THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO

Transcription

1 1 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO As Amended by By-law , By-law , By-law and By-law BEING A BY-LAW RESPECTING CONSTRUCTING, DEMOLITION AND CHANGE OF USE PERMITS AND INSPECTIONS WHEREAS Section 7 of the Building code Act, S.O. 1992, c.23 provides that Municipalities may pass By-laws respecting construction, demolition and change of use permits and inspections; AND WHEREAS the Council for the Corporation of the County of Prince Edward considers it necessary and advisable to enact such a By-law; NOW THEREFORE the Council for the Corporation of the County of Prince Edward enacts as follows: 1. SHORT TITLE This By-law may be cited as the Building By-law 2. LAND SUBJECT TO BY-LAW The provisions of this by-law shall apply to all lands located within the boundaries of the Corporation of the County of Prince Edward. 3. SCHEDULES TO THE BY-LAW The following schedules which are attached to this By-law are intended to form part of this By-law: SCHEDULE A : SCHEDULE B : Classes of Permits and Permit Fees Administration Fees SCHEDULE C : Refund of Fees Removed by By-law SCHEDULE D : SCHEDULE E : SCHEDULE F SCHEDULE G SCHEDULE H SCHEDULE I SCHEDULE J SCHEDULE K SCHEDULE L Permit Application Order to Comply Order Not to Cover or Enclose Order Requiring Tests and Samples Order to Uncover Stop Work Order Certificate of Appointment Code of Conduct Sewage System Permit Application

2 2 4. DEFINITIONS (1) In this By-law, a) Act means the Building Code Act, S.O. 1992, c.23 including any amendments thereto; b) Agent means a person authorized in writing by an owner to act on behalf of the owner in making an Application pursuant to the By-law; c) Building means: (i) (ii) (iii) (iv) (v) a structure occupying an area greater than 10 square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto; a structure occupying an area of 10 square metres or less that contains plumbing, including the plumbing appurtenant thereto; plumbing not located in a structure; a sewage system; or structures designated in the Building Code. d) Building Code means the regulations made pursuant to Section 34 of the Act; e) Building Inspector means an inspector as appointed by By-law by Council for the Municipality for the purposes of enforcement of the Act and the Building Code; f) Chief Building Official means a Chief Building Official appointed by By-law by Council of the Municipality under Section 3 of the Act; g) Complete Demolition shall include the entire structure or building being demolished, a partial demolition shall not constitute a complete demolition. (Included new definition as per by By-law ) h) 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; i) Cover All Building means a building that does not have any exterior cladding on exterior walls or has an exterior cladding on exterior walls that consists of materials such as canvas, plastic or similar materials and that is used for storage or shelter for goods, chattels, tools, equipment, merchandise, machinery, farm supplies, farm produce, hay, straw or animals; j) Demolish means to do anything in the removal of a building or any material part thereof and demolition has a corresponding meaning; k) Deputy Chief Building Official mean a Deputy Chief Building Official appointed by By-law by Council of the Municipality under Section 2 of the Act; l) Municipality means the Corporation of the County of Prince Edward;

3 3 m) Owner means the person whose name appears on the deed or transfer registered in the Registry Office for the County of Prince Edward for the land in respect of which an Application is made pursuant to this By-law; n) Permit means the written permission or written authorization from the Chief Building Official to proceed with work that is regulated by this By-law, the Building Code or the Act and includes the following classes of permits: (i) Building Permit: Permit issued pursuant to Section 8 (1) of the Act for the construction of any building or structure; (ii) Demolition Permit: Permit issued pursuant to Section 8 (1) of the Act for the demolition of any building or structure; (iii) Change of Use Permit: Permit issued pursuant to Section 10 of the Act for any change in the occupancy of a building or structure; (iv) Conditional Permit: Permit issued pursuant to Section 8 (3) of the Act permitting the construction of a stage or stages of a building or structure subject to the conditions set out in the permit; (v) (vi) Sewage System Permit: Permit issued pursuant to Part VIII of the Building Code for the installation of private sewage systems having a capacity of up to 10,000 litres per day; Swimming Pool Permit: A permit issued pursuant to the Municipal Act for the construction, assembly and installation of a private outdoor swimming pool. o) Subject Lands means the lands upon which a building that forms the subject matter of an Application for a Permit is located or will be located; p) Zoning By-law means the comprehensive zoning By-law of the Municipality or former Municipalities that comprise the present Municipality passed pursuant to the provisions of Section 34 of the Planning Act, R.S.O., 1990, c.p-13 or its predecessor provisions; (2) Any word or term that is used in this By-law and that is defined in the Act or the Building Code shall have the same meaning in this By-law as its definition in the Act or the Building code unless otherwise provided in this By-law. 5. APPLICATION FOR PERMITS: (1) No person shall: (a) (b) (c) (d) (e) (f) construct or cause to be constructed any building or structure; demolish or cause to be demolished any building or structure; change the major use or occupancy of a building or structure; commence construction on any stage of any building or structure; install any sewage system; or construct, assemble or install any private outdoor swimming pool without having first applied for and obtained the permit as required by this By-law for such purpose from the Chief Building Official. (2) No person shall take any of the steps or actions referred to in subsection 5 (1) above except in accordance with the plans, specifications, documents and other information which were included in the application pursuant to which the permit was issued

