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HomeMy WebLinkAboutBy-law 741/77-A "I } Y~L REPEALED BY REPEALS AMENDED BY AMENDS DISPOSITION ?1ill 75'l 77 I-A 3 `5 THE CORPORATION OF T= TOW OF PICKERING BY-LAw N_ u,,. BER 141,/77 Being a By-Law to govern the construction and demolition of buildings and structures within the Town of Pickering WAFREAS pursuant to the provisions of The Building Coco Act, 1974, c. 74, and -other' legislation, Municipal Councils are empowered to pass By-Laws with respect to the governing of construction and demolition matters'; ,P,ND 4MEREAS the Lieutenant• !overnor in Council has made :.regulations pursuant to The Bu'Lding Code Act, 1974, establishing a. Building Code to govern the s,andards for the construction and demolition of buildings, inter alia; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN, OF DICKERING ENACTS AS FOLLOWS: DEFINITIONS 1. In this By--Law, the term (a) "Accessory Building" shall man a detached building that is not. used for human habitation but the use of which is naturally and normally incidental to, subordinate to or exclusively devoted to a prin- cipal use or building and located on the same lot therewith, and includes a detached private garage or a detached carport; (b) "Act" shall mean The Building Code Act, 1974, and the amendments thereto; (c) "Architect" shall mean a member licensed by the Ontario Association of Architects under The Architects Act; (d) "Building" shall mean anything constructed and used or intended to be used for the enjoyment of or for the shelter or support of persons or property and includes any structure occupying an area greater than 100 square feet and consisting of a wall, roof and floor or any one or more of them, or a structural system serving the function thereof, including all the works, fixtures, and service systems appurtenant thereto and includes such other structures as are designated in the Regula- tions, but does not include a structure used directly in the extraction of ore from a mine; (e) "Building Inspector or Inspector" shall, mean an Inspector appointed by the Town, pursuant to the provisions of this By-Law, and includes the Chief Building Inspector and the Municipal Director of Public Works (f) "Chief' Building Inspector" shall mean the Chief Building Official appointed by the Town pursuant to the provisions of this By-Law; - 2 - (g) "Construct" shell mean the doing of anything in the erection, installation, extension or material alteration or repair, or removal of any building or structure, nc1 uding the sta: at-ion of a building unit fabricated or r,:;ver from elsewhere and 'construct" has a ccrresrondinu moaning; (h) "Dencolition" shall mean the icing of anything in the removal of a building or structure or any part thereof; (i) "Permit" shall :^ear. oe=ission or authorization in writing by t_?,e oers?n having -urisdiction to regu- late the work (j) "Professional Er;g_nter or Ergineer" shall mean a member licensed by the ?sFaociatiost of Professional .ngineer , of Ontar_ ; .aEr t:?e "'rofessional Engineers` Act: (k) "Regulations" shall ::afar: the :Regulations made under The Building Code ',ct, 1974, and amends nts thereto; (1) „Town' shall mclan t'ne Corporation of the Town of Pickering; (m) "Unsafe" shall near: when used in respect of a build- ing jtructurally ina<:eC:ate or faulty for the purpose for which: it iti or is likely to be used; (n) "Work" shall mean; and shall refer to that onstrLIC- tion, demolition or service for which a permit may be issued_ CLASSES OF PERMITS 2. The classes of permits regulated by this By-Law shall be those set out in Schedule "' attached hereto. APPLICATION OF BY-LAW 3. (a) This By-Law shall' apply to: (1) anything to be constructed or reconstructed and used or intended to be used for the enjoyment of or the shelter or support of, persons or property; (2) the demolition of any existing building; (3) the removal or relocation of an existing build- ing. (b) This By-Law 'shall not apply to: (1) the construction or demolition of farm buildings, other than those used as residences, attached garage and carports and detached private garages when accessory to the residential use; (2) any accessory building not greater than 100 square feet in building area, provided that such accessory building is erected after the construction of 'a main or principal building for whicn a building permit has previously been issued and in the opinion of the inspector the building does nvt create a hazard. - 3 - PERMITS REQUIRED 4. No person shall commence or carry out any construction, dem.