',. '-. ~/ THE CORPORATION OF LOYALIST TOWNSHIP BY-LAW 98-41 Being a By-Law Respecting Building Permits and Related Fees WHEREAS Sections 3 and 5 of the Building Code Act, RS.O. 1990, Chapter B.13, as amended, empower a Municipal Council to appoint officials and to pass by-la'vvs and regulations respecting building permits; WHEREAS Section 3(1) of the Building Code Act, RS.O. 1990, Chapter 23, as amended by Ontario Regulation 160/93 empowers the Council of each municipality for the enforcement of the Building Code Act; WHEREAS Section 7 of the Building Code Act, RS.O. 1990, Chapter 23, as amended by Ontario Regulation 160/93 empowers the Council of each municipality to pass by-la'vvs and regulations respecting building permits; NOW THEREFORE the Council of the Corporation of Loyalist Township enacts as follo'vvs: CITATION AND DEFINITIONS 1. SHORT TITLE This by-law shall be known and may be cited as ''The Building By-law. n DEFINITIONS (d) (e) (f) (g) (h) (i) "Act" means the Building Code Act, RS.O. 1990, including amendments thereto. "Building" means: i) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, vvorks, fixtyres and service systems appurtenant thereto, ii) a structure occupying an area of ten square metres or less than contains plumbing, including the plumbing appurtenant thereto, iii) plumbing not located in a structure, or iv) structures designated in the Building Code; "Building Code" means the regulations made under section 34 of the Act. "Chief Building Official" means a chief building official appointed or constituted under section 3 or 4 of the Act. "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 elsevtlere and "construction" has a corresponding meaning. "Demolish ll means to do anything in the removal of a building or any material part thereof and "demolition" has a corresponding meaning. "Inspector' means an inspector appointed under section 3, 4 or 32 of the Act. "Municipality" means the Corporation of Loyalist Township. "Plumbing" means a drainage system, a venting system and a water system
1" if J-'r' I, ",,,. /---.,. 2 or parts thereof as defined in Section 1 (1) of the Act. m "Regulations" means regulations made under the Act. (k) "Swimming Pool" means any privately-ovvned body of \Nater located outdoors contained in part or in whole by arti'ficial means in which the depth of the water at any point can exceed twenty-four inches and used or is capable of being used for s'nimming, \Nading, diving or bathing. PERMITS 3. CLASSES OF PERMITS A building permit shall be required for all construction of, repair, alteration, addition and demolition to a building or lot where tt,e construction cost exceeds $2,000, or the building area exceeds 10m 2 Classes of permits with respect to the construction, occupancy and demolition of buildings shall be set out in Schedule "A" tel this By-law. (d) (e) Permits for work other than that referred to in this By-law" including but not limited to road cuts, shall be obtained in accordance with the applicable municipal by-laws. Where a building is being removed from a property, a demolition permit shall be! required similar to the building being demolished. Where a building is moved within the limits of the Municipality, a building permit will be required at the new site and the said cost evaluation shall be computed by taking the sum of the estimated value of the newfoundations or other work required and thc~ value of the building as last assessed. After the issuance of a permit under the Act, notice of any material change to a plan, specification, document or other information in the basis of which the permit \NaS issued, must be given in 'Nriting to the Chief Building Official to~~ether with the details of such change which is not to be made without his or her 'Nritten authorization. RE~sponsibility of the O'Mler - Notwithstanding the granting of a permit, the approval of the drawings and specifications or inspections made by the Chief Building Official or Inspector during the erection of the building shall not, in any \Nay, relieve the O'Mler of such building or this agent from full responsibility for carrying out the work in accordance 'Nith the requirements of all By-laws of the Municipality and all applicable codes. 4. APPLICATION FOR PERMIT To obtain a permit the ovvner or his authorized agent shall file an application in writing on the prescribed form available at the offices of the Municipality. Except as otherwise permitted by the Chief Building Official, every application shall: i) identify and describe in detail the work and occupancy to be covered by the permit for which application is made; ii) describe the land on which the work is to be done, by a description that will readily identify and locate the building lot;