4 4 or any changes or modifications thereto that have been approved in writing by the Chief Building Official or a building inspector. (3) To obtain a permit as required by the provisions of the Act, the Building Code and this By-law, the owner or an agent authorized by the owner shall file an Application in writing with the Chief Building Official or a building inspector in required form as set out in Schedule D of the By-law and shall provide as part of the Application for the permit the information required for that permit in this By-law. 6. FEES (1) The fees to be charged for an application for a Permit shall be in accordance with the fees and charges schedule of the Municipality in effect at the time of the Application and attached to this Bylaw as Schedule A. Removed by By-law (2) Where the fees payable in respect of an application for a construction or demolition permit issued under Section 8 (1) of the Act or a conditional permit issued under Section 8 (3) of the Act are based on a floor area, the floor area shall mean the total floor space of all stories measured as a horizontal area between the exterior walls of the building. (3) Where fees payable in respect of an application for a Change of Use Permit issued under Section 10 (1) of the Act are based on the floor area, the floor area shall mean the total floor space of all stories subject to the change of use. (4) Administration Fees will apply as necessary as provided for in Schedule B attached to this by-law. Removed by By-law CLASSES OF PERMITS: (1) Every Application for a Permit shall be submitted to the Chief Building Official and shall contain the information required in this Section. (2) Building Permit: Where an Application is made for a Building Permit pursuant to Section 8 (1) of the Act, the Application shall: (a) (b) (c) (d) (e) (f) Identify and describe in detail the work and occupancy to be covered by the Permit for which the Application is made; Describe the land upon which the work is to be done by a legal description and municipal address that will readily identify and locate the building lot together with a copy of the most recent survey or deed for the Subject Land and the location and occupancy of any adjacent buildings; Include complete plans and specifications as described in this Bylaw for the work to be covered by the Permit and show the occupancy of all parts of the building; State the valuation of the proposed work including materials, labour, equipment, overhead, professional and related services and be accompanied by the required fee as determined by the Chief Building Official or building inspector; State the names, addresses and telephone numbers of the Owner and architect or engineer (where applicable) or other designer or contractor; Be accompanied by a written acknowledgement from the owner that the owner has retained an architect or professional engineer to

5 5 carry out the field review of the construction where required by the Building Code; (g) (h) Contain all information required by the Chief Building Official or building inspector to demonstrate that the proposed construction will conform with the Act and Building Code and other applicable law; Unless not required by the Chief Building Official, be accompanied by a site plan drawn to an appropriate scale upon paper with accurate dimensions referenced to an up to date land survey certified by a registered Ontario Land Surveyor and showing: (i) (ii) (iii) (iv) (v) (vi) (vii) the dimensions of the proposed building; any right-of-way or easement located on the Subject Lot and the distance between the proposed building and rightof-way or easement; the location of the proposed building; the distance to the building from the property lines, adjacent buildings and other prominent physical features such as escarpments, flood plains and water courses; existing and proposed finished grade levels; the proposed use of each room in the said building; the location and dimensions of all other buildings that may be located on the subject lands; and (viii) the location and dimensions of all existing and proposed driveways, parking areas and loading spaces on the subject lands. (i) (j) (k) (l) (m) (n) (o) Be accompanied by two complete sets of building plans and specifications unless otherwise specified by the Chief Building Official; Be signed by the owner or the owner s authorized agent who shall certify the truth of the contents of the application; Include any permit or letter of authorization that may be required for the provision of services or utilities such as waster, heat and hydro; Include, where required by a municipal By-law, an entrance permit issued by the Municipality s Road Superintendent for the purpose of providing access from the Subject Lands to a municipal highway; Include, where a municipal sewage system is not available, a sewage system permit as issued by the Municipality s sewage system inspector; Include, where the Subject Lands or any part of the subject Lands may be located within the 1 in 100 year flood line, or within a designated fill line associated with a water course or wetland, a letter form the Quinte Conservation Authority (Prince Edward Region) stating that the proposed building will not be located in whole or in part within the 1 in 100 year flood line and advising as to the distance between the proposed building and the 1 in 100 year flood line or in the alternative a permit from the Quinte Conservation authority allowing construction in accordance with its Fill, construction and Alteration to Waterways regulations (Ont. Reg. 417/94); and Include a letter from the owner advising as to the manner of disposal and re-use of garbage and waste material from the Subject Lot.

