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HomeMy WebLinkAboutBy-law 4647/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW No, 4647 /c.9~ Being a by-law to provide for the administration and enforcement of the Ontario Building Code Act within the Town of Picketing WHEREAS, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, the Council of The Corporation of the Town of Pickering is responsible for the enfomement of the Act within the Town of Pickering; and WHEREAS, pursuant to the provisions of subsection 3(2) of the Act, the Council shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act within the Town of Picketing; and WHEREAS, the provisions of section 7 of the Act authorize the Council to pass by-laws as follows: (a) prescribing classes of permits under the Act, including permits in respect of any stage of construction or demolition; (b) providing for applications for permits and requiring the applications to be accompanied by such plans, specifications, documents and other information as is prescribed; (c) requiring the payment of fees on applications for and issuance of permits and prescribing the amounts thereof; (d) providing for refunds of fees under such circumstances as are prescribed; (e) prescribing the time within which notices required by the regulations must be given to the chief building official or an inspector; (f) prescribing forms respecting permits and applications for permits and providing for their use; (g) enabling the chief building official to require that a set of plans of a building or any class of buildings as constructed be filed with the chief building official on completion of the construction under such conditions as may be prescribed in the building code; and (h) providing for the transfer of permits when land changes ownership; (i) requiring the person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed; and (j) prescribing the height and description of the fences required under subsection 7(i) of the Act. NOW THEREFORE the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this by-law, (a) "Act" means the Building Code Act, 1992, S.O. 1992, chapter 23, as amended from time to time, and any successor thereto; (b) "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; (c) "building" has the meaning ascribed to it in subsection 1(1) of the Act; (d) "building code" has the meaning ascribed to it in subsection 1(1) of the Act; (e) "chief building official" has the meaning ascribed to it in subsection 1 (1) of the Act, and includes the person appointed from time to time by the Council as the acting chief building official; (f) "Council" means the Council of The Corporation of the Town of Pickering; (g) "holiday" means New Year's Day, Good Friday, Easter Monday, Christmas Day, the birthday or the day fixed by proclamation of the Governor General for the celebration of the reigning Sovereign, Victoria Day, Dominion Day, Labour Day, and any day appointed by proclamation of the Governor General or the Lieutenant Governor as a public holiday or for a general fast or thanksgiving, and where any holiday falls on a Saturday or a Sunday, the Monday following is in lieu thereof a holiday. (h) "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; (i) "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, or (ii) to occupy a building or a part thereof; and (j) "permit holder" means an owner to whom a permit has been issued. APPOINTMENTS 2. Each person whose name is set out in Column 2 of Schedule A herein is hereby appointed to the position set out beside that person's name in Column 1 thereof. CLASSES OF PERMITS 3. For the purposes of the Act and the building code, there shall be six classes of permits, namely: (a) building permit, respecting the complete construction of a building or part of a building; (b) partial building permit, respecting the partial construction of a building or part of a building; (c) conditional building permit, respecting the partial construction of a building or part of a building subject to conditions imposed pursuant to subsection 8(3) of the Act; (d) demolition permit, respecting the demolition of a building or part of a building; and (e) change of use permit, respecting a change in occupancy of a building or part of a building which results in an increase in hazard as determined under the building code. (f) authority to occupy permit, respecting the occupancy of a building or part of a building prior to completion, pursuant to subsection 2.4.3 of the building code. PERMIT APPLICATIONS 4. (1) To obtain a permit, an applicant shall submit an application therefor to the chief building official in writing on forms prescribed by the chief building official and available from the Town of Pickering. Building Permits (2) Every application for a building permit 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; (b) describe the land on which the work is to be done by both legal description and municipal address; (c) be accompanied by the plans, specifications, documents and other information required pursuant to section 6 herein; (d) be accompanied by the appropriate fee calculated in accordance