Loading...
HomeMy WebLinkAboutBLD 02-14 City,co A • Report to Executive Committee PICKERING Report Number: BLD 02:14 Date: June 9, 2014 From: Thomas Melymuk Director, City Development Subject: Building By-law Amendment under the Building Code Act Recommendation: That the City's Building By-law 7137/11, as amended, which provides for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering, be repealed and replaced with the new City Building By-law, as set out in Attachment 1 to Report BLD 02-14. Executive Summary: Due to recent legislative changes to the Building Code as well as amendments to the City's Fees By-law, portions of the current Building By-law are out of date. In light of the number of minor revisions throughout the body of the by-law, and for simplicity, this report recommends that the existing City Building By-law be repealed and replaced with the new City Building By-law. • Financial Implications: Update to Schedule B — Fees Payable for Building Permits to reflect approved amendments to the Fees By-law. • Background Council currently has in place By-law 7137/11, with amendments, which is required to provide for the administration and enforcement of the Building Code Act and the Ontario Building Code within the City. This By-law includes several schedules, including one which identifies the building permit fees and other related charges. Recent amendments to the Fees By-law on February 24, 2014, as well as legislative changes to the Ontario Building Code, require that the respective areas within the By-law be updated to suit. 360 Report BLD 02-14 June 9, 2014 Subject: Building By-law Amendment under the Building Code Act Page 2 The amendments to the Building By-law are primarily of an administrative or"house- keeping" nature and include the following highlights: 1. Updates to provisions for processing of Conditional Building Permits. 2. Clarifications of requirements respecting Authority to Occupy Permits for Unfinished Buildings. 3. Update to provisions for Certification of House Models. 4. Addition of the provision for after hours inspections fee. 5. Addition of the provision for spatial separation agreements. 6. Update of Schedule A (Appointments) to reflect recent retirement of inspector (Matthew Seward). 7. Update of Schedule B — Part B (Fees Payable for Building Permits) to reflect the approved amendments to the Fees By-law. 8. Update of Schedule C — Parts A and B (Documents & Drawings required for.Permit Applications/Information Required on Drawings) to reflect.current document submission requirements. Attachments 1. Recommended amendment to the City's Building By-law. Prepared By: Approved/Endorsed By: ;‘,,;ze, °.✓� /t ; Kyle Bentley, P.F�Sg. Thomas Mel muk/MCIP, Chief Building Official. Director, Cit Development KB:jf Recommended for the consideration of Pickering Council =OZvo 023, 2o1 Tony P4 "4 e•el, '. ng. U Chief Administrative Officer 3'61 DRAFT The Corporation of the City of Pickering By-law No.XXXX/14 Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering Whereas Subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Building Code Act, 1992 within the City of Pickering; and Whereas Subsection 3(2) of the Building Code Act, 1992 requires that the Council shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of the Building Code Act, 1992 within the City of Pickering; and Whereas Section 7 of the Building Code Act, 1992 authorizes the Council of a municipality to pass certain By-laws prescribing classes of permits, permit application documents, fees, inspections and other related matters. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Definitions 1. This By-law may be cited as the Building By-law. 2. (1) In this By-law (a) "Act" means the Building Code Act, 1992, S.O. 1992, chapter 23 as amended; (b) "Alternative Solution" means a substitute for an acceptable solution, proposed by an applicant pursuant to Division A, article 1.2.1.1. of the Ontario Building Code; (c) "as constructed plans" means as constructed plans as defined in the building code; (d) "applicant" means a person who applies for a permit and includes any person authorized by an owner to apply for a permit on the owner's behalf; (e) "architect" means the holder of a licence, a certificate of practice, or a temporary licence under the Architect's Act as defined in the Building Code; (f) "building" means a building as defined in Subsection 1(1) of the Act; 362 • 2 By-law No. XXXX/14 Page (g) "building code" means regulations made under Section 34 of the Act; (h) "Chief Building Official" means the person appointed by the Council as the Chief Building Official for the purpose of enforcement of the Act or the Deputy Chief Building Official acting in the capacity of the Chief Building Official from time-to-time in respect of Section 1.1.(6)(c) of the Act; (i) "construction value" means the value prescribed by the Chief Building Official to represent the total value of all work, services and material associated with the construction for which a permit is applied; (j) "Council" means the Council of The Corporation of the City of Pickering; (k) "deficient permit" means a permit in respect of which, (i) an inspection notice or order to comply has been issued by an inspector or, • (ii) an inspection required under the building code or this By-law has not been arranged, and six months or more have elapsed after the date the notice was issued or the inspection was required; (I) ' "Deputy Chief Building Official" means the person appointed by the Council as the Deputy'Chief Building Official for the purpose of enforcement of the Act; (m) "holiday" means days when the offices of the City of Pickering are not open for transaction of business with the public.; (n) "inspector" means an inspector as defined in Subsection 1(1) of the Act and listed in Schedule A; .