6 6 (3) Demolition Permit: Where an Application is made for a Demolition Permit pursuant to Section 8 (1) of the Act, the application shall: (a) (b) (c) (d) (e) (f) (g) (h) contain the information as required by clauses (2) (a) to (h) above; identify the structural design and characteristics of the building; describe the method of demolition; contain a statement certifying that the building has been vacated by the occupants; be accompanied by proof satisfactory to the Chief Building Official that arrangements have been made with the proper authorities for the cutting off and plugging of all water, sewer, gas, electric, telephone and other utilities and services; advise as to the manner of disposal or reuse of material and waste arising from the demolition; and be signed by the owner or the owner s agent who shall certify the truth of the contents of the Application. except for a farm building, the property shall be leveled, seeded and maintained immediately after the demolition of a building; THAT a $ security deposit be collected for all Complete Demolition permits, which will be returned when the permit is completed and finalized or forfeited if the work is not done and used to complete the requirements of 7 (3) (h). New section added as per By-law (4) Change of Use Permit: Where an Application is made for a Change of Use Permit issued pursuant to Section 10 of the Act, the Application shall: (a) (b) (c) (d) (e) (f) describe the building in which the occupancy is to be changed by a description that will readily identify and locate the building; identify and describe in detail the current and proposed occupancies of the building or part of a building for which the Application is made; include plans and specification showing the current and proposed occupancy of all parts of the building and which contains 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 capacities and details of the existing sewage system if any; be accompanied by the required fee; provide the name, address and telephone number of the owner; and be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. (5) Conditional Permit: Where an Application is made for a Conditional Permit under subsection 8 (3) of the Act the Application shall:

7 7 (a) (b) (c) contain the information required by clauses 2 (a) to (h); contain such other information, plans and specifications concerning the complete project as the Chief Building Official or Building Inspector may require; state the reasons why the applicant believes that unreasonable delays in construction would occur if a Conditional Permit is not granted; (d) (e) State the necessary approvals including any servicing agreements which must be obtained in respect of the proposed building and the estimated time in which such approvals will be obtained; and state the time in which plans and specifications of the complete building will be filed with the Chief Building Official. (6) Sewage System Permit: Every Application for a Sewage system Permit shall be submitted to the Sewage System Inspector and shall contain the following information: (a) (b) (c) (d) (e) the information required by clauses 2 (a) to (h) in respect of Building Permits; the name, address, telephone number and licence number of the person constructing, installing, servicing, repairing, cleaning or emptying the sewage system; where the person named in (b) above requires a licence under the Act or the Building Code, the number and date of issuance of the licence and the name of the qualified person supervising the work to be done under the sewage system permit; a brief written description of the use of the proposed building or lands that will be connected to or contribute to the sewage system to be installed including, where required by the sewage system inspector, an estimate of the expected sewage flows through the sewage system to be provided by a professional engineer, duly licensed to practice as a professional engineer in the Province of Ontario; a site evaluation conducted by a professional engineer if considered necessary by the sewage septic inspector which shall include all of the following information unless otherwise specified by the Sewage System Inspector: (i) (ii) (iii) the date that the evaluation was done; the name, address, telephone number and signature of the person who prepared the evaluation; a detailed scaled map of the site showing: (A) the legal description, lot size, property dimensions, (including location of the front, rear, and side lot lines), existing rights-of-way, easements, municipal utility corridors and prominent physical features such as wetlands and escarpments; (B) the location of items listed in column 1 at Tables , A, B, and C of the Building code; (C) the location of the proposed sewage system;

8 8 (D) the location of any unsuitable, disturbed or compacted areas; (E) the proposed access routes for system maintenance. (iv) (v) (vi) (vii) depth of soil to bedrock; depth to zones of soil saturation; soil properties including soil permeability; and site drainage including and potential for flooding. (7) Swimming Pool Permit: Every permit for the construction of a private outdoor swimming pool shall: (a) (b) contain the information as required by clauses 2 (a) to (h) above; contain a plan showing the location of a fence having a minimum height of 5 feet, measured from the ground to the top of the fence, that will enclose the swimming pool. (8) Cover All Building: Any person who intends to construct a Cover All Building shall make an application for a building permit for the Cover All Building pursuant to the provisions of Section 7 (2) and shall, in addition to the information provided in Section 7 (2), provide the following information: (a) (b) any engineering plans, specifications or requirements prepared or produced by the manufacturer of any of the components for the Cover All Building; and a letter from a professional engineering licensed to practise as a professional engineer in the Province of Ontario certifying that the engineer will provide to the Chief Building Official, upon completion of the construction of the coverall building, a report signed and sealed by the engineer certifying that the engineer supervised the construction of the Cover All Building and that the Cover All Building as constructed complies with the plans, specifications and requirements of the manufacturer of the Cover All Building and the requirements of the Building Code. 8. EQUIVALENCE: 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: (a) (b) (c) a description of the proposed material, system or building design for which authorization under Section 9 of the Act is requested; the applicable provisions of the Building Code concerning the material, system, or building design for which the authorization for an equivalent is being requested; and evidence that the proposed material system, or building design will provide the level of performance required by the Building Code. 9. ISSUANCE OF PERMIT

