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HomeMy WebLinkAboutBLD 01-23Report to Executive Committee Report Number: BLD 01-23 Date: December 4, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Building By-law Amendments under the Building Code Act - File: L-2000 Recommendation: 1. That BLD 01-23 regarding Building By-law Amendments under the Building Code be received for information; 2. That the City’s Building By-law 7362/14, as amended, which provides for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering, be repealed, and that the new City Building By-law, as set out in Attachment #1 to Report BLD 01-23, be approved, finalized, and forwarded to Council for enactment; and 3. That City officials be authorized to undertake the necessary actions to give effect to Council’s decision. Executive Summary: The purpose of this report is to introduce proposed amendments to the City’s Building By-law to improve the by-law’s effectiveness and functionality through various proposed housekeeping amendments. The current Building By-law is required to be updated to ensure compliance with the regulatory environment within which the Building Services Section operates, and to properly fulfill its legislative duties under the Building Code. Although the existing By-law, as amended, is generally appropriate and currently meets Provincial legislative requirements, staff have identified opportunities to update the wording throughout the By-law that would better account for the City’s transition to electronic plans review, and clarify application submission requirements for the property owner/applicant. The updated By-law will also update definitions and provide wording that is consistent with other Municipal Building By-laws. Considering the number of minor revisions throughout the body of the By-law, and for simplicity, staff are recommending that the existing City Building By-law be repealed and replaced with a new City Building By-law (see Attachment #1, Recommended Amendment to the City's Building By-law). Financial Implications: The recommendations of this report do not present any financial implications for the City. BLD 01-23 December 4, 2023 Subject: Building By-law Amendments under the Building Code Act Page 2 Discussion: 1. Background 1.1 The Building Code Act The construction, renovation, demolition and change of use of buildings are regulated through the Building Code Act, 1992 (BCA) and the Ontario Building Code (OBC). The BCA and the OBC are enforced locally, through municipalities, by reviewing building permit applications, issuing permits, inspecting buildings under construction, and taking enforcement action where contraventions are found. The BCA sets the regulatory framework for the construction, renovation, and change of use of buildings. It sets out or authorizes technical standards, administrative procedures, enforcement powers, mechanisms for dispute of appeals, and approvals of new products and systems. The Council of a municipality may pass a by-law (The Building By-law) applicable to the matters for which, and in the area in which, the municipality has jurisdiction for the enforcement of the BCA. The BCA also authorizes Council to levy permit fees. The responsibility rests with Council to determine an appropriate fee structure for all classes of building permits. Council currently has in place By-law 7362/14, with amendments, which is required to provide for the administration and enforcement of the BCA and the OBC within the City. 2. Summary of the Proposed Changes A full review of the existing Building By-law was conducted with the goal of modernizing terminology, updating references to provincial statues, and introducing improvements where required through editorial changes. The proposed changes within the new By-law are intended to clarify Building Permit requirements; and enhance both enforcement tools and the electronic permitting process. The amendments to the Building By-law are primarily of an administrative or “housekeeping” nature and include the following highlights: • appointment of Intern Inspectors; • updates to include Electronic Submission requirements for building permit applications; • update to authorize the Chief Building Official to appoint individuals as Building Officials; • update of the Certified Model Home process; • update to the application of the Building Permit Surcharge; • addition of a limitation period to the Fee Refunds section; BLD 01-23 December 4, 2023 Subject: Building By-law Amendments under the Building Code Act Page 3 • addition of Commercial Construction Protection requirements given the increase in high density development in established areas; • addition of the requirement to post constructor contact information on site; and • updates to Schedules A to E. 2.1 Electronic Submissions for Building Permit Applications Since the passing of the current Building By-law in 2014, there have been a number of process changes within Building Services and the design industry. Although the building permit review process for most municipalities was predominantly paper based (prior to 2020), certain large municipalities, such as Toronto and Markham, had made significant progress with respect to electronic plans review. Private sector firms, engaged in the design of buildings, had long since established the use of computer aided design software systems. With the onset of the COVID-19 pandemic, many municipalities transitioned their processes to a digital format to continue to serve their residents and issue building permits safely. Building Services was well poised for this transition. In a joint project with the Information Technology (IT) Section, starting in 2018, the planning for a digital portal for permit submissions had already begun. The City’s adoption of an electronic building permit review process has optimized the use of current technology and has provided opportunities for improved customer service and efficiencies through: • streamlining workflows; • consistency with building permit documentation; • minimization of printing costs; • reduced archiving and storage costs; • reduced trips by the applicant and representatives to the Civic building; and • flexibility for customers to submit permit applications 24 hours a day, 365 days/year. The proposed By-law streamlines the internal process changes and the incorporation of significant legislative changes implemented by the provincial government. Pickering Resident Interface for Service Modernization (PRISM) successfully launched in July 2023, with the outward facing application of MyPickering. This initiative allows for residents to access City services, offered by various departments, wherever they have an internet connection. A key feature of this program allows users to apply for building permits through a portal. While limited to residential submissions at this time, work is in progress to accept applications for commercial projects. 