By-Law 2007-006 - Building By-Law

CORPORATION OF THE MUNICIPALITY OF CALVIN

BY-LAW NO. 2007-006

Being a by-law respecting Construction, Demolition, Change of Use and Applicable Fees and commonly referred to as the “Building By-Law”

WHEREAS Section 7 of the Building Code Act, S.O. 1992, Chapter 23, as amended authorizes Council to pass by-laws respecting construction, demolition and change of use permits and related matters;

AND WHEREAS the Council of the Municipality of Calvin desires to repeal By-law No. 544 & No. 584, as amended and enact a new building by-law for the issuance of permits and related matters, including a fee schedule for all applicable building permit fees;

NOW THEREFORE the Council of The Corporation of the Municipality of Calvin ENACTS AS FOLLOWS:

PART 1 – DEFINITIONS

  1. For the purposes of this By-law, the following definitions and interpretations shall govern:
    1. “Act” means the Building Code Act, 1992, S.O 1992, Chapter 23 as amended;
    2. “applicant” means the owner of a building or property who applies for a permit or the person authorized by the owner to apply for a permit on the owner’s behalf;
    3. “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;
    4. “as constructed plans” means as constructed plans as defined in the Building Code;
    5. “building” means a building as defined in Section 1 (1) of the Act;
    6. “Building Code” means the regulations made under Section 34 of the Act;
    7. “Chief Building Official” means the Chief Building Official appointed by Council under Section 3 of the Act for the purpose of enforcement of the Act;
    8. “construct” means to construct a building as defined in Section 1(1) of the Act;
    9. “Corporation” means the Corporation of the Municipality of Calvin;
    10. “demolish” means to do anything in the removal of a building or any material part thereof as defined in Section 1(1) of the Act;
    11. “forms” means the applicable Provincial or municipal prescribed forms;
    12. “inspector” means an inspector appointed under Section 3 of the Act;
    13. “owner” includes, in respect of the property on which the construction or demolition will take place, the registered owner, a lessee and a mortgagee in possession;
    14. “permit” means written permission or written authorization 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 part of a building or parts thereof as regulated by the Act;
    15. “plumbing” means plumbing as defined in Section 1(1) of the Act;
    16. “professional engineer” means a person who holds a license or a temporary license under the Professional Engineer’s Act;
    17. “registered code agency” means a person or entity that has the qualifications and meets the requirements described in subsection 15.11(4) of the Act;
    18. “regulations” means regulations made under the Act;
    19. “sewage system” means a sewage system as defined in Section 1(1) of the Act;
    20. “work” means construction or demolition of a building or part thereof, as the case may be.
  2. Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code.

PART II – CLASS OF PERMIT

  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.

PART III – PERMIT APPLICATION

  1. To obtain a permit, the owner or an agent authorized in writing by the owner shall file with the Chief Building Official an application in the prescribed form as set out in Schedule “B” to this By-law.