'11 I 0' 3 iii) iv) include the number of copies required by the Chief Building Official of plans and specifications in compliance with Section 5 of this By-law, unless otherwise approved by the Chief Building Official, Wlich plans and specifications shall also state the occupancy of each of all parts of the building; state the valuation of the proposed work and be accompanied with all required fees; v) state the names, addresses and telephone number of the Q'WI1er and architect, engineer, or other designer and constructor; vi) to be signed by the Q'WI1er or his authorized agent WlO shall certify the truth of the contents of the application. (d) An application for a permit may be deemed to have been abandoned and cancelled six (6) months after the date of filing, unless such application has been seriously proceeded with by the Applicant. Where an application for a permit or authorization to make a material change to a plan, specification, document or other information on the basis of Wlich a permit was issued, contains equivalent material, system or building design for wt1ich authorization under Section 9 of the Act is requested, the following information shall be provided: (i) (ii) (iii) a description of the proposed material, system or building design for Wlich authorization under Section 9 of the Act is requested, any applicable provisions of the Building Code, and evidence that the proposed material, system or building design will provide the level of performance required by the Building Code. 5. PLANS AND SPECIFICATIONS (d) (e) Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine Wlether or not the proposed work will conform to this By-law, the Act and any other applicable law, and whether or not it will affect adjacent property. 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. When required by the Chief Building Official, further plans and specifications shall be provided. Plans shall be dravvn to scale upon paper, cloth or other substantial material and shall be clear and durable and shall indicate the nature and extent of the w::>rk or proposed occupancy in sufficient detail to establish that, Wlen completed, the work will conform to this By-law, the Act, and all other relevant by-iavw and regulations. Site plans shall be referenced to a current Plan of Survey, certified by a Registered Ontario Land Surveyor, and Wlen required by the Chief Building Official, a copy of the survey shall be submitted. Site Plans shall show:
.' 4 i) lot size and dimension of property lines and setbacks to the proposed building, ii) iii) iv) the similarly dimensioned location of ~very other,existing building on the property, VIAlen requested by the Chief Building Official a lot grading plan to be submitted as part of the application to confirm drainage of that lot for VIAlich a permit has been applied, and existing rights-of-\'vay, easements and municipal services. (f) In lieu of separate specifications, the Chief Building Official may permit the essential information to be shown on the plan, but in no case shall such terms as "in accordance with this By-law''' "Legal", or similar terms be used as substitutes for specific information. 6. SITE DOCUMENTS Where a permit has been issued pursuant to the Act, the person to VIAlom it is issued shall have the permit or a copy thereof posted at all times during construction or demolition in a conspicuous place on the property in respect of vvhich the permit \'Vas issued. The person in charge of the construction of a building shall keep and maintain on the site of the construction: i) at least one (1) copy of drawings and specifications, certified by the Chief Building Official or a person designated by him to be a copy of those submitted with the application for the permit to construct the building together with changes that are authorized by the Chief Building Official or a person designated by him; and ii) authorization of facsimiles thereof received from trle Building Materials Evaluation Commission, including specified terms and conditions. 7. AS CONSTRUCTED DRAWINGS Upon completion of the construction of any new buildings or major additions for VIAlich a permit has been issued, a set of plans of the building as constructed and completed shall be submitted to the Chief Building Official unless otherwise specified by the Chief Building Official. 8. CONDITIONAL PERMITS Even though all requirements have not been met to obtain a permit under Subsection 9(2) of the Act, the Chief Building Official may issue a conditional permit for any stage of construction under Sections 8(3), 8(4), 8(5), 8(6), and 8(7) of the Act provided all other by-iavvs of the Municipality are complied with in full. 9. RESTRICTED PERMIT FOR A TEMPORARY BUILDING A restricted permit for a temporary building may be issued by the Chief Building Official authorizing for a limited time only the erection and existence of Ie building or part thereof. A permit for a temporary building may be extended by written approval of the Chief Building Official.
