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HomeMy WebLinkAboutBRU 94 013 permits related matt THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 . 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 Counci I to pass by-l aws concerning the issuance of permits and related matters. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BRUCE ENACTS AS FOLLOWS: 1. SHORT TITLE This by-law may be cited as the "Building Permit By-law", 2. DEFINITIONS AND WORD USAGE In this by-law: (1) (a) "Act" means the Building Code Act. 1992. as amended. (b) "Applicant" means the owner of a building or property who appl ies for a permi t or any person authorized by the owner to apply for a permit on the owner's behalf. or any person or corporation empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation. (c) "Building Code" means the regulation made under Section 34 of the Act. (d) "Chief Building Official" means the Chief Building Official appointed by Council under Section 3 of the Act. . (e) "Owner" means the registered owner of the land and includes a lessee. mortgagee in possession. and the person in charge of the property. (f) "Permit" means permission or authorization 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. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 2 . (g) "Permit Holder" means the person to whom the permi t has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. (2) Terms not defined in this by-law shall have the meaning ascribed to them in the Act or the Building Code. 3. CLASSES OF PERMITS Classes of permits 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 (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 described in the 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. appl i cant. archi tect. engineer or other designer. and the constructor or person hired to carry out the demolition. as the case may be; THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 3 . (g) 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; (h) 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; (i) include. where applicable. the registration number of the builder or vendor as provided in the Ontario New Home Warranties Plan Act; (j) state estimated valuation of the proposed work including material and labour; and (k) 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: (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 the termination and capping of all the water. sewer. gas. electric. telephone or other utilities and services. (4) In addition to the requirements of Subsection (2) above. every construction permit application for part of a building shall: (a) include an application for the entire project; and THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 4 -- (b) include plans and specifications 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. (5) In addition to the requirements of Subsection (2) above. every conditional permit application for the construction of a building shall: (a) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and (b) state necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained. (6) In addition to the applicable requirements of Subsection (2) above. every change of use permit application shall: (a) describe the building or part thereof in which the occupancy is to be changed; and (b) include plans and specifications which show the current and proposed occupancy of all parts of the building. and which contain sufficient information to establ ish compl iance wi th the requi rements of the Building Code including. floor plans. details of wall. floor and roof assemblies identifying required fire resistance rating and load bearing capacities. (7) The Chief Building Official shall. where conditions in Subsection (4) above have been fulfilled. issue a permit for part of a building subject to compl iance wi th the Act. the Building Code and any applicable law. (8) The Chief Building Official may. where conditions in Subsection 8(3) to 8(5) of the Act and Subsection (5) above have been fulfilled. issue a conditional permit for a bui lding subject to compl iance wi th the Act. the Building Code and any applicable law. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 5 (9) 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) and (5) be under any obligation to grant any further permit or permits therefore. . (10) 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 (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. demolition. or change of use conforms to the Act and the Building Code; and (b) iii) iv) i) ii) 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 fi I ed wi th 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: lot size and dimensions of property; setbacks from existing and proposed buildings to property boundaries and to each other; existing and finished ground levels or grades; and 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. . THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 6 . (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. (4) On completion of the construction of a building. the Chief Building Official may require a set of as constructed pI ans. incl uding a pI an of survey showing the location of the building. (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 (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 "D" in the case of: (a) withdrawal of an application; (b) abandonment of an application pursuant to Subsection 4(10) above; (c) refusal to issue a permit; or (d) request for revocation of a permit pursuant to Clause 8(10(e) of the Act. (3) Subject to Subsection 7(1). there shall be no refund of permit fees where a permit has been revoked. