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THE CORPORATION OF THE TOWNSHIP
OF WELLESLEY
BY-LAW NUMBER 40/ 2017
Being a by-law respecting Building, Demolition, Conditional, Change of Use and Occupancy
Permits, Inspections and Code of Conduct
WHEREAS Subsection 7(1) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended (the
"Act") authorizes Council to pass certain by-laws respecting Building, Demolition and Change of
Use Permits and Inspections;
AND WHEREAS Subsection 3(2) of the Act requires Council to appoint a Chief Building Official
and Inspectors for the enforcement of the Act;
AND WHEREAS Subsection 7.1(1) of the Act requires Council to establish and enforce a Code
of Conduct for the Chief Building Official and Inspectors;
AND WHEREAS Subsection 8(3.1) of the Act provides that Council may delegate to the Chief
Building Official the power to enter into agreements described in clause 8(3)(c) of the Act
(conditional Permits) and may impose conditions or restrictions with respect to the delegation;
AND WHEREAS Subsection 35(1) of the Act provides that the Act and Building Code
supersede all municipal by-laws respecting the construction or demolition of a buildings;
NOW THEREFORE, the Council of The Corporation of the Township of Wellesley enacts as
follows:
1.
Short Title
This by-law may be cited as the "Building By-law".
2.
Definitions
In this By-law:
"Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
"Applicable Law" means Applicable Law as defined in the Building Code;
"Applicant" means the Owner of a property or Building who applies for a Permit, or any
person authorized by the Owner to apply for a Permit on the Owner's behalf, as defined
in Division C, Article 1.3.1.2. of the Building Code;
"Architect" means an Architect as defined in Division A, Article 1.4.1.2. of the Building
Code;
"As Constructed Plans" means As Constructed Plans as defined in Division A, Article
1.4.1.2. of the Building Code.
"Building" means a Building as defined in Subsection 1(1) of the Act;
"Building Code" means the regulations made under Subsection 34(1) of the Act;
"Change of Use" means a Change of Use as referenced in Subsection 10(1) of the Act;
"Chief Building Official" means the Chief Building Official, or his or her designate,
appointed by a by-law of the Township for the purpose of enforcing the Act;
"Code of Conduct" shall have the same meaning ascribed thereto in Section 7.1 of the
Act;
"Construct" means Construct as defined in Subsection 1(1) of the Act and
"Construction" shall have the same meaning;
"Council" means the Council of The Corporation of the Township of Wellesley;
"Demolish" means Demolish as defined in Subsection 1(1) of the Act and "Demolition"
shall have the same meaning;
"Designated Structure" means structures designated for the purposes of clause (d) of
the definition of Building in Subsection 1(1) of the Act;
"Farm Building" means a Farm Building as defined in Division A, Article 1.4.1.2. of the
Building Code;
"Inspector" means an Inspector appointed by a by-law of the Township for the purpose
of enforcing the Act;
"Owner" means an Owner as referenced in Division C, Sentence 1.3.1.2.(3) of the
Building Code;
"Permit" means written permission from the Chief Building Official to perform work
regulated by this by-law and the Act, or to change the use of a Building, or a part of it,
as regulated by the Act;
"Plumbing" means Plumbing as defined in Subsection 1(1) of the Act;
"Professional Engineer" means a Professional Engineer as defined in Division A,
Article 1.4.1.2. of the Building Code;
"Sewage System" means a Sewage System as defined in Division A, Article 1.4.1.2.
of the Building Code; and
"Township" means The Corporation of the Township of Wellesley.
Any word or term not defined in this by-law, which is defined in the Act or the
Building Code, shall have the meaning ascribed to it in the Act or the Building Code.
Any word or term not defined in this by-law, the Act or the Building Code, shall have the
meaning commonly assigned to it in the context in which it is used.
3.
Classes of Permits
The classes of Permits with respect to the Construction, Demolition, Change of Use and
Occupancy of a Building, or part of it, include the following:
3.1.
Building Permit
This Permit is required under Subsection 8(1) of the Act and may include
Plumbing heating, ventilation and air conditioning systems, Sewage Systems,
Farm Buildings and Designated Structures as set out in Division A, Sentence
1.3.1.1.(1) of the Building Code.
3.2.
Demolition Permit
This Permit is required under Subsection 8(1) of the Act.
3.3.
Conditional Permit
This Permit may be issued in the discretion of the Chief Building Official in
accordance with Subsection 8(3) of the Act to authorize any stage of Construction,
even though all of the requirements under Subsection 8(2) of the Act have not
been met.
3.4.
Change of Use Permit
This Permit is required under Subsection 10(1) of the Act when a change in use
of a Building, or part of it, will result in an increase in hazard as determined under
the Building Code even though no Construction is proposed.
3.5.
