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HomeMy WebLinkAboutKIN 90 025 Building Bylaw . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1990 - 25 TOWN OF KINCARDINE BUILDING BY-LAW WHEREAS the Building Code Act R.S.O. 1980, Chapter 51 provides that the Council of each Municipality is responsible for the enforcement of The Building Code Act and empowers Municipal Councils to pass by-laws prescribing, providing and requiring certain matters. NOW THEREFORE the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1.0 DEFINITIONS For the purposes of this By-law, the following definitions shall apply: 1.1 "Act" means The Building Code Act and the regulations made thereunder; 1.2 "Chief Building Official" or "Chief Official" means the Chief Building Official of the Town of Kincardine and certified as such by the Clerk of the Municipality; 1.3 "Inspector" means a building inspector appointed by the Council of the Town of Kincardine and certified as such by the Clerk of the Municipality; 1.4 "Occupancy" means the use or intended use of a building or a part thereof; 1.5 "Regulations" means the regulations made pursuant to the Act. 1.6 "Construct" means to do anything in the erection, installation or extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere, and "Construction" has a corresponding meaning; 1.7 "Building" means a structure occupying an area greater than ten (10) square metres consisting of a wall, roof and floor, or anyone or more of them, or a structural system serving the function thereof, including all the works, fixtures and service systems, appurtenant thereto, and includes such other structures as are designated in the regulations, but does not include a structure used directly in the extraction of ore from a mine; Page 2 Town of Kincardine Building By-Law No. 1990 - 25 2.0 PERMIT CLASSIFICATION AND APPLICATION PROCEDURE 2.1 Classes of permits with respect to the construction and demolition of buildings shall be as set out in Schedule "A" to this by-law. . 2.2 To obtain a permit for the construction or demolition of a building the owner, or a person authorized as agent for such owner, shall complete and file with the Chief Official an application for a permit in the form prescribed. 2.3 Every application for permit shall: (a) identify and describe in detail the work and proposed occupancy, if any; (b) describe the land by a description that will readily identify and locate the lands where the building is or is intended to be situate; (c) if required by the Chief Official be accompanied by one or more of such plans and specifications prescribed by Schedule "B" to this by-law in duplicate and show the proposed occupancy of all parts of the building; (d) state the valuation of the proposed work and be accompanied by the required fee; (e) state the names, addresses and telephone numbers of the owner, authorized agent, architect, engineer, or other designer and constructor; (f) if required by the Chief Official, be accompanied by a written confirmation from a Municipal Official that the proposed occupancy or use complies with the Restricted Area By-law of the Town of Kincardine; (g) if required by the Chief Official, be accompanied by a letter of opinion made by a member of the Law Society of Upper Canada, that the lands identified in the application are owned by the person named as owner in the application; (h) if required by the Chief Official, be accompanied by engineering reports in respect to all or any part of the work contemplated; (i) if required by the Chief Official, be accompanied by documentation evidencing that an application has been made and approval available for construction of a sanitary disposal system on the lands described in the application; (j) be signed by the owner or his authorized agent who shall certify the truth of the information provided in the application. . 2.4 The Chief Building Official may deem an application for a permit to have been abandoned and cancelled six months after the date of filing, unless such application is being seriously proceeded with. Page 3 Town of Kincardine Building By-Law No. 1990 - 25 . 2.5 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 foundation detailing out both the location of the foundation in relation to the lot lines and the elevation of the top of the foundation in order to ensure that the building will conform with all applicable laws including the Zoning By-law. 2.6 Prior to the issuance of a permit for the moving of a building, a building permit must be issued by the Chief Official having jurisdiction in the Municipality to which the building is being moved. A copy of such building permit must be submitted to the Chief Official issuing the permit authorizing the moving of the building and written approval of the Ontario provincial Police, utility companies, public utility commissions, and Ontario Hydro. 2.7 Permits are non transferrable without written consent of the Chief Building Official. 3.0 PLANS, SPECIFICATIONS AND INFORMATION 3.1 All plans shall be drawn to scale upon paper, cloth or other acceptable materials. 3.2 the Chief Official may, in addition to the plans, specifications and information expressly required by this by-law, require such plans, specifications and information as such Chief Official shall decide is required to determine if the proposed work will conform with the Act, the Regulations and any other applicable law. 3.3 Plans, specifications and information furnished by the application shall be in numbers as prescribed by the Chief Off icial. 3.4 A set of Plans of buildings as constructed for all classes of construction shall be filed with the Chief Official within 30 days of the completion or such other date as the Chief Official shall require. 3.5 If required by the Chief Official, site plans shall be referenced to a current plan of survey, certified by a registered Ontario Land Surveyor and a copy of such survey shall be filed with the Chief Official. The Chief Official may require the filing of a survey showing the location of the building or buildings as constructed. 4.0 APPROVAL IN PART 4.1 When, in order to expedite work, a permit for a portion of the building is desired prior to the issuance of a permit for the whole project, application shall be made and fees paid for the complete project, and complete plans and specifications covering the portion of work for which immediate approval is desired shall be filed with the Chief Official. . Page 4 Town of Kincardine Building By-Law No. 1990 - 25 4.2 Should a holder of gives no remainder permit be issued for part of a building the such permit may proceed but the Municipality assurance that permits required for the of the project will be granted. . 