- iition or relocation of any building within the Town, unless the person has first obtained a permit under the provisions of thib B, y-Law or unless the proposed work is specifically excluded from the recruire:ment of a permit as provided for in this By-Law. DUTIES OF THE BUILDING INSPECTOR 5. Tne Building Inspector si:all, (1) administer this By-Law, the Act and the Regulations made under The Bull,:i g Code pct, 1914; (2) }seep records of all applications received, permits and orders issued, inspection any tests made, and shall retain copies of all papers and dccumf I's connected wrath the administration of this By-Law which shall £orn part of the `?'own records; (3) not be responsible for, the ins +ec- :.io : of any item, matter or construction not cifira? y requiring inspection by virtue c:: --ne provisions of this By-Law, the Act or the Regulations. POWERS OF THE BUILOM3 INSPECTOR f. The Chief Building Inspector, or any Building I€:spf?ctcr appointed by the Town cinder this 13y-Law, (I) may enter in or upon the lands or premises at any time without a warrant for the purpose of _ Fnec- ting any building or site in respect- of which a permit is issued or an application for a permit is made; (2) may determine if there is a contravention of the Act or Regulations, or of this By-Law; (3) may give to the person whom he believes to be a contravenor an Order in wri`ing directing compliance with such provision and may require the Order to be carried out forthwith or within such times as he specifies. V'e Order shall contain sufficient information to specify the nature of the contravention and its iocation; (4) may affix a copy of such Order on the site of the construction or demolition, and no person except an Inspector shall remove such copy unless authorized to do so by an Inspector. OBSTRUCT ION/ASSSST?SNCE CF INSPECTOR 7. (a) No person shall hinder, obstruct, molest or interfere with, or attempt to hinder, obstruct, molest or inter- fere with an Inspector in the exercise of a power or the performance of a duty under this By-Law, or under the Act or the Regulations. 4 (b) Every person shall furnish all necessary means in his power to facilitate any entry, inspection, examination, testing or enquiry by an Inspector in the exercise of his powers or duties under ..his 'By-Law or under the Act or the Regulations. (c) No persons shall neglect or refuse to prod=uce any draw- ings and specifications as required by an Inspector pursuant to the provisions of this By-Law. (d) No person shall furnish an Inspector with false infor- mation, or neglect or refuse to furnish information required by the inspector in the exercise of his duties under this By-Law, or the Act or the Reaulations. (a) The Chief Build.^c Inspector may order that all or any part of the constr,,Xtion or demolition shall cease when an Order of an _.nspector made under Section e: above has not been complied with within the time specified there-- in or where no time limit is specified within a reason- able time under the circumstances, (b) Such Stop Work Order shall be served can such Persons affected thereby as the Chief Building Inspector specifies and a copy thereof shall be posted can thc> site of the construction or detsaliticn or services and no person except an Inspector shall remove such copy unless authorized to do so by an Inspector. PULLING 'DOWN OR MOVAL OF BUILDINGS 9. Any person who commences to construct, or continues to construct, any buildings without first having obtained a Building Permit pursuant to the provisions of this Fry-Law, or, having obtained. such permit does not comply with a Stop Work order issued under the provisions of Section 8 of this By-Law, then in such cases, the Council of the Municipality may by Resolution direct the pulling down or removal of such building or erection., and the cost of pulling down or removal shall be added by the Clerk to the Collector's Role and collected in a like manner as municipal taxes. UNSAFE BUILDINGS 10. (a) Art Inspector may enter in or upon the land or into any unoccupied premises at any time without a warrant for the purpose of inspecting any building to determine if such building is unsafe. (b) When., an Inspector finds such building unsafe he may serve upon the assessed owner and each person appar- ently in possession or in charge of the building an Carder 'n writing setting ovit the reasons therefor and the remedial steps to he taken to render the building safe and may require the order be carried out within a specified time:. - 5 (c) If the Order of an Inspector made under the above Section is not complied with withinthe time specified, the Building inspector may order or prohibit the use or occupancy of the building and such Corder shall be served on the assessed owner and on each person apparently in possession and such other persons affecte thereby as he specifies, and a copy thereof shall be pasted on the building and no person except an Inspector shall remove such copy unless authorized by an Inspector. (d) Where an Inspector has made an order under this Section, and the Chief Building Inspector, or the Director of Public Works, considers it necessary for the safety of the public, he may cause the building or service to be renovated, repaired cr demolished for the purpose of removing the unsafe condition and the cost of the renovation, repair or demolition may be added by the Clerk to the Collector's Pale and collected in a like manner as municipal taxes. ISSUANCE OF PERMITS 11m (Z) the proposed work set out a alicatsar ff in the (2) the owner has complied with all !3) !4) Where an application for a permit has been made pursuant to the requirements of this By-Law, and, prerequisites owner has complied with all sites to the posed construction; p. con --s with this By-Law, the Act and Re gulati issuing of a building permit as