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THE CORPORATION OF THE TOWNSHIP OF WOLLASTON
BY-LAW NO: 47 - 2020
Being a By-Law respecting Building Permit Classes, Applications,
Fees and Notices Required for Inspection
WHEREAS Section 7 of The Building Code Act, 1992, as amended, authorizes a
Municipal Council to pass by-laws concerning the issuance of permits and related
matters.
AND WHEREAS this By-law may be cited as the "Building By-law",
AND WHEREAS the Council of each municipality is responsible for the enforcement of
this Act in the municipality;
NOW THEREFORE BE IT ENACTED as a by-law of the Council of the Corporation of
the Township of Wollaston, as follows:
1.
Definitions
In addition to those definitions found in the Ontario Building Code Act the
following definitions shall apply for the purpose of this by-law:
"Act" means the Building Code Act, 1992, S.O. c.23 as amended thereto;
"As Constructed Plans" means plans as defined in the Building Code;
"Building" means a building as defined in Section 1(1) of the Building Code;
"Building Code" means the regulation made under Section 34 of the Act;
"Chief Building Official" means the Chief Building Official appointed by
Council under Section 3 of the Act;
"Corporation" means the Corporation of the Township of Wollaston;
"Construct" means to do anything in the erection, installation, extension or
material alteration or repair of a building and includes the installation of a
building unit fabricated or moved from elsewhere and "construction" has a
corresponding meaning
"Demolish" means to do anything in the removal of a building or any material
part thereof and "demolition" has a corresponding meaning
"Farm building" means a building or part thereof which does not contain
a residential occupancy and which is associated with and located on land
devoted to the practice of farming and use essentially for the housing of
equipment or livestock, or the production, storage or processing of agricultural
and horticultural produce or feeds. According to Appendix A of the consolidated
OBC, farm buildings include, but are not limited, to:
a) produce storage and packing facilities
b) livestock and poultry housing
c) milking centres
d) manure storage facilities
e) grain bins, silos & feed preparation areas
f) farm workshops
g) greenhouses
h) farm retail centres
i) horse riding, exercising and training facilities
"Inspector" means an inspector appointed under Subsection 3(2) of the Act;
"Municipality" means the Corporation of the Township of Wollaston;
"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
change the use of a building or occupy a building or part of a building regulated
by the Act;
"Plumbing" means plumbing as defined in Section 1(1) of the Act;
"Principal Authority" means the Council of the municipality.
"Sewage system" means,
a) a chemical toilet, an incinerating toilet, an earth pit privy, a pail privy, a privy
vault and a recirculating toilet, a self-contained portable toilet and all forms of
privy including a portable privy, a composting toilet system,
b) a greywater system,
c) a cesspool,
d) a leaching bed system, or
e) a system which requires or uses a holding tank for the retention of hauled
sewage at the site where it is produced prior to its collection by a hauled
sewage system,
f) where these have a design capacity of 10,000 Litres per day or less,
have, in total, a design capacity of 10,000 Litres per day or less
g) where more than one of these is located on a lot or parcel of land and are
located wholly within the boundaries of the lot or parcel of land on which is
located the building which they serve.
"Septic tank" means a watertight vault in which sanitary sewage is collected
for the purpose of removing scum, grease and solids from the liquid without the
addition of air and where solids settling, and anaerobic digestion of the sanitary
sewage takes place.
2.
Classes of Permits
The classes of permits prescribed by Council to be used in the municipality with
respect to the construction, demolition and change of use of buildings and the
prescribed permit fees shall be set out in Schedule "A" to this by-law.
3.
Administrative Procedures Relating to Permits
3.1
Revisions to Permit
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 given in writing, to the Chief Building Official
together with the details of such change, which is not to be made without his or
her written authorization.
3.2 Partial Permits
When, in order to expedite work, approval of a portion of the building or project
is desired prior to the issuance of a permit for the complete building or project,
application shall be made, and fees paid as per Schedule "A". Complete plans
and specifications covering the portion of the work for which immediate approval
is desired shall be filed with the Chief Building Official.
Where a permit is issued for part of a building or project, this shall not be
construed to authorize construction beyond the plans for which approval was
given nor, that approval will necessarily be granted for the entire building or
project.
3.3
Revocation of Permits
Subject to provisions outlined in Subsection 8(10) of the Act, the Chief Building
Official, has the authority to revoke a permit issued under the Act.
