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HomeMy WebLinkAboutBy-law 3855/91THE CORPORATION OFTHE TOWN OF PICYd~ANG BY-LAW NO. 3855/91 Being a By-law to provide for the administration and enforcement of the Ontario Building Code within the Town of Picketing. WHEREAS subsection 3(1) of the Building Code Act, R.S.O. 1980, chapter 51, provides that the council of each municipality is responsible for the enforcement of the Act in the municipality; and WHEREAS subsection 3(2) of the Act provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act in the areas in which the municipality has jurisdiction; and WHEREAS subsection 5(2) of the Act provides that the council of a municipality may pass by-laws applicable in the area in which the municipality has jurisdiction for the enforcement of the Act, (a) prescribing classes of permits for the purposes of subsection 5(1) of the Act, including permits in respect of any stage of construction or demolition; (b) providing for applications for permits and requiring the applications to be accompanied by such plans, specifications, documents and other information as is prescribed; (c) requiring the payment of fees on applications for and issuance of permits and prescribing the amounts thereof; (d) providing for the refunding of fees under such circumstances as are prescribed; (e) prescribing the time within which notices required by the regulations must be given to the chief official or an inspector; (f) prescribing forms respecting permits and applications for permits and providing for their use; and (g) requiring that a set of plans of buildings as constructed he filed with the chief official on completion of the construction of buildings of such class or classes as prescribed by the regulations; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: In this (a) (b) (c) (d) (e) (f) DEFINITIONS by-law, "Act" means the BuiMing Code Act, R.S.O. 1980, chapter 51, as amended from time to time, and any successor thereto; "applicant" means a person who applies for a permit and includes any person authorized in writing by an owner to apply for a permit on the owner's behalf; "chief official" includes the person appointed from time to time by the Council as the acting chief building official; "Council" means the Council of The Corporation of the Town of Picketing; "owner" means the registered owner of the land upon which is located or will he located the building or part thereof for which an application for a permit is made; "permit" means permission or authorization given in writing by the chief official, (i) to perform work regulated by the Act and the building code, or (il) to occupy a building or part thereof; (g) "permit holder" means a person to whom a permit is issued; "prescribed value" means the value, as determined by the chief official or a person designated by the chief official to do so, of the construction of a proposed building or part thereof for which an application for a permit is made, including the value of all work, services and materials in respect of its construction and of all professional and similar services related to its construction. Each person whose name is set out in Column 2 of Schedule A hereto is hereby appointed to the position set out beside that person's name in Column 1 thereof. ~ OP PBRMIT~ For the purposes of subsection 5(1) of the Act, there shall be four classes of pen-nits, namely, (a) building permit, respecting the construction of all or part of a building; (b) partial building permit, respecting the partial construction of all or part of a building; (c) relocation building permit, respecting the relocation of all or part of a building; (d) demolition permit, respecting the demolition of all or part of a building. (1) (2) (3) (4) Pi~MIT APPLICATIONS To obtain a permit, an applicant shall submit an application therefor to the Town in writing on forms prescribed by the chief official and available from the Town's Department of Public Works, Building Division. Every application for a permit shall, (a) identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building or part thereof for which the application for a permit is made; (b) describe the land on which the work is to be done by both municipal address and legal description, providing in suppoa thereof a copy of the transfer or deed by which the owner claims title to the land; (c) be accompanied by the plans, specifications, documents and other information required pursuant to section 5 hereof; (d) state the applicant's valuation of the construction for which the application for a permit is made, including the valuation of all work, services and materials and of all professional and similar services related thereto; (e) be accompanied by the appropriate fee calculated in accordance with Schedule B hereto; (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the construction or demolition, as the case may be; (g) include, where the applicant is a builder as defined in the Ontario New Home Warranties Plan Act, the applicant's registration number thereunder; (h) be signed by the applicant who shall certify as to the truth of the contents of the application; and (i) ff the applicant is not the owner, be signed by the owner or be accompanied by written authorization from the owner authorizing the applicant to make the