with Schedule B herein; (e) state the name, address, telephone number and facsimile number of each owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the work; (f) include, where the applicant is a builder as defined in the Ontario New Home Warranties Plan Act, R.S.O. 1990, chapter O.31, as amended from time to time, or any successor thereto, the applicant's registration number thereunder; and (g) be signed by the applicant who shall certify as to the truth of the contents of the application. Demolition Permits (3) Every application for a demolition permit 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 contpletion of the demolition; (b) describe the land on which the work is to be done by both legal description and municipal address; (c) be accompanied by the plans, specifications, documents and other information required pursuant to section 6 herein; (d) be accompanied by the appropriate fee calculated in accordance with Schedule B herein; (e) state the name, address, telephone number and facsimile number of each owner, applicant and engineer, and the person hired to carry out the work; (f) be accompanied by evidence satisfactory to the chief building official that 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 (g) be signed by the applicant who shall certify as to the truth of the contents of the application. Partial Building Permits (4) Where the issuance of a partial building permit respecting the partial construction of a building or part of a building is sought, an application for a building permit respecting the complete construction of the building or part of a building shall be submitted, which application shall be complete in all respects, except that the plans, specifications, documents and other information required under clause 4(2)(c) herein may be limited to, (a) plans, specifications, documents and other information relating to the building or part of a building for which the partial building permit is sought; and (b) such plans, specifications, documents and other information relating to the remainder of the building as may be required by the chief building official. Conditional Building Permits (5) Where the issuance of a conditional building permit respecting the partial construction of a building or part of a building is sought, an application for a building permit respecting the complete construction of the building or part of a building shall be submitted, which application shall be complete in all respects, except that the plans, specifications, documents and other information required under clause 4(2)(c) and section 6 herein, shall be supplemented by, (a) a written statement from the applicant explaining why the applicant believes that unreasonable delays in construction would occur if a conditional building permit is not issued; (b) 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; and (c) 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. (6) Where a conditional building permit is sought, the applicant has complied with subsection 4(5) herein, the chief building official is satisfied that the compliance required under clause 8(3)(a) of the Act has been achieved, and the chief building official is of the 4 opinion that unreasonable delays in the construction would result if a conditional building permit were not issued, the chief building official is hereby authorized to execute on behalf of The Corporation of the Town of Pickering the written agreement referred to in clause 4(5)(c) herein as part of the conditional building permit application. (7) Where deemed necessary by the chief building official, the agreement referred to in clause 4(5)(c) herein may be registered on title to the lands upon which is located or will be located the building or part thereof for which the application for permit has been made, and the chief building official may require financial securities be provided to the Town of Pickering. Change of Use Permits (8) Every application for a change of use permit 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) describe the land on which the change of use is to occur by both legal description and municipal address; (c) 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; (d) be accompanied by the appropriate fee calculated in accordance with Schedule B herein; (e) state the name, address, telephone number and facsimile number of each owner and applicant; and (f) be signed by the applicant who shall certify as to the truth of the contents of the application. Authority to Occupy Permits (9) Every application for an authority to occupy permit 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 a permit is made; (b) describe the land on which the building is located by both legal description and municipal address; (c) be accompanied by plans which show the areas of the proposed occupancy; (d) be accompanied by the appropriate fee calculated in accordance with Schedule B herein; (e) state the name, address, telephone number and facsimile number of each owner and applicant; and (f) be signed by the applicant who shall certify as to the truth of the contents of the application. FENCES AT CONSTRUCTION