4.
Application Requirements for Building, Demolition, Conditional and
Change of Use Permits
All applications for building permits shall be made in the prescribed provincial
permit application form and bear the signature of the landowner or his/her
agent. His/her agent does require authorization from the owner to act on their
behalf.
The prescribed form is available at the offices of the municipality or from the
Building Code website <www.obc.mah.gov.on.ca>.
Every applicant shall submit 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, the
Building Code, and any other applicable law. The Chief Building Official shall
determine the number of copies of plan, specifications, documents and other
information required to be furnished with an application for Permit having regard
for the requirements of any Act, regulation or by-law respecting the examination
or circulation of the application.
All site plans submitted as part of an application for a Permit must be referenced
to and accompanied by, a current plan of survey certified by a registered Ontario
Land Surveyor. This requirement may be waived by the Chief Building Official if
he 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 plans must include
a) lot size and dimensions of the property;
b) setbacks from existing and proposed buildings to property boundaries
and to each other
c) existing and proposed ground levels or grades, elevations of proposed
footings and tops of foundations
d) existing rights of way, easements and municipal services
4.1
Demolition Permits
All applications for such permits shall be submitted to the Chief Building Official
and contain the following information:
a) be accompanied by satisfactory proof that arrangements have been made
with the proper authorities for the termination and capping of all the
water, sewer, electric, telephone or other utilities and services; and
b) include complete plans and specifications, documents and other
information as described in this by-law for the work to be covered by the
permit.
4.2
Conditional Permits
All applications for such permits shall be submitted to the Chief Building Official
and shall contain the following information:
a) a written statement from the applicant explaining the reasons why the
applicant believes that unreasonable delays in construction would occur if
a Conditional Permit is not granted;
b) a written acknowledgement from the applicant of the necessary approvals
which must be obtained in respect of the proposed construction and the
time period in which such approvals are proposed by the applicant; and,
c) a written agreement, between the applicant and the Chief Building
Official, executed by the applicant, the owner and all other persons that
the Chief Building Official considers appropriate for the purposes set out in
clause 8(3)(c) of the Act;
4.3
Change of Use Permits
A Change of Use Permit is a permit respecting a change in use of a building or
part of a building which results in an increase in hazard as determined by the
Chief Building Official in accordance with the Building Code.
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 must:
a) describe the building or part of a building in which the use is to be
changed, by a description that will readily identify and locate the building;
b) identify and describe in detail the existing and proposed use of the
building or parts of the building in which the application for a Permit is
made;
c) include plans and specifications which show the current and proposed use
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;
d) be accompanied by the required fee;
e) state the name and address and telephone number of the Owner,
f) be signed by the Owner or his or her authorized agent, who shall attest or
affirm the truth of the contents of the application.
4.4
As Constructed Plans
The Chief Building Official may require that a set of as constructed plans of a
building or any class of buildings be filed with the Chief Building Official on
completion of construction under such conditions as may be prescribed in the
Building code.
4.5
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 applicant shall
provide the following information to the Chief Building Official:
a) description of the proposed material, system or building design for which
authorization under Section 9 of the Act is requested;
b) any applicable provisions of the Building Code;
c) evidence that the proposed material, system or building design will
provide the level of performance require by the Building Code.
The permit shall indicate whether the Chief Building Official has allowed the use
of the proposed material, system or building design and if allowed the reasons
why the Chief Building Official was of the opinion that the material, system or
building design will provide the level of performance required by the Building
Code.
4.6
Prescribed Forms
The forms prescribed for use as applications for permits, for orders and for
inspection reports shall be as set out in the Act.
5.
Registered Code Agencies
Under Section 4.1(1) of the Act, the Municipality may enter into agreements with
registered code agencies authorizing the agency to perform the functions
specified in the agreement in respect of the construction of any building or class
of building specified in the agreement.
The Municipality may appoint the agency to perform specified functions in
respect of the construction of a building or class of buildings.
The Municipality may delegate, in writing, to the Chief Building Official, the
authority to make appointments described above, and may impose conditions or
restrictions with respect to the delegation.
An appointment of a registered code agency may authorize the agency to
perform all of the applicable functions described in Section 15.15 of the Act:
a) before a permit is issued under Section 8 of the Act;
b) after a permit is issued under Section 8 of the Act; or
c) both before and after a permit is issued under Section 8 of the Act.
