THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER 90-42 A By-Law under the Building Code ct Respecting Permits and Related Ma ters. L WHEREA$ pursuant to the Building Code Act, as amended, the Lieutenant Governor in Council has establishe a Building Code which is in force throughout Ontario; AND WHEREAS sub-section 5 (2) of the authorizes a municipal council to pass by-la issuance of permits and related matters. uilding Code Act s concerning the NOW THEREFORE THE COUNCIL OF THE CORPORATI WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS: N OF THE TOWN OF 1. SHORT TITLE This By-Law may be cited as the "Building P rmits By-Law". 2. DEFINITIQNS In this By-Law: (1) (a) "Act" means the Building Code Act, as mended. "applicant" means the owner of a who applies for a permit or any writing by the owner to apply owner's behalf. bui ding or property per on authorized in for a permit on the (c) "Building Act. Code" means the regulatio made under the (d) "Chief Official" means the chief b ilding official appointed under Section 3 of the Act. (e) "enclosure" means a fence, wall or other structure, including doors and gates, surround ng a privatelyowned outdoor swimming pool to restric access thereto. (f) "owner" means the registered owner f the land and includes a lessee, mortgagee in po session and the person in charge of the property. (g) "peonit" means permission or author given in wri~ing by the Chief Official to perfo work regulated by the Act and Building Code, or to ccupy a building or part thereof prior to its completio (h) "prescribed value" means, as determi ed by the Chief Official, the value of constructio of a proposed building including the total valu of all work, services and materials in respect of its construction and of all professional and related se ices. (2) Terms not defined in this by-law shall have the meaning ascribed to them in the Act or the Bui ding Code. 3. CLASSES OF PERMITS Classes of permits required for construct'on or demolition are set forth in Schedule "A" appended to and forming part of this by-law.
- 2 4. PERMIT APPLICATIONS (1) To obtain a permit, an applicant shall file an application in writing on forms available from the Chief Official. (2) Every application shall (a) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; (c) (d) (e) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition is to occur; be accompanied by plans and specifications as described in the by-law; state the applicant's estimated valuation of the proposed work and be accompanied by the fees based on the said estimated valuation or the gross floor area calq:ulated in accordance with Schedule "A"; state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the demolition, as the case may be; (f) when Section 2. 3 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on a fci>rm prescribed in Schedule "B" that an architect or pro~essional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building; (g) when Section 2. 3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed in Schedule "B", undertaking to provide general review of the construction or demolition of the building; (h) (i) include, where applicable, the applicant's registration number where an applicant is a builder as defined in the Ontario New Home Warranties Plan Act; and be signed by the applicant who shall certify as to the truth of the contents of the application. (3) Whe~e an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Official to have been abandoned and notice thereof shall be given to the applicant who may be entitled to a partial refund of fees as set out in Schedule "A" appended to and forming part of this By-law. 5. PLANS ANQ SPECIFICATIONS (1) Every applicant shall furnish sufficient plans, specifications, documents and other information to enable the Chief Official to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. (2) Plans submitted shall be drawn to scale upon paper, cloth or other suitable and durable material.