application. Subject to the provisions of subsection 6(1) hereof, an application shall be incomplete unless the requirements of subsection (2) have been complied with. No application shall be processed by the Town unless the application is complete. (5) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) the application is incomplete and remains incomplete six months after it was submitted; or (b) the application is complete, a permit is available to be issued, and six months have elapsed from the date upon which the Town mailed notification thereof to the applicant at the applicant's address shown on the application. (1) (2) (3) (4) (5) PLANS AND SPECIFICATIONS Every applicant shall submit sufficient plans, specifications, documents and other information to enable the chief official to determine whether the proposed building, construction or demolition, (a) will not comply with the Act or the building code, or (b) will contravene any other applicable law. The chief official shall determine the number of copies of plans, specifications, documents and other hfformation required to be submitted with an application. Plans submitted by the applicant shall be drawn to scale upon paper, cloth or other suitable and durable material. Site plans submitted by the applicant shall be referenced to a current plan of survey prepared and certified by a registered Ontario Land Surveyor, a copy of which survey shall be submitted to the Town. On completion of the construction of a building, the chief official may require a set of plans of the building as constructed, including a plan of survey prepared and certified by a registered Ontario Land Surveyor showing its location, to be submitted to the Town. (1) (2) (3) FOR PART OF A BUILDING Where the issuance of a permit for part of a building is requested prior to the issuance of a permit for the entire building, an application for a permit for the entire building shall be submitted, which application shall be complete in all respects for the entire building, except that the plans, specifications, documents and other information required pursuant to clause 4(2)(c) and section 5 hereof may be limited to, (a) the plans, specifications, documents and other information relating to the part of the building for which the earlier permit issuance is requested; and (b) such information relating to the remainder of the building as may be required by the chief official. The chief official may, where the requirements of subsection (1) have been complied with, issue a permit for part of a building. The chief official shall not, by reason of issuance of a permit for part of a building, be under any obligation to issue any further permit or permits relating to other parts of the building or to the entire building. (1) Prior to revoking a permit, the chief official shall give written notice of his or her intention to revoke the permit to the permit holder at the permit holder's address shown on the permit application or to such other address as the permit holder may provide to the Town for that purpose, and the permit may be revoked without further notice and all submitted plans, specifications, documents and other information may be disposed of or, upon written request therefor, delivered to the permit holder. (2) Notification under subsection (1) shall be given either personally or by registered mail and where notification is by registered mail, it shall be deemed to have been given on the third day after the day of mailing. (1) (2) (3) (4) A permit may be transferred by a permit holder to another person only upon the proposed transferee submitting an application therefor to the Town in writing form in accordance with the requirements of subsection 4(1) of this by-law. Every application for the transfer of a permit shall, (a) confirm that the work to be done and the existing and proposed use and occupancy of the building or part thereof, for which the application for the transfer of the permit is made, is the same as that identified and described on the application for the permit; (b) be accompanied by the transfer fee calculated in accordance with Schedule B hereto; (c) state the names, addresses and telephone numbers of the owner, proposed transferee, architect, engineer or other designer, and the constructor or person hired to carry out the construction or demolition, as the case may be; (d) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, the proposed transferee's registration number thereunder; (e) be signed by the permit holder and by the proposed transferee who shall certify as to the truth of the contents of the application; and (f) if neither the permit holder nor the proposed transferee is the owner, be signed by the owner or be accompanied by written authorization from the owner authorizing the proposed transferee to make the application. The provisions of subsections 4(3), 4(4) and 4(5) of this by-law shall apply to an application for the transfer of a permit, as if the application for the transfer of a permit were an application for a permit. Upon the issuance of a transfer of a permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations under the permit. l~t~-g AIqD RBHJN[~ OF FBBS Where the fee payable as part of the application for a permit, as calculated in accordance with the provisions of Schedule B hereto, is to be based in whole or in part upon the prescribed value of the proposed construction, the chief official, or a person designated by the chief official to do so, shall determine the prescribed value thereof, and that determination shall be final. 