AND DEMOLITION SITES 5. (1) Where, in the opinion of the chief building official, a construction or demolition site presents a hazard to the public, the chief building official may require the permit holder to erect such fences as the chief building official deems appropriate to the cimumstances. (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 shall have regard for, (a) the proximity of the building site to other 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. PLANS AND SPECIFICATIONS 6. (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, or change of use will contravene the Act, the building code or any other applicable law. (2) The chief building official shall determine the number of copies of plans, specifications, documents and other information required to be submitted with an application. (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 and to scale. (4) Any site plan submitted by the applicant shall be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of that survey shall accompany the site plan submission, except where the chief building official waives the requirement to do so. 7. On the completion of the construction of a building or part of a building, the chief building official may require 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, to be deposited with the Town of Pickering. INCOMPLETE OR ABANDONED PERMIT APPLICATIONS 8. (1) An application shall be deemed to be incomplete where, (a) any of the applicable requirements of section 4 herein have not been complied with; or (b) the chief building official determines 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) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) the application is incomplete and remains incomplete six months after it was submitted; or (b) the application is complete, a permit is available to be issued, and six months have elapsed from the date upon which the Town mailed notification thereof to the applicant at the applicant's address shown on the application. PERMIT ISSUANCE 9. (1) Where the applicable requirements of section 4 herein have been complied with, and the chief building official determines that the proposed building, construction, demolition or change of use will not contravene the Act, the building code or any other applicable law, the chief building official shall issue a permit. (2) Where the issuance of a partial building permit respecting the partial construction of a building or part of a building is sought, and the requirements of subsection 4(4) herein have been complied with, and the chief building official determines that the proposed building or construction will not contravene the Act, the building code or any other applicable law, the chief building official may issue a partial building permit, but the chief building official shall not, by reason of the issuance of such a permit, be under any obligation to issue any further permit or permits relating to other parts of the building or to the entire building. (3) Where the issuance of a conditional building permit respecting the partial construction of a building or part of a building is sought, and the requirements of subsection 4(5) herein have been complied with, an agreement under subsections 4(6) and, where applicable, 4(7) herein has been executed, and the chief building official determines that the proposed building or construction will not contravene the Act, the building code or any other applicable law, the chief building official may issue a conditional building permit, but the chief building official shall not be under any obligation, by reason of the issuance of such a permit, to issue any further permit or permits relating to other parts of the building or to the entire building. PERMIT REVISION 10. 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, and the provisions of sections 4 and 6 herein shall apply to such application. PERMIT TRANSFER 11. (1) A permit may be transferred by a permit holder to another person being the current registered owner of the lands only upon the proposed transferee submitting an application 7 therefor to the Town in writing in accordance with the requirements of section 4 herein and upon providing proof of ownership of the lands satisfactory to the chief building official. (2) Every application for the transfer of permit shall, (a) 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 for the permit; (b) state the name, address, telephone number and facsimile number of each proposed transferee; (c) state the name, address, telephone number and facsimile number of the proposed architect, engineer or other designer, and constructor or person hired to carry out the work, where they are different from those identified in the application for the permit; (d) include a written statement from the architect or engineer, or both, that he or she has been retained to provide a general review of the construction or demolition where required under the building code; (e) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, or any successor thereto, the proposed transferee's registration number thereunder; and (f) be signed by the permit holder