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HomeMy WebLinkAboutKIN 94 021 T of K Bldg. Bylaw THE CORPORATION OF THE TOWN OF KINCARDINE · - - \\ '"::~~~.. )! . .............. :..... BY-LAW BY-LAW NO. 1994-21 A BY-LAW UNDER THE BUILDING CODE ACT RESPECTING PERMITS AND RELATED MATTERS · WHEREAS Section 7 of the Building Code Act, 1992, authorizes a municipal council to pass by-laws concerning the issuance of permits and related matters. NOW THEREFORE the Council of The corporation of The Town of Kincardine ENACTS as follows: 1.0 DEFINITIONS AND WORD USAGE 1.1 "Act" means the Building Code Act, 1992, as amended. 1.2 "applicant" means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or any person or corporation empowered by the statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation. 1.3 "Building Code" means the regulation made under Section 34 of the Act. · 1.4 "Chief Building Official" means the Chief Official appointed by Council under Section Act. Building 3 of the 1.5 "Building Inspector" means the Building Inspector appointed by Council under Section 3 of the Act. 1.6 "Occupancy" means the use or intended use of the building or a part thereof. 1.7 "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. 1.8 . 1.9 · "permit" means permission or authoriztion given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. "permit holder" means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act or the Building Code. ... ./2 · . · · . . Building By-Law No. 1994-21 Page 2 1.10"Town" shall mean The Corporation of the Town of Kincardine. Terms not defined in the By-law shall have the meaning ascribed to them in the Act or the Building Code. 3. CLASSES OF PERMITS Classes of permit required for construction, demolition or change of use are set forth in Schedule "A" appended to and forming part of this By-law. 4 . PERMITS 4.1 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief Building Official, and shall supply any other information relating to the application as required by the Chief Building Official. 4.2 Every building permit application shall: 4.2.1 identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; 4.2.2 4.2.3 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; 4.2.4 be accompanied by plans and specifications as described in the By-law; be accompanied by the required fees as calculated in accordance with Schedule "A"; 4.2.5 4.2.6 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; 4.2.7 when section 2.3 of the Building Code applies, be accompanied by a signed acknowledgement 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; 4.2.8 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 by the Chief Building Official, 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; 4.2.9 ... ./3 · . · · . · 4.2.10 Building By-Law No. 1994-21 Page 3 state estimated valuation of the work including material and labour; proposed and be signed by as to the application; 4.3 In addition to the requirements of subsection (2) above, every demolition permit application shall: 4.2.11 the applicant who shall certify truth of contents of the 4.3.1 when section 2.3 of the Building Code applies, it must be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. 4.4 In addition to the requirements of subsection 4.2 above, every construction permit shall: 4.3.2 4.4.1 include project; for the entire an application and include plans and specification 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 Building Official. 4.5 In addition to the requirements of subsection 4.2 above, every conditional permit application for the construction of a building shall: 4.4.2 4.5.1 state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and 4.5.2 state necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained. 4.6 In addition to the subsection 4.4.2 above, application shall: applicable requirements of every change of use permit 4.6.1 describe the building or part thereof in which the occupancy is to be changed; and include plans and specifications which 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 Building Code including, floor plans, details of wall, floor and roof assemblies identifying the required fire resistance rating and load bearing capacities. 4.6.2 ... ./4 · . · · . . 4.2.10 Building By-Law No. 1994-21 Page 3 state estimated valuation of the work including material and labour; proposed and 4.2.11 be signed by as to the application; the applicant who shall certify truth of contents of the 4.3 In addition to the requirements of subsection (2) above, every demolition permit application shall: 4.3.1 when section 2.3 of applies, it must structural design building and the method the demolition; and the Building Code be accompanied by characteristics of and time schedule of 4.3.2 be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. 4.4 In addition to the requirements of subsection 4.2 above, every construction permit shall: 4.4.1 include project; for the entire an application and include plans and specification 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 Building Official. 4.5 In addition to the requirements of subsection 4.2 above, every conditional permit application for the construction of a building shall: 4.4.2 4.5.1 state the reasons why the applicant believes that unreasonable delays 1n construction would occur if a conditional permit is not granted; and 4.5.2 state necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained. 4.6 In addition to the subsection 4.4.2 above, application shall: applicable requirements of every change of use permit 4.6.1 describe the building or part thereof in which the occupancy is to be changed; and include plans and specifications which 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 Building Code including, floor plans, details of wall, floor and roof assemblies identifying the required fire resistance rating and load bearing capacities. 4.6.2 . .. . /4 · 4.8 . 4.9 Building By-Law No. 1994-21 Page 4 4.7 The Chief Building Official shall, where conditions in subsection 4.4 above have been fulfilled, issue a permit for part of the building subject to compliance with the Act, the Building Code and any applicable law. · The Chief Building Official may, where conditions in Subsection 8(3) to 8(5) of the Act and subsection (5) above have been fullfilled, issue a conditional permit for a building subject to compliance with the Act, the Building Code and any applicable law. The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.4 and 4.5 be under any obligation to grant any further permit or permits therefore. 