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The Corporation of the Municipality of West Grey
Bylaw No. 2023-090
A bylaw respecting construction, demolition and change of use permits, inspections
and related matters pursuant to the Building Code Act
WHEREAS Section 3(1) of the Building Code Act, S.O. 1992, C.23, as amended,
provides that the Council of each municipality is responsible for the enforcement of this
Act in the municipality; and
WHEREAS Section 3(2) of the Building Code Act, S.O. 1992, C.23, as amended,
provides that the Council of each municipality shall appoint a Chief Building Official and
such Inspectors as are necessary for the enforcement of this Act in the areas in which
the municipality has jurisdiction; and
WHEREAS Section 7 of the Building Code Act, S.O. 1992, C.23, as amended,
authorizes a municipal council to pass bylaws concerning the issuance of construction,
demolition and change of use permits, inspections and related matters; and
WHEREAS Section 35 of the Building Code Act, S.O. 1992, C.23, as amended,
provides that the Act and the Building Code, supersede all municipal Bylaws respecting
the construction or demolition of buildings;
NOW THEREFORE be it resolved that the council of the Corporation of the Municipality
of West Grey hereby enacts as follows:
Section 1 - Short Title
1.1. This bylaw may be cited as the Municipality of West Grey Building Bylaw.
Section 2 - Interpretation
2.1. In this bylaw, the following definitions shall apply:
2.1.1.
"Act" means the Building Code Act, S.O. 1992, C. 23.
2.1.2.
"Applicant" means the owner of a building or property who applies
for a permit, or any person duly authorized by the owner of a
building or property to apply for a permit on the owner's behalf, or
any person empowered by the statute to cause the demolition of a
building or buildings and anyone acting under the authority of such
person.
2.1.3.
"As constructed plans" means construction plans and
specifications that show the building and the location of the
building on the property as the building has been constructed.
2.1.4.
"Architect" means a holder of a license, a certificate of practice, or
a temporary license under the Architect's Act.
2.1.5.
"Building" means a building as defined in Section 1(1) of the Act.
2.1.6.
"Building Code" means the regulations made under Section 34 of
the Act.
2.1.7.
"Chief Building Official" means the Chief Building Official appointed
by bylaw of the Corporation of the Municipality of West Grey under
Section 3 of the Act.
2.1.8.
"Municipality" means the Corporation of the Municipality of West
Grey.
2.1.9.
"Complete" means a building permit application submitted with all
required approvals appended in accordance with Section
1.3.1.3(5)[C] of the Building Code, in order to comply with the
building permit timelines as noted in Section 1.3.1.3[C] of the
Building Code.
2.1.10.
"Demolish" means do anything in the removal of a building or any
material part thereof and "demolition" has a corresponding
meaning.
2.1.11.
"Inspectors" means Building Inspectors appointed by bylaw of the
Corporation of the Municipality of West Grey under Section 3 of the
Act.
2.1.12.
"Owner" means the registered owner of the land and includes a
lessee, mortgagee in possession, and the person in charge of the
property, acting as the authorized agent of the owner.
2.1.13.
"Occupancy" means a permit issued to allow occupancy of a
building prior to its completion in accordance with Section 1.3.3.[C]
of the Building Code.
2.1.14.
"Permit" means written permission or written authorization from the
Chief Building Official to perform work regulated by this bylaw and
the Act, or to change the use of a building or part of a building or
parts thereof or, in the case of an occupancy permit, to occupy a
building or part of a building or parts thereof.
2.1.15.
"Permit Holder" means the owner as set out herein.
2.1.16.
"Person" means any human being, association, chartered
organization, firm, partnership, corporation, agent or trustee, and
the heirs, executors or other legal representatives of a person to
whom the context can apply according to law.
2.1.17.
"Pinned" or "Pinning" means placing a pin or point marking the
corner(s) of the proposed building by an Ontario Land Surveyor,
Professional Engineer, or Landscape Architect registered with the
OALA.
2.1.18.
"Plumbing" means a drainage system, a venting system and a
water system or parts thereof.
2.1.19.
