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The Corporation of the
Township of Southgate
By-Law Number 061 - 2016
Being a By-law under the Building Code Act Respecting
Construction, Demolition and Change of Use Permits and
Inspections and to Repeal By-law Number 5 - 2006
Whereas Section 7 of the Building Code Act, 1992, S.O. 1992 c23 as
amended authorizes a municipal council to pass by-laws respecting
construction, demolition, change of use permits and inspections.
And Whereas pursuant to Section 425 of the Municipal Act, S.O.
2001, c.25, as amended provides that any person who contravenes
any by-law of a municipality passed under the authority of the
Municipal Act is guilty of an offence;
And Whereas pursuant to Section 2 of the Trespass to Property Act,
R.S.O. 1990, c. T.21, as amended, makes it an offence for every
person who is not acting under right or authority conferred by law and
who, without the express permission of the occupier, the proof of
which rest on the defendant, enters on premises when entry is
prohibited under the Act or engages in an activity on the premises
when the activity is prohibited under the Act or does not leave the
premises immediately after he or she is directed to do so by the
occupier of the premises or a person authorized by the occupier;
And Whereas pursuant to Section 5 of the Trespass to Property Act,
R.S.O. 1990, c. T.21, as amended, allows a municipality as "occupier"
to post signs, prohibiting activities within an area.
Now therefore the Municipal Council of the Corporation of the
Township of Southgate enacts as follows;
1.0
Short Title
This By-law may be cited as the "Building By-law".
2.0
Definitions and Word Usage
2.1
In this By-law:
a) "Act" means the Building Code Act, 1992, as amended;
b) "Applicant" means the owner of a building or property
who applies for a permit or any person authorized by
the owner to apply for a permit on the owner's behalf,
or any person or corporation empowered by statute to
cause the demolition of a building or buildings and
anyone acting under the authority of such person or
corporation;
c) "Building Code" means the regulation made under
Section 34 of the Act;
d) "Chief Building Official" means the Chief Building
Official appointed by Council under Section 3 of the Act;
e) "Inspectors" means such Building Inspectors as may
be appointed by by-law of the Corporation of the
Township of Southgate for the purpose of
enforcement of the Act;
f) "Owner" means the registered owner of the land and
includes a lessee, mortgagee in possession, and the
person in charge of the property;
g) "Permit" means permission or authorization given in
writing by the Chief Building Official to perform work
regulated by the Act and Building Code, or to occupy a
building or a part thereof;
h) "Permit holder" means the person to whom the permit
has been issued and who assumes the primary
responsibility for complying with the Act and the
Building Code;
i) "Plumbing" shall have the same meaning as 'plumbing'
as defined the Building Code Act;
j) "Wind Turbines" means a mechanism which turns
when wind traverses its blades in order to produce
mechanical, thermal or electrical energy.
Terms not defined in the By-law shall have the meaning as described
to them in the Act or the Building Code.
3.0
Classes of Permits
Classes of permits required for construction, demolition or change of
use be set forth in Schedule "A" appended to and forming part of this
By-law.
4.0
Permits
To obtain a permit, an applicant shall file an application in writing on
prescribed forms and shall supply any other information relating to the
application as required by the Chief Building Official.
4.1
Every building permit application shall:
a) identify and describe in detail the work, use and
occupancy to be covered by the permit for which the
application is made;
b) identify and describe in detail the existing uses and the
proposed use(s) for which the premises are intended;
c) describe the land on which the work is to be done, by a
description that will readily identify and locate the site
on which the building or demolition is to occur;
d) be accompanied by plans and specifications as
described in the By-law;
e) be accompanied by the required fees as calculated in
accordance with the Township of Southgate Fees and
Charges By-law 86 - 2014, as amended;
f) state the names, addresses and telephone numbers of
the owner, applicant, architect, engineer or other
designer, and the constructor or person hired to carry
out the demolition, as the case may be;
g) when Division C, Section 1.2.2. of the Building Code
applies, be accompanied by a signed acknowledgement
of the owner on a form prescribed by the Chief Building
Official that an architect or professional engineer, or
both, have been retained to carry out the general
review of the construction or demolition of the building;
h) when Division C, Section 1.2.2. of the Building Code
applies, be accompanied by a signed statement of the
architect or professional engineer, or both, on a form
prescribed by the Chief Building Official, undertaking to
provide general review of the construction or demolition
of the building;
i) include, where applicable, the registration number of
the builder or vendor as provided in the Ontario New
Home Warranties Plan Act;
j) state estimated valuation of the proposed work
including material and labour; and
k) be signed by the applicant who shall certify as to the
truth of the contents of the application.
