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The Corporation Of The Municipality Of West Elgin
By-Law 2020-21
Being a By-law respecting Construction, Demolition, Change of Use,
Conditional Permits, Sewage Systems and Inspections
Whereas Section 7 of the Building Code Act, 1992, S.O. 1992 c.23 as amended,
empowers Council to pass certain by-laws respecting construction, demolition, change of
use, conditional permits, sewage systems and inspections;
Now Therefore Be It Resolved That the Council of The Corporation of the Municipality of
West Elgin enacts as follows
1. Short Title
1.1
This By-law may be cited as the "Building By-law"
2. Definitions
2.1
In this By-law,
2.1.1 "Act" means the Building Code Act, 1992, as amended, including
amendments thereto.
2.1.2 "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.
2.1.3 "As Constructed Plans" means as constructed plans as defined in the
Building Code.
2.1.4 "Architect" means a holder of a license, a certificate of practice, or a
temporary license under the Architect's Act as defined in the Building
Code.
2.1.5 "Building" means a building as defined in Section 1(1) of the Act.
2.1.6 "Building Area" means the greatest horizontal area of a building within
the outside surface of the exterior walls.
2.1.7 "Building Code" means the Regulations made under Section 34 of the
Act.
2.1.8 "Chief Building Official" means the Chief Building Official appointed
by the By-law of the Corporation of the Municipality of West Elgin for
the purposes of enforcement of the Act.
2.1.9 "Corporation" means the Corporation of the Municipality of West Elgin.
2.1.10 "Farm Building" means a farm building as defined in the Building
Code.
2.1.11 "Permit" means written permission or written authorization from the
Chief Building Official to perform work regulated by this By-law and the
Act.
2.1.12 "Plumbing" means plumbing as defined in Section 1(1) of the Act.
2.1.13 "Professional Engineer" means a person who holds a license or a
temporary license under the Professional Engineer's Act, as defined in
the Building Code.
2.1.14 "Sewage System" means a sewage system as defined in the Building
Code.
2.1.15 "Special Inspection" means an inspection that is requested and
carried out not in connection with a permit, at the discretion of the Chief
Building Official. This also includes inspections requested on permits
that are more than 12 months old that were issued under a previous
version of the Ontario Building Code.
Any word or term not defined in this By-Law, that is defined in the Act or Building Code
shall have the meaning ascribed to it in the Act or Building Code.
3. Classes of Permits
3.1
Classes of permits with respect to the construction, demolition and change of
use of buildings and permit fees shall be as set out in Fees & Charges By-law
- Building, as amended.
3.2. Permits for work other than that referred to in this by-law, such as road cuts,
etc., shall be obtained from the appropriate authority having jurisdiction in
accordance with the by-laws of the Municipality.
4. Requirements for Applications
4.1
The Application
To obtain a permit, the owner or an agent authorized by the owner shall file
an application in writing by completing a prescribed form available at the
office of the Chief Building Official or from the Building Code website
www.obc.mah.gov.on.ca
4.1.1. Where application is made for a building permit under Subsection 8(1)
of the Act, the application shall:
4.1.1.1. Use the provincial application for, "Application for a Permit to
Construct or Demolish"; and
4.1.1.2. Identify and describe in detail the work and the occupancy to be
covered by the permit for which application is made.
4.1.1.3. Describe the land on which the work is to be done, by a description
that will readily identify and locate the building lot.
4.1.1.4. Include a minimum of two sets of complete plans and specifications
for the work to be covered by the permit and show the occupancy of
all parts of the building.
4.1.1.5. State the valuation of the proposed work including materials and
labour and be accompanied by the required fee.
4.1.1.6. State the names, addresses and telephone numbers of the owner
and of the architect or engineer, where applicable, or other designer
or contractor.
4.1.1.7. Be accompanied by a written acknowledgement of the owner that he
has retained an architect or professional engineer to carry out the
field review of the construction where required by the Building Code
and;
4.1.1.8. Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
4.1.2. Where application is made for a demolition permit under Subsection 8(1) of
the Act, the application shall,
4.1.2.1. Use the provincial application form, "Application for a Permit to
Construct or Demolish";
4.1.2.2. Contain the information required by clauses 4.1.1.2 to 4.1.1.8 and
4.1.2.3. May be required to be accompanied by satisfactory proof that
arrangements have been made with the proper authorities for the cutting
off and plugging of all water, sewer, electric, telephone or other utilities
and services.