Occupancy Permit
This Permit is required under Division C, Subsection 1.3.3. of the Building Code
where all or part of a Building will be occupied.
4.
Administrative Procedures Related to Permits
4.1.
Revisions to Permits
After the issuance of a Permit under the Act, notice of any material change to a
plan, specification, document or other information on the basis of which the Permit
was issued, must be provided by the Applicant in writing to the Chief Building
Official together with the details of such change. The change shall not be made
without written authorization by the Chief Building Official as required under
Subsection 8(12) of the Act.
4.2.
Transfer of Permit Applications and Permits
Where the ownership of land changes after a Permit application has been
submitted and fees paid or where a Permit has been issued, the Applicant for the
Permit or the person to whom the Permit was issued, may submit a request to
the Chief Building Official requesting a transfer of Permit application and fees or
the Permit as identified in Subsection 7(1)(h) of the Act by submitting the
following information:
(a)
the name and address of the person to whom the Permit application and
fees or the Permit are to be transferred;
(b)
the name and address of any contractors that have changed from those
listed on the Permit application or the Permit;
(c)
the name and address of Architect(s) and Professional Engineer(s)
responsible for the design and field review of the Construction that have
changed from those listed on the Permit application or the Permit; and,
(d)
the name and address of the person who paid the Permit fees.
4.3.
Revocation of Permits
The Chief Building Official, subject to provisions outlined in Subsection 8(10) of
the Act, has the authority to revoke a Permit issued under the Act.
5.
Requirements for Applications
5.1.
Building , Demolition, Conditional and Change of Use Permits
Where an application is made for a Building or Demolition Permit under
Subsection 8(1) of the Act, a Conditional Permit under Subsection 8(3) of the Act,
or a Change of Use Permit under Subsection 10(1) of the Act, the application
shall comply with Division C, Sentence 1.3.1.3.(5) of the Building Code and be
complete with documents and other information as required in this by-law.
5.2.
Prescribing Forms
The forms required for an application for a Permit, unless otherwise specified by
the Chief Building Official, shall be submitted on the application form authorized
under subsection 8(1.1) of the Building Code Act.
5.3.
Plans and Specifications
Sufficient information shall be submitted with each application for Permit to
enable the Chief Building Official to determine whether or not the proposed
Construction, Demolition or Change of Use will conform with the Act, the Building
Code and any other Applicable Law.
Each application shall, unless otherwise specified by the Chief Building Official,
be accompanied by two complete sets of working drawings and information as
set out in Schedule "A" of this by-law.
5.4.
Alternative Solutions
Where a person proposed the use of an Alternative Solution as defined in
Division A, Article 1.4.1.2. of the Building Code, the proposal shall:
(a)
include all documentation requirements as set out in Division C,
Subsection 2.1.1. of the Building Code, and
(b)
be submitted on the application form authorized under subsection 8(1.1)
of the Building Code Act.
5.5.
Inactive Permit Applications
Where an application for Permit remains inactive for six (6) months after it is
submitted, the application may be deemed by the Chief Building Official to have
been abandoned and notice thereof shall be given to the Applicant. Once an
application is deemed to be abandoned, it may be cancelled and a new
application will be required for the proposed work.
6.
Sewage System Maintenance Inspection Program
6.1
All properties within the Township that are located within the Grand River Source
Protection Plan with Sewage Systems identified as significant drinking water
threats shall have their Sewage Systems inspected by the Township every five
(5) years, or as determined by the Chief Building Official.
6.2
Prior to an inspection occurring pursuant to section 6.1 of this by-law, an Owner
shall:
(a)
complete and provide to the Chief Building Official a Septic System
Survey, as set out in Schedule "C" to this by-law, and pay all applicable
fees therefor; and,
(b)
pump out all septic tanks located on the property and complete and
provide to the Chief Building Official a Septic Tank Pump-out Verification
Form, as set out in Schedule "D" to this by-law.
7.
Payment of Fees
7.1
Fees for a required Permit shall be as set out in the Township's Fees and
Charges By-Law, as amended from time to time, and are due and payable upon
submission of an application for Permit.
7.2
Administration fees for an application for an Alternative Solution shall be a set out
in the Township's Fees and Charges By-Law, as amended from time to time, and
are due and payable upon submission of the Alternative Solution.
7.3
The Chief Building Official shall determine fees not described or included in the
Township's Fees and Charges By-Law, as amended from time to time.
7.4
An administration fee, where the occupancy of a Building, or part of it, has
occurred without an occupancy Permit being issued as required by Division C,
Articles 1.3.3.1., 1.3.3.4., 1.3.3.5. of the Building Code, shall be as set out in the
Township's Fees and Charges By-Law, as amended from time to time, and is
due and payable by the Permit Applicant upon issuance of the occupancy Permit.
This administration fee is in addition to any other penalty under the Act, Building
Code or this by-law, and is to compensate the Township for additional work
incurred due to the unauthorized occupancy of the Building.