and by the proposed transferee each of whom shall certify as to the truth of the contents of'the application. (3) The provisions of section 8 herein shall apply to an application for the transfer of a permit, as if the application for the transfer of a permit were an application for a permit. (4) 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. PERMIT REVOCATION 12. (1) Prior to revoking a permit, the chief building official shall give written notice of his or her intention to revoke the permit to the permit holder at the permit holder's address shown on the permit application or to such other address as the permit holder may provide to the Town for that purpose, and the permit may be revoked without further notice and all submitted plans, specifications, documents and other information may be disposed of or, upon written request therefor, returned to the permit holder. (2) Notice under subsection 12(1) herein 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 third day after the day of mailing. FEES AND REFUNDS OF FEES 13. (1) Where a fee is to be paid as part of a permit application under any provision of this by- law, the amount of the fee shall be calculated in accordance with Schedule B herein and, except as provided in subsection 13(2) herein, the fee shall be due and payable in full upon submission of the application in respect of which it is to be paid. (2) Despite the provisions of subsection 13(1) herein, where the amount of a fee to be paid as part of a permit application, as calculated in accordance with the provisions of Schedule B herein, exceeds $10,000, a deposit of $10,000 may be paid with the permit application, and the balance of the amount of the fee shall be due and payable in full prior to the issuance of the permit. (3) Where the calculation in accordance with the provisions of Schedule B herein of the amount ora fee to be paid as part of a permit application is to be based in whole or in part upon the building category and floor area of the proposed construction, the chief building official, or a person designated by the chief building official to do so, shall determine the appropriate building category and floor area, and that determination shall be final. 14. (1) 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 as provided in subsection 8(2) herein; (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 Town, in accordance with subsections 14(2), 14(3), 14(4), 14(5), 14(6)and 14(7)herein. (2) Eighty-five per cent (85%) of the fee paid shall be refunded if only application administrative functions within the Department of Public Works, Building Services Division have been performed. (3) Seventy-five per cent (75%) of the fee paid shall be refunded if only the following have been performed, (a) the functions described in subsection 14(2) herein, and (b) zoning review functions within the Town's Planning Department. (4) Fifty-five per cent (55%) of the fee paid shall be refunded if only the following have been performed, (a) the functions described in subsection 14(3) herein, and (b) building code compliance review functions within the Town's Department of Public Works, Building Services Division. (5) Forty-five per cent (45%) of the fee paid shall be refunded if only the following have been performed, (a) the functions described in subsection 14(4) herein have been performed, and (b) the permit has been issued. (6) No refund of any portion of the fee paid shall be made if any construction or demolition has commenced. (7) Any mount authorized by the chief building official to be refunded pursuant to subsection 14(1) herein shall be refunded to the person named on the fee receipt issued by the Town upon original payment of the fee, unless that person directs in writing that it be refunded to another person. NOTICES TO CHIEF BUILDING OFFICIAL 15. (1) A notice required to be given by a permit holder to the chief building official pursuant to subsection 2.4.5 of the building code shall be given to the chief building official at least two days in advance of the construction stage of which notice is being given. (2) For the purposes of subsection 15(1) herein, the term "day" means any Monday, Tuesday, Wednesday, Thursday or Friday other than a holiday as defined in clause l(g) herein. (3) A notice given to the chief building official pursuant to subsection 2.4.5 of the building code may be given orally or in writing either to the chief building official or to an inspector, and if given to an inspector in accordance with this section, shall be deemed to have been given to the chief building official. (4) A notice given to the chief building official pursuant to subsection 2.4.5 of the building code and this section shall not be effective until actually received by the chief building official or inspector, as the case may be. INTERPRETATION AND IMPLEMENTATION 16. Schedules A and B attached shall form part of this by-law. 17. By-laws 3855/91, 4046/92, 4239/93 and 4458/94 are hereby repealed. 