3. Consultation Throughout the preparation of this new Building By-law, a number of Building By-laws from several Ontario municipalities of similar size, were reviewed for consistency, including municipalities within Durham Region. BLD 01-23 December 4, 2023 Subject: Building By-law Amendments under the Building Code Act Page 4 Additionally, the following groups were consulted: •Durham Area Building Departments; •Select GTA Building Departments; and •CUPE 129. 4.Conclusion Staff are recommending that Council receive Report BLD 01-23, that the City’s Building By-law 7362/14, as amended, be repealed, and that the new City Building By-law, as set out in Attachment #1 to Report BLD 01-23, be approved, finalized, and forwarded to Council for enactment. Attachment: 1.Recommended Amendment to the City's Building By-law Prepared By: Original Signed By Carl Kolbe, CBCO Manager, Building Services & Deputy CBO Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CK:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to BLD 01-23 The Corporation of the City of Pickering By-law No. XXXX/XX 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; (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; By-law No. XXXX/XX Page 2 (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; (l) “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) “Electronic Submission” means the filing of an application for permit or alternative solution, including all required forms, documents and drawings, submitted through an online application procedure approved by the Chief Building Official; (n) “holiday” means days when the offices of the City of Pickering are not open for transaction of business with the public; (o) “inspector” means an inspector as defined in Subsection 1(1) of the Act and listed in Schedule A; (p) “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; (q) “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; (r) “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; (s) “professional engineer” means a person who holds a licence or a temporary licence under the Professional Engineer’s Act; and (t) “registered code agency,” means a person that has the qualifications and meets the requirements set out in the Act. By-law No. XXXX/XX Page 3 (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. (1) The Chief Building Official is authorized to appoint Inspectors to undertake duties as noted in Subsection 1.1(7) of the Act, and (2) 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 E, 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 electronic forms available from the Chief Building Official, or from the Province of Ontario, together with the applicable requirements set out in Subsections (2) to (9). (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. (3) The owner and applicant shall provide an email address(es) or other appropriate contact information for the purpose of receiving communications from the Chief Building Official regarding the construction, demolition or related matters associated with a permit application or issued permit. The owner or authorized agent of the owner shall inform the Chief Building Official immediately in writing when the email address(es) provided change or become not functional. Building Permits (4) 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; (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. By-law No. XXXX/XX Page 4 Demolition Permits (5) 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 and security deposit 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; and Conditional Building Permits (6) 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(4) 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; (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. By-law No. XXXX/XX Page 5 (7) 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(6)(c)(iii) as part of the conditional building permit application. Change of Use Permits (8) 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 (9) Every application for authorization to occupy an unfinished building under Division C, Sentence 1.3.3.1.(3) and Article 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 (c) be accompanied by the appropriate fee in accordance with Schedule B. Requirements for Plans and Specifications 7. (1) Every applicant shall submit sufficient electronic 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. By-law No. XXXX/XX Page 6 (3) An electronic submission is to be made in a portable document format (PDF). Plans, specifications, documents and other information are to be legible when printed to scale. Drawings are to be a minimum size of 8.5” x 11.0” and shall be complete, fully dimensioned and to scale. (4) Site plans submitted by an applicant shall, (a) bear the designer qualifications required by the Building 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) Upon the issuance of the building permit, the owner or authorized agent of the owner shall ensure that a copy of the permit card and approved permit plans, in colour, are available on site at all times. (6) On the completion of the foundation for a detached, semi-detached, duplex, triplex, fourplex, townhouse or stacked townhouse dwelling, the Chief Building Official may require electronic 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. (7) On the completion of the construction of a building, or part of a building, the Chief Building Official may require the submission of a set of electronic 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. 