BY-LAW NO A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO REGULATE THE APPLICATIONS AND ISSUANCE OF BUILDING PERMITS

Transcription

1 BY-LAW NO A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO REGULATE THE APPLICATIONS AND ISSUANCE OF BUILDING PERMITS WHEREAS pursuant to the Building Code Act, 1992, as amended, the Lieutenant Governor in Council has established a Building Code which is in force throughout Ontario; AND WHEREAS Section 7 of the Building Code Act, 1992, as amended, empowers Municipal Council to pass certain by-laws respecting issuance of permits and related matters. NOW THEREFORE the Council of the Town of Carleton Place enacts as follows: I DEFINITIONS Act means The Building Code Act, S.O. 1992, Chap. 23, and amendments thereto or replacements thereof; Applicant means the owner of a building or property or any person authorized in writing by the owner who applies for a permit; Area means the gross area as defined in the Building Code; Building Code means the regulations made under Section 34 of the Act; Chief Building Official means the Chief Building Official or designate, who have been appointed by by-law by the Town of Carleton Place for purposes of enforcement of the Act; Construct means to do anything in the erection, installation, extension or material alteration or repair of a building, structure, or thing that is required to have a building permit as regulated by the Act, and Building Code and includes the installation of a building unit fabricated or moved from elsewhere and "construction" has a corresponding meaning Construction Site means any site in respect of which a permit has been issued for under the authority of the Building Code and Act. Final Inspection Report means a report issued when all outstanding items on a Provisional Occupancy report including grading have been completed to the satisfaction of the Chief Building Official. Ordinary Maintenance means the replacement of building components or systems where such replacement conforms to the Building Code and the manufacturer's installation guidelines and where such replacement does not include nor affect the performance of any life safety system, stairway, means of egress, exit, structural element, plumbing, heating or ventilation system and where such replacement does not include the cutting away nor adding to in part or in whole of any wall, partition, floor, ceiling, foundation or roof. Owner shall mean the registered owner of the property and includes a lessee or mortgagee in possession of the property;

2 Permit means the written authorization by the Chief Building Official to do work or to occupy a building or a part thereof in accordance with the Act, the Building Code and this by-law. Provisional Occupancy Permit means a permit issued to allow occupancy of a building prior to its completion. Re-inspection means any inspection of a construction stage made pursuant to a previous inspection of the same construction stage. Valuation means the total cost of all work relating to the permit including the cost of all material, labour, equipment, over-head, professional and related services. Terms not defined in this by-law shall have the meaning given to them in the Act, or the Building Code. 2 CLASSES AND SUBCLASSES OF PERMITS 2.1 Classes and subclasses of perrr~its regarding buildings are set forth in Part 4 of this bylaw and in Schedule " A appended to and forming part of this by-law. 3 PERMIT APPI-ICATIONS - GENERAL 3.1 No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued by the Chief Building Official to do so under Section 8 of the Act. 3.2 To obtain a permit the applicant, will file an application in writing on the standard provincial application form, available through the Town of Carleton Place, and will supply any other information relating to the application as required by the Chief Building Official. (The applicant must be the owner, the person authorized by the owner or the person authorized to bind the corporation or partnership.) 3.3 Except Buildings designated under the Ontario Heritage Act, no permit will be required for ordinary maintenance of buildings. 3.4 A separate application shall be filed for every separate building, unless otherwise specified by the Chief Building Official. 3.5 Separate subclasses of constr~~ction may be combined into one application for a permit as set forth in Schedule "A, appended to and forming part of this by-law. 4 APPLICATION REQUIREMENTS 4.1 BUILDING PERMIT GENERAL 4.1.I Every building permit application for the construction of, addition to or material alteration - of a building or designated structure defined by Division A Part 1 and Division C Part 1 of the Ontario Building Code will:

3 identify and describe in detail the work to be covered by the permit for which the application is made, identify and describe in detail the existing uses and the proposed uses for wl-~ich the buildings are intended; describe the land on which the work is to be done, by a description that will readily identify and locate the site on which construction or demolition is to occur: be accompanied by plans and specifications as described in Section 5 of this by-law and in Schedule "6" attached and forming part of this By-law; be accompanied by the required refundable deposits in accordance with Schedule "A" attached to and forming part of.this by-law and payment of required fees upon permit issuance in accordance with Section 6 of this by-law 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; include schedule 1 (part of the standard provincial application form) completed by the qualified designer taking responsibility or the homeowner where applicable and where permitted under Division C Part 3 Section 3.2. when Division C Part 1 Section 1.2. of the Ontario Building Code applies, be accompanied by a signed acknowledgment of the owner on a form prescribed by the Chief Building Official 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; when Division C Part 1 Section 1.2. of the Ontario Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Buildirlg Of.ficial, undertaking to provide general review of the construction or demolition of the building; include, where applicable, the registration number of the builder or vendor as provided in The Ontario New Home Warranties Plan Act; state valuation of the proposed work; and be signed by the applicant who will certify as to the truth of the contents of the application Prior to the issuance of a permit, the owner shall obtain and submit with the application - such approvals as may be required under any other applicable law When a permit for a portion of the building is desired, an application will be made for the portion of the work which approval is desired. 3

4 The application will state the entire project proposed Plans and specifications to cover the part of the work for which approval is desired, together with such information about the remainder of the work as may be required by the Chief Building Official The Chief Building Official will, where conditions have been fulfilled, issue a permit for part of a building, subject to compliance with the Act, the Building Code and any other applicable law Where a permit has been issued for the portion of work desired, it shall not be misconstrued to authorize construction beyond that for which approval was given nor will that approval necessarily be granted for the entire building or project. 4.2 CHANGE OF USE PERMIT In addition to the requirements listed in Section 4.1 above, every application for a change of use permit shall: describe the building or part thereof in which the occupancy is to be changed; and include plans and specifications that show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the requirements of the Ontario Building Code including but not limited to floor plans, details of wall, floor and roof assemblies, required fire resistance ratings, load bearing capacities, fire suppression and detection systems. 4.3 CONDITIONAL PERMIT In addition to the requirements of Section 4.1 above, every application for the construction of a building or designated structure shall; state the reason why the applicant believes that unreasonable delays in construction would occur if a conditional permit were not granted; state necessary approvals that niust be obtained in respect of the proposed building and the 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 Where a conditional permit is issued, this shall not be construed to authorize construction beyond that for which approval was given nor will approval necessarily be granted for the entire building or project If a conditional permit application is refused it cannot be appealed in accordance with - Section 25. (1) of the Ontario Building Code Act, 1992, as amended.

5 4.4 DEMOLITION PERMIT The requirements of Section 4.1 shall apply to demolition permit applications for demolition of all or part of a building or designated structure Satisfactory proof that arrangements have been made with the proper authorities for the notification, cancellation and capping of all the water, sewers, gas, electric, telephone or other utilities, and any other services like the Fire Department shall be submitted with the demolition permit application. Proof must be provided to the Chief Building Official If Division C Part 1 Section 1.2. of the Ontario Building Code applies to an application for a demolition permit a method of demolition shall be submitted with the application. 4.5 HEATING, VENTILATION AND AIR CONDITIONING (HVAC) Section 4.1 shall apply to heating, ventilation and air conditioning permit applications The HVAC permit application shall specify the dwelling unit type (per Ontario Building Code Division B Part 9 Section 9.32) The mechanical ventilation system type, design and calculations as applicable shall be submitted with the application for a permit All heat loss calculations shall be provided by the applicant along with the manufacturers - technical and installation details. 4.6 PLUMBING PERMIT Section 4.1 shall apply to the plumbing permit application The Chief Building Official may require every application for a plumbing permit to add, alter or remove plumbing include appropriate layout drawings. 5 PLANS AND SPECIFICATIONS 5.1 Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether the proposed construction, demolition or change of use will conform to the Act, the Ontario Building Code and any other applicable law. 5.2 Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by 2 complete sets of plans and specifications as specified in Schedule "B" appended to and forming part of this By-law. 5.3 Plans shall be drawn to scale and legible (must be in pen or other permanent type medium) On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans and drawings in accordance with the Act.