. 5 10. FEES (d) Fees for a required permit or other charges shall be in accordance with Schedule "A" to this By-law. Where the fees are based on the cost or valuation of the proposed 'MJrk, such cost or valuation shall mean the total cost of all vvork regulated by the permit, including cost of all material, labour, equipment, overhead and professional and related services. The Chief Building Official may place a valuation on the cost of the proposed vvork for the purposes of establishing the permit fee, and where disputed by the applicant, the applicant shall pay the required fee under protest and, witl1in six months of completion of the project, the applicant shall submit an audited statement of the actual costs, and where the audited costs are determined to be less than the valuation, the Chief Building Official shall issue a refund. In the case of abandonment of all or a portion of the 'MJrk, or of the noncommencement of any project and upon written request the Chief Building Official shall determine the amount of refund of permit fees, if any, that may be returned to the permit holder, in accordance with Schedule "B" to this Bylaw. 11. NOTICE TIMES AND SAFETY TIME FOR NOTICE OF INSPECTION Unless otherwise approved, notices required by the regulations under the Act shall be given to the Chief Building Official at least two (2) business days prior to the event. PUBLIC SAFETY (i) (ii) Where, in the opinion of the Chief Building Official, it is necessary for the public safety, the owners shall cause to be erected on the street line adjacent to any building being constructed, altered, repaired or wrecked, a suitable type board fence or structure and with sufficient overhead boarding to protect passers-by, and no such fence or structure shall be removed until the 'MJrk has been completed and permission for that purpose has been obtained from the Chief Building Official. No unused building material, debris, materials from buildings being wrecked, or materials from excavations shall be placed on or allo'ned to accumulate on any public street, alley, or land and no building material shall be placed on any public street, alley or land until permission therefore has been obtained from the Chief Building Official. A sufficient number of flashing delineators shall be maintained by the owner at his own expense from sunset to sunrise on any such building materials placed on any public street, alley or land. 12. If any section, clause, or provision of this By-law, including anything contained in Schedule "A" attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the 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 that all the remaining sections, clauses, or provisions of this By-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been
I. ", 6. declared to be invalid. 13. PENALTIES Any person who contravenes any provision of Sections 3 to 11 inclusive, of this By-law, is guilty of an offence, and upon summary conviction is liable to a fine, Section 36(1) of the Act, R.S.O. 1990 and Section 36(9) as further amended. 14. Any and all by-laws or parts hereof conflicting with this by-law are hereby repealed. 15. This By-law shall come into force and effect upon its passing. ENACTED AND PASSED THIS 26th DAY OF January,1998. REEVE,-,-, ~ p F 1
,. < SCHEDULE 'A' TO BYLAW 98-41 CLASS OF PERMIT PERMIT FEES 1. Building Permit $9 per $1,000 of building value up to $1,000,000 $5 per $1,000 of building value greater than $1,000,000 and less than $6,000,000 $3 per $1,000 of building value exceeding $6,000,000 Building Permit Application 2. Demolition Permit 3. Plumbing Permit - Residential Plumbing Permit - Commercial 4. Change eff Use Permit 5. Minimum Permit Fee $50 will be charged prior to the review of any building permit application. This fee will be deducted from the total permit fee vvhen permit is issued. $50 ) ) Refer to Schedule 'C' ) attached ) $150 plus any additional fee required by any required alterations or construction Notwithstanding the Schedule of Permit Fees set out above, the minimum permit fee shall be $30 for any class of permit. OTHER CHARGES: 1. Written re!quest for information regarding existing or partially constructed buildings re: $30 payable prior to the release of the requested information, if in vvriting. compliance with municipal bylaw vvhether there are outstanding VvOrk orders 2. A standard fee of $50 will be applied to review and issue lot ~Jrading certificates. 