18. This bylaw shall come into force and effect immediately on the final passing thereof. BY-LAW read a first, second and third time and finally passed this 17th day of July, 1995. Bruce Taylor, Clerk 10 SCHEDULE A APPOINTMENTS (section2) Item Column 1 Column 2 1. Chief Building Official Timothy Moore 2. Acting Chief Building Official Richard Holborn 3. Inspector Martin Chan 4. Inspector Toby Hill 5. Inspector Brian Holmes 6. Inspector Robert Lalonde 7. Inspector Michael St. Jean 8. Inspector Taylor Young 11 SCHEDULE B FEESPAYABLE (sections4andl2) PART A -- FEES PAYABLE FOR SPECIFIC CLASSES OF PEILMITS Item Class of Permit Fee Payable 1. Building Permit See Part B Applicable Building Permit Fee payable 2. Partial Building Permit plus $500 Applicable Building Permit Fee payable 3. Conditional Building Permit plus $1,000 $10 for each 100 square metres 4. Demolition Permit of floor area or part thereof, minimum $50 5. Change of Use Permit $50 6. Authority to Occupy Permit $100 12 PART B -- FEES PAYABLE FOR BUILDING PERMITS Item Building Type Fee Payable 1. Assembly Occupancies ! $12.00 for each square metre of floor area or part thereof, minimum $50.00 2. Institutional Occupancies $14.00 for each square metre of floor area or part thereof, minimum $50.00 3. Residential Occupancies apartment buildings $7.00 for each square metre of floor area or part thereof, minimum $50.00 detached, semi-detached and townhouse $8.50 for each square metre of floor area dwellings, & other residential occupancies or part thereof, minimum $50.00 4. Business and Personal Service Occupancies single storey business plazas (shell) $7.00 for each square metre of floor area or part thereof, minimum $50.00 multi-storey office buildings (shell) $8.50 for each square metre of floor area or part thereof, minimum $50.00 other business and personal service $10.50 for each square metre of floor area occupancies or part thereof, minimum $50.00 5. Mercantile Occupancies single storey buildings $7.00 for each square metre of floor area or part thereof, minimum $50.00 multi-storey buildings $8.50 for each square metre of floor area or part thereof, minimum $50.00 6. Industrial Occupancies farm buildings and unserviced storage buildings $3.00 for each square metre of floor area or part thereof, minimum $50.00 other industrial buildings $5.50 for each square metre of floor area or part thereof, minimum $50.00 7. Parking Garages, Unfinished Basements and Service Floors in any building new structures $4.00 for each square metre of floor area or part thereof, minimum $50.00 repairs $1.00 for each square metre of floor area or part thereof, minimum $50.00 8. Interior Partitioning and Finishing $2.00 for each square metre of floor area (as part of original construction) or part thereof, minimum $50.00 9. Minor Residential Structures and Alterations, $50.00 including decks, gazebos (each) partitioning 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 10. Minor Non-Residential Structures, including $50.00 school portables (each) temporary prefabricated trailers (each) temporary tent (each) other similar minor structures associated with a non-residential use 11. Alterations to existing buildings $10.00 for each $1,000 of construction value (not provided for in Items 1 to 10) or part thereof, minimum $50.00 For the proper interpretation and application of this Schedule, see Notes following. 13 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 building type for any 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 centre line 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. A~sembly 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 the total floor area. B. Illstitutional 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 the total floor area. C. l~.~sidential Occupancies: For detached, semi-detached and townhouse dwellings, the floor areas of unfinished basements and attached garages shall not be included in the area calculations, but the fee is inclusive of these areas. For 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 the total floor area. D. Business and Personal Services Occupancies: The applicable "shell" rate shall be applied to the floor areas of a speculative structure, where the only finished floor areas are to be the common areas (e.g., lobby, corridors, washrooms). The "Interior Partitioning and Finishing" rate shall be applied where finished floor areas are to be provided in other than common areas. Other rates shall be applied to other floors based on the principal use oftbe total floor area. E. Mercantile Occupancies: The "Mercantile Occupancies" rate shall be applied to the floor areas of a speculative structure, where the only finished floor areas are to be the common areas (e.g., lobby, corridors, washrooms). The "Interior Partitioning and Finishing" rate shall be applied where finished floor areas are to be provided in other than common areas. Other rates shall be applied to other floors based on the principal use of the total floor area. F. Illdustrial Occup~mcies: Each "Industrial Occupancies" rate includes 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 11 of Part B of this Schedule, means the value of the proposed construction as determined by the chief building official, whose determination of that value shall be final. 