"Project Value" means the applicant's estimated value of
construction of a proposed building including the total value of all
work, services and materials in respect of its construction and of all
professional and related services.
2.1.20.
"Prescribed Value" means the value of a proposed building, as
determined by the Chief Building Official by using the greater of the
estimate provided by the applicant or the table of Building Costs.
2.1.21.
"Residential construction site" means any construction site in
respect of which a building permit has been issued for the
construction of a new building consisting of a single dwelling unit
where such excavation is within 2 m. of another occupied dwelling
unit except where the site is within a registered plan of subdivision
which subdivision is being developed for the first time.
2.1.22.
"Table of Building Costs" means a table prepared by the Chief
Building Official and adjusted from time to time to reflect the
current valuations applicable to all work, service, materials and all
professional and related services for different classes of building
construction.
2.1.23.
"Wind Turbines" means a mechanism which turns when wind
traverses its blades in order to produce mechanical, thermal or
electrical energy.
2.2. Terms not defined in this bylaw shall have the meaning ascribed to them in
the Act or the Building Code.
2.3. All references to applicable law are ambulatory and apply as amended from
time to time.
Section 3 - Classes of and Fees for Permits
3.1. Classes of permits for construction, demolition, change in use, occupancy of
a partially complete building, and conditional permits established by this
bylaw are set forth in schedule 'A' appended to, and forming part of this
bylaw.
3.2. The Chief Building Official shall determine the required fee for the proposed
work for which a permit is required in accordance with the fees and charges
bylaw. The applicant shall pay the required fees, and no permit shall be
issued until the required fees have been paid in full.
3.3. Where construction, demolition, or change in use has commenced prior to
the issuance of the permit, the permit fee payable under Section 3.2 of this
bylaw shall be calculated in accordance with Part 1 of schedule 'B' to this
bylaw.
3.4. Where application is made for a conditional permit, the conditional
application fee shall be payable at application for permit and in addition to
this fee, prior to issuance of the conditional permit, the applicable
construction permit fee shall be paid for the complete project.
3.5. Where the fees payable in respect of an application issued under
Subsections 8(1) or 8(3) of the Act are based on a floor area, floor area shall
mean the total floor space of all storeys including storeys below the first
storey, measured as the horizontal area between the exterior surface of all
exterior walls of the building.
3.6. With respect to an application for a change of use permit issued under
Subsection 10(1) of the Act the change of use permit fee shall be utilized
when no construction is proposed or required. When construction is
proposed or required and will result in a change of use the appropriate
construction permit fee shall be utilized.
3.7. Where an application for a permit under this bylaw is withdrawn or
abandoned, or where a permit is revoked under Section 8(10) of the Act,
upon written request by the applicant, the Chief Building Official shall
determine the amount of fees that may be refunded in accordance with Part
2 of schedule 'B' to this bylaw, and the same (if any) shall be refunded.
3.8. Where an application for a permit has not been started for six (6) months
after it is made, the application may be deemed by the Chief Building Official
to have been abandoned. Where the Chief Building Official determines the
application to be abandoned, notice thereof shall be given to the applicant,
giving 21 days to re-activate the permit or forfeit the final inspection deposit.
3.9. Where a permit remains open for twenty four (24) months after the issued
date, the property owner shall pay a yearly renewal fee until the permit is
closed.
Section 4 - Permit Application
4.1. To obtain a permit an applicant shall file a "complete" application in writing on
forms regulated by the Province of Ontario and those required by the Chief
Building Official.
