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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NUMBER 94-10
A BY-LAW UNDER THE BUILDING CODE ACT 1992, 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.
THEREFORE The Council of the Corporation of the Village of
Tiverton enacts as follows:
1. SHORT TITLE
This by-law may be cited as the "Building By-law"
2. DEFINITIONS AND WORD USAGE
a. "Act" means the Building Code Act 1992 including
amendments thereto.
b. "Building Code" means the regulation made under
Section 34 of the Act.
c. "Building" means a building as defined in Section 1
(1) of the Act.
d. "Chief Building official" means the Chief Building
Official appointed by the by-law of the Corporation
of the Village of Tiverton for the purposes of
enforcement of the Act.
e. "Corporation" means the Corporation of the Village of
Tiverton.
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f. "Permit" means written permission or written
authorization from the Chief Building Official to
perform work regulated by the Act and Building Code
and by this by-law. or to occupy a building or part
thereof.
g. "Permit Holder" means the person to whom the permit
has been issued and who assumes the primary
responsibility for complying with the Act and the
Building Code.
h. "Plumbing" means plumbing as defined in Section 1
( 1) of the Act.
page two, By-Law 1994-10
i. "Owner" means the registered owner of the land and
includes a lessee, mortgagee in possession, and the
person in charge of the property.
3. Terms not defined in this by-law shall have the meaning
ascribed to them in the Act or the Building Code.
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4. CLASSES OF PERMITS
Classes of permits required for construction, demolition
and plumbing are set forth in Schedule "A" appended to
and forming part of this by-law.
5. PERMITS
(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.
(2) Every building permit application shall:
a. identify and describe in detail the work. use
and occupancy to be covered by the permit for
which the application is made.
b. identify and describe in detail the existing
uses and the proposed uses(s) for which the
premises are intended;
c. 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;
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d. be accompanied by plans and specifications as
set forth in Schedule "B" appended to and
forming part of this by-law.
e. be accompanied by the required fees as
calculated in accordance with Schedule "A";
f. 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 construction,
or demolition, as the case may be;
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page three, By-Law 1994-10
g. include, where applicable, the registration
number of the builder or vendor as provided in
the Ontario New Home Warranties plan Act;
h. state estimated valuation of the proposed work
including material and labour; and
1. be signed by the applicant who shall certify as
to the truth of the contents of the application.
(3) In addition to the requirements of Subsection (2)
above, every demolition permit application shall:
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a. when section 2.3 of the Building Code applies,
be accompanied by structural design
characteristics of building and the method and
time schedule of the demolition; and
b. be accompanied by satisfactory proof that
arrangements have been made with the proper
authorities for their termination and capping of
all the water, sewer, gas, electric. telephone
or other utilities and services.
(4) 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 in
writing shall be given to the application.
6. PLANS AND SPECIFICATIONS
(1) Every applicant shall furnish:
a. sufficient plans, specifications, documents and
other information to enable the Chief Building
Official to determine whether the proposed
construction, or demolition conforms to the Act
and the Building Code; and
b. a site plan referenced 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.
page four, By-law 1994-10
c. site plan will include:
i lot size and dimensions of property;
ii setbacks from existing and proposed building
to property boundaries and to each other;
iii existing and finished ground levels or
grades,
iv existing rights of way, easements and
municipal services.
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(2) Plans submitted shall be legible and be drawn to
scale upon paper or other suitable and durable
material.
(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.
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(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) Plans and specifications furnished according to this
by-law or otherwise required by the Act becomes the
property of the municipality and will be disposed of
or retained in accordance with relevant legislation.
7. FEES
(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. No permit shall be issued until the
fees therefore have been paid in full.
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(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:
(a) withdrawal of an application;
(b) abandonment of an application pursuant to
Section 5 (4) above;
(c) refusal to issue a permit; or
(d) request for revocation of a permit pursuant to
Clause B (10) (e) of the Act.
