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HomeMy WebLinkAboutBy-law 2016B Y- L A W N U M B E R 2 0 1 6 A BY-LAW TO REGULATE THE ERECTION AND TO PROVIDE FOR THE SAFETY OF BUILDINGS. WHEREAS it is expedient and necessary to regulate the erection, alter- ation, enlargement, repair and removal, and generally to provide for the safety and fire protection of buildings and health and sanitation in dwellings in the Township of Pickering; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town- ship of Pickering as follows: SECTION 1 ADMINISTRATION e 101 Short Title This By-Law may be cited as the "Building By-Law" and is hereinafter referred to as "this code". Wherever applicable, the provisions of this code shall apply to all buildings and the term "buildings" shall include other structures. Where in this code such terms as "proper" "adequate" "sufficient" "ample" "suitable" "substantial" "necessary" "dangerous" and the like, or derivatives thereof are used, they shall be understood to mean proper, adequate and so forth, to the satisfaction, or in the opinion of the Building Inspector, and such terms as "where practicable", "where required", "as far as possible" shall have a like significance. 102 Standard Specifications and Regulations All standard specifications and regulations adopted, wholly or in part, in this code are hereby declared to be a part of this code and all buildings, additions or alterations hereafter constructed or made shall conform to the provisions of this code. Wherever dated specifications or regulations are cited, subsequent editions may be used subject to permission from the Building Inspector. Tests The cost of any test that may be required by this code or by the Building Inspector, shall be paid for by the person wishing to use the material, device or construction in question. National Building Code This code is based on the National Building Code prepared by the National Research Council, Ottawa, and applies specifically to one or two family dwellings and their accessory buildings. For other types of buildings and for construction not specifically contained herein, the provisions of the National Building Code and its amendments from time to time shall be complied with, in so far as they are applicable. The National Building Code is hereby a part of this By-Law and is attached as Schedule "A". The provisions of the National Building Code shall, in so far as they are applicable, apply to all buildings, additions or alterations to buildings constructed or additions or alterations to buildings within the Township of Pickering. Every building, other than one o Thousand Dollars ($5,000.00) or qualified architect or Engineer. accessory buildings when erected property line. r two family dwellings, and costing Five more shall have plans signed by a This provision shall not apply to farm at least thirty feet (30') from the ?j 103 Building Inspector The provisions of this code shall be enforced by the Building Inspector, or his assistants, appointed by the Municipal Council. - 2 - Records The Building Inspector shall keep proper records of all applications received, permits and orders issued, inspections and tests made, reports received and made, and retain copies of all papers and documents connected with the administration of his duties. Inspection The Building Inspector, or his reasonable hours enter into or purpose of ascertaining whether being complied with. 104 Existing Buildings authorized representative, may at all upon any building or premises for the or not the provisions of this code are Nothing in this code shall require the removal, alteration or abandonment of, nor prevent continuance of the use or occupancy of an existing building unless, in the opinion of the authority having jurisdiction, such building constitutes a hazard to safety of adjacent property. GENERAL BUILDING REQUIREMENTS Excavations 1. Excavations for all foundations shall be extended to solid ground and to a point sufficiently below finish grade to avoid damage by frost, four feet below finished fill. 2. No foundation footing shall be placed on filled ground unless it is specially designed and approved. 3. The top soil and all vegetable matter in unexcavated areas shall be removed and the ground levelled shall be at least eighteen inches below the bottom of joist or beams. 4. Unexcavated areas shall be vented through foundation walls with at least two vents on each side in opposing side walls, of one foot each in size for each 500 feet of unexcavated area. 5. In all excavations where accumulation of water is likely to occur, foundations and basements shall be kept dry by placing a continuous row of field tile in a bed of gravel or cinders around the wall at the level of the footings and below the basement floor level. All drains shall be connected through a running trap and to a main drain or other waste water system. Foundations 1. Where foundation walls are required to be waterproofed, they shall be made waterproof by applying a coating of coal tar pitch or asphalted or other waterproofed membrane to the outside of walls to grade level. 