6 Plans and specifications furnished according to this by-law or otherwise required by the Act become the property of the Town of Carleton Place and will be disposed of or retained according to relevant legislation. Where an applicant or a permit holder is proposing to make changes to plans submitted to the Chief Building Official anytime after the examination of those plans has been substantially completed, the permit holder shall submit: an application in writing for the review of revised plans revised plans, specifications and other documents as applicable the revision to permit fee as specified in Schedule "A" appended to and formirrg part of this by-law, and where the revision results in a change to the valuation of the project, the difference will be accounted for in an adjustment to the permit fee. Where an application 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 following information will be provided: a description of the proposed material, system or building design for which authorization under Section 9 of the Act is requested; any applicable provisions of the Ontario Building Code; and evidence that the proposed material, system or building design will provide the level of performance required by the Ontario Building Code The authorization will show whether the Chief Building Official has allowed the use of the proposed material, system or building design and if allowed, the reasons why the Chief Building Official was of the opinion that the material, system or building design will provide the level of performance required by the Ontario Building Code. PERMIT FEES The fees will be determined in accordance with Schedule "A" appended to and forming part of this by-law. No application shall be accepted until the deposit or fee, in accordance with Schedule "A", has been paid. No permit shall be issued until all the required fees in accordance with Schedule "A" are paid. In respect to an application made for a change of use permit, the floor area will mean the total floor space subject to the change of use. The Chief Building Official may place a valuation on the cost of work for the purpose of establishing the permit fee.

7 Where the applicant disagrees with the valuation placed on.the proposed work, the applicant will pay the required fees under protest, and within six months of initial occupancy of the project, submit to the Chief Building Official a statement audited by a licensed Chartered Accountant detailing the actual cost of all component parts of the work. Where the audited costs are determined to be less than the valuation assigned by the Chief Building Official, a refund of the said amount will be paid to the permit holder. REFUNDS Upon written request by the applicant for a refund, in the case of abandonment of all or a portion of the work or of the non-commencement of any project, the Chief Building Official will determine the amount of permit fees that may be returned to the owner in accordance with Schedule "C" appended to and forming part of this by-law. The deposit fees listed in Schedule " A shall be refunded upon the issuance of a passed final inspection report. Unless otherwise specified by the Chief Building Official: no refund shall be given if a passed final inspection report is not issued within one year from date of permit issuance no refund shall be given if a building is occupied prior to receiving an occupancy permit $ will be deducted for each requested re-inspection where identified deficiencies have not been corrected. FENCING The person to whom a building permit was issued to for the constr~~ction of a single family residence may be required to build and maintain a fence enclosing the construction site in accordance with the provisions of this by-law. Every fence required under this by-law will be located on the construction site or as determined by the Chief Building Official and will be constructed: a height of 1.2m (4ft) minimum measured from the highest adjacent grade; if of chain link, will be fastened to a 38mm diameter metal bar that is securely fastened to metal posts spaced not more than 3m on centre and embedded into the ground to provide rigid support; if of wood, the exterior face will be 12mm exterior grade plywood, particle board or equivalent material, that will not provide footholds for climbing and will be supported by 89mmX89mm (4"X4") nominal size posts spaced not more than 2.4m (8 ft) on centre and embedded into the ground to proved rigid support;

8 8.2.4 if of snow fence or plastic mesh type, will be securely fastened to T-bar posts spaced not more than 2.4m (8ft) on centre and embedded into the ground to provide rigid support; Other materials or methods other than detailed in this subsection may be used provided that there is an equivalent degree of safety and as approved by the Chief Building Official; The site will be maintained at all times to prevent access to the construction site by unauthorized persons. 9 ADMINISTRATION 9.1 Notices for inspections respecting stages of construction required by Division C Part 1 Section of the Ontario Building Code will be given to the Chief Building Official at least two (2) working days before each stage of construction specified therein unless otherwise specified by the Chief Building Official. 9.2 Where the property changes ownership the new owner shall: file an application with the Chief Building Official; supply such information that will address any concerns affected by the change of ownership and submit the fee specified in Schedule " A at time of application. 9.3 Wliere an Agency Letter of Approval is required the owner shall: provide a letter to the Chief Building Official requesting an Agency Letter of Approval be completed. The letter must have the correct legal name of the establishment requesting approval; submit a site plan and 2 sets of fully dimensioned floor plans indicating a seating plan of the area(s) to be licensed, exits, washrooms etc. and submit the fee specified in Schedule "A" at time of application. 9.4 Where a Building Code Compliance Report is requested the applicant shall: provide a letter to the Chief Building Official requesting a Building Code Corr~pliance Report along with the legal description of the requested property and submit the fee specified in Schedule " A at time of request. 9.5 Contravention of this by-law is an offence under the Act section 36, and amendments thereto.

