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HomeMy WebLinkAbout05 154 Mun. of Kin. Building THE CORPORATION OF THE MUNICIPALITY OF KINCA INE e BY-LAW NO. 2005 -154 A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION AND CHANGE OF USE PERMIT AND INSPECTIONS e WHEREAS Section 7 of the Building Code Act, S.O. 1992, c. 3, as amended, empowers municipal councils to pass by-laws respecting constru ion, demolition and change of use permits and inspections; AND WHEREAS pursuant to the said Building Code Act, Sect n 35, provides that that Act and the Building Code supersede all municipal by laws respecting the construction or demolition of buildings; AND WHEREAS pursuant to the said Building Code Act, Secti n 3(1) provides that the council of each municipality is responsible for the enforc ment of this Act in the municipality; AND WHEREAS pursuant to the said Building Code Act, Secti n 3(2) provides that the council of each municipality shall appoint a Chief Buil ing Official and such inspectors as are necessary for the enforcement of this A in the areas in which the municipality has jurisdiction; NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine enacts as follows: 1. CITATION AND DEFINITIONS e 1.1 Definitions In this by-law, a. "Act" means the Building Code Act, S.O. 1992, c. 2 ,as amended; b. "As constructed plans" means a constructed pia s as defined in the Building Code; "Architect" means a holder of a license, a certificaie of practice, or a temporary license under the Architect's Act a~ defined in the Building Code: c. d. "Building" means a building as defined in Section 1 (1) of the Act; "Building Code" means regulations made under c:lection 34 of the Act; l e. e . . . /2 e e !e e Page 2 Municipality of Kincardine Building By-law By-law No. 2005 - 154 f. "Building Inspector" means the Building Inspect r appointed by the by-law of the Corporation of the Municipality f Kincardine for the purposes of enforcement of the Act; g. "Chief Building Official" means the Chief appointed by the by-law of the Corporation of th Kincardine for the purposes of enforcement of the uilding Official Municipality of ct; h. "Complete" means a building permit application in 2.4.1.1 A building code submitted with all req appended in order to comply with the building pe noted in 2.4.1.1 B building code; ccordance with ired approvals it timelines as i. "Corporation" means the Corporation of the Municipality of Kincardine; j. "Demolish" means demolish as defined in the build ng code; k. "Farm Building" means a farm building as define in the building code; I. "Final Occupancy" means when all outstanding it ms on a partial Occupancy including grading have been completed; m. "Owner" means the registered owner of the land and includes a lessee, mortgagee in possession and the person i charge of the property, acting as the authorized agent of the own r; n. "Partial Occupancy" means a permit issued to allo occupancy of a building prior to its completion in accordance with Section 2.4.3.1 building code; o. "Permit" means written permission or written autho 'zation from the Chief Building Official to perform work regulated by this by-law and the Act, or to change the use of a building or part f a building or parts thereof or, in the case of an occupancy per it, to occupy a building or part of a building or parts thereof; p. "Plumbing" means plumbing as defined in Section (1) of the Act; q. "Residential construction site" means any con truction site in respect of which a building permit has been ssued for the construction of a new building consisting of a sing e dwelling unit where such excavation is within 2 m of another oc upied dwelling unit except where the site is within a registered pia of subdivision which subdivision is being developed for the first tim ; r. "Sewage System" means a sewage system as de ined in Section 1 (1) of the Regulations s. Other terms which may be used in the by-law and whic are defined in the Building Code Act, 1992, including "change certifica e"; "construct"; "demolish"; "director"; "final certificate"; "inspect r"; "Minister"; "municipality"; "officer"; "planning board"; "plans revi w certificate"; "principal authority"; "registered code agency"; and "reg lations". . . . /3 Page 3 Municipality of Kincardine Building By-law By-law No. 2005 - 154 2. PERMITS e 2.1 Classes of Permits Ontario Buildin Code Act Section 7 Classes of permits required for any stage of construc ion, demolition, change of use, occupancy of a partially complete buil ing, conditional permits and other classes as set forth in Schedule "A" a pended to and forming part of this by-law. 2.2 A lication for Permit Ontario Buildin Code Act Section 7 b 2.2.1 To obtain a permit an applicant shall file a "com let " application in writing on forms regulated by the Province of Ontario an those required by the Chief Building Official. 