9 9 The Chief Building Official shall issue a Permit for which an application has been made except where: (a) (b) (c) (d) the proposed building or the proposed construction or demolition will not comply with any provisions of the Act, the Building code, this by-law or will contravene any other applicable law; the Applicant is a builder as defined in the Ontario New Home Warranties Plan Act, R.S.O. 1990, c.o-31 and is not registered under that Act; or the Application as required by this By-law is incomplete; and any fees due pursuant to this By-law are unpaid. 10. ACKNOWLEDGEMENT OF OCCUPANCY Upon the written request of the Owner, the chief Building Official or Building Inspector may provide the Owner with written acknowledgement that the building for which a permit has been issued may, as of the date of the letter, be occupied pursuant to the provisions of Section of the Building Code. 11. DOCUMENTS TO BE KEPT ON SUBJECT LANDS The person to whom a Permit has been issued pursuant to the provisions of this By-law shall, during construction or demolition (as the case may be): (a) keep posted in a conspicuous place on the Subject Lands a copy of the Permit; (b) (c) keep a copy of the approved drawings and specifications upon which the Permit was issued on the Subject Lands; and keep an appropriate placard on the civic address post where available. 12. PLANS AND SPECIFICATIONS (1) Sufficient information shall be submitted with each application for a Permit to enable the Chief Building Official, and any building inspector, or the sewage system inspector to determine whether or not the proposed construction, demolition, change of use, occupancy or installation, construction and maintenance of a sewage system will conform with the Act, the Building Code, this By-law and any other applicable law; (2) Each Application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of the plans and specifications required under this By-law; (3) The plans shall be drawn to scale on paper or other durable material and shall be legible and, without the limiting the generality of the foregoing, shall include such working drawings as may be required by this By-law unless otherwise specified by the Chief Building Official or as Building Inspector; and (4) For the purposes of an inspection under the Act, an inspector may require any of the documents, reports, plans or information set out is Section 18 (1) of the Act. 13. REVISIONS TO PERMIT After the issuance of a Permit pursuant to this By-law, notice of any material change to a plan, specification, document of other information forming the basis on which the Permit was issued must be given in writing to the Chief Building Official together with the details of such change and no change or alteration to the construction or demolition, as the case may

10 10 be, may be made without the express written authorization of the Chief Building Official approving such alteration or change. 14. REFUND OF FEES In the case of the withdrawal of an Application or abandonment of all or a portion of the work or the non-commencement of any project for which a Permit has been issued pursuant to this By-law, 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. the fees and charges schedule of the Municipality in effect at the time of the Application. Removed by By-law NOTICE REQUIREMENTS (1) The owner or the owner s authorized agent shall notify the Chief Building Official or Building Inspector at least two (2) business days in advance of the commencement of each stage of construction as set out in section (1) of the Building Code (2) The notification required above is not effective until the notification, either oral or written, has been actually received by the Chief Building Official or by a building inspector. 16. OWNER S RESPONSIBILITY Neither the granting of a permit nor the review of the drawings and specifications nor inspections made by the building inspector or the Chief Building Official shall in any event relieve the Owner of such building or the Owner s agent from full responsibility for carrying out the construction or demolition, or having the construction or demolition carried out, in accordance with the requirements of the By-law and the Application for which the Permit was issued and the Act. 17. AS-BUILT PLANS Where required by the Building Inspector or Chief Building Official, a set of plans for the building as constructed and completed shall be submitted to the Building Inspector or Chief Building Official upon completion of the construction of the building or buildings for which the permit was issued. 18. PRESCRIBED FORMS The Chief Building Official may prescribe such forms as he considers appropriate for use as Applications for Permits and for Orders to be issued pursuant to the provisions of the Act, the Building code or this By-law. 19. ADMINISTRATION Duties of the Building Inspector (1) A Building Inspector shall: (a) (b) (c) administer and enforce the provisions of this By-law and the Act; keep proper records of all applications received, permits and orders issued, inspections and tests made and shall retain copies of all papers and documents connected with the administration of this By-law which forms part of the public record; and prescribe forms respecting permits and applications for permits and provide for their use. (2) Inspection A Building Inspector or Chief Building Official for the purposes of inspecting a building or site in respect of which a permit has been