4.2. Building Permit:
4.2.1. Every application for a Building Permit under Subsection 8(1) of the Act
shall comply with all applicable law, shall be filed with the Chief Building
Official, and shall contain the following:
4.2.1.1. completed, dated, and signed Provincial application form,
"Application for a Permit to Construct or Demolish";
4.2.1.2. complete plans, to scale specifications, documents and other
information as may be required by Clause 7(1)(b) of the Act, as
amended, and as prescribed in Section 5 of this bylaw for the work
to be covered by the permit;
4.2.1.3. when Section 1.2.[c] of the Building Code applies, a signed
'General Review Commitment Certificate' acknowledgement of the
owner that an architect or professional engineer, or both as the
case may be, have been retained to carry out the general review of
the construction of the building;
4.2.1.4. when Section 1.2.[c] of the Building Code applies, a signed 'Letter
of Undertaking' statement of the architect or professional engineer,
or both as the case may be, undertaking to provide general review
of the construction of the building;
4.2.1.5. the proposed or existing occupancy of all parts of the building;
4.2.1.6. the estimated valuation of the proposed work, including material
and labour;
4.2.1.7. where applicable, the registration number of the builder or vendor
as provided in the Ontario New Home Warranties Plan Act;
4.2.1.8. the required fee as prescribed by the fees and charges bylaw, and
any other deposits or charges required by law.
4.2.2. In order to expedite work, the Chief Building Official, at his/her discretion,
may split the Building Permit into partial permits, each of which forms a part
of the Building Permit. The Chief Building Official shall require complete
plans and specifications in accordance with Section 4.2.1 of this bylaw for
the portion of the work for which immediate approval is required and for
which a partial permit is requested. Where a partial permit is issued, this
shall not be construed to authorize construction beyond the plans for which
approval was given or that approval will necessarily be granted for the
entire building or project.
4.2.3. For any main building to be constructed on a lot, the Chief Building Official
may require that prior to any construction for which a permit has been
issued proceeding beyond completion of the foundation, a survey certificate
prepared by an Ontario Land Surveyor, Professional Engineer, or
Landscape Architect registered with the OALA be provided to the Chief
Building Official verifying that the height of the footing or foundation for the
said main building is in conformity with the approved grading and drainage
plan for the lot or otherwise is in conformity with the approved building
plans. Building setbacks may be required to be confirmed by pinning the
footing at the time of the footing or foundation placement at the discretion of
the Chief Building Official.
4.3. Demolition Permit:
4.3.1. Every application for a Demolition Permit under Subsection 8(1) of the Act
shall be filed with the Chief Building Official, and contain the following:
4.3.1.1. information required in Section 4.2.1 of this bylaw, as applicable.
4.3.1.2. a fully executed release to certify that arrangements have been
made with the identified authorities for the termination and capping
of all the water, sewer, gas, electric, telephone or other utilities and
services;
4.3.1.3. restoration plans for the site as may be required by the Chief
Building Official; and
4.3.1.4. when Section 1.2.2.3.[c] of the Building Code applies, be
accompanied by structural design characteristics of the building and
the method of demolition.
4.4. Plumbing Permit:
4.4.1. Every application for a Plumbing Permit under Subsection 8(1) of the Act
shall be filed with the Chief Building Official, and contain the following:
4.4.1.1. information required in Section 4.2.1 of this bylaw, as applicable.
4.4.1.2. complete plans and specifications, documents and other
information as required under Article 1.3.5.4. Division C, Part 1, the
Building Code for the work to be covered by the permit.
4.4.1.3. Complete forms as deemed required and prescribed by the Chief
Building Official, including, but not limited to: Sewage System
Information; Soil Criteria and Site Evaluation; Class 4 Sewage
System Calculations; and a Site Plan.
4.5. Conditional Permit:
4.5.1. Every application for a Conditional Permit under Subsection 8(3) of the Act
shall be filed with the Chief Building Official, and contain the following:
4.5.1.1. information required in Section 4.2.1 of this bylaw, as applicable;
4.5.2. Where an application for a Conditional Permit has been made and the
provisions of Section 8(3) to 8(5) of the Act have been fulfilled and the
proposed work is in compliance with the Act, the Building Code and any
other applicable law, the Chief Building Official may issue a Conditional
Permit, but the decision to issue a Conditional Permit is solely at the
discretion of the municipality.
4.5.3. Applicants wishing to obtain a conditional permit shall enter into an
agreement with the municipality, and pay securities specified in the
agreement. The amount of securities will be determined by the Chief
Building Official and will be based on the cost to return the site to a pre-
construction state if the owner does not fulfill the requirements of the
agreement.