(3) Subject to Subsection 7(1), there shall be no
page five, By-law 1994-10
refund of permit fees where a permit has been
revoked.
8 . PERMIT REVOCATION, DEFERRAL OR REVOCATION AND TRANSFER
(1)
Revocation of Permit
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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 his 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.
( 2)
Deferral of Revocation
(a) On receipt of a notice on 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 permit.
(b) A request for deferral shall set out the
reasons why the permit should not be revoked
and the date by which the work will be
commenced or resumed.
(c) 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.
(d) A request for deferral of revocation is
subject to a fee in accordance with Schedule
"A".
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(3) Transfer of Permit
(a) Permits are transferable only upon the new
owner completing a permit application to the
requirement of Section 5.
(b) 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 for the purpose of the Act and the
Building Code.
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page 6, By-law 1994-10
9. NOTIFICATIONS
(1) Notices for inspection 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.
(2) A notice pursuant to this section is not effective
until written or oral notice is received by the
Chief Building Official.
10. SEVERABILITY
Should any section, sub-section, clause or provision of
this by-law be declared by a court of competent
jurisdiction to be invalid, the same shall not affect
the validity of this by-law as a whole or any part
thereof, other than the part so declared to be invalid.
11 . REPEAL
Passing of this by-law hereby repeals any previous
building by-laws.
By-law introduced and read a FIRST and SECOND time this
/41" day of íl/I'/J~ , 1994.
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Reeve
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t1erk
Read a THIRD time and finally, passed, signed, sealed this
('tf~ day of _TúAlF ,1994.
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Reeve:-
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Clerk
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NO. 94-10
SCHEDULE "A"
CLASS OF PERMIT
PERMIT FEES
1.
(a) New Buildings (greater than 100
square fee)........................$25.00 plus .15
per sq. ft.
Residential & Commercial
(b) New Accessory Buildings (greater
than 100 square feet)..............$25.00 plus .10
per sq. ft.
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(c) New Accessory Buildings (greater
than 100 square feet) and described
as a supported roof with no enclosed
walls and no permanent floor.......$25.00 plus .04
per sq. ft. of
roof coverage.
2. Renovations to existing buildings......$25.00 plus $7
per 1000 cost.
3. Demolition of a Building or portion
thereof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00
4. Moving permits for buildings............$25.00
5. All new, renovations and additions to
Farm Buildings exclusive of dwellings...$25.00 plus $3
per 1000 cost.
6. Plumbing Permit minimum base fee (i)....$25.00 (where a
building permit
has been issued-
minimum base fee
waved.
(ii)...$10.00 per
inspection-three
inspections max.
(iii) ..$2.25 per
fixture unit.
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7.
. 8.
9.
10.
Revision or Renewal of Permit...........$25.00
Swimming Pools.......................... $25.00
Occupancy Permits.......................$25.00
Chimneys and Fireplaces and all
solid fuel burning appliances...........$25.00
11. Compliance Letter and Miscellaneous
Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NO. 94-10
SCHEDULE "B"
List of Plans or Working Drawing to accompany applications
for permits.
1) The Site plan
2 )
3 )
Floor Plans
Foundation Plans
4) Framing Plans
5) Roof Plans
6) Reflected Ceiling Plans
7) Sections and Details
B) Building Elevations
9) Electrical Drawings
10) Heating, ventilation and Air
Conditioning Drawings
11) Plumbing Drawings
12) Finished Grade
NOTE:
The Chief Building Official may specify that not
all the above mentioned plans are required to
accompany an application for a permit.
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NO. 94-10
SCHEDULE "c"
REFUNDS
Status of Permit
Application
Percentage of Fee
Eligible for Refund
1.
Application filed.
No processing or review of
plans submitted
85%
2.
Application filed.
Plans reviewed and permit issued
70%
3.
Additional deduction for each field
inspection that had been performed
10%
4.
Permits valued at less than $25.00
0%
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No refund six months after date of permit issuance