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Pickering, be repealed and replaced with the new City Building By-law, as set out in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City's Fees By-law, portions of the current Building By-law are out of date.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report recommends that the existing City Building By-law be repealed and replaced with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