2. All concrete block foundation walls enclosing excavated areas must be waterproofed, the walls shall be parged with cement mortar before applying the waterproofing. All block walls which are filled with earth both sides shall be made solid to the height of finished grade or fill. 3. All footings shall bear on undisturbed soil and shall be of concrete mixed to at least 2000 lb. strength, or masonry, and shall be at least 6 inches thick and extend at least 4 inches wider than wall above on each side. 4. No exterior concrete or block wall shall be less than $" thick for one storey. (See Code for other widths). No masonry foundation wall shall be less than 16 inches thick. All block walls shall be laid up with full width mortar joints on all webs -3- 5. When foundation walls are carrying floor joists and are of block, or semi solid blocks, the top course shall be made solid by filling with concrete. 6. In no case shall the foundation wall thickness be less than that of the wall above. 7. Mortar for cement block or masonry walls shall be of not less than two parts cement, one part lime to six parts of clean sand. 8. In no case shall brick or block columns have a gross dimension of less than 12 inches. 9. All masonry chimneys shall have foundations of masonry or concrete which shall extend down to the level of the foundation wall footing at least. 10. Concrete shall be placed in forms erected true to line and well braced against deflection under load, and forms shall not be removed until concrete has thoroughly set. 11. The ingredients of concrete shall not consist of more than six parts of clean gravel and sand to one part of cement. All materials shall be clean and free from loam or other foreign matter. 12. In foundation walls or thick masses of concrete, the use of stone plumbs or fillers may be made if of sound material and reasonable quantities are used that will not weaken the concrete. BASEMENT FLOORS 1. Basement floors shall be of not less than 3 inches of concrete and trowelled smooth, made of at least 1 to 5 material of clean sand and stone or clean pit-run gravel and sand. 2. Before pouring the concrete the ground shall be levelled and covered with at least four inches of gravel or cinders, after sufficient drains have been laid. 3. If basement floors are to be drained, the floor shall be properly sloped to drain outlet, the drain shall be provided with a trapped floor outlet and grating or strainer set flush with floor. OUTSIDE WALLS 1. All exterior or division walls of buildings hereafter erected shall be of sufficient thickness to support the load to be carried, but in no case shall a brick, concrete or hollow block wall be less than eight inches thick. 2. Face brick shall be all new, of good shape and condition. The use of old brick from old chimneys or coated with soot or creosote is to be avoided. Backing brick may be used of good stock brick if they are hard burnt and clean. Concrete, cinder or other approved blocks, properly bonded to the face brick in each second course of blocks may be used or other approved material. 3. Where the backing is constructed of hollow masonry units, solid masonry of not less than four inches in depth shall be provided for the bearings of all joists framing into such walls; or hollow blocks may be filled solid with concrete, lintels over openings, shall bear upon solid masonry material equivalent in depth to at least two courses of brick. VENEER EXTERIORS 1. Stone veneer six inches thick or better, or brick veneer four inches thick or better outside a wooden frame construction properly tied is permitted, providing the frame is substantially built of 2 X 4 studding at not more than 16 inch centres, properly -4- braced and strengthened and sheeted on outside with at least 4" lumber and covered with waterproof paper lapped at least 2 inches at all joints. 2. All sheeting materials shall be free from decay and shall consist, of at least 4" lumber, 2" fibre board, 5/16ths plywood, or Gypsum sheeting equal or better. 3. In frame construction of windows and doors studs shall be cut to receive the lintel or header over the opening, and shall extend in one piece from lintel or header to bearing, lintels and headers over all openings shall be doubled and set on edge and be of sufficient size and thickness and strength to carry the load imposed on same. 4. All sills and bearing plates for rafters framing into qr on masonry walls shall be properly secured to masonry. 5. All sills and girders on top of foundation walls and piers shall be levelled, shimmied up, and thoroughly bedded in cement mortar. 6. Top plates shall be of not less than double 2 X 4's which shall lap at corners and intersecting partitions, all other double plate joints shall be broken at least three feet apart. All such laps shall be securely spiked, end joints in top plates shall occur over studs only. 7. Plank frame may take the place of studding and boarding, but shall be built of three inch thick plank or two inch plank covered with 7/8 tongued and grooved lumber with waterproof paper between or other approved siding. 