- 3 (3) Site Plans submitted shall be referenced to a current plan of survey certified by a registered Ontario Land surveyor and a copy of such a survey shall be filed with and retained by the municipality unless this requirement is waived because the Chief Official 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. (4) The Chief Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for permit hav~ng regard for the requirements of any Act, regulation or by-law respecting the examination or ciraulation of the application. (5) On completion of the construction of a building, the Chief Official may require a set of plans of the building as constructed, including a plan of survey showing its location. 6. PERMIT FQR PART OF A BUILDING (1) Where a permit for a part of a building is desired prior to the issuance of a permit for the entire project, application shall be made and fees paid for the entire project, and plans and specifications covering the part of 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 Official, shall be filed with the Chief Official. (2) The Chief Official shall, where conditions in Subsection (1) have been fulfilled, issue a permit for part of a building subject to compliance with applicable law and payment of fees as prescribed in Schedule "A". (3) The,Chief Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building, be under any obligation to grant any further permit or permits therefor. 7. FEES (1) The Chief Official shall determine the prescribed value of the work proposed and the applicant shall pay the fees based on such prescribed value in accordance with Schedule "A" and no permit shall be issued until the fees therefor have been paid in full. (2) If the applicant disagrees with such prescribed value, the prescribed fees shall be paid and upon completion of the work, if the actual cost of the work is found to be less than the prescribed value determined by the Chief Official an audited statement may be submitted det~iling the costs of all component parts of the work. Where the Chief Official is satisfied that the statement contains the cost of all component parts of the work upon which the prescribed value is required to be based, the fees shall be adjusted in accordance with this statement and a refund, if required, shall be paid. (3) In the case of withdrawal or abandonment of. an application, pursuant to Subsection 4(3), refusal or
- 4 revocation of a permit and upon written request, the Chief Official shall determine the amount of fees, if any, that may be refunded, in accordance with Schedule "A" appended to and forming part of this by-law. 8. PERMIT RJYOCATION, DEFERRAL OF REVOCATION AND TRANSFER (1} Revocation of Permit (a) Prior to revoking a permit under Subsection 6(4) or (c) of the Act, the Chief Official shall give written notice of intention to revoke to the permit holder at his. last known address and, if on the expiration of thirty ( 3 o) days from the date of such notice, the groand for revocation continues to exist, subject to Subsection (2), the permit shall be revoked without further notice and all submitted plans and other information may be disposed of or, at request of the permit holder, returned as directed. Notification under Subsection (a) shall be service either personally or by registered mail. Where notification is by registered mail, it shall be deemed to have been served on the third business day after the date of mailing. (2} Def,rral of Revocation (a) (c) On receipt of a notice of intention to revoke a permit, a p:!rmit holder may request in writing within thirty (30) days from the date thereof, the Chief Official to defer the revocation of such permit. A request for deferral shall set out the reasons why the permit should not be revoked and the date by which the work will be commenced or resumed. Having considered the circumstances of the request and having determined that there have been no changes to the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Official may allow a deferral to a prescribed date, and shall notify the permit holder. (3) Transfer of Permit (a) Permits are transferable only upon com:pleting a permit application requirements of Section 4. the new owner form to the No fees shall be payable on a transfer by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. 9. NOTJFICATIONS (1} Notices required by Subsection 2. 9.1 of the Building Code shall be given by the permit holder to the Chief Official at least two business days in advance of the stages of construction specified therein. (2) A notice pursuant to this section is not effective until written or oral notice is actually received by the Chief Official.
- 5 10. VALJDITY Should any section, subsection, clause or provision of this by-law be 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 part so declared to be invalid. 11. REPEAL By-Law Number 77-3 as amended is hereby repealed. READ a first and second time this 20th day of March, 1990. READ a third time and passed this 20th day of March, 1990. Patr1c1a Oakes, Clerk
THE CO~PORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE SCHEDULE "A" to BY-LAW NUMBER 90-42 PERMIT FEES AND REFUNDS To determine "Prescribed Va1ue a list of costs obtained from the Toronto Real Estate Board and the latest edition of Means Building Data costs shall be used by the Chief Official. The value so obtained is deemed to be the total cost of the building to the OWner, excluding landscaping, furnishings and equipment, but including all mechanical, electrical and plumbing facilities, also architect and engineering fees in accordance with the rates stipulated by the appropriate professional Association. CLASSES OF PERMITS 1. (a) Building Permit to construct (excluding industrial and farm buildings) PERMIT FEES $.50 per square foot of gross floor area of all floors except unfinished basements in residential buildings, but including attached garages and underground parking areas. Building Permit to construct, alter or repair an industrial building $.40 per square foot of gross floor area of all floors including mezzanine floors up to 50,000 square feet; $.35 per square foot from 50,000 to 100,000 square feet and; $.30 per square foot over 100,000 square feet. Minimum fee $35.00 (c) Building Permit to construct, alter or repair, farm buildings (excluding dwellings and riding arenas) $.10 per square foot of gross floor area to a maximum of $500.00. (d) Bullding Permit to alter or repair a building $8.00 per $1,000.00 of construction value. (e) Demolition permit to demolish a building $8.00 per $1,000.00 of demolition cost.