2.2.2. Every application for a permit shall be submitted to th Chief Building Official, and contain the following information: (a) Where application is made for a constructio permit under Subsection 8(1) of the Act, the application shall: e (i) use the provincial application form, "Applica ion for a Permit to Construct or Demolish"; (ii) include plans, specifications, forms, docu ents and other information as may be required by Article 2.4.1.1 B of the Building Code and as prescribed in this by-I w for the work to be covered by the permit; (iii) include the proposed or existing occupancy f all parts of the building; (iv) include the required fee as prescribed by th Municipality of Kincardine Consolidated Fee By-law as am nded from time to time; and (v) for the construction of buildings, two separ te permits are required; one for the foundation and one for t e remainder of the building. Prior to issuing the permit for t e remainder of the building, the Chief Building Official will re uire a location survey for the foundation detailing both the location of the foundation in relation to the lot lines and the levation of the top of the foundation in order to ensure that he building will conform with all applicable laws including b t not limited to the Municipality of Kincardine's Comprehen ive Zoning By- law as amended from time to time. e (b) Where application is made for a demolition permit under Subsection 8(1) of the Act, the application shall: (i) use the provincial application form, "Applicati n for a Permit to Construct or Demolish"; (ii) include plans, specifications, forms, docum nts and other information required by Article 2.4.1.1 B of th Building Code and as prescribed in this by-law for the wor to be covered by the permit; e . . . /4 Page 4 Municipality of Kincardine Building By-law By-law No. 2005 - 154 Ie (iii) be accompanied by satisfactory proof th t arrangements have been made with the proper aut orities for the termination and capping of all the water, se er, gas, electric, telephone or other utilities and services; (iv) include the existing occupancy of all parts 0 the building; (v) include the required fee as prescribed by t e Municipality of Kincardine's Consolidated Fee By-law as amended from time to time. (c) Where application is made for a condition I permit under Subsection 8(3) of the Act, the application sail: (i) use the provincial application form, "Applic tion for a Permit to Construct or Demolish"; e (ii) include two complete sets of plans, spec fications, forms, documents and other information required b Article 2.4.1.1 B of the Building Code and as prescribed in t is by-law for the work to be covered by the permit; (iii) include the proposed or existing occupancy f all parts of the building; (iv) include the required fee as prescribed b Municipality of Kincardine's Consolidated Fee By-law as amended from time to time. (v) state the reasons why the applican believes that unreasonable delays in construction w uld occur if a conditional permit is not granted; (vi) state the necessary approvals, which mu be obtained in respect of the proposed building and the ti e in which such approvals will be obtained; e (vii) include an agreement in writing by the ap licant and such other persons as the Chief Building Official determines with the Corporation dealing with the matters req ired pursuant to Section 8(3)(c) of the Building Code Act as mended; and (viii) state the time in which plans and spe ifications of the complete building will be filed with the Chief Building Official. (i) use the provincial application form, "Applic tion for a Permit to Construct or Demolish"; (d) Where application is made for a Change of U e permit issued under Subsection 10(1) of the Act, the appl cation shall be submitted to the Chief Building Official and shall: (ii) describe the building in which the occ pancy is to be changed, by a description that will readily i entity and locate the building; e (iii) identity and describe, as required by th Chief Building Official, the current and proposed occ pancies of the building of part of a building for which t e application is made; . . . /5 _ _ _ _ 2.3 2.4 2.4.1 2.4.2 Page 5 Municipality of Kincardine Building By-law By-law No. 2005 - 154 (iv) include, as required by the Chief Building 0 icial, plans and specifications which show the current and proposed occupancy of all parts of the building an which contain sufficient information to establish comp iance with the requirements of the Building Code, inclu ing floor plans, details of walls, ceiling and roof assem lies identitying required fire resistance ratings and load baring capacities and details of the existing sewage system, if any; (v) include the required fee as prescribed b Municipality of Kincardine's Consolidated Fee By-law as amended from time to time. (vi) state the name, address and telephone number of the owner; and (vii) be signed by the owner or his or her auth rized agent who shall certity the truth of the contents of the a plication. (e) Where application is made for a plumbing permit u der Subsection (8)(1) of the Act, the application shall: (i) use the provincial application form, "Applica ion for a Permit to Construct or Demolish"; (ii) include the required fee as prescribed b Municipality of Kincardine's Consolidated Fee By-law as amended from time to time. (iii) include such other information, methods a d specifications concerning the complete project as the Chie Building Official may require. Revision to Permit After issuance of a permit under the Act, notice of any m terial change to a plan, specification, document or other information on th basis of which a permit was issued, must be given in writing, to the Chie Building Official together with the details of such change, which is not to e made without his or her written authorization. Plans and S ecifications Ontario Buildin Code Act Sect on 7 b Sufficient information shall be submitted with each applic tion for a permit to enable the