4.10 For the construction of buildings, two separate permits are required; one for the foundation and one for the remainder of the building. Prior to issuing the permit for the remainder of the building, the Chief Building Official will require a location survey for the foundationb detailing out both the location ogf the foundation in realtion to tghe lot lines and the elvation of the top of the foundation in order to ensure that the building will conform with all applicable laws including the Town's Comprehensive zoning By-Law. 4.11 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5. PLANS AND SPECIFICATIONS 5.1 Every applicant shall furnish, 5.Ll sufficient plans, specifications, documents and other information to enable the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act and the Building code; and · 5.1.2 a site plan reference to a current plan of survey certified by a registered ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building 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. site plan will include: 5.1.2(a) . 5.L2(b) 5.1.2(c) . 5.1.2(d) a lot size and dimensions of property; setbacks from existing proposed buildings to property boundries and to each other; existing and finished ground levels or grades; and existing rights of way, easements and municipal services. ... ./5 · . · · . · Building By-Law No. 1994-21 Page 5 5.2 Plans submitted shall scale upon paper or material. be legible and be drawn to other suitable and durable 5.3 The Chief Building Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for permit having regard for the requirements of any Act, regulation or By-law respecting the examination or circulation of the application. 5.4 On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of the building. 5.5 Plans and specifications furnished according to this by-law or otherwise required by the Act become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. 6. FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule "A" for the work proposed and the applicant shall pay such fees, as established by the Town's Consolidated Fee Fy-Law as amended from time to time. No permit shall be issued until the fees therefore have been paid in full. 6.2 upon written request, the Chief Building Official shall determine the amount of fees, if any, that may be refunded in accordance with Schedule "C" in the case of: 6.2.1 withdrawal of an application, 6.2.2 abandonment of an application pursuant of subsection 4(10) above, 6.2.3 refusal to issue a permit, or 6.2.4 request for revocation of a permit to Clause 8(10)(e) of the Act. pusuant 6.3 Subject to subsection 7.1, there shall be no of permit fees where a permit has been revoked. refund 7. PERMIT REVOCATION, DEFERRRAL OF REVOCATION AND TRANSFER 7.1 Revocation of Permit 7.1.1 Prior to revoking a permit under Clauses 8(10)(b) and (c) of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at this last known address and if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. ....../6 · . · · . . Building By-Law No. 1994-21 Page 6 7.2 Deferral of Revocation 7.2.1 On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof the Chief Building Official to defer the revocation of such a permit. 7.2.2 A request for deferral shall set reasons why the permit should not be and the date by which the work commenced or resumed. out the revoked will be 7.2.3 Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date and shall notify the permit holder. A request for deferral of revocation is subject to a fee in accordance with Schedule ItA" . 7.2.4 7.3 Transfer of Permit 7.3.1 Permits are transferrable only upon the new owner completeing a permit application to the requirements of Section 4. 7.3.2 A fee, as prescribed in schedule "A" shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder of the purpose of the Act and the Building Code. 8. NOTIFICATIONS 8.1 Notices of inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. 8.2 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. 9. SEVERABILITY 9.1 Should any section, subsection, clause or prov1s1on of this By-law be 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 part so declared to be invalid. 10. REPEAL 10.1 THAT same 11. SUNDRY By-law Number 1990-25, as amended, be is hereby replealed. the and 11.1 Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, R.S.O. 1990, Chapter P.33. ...../7 · . · · . · Building By-Law No. 1994-21 Page 7 11.2 This by-law shall come into full force and effect upon its final passage. 11.3 This by-law may be cited as the "Town of Kincardine Building By-Law". READ a FIRST and SECOND time this 17th day of March, 1994. READ a THIRD time and FINALLY PASSED this 7th day of April, 1994. ~~~ Mayor Clerk SCHEDULE "A" TO BY-LAW CLASSES OF PERMITS · 1. (a) (b) . (c) 2. (a) (b) New buildings (greater that 10 square metres). New buildings (greater than 10 square metres) that will have finished basements shall pay an additional surcharge for each square foot of basement area. New accessory buildings (greater that 10 square metres). Additions to existing buildings Additions to existing accessory buildings 3. 4. 5. 6. · 7. 8. Alterations, additions and repairs to existing buildings. Demolition of a building or portion thereof. Moving permits for buildings. All new and additions to farm buildings exclusive of dwellings. Swimming pools (above or in-ground). Change of occupancy permit (inspection of building in which occupancy is changed to more hazardous, refer to Code Sec. 11.3.4. 9. Renewal permits. 10. Occupancy permits (section 2.4 of the regulations, refers to occupancy of partially completed buildings other than single family dwellings. 11. Re-insulation of existing building (if requested). 12. Building Deposit (a) Buildings with up to 3 units (b) Buildings with more than three units in 1 structure (c) Project with more than one building · 13. Chimneys and fireplaces. 14. Sign permit (those signs regulated by Section 3.8 of the Code and the Town of Kincardine sign by-law). 15. Miscellaneous inspections. 16. Zoning compliance certificate. -. ·