11 20. GENERAL 11 issued or an application for a permit has been made, may enter in or upon any land or premises at any reasonable time without a warrant pursuant to the provisions of Section 12 of the Act. In this By-law: (1) If any section, clause or provision of this By-law including anything contained in Schedules A, B, C, D, E, F, G, H, I, J, K and L attached hereto is for any reason declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention of Council for the Corporation that all remaining sections, clauses or provisions of this By-law shall remain in full force and effect until repealed not withstanding that one or more provisions thereof shall have been declared invalid. Removed by By-law and By-law (2) The headings in this By-law are for ease of reference only and shall not be read or construed so as to abridge or modify the meaning of any provision of the main text of this Agreement. 21. OFFENCE: Any person who contravenes any provision of this By-law shall upon conviction be liable to such penalty as is provided for pursuant to the provisions of the Building Code Act, S.O., 1992, c.23 as it may be amended from time to time. 22. This By-law shall be construed as being in addition to the provisions of the other applicable By-laws of the Corporation and in the case of any conflict between this By-law and any other By-law of the Corporation, the most restrictive By-law provision shall apply. 23. The provisions of the Act providing for penalties for violations of the Act shall also apply to violations of this By-law. 24. THAT the following Building By-laws are hereby rescinded: By-law No By-law No By-law No By-law No Read a first, second and third time and finally passed this 27 th day of June, 2005 CLERK Victoria Leskie MAYOR Leo P. Finnegan

12 12 SCHEDULE A to By-law No FEES PAYABLE FOR BUILDING PERMITS Amended by By-law to remove Schedule A from this Bylaw ITEM BUILDING TYPE FEE PAYABLE 1.* Assembly Occupancies $ plus $10.00 for each square metre of floor area or part thereof, Renovation to existing $ $4.00/sq m 2.* Institutional Occupancies $ plus $10.00 for each square metre of floor area or part thereof, Renovation to existing $ $4.00/sq m 3.* Residential Occupancies -apartment buildings -detached, semi-detached and townhouse dwellings and other residential occupancies 4.* Business & Personal Service Occupancies -single Storey business plazas -multi-storey office buildings -other business and personal service occupancies 5.* Mercantile Occupancies -single storey buildings -multi-storey buildings $ plus $7.50 for each square metre of floor area or part thereof, $ plus $8.00 for each square metre of floor area or part thereof, -renovation to existing or basement finish $ minimum + $4.00/sq m $ plus $9.00 for each square metre of floor area of part thereof, $ plus $8.00 for each square metre of floor area of part thereof, $ plus $8.00 for each square metre of floor area or part thereof, -renovations to existing $ $4.00/sq m $ plus $8.00 for each square metre of floor area or part thereof, 6. Industrial Occupancies -farm building unserviced storage buildings -other industrial buildings 7. Parking Garages, Boat Houses, Unfinished Basements and Service Floors In Any Building -new structures $ plus $7.00 for each square metre of floor area or part thereof, $ plus $2.00 for each square metre of floor area of part thereof, $ plus $4.50 for each square metre of floor area or part thereof, $ plus $4.00 for each square metre of floor area of part thereof, -repairs $ plus $1.00 for each square metre of floor area or part thereof 8. Work Order Searches $ Minor Residential Structures, $ Alterations and Plumbing Only Including:

13 13 -decks, gazebos (each) -fireplace, wood stove (each) -storage shed ( each 50 sq. metres) - replacement of three plumbing fixtures or less, excluding hot water tanks 10. Minor Non-Residential Structures, Including: -school portables (each) -temporary pre-fabricated trailers (each) -other similar minor stand alone structures associated with a nonresidential use (max 50/sq metres) $30.00 $200.00

14 Tents and Air Supported Structures -temporary tents 60m 2 225m 2 -temporary tents exceeding 225m 2 -Air supported structures 12. Sewage System -new installation -severance inspection -inspection fees for an existing system -site servicing $ $ Structural Sign $ Alterations to existing buildings (not provided for in item 1 to 10 ) 15. Change of use $ Pool Enclosure Permit $ Conditional Building Permit (Requires minimum 10% of construction value, letter of credit) $100 plus $4.50 for each sq metre of floor area or part thereof. Note: Temporary tents and air supported structures exceeding 225m 2 require certification by a professional engineer. $ $ $ $ $5.00 per linear metre $10.00 for each $1, construction value or part thereof, minimum $ $ % of total permit fee 18. Demolition Permits $ flat fee 19. Administration Fee $ minimum to a maximum of $1, based on 50% of the applicable fee be applied in addition to the permit fee for any project starting without a permit. 20. Equivalency Permit $ $75.00/hour administration fee + associated costs for external reviews and/or approvals 21. Revisions to existing permits $ $75.00/hour administration fee + associated costs for external revisions and/or approvals. 22. Refunds Refunds will only be processed on the following basis maximum 50% if permit has been reviewed and is ready for issue or is issued, maximum 75% if architectural plans review has not commenced or been completed. No refund less than $ will be issued. 23. Specialized unit costs (material alterations or additions) Any building permit not otherwise listed will be assessed at 1% of the project s construction value. Construction values submitted are at the discretion of the Chief Building Official * The above so noted schedules include all mechanical H.V.A.C and plumbing services (kitchen exhaust systems excepted).