4.2
In addition to the requirements of subsection (2) above,
every demolition permit application shall;
a) when Division C, Section 1.2.2.3. of the Building Code
applies, be accompanied by structural design
characteristics of building and the method and time
schedule of the demolition; and
b) be accompanied by satisfactory proof that
arrangements have been made with the proper
authorities for the termination and capping of all the
water, sewer, gas and electric, telephone or other
utilities and services.
4.3
In addition to the requirements of subsection (2) above, every
construction permit application for part of a building shall;
a) include an application for the entire project; and
b) include plans and specifications covering the part of the
work for which more expeditious approval is desired,
together with such information pertaining to the
remainder of the work as may be required by the Chief
Building Official;
4.4
In addition to the requirements of subsection (2) above, every
conditional permit application for the construction of a building
shall;
a) state the reasons why the applicant believes that
unreasonable delays in construction would occur if a
conditional permit is not granted; and
b) state necessary approvals which must be obtained in
respect of the proposed building and the time in which
such approvals will be obtained.
4.5
In addition to the applicable requirements of subsection (2)
above, every change of use permit application shall;
a) describe the building or part thereof in which the
occupancy is to be changed; and
b) include plans and specifications which show the current
and proposed occupancy of all part of the building, and
which contain sufficient information to establish
compliance with the requirements of the Building Code
including floor plans, details of wall, floor and roof
assemblies identifying required fire resistance rating
and load bearing capacities.
4.6
The Chief Building Official shall, where conditions in subsection
(4) above have been fulfilled, issue a permit for part of a
building subject to compliance with the Act, the Building Code
and any applicable laws.
4.7
The Chief Building Official may, where conditions in Subsection
8(3) to 8(5) of the Act and subsection (5) above have been
fulfilled, issue a conditional permit for a building subject to
compliance with the Act, the Building Code and any applicable
law.
4.8
The Chief Building Official shall not, by reason of the issuance of
a permit for any part or parts of the building issued under
subsection (4) and (5) be under any obligation to grant any
further permit or permits therefore.
4.9
Where an application for a permit remains incomplete or
inactive for six months after it is made, the application
may be deemed by the Chief Building Official to have been
abandoned.
5.0
Plans and Specifications
5.1
Every applicant shall furnish;
a) sufficient plans, specifications, documents and other
information to enable the Chief Building Official to
determine whether the proposed construction,
demolition, or change of use conforms to the Act and
the Building Code; and
b) a site plan referenced to a current plan of survey
certified by a registered Ontario Land Surveyor and a
copy of such survey shall be filed with the municipality
unless this requirement is waived because the Chief
Building Official is able, without having a current plan of
survey, to determine whether the proposed work
conforms to the Act, the Building Code, and any other
applicable law. Site plan will include;
i) lot size and dimensions of property;
ii) setbacks from existing and proposed buildings to
property boundaries and to each other;
iii) existing and finished ground levels or grades; and
iv) existing rights of way, easements and municipal
services.
5.2
Plans submitted shall be legible and be drawn to scale.
5.3
The Chief Building Official shall determine the number of
plans, specification, documents and other information
required to be furnished with an application for permit
having regard for the requirements of an Act, regulation or
By-law respecting the examination or circulation of the
application.
5.4
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.
5.5
Plans and specifications furnished according to this by-law
or otherwise required by the Act become the property of
the municipality and will be disposed of or retained in
accordance with relevant legislation.
6.0
Fees
6.1
The Chief Building Official shall determine the required fees
calculated in accordance with the Township of Southgate
Fees and Charges By-law 86 - 2014 as amended, for the
work proposed and the applicant shall pay such fees. No
permit shall be issued until the fees therefore have been
paid in full.