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; By-law No. XXXX/XX Page 7 (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 approve or reject any proposed alternative solution and may impose conditions or limitations on their use. (3) Alternative solutions that are approved 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, unless otherwise authorized by the Chief Building Official. 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. (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. By-law No. XXXX/XX Page 8 (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 Electronic Submissions and Permit Applications 11. (1) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) An electronic submission has not been deemed completed within 20 business days of creation; (b) the application is incomplete according to Section 9 and remains incomplete six months after it was submitted; (c) 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 (d) 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. (2) Where an application is deemed abandoned, all submitted plans, specifications and documents may be disposed of, or returned to the Owner or authorized agent 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; By-law No. XXXX/XX Page 9 (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 email address 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 (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, by email or 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, prior to the issuance of the building permit. These fees may be amended by Council from time to time in accordance with the Act. By-law No. XXXX/XX Page 10 (2) The minimum fee payable on any application shall be in accordance with Schedule B 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. 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; (c) be identified with a house model name/number and limited to a maximum of two (2) variations of elevations and/or three (3) floor plan layout options or features, per model submission; and (d) be accompanied by only the elevation types, layouts, and feature options specific to the model being certified. (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 By-law No. XXXX/XX Page 11 (9) Notwithstanding the requirements of the Act, an additional fee shall be paid, as set out in Schedule B, where construction has commenced without the required permit. The additional fee is calculated as a percentage of the permit fee prescribed in Schedule B. Occupancy Permit Fees (Certain Buildings) (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; (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) 85% of the permit fee paid in accordance with Schedule B shall be refunded if only application administrative functions have been performed. (14) 50% of the permit fee paid in accordance with Schedule B shall be refunded if, By-law No. XXXX/XX Page 12 (a) application administrative functions and all or part of plan review functions have been performed; and (b) the permit has not been issued. (15) 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. (17) No refund shall be payable where the amount calculated in accordance with this Section is less than the approved minimum user fee. (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. (19) No refund shall be payable six months after the permit issuance date. Registered Code Agencies 16. Pursuant to Subsection 4.1(1) 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, Article 9.10.15.2. and, Article 3.2.3.1. of the Building Code. By-law No. XXXX/XX Page 13 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. (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. Commercial construction protection 19. Covered Way Exceptions (1) Where the construction may constitute a hazard to the public, work shall not commence on the construction, alteration, or repair of a building until a covered way, as described in Subsection 19(2) hereof, has been provided to protect the public, except where: (a) The work is done within a solid enclosure; (b) The building is at a distance of greater than 4.5 metres from a public way used by pedestrians; or (c) Site conditions warrant a distance greater than provided in Clause (2) hereof. By-law No. XXXX/XX Page 14 (2) A covered way shall: (a) Have an unobstructed height of not less than 2.4 metres; (b) Have an unobstructed width of not less than 1.1 metres or, if it is over a sidewalk that is less than 1.1 metres wide, have a width equal to the width of the sidewalk; (c) Be capable of supporting any load likely to be applied to it and capable of supporting a load of at least 2.4 kilonewtons per square metre; (d) Have a weather-tight roof; (e) Have the side adjacent to the project covered with a partition that has a smooth surface on the public way side; (f) Have a railing 1.0 metre high from ground level on the street side; and (g) Have adequate lighting within the public way. (3) When construction or demolition activities constitute a hazard to the public, and are located within a distance of 4.5 metres from a public way, a strongly constructed fence, boarding or barricade not less than 1.8 metres high shall be erected between the site and the public way and at any open sides of the construction/demolition site. (4) Barricades shall have a reasonably smooth surface facing the public way and shall be without openings, except those required for access. (5) Access openings through barricades shall be equipped with gates which shall be: (a) Kept closed and locked when the site is unattended; and (b) Maintained in place until completion of the construction or demolition activity, or when the construction progresses to a point where the same level of security can be achieved by securing the building. (6) When work on a construction site is suspended or ceases so that it will not be occupied