4.6. Change of Use Permit:
4.6.1. Every application for a Change of Use Permit under Subsection 10(1) of the
Act shall be filed with the Chief Building Official, and contain the following:
4.6.1.1. information required in Section 4.2.1 of this bylaw with the
necessary modifications, as applicable;
4.6.1.2. identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made; and
4.6.1.3. 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, floor and roof
assemblies identifying required fire resistance rating and load
bearing capacities.
4.7. Occupancy Permit:
4.7.1. An applicant shall request an Occupancy Permit, for occupancy of the
building, under Subsection 11 of the Act from the Chief Building Official, by
calling for an occupancy inspection.
4.8. Where conditions in this Section of the bylaw have been fulfilled and the
proposed work is in compliance with the Act, the Building Code and any
other applicable law, the Chief Building Official shall issue a permit for the
proposed construction, plumbing, demolition, change of use or occupancy,
except that the Chief Building Official shall not be obligated to issue a
Conditional Permit if applied for, and the Chief Building Official shall not, by
reason of the issuance of a Conditional Permit for a part or parts of a
building, be under any obligation to grant any further permit therefor.
4.9. Revision to Permit:
4.9.1. After the issuance of a permit under this bylaw, notice of any material
change to a plan, specification, document or other information on the basis
of which the permit was issued shall be given forthwith in writing by the
owner or his/her agent to the Chief Building Official together with the details
of such change. Any change in construction resulting from this change to a
plan, specification, document, or other information shall not be made
without the written authorization of the Chief Building Official. Charges may
apply.
Section 5 - Plans and Specifications
5.1. Required Plans and Specifications:
5.1.1. Every applicant shall furnish:
5.1.1.1. 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. Electronic submissions are
preferred. Payment for the accommodation of non-electronic
documents will be borne by the registered owner or their authorized
agent. An electronic submission is to be made in a Portable
Document Format (PDF). Plans, specifications, documents and
other information are to be legible when printed to scale. Drawings
to be minimum size of 8.5" x 11.0" and shall be complete, fully
dimensioned and to scale. The Chief Building Official may refuse to
accept any plan which in his/her opinion is not drawn to scale and
legible.
5.1.1.2. site plans referenced to a current plan of survey certified by a
registered Ontario Land Surveyor and a copy of such a survey shall
be filed with and retained by the municipality unless this
requirement is waived by the Chief Building Official where, in
his/her opinion, the information provided is sufficient 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, but nothing herein relieves the applicant from conforming to all
applicable law where the Chief Building Official does not require a
plan of survey and a permit is issued. A site plan shall include lot
size and dimensions of the property; setbacks from existing and
proposed buildings to property boundaries and to each other;
existing and finished ground levels or grades; and existing rights of
way, easements, and municipal services.
5.1.2. The Chief Building Official shall determine the number of plans,
specifications, documents, and other information required to be furnished
with an application for permit having regard for the requirements of an Act,
regulation, or bylaw respecting the examination or circulation of the
application.
5.1.3. The granting of a permit, the review of the drawings and specifications or
inspections made by the Chief Building Official or an inspector shall not in
any way relieve the owner of a building from full responsibility for carrying
out the work or having the work carried out in accordance with the
requirements of this By-law, the Act and the Building Code, ensuring that the
occupancy of the building, or any part thereof, is in accordance with the
terms of this By-law and the Building Code.
5.1.4. On completion of construction of a building, the Chief Building Official may
require, at the cost of the contractor, a set of as-constructed plans, including
a plan of survey showing its location, prior to completing a final inspection,
under such conditions as may be prescribed in the Ontario Building Code
Act, Section 7(g), as amended.
5.1.5. Plans and specifications furnished in accordance with this bylaw or
otherwise required by the Act shall become the property of the municipality
and will be retained and disposed of in accordance with relevant legislation.
Section 6 - Permit Revocation and Transfer
6.1. Revocation of Permit:
6.1.1. 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/her last known address and, if on the expiration of thirty (30) days from
the date of such notice, the grounds for revocation continues to exist, the
permit may be revoked without further notice and all submitted plans and
other information may be disposed of.