stipulated in may be any subdivision agreement, 3evelaent agreement or ptxe other agreements with the lawn relating to the pro- the applicant has paid the required permit fees; and the proposed work set out in the application is in compliance with all applicable Provincial and Federal laws and the by-laws of the Town, then the Inspector shall issue a permit for which the applica- tion was trade,. APPLICATIONS FOR PERMITS (1) be made in the >arm provided by the Municipality; (2) be signed by the applicant, who shall be am owner or in owner's agent; 13) be accompanied by a copy of the deed by which (4) state the intended use of the building; (5) include copies in duplicate of the specifications 12. All applications for permits under this By-Law shall, the owner holds registered title to the lands upon which the proposed building is to be constructed; and scale drawings of the building with respect to which the work is to be carried out showing: €i +:i) the dimensions of the building or service; 0,41) the pi?cposed. use. of each room or floor area, (iii) the `dimensions of the land on which the building is or is to be situated, (i.,) the position, height and horizontal dimen- sions of all buildings an the land referred to in subclause (iii); (vf if requested by the Inspector, the grades of the streets and sewers abutting the land referred to in subclause (iii) and a final lot grading plan which shall identify the existing drainage courses; (vi) such structural or mechanical plans as the Inspector may require; (vii) proposed fire fighting and fire alarm systems as are required for the class of building proposed; (viii) such other information as is necessary to illustrate all essential features of the design of the buildings or service; and if requested by the Inspector, be accompanied by an up-to-date Plan of Survey showing all streets, buildings and property lines 'surrounding the subJect property, and such additional information= as the Inspector may require; (6) contain any and all other information necessary to illustrate complianc- with this By-Law or any condi- tion contained in any subdivision agreement or devel- opment-agreement or any other agreement between the owner and the Town or as required by the Inspector; (T) if the area is nct served by municipal sanitary sewers and water systems, and if the zoning by-laws do not prohibit septic tanks and well water, be accompanied by 'a Certificate of Approval issued by the Ministry of Environment or its duly authorized representative; and be accompanied by the fee prescribed in Schedule "A" hereto for the permit requested; (8) be accompanied by any permit rearired to be obtained by the owner pursuant to the provisions of clause (1) of subsection (a) of section 18 hereof. RESTRICTED PERMITS 13. (a) Where in the opinion of the Chief Building Inspector (1 all the requirements of the application for a pzrmit have been substantially completed; () information not included but required by the Inspector is minor in nature; and _ 7 (3) the providing of such missing information is in the opinion of the Chief Building inspector purely a clerical matter, then, the Chief Building Inspector may, at his discre- tion issue a restricted permit for the commencement of all or a portion of the proposed construction and may also specify the period of time that the restricted permit shall be valid, and attach zo the restricted permit such terms and conditions as he shall deer. necessary. (b) Restricted permits may also be issued by an inspector, (1) for a temporary building or part thereof which is to be used for a limited or specific period of time; (2) to permit occupancy of a building or part thereof when such occupancy can only be permitted, in the cEdnicn of the Town, subject to certain restrictions, condi- tions, or both; and (3) for such other limited p^rposes as the Town may deem just. (c) Restricted pezrits issued under this provision shall be issued upon such terms and conditions as the Town may require which .nay include, at the Town' sole discretion, (1) the execution of a separate a.^ree=nent_ by the c;wrer at the owner's expense; and (2) the owner filing with the Town a 'Netter of Credit for a suns to be stipulates: by the Town to guar,:m tee the due performance of the agreement. OCCUPANCY INSPECTION 14. Subject to the Regulations, no person shall occupy or use or permit to be occupied or used, any building newly erected or renovated, until notice of the date of its completion is given to the Inspector, and (1) an inspection is made and approved pursuant to such notice, and an occupancy permit is issued; (2) all financial liabilities owing to the Town have been paid in full; (3) there has been prior compliance with any Order made by the Inspector pursuant to the provisions of this By-Law or the Act, or the Regulations; and (4) the building and its site are in compliance with the provisions of any subdivision, development, site plan, grading plan or other agreement in effect with respect to the building and its site. 8 OWNER'S RESPONSIBILITY NOTWITHSTANDING ISSUANCE OF PERMIT 15. (a) Neither the granting of a permit nor the approval of the drawings and any specifications, nor inspections made