14 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3855/91 a By-,a., ,o ,,ro,,de the ad, n,n,.,,r,,, : I FIED A TRU[! COF¥ enforcement of the Ontario Building Code wi ownofP,cker,ng. I'"'"" .;, - ''' KATHIT¥?,I McKAY, A.k,l.~. I. DEPUTY CLERK WHEREAS subsection 3(1) of the Building Code Act, R.S.O. 1980, chapter 51, provides thai the council of each municipality is responsible for the enforcement of the Act in the municipality; and WHEREAS subsection 3(2) of the Act provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act in the areas in which the municipality has jurisdiction; and WHEREAS subsection 5(2) of the Act provides that the council of a municipality may pass by-laws applicable in the area in which the municipality has jurisdiction for the enforcement of the Act, (a) prescribing classes of permits for the purposes of subsection 5(1) of the Act, including permits in respect of any stage of construction or demolition; (b) providing for applications for permits and requiring the applications to be accompanied by such plans, specifications, documents and other infom~ation as is prescribed; (c) requiring the payment of fees on applications for and issuance of permits and prescribing the amounts thereof; (d) providing for the refunding of fees under such circumstances as are prescribed; (e) prescribing the time within which notices required by the regulations must be given to the chief official or an inspector; (f) prescribing forms respecting permits and applications for permits and providing for their use; and (g) requiring that a set of plans of buildings as constructed be filed with the chief official on comDle, tion of the construction of buildings of such class or classes as prescribed by the regutat~ons; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this by-law, (a) "Act" means the BuiMing Code Act, R.S.O. 1980, chapter 51, as amended from time to time, and any successor thereto; (b) "applicant" means a person who applies for a permit and includes any person authorized in writing by an owner to apply for a permit on the owner's behalf; (c) "chief official" includes the person appointed from time to time by the Council as the acting chief building official; (d) "Council" means the Council of The Corporation of the Town of Picketing; (e) "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 made; (f) "permit" means permission or authorization given in writing by the chief official, (i) to perform work regulated by the Act and the building code, or (ii) to occupy a building or part thereof; (g) "permit holder" means a person to whom a permit is issued; (h) "prescribed value" means the value, as determined by the chief official or a person designated by the chief official to do so, of the construction of a proposed building or part thereof for which an application for a permit is made, including the value of all work, services and materials in respect of its construction and of all professional and similar services related to its construction. 2. Each person whose name is set out in Column 2 of Schedule A hereto is hereby appointed to the position set out beside that person's name in Column 1 thereof. CI..A~SES OF PERMITS 3. For the purposes of subsection 5(i ) of the Act, there shall be four classes of permits, namely, (a) building permit, respecting the construction of all or part of a building; (b) partial building permit, respecting thc partial construction of all or part of a building; (c) relocation building permit, respecting the relocation of all or part of a building; (d) demolition permit, respecting the demolition of all or part of a building. PERMrr APPLICATIONS 4. (1) To obtain a permit, an applicant shall submit an application therefor to the Town in writing on forms prescribed by the chief official and available from the Town's Department of Public Works, Building Division. (2) Every application for a permit 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; (b) describe the land on which the work is to be done by both municipal address and legal description, providing in support thereof a copy of the transfer or deed by which the owner claims title to the land; (c) be accompanied by the plans, specifications, documents and other information requixed pursuant to section 5 hereof; (d) state the applicant's valuation of the construction for which the application for a permit is made, including the valuation of all work, services and materials and of all professional and similar services related thereto; (e) be accompanied by the appropriate fee calculated in accordance with Schedule B hereto; (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; (g) include, where the applicant is a builder as del'reed in the Ontario New Home Warranties Plan Act, the applicant's registration number thereunder; (h) be signed by the applicant who shall certify as to the truth of the contents of the application; and (i) if the applicant is not the owner, be signed by the owner or be accompanied by written authorization from the owner authorizing the applicant to make the application. (3) Subject to the provisions of subsection 6(1) hereof, an