(o) "owner" means the registered owner of the land upon which is located, or will be located, the building or part thereof for which an application for a permit is, or has been made; (p) "permit" means permission or authorization given, in writing, by the Chief Building Official; (i) to perform work regulated by the Act or the building code or both; (ii) to change the use of a building or part of a building as regulated by the Act or the building code or both, or (iii) to occupy a building or a part thereof; 363 • By-law No. XXXX/14 i Page 3 (q) "permit holder" means an owner or authorized agent of the owner to whom a permit has been issued, or where a permit has been transferred, the transferee; (r) "professional engineer" means a person who holds a licence or a temporary licence under the Professional Engineer's Act; and (s) "registered code agency," means a person that has the qualifications and meets the requirements set out in the Act. (2) Any word or term not defined in this By-law shall have the meaning ascribed to it in the Act or the building code. Appointments 3. Each person whose name is set out in Column 2 of Schedule A is hereby appointed to the position set out beside that person's name in Column 1 thereof. Code of Conduct for Building Officials 4. Each person listed in Schedule A shall be governed by the Code of Conduct set out in Schedule D, with respect to exercising powers and performing duties under the Act. Classes of Permits 5. Classes of permits with respect to the construction, demolition, change of use and occupancy of buildings and permit fees shall be as set out in Schedule B. Requirements for Filing Permit Applications 6. (1) To obtain a permit, an applicant shall file a complete application on the form available from the Chief Building Official, or from the Province of Ontario, together with the applicable requirements set out in Subsections (2) to (8). (2) All documents and drawings accompanying an application shall be coordinated with each other and shall be consistent with the description of the proposed work. Building Permits (3) Every application for a building permit under Subsection 8(1) of the Act shall, (a) identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; 364 • •By-law No. XXXX/14 ', Page 4 (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; and (c) be accompanied by the appropriate fee calculated in accordance with Schedule B. Demolition Permits • (4) Every application for a building permit authorizing the demolition of a building under Subsection 8(1) of the Act shall, (a) identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit is made, and the proposed use and occupancy of that part of the building, if any, that will remain upon completion of the demolition; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; • (c) be accompanied by the appropriate fee calculated in accordance with Schedule B; and (d) be accompanied by confirmation that, (i) arrangements have been made with the proper authorities for the safe and complete disconnection of all existing water, sewer, gas, electric, telephone and other utilities; and (ii) the owner will comply with the City's property standards by-law at the completion of demolition. Conditional Building Permits; (5) Every application for a conditional building permit under Subsection 8(3) of the Act shall, (a) comply with the requirements set out in Subsection 6(3) in this By-law; and (b) be submitted after 20 business days have elapsed from the time the associated building permit application was submitted, (c) be accompanied by, (i) an executed form, available from the Chief Building Official, requesting consideration for a conditional permit and all reasons why the applicant believes that unreasonable delays in construction would occur if a conditional building permit is not issued; 365 By-law No. XXXX/14 Page 5 (ii) a written acknowledgement from the applicant of the necessary approvals which must be obtained in respect of the proposed construction and the time period in which such approvals shall be obtained by the applicant; (iii) a written agreement, in a form provided by the Chief Building Official, executed by the applicant, the owner and such other necessary persons the Chief Building Official determines for the purposes set out in clause 8(3)(c) of the Act; and (iv) the conditional permit fee in accordance with Schedule B. (6) The Chief Building Official is hereby authorized to execute on behalf of The Corporation of the City of Pickering the written agreement referred to in clause 6(5)(b)(iii) as part of the conditional building permit application. Change of Use Permits (7) Every application for a change of use permit under Subsection 10(1) of the Act shall, (a) identify and describe in detail the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by plans and specifications which show the current and proposed occupancy of all parts of the building and which contain - sufficient information to establish compliance with the building code, including, but not necessarily limited to, floor plans and details of wall, ceiling and roof assemblies identifying existing fire resistance ratings and load bearing capacities; (c) be accompanied by the appropriate fee in accordance with Schedule B; and (d) be accompanied by the completed documents prescribed in Schedule C. Authority to Occupy Permits for Unfinished Buildings (8) Every application for authorization to occupy an unfinished building under Division C, article 1.3.3.1.(3) and 1.3.3.2. of the building code shall, (a) identify and describe in detail the occupancy, the date of such occupancy, and the building or part thereof for which the application for an authority to occupy permit is made; (b) be accompanied by plans which show the areas of the proposed occupancy and measures undertaken to restrict access to areas of the building which are unfinished; and 366 By-law No. XXXX/14 DPA 'T Page 6 Met tEf (c) be accompanied by the appropriate fee in accordance with Schedule B. Requirements for Plans and Specifications • 7. (1) Every applicant shall submit sufficient plans, specifications, documents and other information to enable the Chief Building Official to determine whether the proposed building, construction, demolition, change of use, or occupancy will contravene the Act, the building code or any other applicable law. (2) The Chief Building Official shall determine the plans, specifications, documents and other information required to be submitted with an application in order to deem it complete according to Division C, sentence 1.3.1.3.