15 15 COUNTY OF PRINCE EDWARD BUILDING PERMIT FEE SCHEDULE B to By-law No Amended by By-law to remove Schedule B from this Bylaw Administration Fees 1. Compliance Letter $55.00 flat fee. 2. Document reproduction and additional plans of documents required to process a permit application Added to permit Fee Over five pages $.10 per page. 3. Overtime Services / Special Inspections $40.00/hour Four hour minimum on weekends. 4. Revisions to an application or an issued permit. $50.00 administration plus applicable rate as per Schedule A 5. Transfer of permit to new owner. $50.00 Flat fee. 6. Drawing review fee for I/C/I and large projects requiring outside review. The corporation will require a deposit of $ to cover the cost of the review. Any unused portion of the deposit will be returned to the applicant when the permit is issued.

16 16 COUNTY OF PRINCE EDWARD BUILDING PERMIT FEE SCHEDULE C to By-law No Amended by By-law to remove Schedule C from this Bylaw Refund of Fees Status of Permit Application Refund 1. Application filed then withdrawn no processing or review of plans reviewed 2. Application filed plans reviewed and permits issued and then withdrawn 3. Additional deduction for each field inspection performed Fees Eligible for All fees refunded save and except for administration fee of $ % of fees submitted with application or at the time of permit being issued $ per inspection 4. Permits valued at $ or less No refund

17 17 Application number: Date received: SCHEDULE D to By-law Application for a Permit to Construct or Demolish This form is authorized under the Building Code Sentence A.(2). For use by Principal Authority Permit number (if different): Roll number: Application submitted to: Corporation of the County of Prince Edward. (Name of municipality, upper-tier municipality, board of health or conservation authority) Project information Building number, street name Unit number Lot/con. Municipality Postal code Plan number/other description Project value est. $ Area of work (m 2 ) Applicant Applicant is: Owner or Authorized agent of owner Last name First name Corporation or partnership Street address Unit number Lot/con. Municipality Postal code Province Telephone number Fax Owner (if different from applicant) Last name First name Corporation or partnership Cell number Street address Unit number Lot/con. Municipality Postal code Province Telephone number Fax Cell number Builder (optional) Last name First name Corporation or partnership (if applicable) Street address Unit number Lot/con. Municipality Postal code Province Telephone number Purpose of application New construction Proposed use of building Fax Addition to an existing building Cell number Alteration/repair Demolition Conditional Permit Current use of building Description of proposed work Tarion Warranty Corporation (Ontario New Home Warranty Program) i. Is proposed construction for a new home as defined in the Ontario New Home Warranties Plan Yes No Act? If no, go to section G. ii. Is registration required under the Ontario New Home Warranties Plan Act? Yes No iii. If yes to (ii) provide registration number(s): Attachments i. Attach documents establishing compliance with applicable law as set out in Article ii. iii. Attach Schedule 1 for each individual who reviews and takes responsibility for design activities. Attach Schedule 2 where application is to construct on-site, install or repair a sewage system. iv. Attach types and quantities of plans and specifications for the proposed construction or demolition that are prescribed by the by-law, resolution, or regulation of the municipality, upper-tier municipality, board of health or conservation authority to which this application is made. Declaration of applicant I certify that: (print name) 1. The information contained in this application, attached schedules, attached plans and specifications, and other attached documentation is true to the best of my knowledge. 2. I have authority to bind the corporation or partnership (if applicable). Date Signature of applicant

