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The Corporation of the Municipality of Whitestone
By-Law No. 32-2015
Being a by-law to govern construction, demolition,
change of use permits, fees and inspections
WHEREAS Section 7 of the Building Code Act, 1992, R.S.O. 1992 c.23, as amended,
empowers Council to pass certain by-laws respecting construction, demolition, change of
use, conditional permits and inspections;
NOW THEREFORE the Council of The Corporation of the Municipality of Whitestone
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
"As Constructed Plans" means as constructed plans as defined in
the Building Code.
2.1.3
"Building" means a building as defined in Section 1 (1) of the Act.
2.1.4 "Building Area" means the greatest horizontal area of a building
within the outside surface of the exterior walls.
2.1.5
"Building Code" means the Regulations made under Section 34 of
the Act.
2.1.6
"Chief Building Official" means the Chief Building Official
appointed by the By-Law by the Corporation of The Municipality
of Whitestone for the purposes of enforcement of the Act.
2.1. 7 "Corporation" means the Corporation of the Municipality of
Whitestone.
2.1.8
"Farm Building" means a farm building as defined in the
Building Code.
2.1.9
"Permit" means written permission or written authorization from
the Chief Building Official to perform work regulated by this By-
law and the Act.
2.1.10 "Plumbing" means plumbing as defined in section 1 (1) of the act.
2.1.11 "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.
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 Schedule 'A' to
this By-law.
4.
REQUIREMENTS FOR APPLICATIONS
4.1
The Application
To obtain a permit, the owner or an agent authorized in writing by the
owner shall file an application with the applicable fee 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 Identify and describe in detail the work and the occupancy
to be covered by the permit for which the application is
made.
4.1.1.2 Describe the land on which the work is to be done, by a
description that will readily identify and locate the building
lot.
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.
4.1.1.3 State the valuation of the proposed work including
materials and labour and be accompanied by the required
fee.
4.1 .1.4 State the names, addresses and telephone numbers of the
owner and of the architect or engineer, where applicable, or
other designer or contractor.
4.1.1.5 Be accompanied by a written acknowledgement of the
owner that he/she 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 .1.6 Be signed by the owner or his/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 Contain the information required by clauses 4.1 .1. l to
4.1.1.6 and,
4.1.2.2 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 and other utilities and services.
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 Contain the information required by clauses 4.1.1.1 to
4.1.1.6.
4.1.3 .2 Contain such other information, plans and specifications
concerning the complete project as the Chief Building
Official may require.
4. I. 3. 3 State the reasons why the applicant believes that
unreasonable ,delays in construction would occur if a
conditional permit is not granted.
4.1.3.4 State the necessary approvals, which must be obtained in
respect of the proposed building and the time in which such
approvals will be obtained.
4.1.3.5 State the time in which plans and specifications of the
complete building will be filed with the Chief Building
Official.
4.2
CHANGE OF USE PERMITS
4.2.1
Every application for a change of use permit issued under
Subsection 10(1) of the Act shall be submitted to the Chief
Building Official and shall,
4.2.1.1 Describe the building in which the occupancy is to be
changed, by a description that will readily identify and
locate the building.
4.2.1.2 Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which
the application is made.
4.2.1.3 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.
4.2.1.4 Be accompanied by the required fee.
4.2.1.5 State the name, address and telephone number of the owner
and,
4.2.1.6 Be signed by the owner or his or her authorized agent who
shall certify the truth of the contents of the application.
4.3
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 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;
4.3.1
a description of the proposed material, system or building design
for which authorization under section 9 of the Act is requested.
4.3.2
any applicable provisions of the Building Code.
4.3.3
evidence that the proposed material, system or building design will
provide the level of performance required by the Building Code.
4.4
PLANS AND SPECIFICATIONS
4.4.1
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.
4.4.2
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
be made without the written authorization of the Chief Building
Official
4.4.3
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.
4.4.4
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" of this By-law, unless otherwise specified by the
Chief Building Official.
4.4.5. Site plan agreements shall accompany the application if applicable.
4.4.6. Site plans shall be accurately drawn to scale, and when 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 show:
4.4.6.1 Lot Size and the dimensions of the property lines and
setbacks to any existing or proposed buildings,
4.4.6.2 Existing and finished ground levels or grades,
4.4.6.3 Existing rights-of-way, easements and municipal services.
4.4.7. Verification by and Ontario Land Surveyor of By-law Compliance
may be required before proceeding past foundation state, if
required by the Chief Building Official.
5.
PAYMENT OF FEES
5.1
Fees for a required permit shall be as set out in the Fees or Charges By-
Law 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 of
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 purposed 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.
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 "C"
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 fee.
7.
NOTICE OF REQUIREMENTS FOR INSPECTIONS
7.1
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 under the Building Code. In addition to the
prescribed notice contained in 2.4.5 .1. of the Building Code, notice of any
solid fueled fired appliance rough in and notice of the final inspection
detailed in clauses 2.4.5.2.(1) and 2.4.5.2.(l)(i)ofthe Building Code is also
required.