application shall be incomplete unless the requirements of subsection (2) have been complied with. (4) No application shall be processed by the Town unless the application is complete. (5) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) the application is incomplete and remains incomplete six months after it was submitted; or the application is c~mplete, a permit is available to be issue, d~, and six months (b) the applicant at th~ applicant's address shown on the application. have elapsed from/the date upon which the Town mailed notification thereof to ~PI~aNS AND SPECIFICATIONS 5. (i) Every applicant s~/all submit sufficient plans, specifications, documents and other information to ennoble the chief official to determine whether the proposed building, constmctinn or ~,einolition, (a) will not ~6mply with the Act or the building code, or / (b) will con/ravene any other applicable law. (2) The chief official shall determine the number of copies of plans, specifications, documents and other itfformation required to be submitted with an application. (3) Plans submitted by the applicant shall be drawn to scale upon paper, cloth or other suitable and durable material. (4) Site plans submitted by the applicant shall be referenced to a current plan of survey prepared and certified by a registered Ontario Land Surveyor, a copy of which survey shall be submitted to the Town. (5) On completion of the construction of a building, the chief official may require a set of plans of the building as constructed, including a plan of survey prepared and certified by a registered Ontario Land Surveyor showing its location, to be submitted to the Town. PERM1T FOR PART OF A BUILDIHQ 6. (1) Where the issuance of a permit for part of a building is requested prior to the issuance of a permit for the entire building, an application for a permit for the entire building shall be submitted, wlfich application shall be complete in all respects for the entire building, except that the plans, specifications, documents and other information required pursuant to clause 4(2)(c) and section 5 hereof may be limited to, (a) the plans, specifications, documents and other information relating to the pan of the buildh~g for which the earlier permit issuance is requested; and (b) such information relating to the remainder of the building as may be required by the chief official. (2) The chief official may, where the requirements of subsection (1) have been complied with, issue a permit for part of a building. (3) The chief official shall not, by reason of issuance of a permit for part of a building, be under any obligation to issue any further permit or permits relating to other parts of the building or to the entire building. PERMIT REVOCATION 7. (1) Prior to revoking a permit, the chief official shall give written notice of his or her retention to revoke the permit to the permit holder at the permit holder's address shown on the permit application or to such other address as the permit holder may provide to the Town for that purpose, and the permit may be revoked without further nonce and all submitted plans, specifications, documents and other information may be disposed of or, upon written request therefor, delivered to the permit holder. (2) Notification under subsection (1) shall be given either personally or by registered mail and where notification is by registered mail, it shall be deemed to have been given on the third day after the day of mailing. 8. (1) A permit may be transferred by a permit holder to another Person only upon the proposed transferee submitting an application therefor to the Town in writing form in accordance with the requirements of subsection 4(1) of this by-law. (2) Every application for the transfer of a permit shall, (a) 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 for the permit; (b) be accompanied by the transfer fee calculated in accordance with Schedule B hereto; (c) state the names, addresses and telephone numbers of the owner, proposed transferee, architect, engineer or other designer, and the constructor or Person hired to carry out the construction or demolition, as the case may be; (d) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, the proposed transferee's registration number thereunder; (e) be signed by the permit holder and by the proposed transferee who shall certify as to the troth of the contents of the application; and (f) if neither the Permit holder nor the proposed transferee is the owner, be signed by the owner or be accompanied by written authorization from the owner authorizing the proposed transferee to make the application. (3) The provisions of subsections 4(3), 4(4) and 4(5) of this by-law shall apply to an application for the transfer of a permit, as if the application for the transfer of a permit were an application for a permit. (4) Upon the issuance of a 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. FEES AND RElrtJlqDS OF l~J~-q 9. Where the fee payable as part of the application for a permit, as calculated in accordance with the provisions of Schedule B hereto, is to be based in whole or in part upon the prescribed value of the proposed construction, the chief official, or a person designated by the chief official to do so, shall determine the prescribed value thereof, and that determination shall be final. 