by the Inspector shall in any way relieve the owner of such building from full responsibility for carrying out the work or having the work carried out in accordance with recuirements of this ray-Law, the Act and the Regulations. (b) The Owner shall be r-sponsible for damages to any municipal services or appurtenances caused directly or indirectly as a result of work performed. TIME LIMITS OF PERMITS 16. Every permit is issued upon the condition that, (1) the construction is to be started within 6 months front the date of the issuing o£ the permit; and (2) the construction is not to be discontinued or suspended for a period of more than one year. REVCaCATION OF PERMITS 17. The Chief Building Inspector may revoke a permit where, (1) it was issued on mistaken or false information; (2) after £ months after its issuance, the construc- tion or demolition in respect of which it was issued has not, in the opinion of the ChiE£ Building Inspector, been seriously cormaenced; or (3) the construction or demolition, in the opinion of the Chief Building Inspector, has been sub- stantially suspended or discontinued for a period of more than one year; or (4) the rc,struction or demolition is not in com- plian%e with the information approved in the application for a permit, and such non-compliance is, in the opinion of the Chief Building Inspector, material to the standards required for such construction or demolition; or (5) there has been non-compliance with the terms and conditions upon which the permit was issued. DUTIES OF THE OWNER 18. (a) Every owner of property to whom a permit is issued shall, (1) obtain where applicable from the appropriate authorities having jurisdiction, such ocher permits relating to sewers, water, plumbing, signs, _blasting, electrical service and highways, as are required in connection with any proposed work; - 9 - (2) give at least 48 hn,, s notice to the Building Inspector of the intention to start work; (3) give notice- to the Inspector, (i) at least 36 hours prior to the pouring of any concrete footings, so that an, inspection of soil conditions, may be made; (ii) at least 36 hours prior to any back filling of the excavation being carried out; (iii) at least 36 hours after the roof, walls, bracing and all other framing members are in place, and before any work is concealed by insulation, lathe, or by any other means ; (iv) at least 36 hours prior to the commencement of any work which the Inspector has directed to be the subject matter of an inspec- tion. (4) give written notice to the Inspector within lfl days after completion of the work described in the permit; (5) obtain an occupancy inspection from the Inspector prior to occupying a building, or part thereof, after construction or struc- tural alteration, save in cases of continued occupation of the building or part thereof. (b) Saturdays, Sundays, statutory holidays and civic holidays shall not be included in calculating the time periods for giving notices required by subsection (a) hereof. DOCUMENTS ON THE SITE 19. The owner to whom 'a permit is issued shall, during construction or demolition, as the case may be, keep, (1) posted in a conspicuous place on the property in respect of which the permit was issued, a copy of the permit or a poster or placard in lieu thereof, and, (2) a copy of the approved drawings and specifications referred to in the application for permit, on the prop- erty in respect to which the permit was .issued. FEES 20.- (a) The fees payable for the required permit shall be calcu- lated pursuant to the provisions of Schedule "n" attached hereto (b) W.rxere the fees are based on the cost or evaluation of the proposed work such cost or evaluation shall mean the total cost of all work regulated by the permit including the cost of all material, labour, equipment, overhead, and related professional services. 1© (c) An Inspector may place a valuation on the cost of work and the prescribed fee shall be paid before the issuance of the permit. (d) In the case of the non-commencement of any project, the Owner may return the permit and an Inspector shall determine the amount of refund of permit fees, if any, that may be retursned to the permit. holden. PROFESSIONAL DESIGdS 21. Where there is :.o be erected, constructed or altered struc- turally, or demolished in accordance with the provisions of the Regulations': (1) a building used or intended for assembly occupancy, or institutional occupancy, or a public use or occupancy; or (2) a building exceeding E,000 square feet in building area or 3storeys in building height used or intended for residential occupancy, business and professional services occupancy, mercantile occupancy or industrial occupancy, it shall be designed by, and the specifications thereto shall be prescribed by, and the erecting, construction, alteration, or demolition shall be controlled and supervised by, either an architect or a professional engineer. GENERAL PROVISIONS 22. (a) change of use of an existing building may be permitted when, in the opinion of the Building Inspector the whole building substantially conforms to the require- ments of this By-Law, the Act and the Regulations for a new building for such purposes and such