(5) of the building code, having regard for: (a) the scope of the proposed work; (b) the requirements of the building code, the Act and other applicable law; and • (c) the requirements of this Section and Schedule C. (3) Plans, specifications, documents and other information shall be submitted in a permanent medium upon paper or other suitable and durable material and shall contain text that is legible and drawings that are legible, complete, fully dimensioned and to scale. • (4) Site plans submitted by an applicant shall, (a) bear the designer qualifications required by the Code and be certified by the City Development Department of the City of Pickering as being in conformity with by-laws passed under Sections 34 and 41 of the Planning Act; and (b) • be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of the survey shall accompany the site plan submission, except where the Chief Building Official waives the requirement to do so. (5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or townhouse dwelling, the Chief Building Official may require submission of a survey prepared by an Ontario Land Surveyor indicating the location and elevation of the top of the foundation wall, prior to a framing inspection being undertaken. (6) On the completion of the construction of a building, or part of a building, the Chief Building Official may require submission of a set of plans of the building ' or part of a building, as constructed, together with a plan of survey prepared and certified by an Ontario Land Surveyor showing the location of the building. 367 By-law No. XXXX/14 r Page 7 tsar Itir-es Authorization of Alternative Solutions 8. (1) Where the prescriptive requirements or acceptable solutions of Division B of the building code are not met, the Chief Building Official or registered code agency may approve an alternative solution under Division C, Part 2 of the building code. An alternative.solution proposal may be requested for a system or building design at the time of permit application, or if a material change is necessary to a plan, specification, document or other information on the basis of which a permit is issued. The applicant, with or without their approved representative, shall submit, (a) a completed "Application for an Alternative Solution" on the form available from the Chief Building Official; (b) a description of the applicable objectives, functional statements and acceptable solutions; (c) a description of the proposed material, system or building design for which authorization is sought; (d) supporting documentation demonstrating that the proposed material, system or building design will provide the level of performance required by the building code; and (e) payment of the required fee as set out in Schedule B. (2) The Chief Building Official or registered code agency may accept or reject any proposed alternative solution and may impose conditions or limitation on their use. (3) Alternative solutions that are accepted under this section shall be applicable only to the location described in the application, and are not transferable to any other location or building permit. Incomplete Permit Applications 9. (1) An application shall be deemed incomplete according to Division C sentence. 1.3.1.3.(5),of the building code, where any of the applicable requirements of Section 6 herein have not been complied with. (2) Except as provided in Subsection 9(3), an application deemed to be incomplete shall not be accepted by the Chief Building Official. (3) The Chief Building Official may accept an incomplete application where the applicant acknowledges, in writing, that the application is incomplete and waives the time period prescribed in the building code within which a permit must be issued or refused. 368 . By-law No. XXXX/14 Darr Page 8 (4) Where an applicant declares that an application is complete in all respects and complies with the Act, the building code and applicable law, the Chief Building Official shall issue or refuse to issue a permit within the time period prescribed in the building code. (5) Where an applicant declares that an application is complete in all respects, but the application is determined to be incomplete or does not comply with the Act, the building code or applicable law, an additional fee as prescribed in Schedule B shall be applied to the re-examination of documents required to be submitted by an applicant. Dormant Permit Applications 10. .(1) An application for a permit shall be deemed to be dormant where, (a) the application is incomplete according to Section 9 and remains incomplete for five months after it was submitted or; (b) five months have elapsed after the applicant was notified that the proposed building construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law. (2) Where an application is deemed to be dormant, the file will be removed from • the active roster and retained until either, (a) the applicant has chosen to re-activate the file or; (b) the file has been abandoned. Abandoned Permit Applications 11. (1) An application for a permit shall be deemed to have been abandoned by the applicant where, • (a) the application is incomplete according to Section 9 and remains incomplete six months after it was submitted; (b) six months have elapsed after the applicant was notified that the proposed building, construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law; or . I (c) the application is determined to comply with the building code and all • applicable law, and six months have elapsed from the date upon which the applicant was notified that a permit was available to be issued. 