- 2 Schedule "A" (f) Renewal of a Building Permit (without revision or transfer of the permit) (g) swimming Pool Flat Fee $35.00 enclosure (h) Occupancy of a $20.00 per 1,000 square building prior to feet of gross floor area completion (pursuant to be occupied or portion to Subsection 2.4.3 thereof. of the Ontario Building Code) (i) Underground and above $8.00 per 1,000 gallon ground storage tank capacity or a portion permits thereof. (j) Residential Occupancy 1% of the estimated Fee (all new prescribed value of buildings, construction cost to alterations, a maximum of $2,000.00 additions or repairs) or the fee as set out in the subdivision agreement (See Note:1). (k) Industrial Occupancy 1% of the estimated Fee (all new prescribed value of buildings, construction cost to a alterations, maximum of $10,000.00 additions or with a minimum of re~airs) $5,000.00 or the fee as set out in the site plan agreement (See Note:1). Note:1 Except where a building has been occupied contrary to Section 7 of the Building Code Act, this fee shall be refunded without interest to the applicant upon completion of construction and inspection in acqordance with the Ontario Building Code Act. FEE FOR SPECIAL INVESTIGATION (Commencement of work prior to permit issuance) Wherever a~y work for which a permit is required by this by-law has commenced without the authorization of a permit, a "Special Investigation" fee shall be paid in addition to all
- 3 Schedule "A" other fees ~payable. This fee shall be equal to 100% of the fee that would be payable pursuant to this Schedule or the sum of $500.00 whichever is the greater. REFUNDS OF PERMIT FEES 1. Pursuant to subsection 4 ( 3), 7 ( 2) and 7 ( 3) of this by-law the fees that may be refunded shall be a percentage of the fees payable under this by-law, calculated as follows: (i) 75 percent if administrative functions only have be~en performed; (ii) 60 percent if administrative and zoning functions only have been performed; (iii) 45 percent if administrative, zoning and plan examination functions have been performed; (iv) 35 percent if the permit has been issued and no field inspections have been performed subsequent to permit issuance; (v) 5 percent shall additionally be deducted for each field inspection that has been performed after the permit has been issued. 2. If the calculated refund is less tha~ the minimum fee applicable to the work, no refund shall be made of the fees paid.
Permit Application Number +--------- This is to Certify that: SCHEDULE "B" to BY-LAW NUMBER 90-42 an of Whitchurch Stouffville Department of Buildings GiENE~REVIEW COMMITMENT CERTI~TE I Project Location -----------------------------------Date Name of Architect/Professional Engineer or Company (PLEASE PRINT) is retained to undertake, as described in Section 2.3 of the Ontario Building Code and in respect of the designated permit application number, the general review of the construction of the building in accordance with, if an architect, the performance standards of the Ontario Association of Architect$ (Section 50a of Ontario Regulation 368/86, amending Ontario Regulation 517 /84) or, if a professional engineer, the performance standards of the Association of Professional Engineers of Ontario (Section 9la of Ontario Regulation 421/86, amending Ontario Regulation 5!38/84), to determine whether the construction is in general conformity with the plans, sketches, drawings, graphic representation$, specifications and other documents that are prepared by an architect, professional engineer or both and that form the basis for the issuance of building permit or any changes thereto authorized by the chief official. Indicate by a checkmark 121 the disciplines for which the above mentioned responsibilities are being assumed: D D I D D D D ARCHITECTURAL MECHANICAL STRUCTURAL ELECTRICAL FIRE PROTECTION PLUMBING Ifan architect indicate by checkmark 121 if engaged as prime consultant to coordinate the general review of all designated disciplines D Signature of Architect or Profes~ional Engineer IPrint Signee's Name Title or Position Company Name Telephone Address Postal Code Section 50a of Ontario Regulation 368/86, amending Ontario Regulation 517/84 made under the Architects Act 50a. The following are prescribed ~s performance standards with respect to the general review of the c~nstruction, enlargement or alteration of a building by a member <llr holder (of a Certificate of Practice) as provided for in the buildi~g code prescribed under the Building Code Act: 1. The member or holder, jwith