6.2
Upon written request, the Chief Building Official shall
determine the amount of fees, if any, that may be refunded
in accordance with Schedule "B". No fees shall be refunded
after six months of permit issuance. Under no
circumstances shall there be a refund of less than
$200.00.
6.3
Subject to subsection 7(1) there shall be no refund of
permit fees where a permit has been revoked.
7.0
Permit Revocation, Deferral of Revocation and Transfer
7.1
Revocation of Permit
Prior to revoking a permit in accordance with the Act, the
Chief Building Official may give written notice of intention
to revoke to the permit holder at his last known address
and, if on the expiration of thirty (30) days from date of
such notice, the ground for revocation continues to exist,
the permit may be revoked without further notice and all
submitted plans and other information may be disposed of.
7.2
Transfer of Permit
a) Permits are transferable only upon the new owner
completing a permit application to the requirements of
Section 4; and
b) A fee, as prescribed in the Township of Southgate Fees
and Charges By-law 86 - 2014 as amended, shall be
payable on a transfer of permit by the new owner who
shall thenceforth be the permit holder for the purpose of
the Act and the Building Code.
8.0
Notifications
8.1
Notices for inspections respecting stages of construction
required by the Building Code shall be given by the permit
holder to the Chief Building Official at least two business
days in advance if each stage of construction specified
therein.
8.2
A notice pursuant to this section is not effective until
written or oral notice is received by the Chief Building
Official.
9.0
Enforcement (Offences)
9.1
No person shall:
a) Construct a building without a permit contrary to
subsection 8(1) of the Act;
b) Cause construction of building without a permit contrary
to subsection 8(1) of the Act;
c) Demolish a building without a permit contrary to
subsection 8(1) of the Act;
d) Cause demolition of a building without a permit contrary
to subsection 8(1) of the Act;
e) Change plans without authorization contrary to
subsection 8(12) of the Act;
f) Construct a building not in accordance with plans
contrary to subsection 8(13) of the Act;
g) Change the use of a building without a permit contrary
to subsection 10(1) of the Act;
h) Occupy a building newly erected without notice or
inspection contrary to subsection11(1) of the Act;
i) Obstruct or remove a posted order without
authorization contrary to section 20 of the Act;
j) Furnish false information on an application for a permit
contrary to clause 36(1)(a) of the Act;
k) Commence demolition before a building has been
vacated contrary to Division C sentence 1.3.1.1.(4) of
the Building Code;
l) Fail to post a permit on the construction site contrary to
Division C article 1.3.2.1. of the Building Code;
m) Fail to post a permit on the demolition site contrary to
Division C article 1.3.2.1. of the Building Code;
n) Occupy an unfinished building without a permit contrary
to Division C sentence 1.3.3.1.(1) of the Building Code;
o) Fail to provide notification of construction phase
contrary to Division C sentence 1.3.5.1.(2) of the
Building Code;
p) No person shall hinder or obstruct or attempt to hinder
or obstruct a chief building official or an inspector
contrary to section 19(1) of the Building Code Act.
9.2
No person shall fail to comply with:
a) An order to comply made by an Inspector under
Subsection 12(2) of the Act;
b) An order not to cover made by an inspector under
subsection 13(1) of the Act;
c) An order to uncover made by an inspector under section
13(6) of the Act;
d) A stop work order made by the Chief Building Official
under subsection 14(4) of the Act;
e) An order to remedy an unsafe building made by an
inspector under subsection 15.9(4) of the Act;
f) An order prohibiting use or occupancy of an unsafe
building made by the Chief Building Official under
subsection 15.9(6) of the Act; and
g) An order to repair a dangerous building made by the Chief
Building Official under subsection 15.10(1) of the Act.
10.0 Penalties
10.1 Every person who contravenes any provision of this by-law or
the Act or is party to such contravention is guilty of an offence
and upon conviction is liable to a fine, in accordance with
section 36 of the Act with respect to offences arising from
section 9.01 and 9.02 of this by-law; or otherwise as provided
for in the Provincial Offences Act R.S.O. 1990, c. P.33.
10.2 Every person who hinders or obstructs a person lawfully
carrying out the enforcement of this by-law is guilty of an
offence.
10.3 Every person who is guilty of an offence under this by-law
may, if permitted under the Provincial Offences Act, R.S.O.
