HomeMy WebLinkAboutKIN 94 021 T of K Bldg. Bylaw
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1994-21
A BY-LAW UNDER THE BUILDING CODE ACT RESPECTING PERMITS AND
RELATED MATTERS
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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.
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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
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1.9
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"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.
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Building By-Law No. 1994-21
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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
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4.2.10
Building By-Law No. 1994-21
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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
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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
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4.8
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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.
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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
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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.
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Building By-Law No. 1994-21
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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.
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Building By-Law No. 1994-21
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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.
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Building By-Law No. 1994-21
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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.
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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
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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.
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