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 7 7 . 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 Buil ding Off icial 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 permi t may be revoked wi thout further notice and all submitted plans and other information may be disposed of. -. (2) Deferral of Revocation (a) 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 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 transferrable only upon the new owner completing a permit application to the requirements of Section 4. . (b) A fee. as prescribed in Schedule payable on a transfer of permit by who shall thenceforth be the permit purpose of the Act and the Building "A" shall be the new owner holder for the Code. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 PAGE 8 8. NOTIFICATIONS (1) Notices for inspections respecting stages of construction requi red by the Buil ding 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. (3) The Chief Building Official may require an Ontario Hydro Electrical Permit at any inspection stage. where structure receives an electrical service. 9. 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 whol e or any part thereof. other than the part so declared to be invalid. 10. REPEAL By-law Numbers 88-11 and 90-22 are hereby repealed, By-law introduced and read a First time this FOURTEENTH day of JUNE. 1994. By-law read a Second time this FOURTEENTH day of JUNE. 1994. By-law read a Third time and finally passed. signed. sealed. and numbered 94-13 this FOURTEENTH day of JUN . ~ CLERK REEVE . ,. SEAt -. .- . .. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 SCHEDULE "A" PAGE 9 S C H E D U L E "A" . CLASS OF PERMIT FEES FOR CLASS OF PERMITS FOR CLASS l(a) TO (e) 1. (a) New buildings and additions - residential. commercial. and industrial (i) (b) Accessory Buildings and for Structures (ii) (c) Renovations to Buildings and for Structures (i i i) (d) Agriculture - New Renovations and Additions (iv) (e) Conditional Permit (v) Minimum base fee for all permits $25.00 $5.00 for every $1.000.00 of cost up to $200.000.00 $3.00 for every $1.000.00 of cost from $200.001.00 to $1.000.000.00 $2.00 for every $1.000.00 of cost from $1.000.001.00 to $5.000.000.00 $1.35 for every $1.000.00 of cost from $5.000.001.00 to $10.000.000.00 (vi) $1.00 for every $1.000.00 of cost over $10.000.000.00 FEES FOR CLASS 2 2 . Plumbing Permit (i) minimum base fee $25.00 (where a buil ding permit has been issued minimum base fee waived) (ii) $ 1 0 . 0 0 per inspection - maximum of three inspections (iii) 3. Mobile Homes 4, Demolition Permit $2.25 per fixture unit FEES FOR CLASS 3 $150.00 pI us 0.07 per square foot FEES FOR CLASS 4 $25.00 THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 SCHEDULE "A" PAGE 10 CLASS OF PERMIT . 5. Moving Permit 6. Swimming Pools 7. Compliance Letters and Miscellaneous Inspections 8. Chimneys and Wood Burning Appliances 9. Change of Use Permit OTHER PROCEDURES Revision or Renewal of Permit -- ",.. .. T . By-ew Na. this \\,},\t"'" 1S~ Ree~ Clark . FEES FOR CLASS OF PERMIT FEES FOR CLASS 5 $25.00 FEES FOR CLASS 6 $25.00 FEES FOR CLASS 7 $25.00 FEES FOR CLASS 8 $30.00 FEES FOR CLASS 9 $50.00 plus $0.06 per square foot of finished floor area that is subject to the change of use $25.00 ~ A" ..... ~ 1\." ~--- r . THE CORPORATION OF BY-LAW NO. 94-13 PAGE 11 THE TOWNSHIP OF BRUCE SCHEDULE "B" S C H E D U L E "B" List of Plans or Working Drawing to accompany applications for permits. 1) The Site Plan 2) Floor Plans 3) Foundation Plans 4) Framing Plans 5) Roof Plans 6) Reflected Ceiling Plans 7) Sections and Details 8) Building Elevations 9) Electrical Drawings 10) Heating. Ventilation and Air Conditioning Drawings 11) Plumbing Drawings NOTE: The Chief Building Official may specify that not all the above mentioned plans are required to accompany an application for a permit. 1f" .",.. .. aJ By-I_ No. this \ ~+h 1A 1:\\\ RI.... Clark loB" ",. ....... ... 'B,... .. If .. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 SCHEDULE "c" PAGE 12 S C H E D U L E "C" PUBLIC BUILDINGS CLASS OF PERMIT All buildings. used for purposes of public service by any department of the Government of Canada or the Province of Ontario. including Ontario Hydro. a Board of Education or any telephone. telegraph railway or gas company. shall pay the following fees: 1. (a) (i) $7.00 for every $2.000.000.00; or $1.000.00 of cost up to (b) $5.00 for $2.000.000.00 every $1.000.00 to $10.000.000.00; of cost from (c) $4.00 for every $10.000.000.00. $1.000.00 of cost over WI·... ·eo .",.. Ie aJ .... ~ c: By-Iaw\.. m~ ~+~. tD J - 1 ~ THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-13 SCHEDULE "D" PAGE 13 s C H E D U L E "D" REF U N D S status of Permit Application 1. Application filed. No processing or review of plans submitted 2. Application filed. Plans reviewed and permit issued 3. Additional deduction for each field inspection that had been performed 4. Permits valued at less than $25.00 No refund six months after date of permit issuance Percentage of Fee Eliqible for Refund 85% 70% 10% 0% .. '"''' ." -... ~ . ..... .",.. III '!' . ~ ~ .. " By-law No. q,"'\~--F ~~; 1 to 1