4.1.2.4. Be accompanied by evidence that the demolition will be overseen by
qualified individuals when such is required by the Building Code.
4.1.3 Where application is made for a conditional permit under Subsection 8(3) of
the Act, the application shall:
4.1.3.1 Use the provincial application form, "Application for a Permit
to Construct or Demolish";
4.1.3.2 Contain the information required by clauses 4.1.1.2 to 4.1.1.8,
4.1.3.3 Contain such other information, plans and specifications
concerning the complete project as the Chief Building Official
may require,
4.1.3.4 State the reasons why the applicant believes that
unreasonable delays in construction would occur if a
conditional permit is not granted.
4.1.3.5 State the necessary approvals, which must be obtained in
respect of the proposed building and the time in which such
approvals will be obtained.
4.1.3.6 State the time in which plans and specifications of the
complete building will be filed with the Chief Building Official.
4.1.4 Where an application is made for a conditional permit under 8(3) of the
Act, the owner shall enter into a written agreement with the
municipality prior to the issuance of the permit.
4.2
Partial Permit
4.2.1. When, in order to expedite work, approval of a portion of the building
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 Municipality.
4.2.2 Should a permit be issued for part of a building, the holder of such
permit may proceed without assurances that the permit for the entire
building will be granted.
4.2.3 After issuance of the permit, application may be made for revision of
the permit and such application shall be made in the same manner as
for the original permit.
4.2.4 Issuance of a partial permit shall not be constructed as authorized to
construction beyond the plans for which the partial permit was given.
4.3
Change of Use Permits
4.3.1 Every applicant for a change of use permit issued under Subsection
10(1) of the Act shall be submitted to the Chief Building Official and
shall,
4.3.1.1 use the form available from the Chief Building Official,
Corporations' website and at the office of the Corporation;
and
4.3.1.2 Describe the building in which the occupancy is to be
changed, by a description that will readily identify and locate
the building.
4.3.1.3
Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which
the application is made,
4.3.1.4
Include plans and specifications which show the current and
proposed occupancy of all parts of the building and which
contain sufficient information to establish compliance with
the requirements of the Building Code including floor plans,
details of wall, ceiling and roof assemblies, identifying
required fire resistance ratings and load bearing capabilities,
4.3.1.5
Be accompanied by the required fee,
4.3.1.6
State the name, address and telephone number of the
owner, and
4.3.1.7
Be signed by the owner or his or her authorized agent who
shall certify the truth of the contents of the application.
4.4. Sewage Systems
4.4.1 Every application for a sewage system permit shall be submitted to the
Chief Building Official and contain the following information:
4.4.1.1 The information required by Section 4.1.1,
4.4.1.2 The name address, telephone number and license number of
the person installing the sewage system,
4.4.1.3 Where the person named in Section 4.4.1.2 above requires a
license under the Act and the Building Code, the number and
date of issuance of the license, and the name of the qualified
person supervising the work to be done under the sewage
system permit,
4.4.1.4 A site evaluation which shall include all of the following items,
unless otherwise specified by the Chief Building Official:
a) the date the evaluation was done;
b) name, address, telephone number and signature of the
person who prepared the evaluation;
c) a scaled map of the site showing,
-
the legal description, lot size, property dimensions,
existing rights-of-way, easements of municipal/utility
corridors,
-
the location of any existing of proposed buildings
-
the location of the proposed sewage system,
-
the location of any unsuitable, disturbed or
compacted areas,
-
proposed access routes for system maintenance.
d) depth of bedrock
e) depth to zones of soil saturation,
f) soil properties, including soil permeability
g) soil conditions, including the potential for flooding
4.5
Transfer of Permit
Where an application is made for the transfer of a permit, the applicant shall;
4.5.1. use the form available from the Chief Building Official, Corporation's Website
and at the office of the Corporation; and
4.5.2. provide the names and addresses of the previous and new land owner; and
4.5.3. provide the date that the land ownership too place; and
4.5.4. describe the permit that is being transferred.
