HomeMy WebLinkAboutKIN 82 4465 Bldg Bylw-Bldg/Demo
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THE CORPORATION OF THE TOWN OF KINCARDINE
By-Law No. 4465
A by-law respecting construction and
demolition of buildings.
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 KINC&~DINE ENACTS AS FOLLOWS:
SECTION 1. SHORT TITLE
1.1
This by-law may be cited as "The Building By-law".
SECTION 2. DEFINITIONS
For the purposes of this By-law the following definitions
shall apply:
2.1
"Act" means The Building Code Act and the regulations
made thereunder;
2.2
"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;
2.3
"Inspector" means a building inspector appointed
by the Council of the Town of Kincardine and certified
as such by the Clerk of the Municipality;
2.4
"Occupancy" means the use or intended use of a building
or a part thereof;
2.5
"Regulations" means the regulations made pursuant
to the Act.
2.6
"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;
2.7
"Building" means a structure occupying an area greater
than 100 square feet 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;
SECTION 3. PERMIT CLASSIFICATION AND APPLICATION PROCEDURE
3.1
Classes of permits with respect to the construction
and demolition of buildings shall be as set out
in Schedule "A" to this by-law.
3.2
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.
3.3
Every application for permit shall:
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By-law No. 4465
(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,
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(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 Municipality,
(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.
3.4
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.
3.5
If required by the Chief Official, a separate permit
for a foundation may be required prior to the issuance
of a permit for the remainder of the building.
3.6
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.
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3.7
Permits are non transferrable without written consent
of the Chief Building Official.
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By-Law No. 4465
SECTION 4. PLANS, SPECIFICATIONS AND INFORMATION
4.1
All plans shall be drawn to scale upon paper, cloth'or
other acceptable materials.
4.2
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.
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4.3
Plans, specifications and information furnished by the
application shall be in numbers as prescribed by the
Chief Official.
4.4
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.
4.5
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.
SECTION 5. APPROVAL IN PART
5.1
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.
5.2
Should a permit be issued for part of a building the
holder of such permit may proceed but the Municipality
gives no assurances that permits required for the
remainder of the project will be granted.
SECTION 6 FEES
6.1
Fees for a required permit shall be in accordance with
Schedule "A" to this by-law, and the applicant shall
pay the prescribed fee before the issuance of the permit.
6.2
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.
6.3
The Chief Offical 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.
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By-Law No. 4465
6.4 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.
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SECTION 7. NOTIFICATIONS
7.1 The Owner or his authorized agent shall
Official at least two (2) business days
the stages of construction specified in
of the Regulations.
notify the Chief
in advance of
Seciton 2.10
7.2
Notice shall be in writing and be delivered to the Chief
Building Official Office during usual business hours.
The notice shall contain the permit number, the name of
the owner and the stage of construction.
SECTION 8. REPEAL FORMER BY-LAW
8.1 by-law 3160 passed ont he 5th day of February, 1976
be and the same is hereby repealed.
8.2 This by-law shall come into effect upon the date of
final passing.
READ a FIRST AND SECOND time this
19th
day of August
1982.
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Mayor ~ Clerk
READ a THIRD TIME AND FINALLY PASSED this second
day of September,
1982.
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Mayor
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~ Clerk '
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SCHEDULE "A" TO BY-LAW NO. 4465
CLASSES OF PERMITS AND PERMIT FEES
CLASS OF PERMIT
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1. a) New Buildings (greater than 100
square feet)...........................
b) New Accessory Buildings (greater
than 100 square feet)..................
2. Alterations, additions and repairs
to exisitng buildings.....................
3. Demolition of a Building or portion
thereof less than 500 square feet.........
4. Demolition of a building or portion
thereof over 500 square feet..............
5. Moving permits for buildings having an
area of less than 500 square feet.........
6. Moving permits for buildings having an
area of 500 square feet or greater........
7. All new and additions to Farm Buildings
exclusive of dwellings....................
8. Swimming Pools............................
9. Change of Occupancy Permit................
(Inspection of building in which occupancy
is changed to more hazardous, refer to
Code Sec. 3.2.9.)
10. Renewal Permits...........................
11. 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.)
12.
13.
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Re-Insulations of Exsiting Buildings
(if requested).............................
Chimneys and Fireplaces....................
Sign Permit................................
(Those signs regulated by Section 3.7. of
the Code and By-Law 4383.)
15.
Miscellaneous Inspections
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PERMIT FEES
10¢ per sq. ft. up to
1,000 sq. ft. plus 6¢
per sq. ft. for each
additional sq. ft. in
excess of 1,000 sq. ft.
6¢ per sq. ft. with
the minimum fee being
$15.00
$4.00 per $1,000 of
estimat~d cost of
construction with
the minimum fee being
$15.00
$10.00
$15.00
$10.00
$15.00
6¢ per sq. ft. with
the minimum fee being
$20.00.
$15.00
$25.00
$25.00
The permit fee shall
be the same as (2).
$25.00
$15.00
$20.00
$20.00
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PLANS
(1 )
(2 )
(3 )
(4)
(5)
(6 )
(7 )
( 8)
(9 )
(10)
(11)
(12)
(13)
(14)
(15)
SPECIFICATIONS
(1)
(2 )
(3 )
(4 )
( 5)
( 6)
SCHEDULE "B" TO BY-LAW NO. 4465
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 & Alteration Plans
As Constructed Plans
Fire Alarm or Evacuation Plans within Buildings
Fire Protection Plans showing the type of fire
assemblies, fire separations, fire compartments,
and fire resistance ratings within buildings.
Schematic Plans showing the type, location and
operation of all building fire emergency systems
Specifications on entrances onto the property, with
necessary approvals in writing
Specifications on sewer system and water supply
whether Municipal or private, with necessary approvals
in writing.
Specifications on the proposed occupancies
Specifications on building materials or a method of
construction, and may require to be submitted by a
registered professional engineer.
Specifications on soils investigations.
Specifications on any other applicable law as set
out in Seciton 6.(1).(a). of the Building Code Act
R.S.). 1980, Chapter 51.
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SCHEDULE "C" TO BY-LAW NO. 4465
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)
Thirty-five (35) per cent if the permit has been
issued and no field inspections have been performed
subsequent to permit issuance,
(v) 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.