Chief Building Official to determine wh ther or not the proposed construction, demolition or change of use will onform with the Act, the Building Code and any other applicable law. Each application shall, unless otherwise specified by th Chief Building Official, be accompanied by two complete sets of the plans and specifications required under this by-law. 2.4.3 Plans shall be drawn to scale on paper or other durable aterial, shall be legible and, without limiting the generality of the foregoi g, shall include such working drawings as set out in Schedule "C" to this By-law unless otherwise specified by the Chief Building Official. .. . /6 e e e e Page 6 Municipality of Kincardine Building By-law By-law No. 2005 - 154 2.4.4 Site plans shall be referenced to an up-to-date survey hen required by the Chief Building Official to demonstrate compliance ith the Act, the Building Code or other applicable law, a copy of the survey shall be submitted to the Chief Building Official. Site Plans shall sow: (a) Lot size and the dimensions of property lines and setbacks to any existing or proposed buildings; (b) existing and finished ground levels or grades; (c) existing rights-of-way, easements, municipal servi es and fencing; and (d) proposed fire access routes and existing fire hydra t locations. 2.4.5 The granting of a permit, the review of the drawings and pecifications or inspections made by the Chief Building Official or an insp ctor shall not in any way relieve the owner of a building from full responsi ility for carrying out the work or having the work carried out in acco dance with the requirements of this by-law, the Act and the Building Code, including ensuring that the occupancy of the building, or any p rt thereof, is in accordance with the terms of this by-law and the Bu Iding Code, as amended. 2.4.6 The Chief Building Official may require that a set of plan of a building or any class of buildings as constructed be filed with th Chief Building Official on completion of the construction under such cond tions as may be prescribed in the Building Code (Ontario Building Code A ,Section 7(g). 2.4.7 The Chief Building Official may deem an application for been abandoned and cancelled six months after the dat such application is being seriously proceeded with. 2.5 Equivalents permit to have of filing, unless The Chief Building Official may allow the use of materia s, systems and building designs that are not authorized in the B ilding Code in accordance with Section 9 (1) of the Ontario Building Cod Act. 3. FEES (Ontario Building Code Act, Section 7(c)) 3.1 Fees for a required permit shall be as prescribed by Kincardine's Consolidated Fee By-law as amended fro known as the "Fees and Licenses By-law" passed by th Municipality of Kincardine Municipality of time to time, Council of the 3.2 Where application is made for a conditional permit, the conditional application fee shall be payable at the application fo permit and in addition to this fee prior to issuance of the conditi nal permit the applicable construction permit fee shall be paid for the co plete project. 3.3.1 Where the fees payable in respect of an application for construction or demolition permit issued under Subsection 8(1)or 8(3) of the Act are based on a floor area, floor area shall mean the total fI or space of all storeys including storeys below the first storey (except the unfinished floor area below the first storey in single family dwellings) easured as the horizontal area between the exterior walls of the building. . . . /7 e e e e Page 7 Municipality of Kincardine Building By-law By-law No. 2005 - 154 3.4 With respect to an application for a change of use per it issued under Subsection 10(1) of the Act the change of use permit fee s prescribed by Municipality of Kincardine's Consolidated Fee By-law a amended from time to time, shall be utilized when no construction is proposed or required. When construction is proposed or required a will result in a change of use the appropriate construction permit fee s set out in the Municipality of Kincardine's Consolidated Fee By-law a amended from time to time, shall be utilized. 3.5 Refund of Fees (Ontario BuildinQ Code Act. Section 7(d) In the case of withdrawal of an application or the abando ment of all or a portion of the work or the non-commencement of any p ject, the Chief Building Official shall determine the amount of paid per it fees that may be refunded to the applicant, if any, in accordance wi h Schedule "B" attached to and forming part of this by-law. 3.6 Notwithstanding Schedule "B", no refund shall be made 0 an amount less than $10.00 3.7 No refund shall be made unless a written application fo such refund is made by the Owner or his agent and unless the permi is retumed for cancellation. 4. NOTICE REQUIREMENTS FOR INSPECTIONS (Ontari Building Code Act, Section 7{e)) With respect to "additional notices" under 2.4.5.2. of th Building Code, the owner or an authorized agent shall notity the Chief B ilding Official or an inspector at least two business days prior to the foil wing stages of construction listed in clauses 2.4.5.2. (1)(a), (b), (c), (g and (h) of the Building Code as amended. 5. TRANSFER OF PERMIT (Ontario Building Code Act, S ction 7(h)) Permits are non-transferable without written consent of t e Chief Buiiding Official and a Transfer of Permit being issued. 