4.6 Revisions to Permit
Where there is material or system change during construction and/or to the
plans, specifications, documents or other information on the basis of which a
permit was issued, the owner or authorized agent is required under Section
8(12) of the Act to notify the Chief Building Official and shall submit the
following:
4.6.1. Revised plans and specifications illustrating the changes, including all
supporting documentation as may be requested by the Chief Building
Official, and
4.6.2. Payment of the required fees as calculated in accordance with the
Fees & Charges By-law. In the event the area of work is reduced,
there shall be no refund.
4.7
Revocation
Pursuant to subsection 8(10) of the Act, the Chief Building Official may
revoke a permit if after six months after its issuance, the construction or
demolition in respect of which it was issued has not, in the opinion of the
Chief Building Official, been seriously commenced. The Chief Building Official
may also revoke a permit due to additional reasons as stipulated in
subsection 8(10) of the Act.
Notice of Revocation
Prior to revoking a permit under subsection 8(10) of the Act, the Chief
Building Official may serve a notice by personal service or registered mail at
the last known address to the permit holder, and, following a 30 day period
from the date of service, the Chief Building Official may revoke the permit if
grounds to revoke still exist, without any further notice.
Deferral of Revocation
A permit holder may within 30 days from the date of service of a notice under
this Part request in writing that the Chief Building Official defer the revocation.
Stating reasons why the permit should not be revoked. The Chief Building
Official having regard to then current provisions of the Act, Ontario Building
Code or any other applicable law may confirm the revocation or allow the
permit to continue in effect and attach any conditions thereto. Such
permission shall be given in writing.
4.8
Abandoned Permit Application
Where an application for a permit remains inactive or incomplete for six
months after it is made, the application may be deemed by the Chief Building
Official to have been abandoned without any further notice to the applicant.
4.9 Occupancy Permit
Where the requirements of the Building Code with respect to occupancy have
been met, an occupancy permit shall be issued by the Chief Building Official
or a person designated by the Chief Building Official for all dwelling units
applied for after December 31, 2011.
4.9.1. No person shall occupy, or permit the occupancy of a dwelling or parts
thereof until an occupancy permit, authorizing the occupancy of the
said dwelling, has been issued.
4.10 Equivalents
Where an application for a permit or for authorization to make a material
change to a plan, specification, document or other information on the basis of
which a permit was issued, contains an equivalent material, system or
building design for which authorization under Section 9 of the Act is
requested, the following information shall be provided:
(1)
a description of the proposed material, system or building design for
which authorization under section 9 of the Act is requested,
(2)
any applicable provisions of the Building Code
(3)
evidence that the proposed material, system or building design will
provide the level of performance required by the Building Code.
(4)
4.11.
Plans and Specifications
Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
construction, demolition or change of use will conform to the Act, the Building
Code and any other applicable law.
4.11.1 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 shall not to be made without the
written authorization of the Chief Building Official
4.11.2 Each application shall, unless otherwise specified by the Chief Building
Official, be accompanied by two complete sets of plans and
specifications required under this by-law.
4.11.3 Plans shall be drawn to scale on paper, cloth or other durable material,
shall be legible and without limiting the generality of the foregoing,
shall include such working drawings as set out in Schedule "B" to this
by-law, unless otherwise specified by the Chief Building Official.
4.11.4 Site plans and Grading Plans shall be accurately drawn to scale, and if
required by the Chief Building Official to demonstrate compliance with
the Act, the Building Code or other applicable law, a copy of a survey
prepared by an Ontario Land Surveyor shall be submitted. Site Plans
and Grading Plans shall show:
4.11.4.1 Lot Size and the dimensions of the property lines and
setbacks to any existing or proposed buildings,
4.11.4.2 Existing and finished ground levels or grades,
4.11.4.3 Existing rights-of-way, easements and municipal services.
4.11.4.4 Overhead electrical conductors, watercourses and railways,
4.12.
Site Plan Certification
4.12.1 Verification by an Ontario Land Surveyor of by-law compliance may be
required before proceeding past foundation stage, if required by the
Chief Building Official
4.12.2 The Chief Building Official may request that a professional engineer or
Ontario Land Surveyor, at completion of construction, certify that the
final Building and ground elevations are in general conformity with the
approved plan.