8. All material used in plank or stud framing shall be entirely free from soft rot, very large knots or shakes, etc., which would impare its nail-Oolding qualities and strength. 9. All wood frame construction may be used for outside walls, the outside covering of wood shall be manufactured from No. 1 and 2 Common White Pine or better, or equivalent grades of other suitable lumber. Cement or approved stucco on galvanized lath set on wood furring may be applied as outside covering to a building with wood frame construction, or any other approved make of siding. 10. Studs in exterior frame walls may run from sill to roof plates providing they do not exceed 16 feet in length, second floor joists supported on exterior frame shall bear on at least 1 X 4" ribbons let into the edge or face of studs, joists bearing on ribbons shall be securely nailed to the studs. CHIIANEYS AND FLUES 1. There shall be a separate flue for each furnace or fireplace installed; all flues shall be lined with glazed clay tile and surrounded with not less than 4" of masonry with all horizontal joints broken, minimum flue size shall not be less than 72 X 72" inside diameter, and each flue shall have a cast-iron clean-out door, wherever possible two feet below the smoke outlet. 2. No chimney shall be corbelled to an extent of more than eight inches from any wall, eAcept that where corbelling occurs above the first storey which shall not project to an extent of more than four inr_k_es on either face or any wall. ROUGH CARPENTRY 1. All materials used for rough carpentry work shall be of new material and no second-hand lumber, removed from other buildings during demolition, shall be incorporated into houses, unless approved first by the Building Inspector. - 5 - WORKMANSHIP shall be of good engineering practice, and to meet the approval of the Building Inspector. 2. All materials used for joists, rafters, beams and studding for bearing partitions, shall be structurally sound, free from soft rot, large knots, shakes, etc., that would impare their strength. 3. No joists shall be used in which knots are over one-fifth of the depth of the joists, occur in the middle half of the span. 4. For sub-flooring and roof covering, all material shall be reason- ably sound and free from soft rot and at least three-quarters of an inch thick. 5. Exterior Sheeting - All materials shall be free from decay and shall consist of at least 4" lumber, or i" fibre board, 7/16" Plywood, or i" Gypsum sheeting, equal or better. 6. The joists on principal floors shall be spaced at 16 inch centres or less, so as to avoid spring; in finished flooring joists shall be bridged with 1 X 2 material or better, diagonal cross ridging one row if over 10 feet and up to 12 feet, and two rows in spans over 12 feet. 7. Where floor joists frame into the side of wood girders, the joists shall be supported on metal joist hangers, or on a bearing strip at least 2 X 3 inches securely nailed to girder below joist ends. $. Floor joists shall be doubled under all partitions which run parallel to the floor joists, the double joists shall be separated and blocked at four foot intervals where piping or.duct work occur. Headers and trimmers shall be doubled if more than three feet in length. Headers receiving more than four tail joists shall have ends supported with metal joist hangers. Ends of floor joists framing into masonry walls, shall have not less than four inches bearing and shall have at least 21 inch bevel or fire cut. 9. Studding in bearing partitions shall be at least 2 X 4 inches at 16 inch centres. Partitions shall have placed on top and bottom continuous runners, and they shall be doubled at all major openings. 10. No stud shall be cut more than half its depth to receive piping and duct work; if more depth is required the partition studs shall be increased in width. 11. Roof framing, double rafters and trimmers shall be used around all dormers and other large roof openings, and hip and valley members shall be increased in size as required to carry the roof load. Size of joists and rafters, at lengths as given in the National Building Code. 12. The moving of a building shall be construed as a new building. INTERIOR FINISH OF WALLS AND CEILINGS The finish of interior walls and ceilings shall be lath and plaster, fibreboard, plasterboard, 7/16 inches in thickness or better, or 5/16ths" plywood veneer. In the case of fibreboard or plasterboard the board shall be applied to furrings or studding placed not more than 16 inch centres. INTERIOR PLASTERING Where the interior walls and ceilings are to be plastered, all plaster shall be at least two coats work upon wood lath, fibreboard, or plaster base, and three coats if on metal lath, and shall measure at least 3/$ inches in thickness from face of