during normal working hours, the hazardous part of the construction site shall be protected by a fence or barricade constructed according to the requirements of this section. Construction Contact information 20. During construction of a dwelling(s) or residential demolition, the constructor shall erect a sign, that is visible to the public, conforms to the requirements of Schedule D, and contains the following: (a) Site Address; (b) Project description; By-law No. XXXX/XX Page 15 (c) City contact information; (d) Committee of Adjustment number or tribunal number (if applicable); (e) Builder contact information, inclusive of email address, and 24 hour telephone number; (f) Building Permit information; and (g) Illustration of proposed project. Inspection Notices 21. (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. (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 Bode 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. By-law No. XXXX/XX Page 16 Offences and Penalties 22. 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 23. 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 24. Schedules A, B, C, D and E attached shall form part of this By-law. 25. Unless otherwise specified, references in this By-law to Sections, Subsections and Schedules are references to Sections, Subsections and Schedules in this By-law. 26. By-law 7362/14 is hereby repealed. By-law passed this XX day of XXXX, 20XX. Kevin Ashe, Mayor Susan Cassel, City Clerk Schedule A Appointments Item Column Column 1. Chief Building Official Kyle Bentley 2. Deputy Chief Building Official/Inspector Carl Kolbe 3. Inspector Nahla Ali 4. Intern Inspector Connor Allen 5. Inspector Steven Amaral 6. Inspector Stuart Caulfield 7. Inspector Joseph Domanski 8. Inspector David Escudero 9. Inspector Adam Fowler 10. Inspector Peter Furnell 11. Inspector Rachelle Gravel 12. Intern Inspector Curtis Gullison 13. Inspector Donald Guo 14. Inspector Steven Heidebrecht 15. Inspector Julie Ineson 16. Inspector Nicole Maurer 17. Inspector Carter Nitsis 18. Inspector Steven Smythe 19. Inspector David Stawowczyk 20. Inspector Ardalan Tanha 21. Inspector Robert Watson 22. Inspector Litian Wei Schedule B Refer to the City’s Current General Municipal Fees and Development Charges Schedule C – Part A Documents & Drawings required for Permit Applications Row Class of Permit Documents and Drawings Required 1(a) Building Permit Residential - Detached houses - Semi-detached houses - Triplexes - Fourplexes - Townhouses - Stacked townhouses Documents a Applicable Law Checklist b Acknowledgement of incomplete application c Mechanical Ventilation Design Summary d Energy Efficiency Design Summary Form or Approved Alternate e Regional Municipality of Durham Building Permit for Sewage System f Geotechnical report g Regional Municipality of Durham Residential Development Charges Information Form h School Boards Education Development Charge Information Form i Regional Connection Application for Water/Sewer Drawings a Approved Site Plan b Approved Grading Plan c Architectural Drawings and specifications d Structural Drawings e HVAC Drawings and equipment specifications f Plumbing Drawings – Triplexs’, Fourplexs’ and Stacked Townhouses 1(b) Building Permit Residential as in 1(a) - Alterations - Additions - Accessory Buildings Documents a Applicable Law Checklist b Acknowledgement of incomplete application c Regional Municipality of Durham Building Permit for Private Sewage System d Energy Efficiency Design Summary Form (additions) Drawings a Approved Site Plan b Approved Grading Plan (as required) c Architectural Drawings and specifications d Structural Drawings e HVAC Drawings and specifications Schedule C – Part A Documents & Drawings required for Permit Applications Row Class of Permit Documents and Drawings Required 2(a) Building Permit Non-residential and other residential not provided for in row 1(a) or 1(b) - New Buildings - Additions Documents a Applicable Law Checklist b Acknowledgement of incomplete application c Commitment to General Reviews by Architect & Engineers d 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 i 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 i Geotechnical Report j Specifications 2(b) Building Permit Non-residential and other residential as in 2(a) - Alterations - Renovations - Tenant Occupancies Documents a Applicable Law Checklist b Acknowledgement of incomplete application c Commitment to General Reviews by Architect & Engineers d Ontario Building Code Data Matrix e Confirmation of Energy Efficient Design (exterior alterations) Drawings a Location Plan b Architectural Drawings c Structural Drawings d HVAC Drawings e Plumbing Drawings f Electrical Drawings g Fire Protection Drawings Schedule C – Part A Documents & Drawings required for Permit Applications Row Class of Permit Documents and Drawings Required 3. Building Permits - Other than rows 1(a) to 2(b) above Documents a Applicable Law Checklist b Acknowledgement of incomplete application c Documents from rows 1a to 2b, or other documents which are applicable to the scope of work proposed Drawings a Drawings from rows 1a 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 c HVAC Drawings d 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 d 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. Schedule C – Part B Information Required on Drawings Item Drawing Type Information Required Class of Permit – Part A Row Number 1(a) 1(b) 2(a) 2(b) 3 4 1. Site Plan a Legal description, survey property lines, property dimensions, compass orientation, location and name of adjacent roads x x x b Outline of all existing and proposed buildings and structures, building dimensions and their distance to property lines x x x c Dimensions and location of parking and vehicle access and fire routes x d Dimensions and location of barrier free- parking, curb cuts, path of travel to building and building access x 2. Grading Plan a Signature and seal of professional engineer, landscape architect or Ontario land surveyor x x b Property lines, easements sidewalks, driveways, building location, curb cuts, retaining walls