18 18 Schedule 1: Designer Information Use one form for each individual who reviews and takes responsibility for design activities with respect to the project. Project Information Building number, street name Unit no. Lot/con. Municipality Postal code Plan number/ other description Individual who reviews and takes responsibility for design activities Name Firm Street address Unit no. Lot/con. Municipality Postal code Province Telephone number Fax number Cell number Design activities undertaken by individual identified in Section B. [Building Code Table ] House Small Buildings Large Buildings Complex Buildings Description of designer s work HVAC House Building Services Detection, Lighting and Power Fire Protection Building Structural Plumbing House Plumbing All Buildings On-site Sewage Systems Declaration of Designer I declare that (choose one as appropriate): (print name) I review and take responsibility for the design work on behalf of a firm registered under subsection of the Building Code. I am qualified, and the firm is registered, in the appropriate classes/categories. Individual BCIN: Firm BCIN: I review and take responsibility for the design work and am qualified in the appropriate category as an other designer under subsection of the Building Code. Individual BCIN: Basis for exemption from registration: The design work is exempt from the registration and qualification requirements of the Building Code. Basis for exemption from registration and qualification: I certify that: 1. The information contained in this schedule is true to the best of my knowledge. 2. I have authority to bind the corporation or partnership (if applicable). Date Signature of Designer For the purposes of this form, individual means the person referred to in Clause (1)(d), Article and all other persons who are exempt from qualification under Subsections and NOTE: 1. Firm and Individual BCIN numbers are not required for building permit applications submitted prior to January 1, Schedule 1 does not need to be completed by architects, or holders of a Certificate of Practice or a Temporary License under the Architects Act. Schedule 2: Sewage System Installer Information

19 19 Project Information Building number, street name Unit number Lot/con. Municipality Postal code Plan number/ other description Sewage system installer Is the installer of the sewage system engaged in the business of constructing on-site, installing, repairing, servicing, cleaning or emptying sewage systems, in accordance with Building Code Article ? Yes (Continue to Section C) No (Continue to Section E) Installer unknown at time of application (Continue to Section E) Registered installer information (where answer to B is Yes ) Name BCIN Street address Unit number Lot/con. Municipality Postal code Province Telephone number Fax Qualified supervisor information (where answer to section B is Yes ) Name of qualified supervisor(s) Cell number Building Code Identification Number (BCIN) Declaration of Applicant: I declare that: (print name) I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, I shall submit a new Schedule 2 prior to construction when the installer is known; OR I am the holder of the permit to construct the sewage system, and am submitting a new Schedule 2 now that the installer is known. I certify that: 1. The information contained in this schedule is true to the best of my knowledge. 2. I have authority to bind the corporation or partnership (if applicable). Date Signature of applicant

20 20 A) Project Information Name of Permit Applicant Full Address of Project Schedule 3: Applicable Law Building Number Street Name Unit Number Lot/Conc. Municipality Plan Number Lot/Parcel Number List attached documents that establish compliance with applicable law - [OBC Sentence (1)]

21 21 SCHEDULE E to By-law No ORDER TO COMPLY Pursuant to Subsection 12(2) of the Building Code Act, 1992, as amended Permit No. Date of Inspection: Date Order Issued: Order Issued to (name and address) 1. Relationship to Owner Given to: Relationship to Company/Property Or Posted on Site [ ] Or Other [ ] (please specify) The inspection on or about (date) at the above- referenced address found the following contravention(s) of the Building code or the Building Code Act, You are hereby ordered to correct the contraventions itemized below immediately, by the dates listed below, or by (date). ITEM REFERENCE DESCRIPTION AND LOCATION REQUIRED ACTION AND COMPLIANCE DATE Order issued by: Name Signature BCIN Telephone No. Note: It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an inspector or Registered Code Agency. [Building Code Act, 1992, s. 20] An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building Code. [Building Code Act, 1992, s. 24] Failure to comply with this Order could result in a Stop Work Order. [Building Code Act, 1992, s. 14] Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36] No construction affected by this Order is to be covered until inspected and approved. [Building Code Act, 1992, s. 13] Date of Compliance: This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)

22 22 SCHEDULE F to By-law No ORDER NOT TO COVER OR ENCLOSE Pursuant to Subsection 13(1) of the Building Code Act, 1992, as amended Permit No. Date of Inspection: Date Order Issued: Address to which Order Applies: Order Issued to (name and address) 1. Relationship to Owner Given to: Relationship to Company/Property Or Posted on Site [ ] Or Other [ ] (please specify) The above referenced building was inspected on or about (date). You are hereby prohibited from covering or enclosing the parts of the building described below, pending an inspection. Please arrange for an inspection when the part of the building identified below is ready for inspection. ITEM DESCRIPTION OF AREA NOT TO COVER OR ENCLOSE Order issued by: Name Signature BCIN Telephone No. Note: It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an inspector or Registered Code Agency. [Building Code Act, 1992, s. 20] An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building Code. [Building Code Act, 1992, s. 24] Failure to comply with this Order could result in an Order to Uncover and/or a Stop Work Order. [Building Code Act, 1992, s.14] Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36] Date of Compliance: This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)