lath. The base or brown coat shall be used to manufacturer's specifications. -6- Metal corner beads are required on all vertical external angles and desirable on all window and arch soffits. Metal lath shall be twenty-six gauge metal painted or galvanized for inside work. EXTERIOR PLASTERING Plaster and stucco shall be either run direct on concrete or block surface or on 26 gauge or better galvanized expanded or other metal or wood lath fastened to wood furrings at least r" thick at 12 inch centres. Plaster or stucco shall be composed of a scratch coat made of one part portland cement, three parts of sand and sufficient hydrated lime to make workable mortar, and shall be pressed into the wall to fill the space back of metal lath, and be well scratched. This coat shall be followed by a base coat of same and left to set for a few days. The finish coat applied to this surface which must be moistened, shall be made of portland cement and lime mixture or of approved brand of cement stucco rendering, coloured if required, having satisfactory water-repellant qualities and applied according to the manufacturer's specifications. ROOFING Sloping roofs shall be covered with shingles and left in thoroughly water-tight condition by the use of one of the following materials, or equal, or better:- Slate, tile, wood, metal, asphalt not less than 1$0 lb. to the square, in colours as desired, laid to manufacturer's specifications, with ridges and valleys of 26 gauge galvanized iron or equal. Flat roofs are required to be covered with a 4-ply coal tar saturated felt roof laid on dry felt, properly secured to roof and covered with coal-tar pitch and gravel, laid to specification of a 10-year guaranteed roof, or any material equal or better. IVetk?xig-?xi-tl)?s-ee?a-sk)a??-?ega??s-the-sex)s?a?7-a?te?+at?exi-e?+-alaaxi?lexis?exit e€T-xie?-g?e?rexit-esxit?xixaxies-e€-the-ase-e?+-esetigaxisy-e€-axi-ex?st?xig-?au??d?xig axi?ess7-3xi-tie-eg€xi?exi-s€-tie-aathe??ty-haY?xig-?a??sd3et?exiT-sael?-la)z????xig sexist?tt?tes-a-l?asa?d-te-ea€ety-a€-a??aeexit-g?+ePe?t?. 105 Building Permits (a) General A by the owner or reconstruction, of any building alteration to a Building Permit of the work. (b) Application for a Building Permit The applicant for a building permit shall file with the Building Inspector a signed statement as to the use or purpose for which such building is intended, together with duplicate copies of the plans of same drawn to a scale of not less than one-eighth of an inch to a foot, showing the actual dimendions, including the dimensions of the lot to be built upon) all structures existing upon the said lot with the heights and dimensions of same, the heights and dimensions of the proposed structures, and other such information as may be necessary to provide for the enforcement of this code. building permit shall be obtained from the Building Inspector his authorized agent for the excavation, erection, alteration, removal or wrecking of, or repairs to, any building or part which it is proposed to construct, and for any addition or building. No such work shall be commenced until the has been obtained and is prominently displayed on the site The applicant for a building permit for a dwelling shall deposit with the Building Inspector a certified cheque for Three Hundred Dollars (300.00), or other legal tender, made out to the Township of Pickering. This cheque shall be deposited with the Township until the main outside structure, -7- including permanent doors, windows and roof, has been completed in accordance with the requirements of this By-Law, at which time the funds will be returned to the applicant. An applicant for a building permit who desires to live in a garage or other building on the property during the course of the construction may, if the Building Inspector approves of the place to be used for temporary living quarters, obtain a temporary permit not valid for more than six months upon the applicant signing an agreement satisfactory to the Building Inspector and depositing the sum of Three Hundred Dollars (,$300.00) which is to be a guarantee that the temporary quarters will not be used for livin" quarters beyond the six month period and if any building or part of building is so used, the Building Inspector is entitled to remove any belongings of the applicant and make such change in the place used as he may deem necessary to prevent its use for living quarters. If there is any surplus after correcting the condition, such surplus shall be returned to the applicant. If there is any shortage the applicant shall pay any such shortage to the Corporation forthwith upon demand. (c) Granting of Building Permits The application, plan and specifica- tions filed by an applicant for a building permit shall be examined by the building inspector, and if it appears to him that such plans and specifications are in conformity with the requirements of this code and all other laws or ordinances applicable thereto, the Building Inspector shall issue