1990, c. P.33 as amended, pay a set fine, and the Chief Judge
of the Ontario Court of Justice shall be requested to establish
set fines as set out in this by-law.
10.4 In addition to the penalties prescribed in section 9.01 and
9.02 of this by-law, the Chief Building Official may apply under
subsection 36(1) and or 38(1) of the Act for additional
penalties and/or fine up to Five Thousand Dollars ($5,000.00)
or the maximum fine applicable pursuant to the provisions of
the Provincial Offences Act, R.S.O. 1990 c. P33.
10.5 No part of this by-law shall come into force and take effect
until the set fines are approved and filed by the Regional
Senior Justice, pursuant to Provincial Offences Act Part 1. A
copy of this approval is attached and forms part of this by-
law.
11.0 Severability
Should any section, subsection, clause or provision of the By-law be
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this By-law as a whole or any
part thereof, other than the part so declared to be invalid.
12.0 Repeal - Enactment
a) By-law Number 5 - 2006 and any amendments are hereby
repealed; and
b) This by-law shall be enacted on passing.
Enacted and passed this
day of
2016
The Corporation of the
Township of Southgate
Mayor Anna-Marie Fosbrooke
Clerk Raylene Martell
SCHEDULE "A"
Respecting Classes of Permits and Permit Fees
Class of Permit
1.
Building Permit (To construct or extend a building)
2.
Accessory Buildings / Swimming Pools
3.
Renovations
4.
Agricultural
5.
Commercial/Industrial/Institutional
6.
Industrial Wind Turbine
7.
Demolition Permits
8.
Decks
9.
Renewal of Building Permit / Transfer of Permit
10.
Minimum Permit Fee
11.
Plumbing Permits / Sewer Permit
12.
Fire Place / Heating Plant
13.
Change of Use Permit / Signs
14.
Deposit for Final Inspection (refundable within 3 years
upon final inspection)
15.
Proceeding without a Permit
16.
Private Sewage Disposal Systems
Fees
As per Schedule "G" of the current Southgate Consolidated Fees
and Charges By-law.
BY-LAW NUMBER 061 - 2016
SCHEDULE "B"
Respecting Refunds
Purpose
To govern the refunds of building and demolition permits.
Statement
If a building or demolition permit is cancelled at the request of the
holder within 6 months of the date of issuance, 50% of the permit fee
collected shall be refunded.
Where, in the opinion of the Chief Building Official, any other type of
building permit that has not been acted upon, and the holder requests
cancellation prior to the commencement of the work, the holder of the
permit shall be entitled to a refund of one-half the permit fee paid.
Under no circumstances shall there be a refund of less than $200.00.
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 1 O'h FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
August 2, 201 6
Raylene Martell
185667 Grey County Road 9
RR 1
Dundalk, ON NOC 1 BO
Dear Ms. Martell:
Re: Set Fines - Provincial Offences Act - Part I
Building Code Act, of the Township of Southgate
CABINET DU JUGE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L'ONTARIO
REGION DE L'OUEST
80, RUE DUNDAS, 1 0' IT AGE, UNITE L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TELEPHONE (519) 660-2292
FAX/ TELECOPIEUR (519) 660-31 38
Enclosed herewith is an original Order, and an original schedule of set
fines for the above referenced Act, the Act indicated in the schedule.
The setting of the fines does not constitute my approval of the short form
of wording used to describe the offences.
I have forwarded the copy of the Order and the schedule of set fines to
the Provincial Offences Court in Owen Sound together with a copy of the
Act.
~
Stephen J. Fuerth
Regional Senior Justice
West Region
encl.
/cb
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences in the schedule of offences under the Provincial
Statutes and Regulations thereunder and the Building Code Act, of the
Township of Southgate, attached hereto are the set fines for those
offences. This Order is to take effect August 2, 2016.
Dated at London this 2nd day of August, 2016.