9 10 PENALTY 10.1 Any person who contravenes any of the provisions and/or the procedures of this by-law with respect thereto is guilty of an offence and the enforcement and the penalty imposed thereunder shall be subject to the provisions of The Provincial Offences Act, R.S.O. 1990, Chapter p.53 and any amendments thereto, and the penalty for the commission of any such offence shall be provided for in the said Provincial Offences Act. 11 VALIDITY 11.I If any section of this by-law is for any reason deemed invalid, the remaining sections shall remain in effect until repealed Where the provisions of this by-law conflict with the provisions of another by-law in force in the Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail This by-law shall come into force and take effect upon its passing That by-law being a by-law respecting construction, demolition, change of use, permits and inspections for the Town of Carleton Place be and is hereby repealed. 12 SHORT TITLE 12.1 This by-law shall be cited as the "Building By-law" 13 REPEAL 13.1 That By-law be hereby repealed in its entirety and amendments thereto 13.2 That this By-law be effectively immediately READ A FIRST TIME, SECOND TIME, THIRD TIME AND FINALLY PASSED THIS 1 ST DAY OF AUGUST Paul Dulmage, Mayor

10 ' I SCHEDULE "A" PERMIT N PE FEE (minimum) DEPOSIT - due at - Residential 1 $10.001m2 ($100.00) New Construction and Additions / Residential Renovations I 2% of valuation ($100.00) I Material alterations that affect the building envelope, ( 1 structure, building layout or fire safety P- ( Plumbing I Residential Finished Basement When rough in plumbing is provided, the fee will be 1 included automatically - Decks & Porches Attached decks shown on the permit application drawings for new dwelling units and constructed prior to the occupancy will be free Garages AttachedlDetached Storage ShedslAccessory Buildings Solid Fuel Burning Excludes gas/propane/oil fired appliances covered under other regulatory Codes Commercialllndustrialllnstitutional Construction Includes additions and renovations not mentioned 1 elsewhere -- 1 Demolition t 1 Conditional Change of Use Additional permits may be required to cover construction required to accommodate proposed new 1 use TransferlRenewal of Permit - Revision to Permit Changes that require Building Code analysis or that effect size or safety of the building and its components I - Starting Penalty to Fee construct prior to permit issuance bgency Letter of Approval $ per new unit 50% of permit cost ($100.00) (minimum of $ and maximum of $ ) ($100.00) per bay $5.00/m2 ($100.00) ($ ) 2% of valuation for first $500, and 1% of valuation thereafter ($500.00) ($100.00) ($500.00) plus applicable building ~ermit fees and 50% of normal permit fee for type of project or $ which ever is greater ($200.00) I -- Security fee at CBO's discretion (minimum of $100.00) N/A (fee to be paid at time of application) N/A (fee to be paid at 10

11 1 Building Compliance Report ($30.00) 1 time of application) 1 SCHEDULE "B" REQUIRED DRAWINGS* Provide two copies of each (plans must be fully dimensioned): 1 Site plan showing property lines and their location to the structure(s) 2 Drainage and grading plan 3 Foundation plan 4 Floor plan 5 Floor framing layout 6 Roof truss layout 7 Reflected ceiling plans 8 Heating ventilation and air conditioning drawings 9 Elevations (external view of sides) 10 Cross section (internal view) 11 All specifications (including plumbing, heating, ventilation and electrical) 12 Detail drawings of elements not clearly shown or obvious on the above-noted drawings. 13 Structural elements not prescribed in the Ontario Building Code will require.the submission of a Professional Engineer's verification of the plans or complete detailed design calculations. 14 Plumbing drawings 15 Additional drawings as specified by the Chief Building Official *Please note: The Chief Building Official may specify that not all of the above mentioned plans, drawings or specifications are required to accompany an application for a permit. REFUNDS - PERMIT FEES SCHEDULE "C" 1. The Fees that may be refunded will be a percentage of the fees paid under this by-law but shall not be less than the minimum in Schedule "A". The refunds are calculated as follows: 4.2 Seventy-five (75%) percent if only administrative and zoning functions have been performed. 4.3 Forty-five (45%) percent if administration, zoning and plans examination have occurred. 4.4 Ten (10%) percent will additionally be deducted from the refund for each field inspection performed 4.5 Zero (0%) when the refund is calculated to be less than the minimum fee in Schedule " A 2. Cancellation of an application or permit must be made in writing to the Chief Building Official.