369 By-IaVv No. X0XX/14 �' tz Page 9 (2) Where an application is deemed abandoned, all submitted plans, specifications and documents shall be disposed of, or returned to the applicant upon written request. Revision to Permits 12. Should a permit holder wish to make any material change to any plan, specification, document or other information on the basis of which the permit was issued, the permit holder shall file an application for a revision to the permit which describes the material changes, and shall pay the fees set out in Schedule B that correspond to the scope of the revision. _ Transfer of Permits 13. (1) If the owner of the land changes after a permit has been issued, the permit may be transferred to the new owner (the "transferee") of the lands where an application is filed with the City in writing, in accordance with this section. (2) Every application for the transfer of permit shall, (a) include a written statement from the current permit holder authorizing the transfer of the'permit to the transferee; (b) include proof of ownership of the lands by the transferee satisfactory to the Chief Building Official; (c) confirm that the work to be done and the existing and proposed use and occupancy of the building or part thereof, for which the application for the transfer of the permit is made, is the same as that identified and described on the application of the permit; (d) state the name, address, telephone number of the proposed transferee; (e) state the name, address, telephone number and facsimile number of the proposed designer, architect and/or professional engineer, and their building code qualifications, where they are different from those identified in the application for the permit, and a written confirmation from the designer, architect and/or professional engineer(s), that they have been retained to undertake general review of the construction or demolition where required under the building code; (f) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, the proposed transferee's registration number under that Act; (g) be accompanied by the appropriate fee in accordance with Schedule B; and 370 DR4FT By-law No. XXXX/14 Page 10 (h) be signed by the proposed transferee who shall certify as to the truth of the contents of the application. (3) Upon the issuance of transfer of a permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations under the permit save and except for any obligations set out in any agreements entered into for the purposes of clause 8(3)(c) of the Act. Revocation of Permits 14. (1) Prior to revoking a permit, the Chief Building Official shall give written notice of an intention to revoke the permit to the permit holder at the permit holder's address shown on the application or to such other address as the permit holder has provided to the City for that purpose. (2) Following issuance of the notice described in Subsection 14(1), the permit may be revoked immediately or after a period prescribed by the Chief Building Official, and all submitted plans, specifications, documents and other information may be disposed of or, upon written request from the permit holder, returned to the permit holder. (3) Notice under Subsection 14(1) shall be given either personally or by registered mail, and where notice is by registered mail, it shall be deemed to have been • given on the fifth day after the day of mailing. Fees and Refund of Fees 15. (1) A fee shall be paid with every permit application, calculated in accordance with Schedule B and the fee shall be due and payable, in full, upon the submission of the application for a permit. These fees may be amended by council from time to time in accordance with the Act. (2) The minimum fee payable on any application shall be $100.00, unless noted otherwise. (3) Where the amount of a fee to be paid, as part of a permit application, is based upon the building category, floor area and/or value of the proposed construction, the Chief Building Official, or a person designated by the Chief Building Official, shall determine the appropriate building category, floor area and/or value, and that determination shall be final. (4) Where an application for a permit is subject to additional user fees prescribed by the City, the fees so prescribed shall be paid in addition to the fees set out in Schedule B. 371 By-law No. XXXX/14 DR4FT Page 11 Plan Re-examination Fees (5) Where an applicant substantially revises proposed materials, systems or a building design after examination of a previous submission has already been undertaken, a re-examination fee shall apply as set out in Schedule B. Certification of House Models (6) Where an applicant proposes to construct a subdivision based on a pre-determined number of house models, a certification process is available to pre-approve the plans for each house model in advance of filing building permit applications. Every application for the certification of a house model shall, (a) be accompanied by the plans, specifications, documents and other information prescribed in Section 7(1) to 7(3) and in accordance with Schedule C or as agreed by the Chief Building Official; (b) be accompanied by the appropriate fee in accordance with Schedule B. (7) A one-time discount of$5.00 per square metre of floor area shall apply to the first building permit application that is submitted in association with each corresponding certified house model.. _ Reactivation of Dormant File (8) Where an applicant has chosen to continue with the processing of a dormant permit application, and where the dormant application has not been abandoned, the applicant shall pay the required fee as set out in Schedule B. Building Permit Surcharge (9) Notwithstanding the enforcement requirements of the Act, where a permit application has been received, and where construction has commenced in advance of the issuance of a building permit, the applicant shall pay the required surcharge as set out in Schedule B. Occupancy Permit Fees (Certain Buildings of Additional Inspection) (10) The Occupancy Permit fee for a dwelling is included in the Building Permit Fee Additional Inspection Fees (11) Additional inspection fees, as set out in Schedule B, shall apply and shall be paid prior to each inspection being undertaken on any building where, • (a) any of the prescribed notice requirements under the building code or the additional notices required under this By-law have not been complied with by a permit holder; 372 By-law No. XXXX/14 y Page 12 (b) more than two inspections are required due to construction being incomplete or not in compliance with the building code; (c) a building is occupied before the notice required under Section 11 of the Act was given to the Chief Building Official; (d) an inspection is requested to confirm that outstanding items have been completed or corrected in respect of a deficient permit; and/or (e) a request is made in writing for inspections outside of regular business hours ("After hours inspections"); Fee Refunds (12) If requested, in writing, by an applicant or permit holder, where, (a) an applicant withdraws, in writing, an application for a permit; (b) an application is deemed to have been abandoned in accordance with Section 11; (c) the Chief Building Official refuses to issue