the Buildin; Permit upon receipt of the required permit fee. Neither the granting of a building permit, approval of plans and specifications, nor inspections made by the Building Inspector during the erection of a structure, shall in any way relieve the owner, or his agents, from responsibility for the carrying out of the work in strict accordance with this code, or for the stability of the structure. The Municipality i inspection or lack Building Inspector work.being done by Corporation liable inspector or other s not in any way responsible to of inspection of any building. or other authorized person has an owner or other person shall for any act or omission on the person. any person for the The fact that a not objected to any in no way make the part of the building (d) Building Permit Limitations Any building permit issued by the Building Inspector under the provisions of this code shall expire in twelve (12) months from the date of issue. Building Permits shall be subject to revocation when construction' has been unduly delayed. Such revocation shall not be rescinded until the plans and incomplete construction are made to comply with all the require- ments of this code at the time of rescinding such revocation. Requirements after Issuance of Building Permits The Building Inspector may require notice to be given by the Owner, or his authorized agent, to the Building Inspector of the intention to carry out any constructional operations in order that inspection may be made at particular stages of construction. (e) Alterations to Plans No person shall erase, alter or modify any drawings or specifications upon which a building permit has been granted by the Building Inspector, unless the Building Inspector has agreed to such changes. If, during the progress of the work, it is desired to deviate from the plans filed with the application for a building permit in any manner, notice of such desired alterations shall first be made in writing to the Building Inspector, and his written approval shall be obtained before such alterations shall be commenced. - 8 - f) Occupancv Permits New Buildings - No building hereafter constructed shall be occupied in any part thereof until it has been completed according to the require- ments of this code, or until an occupancy permit has been issued by the Building Inspector. Changes of Occupancy No change shall be made in the use or occupancy of any building or part thereof until a permit for the proposed occupancy has been issued by the Building Inspector. Such occupancy permit shall be issued by the Building Inspector, if it is found that the building complies with the provisions of this code for the proposed occupancy, or, in the case of an existing building, if the conditions prescribed in Clause 109 - Non-conforming Buildings - are fulfilled. 106 Dangerous Buildings Whenever, in the opinion of the Building Inspector, any building or part thereof, is, by reason of its dilapidated state, faulty construction, or otherwise, in an unsafe condition as regards danger from fire or risk of accident, the Building Inspector may give to the Owner of such building, or his agent, notice in writing specifying wherein such unsafe condition exists, and upon receipt of such notice the said owner, or his agent, shall forthwith put such building, or part thereof, in a safe condition or demolish same. When, in the opinion of the Building Inspector, any building, or part thereof, is in such condition that immediate precautionary measures must be taken in order to avert an accident, the Building Inspector may pull down, repair or renew any such building, or part thereof, at the expense of the owner, whether or not notice has first been given to such owner or his agent, and such expense may be recovered from such owner by action or may be recovered in like manner as Municipal taxes. 107 Enforcements a) Enforcement of Provisions of Code Without prejudice to the operation of any other law, it shall be the duty of the Building Inspector to take the necessary measures to institute proceedings against any person who contravenes any of the provisions of this code. b) Offences and Penalties Everyone who contravenes any of the provisions of this code or any requirements or obligations imposed on him by virtue of this code, or who interferes with or obstructs any person in the discharge of his duties under this code, shall be guilty of an offence and liable on summary conviction to a fine not exceeding Fifty Dollars ($50.00) and costs. In the event of any person Riling to carry out the requirements or obligations imposed on him by virtue of the provisions of this code, and if such requirements or obligations are not complied with in accordance with an order made by the Building Inspector, under the provisions of this code, the Building Inspector may, where he deems it necessary and advisable, enter upon the premises in respect of which an order has been made and carry out, at the expense of the responsible person, the require- ments or obligations referred to in the said order, and the expense, if not paid on demand, may be recovered with costs in a Court of competent jurisdiction, or it may be recovered in the same manner as a debt due for municipal taxes on the land where the expense was incurred. 