23 23 SCHEDULE G to By-law No ORDER REQUIRING TESTS AND SAMPLES Pursuant to Subsection 18(1)(f) of the Building Code Act, 1992, as amended Permit No. Date of Inspection: Date Order Issued: Address to which Order Applies: Order Issued to (name and address) 1. Relationship to Owner Given to: Relationship to Company/Property Or Posted on Site [ ] Or Other [ ] (please specify) Description of required tests and samples The inspection on or about need for the following tests and samples. (date) at the above- referenced address found the You are hereby ordered at your expense to take and supply to the undersigned the tests and samples described below by (date). ITEM REFERENCE TEST AND SAMPLE REQUIRED Order issued by: Name Signature BCIN Telephone No. Note: It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an inspector or Registered Code Agency. [Building Code Act, 1992, s. 20] An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building Code. [Building Code Act, 1992, s. 24] Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36] Date of Compliance: This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)

24 24 SCHEDULE H to By-law No ORDER TO UNCOVER Pursuant to Subsection 13(6) of the Building Code Act, 1992, as amended Permit No. Date of Inspection: Date Order Issued: Address to which Order Applies: Order Issued to (name and address) 1. Relationship to Owner Given to: Relationship to Company/Property Or Posted on Site [ ] Or Other [ ] (please specify) The inspection on or about (date) at the above- referenced address found the following contravention(s) of the Building code or the Building Code Act, 1992 or the Building Code. The part was covered or enclosed contrary to an Order Not to Cover number, dated ; The notice was not given in the time prescribed by local by-law or regulation made under clause 7.(e) of the Building Code Act, 1992; A reasonable time was not allowed after the notice was given for an inspection to be carried out; or The part has been constructed without a permit being issued. You are hereby ordered to uncover, or have uncovered, at your own expense, and make available for inspection the parts of the building described below immediately, or by (date). Description of Area to Uncover: Order issued by: Name Signature Contact Name (optional) BCIN Telephone No. Contact Telephone No. (optional) Note: It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an inspector or Registered Code Agency. [Building Code Act, 1992, s. 20] An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building Code. [Building Code Act, 1992, s. 24] Failure to comply with this Order could result in a Stop Work Order. [Building Code Act, 1992, s. 14] Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36] Date of Compliance: This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97) SCHEDULE I to By-law No

25 25 STOP WORK ORDER Pursuant to Subsection 14(1) of the Building Code Act, 1992, as amended Permit No. Date of Inspection: Date Order Issued: Address to which Order Applies: Order Issued to (name and address) 1. Relationship to Owner Given to: Relationship to Company/Property Or Posted on Site [ ] Or Other [ ] (please specify) The inspection on or about (date) at the above- referenced address found the following contravention(s) of the Building code or the Building Code Act, 1992 have not been rectified as required by the Order(s) indicated below: Order to Comply number, dated. Order Not to Cover number, dated. Order to Uncover number, dated. You are hereby ordered to immediately cease construction and/or demolition as specified below: ITEM DETAILS Order issued by: Name Signature BCIN Telephone No. Note: It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an inspector or Registered Code Agency. [Building Code Act, 1992, s. 20] An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building Code. [Building Code Act, 1992, s. 24] Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36] When a Stop Work Order is issued, no person shall perform any act in the construction or demolition of the building in respect of which the Order is made other than work necessary to carry out an Order to Comply, the Order Not to Cover, or an Order to Uncover. [Building Code Act, 1992, s. 14] Date of Compliance: This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)

26 26 SCHEDULE J to By-law No Amended by By-law to remove Schedule J from this By-law CERTIFICATE OF APOINTMENT Certificate of appointment by the Municipality of Prince Edward County Chief Building official - Garry Davis Deputy Chief Building Official - Andy Harrison Building Inspector - Chris Carroll Building Inspector - Barry Brown Building Inspector - Mike Kelly Building Inspector - David May

27 27 SCHEDULE K to By-law No Amended by By-law , on February 13, 2018 CODE OF CONDUCT The Code of Conduct for the purpose of the Building By-law shall be the HR140 Employee Code of Conduct for the County of Prince Edward Employees, Document CP The Code of Conduct for the Chief Building Official and inspectors appointed under the Building Code Act shall be Policy HR 131, adopted by By-law as follows: 1. PRINCIPLE 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. 2. DEFINITIONS Building Officials means the Chief Building Official and Inspectors appointed by By-law 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. 3. PURPOSE 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. 4. STANDARDS OF CONDUCT Building Officials 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 public at large and their personal interests. 3. Apply all relevant building by-laws, codes and standards appropriately and without favour. 4. Perform their inspections and plan examination duties impartially and in accordance with accepted professional standards. 5. At all times abide by the highest moral and ethical standards and avoiding conduct, which could bring or tend to bring Building Officials into disrepute. 6. Comply with all provisions of the Building Code Act, the Ontario Building Code and other acts or laws, which regulate or govern Building Officials or their functions. 7. Not to act beyond their personal level of competence or outside their area of expertise.