7.5
An administration fee, where more than one occupancy inspection is required for
a Building, or part of it, shall be as set out in the Township's Fees and Charges
By-Law, as amended from time to time, and is due and payable upon issuance of
each additional occupancy Permit. This administration fee is to compensate the
Township for additional work incurred due to additional occupancy inspections.
7.6
An administration fee, where any person has commenced Construction or
Demolition, or has caused the Change of Use of a Building prior to receiving a
Permit, shall be as set out in Township's Fees and Charges By-Law, as
amended from time to time, and is due and payable by the Permit Applicant prior
to the issuance of the Permit. This administration fee is in addition to any other
penalty under the Act, Building Code or this by-law and is to compensate the
Township for the additional work incurred due to the premature commencement
of the Construction or Demolition, or the Change of Use of the Building.
7.7
In order for any deposit, collected at time of permit issuance, to be refunded, the
applicant must apply for the refund no later than eighteen (18) months after the
Building has been occupied. All deposits not collected after this time shall be
forfeited as an administrative fee and no longer available to the applicant or
permit holder.
8.
Refund of Permit Fees
In the case of a withdrawal or abandonment of an application for a Permit or
abandonment of all or a portion of the work or the non-commencement of any project,
the Chief Building Official shall determine the amount of paid Permit fees that may be
refunded to the Owner or Applicant, if any, in accordance with the Township's Fees and
Charges By-Law.
9.
As Constructed Plans
The Chief Building Official may require that a set of As Constructed Plans of a Building
be filed with the Chief Building Official on completion of Construction under such
conditions as may be prescribed in the Building Code.
10.
Notice Requirement for Inspections
The Applicant or an authorized agent shall notify the Chief Building Official of the
prescribed notices under Division C, Article 1.3.5.1. of the Building Code and the
additional notices under Division C, Clause 1.3.5.2 of the Building Code, at least one
business day prior to each stage of Construction.
11.
Appointment of Chief Building Official and Inspectors
A Chief Building Official and such Inspectors as are necessary shall be appointed by
Council for the enforcement of the Act, as described in 3(2) of the Act.
12.
Code of Conduct
The Code of Conduct for the Chief Building Official and Inspectors, as required under
Subsection 7.1(1) of the Act, is set out in Schedule "B" of this by-law
13.
Severability
Where a court of competent jurisdiction declares any section or part of a section of this
by-law to be invalid, or to be of no force and effect, it is the intention of Council in
enacting this by-law that the remained or this by-law shall continue in force and be
applied and enforced in accordance with its terms to the fullest extent possible according
to law.
14.
Repeal and Replacement of Previous By-laws
By-law No. 3344-80 and all its amending by-laws are hereby repealed and replaced by
this by-law as of the date its passage by Council .
15.
Effective Date
This by-law shall come into force and effect on the date of its passage by Council.
PASSED this ... day of ..............., 2017.
_________________________
Joe Nowak, Mayor
_________________________
Grace Kosch, Township Clerk
SCHEDULE "A"
By-Law Number 40-2017
Required Information for Permit Applications
The following are lists of plans, working drawings, information and forms that may be required to
accompany applications for Permits according to the scope of work:
1.
Plans and Working Drawings
a)
Site Plans
-
Plan of Building(s) including proximity to property lines
-
Includes north arrow
-
Includes drainage plans where applicable
b)
Roof Truss Layout Plans
-
Indicates location of trusses and spacing
-
Indicates location of girder trusses
-
Indicates spans of trusses
c)
Sections and Details
-
Includes connection details
d)
Building Elevations
-
For each wall
e)
Structural Drawings
-
Overall structural design loads
f)
Mechanical Drawings
-
Layouts and sizing for drainage, venting, water piping and ductwork.
g)
Building Code Matrix
-
Indicating major Building Code compliance criteria.
h)
Alternative Solution
-
On approved alternative solution submission form.
-
Identifies all areas of performance and levels achieved by the alternative and
acceptable solutions.
i)
Floor Plans
-
Layout drawing of all floors with rooms names and uses specified
-
Includes structural details of beams, walls and floor systems
-
Includes location of windows, doors
-
Includes enough information to determine Building Code compliance
-
Foundation plan includes size of foundation, and footings
-
Renovations should indicate the existing and new parts of the Building
including areas to be renovated or demolished.
j)
Roof Plan
-
Provides size and shape of roof structure.
-
Indicates ventilation requirements
-
Size and span of roof framing members
k)
Septic System Layouts
-
Site plan to scale indicating all Buildings, wells and structures.
-
Calculations on type of Building and type of sewage system proposed.
-
Cross section of system.
