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HomeMy WebLinkAboutTIV 94 010 blgd permit charges 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. . 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. . 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. Ie 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; . 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; . I' . I \1 I I I I JL_ 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: I 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. . (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. d I: (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. . (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 . 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". . (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. Ie I . : ,~ - , ~ ." ~ .- ~>'. 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. /lJ£o__ Reeve ~/7'?/~A:ú / t1erk Read a THIRD time and finally, passed, signed, sealed this ('tf~ day of _TúAlF ,1994. ~ , -I . - .~ Reeve:- 4#1Ø/~A Clerk - :... :." ~- , / - ..- 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. . (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. , 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 . . 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. II . . 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% * No refund six months after date of permit issuance