The Municipality that appoints a registered code agency shall give the director of
Ministry of Municipal Affairs and Housing such information as may be prescribed
by the Ontario Building Code.
6.
Permit Fees
6.1
The fees payable for the various classes of permits shall be those set out in
Schedule "A" attached and are due upon submission of an application for a
Permit
6.2
Transfer of Permits requires fees as per Schedule "A" attached and new owners
must assume all responsibility for the ownership of the property.
7.
Refund of Fees
Where there is a request from the permit holder for refund of the permit fee due
to non-commencement or abandonment of work, 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.
8.
Notice Requirements for Inspections
8.1
Time Frame for Mandatory Inspection after Notice is given
The person to whom a permit is issued under Section 8 of the Act shall notify the
Chief Building Official or, where a registered code agency is appointed under the
Act in respect of the construction which the notice related, at least two (2)
working days prior to covering any stage of construction as specified in
subsection 2.4.5.1 of the regulations made under the Building Code Act.
The time periods exclude Saturdays, Sundays, holidays and all other days when
the offices of the principal authority are not open for the transaction of business
with the public.
8.2
Additional Notices
The principal authority requires additional notices as specified in Subsection
2.4.5.2 of the regulations as follows;
a) commencement of construction of:
- masonry fireplaces and masonry chimneys,
- factor-built fireplaces and allied chimneys,
- stoves, ranges, space heaters and add-on furnaces using
solid fuels and allied chimneys.
b) completion and availability of drawings of the building as constructed
9.
Penalty
Under clause 36(1) of the Act, contravention of a by-law passed under the Act
constitutes an offence. Subsection 36(3)-(5) of the Act provides penalties for this
offence.
10.
This by-law shall come into force and take effect on the day of the final passing
thereof.
11.
Any other By-Laws, resolutions or actions of the Council that are inconsistent
with the provisions of this By-Law be and are hereby repealed and rescinded.
This By-Law shall be deemed to have come into force on the day of passing hereof.
PASSED THIS
day of
, 2020.
_________
____________
MAYOR: BARBARA SHAW
_________
_____________
CLERK: BERNICE CROCKER
THE CORPORATION OF THE TOWNSHIP OF WOLLASTON
Schedule "A"
1.
Class of Building or Structure
Cost per Square Foot
Residential Buildings/Seasonal
$1.00 per sq. ft. per floor
Dwellings, Guest & Additions
$0.80 per sq. ft. of
Basement Area
Demolition Permit
$200.00
Farm/Commercial/Industrial
$0.60 per sq. ft. per floor
Garages, Decks, Porches, Accessory
$0.50 per sq. ft. per floor
And Detached Buildings
Renovations
$150.00 + 2%
(2% of value, based on $50.00 per sq.
construction value
ft. for value or builders' value which
ever is higher "on all projects")
MINIMUM BUILDING PERMIT FEE
$150.00
Change of Use
$200.00
(Where no construction is carried out)
Plumbing
$100.00 plus $10.00 per
fixture
Wood Burning Stoves &
$150.00
Chimney Installation
Swimming Pools
$150.00
(Private or Public in-ground only)
Solar Panels (Roof Mounts only)
$100.00 + $10.00 per
$1,000.00 of value or any
part there-of
Sewage System
a) Class 2 System (grey water)
$600.00
b) Class 3 System (cesspool)
$600.00
c) Class 4, 5 System daily flow
$600.00
not > 4500 Litres
d) Class 4, 5 System daily flow
$600.00
4500 liters to 10,000 liters
e) Repair to Sewage System
$300.00
Construction Started Without Permit
$400.00
Requested Inspection or Re-inspection
$100.00
Fee (Work not completed for inspection)
Communications Towers, Wind Turbine,
$100.00 + 2% of Value
Walls, etc.
Administration Fee (review application
$150.00
for completion)
Building Permit Renewal
$150.00
Refundable Deposit
$350.00
(On New Residential Project over
$50,000.00 in value)
Occupancy Permit
$150.00
REFUNDS
Status of Permit Application
Percentage of Fees Eligible for
Refund
1. Application filed.
No processing or review of plans
Submitted
90
2. Application filed.
Plans reviewed and permit issued
60
3. Additional deduction for each field
Inspection that has been performed.
5
4. Flat rate or basic fee permits.
0