    General Requirements

  2. All applications for a permit, in addition to meeting all other application requirements set out in this By-law, shall:
    1. identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made;
    2. identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended;
    3. include the legal description, the municipal address and where appropriate the unit number of the land on which the work is to be done;
    4. be accompanied by plans and specifications as described in Schedule “C” to this By-law;
    5. be accompanied by the required fees as calculated in accordance with Schedule “A” to this By-law;
    6. be accompanied by the completed “Listing of Applicable Law” form in accordance with Schedule “B” to this By-law;
    7. state the name, address and telephone number of the owner, and where the owner is not the applicant, the authorized agent, and where applicable, the qualified architect, engineer or other designer and the constructor or person hired to carry out the construction or demolition, as the case may be;
    8. when Division C Section 1.2 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on the prescribed form that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building;
    9. when Division C Section 1.2 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on the form prescribed, undertaking to provide general review of the construction or demolition of the building;
    10. include, where applicable, the applicant’s registration number where an applicant is a builder or vendor as defined in the Ontario New Home Warranties Plan Act; and
    11. be signed by the owner or authorized agent who shall certify as to the truth of the contents of the application.
  3. In addition to the general requirements set out above, an application for a construction permit shall:
    1. use the provincial application form, “Application for a Permit to Construct or Demolish”;
    2. include complete plans and specifications, documents and other information as required by Division C Article 1.3.1.3 of the Building Code and as described in this By-law for the work covered by the permit.
  4. In addition to the general requirements set out above, an application for a construction permit for part of a building shall:
    1. use the provincial application form, “Application for a Permit to Construct or Demolish”;
    2. include plans and specifications covering the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official;
    3. be accompanied by the required fee for the entire project and required administrative fee for the partial permit as calculated in accordance with Schedule “A” to this By-law; and
    4. where a partial permit is requested the application is deemed to be incomplete.
  5. In addition to the general requirements set out above, an application for a demolition permit shall:
    1. use the provincial application form, “Application for a Permit to Construct or Demolish”;
    2. when Division C Section 1.2 of the Building Code applies, be accompanied by a signed statement of field review by the owner on a form prescribed by the Chief Building Official;
    3. include complete plans and specifications, documents and other information as required by Division C Article 1.3.1.3 of the Building Code and as described in this By-law for the work to be covered by the permit;
    4. be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the cutting off and plugging of all water, sewer, gas, electric, telephone or other utilities and services; and
    5. be accompanied by a Property Status Form prescribed by the Chief Building Official and;
    6. indicate method of demolition.
  6. In addition to the general requirements set out above, an application for a conditional permit pursuant to subsection 8(3) of the Act, shall:
    1. use the provincial application form, “Application for a Permit to Construct or Demolish”;
    2. include complete plans and specifications, documents and other information as required by Division C Article 1.3.1.3 of the Building Code and as described in this By-law for the work to be covered by the permit;
    3. state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted;
    4. state the necessary approval which must be obtained in respect of the proposed building and the time in which such approvals will be obtained;
    5. state the time in which plans and specifications of the complete building will be filed with the Chief Building Official; and
    6. require the owner and such other persons as the Chief Building Official determines to enter into an agreement with the municipality.
  7. In addition to the general requirements set out above, an application for a change of use permit shall:
    1. use the application form in Schedule “B” to this By-law, “Application for a Change of Use”;
    2. describe the building in which the use is to be changed, by a description that will readily identify and locate the building;
    3. identify and describe in detail the current and proposed uses of the building or part of a building for which the application is made;
    4. include plans and specifications showing 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, ceiling and roof assemblies identifying required fire resistance rating and load bearing capacities and, details of the existing “sewage system”, if any.
  8. An application for occupancy of an unfinished building permit pursuant to Division C Subsection 1.3.3 of the Building Code;
    1. use the application form in “Application for Permit to Occupy a Building Prior to Completion”;
    2. indicate the total floor area proposed for occupancy;
    3. indicate the total number and location of units proposed for occupancy; and
    4. be signed by the owner or authorized agent who shall certify the truth of the contents of the application.
  9. 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 be given in writing, to the Chief Building Official together with the details of such change, which is not to be made without the prior written authorization of the Chief Building Official.
  10. Notification of any material change may be in the form of an application for revision to a permit where changes are major and a revision permit may be issued.
  11. The Chief Building Official may, where the relevant provisions of this By-law are met, issue a permit for part of a building subject to compliance with the Act, the Building Code and any other applicable law.
  12. The Chief Building Official may, where the relevant provisions of this By-law and Subsections 8(3) to 8(5) of the Act, are met, issue a conditional permit for a building subject to compliance with the Act, the Building Code and any other applicable law.
  13. The Chief Building Official is authorized to enter into agreements with respect to conditional permits.
  14. The issuance of a permit for a part of a building or a conditional permit shall not be construed to authorize construction beyond that for which approval was given nor obligate the Chief Building Official to grant any further permit or permits for the building.
  15. Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant.
  16. Where an applicant has been deemed to be abandoned, a new application must be filed for the proposed work.

PART IV – PLANS AND SPECIFICATIONS

  1. Every applicant shall submit sufficient information, including plans, specifications, documents and other information, 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.
  2. Each application shall, unless otherwise determine by the Chief Building Official, be accompanied by two complete sets of plans and specifications required under this By-law.
  3. Plans shall be drawn to scale on paper or other durable material, shall be legible and, without being limited to the generality of the foregoing, shall include such working drawings as set out in Schedule “C” to this By-law.
  4. Site Plans submitted shall be referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work is in compliance with the Act, the Building Code, and any other applicable law.  The site plan shall show:
    1. lot size and the dimensions of property lines and setbacks to any existing or proposed buildings;
    2. existing and finished ground levels or grades; and
    3. existing right-of-way, easements and municipal services.
  5. The Chief Building Official may refuse an application if any of the above is deemed to be incomplete or insufficient at the time of application.
  6. On completion of the construction, the Chief Building Official may require that a set of plans of the building or any class of buildings as constructed including a plan of survey showing the location, be filed with the Chief Building Official.