a permit for which an application has been made; or (d) the Chief Building Official revokes a permit after it has been issued, the Chief Building Official shall calculate the portion of any fee paid that may • be refunded and authorize the payment thereof, based upon the functions undertaken by the City, in accordance with Subsections 15(13) to 15(18). (13) Eighty-five per cent (85%) of the permit fee paid in accordance with Schedule B shall be refunded if only application administrative functions have been performed. (14) Fifty per cent (50%) of the permit fee paid in accordance with Schedule B shall be refunded if, (a) application administrative functions and all or part of plan review functions have been performed; and (b) the permit has not been issued. (15) Twenty-five per cent (25%) of the fee paid in accordance with Schedule B shall be refunded if the permit has been issued. - (16) Notwithstanding Subsections 15(12) to 15(15) above, no refund of any portion of the permit fee paid in accordance with Schedule B shall be made if any construction or demolition has commenced. 373 Bylaw No. XXXX/14 Page 13 (17) No refund shall be payable where the amount calculated in accordance with this Section is less than $100.00. (18) Any amount authorized by the Chief Building Official to be refunded shall be paid to the person named on the fee receipt issued by the City upon original payment of the fee, unless that person directs, in writing, that it be refunded to another person. Registered Code Agencies 16. Pursuant to Subsection 4.1(3) of the Act and Division C, Section 3.7 of the building code, the Chief Building Official is authorized to enter into service agreements with registered code agencies and appoint them to perform one or more of the specified functions described in Section 15.15 of the Act. Spatial Separation Agreement 17. The Chief Building Official is hereby authorized to execute.on behalf of the Corporation of the City of Pickering the written spatial separation agreements with owners of the properties on which a required limiting distance is measured, as set out in Division B, Part 9, Sentences 9.10.15.2.(4) and (5) and Part 3, Sentences 3.2.3.1.(8) and (9) of the building code. Fences at Construction and Demolition Sites - 18. (1) Where, in the opinion of the Chief Building Official or an inspector, a construction or demolition site presents a hazard to the public, the Chief Building Official or inspector may require the owner to erect such fences as the Chief Building Official or inspector deems appropriate to the circumstances. (2) In considering the hazard presented by the construction or demolition site, the necessity for fences and the height and characteristics of such fences, the Chief Building Official or inspector shall have regard for, (a) the proximity of the building site to other occupied buildings; (b) the proximity of the construction or demolition site to lands accessible to the public; (c) the hazards presented by the construction or demolition activities and materials; • (d) the feasibility and effectiveness of site fences; and (e) the duration of the hazard. 374 By-law.No. XXXX/14 DRAFT Page 14 (3) Every fence required by this section shall, (a) be erected so as to fully enclose all areas of the site which present a hazard; (b) create a continuous barrier and be sufficient to deter unauthorized entry; (c) have a height not less than 1.2 metres above grade at any point, unless the Chief Building Official or inspector determines that a greater minimum height is necessary; (d) if constructed of plastic mesh, snow fencing or other similar materials, be securely fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to horizontal members or a minimum 11 gauge cable at the top and bottom; and (e) be maintained in a vertical plane and in good repair. Inspection Notices 18. (1) In addition to the notices prescribed by the building code, the permit holder shall also give notice to the Chief Building Official or registered code agency of • the following stages of construction: (a) commencement of construction of, (i) masonry fireplaces and masonry chimneys; (ii) factory-built fireplaces and allied chimneys; or (iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys; (b) substantial completion of interior finishes; and/or (c) substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment. (2) A notice required to be given by a permit holder to the Chief Building Official or registered code agency pursuant to Division C, Subsection 1.3.5. of the building code shall be given to the Chief Building Official or registered code agency at least two days in advance of the construction stage in which notice is being given. • (3) For the purpose of Subsection 18(2), the term "day" means any business day from Monday through Friday, other than a holiday. 375 By-law No. XXXX/14 D , ti .- Page 15 (4) A notice given to the Chief Building Official pursuant to Division C, Subsection 1.3.5. of the building code shall be given in writing to either the Chief Building Official, an inspector or registered code agency and if given to an inspector in accordance with this Section, shall be deemed to have been given to the Chief Building Official. (5) A notice given to the Chief Building Official, inspector, or registered code agency pursuant to Division C, Subsection 1.3.5. of the building code-and this Section shall not be effective,until actually received by the Chief Building Official, inspector or registered code agency as the case may be. Offences and Penalties 19. Any person who contravenes any portion of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in Section 36 of the Act. Severability 20. Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid it shall not affect the validity of this By-law as a whole or any other part thereof, other than the provision declared to be invalid. Interpretation and Implementation 21. Schedules A, B, C and D attached shall form part of this By-law. 22. Unless otherwise specified, references in this By-law to Sections, Subsections and Schedules are references to Sections, Subsections and Schedules in this By-law. 23. By-law 7137/11 is hereby repealed. By-law read a first, second and third time and finally passed this 16th day of June, 2014. David Ryan, May, , Debbie Shields City Clerk 376 • Schedule A Appointments ItemA1 Column ,. '---- 1. Chief Building Official Kyle Bentley 2. Deputy Chief Building Official/inspector Brenda Yarush 3. inspector . Toby Hill 4. inspector Ian McKinlay 5. inspector Albert Alvero 6. inspector Taylor Young 7. inspector Paul Nishikawa 8. inspector Andras Szonyi 9. inspector Curtis Greenham 10. inspector Carl Kolbe 11. inspector Vacant 12. inspector Brian Holmes 13. inspector Robert Watson 377 Schedule B— Part B Y` � - • Fees Payable for Building Permits Item 4Class of,PermitF Reference ,,t' � it , Fee Payable G h 1 . � � 1. Building Permit 6(3) As calculated based on occupancy in Part B (minimum $100.00) • $10 for each 100 square metres of 2. Demolition Permit 6(4) floor area or part thereof, minimum $100.00 Conditional Building 10% of applicable building permit fee 3. Permit 6(5) to a maximum of$2500.00, in • addition to applicable fee • 4. Change of Use Permit 6(7) $250.00 5 Occupancy Permit for 6(8) $275.00 • Unfinished Building • 378 Schedule B — Part B Fees Payable for Building Permits DRAFT Y g Other Fees Item Type of Fee Reference. Fee Payable t Alternative Solution 1 8 $100.00/hr, minimum 4 hrs ($400.00) Application/Evaluation Resubmission of 2. application found to be 9(5) 25% of application fee incomplete 3. Revision to permit 12 $100.00 4. Transfer of permit 13 $100.00 Re-examination $300.00 plus the fee prescribed in 5. (a) - Change in house 15(5) Part B as a result of any additional model area 5. b Re-examination 15 5 10% of applicable permit fee to a O - other than 5(a) O maximum of$1000.00 Certification of House $5 for each square metre of floor area 6' Models 15(6) or part thereof Re-certification of 7 $250.00 House Models 8. Reactivation of 15(8) $100.00 Dormant File Building Permit 25% of application fee, minimum 9' Surcharge 15(9) $100.00 10. Additional Inspection 15(11) $100.00 Recovery of costs for 11. Grow-Op $2,100.00 per investigation Investigations (minimum) Request for Building 12. and/or Planning $50.00/hour Records 13. Solar Collector for $150.00 Single Dwelling Unit 14. Solar Collector for All $150.00/10 panels Building Types 15. Wind Turbines $10.50 for each $1,000.00 of construction value 16. After Hours 15(11) $125.00/hour (4 hour minimum) Inspections Grading & Final 17 inspection $2,000.00 Performance Deposit (Subdivision) 379 Schedule B— Part B Fr Fees Payable for Building Permits Item New Buildings and Additions ` h= Fee Payable k x - v i C{,4$3 S, r tsv s. rtg c d _ v i,... r u r •sit 5 —s r: . � -' mat' '^: ,.... . iti.,+c 7 ...' .,...ii;-ci __ }3.....-. _.... s,x?'.-. _ _ _...- .._,. ,. r•r s1 . . Assembly Occupancies $13.50 for each square metre of floor area or part thereof. * 2. Institutional Occupancies $16.00 for each square metre of floor . area or part thereof. * 3. Residential Occupancies apartment buildings, hotels, motels, $11.25 for each square metre of floor detached, semi-detached and area or.part thereof. * townhouse dwellings, & other residential occupancies 4. Business and Personal Service & Mercantile Occupancies $8.75 for each square metre of floor single storey buildings area or part thereof. multiple storey buildings $11.25 for each square metre of floor area or part thereof. * 5. Industrial Occupancies farm buildings, unserviced storage $4.00 for each square metre of floor buildings, unfinished basements area or part thereof. Parking garages and other industrial $6.75 for each square metre of floor buildings area or part thereof. �t< Alter`ations, Repairs arid�Other z 6. Interior Partitioning and Finishing, $2.15 for each square metre of floor including area.or part thereof. tenant alterations apartment in houses 7. Minor Residential Structures and $125.00 Alterations, including decks, gazebos (each) incidental partitioning of a basement fireplace, wood stove (each) garage, carport, storage shed (each 50m2) water and sewer connection other similar minor projects associated with a residential use 380 Schedule B — Part B D ' FT. :FT Fees Payable for Building Permits kltem s New Buildings and Additions} Fee Payable' 8. Minor Non-Residential Structures, $225.00 including school portables (each) temporary prefabricated trailers (each) temporary tent (each) other similar minor structures associated with a non-residential use 9. Temporary Sales Centres $1050.00 10. Alterations, buildings and structures $10.50 for each $1,000 of construction not provided for in Items 1 to 8 value or part thereof. For the proper interpretation and application of this Schedule, see Notes following: 381 ;•r Schedule B— Part B D:„- dT FT Fees Payable for Building Permits Notes: 1. The following guidelines for calculating floor areas and fees apply to the specific building types and construction indicated. In order to determine the applicable occupancy, recourse shall be had to the building code and its appendices. 2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, ducts, elevators, escalators). Floor area shall include all habitable areas, including mezzanines, finished attics and enclosed balconies. (a) Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of that floor area. (b) Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors • which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of that floor area. (c) Residential Occupancies: For detached, semi-detached and townhouse dwellings, the floor areas of unfinished basements, attached garages, porches and decks shall not be included in the area calculations, but the fee is inclusive of these areas. For the other residential occupancies, the "Residential Occupancies" rate shall apply to the floor areas of floors which are principally of residential use. Other rates shall be applied to other floors based on the principal use of that floor area. (d) Business and Personal Services & Mercantile Occupancies: The "Business and Personal Services & Mercantile Occupancies" rate shall apply to the floor areas of floors which are principally of business and personal service or mercantile use. Other rates shall be applied to other floors based on the principal use of that floor area. 382 Schedule B— Part B • D LP' J.:,Fr Fees Payable for Building Permits (e) Industrial Occupancies: Each "Industrial'Occupancies" rate includes subsidiary incidental finished office space to a maximum of 10% of the total floor area. The "Interior