6.2. Transfer of Permit:
6.2.1. Permits are transferable only upon the new owner of the same property
completing a permit application in accordance with the requirements of
Section 4 of this bylaw and paying the Permit Transfer fee prescribed by the
fees and charges bylaw, subject to approval of the Chief Building Official.
Section 7 - Notice Requirements for Inspections
7.1. With respect to prescribed Notices, article 1.3.5.1 [C] of the Building Code,
the owner or an authorized agent shall notify the Chief Building Official or an
inspector at least two business days prior to all stages of construction listed
in Section 1.3.5.1 [C]
7.2. With respect to "additional notices" under Section 1.3.5.2.[C] of the Building
Code, the owner or an authorized agent shall notify the Chief Building Official
or an inspector at least two business days prior to the following stages of
construction listed in Section 1.3.5.2.(1) [C], (b), (c), (h) and (j) of the Building
Code.
7.3. A notice pursuant to this section is not effective until written or oral notice is
actually received by the Chief Building Official or his/her designate.
Section 8 - Prescribed Forms
8.1. The forms prescribed for use shall be regulated by the Province of Ontario
and the Chief Building Official.
8.2. Applications:
8.2.1. An application for a Permit pursuant to this bylaw shall be made using the
applicable form.
8.3. Other Forms:
8.3.1. The Chief Building Official shall prescribe other forms to implement and
enforce the provisions of the Act, the Building Code, and this bylaw.
Section 9 - Penalty Clause
9.1. Section 36 of the Building Code Act provides that a person is guilty of an
offence under the Building Code Act if a person contravenes the Building
Code Act, or the regulations or this bylaw.
Section 10 - Severability
10.1. Should any section, subsection, clause or provision of this bylaw be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this bylaw as a whole or any part thereof, other than the part so
declared to be invalid.
Section 11 - Repeal Clause and Effective Date
11.1. Repeal:
11.1.1. Bylaw No. 34-2020 and any other bylaws enacted by the municipality that
are inconsistent with the terms of this bylaw are hereby repealed.
11.2. Enactment:
11.2.1. This bylaw shall come into full force on September 1, 2023 at which time all
bylaws, policies and resolutions that are inconsistent with the provisions of
this bylaw are hereby amended or repealed insofar as it is necessary to
give effect to the provisions of this bylaw.
Read a first, second and third time and finally passed this 15th day of August, 2023.
Original signed
Original signed
Mayor Kevin Eccles
Jamie M. Eckenswiller, Clerk
Schedule 'A' to Bylaw 2023-090
Classes of Permits:
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. Plumbing Permits / Sewer Permit
11. Solid Fuel Fireplace / Heating Plant
12. Change of Use Permit
13. Signs
14. Proceeding without a Permit
15. Private Sewage Disposal Systems
16. Tents (over 645 Sq. Ft., 60 m2)
Schedule 'B' to Bylaw 2023-090
Part I - Increase in Required Building Permit Fees
Pursuant to Section 3.3 of bylaw 2023-090, where any construction, demolition or
change in use has commenced prior to permit issuance, the required permit fee shall
be determined as follows:
Required fee + (Required fee to a maximum of $5,000)
This additional fee shall not relieve any person from fully complying with the Act,
Building Code, or other applicable law or from any decision of a court of competent
jurisdiction, from not commencing construction, demolition, or change in use prior to
obtaining a permit as required by this bylaw.
Part II - Refund of Building Permit Fees
1. Pursuant to Section 3.7 of bylaw 2023-090, the fees that may be refunded shall be
a percentage of the fees payable under that bylaw, calculated as follows in regard
to functions undertaken by the municipality:
i.
40% if the permit has been issued but no field inspections have been
performed
ii.
0% if refund is valued at $200 or less, or if any field inspections have been
undertaken.
2. Where a permit is revoked on the grounds that it was issued in error, 100% of the
permit fee shall be refunded.
3. The refund shall be made to the person who paid the fee and who is named on the
receipt, unless such person advises the Chief Building Official in writing to issue a
refund to another person so named.