5. Payment of Fees
5.1
Fees for a required permit shall be as set out in Fees & Charges By-law -
Building, as amended and are due and payable upon submission of an
application for a permit.
5.2
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 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 value 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.
5.3
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 the
applicant shall pay the required fee under protest and, within six (6) months
of completion of the project, shall submit an audited statement of the actual
costs and where the audited value is determined to be less than the
valuation, the Chief Building Official shall issue a refund.
5.4
Any person or corporation who commences construction or changes the use
of a building before a building permit has been issued, shall pay an additional
fee equal to 100% of the amount calculated as regular permit fee, but in no
case shall the additional fee exceed Two Thousand Dollars ($2000.00) for
Residential permits or Five Thousand Dollars ($5000.00) for Agricultural,
Industrial, Commercial or Institutional permits.
6. Refunds
6.1
In the case of withdrawal of an application or the 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 applicant, if any, in accordance with Schedule "A" attached to
and forming part of this by-law. Application for refund must be made within 6
months of the date of permit application in order to be eligible for a refund of
any permit fee.
7. NOTICE OF REQUIREMENTS FOR INSPECTIONS
1.1
The owner or an authorized agent shall notify the Chief Building Official at least two
(2) business days prior to each stage of construction for which notice in advance is
required.
1.2
Inspections shall be called for in accordance with Div. C. 1.3.5.1 of the Building
Code.
1.3
With respect to "additional notices" under Div C. 1.3.5.2 of the Building Code, the
owner or authorized agent shall notify the Chief Building Official at least 24 hours
up to a maximum of 48 hours prior to each stage of construction for which notice in
advance is required under the Building Code
1.4
Notice may be given in one of the following ways;
1.4.1 Phone message at (519) 857-9605 or the municipal office at (519) 785-0560.
8. Forms
2.1
Forms, other than those prescribed by legislation, shall be determined by the Chief
Building Official.
9. As Constructed Plans
3.1
The Chief Building Official may require that a set of plans of a building or any class
of building as constructed be filed with the Chief Building Official on completion of
construction under such conditions as may be prescribed in the Building Code.
10. Penalty
Any person who contravenes any provision of this by-law is guilty of an
offence and shall upon conviction be liable to a fine provided in Section 36 of
the Act and any other applicable legislation.
11. Repeal of By-Law
11.1 By-law 2005-87 and all amendments are hereby repealed.
12. Code of Conduct
The code of conduct and associated policies as required under section 7.1 of
the Act are set out in By-law 2005-42.
Read a first, second and third time and finally passed this 27th day of February, 2020
___________________________
_________________________
Duncan McPhail Jana Nethercott
Mayor
Clerk
Schedule "A" of By-Law 2020-21
Refunds
Status of Permit Application
Percentage of Fee Eligible for Refund
1. Application withdrawn in writing, no
processing of review of plans submitted
90% maximum
2. Application withdrawn in writing plans
reviewed and prior to permit issuance
60% maximum
3. Application withdrawn in writing or
revoked, prior to construction, after the
permit has been issued
50% maximum
4. Application withdrawn in writing or
revoked, six (6) months or more after
permit has been issue
0%
Note:
1.
No refunds after any building inspections are carried out.
2.
No refund shall result in the retention by the Municipality of West Elgin of
an amount less than $50.00.
Schedule "B" of By-Law 2020-21
List of Plans or Working Drawings
To Accompany Applications for Permits
1.
The Site Plan
2.
Grading Plan
3.
Floor Plans
4.
Foundation Plans
5.
Framing Plans
6.
Roof Plans
7.
Reflected Ceiling Plans
8.
Sections & Details
9.
Building Elevations
10.
Electrical Drawings
11.
Heating, Ventilation, Air Conditioning Drawings with Heat Gain
Loss Calculations
12.
Plumbing Drawings
13.
Sewage System Design and Plans
14.
Fire Alarm Plans
Note: The Chief Building Official may specify that not all
the above mentioned plans are required to accompany
an application for permit.