x x c Location of catch basins, above and below ground utilities, and connections to services x x d Existing and proposed elevations within the site and at property lines, retaining wall elevation, slopes of driveways, drainage flow and swales x x 3. Structural a Foundation plans, floor and roof framing plans, footing, column and beam schedules, structural details and material specifications x x x x b Design specifications, live and dead loading, wind and snow loading, earthquake loading, geotechnical report design basis x x x Schedule C – Part B Information Required on Drawings Item Drawing Type Information Required Class of Permit – Part A Row Number 1(a) 1(b) 2(a) 2(b) 3 4 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 d Roof and floor truss drawings sealed by a professional engineer X X X 4. Architectural a Existing plans showing construction and room and space identification of all floors in the area of proposed work or occupancy X X X X b Plans of all floors including basements complete with all rooms and room names X X X X X c Roof plan showing roof slope, drainage, roof and roofing construction details X X X X d Building elevations showing grade, floor and ceiling heights, overall building height, exterior finish materials, window heights and sizes and spatial separation requirements X X X X 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 X X X X f Stairs, guards and handrail dimensions and details, window sizes and height above floor level; location and fuel type of all fireplaces X X X X g Mezzanine plan showing construction, guardrails, egress X X h Location and details of barrier free entrances and barrier free washrooms X X Schedule C – Part B Information Required on Drawings Item Drawing Type Information Required Class of Permit – Part A Row Number 1(a) 1(b) 2(a) 2(b) 3 4 i Reflected ceiling plans, bulkhead details, horizontal service shaft details X X j Roof equipment screening, anchorage for window washing, roof access X k Building cross sections showing grade, floor and ceiling heights, horizontal and vertical fire separations X X X l 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 numbers, door numbers referenced to a door schedule X X 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, equipment layout and schedules X X X b Heat loss and gain calculations, ventilation design summary X c Fire damper locations, kitchen exhaust equipment X X X 6. Plumbing a Plumbing and drainage plans; location and sizing of under and above ground storm, sanitary and water supply piping and appurtenances X* X X Schedule C – Part B Information Required on Drawings Item Drawing Type Information Required Class of Permit – Part A Row Number 1(a) 1(b) 2(a) 2(b) 3 4 b Location of firestopping; specifications of plumbing and firestopping materials X X X X 7. Electrical a Electrical supply and distribution plans; location of power and lighting outlets; equipment schedules; transformer locations X X b Location and specification of emergency lighting, emergency generators and exit signage X X X 8. Fire Protection a Fire hydrant locations, sprinkler and standpipe distribution plans and schedules; sprinkler head layout; fire hose cabinet locations X X b Location and specification of emergency lighting, emergency generators and exit signage; fire alarm system annunciator, diagrams and specifications X X 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. 4. Where indicated with an X*, the information required is applicable to Triplexes, Fourplexes and Stacked Townhouses Schedule D – Part A Residential Signage 1. Using the information notice template provided by the Chief Building Official to the applicant, the owner or builder shall, at the owner's and/or builder's expense, produce or arrange for the production of information notice signage, one sign per facing street, which shall comply with the following standards: (1) Be sized in accordance with this Schedule and the City’s Sign By-law; (2) Be constructed entirely of Coroplast or corrugated Polypropylene plastic measuring 36” wide by 24” tall and 4mm thickness, minimum; and (3) Prominently display the forms, graphics, illuminations, symbols and writing as indicated in this Schedule and the information notice template delivered by the Chief Building Official. 2. One information notice shall be required for every lot line of a property facing a street. 3. Where the construction is associated with construction and or a demolition permit, the owner or builder shall erect and display, or cause the erection and display of, the information notice signage on the property at least five business days prior to the commencement of demolition. 4. All information notice signage shall be erected and displayed on the property, either on the construction fence as per Section 18 of this By-law, or in any other visible and conspicuous location on the property and in accordance with the following requirements: (1) Each sign shall face a street; (2) Each sign shall be erected and displayed such that the bottom of the sign is not less than 0.61 metres from grade; (3) Nothing shall obscure or block the view of the sign; and (4) Each sign shall be erected in a safe and secure manner. Within 24 hours of erecting the required number of information notice signs at the property, a photograph of each information notice erected shall be provided to the City, confirming that the information notices have been erected and are being displayed in accordance with the provisions. Schedule D – Part B Design Criteria The City of Pickering will provide the information notice signage template for each of the infill and demolition projects, and may be subject to change. Residential Construction The following is a sample information notice sign for residential construction: Schedule D – Part B Design Criteria Demolitions The following is a sample information notice sign for demolitions: Schedule E 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. 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; Schedule E Code of Conduct for Building Officials 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.