The Corporation of the Municipality
Of West Grey
Part 1 Provincial Offences Act
Building Code Act
Item
Short Form Wording
Provision Creating
Or Defining Offence
Set Fine
1
Builder - Cause construction of
building without permit
s.8(1)
$500.00
2
Builder - Cause demolition of
building without permit
s.8(1)
$300.00
3
Builder - Construct building
without permit
s.8(1)
$500.00
4
Builder - Demolish building
without permit
s.8(1)
$300.00
5
Property Owner - Cause
construction of building without
permit
s. 8(1)
$250.00
6
Property Owner - Cause
demolition of building without
permit
s.8(1)
$150.00
7
Property Owner - Construct
building without permit
s.8(1)
$250.00
8
Property Owner - Demolish
building without permit
s.8(1)
$150.00
9
Builder - Change plans without
authorization
s.8(12)
$300.00
10
Property Owner - Change plans
without authorization
s.8(12)
$150.00
11
Builder - Construct building not in
accordance with plans
s.8(13)
$300.00
12
Property Owner - Construct
building not in accordance with
plans
s.8(13)
$150.00
13
Builder - Change the use of
building without permit
s.10(1)
$500.00
14
Property Owner - Change the use
of building without permit
s.10(1)
$250.00
15
Builder - Occupy newly erected
building without notice or
inspection
s.11(1)
$500.00
Item
Short Form Wording
Provision Creating
Or Defining Offence
Set Fine
16
Property Owner - Occupy newly
erected building without notice or
inspection
s.11(1)
$250.00
17
Builder - Fail to comply with order
not to cover
s.13(1)
$600.00
18
Builder - Fail to comply with order
to uncover
s.13(6)
$600.00
19
Builder - Fail to comply with stop
work order
s.14(4)
$600.00
20
Builder - Fail to comply with order
to remedy unsafe building
s. 15.9(4)
$600.00
21
Builder - Fail to comply with an
order prohibiting use or
occupancy of unsafe building
s.15.9(6)
$600.00
22
Builder - Hinder of obstruct
person lawfully carrying out
enforcement duties
s.19(1)
$600.00
23
Property Owner - Hinder or
obstruct person lawfully carrying
out enforcement duties
s.19(1)
$400.00
24
Builder - Obstruct or remove
posted order without
authorization
s.20
$500.00
25
Property Owner - Obstruct or
remove posted order without
authorization
s.20
$300.00
26
Builder - Furnish false
information on permit application
s.36(1)(a)
$500.00
27
Property Owner - Furnish false
information on permit application
s.36(1)(a)
$300.00
28
Property Owner - Fail to comply
with an order prohibiting use or
occupancy of unsafe building
s.36(1)(b)
$400.00
29
Property Owner - Fail to comply
with order not to cover
s.36(1)(b)
$400.00
30
Property Owner - Fail to comply
with order to comply
s.36(1)(b)
$400.00
31
Property Owner - Fail to comply
with order to remedy unsafe
building
s.36(1)(b)
$400.00
Item
Short Form Wording
Provision Creating
Or Defining Offence
Set Fine
32
Property Owner - Fail to comply
with order to uncover
s.36(1)(b)
$400.00
33
Property Owner - Fail to comply
with stop work order
s.36(1)(b)
$400.00
34
Builder - Commence demolition
before building vacated
Div C sentence
1.3.1.1.(4) of the
Building Code
$600.00
35
Property Owner - Commence
demolition before building
vacated
Div C sentence
1.3.1.1.(4) of the
Building Code
$300.00
36
Builder - Fail to post permit on
construction site
Div C article 1.3.2.1. of
the Building Code
$300.00
37
Property Owner - Fail to post
permit on construction site
Div C article 1.3.2.1. of
the Building Code
$150.00
38
Builder - Fail to post permit on
demolition site
Div C article 1.3.2.1. of
the Building Code
$300.00
39
Property Owner - Fail to post
permit on demolition site
Div C article 1.3.2.1. of
the Building Code
$150.00
40
Builder - Fail to provide
notification of construction phase
Div C sentence
1.3.5.1.(2) of the
Building Code
$400.00
41
Property Owner - Fail to provide
notification of construction phase
Div C sentence
1.3.5.1.(2) of the
Building Code
$150.00