10. (1) 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 as provided in subsection 4(5) hereof; (c) the chief official refuses to issue a Permit applied for by an applicant; or (d) the chief official revokes a permit after it has been issued, the chief 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 Town, as follows: (e) 85% of the fee paid shall be refunded if only administrative functions within the Department of Public Works, Building Division, have been performed; (f) 75% of the fee paid shall be refunded if only, (i) administrative functions within the Town's Department of Public Works, Building Division, and (ii) zoning application review functions within the Town's Plarming Department, have been performed; (g) 55% of the fee paid shall be refunded if only, (i) administrative functions within the Town's Department of Public Works, Building Division, (ii) zoning application review functions within the Town's Planning Department, and (iii) building code compliance review functions within the Town's Department of Public Works, Building Division, have been performed; and (h) no refund of any portion of the fee paid shall be made if functions other than, or in addition to, those referred to in clause (g) have been performed. (2) Any amount authorized by the chief official to be refunded pursuant to subsection (1) shall be refunded to the person named on the fee receipt issued by the Town upon the original payment of the fee, unless that person directs m writing that it be refunded to another person. NOTICES TO ~ OFFICIAL - BUIZ,DI~G CODE. $ECIION 2.4.5 11. (1) Every permit holder shall give the notices required to be given to the chief official pursuant to subsection 2.4.5 of the Building Code within the times set out in Schedule C hereto. (2) A notice given to the chief official pursuant to subsection 2.4.5 of the Building Code may be given orally or in writing to either the chief official or an inspector, and if given to an inspector in accordance with this section, shall be deemed to have been given to the chief official. (3) A notice given to the chief official pursuant to subsection 2.4.5 of the Building Code and this section shall not be effective until actually received by the chief official or inspector, as the case may be. REPEAL OF EXISTING BY-LAWS 12. By-laws 741/'/7, 1244/81 and 2624/87 are hereby repealed. EFFECTIVE DATE 13. This by-law shall come into force and effect on January 1, 1992. BY-LAW read a first, second and third time and finally passed this 7th day of October, 1991. e l'~rs, Mayor TOWN OF' 'Brace Taylor, Cl~r'~ PICKERING APPROVED AS TO FORM LEC-AL DE~- F¢? -5- :i $~UI.J~ A Column 1 Column 2 1. Chief Building Official Stephen Vokes 2. Inspector Toby Hill 3. Inspector Brian Holmes 4. Inspector Tony Tomizer 5. Inspector Taylor Young SCHEDULE B RF-qPF__.C'rlHG TH~ CALCULATION OF ~ FOR THE ISSUANCE OF PERMITS ~ Fee 1. Building Pennit $10 for every $1,000 or part thereof of prescribed value (minimum fee - $50) 2. Partial Building Permit $150 3. Demolition Permit - first 93 square metres gross floor area $50 or part thereof - each subsequent 93 square metres gross $10 floor area or part thereof 4. Relocation Building Permit $50 FOR OTHER PURPOSES 5. Transfer of Permit $150 TIME LIMITS FOR NOTICES UNDER SUBSF_.CHON 2.4.5 OF THE BUIll)ING CODE 1. Commencement of construction of building 2 days before 2. Readiness to construct footings 2 days before 3. Substantial completion of footings and foundations 2 days after 4. Where building within scope of Part } of Building Code, substantial completion of, (a) structural framing 2 days after (b) insulation and vapour barriers 2 days after (c) ductwork and piping for heating and air-conditioning systems 2 days after 5. Where building within scope of parts of Building Code other than Pan 9, substantial completion of, (a) structural framing of each storey 2 days after (b) insulation and vapour barriers 2 days after (c) ductwork and piping for heating, ventilation, air-conditioning and air contaminant extraction systems 2 days after 6. Commencement of construction of, (a) masonry fireplaces and masonry chimneys 2 days before (b) factory-built fireplaces and allied chimneys 2 days before (c) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys 2 days before 7. Substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems 2 days after 8. Substantial completion of interior finishes and heating, ventilating, air-conditioning and air contaminant extraction systems 2 days after 9. Substantial completion of exterior cladding, fire access routes and site grading 2 days after 10. Completion and availability of drawings of building as constructed 2 days after In this schedule, "day" means any of Monday, Tuesday, Wednesday, Thursday and Friday, except when any of them is New Years Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Eve, Christmas Day, Boxing Day or New Years Eve, or any day celebrated in lieu of any of them.