10. (1) If requested in writing by an applicant or permit holder, where, (a) an applicant withdraws in writing an application for a permit; (b) an application is deemed to have been abandoned as provided in subsection 4(5) hereof; (c) the chief official refuses to issue a permit applied for by an applicant; or (d) the chief official revokes a permit after it has been issued, the chief official shall calculate the portion of any fee paid that may be refunded and authorize the payment thereof, based upon the functions undertaken by the Town, as follows: (e) 85% of the fee paid shall be refunded if only administrative functions within the Department of Public Works, Building Division, have been performed; (f) 75% of the fee paid shall be refunded if only, (i) administrative functions within the Town's Department of Public Works, Building Division, and (2) (ii) zoning application review functions within the Town's Planning Department, have been performed; (g) 55% of the fee paid shall be refunded if only, (i) administrative functions within the Town's Department of Public Works, Building Division, (ii) zoning application review functions within the Town's Planning Department, and (iii) build'mg code compliance review functions within the Town's Department of Public Works, Building Division, have been performed; and (h) no refund of any portion of the fee paid shall be made if functions other than, or in addition to, those referred to in clause (g) have been performed. Any amount authorized by the chief official to be refunded pursuant to subsection (1) shall be refunded to the person named on the fee receipt issued by the Town upon the original payment of the fee, unless that person directs in writing that it be refunded to another person. 11. (1) NOTICI~ TO ~ OFFICIAL - BUILDI~IG CODE. SI~'TION 2.4.5 Every permit holder shall give the notices required to be given to the chief official pursuant to subsection 2.4.5 of the Building Code within the times set out in Schedule C hereto. (2) A notice given to the chief official pursuant to subsection 2.4.5 of the Building Code may be given orally or in writing to either the chief official or an inspector, and ff given to an inspector in accordance with this section, shall be deemed to have been given to the chief official. (3) A notice given to the chief official pursuant to subsection 2.4.5 of the Building Code and this section shall not be effective until actually received by the chief official or inspector, as the case may be. 12. RBPEAL OF ~(5 BY-LAW~ By-laws 741/77, 1244/81 and 2624/87 are hereby repealed. 13. This by-law shall come into force and effect on January 1, 1992. BY-LAW read a first, second and third time and finally passed this 7th day of October, 1991. TOWN OF PtCKERING APPROVED AS TO FORM Y , er'x LEGAL DEk'~~". -5- SClm~IJLE A Column 1 Column 2 2. 3. 4. 5. Chief Building Official Inspector Inspector Inspector Inspector Stephen Vokes Toby Hill Brian Holmes Tony Tomizer Taylor Young SCHI!DULE B RESPECTING THE ~TION OF ~ FOR THE ISSUANCE OF PERMITS Building Permit Partial Building Permit Demolition Permit - first 93 square metres gross floor area or part thereof - each subsequent 93 square metres gross floor area or part thereof Relocation Building Permit $10 for every $1,000 or part thereof of prescribed value (minimum fee - $50) $150 $50 $10 $5O FOR OTHI~ pURPOSES 5. Transfer of Permit $150 $CHn~O-I~ C LIMITS FOR NOTICF~S UNDIffi SUBSECTION 2.4_5 OF ~ BUn.DING CODE 1. Commencement of construction of building 2 days before 2. Readiness to construct footings 2 days before 3. Substantial completion of footings mad foundations 2 days after 4. Where building within scope of Part 9 of Building Code, substantial completion of, (a) structural flaming 2 days after (b) insulation and vapour barriers 2 days after (c) ductwork and piping for heating and air-conditioning systems Where building within scope of parts of Building Code other than Part 9, substantial completion of, 2 days after (a) structural framing of each storey 2 days after (b) insulation and vapour barriers 2 days after (c) ductwork and piping for heating, ventilation, air-conditioning and air contaminant extraction systems Commencement of construction of, 2 days after (a) masonry fireplaces and masonry chimneys 2 days before (b) factory-built fireplaces and allied chimneys 2 days before (c) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys Substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems 2 days before 2 days after Substantial completion of interior finishes and heating, ventilating, air-conditioning and air contaminant extraction systems 2 days after 9. Substantial completion of exterior cladding, fire access routes and site grading 2 days after 10. Completion and availability of drawings of building as constructed 2 days after In this schedule, "day" means any of Monday, Tuesday, Wednesday, Thursday and Friday, except when any of them is New Years Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Eve, Christmas Day, Boxing Day or New Years Eve, or any day celebrated in lieu of any of them.