-
T-time soils analysis.
l)
Architectural Drawings
m)
Electrical Drawings
-
SB-10 load lighting calculations
n)
Fire System Drawings
-
Sprinkler and standpipe and hose drawings.
o)
Travel Distance and Exit capacity drawings
-
Indicates travel distances to exits
Two sets of drawings shall be submitted on paper or other durable material. One full-sized set
of drawings to a legible, recognized scale (minimum 3/16" = 1') and one 11"x 17" reduced scale
set of drawings are required. Two sets of 11"x17" drawings may be submitted if to a legible,
recognized scale (minimum 3/16" = 1'). Electronic drawings may be submitted, or may be
required to be submitted, at the discretion of the Chief Building Official.
If applicable, drawings must be sealed by an Architect and/or Professional Engineer and/or
stamped by a qualified/registered designer.
All drawings shall be fully dimensioned, noting all sizes and types of construction materials to be
used and their respective locations, all finishes to all walls, ceilings and floors and all existing
and proposed fire separations. Alterations, renovations and additions must differentiate
between the existing Building and new Construction being proposed. Site plans must include a
north arrow, lot lines and existing easements.
2.
Information
a.
Spatial separation calculations
b.
Fire protection reports
c.
Building Code related reports
3.
Forms
a.
Application for an Alternative Solution
b.
Commitment To General Reviews By Architects and Engineers
c.
Energy Efficiency Forms (s), i.e. (SB-10 and SB-12)
d.
Mechanical Ventilation Summary Form
e.
MDS I & II information form.
SCHEDULE "B"
By-Law Number 40-2017
Code of Conduct for the Chief Building Official and Inspectors
1.
Purpose
a)
To promote appropriate standards of behavior and enforcement actions by all
Building Department staff in the exercise of a power or the performance of a
duty.
b)
To prevent practices which may constitute an abuse of power, including unethical
or illegal practices, by all Building Department staff in the exercise of a power or
the performance of duty.
c)
To promote appropriate standards of honesty and integrity in the exercise of a
power or the performance of duty by all Building Department staff.
2.
Scope
This policy applies to all Building Department staff.
3.
Contents
Conduct
a)
Always act in the public interest.
b)
Apply all relevant laws, codes and standards in an impartial, consistent, fair and
professional manner, independent of any external influence and without regard to
any personal interests.
c)
Maintain required legislated qualifications, discharging all duties in accordance
with recognized areas of competency.
d)
Extend professional courtesy to all.
e)
Ensure interactions are in keeping with the Township's Corporate Values and
associated behaviours.
4.
Breaches of the Code of Conduct
All breaches of this Code of Conduct shall follow all of the requirements of the Township
of Wellesley's Complaint Procedure Policy.
SCHEDULE "C"
By-Law Number 40/2017
SEPTIC SYSTEM SURVEY
Building Department
T: 519-699-3947 F: 519-699-4540
Property Address
Inspection #
Roll #
PLEASE COMPLETE THE SURVEY AND SUBMIT TO THE BUILDING DEPARTMENT.
AFTER SUBMISSION THE APPLICANT WILL BE CONTACTED TO SCHEDULE THE SEPTIC INSPECTION.
SEPTIC SYSTEM INFORMATION
(FOR SYSTEMS REGULATED BY PART 1.10, DIV.C OF THE OBC)
OWNER
Name:
Telephone#:
Email:
GENERAL BUILDING INFORMATION:
Number of Bedrooms:
Number of Fixtures:
Toilet/W.C.:
Bar Sink:
Basin/Lav:
Washer:
Tub/Shower:
Laundry Tub:
Kitchen Sink:
Does a water softener discharge to the septic
system?
Yes/No
Does a garburator discharge to the septic
system?
Yes/No
Water source: drilled well / dug well / municipal
Provide a simple sketch showing (of applicable)
approximate location of the house, septic tank,
treatment unit, septic bed, property lines, wells,
ponds/streams, other structures in close proximity to
the septic system.
IMPORTANT TO BE COMPLETED BEFORE INSPECTION
Septic Tank was pumped within last 6 months before the inspection
Septic Tank pumping certificate is attached to the survey
Tank lids to be exposed for the scheduled inspection
I
declare that the information contained in this
application and attached documentation is true to the best of my knowledge.
Date
Signature
SCHEDULE "D"
By-Law Number 40/2017
SEPTIC TANK PUMP-OUT VERIFICATION FORM
Building Department
T: 519-699-3947 F: 519-699-4540
Property Address:
Name of Property Owner:
Pumping Date:
/
/
Tank Type:
Septic Tank / Holding Tank
Tank Material: Concrete / Steel / Plastic
Tank Size:
Baffles in Place: (circle one) Yes / No
Effluent Level: (circle one) Correct / Too Low / Too High
Tank Condition: (circle one) Good / Fair / Poor
Additional Notes:
Pumped By: (company name)
Name of Pumper:
______
Signature:
________________________________________________