 2.4.1.1. 1B(5) of the Act
## Schedule "D" By-Law 67-2013 GENERAL REVIEW FORM
## COMMITMENT TO GENERAL REVIEWS BY ARCHITECT AND ENGINEERS
THIS FORM TO BE COMPLETED BY THE OWNER OR OWNER'S AUTHORIZED AGENT, AND SIGNED BY ALL CONSULTANTS RETAINED FOR GENERAL REVIEWS
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BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
Part A - Owner's Undertaking
Permit Application No.
Project Description:
Address of Project:
Municipality:
Name of Owner:
Address of Owner:
Signature of Owner: (or officer of corporation)
Address:
Consultant Name:
Telephone:
Consultant Name:
Telephone:
Consultant Name:
Telephone:
- ARCHITECTURAL Consultant Name:
- [ ] O STRUCTURAL
Telephone:
Fax:
- [ ] O MECHANICAL
O ELECTRICAL
Signature:
Address
- [ ] O SITE SERVICES Print Name:
- [ ] © OTHER (SPECIFY):
Date:
EABO Standard form/Endorsed by OAA, PEO and Ontario Building Officials Association
-
...:
## Schedule "E"
## By-Law 67-2013
## LIST OF PLANS OR WORKING DRAWINGS TO ACCOMPANY APPLICATION FOR PERMITS. (2 copies of each)
- Site Plan
2. Lot Grading Plan
- 13.
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
14. Fire Alarm System
Note: The Chief Building Official may specify that not all the above mentioned plans are required to accompany an application for a permit.
1.!
## Schedule "F"
## By-Law 67-2013
## CODE OF CONDUCT FOR BUILDING OFFICIALS
## 1.1 Introduction
## 2.1
## 3.1
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023 The Corporation of the Township of South-West Oxford maintains this Code of Conduct in accordance with the provisions of The Building Code Act. Building Officials undertake building certification functions that ensure that quality, · ·
Oxford Building Officials shall undertake at all times to:
- 3.1.1 Act in the public interest, particularly with regard to the safety of building works and structures;
- 3.1.2 Maintain their knowledge and understanding of the best current building practice, the building laws and regulations relevant to their building certifying functions;
· DA
- 3.1.3 Commit themselves to a process of continuous education so as to constantly be aware of developments in building design, practice and the law relevant to their duties;
- 3.1.4 Comply with the provisions of the Building Code Act, the Building Code and any other Act or Law that regulates or governs Building Officials or their functions;
- 3.1.5 Avoid situations where there may be, or where there may reasonably appear to be, a conflict between their duties to their clients, their profession, their peers and the public at large and their personal
- 3.1.6
- 3.1.8
- 3.1.9
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023
## 4.1 Guideline for Responding to Misconduct Allegations.
The Building Code Act provides that the performance of Building Officials will be measured against the Code of Conduct. In response to any allegations of a breach of this code, the Chief Building Official shall direct an investigation and where appropriate, recommend disciplinary action against any Building Official who fails to comply with this Code of Conduct. Where the allegation is against the Chief Building Official, Senior Management of the Corporation will review the allegations.
In determining the appropriate disciple, the Chief Building Official or Council will have regard to the relevance of the conduct to the official's powers and responsibilities as well as the severity of any misconduct.
Disciplinary Action arising from violations of this Code of Conduct is the responsibility of the Chief Administrative Officer and will be based on the severity and frequency of the violation in accordance with relevant employment standards.
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## Schedule "G"
## By-Law 67-2013
## PRESCRIBED FORMS
1. Order to Comply [Pursuant to Subsection 12(2) of the Building Code Act, 1992]
- Municipal World Form 307
2. Stop Work Order [Pursuant to Subsection 12(1) of the Building Code Act, 1992]
- Municipal World Form 308
BUILDING PERMIT FEES AMENDED BY BY-LAW NO. 12-2023