HomeMy WebLinkAboutBy-law 8057/23 - Building By-lawThe Corporation of the City of Pickering
By-law No. 8057/23
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. 8057/23 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. 8057/23 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.
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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.
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(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.
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(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;
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(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.
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(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. 8057/23 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. 8057/23 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
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(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. 8057/23 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. 8057/23 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. 8057/23 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;
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(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. 8057/23 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 11th day of December, 2023.
Original Signed By:
Kevin Ashe, Mayor
Original Signed By:
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.