6. PRESCRIBED FORMS (Ontario Building Code Act, Se tion 7{f)) The forms prescribed for use shall be regulated by the Pr vince of Ontario and the Chief Building Official 7. PENALTY CLAUSE Section 36 of the Building Code Act provides that a pers n is guilty of an offence under the Building Code Act if a person contrave es the Building Code Act, the regulations or this by-law. . . ,/8 e . e e Page 8 Municipality of Kincardine Building By-law By-law No. 2005 - 154 8. REPEAL CLAUSE By-law 1994-21 of the former Town of Kincardine, By-I w 1985-21 of the Former Township of Kincardine, By-law 1994-10 of the Former Village of Tiverton and By-law 1994-13 of the Former Townshi of Bruce of the Corporation of the Municipality of Kincardine is hereby r pealed. 9. SHORT TITLE This By-law may be cited as the "Municipality of Kinca dine Building By- law". READ a FIRST, SECOND and THIRD TIME and FINALLY PA SED this 21st day of September, 2005 ßlR-¡(.A Mayor ,.---" , Clerk e e e e Page 9 Municipality of Kincardine Building By-law By-law No. 2005 - 154 SCHEDULE "A" 1. Building Permits (Building Code Act, Section 8(1)) may b issued for all types of construction govemed by the building code an may include plumbing, farm buildings, change of use, sewage system and heating, ventilating and air conditioning systems, moving of etc.. 2. Partial Building Permit (Building Code Act, Section 8(1» Partial permits are appropriate where the construction authorized by the ermit complies with the Act, Building Code and other applicable laws): When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit fo the complete building or project, application shall be made and fees paid for that portion of the building or project. Complete plans and specificatio s covering the portion of the work for which immediate approval is desire shall be filed with the Chief Building Official Where a permit is issue for part of a building or project, such permit shall not be construe to authorize construction beyond the plans for which approval was iven nor that, approval will necessarily be granted for the entire building 0 project 3. Conditional Permit may be issued by the Chief Building Official in accordance with Section 2.2.2(c) of this by-law. 4. Change of Use Permit may be issued where a change in u e of a building or part of a building would result in an increase in hazard as determined under Section 2.4.1.2(1) of the Building Code as amended ven though no construction is proposed. 5. Pool Permit may be issued in respect to fencing requireme ts for pools as described in the Municipality of Kincardine By-law 2001-58. 6. Sign Permit may be issued in respect of the structural r uirements for signs as described in Section 3.14 of the Building Code a d Municipality of Kincardine By-law 2003-136. 7. Special Building Permit may be issued for all types f construction governed by the building code and may include plumbing, arm buildings, signs, change of use and heating, ventilating and air condit oning systems at the discretion of the Chief Building Official where onstruction or change of use has commenced prior to the issuance of the ermit. 8. Building Deposit (a) Building with up to three units (b) Buildings with more than three units in one struct re (c) Project with more than one building 9. Zoning Compliance Certificate. 10. Miscellaneous Inspections. , Page 10 Municipality of Kincardine Building By-law By-law No. 2005 - 154 SCHEDULE "B" e REFUND OF BUILDING PERMIT FEES STATUS OF PERMIT PERCENTAGE OF FEE APPLICATION ELIGIBLE FOR REFUND ! Application received No administrative functions done 80% Application received Plans reviewed and permit issued 50% Additional deduction for each field inspection that had been performed 10% e Permits valued at less than $100.00 Nil . e . e e e Page 11 Municipality of Kincardine Building By-law By-law No. 2005 - 154 SCHEDULE "C" LIST OF PLANS, SPECIFICATIONS, DOCUMENTS AND OTHER IN ORMATION TO ACCOMPANY APPLICATIONS FOR PERMITS Plans 1. Ontario Land Surveyors Plans 2. Site Plan 3. Contour of Grade Plans 4. Drainage Plans 5. Foundation Plans 6. Architectural Plans 7. Structural Plans 8. Mechanical and Electrical Plans 9. Reinforced Concrete Plans 1 O. Chimney and Fireplace Plans 11. Renovation and Alteration 12. As Constructed Plans 13. Fire Alarms or Evacuation Plans (within buildings) 14. Fire Protection Plans - showing the type of fire ssemblies, fire separations, fire compartments, and fire resistance ratings within buildings 15. Schematic Plans - showing the type, location and operati n of all building fire emergency systems. 16. On-Site Sewage System Plans Specifications 1. Specification on entrances to the property with necessary approvals in writing. 2. e 3. 4. 5. 6. e Specifications on sewer system and water supply wheth r Municipal or private, with necessary written approvals. Specifications on the proposed occupancies. Specifications on building materials or a method of const ctiòn, and may require to be submitted by a registered professional engine r. Specifications on soils investigations. Specifications on any other applicable law as set out in S ction 8(2)(a) of the Building Code Act, as amended. Documents 1. Trade Certificates and Certification of Qualification. Other 1. Any other information as may be relevant to prove com Building Code Act and Ontario Building Code. NOTE: The Chief Building Official may specity that not all the ave-mentioned plans, specifications and documents are required to accompany an application for a permit.