5.0 ÆM..ê. 5.1 Fees for a required permit shall be in accordance with the Town of Kincardine Consolidated Fee By-law, as amended, and the applicant shall pay the prescribed fee before the issuance of the permit. 5.2 Where the fees are based on the cost or valuation of the proposed work, such valuation shall mean the total cost of all work regulated by the permit including cost of professional and related services. 5.3 The Chief Official may place a valuation on the cost of the work. Where the fees are based on the cost or valuation or the proposed work and the applicant or holder disagrees with this valuation, the prescribed fee shall be paid before the issue of the permit. Upon completion of the work, if the actual cost of the work was less than the valuation placed by the Chief Official, an audited statement may be submitted detailing the cost of all component parts of the work. The Chief Official shall, if the statement contains the cost of all component parts of the work upon which the valuation was required to be based, value the work in accordance with this statement and issue the appropriate refund. 5.4 In the case of the non-commencement of any project and upon written request, the Chief Official shall determine the amount of refund or permit fees, if any, that may be returned to the permit holder, in accordance with Schedule "c" to this by-law within 1 year from date of issuance. 6.0 NOTIFICATIONS 6.1 The Owner or his authorized agent shall notify the Chief Official at least two (2) business days in advance of the stages of construction specified in Section 2.10 of the Regulations. 6.2 Notice shall be in writing and be delivered to the Chief Building Official's Office during usual business hours. The notice shall contain the permit number, the name of the owner and the stage of construction. 7.0 SHORT TITLE 7.1 This by-law may be cited as the "Town of Kincardine Building By-law". 8.0 REPEAL FORMER BY-LAW . 8.1 By-law 4465 passed on the 2nd day of September 1982, By- law 1987 - 50 passed on the 3rd day of September, 1987 and By-law 1989 - 53 passed on the 20th day of April, 1989 be and the same are hereby repealed. . . Page 5 Town of Kincardine Building By-law 1990 - 25 8.2 This by-law shall come into effect upon the date of final passing. READ a FIRST and SECOND time this 5th day of April, 1990. ¡Lw d. 9f~ðV Mayor READ a THIRD time and FINALLY PASSED this 19th day or April, 19:90. tLuJ/ d 9Ik Mayor SCHEDULE "A" TO BY-LAW 1990 - 25 CLASSES OF PERMITS 1. (a) New Buildings (greater than 10 square metres). (b) New Accessory Buildings (greater than 10 square metres). . 2. 3. 4. 5. 6. 7. Alterations, addition 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. Change of Occupancy Permit (inspection of building in which occupancy is changed to more hazardous, refer to Code Section 3.2.9) . 8. Renewal Permits. 9. Occupancy Permits (Section 2.7.1 and 2.7.2 of the regulations, refers to occupancy of partially completed buildings other than single family dwellings). 10. Re-Insulations of Existing Building (if requested). 11. Chimneys and Fireplaces. 12. Sign Permit (those signs regulated by Section 3.7 of the Code and the Town of Kincardine Sign By-law). 13. Miscellaneous Inspections. . PLANS (1 ) . (2 ) (3 ) (4 ) ( 5) ( 6) (7 ) ( 8 ) ( 9 ) (10 ) ( 11) (12 ) (13 ) (14 ) SCHEDULE "BOO TO BY-LAW NO. 1990 - 25 PLANS AND SPECIFICATIONS Ontario Land Surveyors Plans Site Plan Contour or Grade Plans Drainage Plans Foundation Plans Architectural Plans Structural Plans Mechanical and Electrical Plans Reinforced Concrete Plans Chimney and Fireplace Plans Renovation and Alteration Plans As Constructed Plans Fire Alarm or Evacuation Plans within Buildings Fire Protection Plans showing the type assemblies, fire separations, fire compartments, resistance ratings within buildings. of fire and fire (15) Schematic Plans showing the type, location and operation of all building fire emergency systems SPECIFICATIONS (1 ) ( 2) (3 ) (4 ) (5 ) ( 6) . Specifications on entrances onto the property, with necessary approvals in writing. Specifications Municipal or writing. on sewer system and water supply whether private, with necessary approvals in Specifications on the proposed occupancies. Specifications on building materials construction, and may requi re to be registered professional engineer. or a method of submitted by a Specifications on soils investigations. Specifications on any other applicable law as set out in Section 6.(1).(a). of the Building Code Act (R.S.). 1980, Chapter 51. . . SCHEDULE "COO TO BY-LAW NO. 1990 - 25 REFUND OF PERMIT FEES A. The fees that may be refunded shall be a percentage of the fees payable under this By-law, as follows: (i) Eighty (80) per cent if administrative functions only have been performed; (ii) Seventy (70) per cent if administrative and zoning functions only have been performed; (iii) Forty-five (45) per cent if administrative, zoning and plan examination functions have been performed; (iv) Five (5) per cent shall additionally be deducted for each field inspection that has been formed after the permit has been issued. B. Notwithstanding paragraph A above, no refund shall be made of an amount less than $10.00. C. No refund shall be made unless a written application for such refund is made by the Owner or his agent and unless the permit is returned for cancellation. D. Notwithstanding paragraph A above, no refund shall be made where the Chief Official has revoked a permit under Section 6(4)(b) and (c) of The Building Code Act, R.S.O. 1980, Chapter 51. . . SCHEDULE "COO TO BY-LAW NO. 1990 - 25 REFUND OF PERMIT FEES A. The fees that may be refunded shall be a percentage of the fees payable under this By-law, as follows: (1) Eighty (80) per cent if administrative functions only have been performed; (ii ) Seventy (70) per cent if administrative and zoning functions only have been performed; (iii) Forty-five (45) per cent if administrative, zoning and plan examination functions have been performed; (iv) Five (5) per cent shall additionally be deducted for each field inspection that has been formed after the permit has been issued. B. Notwithstanding paragraph A above, no refund shall be made of an amount less than $10.00. C. No refund shall be made unless a written application for such refund is made by the Owner or his agent and unless the permit is returned for cancellation. D. Notwithstanding parag raph A above, no refund shall be made where the Chief Official has revoked a permit under Section 6(4)(b) and (c) of The Building Code Act, R.S.O. 1980, Chapter 51.