PART V – EQUIVALENTS

  1. Where an application for a permit or for authorization to make a material change to the 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 application shall provide:
    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; and
    3. evidence that the proposed material, system or building design will provide the level of performance required by the Building Code.
  2. Such information may be provided by incorporation in the permit application or in the prescribed form “Equivalent Evaluation and Authorization”.

PART VI – PRESCRIBED NOTICES AND INSPECTIONS

  1. The person to whom a permit has been issued under Section 8 of the Act shall give to the Chief Building Official notice of the readiness for inspection in accordance with prescribed notices described in Division C Article 1.3.5.1 of theBuilding Code.  These mandatory notification stages and inspections are included with the Building Permit.
  2. Notices shall be given as required by Division C, Article 1.3.5.1 of the Building Code.

PART VII – REGISTERED CODE AGENCIES

  1. Where the Municipality has entered into agreements with registered code agencies the Chief Building Official is authorized to enter into services agreements with registered code agencies and appoint them to perform specified functions from time to time pursuant to s. 4.1 of the Act.

PART VII – FEES

  1. The Chief Building Official shall determine the required fees for the work proposed and the applicant shall pay the fees calculated in accordance with Schedule “A” to this By-law.  No permit shall be issued until the fees therefore have been paid in full.
  2. Where 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 issued under Subsection 8(3) of the Act are based on a floor area, the floor area shall mean the total floor space of all stories above grade, or below grade for an underground building, measured as the horizontal area between the outer face of exterior walls and to the centre of party walls or demising walls.
  3. Fees payable in respect of a conditional permit issued under Subsection 8(3) of the Act shall be paid for the complete project plus the applicable additional fee in accordance with Schedule “A” to this By-law.
  4. Where Fees payable in respect of an application for a change of use permit issued under Subsection 10(1) of the Act are based on a floor area, the floor area shall mean the total floor space of all stories subject to the change of use.

PART IX – CHANGING PERMIT FEES

  1. Prior to passing a By-law to change the fees the Municipality shall:
    1. hold at least one public meeting at which any person who attends has an opportunity to make representations with respect to the matter;
    2. ensure that a minimum of 21 days notice of the public meeting is given to every person and organization that has, within five years before the day of the meeting, requested such notice; and
    3. ensure that the notice include an estimate of the costs for administering and enforcing the Act, the amount of the fee and change to the existing fee and the rationale for imposing or changing the fee.
  2. Any person or organization wishing to receive notice as set out above should make such request in writing to the Clerk’s office.

PART X – REFUNDS

  1. In the case of withdrawal of an application or, abandonment of all or a portion of the work or, the non- commencement of the work or, the refusal or revocation of a permit, upon written request by the applicant 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 “D” to this By-law.

PART XI – FENCING

  1. Where, in the opinion of the Chief Building Official, a construction or demolition site presents a particular hazard to the public, the Chief Building Official may, under clauses 7(i) and 7(j) of the Act, require the erection of such fencing as the Chief Building Official deems necessary to abate that hazard.
  2. The height of every fence shall be a minimum of 4 feet (1.2 meters) and a maximum of 6 feet (1.8 meters), to be measured from the highest adjacent grade and, shall be of a description as determined by the Chief Building Official.

PART XII – TRANSFER OF PERMITS

  1. Every person who acquires land on which construction or demolition is occurring in respect of which a permit has been issued, shall apply to transfer the permit.
  2. Every application for a transfer of permit shall be submitted to the Chief Building Official and shall:
    1. use the provincial application form, “Application for a Permit to Construct or Demolish”;
    2. include such information as may be determined by the Chief Building Official; and
    3. be accompanied by the required fee as required in Schedule “A” to this By-law.

**** PART XIII – PENALTY

  1. Every person who contravenes any provision of this By-law is guilty of an offence and liable:
    1. on a first conviction to a fine of not more than $ 25,000 and
    2. on any subsequent conviction, to a fine of not more than $ 50,000.
  2. Where the person convicted is a corporation, the maximum fines are $ 50,000 on a first offence and $ 100,000 for any subsequent conviction.

PART XIV – MISCELLANEOUS

  1. All Schedules to this By-law form part of this By-law.
  2. A reference to the singular or the masculine shall be deemed to refer to the plural or feminine as the context may require.

PART XV – REPEAL

  1. By-law No. 544 and No. 584 as amended, are hereby repealed.

PART XVI – SHORT TITLE

  1. This By-law shall be known and may be cited as the “Building By-law”.

PART XVII – EFFECTIVE DATE

  1. This By-law comes into force the 13th day of March 2007.

ENACTED AND PASSED THIS  13th day of March 2007.