Partitioning and Finishing" rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area. 3. "Construction value", as used in Item 10 of Schedule B — Part B, means the value of the proposed construction as determined by the Chief Building Official, whose determination of that value shall be final. • • • • 383 Schedule C — Part A Documents & Drawings required for Permit Applications Row Classof Permit r 5 Documents and Drawings Required + 4 1(a) Building Permit Documents a Applicable Law Checklist Residential b Acknowledgement of incomplete application c Mechanical Ventilation Design Summary - . Detached houses a Energy Efficiency Design Summary Form or - Semi-detached houses Approved Alternate - Triplexes e Regional Municipality of Durham Building - Fourplexes Permit for Sewage System - Townhouses f Geotechnical report g Regional Municipality of Durham Residential Development Charges Information Form h School Boards Education Development Charge Information Form Regional Connection Application for Water/Sewer Drawings a Approved Site Plan b Approved Grading Plan c Architectural Drawings and specifications a Structural Drawings e HVAC Drawings and.equipment specifications 1(b) Building Permit Documents Residential as in 1(a) a Applicable Law Checklist - Alterations b Acknowledgement of incomplete application - Additions ' c Regional Municipality of Durham Building - Accessory Buildings Permit for Private Sewage System a Energy Efficiency Design Summary Form (additions) Drawings a Approved Site Plan b Approved Grading Plan (as required) c Architectural Drawings and specifications a Structural Drawings e , HVAC Drawings and specifications 384 • Schedule C — Part A !;, r : Documents & Drawings required for Permit Applications Row , = Documents and Drawings Required 2(a) Building Permit Documents Non-residential and other a Applicable Law Checklist residential not provided for in b Acknowledgement of incomplete application row 1(a) or 1(b) c Commitment to General Reviews by - New Buildings Architect & Engineers - Additions a Ontario Building Code Data Matrix e Land and Building Use Declaration f Confirmation of Energy Efficient Design g . Regional Municipality of Durham Commercial Development Charges Information form h School Board Development Charge Information form Regional Municipality of Durham Building Permit for Private Sewage System Drawings a Approved Site Plan b Approved Grading Plan c Architectural Drawings d Structural Drawings e HVAC Drawings f Plumbing Drawings g Electrical Drawings h Fire Protection Drawings Geotechnical Report Specifications 2(b) Building Permit Documents Non-residential and other a Applicable Law Checklist residential as in 2(a)) b Acknowledgement of incomplete application -. Alterations c Commitment to General Reviews by - Renovations Architect & Engineers - Tenant Occupancies a Ontario Building Code Data Matrix e Confirmation of Energy Efficient Design (exterior alterations) Drawings a Location Plan b Architectural Drawings c Structural Drawings a HVAC Drawings e Plumbing Drawings f Electrical Drawings e Fire Protection Drawings 385 • Schedule C — Part A Documents & Drawings required for Permit Applications • • ;rct�� '-.�»a.� _° s R ,� Yj "2 < r y, .arir ,,.,.4.,_s,.�,. ,ry rc �,,.cx � .� s,:..: ti R �. V ' Class of Permit v " k _ T x g q owe Documents and Drawm s Re u�re .,« . # :` S t"o to<3 lon c`z tzi au -S" � '»b vv (Lf _A`k t s '� ^ ,,.;j,' r,,�eT2i �i �y:°•¢" `_• is R�`E :l NrA -)G y4 >: , iµ-. 'S"^' 1 ]�. f tE ?t F 1 R !'S .'.b, Y ig r. iA M4- ,:?°; �r�- "� ...`'�S t:.�:�.C.,«;.E.�.:.'r�,i�'`:.�`'�'�. �.,.... ���, J'3-r:",'"S.'i,:S':?1k`.�..-,�.c....37t � � -�-,.�ry�_.•n�:,.:r.ts-'�:isa.�:..cr..cvs.;';4_.;..,,. ...Yc.s,.,�a s.'.<a....., Ne...°cz:N 3. Building Permits Documents Other than rows 1(a) to 2(b) above a Applicable Law Checklist b Acknowledgement of,incomplete application c Documents from rows 1 a to 2b, or other documents which are applicable to the scope of work proposed - Drawings • a Drawings from rows la to 2b which are applicable to the scope of work proposed 4. Change of Use Permit Documents • - a Applicable Law Checklist b Acknowledgement of incomplete application Drawings • a Location Plan . . b Architectural Drawings HVAC Drawings a Fire Protection Drawings (where applicable) 5. Demolition Permit Documents a Applicable Law Checklist b Acknowledgement of incomplete application c Commitment to General Review by Engineer a Demolition Methodology by Engineer • e Demolition Approvals Drawings • • a Site Plan/Fencing Plan • Notes: 1. The documents described in this schedule are available from the Chief Building Official. • 2. A description of the information required on drawings is contained in Part B of this schedule. 3. The Chief Building Official may waive the requirements for any specified documents or drawings where the scope of the work, applicable law or building code requirements does not necessitate its submission. 386 • • Schedule C — Part B DRAFT InformationRequrredo.nD:rawings •Drawifkr. CIasofPérmit - itefn - • Information Required , Part A Row'No ype -. .V.T; 1(6). ,A-(b)'' 2`(b),:,723 4 1. Site Plan a Legal description, survey property lines, property dimensions, compass x x x orientation, location and name of adjacent roads b Outline of all existing and proposed buildings and structures, building x x. x dimensions and their distance to • _ • property lines c Dimensions and location of parking and vehicle access and fire routes d Dimensions and location of barrier-free parking, curb cuts, path of travel to building and building access 2. Grading Plan a Signature and seal of professional engineer, landscape architect or Ontarioland surveyor b Property lines, easements sidewalks, driveways, building location, curb cuts, retaining walls c Location of catch basins, above and below ground utilities, and connections to services d Existing and proposed elevations within the site and at property lines, retaining wall elevation, slopes of driveways, drainage flow and swales 3. Structural a Foundation plans, floor and roof framing plans, footing, column and beam schedules, structural details x x x x and material specifications b Design specifications, live and dead loading, wind and snow loading, earthquake loading, geotechnical x x x report design basis c Structural drawings