~
Stephen J. Fuerth
Regional Senior Justice
West Region
BY-LAW NUMBER 061 - 2016
The Corporation of the Township
Of Southgate
Part 1 Provincial Offences Act
Building Code Act
Set Fines
1
Property Owner - Construct
s.8(1)
building without permit
2
Property Owner - Cause
s. 8(1)
construction of building
without perm it
3
Property Owner - Demolish
s.8(1)
building without permit
4
Property Owner - Cause
s.8(1)
demolition of building without
permit
5
Property Owner - Change
s.8(12)
plans without authorization
6
Property Owner - Construct
s.8(13)
building not in accordance
with plans
7
Property Owner - Change the
s.10(1)
use of building without permit
8
Property Owner- Occupy
s.11(1)
newly erected building
without notice or inspection
9
Property Owner - Obstruct or s.20
remove posted order without
authorization
10
Property Owner - Furnish
s.36(1)(a)
false information on permit
application
11
Property Owner - Commence
Div C sentence
demolition before building
1.3.1.1.( 4) of the
vacated
Building Code
Page 12 of 15
$250.00
$250.00
$150.00
$150.00
$150.00
$150.00
$250.00
$250.00
$300.00
$300.00
$300.00
BY-LAW NUMBER 061 - 2016
Page 13 of 15
12
Property Owner - Fail to post
Div C article 1.3.2.1.
$150.00
permit on construction site
of the Building Code
13
Property Owner - Fail to post
Div C article 1.3.2.1.
$150.00
permit on demolition site
of the Building Code
14
Property Owner - Fail to
Div C sentence
$150.00
provide notification of
1.3.5.1.(2) of the
construction phase
Building Code
15
Property Owner - Fail to
s.12(2)
$400.00
comply with order to comply
16
Property Owner - Fail to
s.13(1)
$400.00
comply with order not to
cover
17
Property Owner - Fail to
s.13(6)
$400.00
comply with order to uncover
18
Property Owner- Fail to
s.14(4)
$400.00
comply with stop work order
19
Property Owner - Fail to
s.15.9(4)
$400.00
comply with order to remedy
unsafe building
20
Property Owner - Fail to
s.15.9(6)
$400.00
comply with an order
prohibiting use or occupancy
of unsafe building
21
Property Owner - Hinder or
s.19(1)
$400.00
obstruct person lawfully
carrying out enforcement
duties
BY-LAW NUMBER 061 - 2016
The Corporation of the Township
Of Southgate
Part 1 Provincial Offences Act
Building Code Act
Set Fines
22
Builder - Construct building
s.8(1)
without permit
23
Builder- Cause construction
s.8(1)
of building without permit
24
Builder - Demolish building
s.8(1)
without permit
25
Builder - Cause demolition of s.8(1)
building without permit
26
Builder - Change plans
s.8(12)
without authorization
27
Builder - Construct building
s.8(13)
not in accordance with plans
28
Builder - Change the use of
s.10(1)
building without permit
29
Builder - Occupy newly
s.11(1)
erected building without
notice or inspection
30
Builder - Obstruct or remove
s.20
posted order without
authorization
31
Builder - Furnish false
s.36(1)(a)
information on permit
application
32
Builder- Commence
Div C sentence
demolition before building
1.3.1.1.(4) of the
vacated
Building Code
33
Builder - Fail to post permit
Div C article 1.3.2.1.
on construction site
of the Building Code
34
Builder - Fail to post permit
Div C article 1.3.2.1.
on demolition site
of the Building Code
Page 14 of 15
$500.00
$500.00
$300.00
$300.00
$300.00
$300.00
$500.00
$500.00
$500.00
$500.00
$600.00
$300.00
$300.00
35
36
37
38
39
40
41
Builder- Fail to provide
Div C sentence
$400.00
notification of construction
1.3.5.1.(2) of the
phase
Building Code
Builder- Fail to comply with
s.13(1)
$600.00
order not to cover
Builder - Fail to comply with
s.13(6)
$600.00
order to uncover
Builder- Fail to comply with
s.14(4)
$600.00
stop work order
Builder - Fail to comply with
s. 15.9(4)
$600.00
order to remedy unsafe
building
Builder - Fail to comply with
s.15.9(6)
$600.00
an order prohibiting use or
occupancy of unsafe building
Builder - Hinder of obstruct
s.19(1)
$600.00
person lawfully carrying out
enforcement duties
Note: "the penalty provisions for the offences listed above are
section 36 of the Building Code Act, 5.0. 1992, Ch.23 and s.61
of the Provincial Offences Act, R.S.O. c.P.33."