10$ Permit fees Fees as prescribed herein shall be paid to the Building Inspector before a Building Permit will be granted: -9- (a) New building, or re-erection of old building on new site, other than accessory building, cost not exceeding $ 4,000.00 ........ $ 5.00 For each additional $ 1,000.00 or major portion thereof ....... 1.00 (b) Accessory Building, other than a private garage not over 250 square feet in area :....................................... 1.00 (c) Accessory Building, other than a private garage over 250 square feet in area, cost not exceeding $ 2,000.00 ............. 3.00 Each additional 1,000.00, or major portion thereof ........... 1.00 (d) Private Garages, detached or attached, per each car accommodation .................................................. 1.00 (e) Demolition or removal of any building .......................... 1.00 (f) Alterations and repairs not exceeding $ 1,000.00 ............... 2.00 Each additional $ 500.00 or major portion thereof ............. 1.00 Occupancy Permit Fees Fees as prescribed herein shall be paid to the Building Inspector before an occupancy permit will be granted:- (a) Permit to occupy a dwelling prior to its completion (See 105 (f) .................................................... 1.00 (b) Change of Occupancy, if no Building Permit is required ......... 2.00 109 Application New Buildings No Building, or any part of any building, shall hereafter be constructed except in conformity with the provisions of this code. The re-erection of an existing building on a new site shall be deemed to be an erection of a new building. Building Permits Issued Prior to Adoption of This Code Any building in course of construction at the date of enactment of this code, may be completed according to the requirements at the time of the issue of the permit for such uncompleted buildings. Alterations, additions, repairs and Changes of Use or Occupancy General Except as provided in the following item "Non-conforming Buildings", all alterations, additions, repairs, made hereafter whether to existing buildings or to buildings hereafter erected shall conform to the requirements of this code. Non-Conforming Buildings The following provisions shall apply when alterations, additions, repairs or changes of use or occupancy are made to existing buildings which for any reason whatsoever do not conform to the requirements of this code. (a) Changed Use If the existing use or occupancy of an existing building is changed to a use or occupancy w]Aich would not be permitted in a similar building hereafter erected, which includes the use of a summer cottage for an all-year-round dwelling, the entire building shall be made to conform with the requirements given herein for new buildings, unless the Council in special cases otherwise permits. - 10 - (b) Increases in Height The number of storeys in an existing building shall not be increased unless the building and all existing or proposed additions and alterations are made to comply with all the requirements of this code and a permit obtained in the manner provided by this code. (c) Structural alterations and Repairs Where any alteration or repair is made to the structural portion of any building, such structural portion or such part thereof as may be deemed necessary by the Building Inspector shall conform to the requirements of this code for new buildings. A ccessory Buildings Exempted This code shall not apply to accessory buildings used solely in the pursuit of farming or market gardening on a parcel of land having an area of not less than five (5) acres. (d) Continuous Foundation Wall All dwellings shall have a continuous foundation wall supporting the main outside wall of the structure, and such foundation wall shall be placed on adequate footings in accordance with the requirements of the National Building Code. 110 Structural Requirements For the guidance of applicants for building permits, the following numbers are taken out of the National Research Council of Canada, National Building Code No. 1068: Wood Framing Lumber - See No. 501, N. B. C. Plank Construction - See No. 620, N. B. C. Concrete Construction See No. 616, N. B. C. Wall, Construction, Wood, See No. 617, N. B. C. Joist lengths and sizes, Appendix E. 2, etc. Plumbing facilities, See No. 4052 N. B. C. Depth of Foundations, See No. 605, N. B. C. Foundation Walls Materials, See No. 609, N. B. C. 111 By-Law No. 1779 is hereby repealed and any other By-Law which is contrary to the provisions of this By-Law shall be repealed in so far as may be nec- essary to give full effect to this By-Law. BY-LAW read a First and Second time this day of 1954 BY-LAW read a Third time and PASSED this day of?,_e 1954 . i4o ,J;3d0 . Reeva