respect to the matters that are governed by the buildin~ code, shall, i. make periodic visitsto the site to determine whether the work is in general cqnformity with the design documents that were prepared by a member or holder, ii. inform the client and contractor, in writing, as to the progress and quality of the work and as to any part of the work that the member or polder has observed during the visits to the site not to be lin conformity with the design documents, ~ iii. review all changes t~ 1 the design documents to determine whether the changes conform to the building code, iv. review and commen on shop drawings and samples for general conformity ith the design concept of the work, and. v. if the member or hol~er is specifically engaged to co-ordinate the general revi~:w of the professional engineers and reports of the inspec~ion and testing companies, co-ordinate the general review of the professional engineers and the reports of the in~'pection and testing companies that pertain directly to t e work being reviewed and arrange for the distribution f such reports to the client and the contractor, or I vi. if the member or hol~er is not engaged to perform any or all of the services list~d in subparagraph v, co-operate with the professional engi~ eer responsible for the co-ordination of the general revie in order to assist the professional engineer in the carry ng out of the functions described in that subparagraph. ' 2. In paragraph 1 design document means a design or other document which tormed the basis for the issuance of a building permit and includes all changes thereto that were authorized by the chief official as de{ined in the BuildinK Code Act. Section 91a of Ontario Regulation 421/86, amending Ontario Re~tulation 538/84 made under the Professional En~tineers Act. 9la. The following are prescribed as performance standards with respect to the general review of the construction enlargement or alteration of a building by a professional engineer (or holder of a Certificate of Authorization! as provided for in the building code made under the Building Code Act: 1. The professional engineer, with respect to matters that are governed by the building code, shall, i. make periodic visits to the site to determine, on a rational sampling basis, whether the work is in general conformity with the plans and specifications for the building, ii. record deficiencies found during site visits and provide the client, the contractor and the owner with written reports of the deficiencies and the actions that must be taken to rectify the deficiencies, iii. review the reports of independent inspection and testing companies called for in the plans and specifications and which pertain directly to the work being reviewed, iv. interpret plans and specifications when requested to do so by the client, contractor or owner, and v. review shop drawings and samples submitted by the contractor for consistency with the intent of the plans and specifications. 2. The professional engineer shall not review work in disciplines for which he or she is not qualified. 3. The professional engineer may delegate one or more of the functions described in paragraph 1 to another person where it is consistent with prudent engineering practice to do so and the functions are performed under the supervision of the professional engineer. 4. In paragraph 1 1 "plans and specifications" means a plan or other aocument which formed the basis for the issuance of the building permit and includes all changes thereto that were authorized by the chief official as defined in the Building Code Act. NOTE: The owner, being the person ~ho intends to construct or have a building constructed, has agreed in a letter of undertaking to the Chief Building Official ofthe Town of Whitchurch S~uffville to have each of the retained Architect(s) and Professional Engineer(s) complete, properly authorize and return to the Town ofwhitchurch Sto~ffville Department of Buildings the General Review Commitment Certificate(s) prior and as a condition precedent to permit issuance and authorizes the retained Architect(s) and Professional Engineer(s) to forward directly to the Chief Official, forthwith upon their completion, all written reports arising but ofthe required general review undertaken persuant to Section 2.3 ofontario Regulation 419/86 by the retained Architect(s) and/or Professional Engjpeer(s). WHITE -';Return to: Box 419, Stouffville, Ontario IAA 7Z5 YELLOW - Your Records 0105-510 04/87 Standard Form as approved by OBOA, APEO, and OAA