3. Lot Grading Deposit Where at the time of application for a building permit for property on an undeveloped lot located within the confines of Registered Plan 1081, and there is an approved lot grading plan in respect of the property for vvhich a building permit is being applied, the applicant shall pay to the municipality at the time of application, a deposit to ensure that the property will be graded in accordance with the approved lot grading
I. I,,,, plan. The~ lot grading deposit will not be refunded to the applicant until such time as the applicant provides to the municipality, a lot grading certificate which bears the seal and ~)ignature of a Registered Ontario Land SlJrveyor or Professional Engineer which shows that the property has, in the opinion of the Chief Building Official, or designate, or the TO'lM1ship Engineer, been graded in accordance with the approved lot gradin!~ plan. This depclsit is not required for those sections of Registered Plan 1081 which have yet to be assumed by the municipality. Prior to re~ceiving a lot grading certificate: Topsoil and sod shall be placed and shall conform with Ontario Provincial Standard Specification Number 571. Place 100mm minimum depth of sandy 10Eim and live No.1 nursery sod to lines and grades set out on lot grading plein and match existing curb elevations for the entire lot with back of curb to front of building, less width of sidewalk if present. Prc:lVide a shade tree no more than 3.6m or less than 2.4m high, of a type required by the TO'lM1ship Chief Building Official, in the front yard of each lot between the building and the property line and not in a position over buried utillities. A gravel driveway is to be constructed from curb to property line, with a maximum width of 7.3m. Upon completion of the lot grading, sodding, placement of an approved tree and approval of a lot grading certificate by the municipality for the lot, and upon application by the person by whom the deposit was paid, the amount deposited shall forthwith be refunded, less any cost incurred by the Municipality for each review of the certifieate. Lot Grading Deposit - $1,000 per building lot. 4. 9-1-1 Address Sign $25.00 (Rural Addresses Only)
.. --~. \.. SCHEDULE 'B' TO BYLAW 98-41 REFUND OF PERMIT FEES A. The fees that may be refunded shall be a percentage of the fees payable under this bylaw, as follovvs: i) 80 percent if administrative functions only have been performed; ii) iii) iv) 70 percent if administrative and zoning functions only have been performed; 451 percent if administrative, zoning and plan examination functions have belen performed; 35 percent if the permit has been issued and no field inspections have been performed subsequent to permit issuance; v) 5 percent shall additionally be deducted for each field inspection that has been performed after the permit has been issued. B. Notwithstanding paragraph A above, no refund shall be made of an amount less than $30.00.
I. SCHEDULE 'C' TO BYLAW 98-41 PLUMBING PERMIT NO. ALL PLUMBING INSTALLATIONS MUST MEET REQUIREMENTS OF THE BUILDING CODE, PART 7 NAME OF OWNER: ADDRESS: LEGAL DESCRIPTION: TELEPHONE#: CIVIC ADDRESS: PLUMBING CONTRACTOR: ADDRESS: TELEPHONE #: Toilets... @ $ 2.00..... Sinks... @ $ 2.00.... Shovvers... @ $ 2.00.... Bathtubs... @ $ 2.00.... Basins... @ $ 2.00.... Floor Drains... @ $ 2.00.... Hose Bibs... @ $ 2.00.... Hot Water Tank(s)... @ $ B.OO..... Sprinkler Heads... @ $ 5.00.... Other... @ $ 2.00..... Minimum Fee... $30.oo.... NO. OF FIXTURES COST SUB-TOTAl: TOTAL: NOTE: (Minimum fee does not apply 'Nhen Plumbing Permit is issued in conjunction with a Building Permit for the same project). ISSUED AT: DATE: APPLICANT PLUMBING INSPECTOR White Copy ONner YeiIowCopy- Plumbing Inspector Green Copy - Water Department NOTE: Green CC)py must be presented to Water Department to obtain water meter and 'fittings. Water Meter Paid: Y N No. of Meters