7.2
Notice may be given in one of the following ways;
7.2.1
Phone message at (705) 389-2466
7.2.2 Fax at (705) 389-1855
7 .2.3
In person at the Building Department at the Municipal Office.
7.2.4 Email at [email protected]
8.
AS CONSTRUCTED PLANS
8.1
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.
9.
REPEAL OF BY-LAWS
9.1
By-laws 30-2005 and 35-2006 of the Corporation of the Municipality of
Whitestone are hereby repealed.
The Corporation of the Municipality of Whitestone
Schedule "B" to By-Law No. 32-2015
List of Plans or Working Drawings to Accompany Applications for Permits
Drawings shall include the following information and if applicable any additional
drawings and specifications pertinent to the proposed project:
1.
A site (plot) plan or recent survey bearing the signature of the person that
prepared the same and which shows the lot size, uses and sizes of all existing
buildings, and shortest distances of the proposed building to the lot lines, road
allowances, high water marks and easements as applicable.
2.
Scale drawings of the floor plans showing the size and use of all rooms and floor
areas and the overall dimensions of the building including structural component
sizes.
3.
A scale drawing of the foundation plan showing the size and use of all rooms and
floor areas and the overall dimensions of the building including structural
component sizes, spacing of piers, posts, columns, etc.
4.
Scale drawings of the building framing.
5.
Scale drawings of the roof plans.
6.
Scale drawings of a cross-section of the proposed building from ground level to
the peak of the roof.
7.
Scale drawings of the building elevations.
8.
Scale drawings of structural, mechanical, fire protection and alarm systems for
proposed building.
9.
A scale drawing of the electrical layout.
10.
Heating, ventilating and air conditioning drawings.
11.
Plumbing drawings.
12.
A written specification in respect of all materials for the proposed building which
is governed by the regulation under the act.
13.
Written permission or a valid Certificate of approval issued by the Ministry of
Environment in respect of the waste disposal system which will service the
proposed buildings if the flows on the property are greater than the 10,000 litres
per day. A sewage disposal permit from North Bay-Mattawa Conservation
Authority is required if the flows on the property are less than 10,000 litres per
day.
14.
Written approval from the Ministry ofNatural Resources and/or Department of
Fisheries and Oceans where the proposed building is on Crown lake bed.
15.
Written approval or appropriate permit from any government agency, which is
required for the class of permit sought.
Note: The Chief Building Official may specify that not all of the above mentioned
plans are required to accompany an application for permit.
THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE
Schedule "C" to By-Law No. 32-2015
REFUNDS
Status of Permit Application
Percentage of Fee for Refund
1. Application filed.
No processing or review of plans submitted.
75%maximum
2. Application filed.
Plans reviewed and permit issued.
50%maximum
Note:
1. No refunds after any building inspections are carried out.
2. No refund shall result in the retention by the Municipality of Whitestone of an
amount less than $100.00
3. No refund will be given when application for refund is not made within twelve
(12) months of issuance of permits.
4. No refund of the "cost" portion of any permit will be made.
THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE
Schedule "D" to By-Law No. 32-2015
CODE OF CONDUCT FOR BUILDING OFFICIALS
Preamble
The Code of Conduct applies to the Chief Building Official and inspectors appointed
under the Building Code Act in the exercise of a power or the performance of a duty
under the Building Code Act or the Building Code.
The purpose of this Code is to promote appropriate standards of behaviour and
enforcement actions to ensure building officials apply standards of honesty and integrity,
and to prevent practices constituting an abuse of power including unethical or illegal
practices.
Standards of Conduct
Building Official undertake to:
1.
Always act in the public interest, particularly with regard to the safety of
building works and structures.
2.
Not to act where there may be or where there may reasonably appear to be a
conflict between their duties to their employer, their profession, their peers
and the pubic at large and their personal interests.
3.
Apply all relevant building by-laws, codes and standards appropriately and
without favour.
4.
Apply all relevant building by-laws, codes and standards appropriately and
without favour.
5.
At all times abide by the highest moral and ethical standards and avoid any
conduct, which could bring or tend to bring Building Officials to disrepute.
6.
Comply with the provision of the Building Code Act, the Ontario Building
Code and other Acts or Laws which regulate or govern Building Officials of
their functions.
7.
Not to act beyond their personal level of competence or outside their area of
expertise.
8.
Maintain their knowledge and understanding of the best current building
practices, the building laws and Codes relevant to their inspection and plan
examination function.
9.
Extend professional courtesy to all.
Breaches of the Code of Conduct
The Ontario Building Code Act provides that the performance of Building Officials will
be measured against this Code of Conduct. The Municipal administration will review any
allegation brought forward that the Code of Conduct has been breached. Disciplinary
action arising from violations of this Code of Conduct is the responsibility of the
Municipal employer and will be based on the severity and frequency of the violations in
accordance with relevant employment standards.