sealed by a professional engineer for all structural elements not within the scope of Part 9 of the building code x x x x 387 Schedule C — Part B Information Required on Drawings .:,•%4;,, ::`*'$:MR:::::,.':.,!,-;;;i:Tg4,1W1, 1,-z-,11,v,.,:p.tige-e,o(5f p6fhi Drawing lter I rifiirittatiOWRetiiireed#A,',74,1*-:Z (0) tor,: (4):1: t d Roof and floor truss drawings sealed by a professional engineer • 4. Architectural a Existing plans showing construction and room and space identification of all floors in the area of proposed work or occupancy • b Plans of all floors including basements complete with all rooms • x • and room names c Roof plan showing roof slope, drainage, roof and roofing construction details X x x d Building elevations showing grade, floor and ceiling heights, overall • building height, exterior finish x • x materials, window heights and sizes • and spatial separation requirements e Residential construction details including proposed wall section from footing to roof, specifications of all wall, floor and roof assemblies and all building materials and construction specifications f Stairs, guards and handrail dimensions and details, window sizes and height above floor level; location and fuel type of all fireplaces g Mezzanine plan showing construction, guardrails, egress x x h Location and details of barrier free entrances and barrier free washrooms 388 Schedule C — Part B ro _ Ala • Information Required on Drawings �Y Class of Permit 'f S Drawing $5 • Item Type , • Information Required ' Part A,Row Noy sit r , 1(a) . 161. A7111.1 2(b 3{ i Reflected ceiling plans, bulkhead details, horizontal service shaft details X X j Roof equipment screening, anchorage for window washing, roof access x • kBuild.ing cross sections showing grade, floor and ceiling heights, horizontal and vertical fire x x x separations I Enlarged sections and detail plans • of washrooms and exit stairs x x M Wall sections, plan and section construction details x x n Exit stair enclosure, wall construction details, fire separations and listed design x x numbers, door numbers referenced to a door schedule o Door and hardware schedule, door and frame details, window schedule, room finish schedule X X 5. HVAC a Heating, ventilating and air conditioning plans, service shafts, x x x equipment layout and schedules b Heat loss and gain calculations, ventilation design summary x c Fire damper locations, kitchen exhaust equipment x x x • . _ • 389 Schedule C — Part B : :�" T Information Required on Drawings Drawing Class of Permit r e m Information Required Part A Row No Ite a Type f � 2(b) 6. Plumbing a Plumbing and drainage plans; location and sizing of under and above ground storm, sanitary and x X water supply piping and appurtenances b Location of firestopping; specifications of plumbing and X X X X firestopping materials 7. Electrical a Electrical supply and distribution plans; location of power and lighting outlets; equipment schedules; X X transformer locations b Location and specification of emergency lighting, emergency x x x generators and exit signage 8. Fire a Fire hydrant locations, sprinkler and Protection• standpipe distribution plans and schedules; sprinkler head layout; X X fire hose cabinet locations b Location and specification of emergency lighting, emergency generators and exit signage; fire X X alarm system annunciator, diagrams and specifications c Location of smoke alarms and carbon monoxide detectors x x x x Notes 1. Where indicated by an X, the information described is required to be included on the drawings for the class of permit specified. 2. Required information may be located or consolidated on other drawings rather than the drawing specified in this schedule. 3. The Chief Building Official may waive the requirement for any required information specified in this schedule due to limited scope of work, applicable law or building code requirements. 390 Schedule D Code of Conduct for Building Officials Purpose 1. To promote appropriate standards of behaviour and enforcement actions by the Chief Building Official, Deputy Chief Building Official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the Chief Building Official, Deputy Chief Building Official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. • 3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the Chief Building Official, Deputy Chief Building Official and inspectors. Enforcement Guidelines The Chief Building Official, Deputy Chief Building Official and inspectors appointed in Schedule A shall comply with this code of conduct. Any appointed Chief Building Official, Deputy Chief Building Official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the Chief Building Official. Where the allegation concerns the actions of the Chief Building Official, the matter may be brought to the attention of the senior staff person to whom the Chief Building Official reports. Any Chief Building Official or senior staff person who receives a written complaint alleging a significant breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the employment standards of the place of work. All communications received by a Chief Building Official or senior staff person concerning a breach of this code shall be held in confidence. The Chief Building Official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion. 391 Schedule D • Code of Conduct for Building Officials 'M'1,T.. J. Code of Conduct • In exercising powers and performing duties under the Building Code Act, the Chief Building Official, Deputy Chief Building Official and inspectors shall: 1. Exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable law that governs the authorization, construction, occupancy and safety of buildings and designated structures, and the actions, duties and qualifications of Chief Building Officials, Deputy Chief Building Officials and inspectors; -2. Act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; - 3. Apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; 4. Not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; 5. Obtain the counsel of persons with expertise where the Chief Building Official, Deputy Chief Building Official or inspector does not possess sufficient knowledge to make an informed judgment; and 6. Act honestly; reasonably and professionally in the discharge of their duties. • 392