changed usage is in conformity with the Town's zoning by-Laws and any other lawful governmental zoning control legislation. (b) increase in height muy be permitted when, in the opinion of the Inspector, the structural members or materials are made sufficient for the added strains. Such an increase in height shall also conform to all provisions of the Town's zoning by-laws and any other lawful governmental zoning control legislation. (c) Increase in area may be permitted when, in the opinion of the Inspector, the added area and the existing area conform to this By-Law, the Act and the Regulations. Increase in population making use of a building utay be permitted when the Inspector approves the arrangement and quantity of exits and sanitary facilities, such increases shall also conform to all provisions of the Town's zoning by-lairs and any other lawful governmental zoning control legislation. 11 (d) Non-structural alterations of a minor nature may be made with the same materials of which the building is constructed, with the exception of roof members where the repaired or altered part consists of more than 40% of the whole roof area, in which case the whole roof must be made to conform to this By-Law, the Act and the Regulations. (e) (1) No building or any part thereof _nciuding a right-of-way vault, coal chute or manhole, shall be constructed encroaching on a street or municipally-owned easement at any point until application to do so has been made to the Town and, permission has been received: (2) If the Town grants its permission, the owner or owners of the property in front of which such encroachments are to be made, shall sign an agreement with the Town and the owner shall also assume all responsibil- ity for accidents, or damages, that may occur daring or after construction, by reason of the encroachment; (:3) The said owners shall pay such monthly or annual rental fee for the said encroach- ment as may be fixed by the Town; (4) The design :.nd erection of any device encroaching on or over the streetline shall be subjectto the approval of the Inspector. (f) No lead or vehicle shall be taken across sidewalks except at points where suitable crossings are pro- vided unless the surface of the sidewalk, curb and gutter is entirely protected by two inch planks secured together with hoop-iron and with the ends of the planks ramped. (g) Guards on roofs or buildings fronting on a street shall be maintained to prevent snow or ice, or other material from sliding off and falling into the street below. SEVERABILITY 23. ?a) 'In the event that there is a conflict between the pro- visions of this By-Law, with the provisions of the Act and/or the Regulations made thereunder, then the pro- visions of the Act and the Regulations shall prevail. (b) In the event :;gat any pant or any provisions of this By-Law is held to be illegal or void it shall not have the effect of making the entire By-Law illegal or void, but the portion held to be invalid shall he segregated' therefrom and the remainder of the By-Law shall remain in full force and effect. 12 OFFE14CES ',NDER Tlr ACT OR REGULATIONS 24. (a) Every person who, (1) knowingly furnished false information in any application under the :Act or in any statement or return regrired to be fi=nished under the Act, or the ReVulations; (2) fails to comply with any Order, direction, or other requirement made under the Act; or (3) contravenes any provisions of the Act or the regulations, and every director or officer of a corporation who know- ingly concurs in such furnishing, failure or contraven- tion is guilty of an offence and on surzmary conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both. (b) Where a corporation is convicted of an offence under subsection (a) the maximum piuialty that may be imposed upon the corporation is $10,000 and not as provided therein. (c) Every person who fails to comply with an Order n,iade by an Inspector pursuant to the provisions of this By-Law is guilty of an offence and on sumptary conviction, in addition to the penalties mentioned in subsections (a) and (b), is liable to a fine of not more to an $100.00 per day for every day upon which the offence continued after such Order was given. ATTACHED SCHEDULE 25. The Schedule attached to this By-Law shall be incorporated into and foria part of this By-Law. APPOINTMENT OF INSPECTO'zS 26. The Council of the Town shall, by Resolution, appoint a Chief Building Inspector and such additional Inspectors as the Town may require, for the purpose of administering and carryi.n:g out the provisions of this By-Law, the Act, and the P.egulations. PREVIOUS BY-LAW 27. By-Law Number 3295 as amended by By-Law 163/75 is herebv repealed. EFFECTIVE DATE 28. This By-Law shall come into effect on the 2nd day of January, 1978. 13 BY-LAW read a first time this 19th clay of December , 1977. BY-LAW read a second time this 19th day of December , 1977. BY-LAW read a third time and finally passed this 19th day of December , 1977. t ?. ?4e?rtsz --t-? r Clerk .[ 4 SCHEDULE 'P_" TO BY-LA NUMBER _:41L77 CLASSES OF PERMITS ND PERMIT FEES 1. BUILDING PERMIT FEES (a) For construction of new buildings, additions to buildings; and renovations to buildings, includ- ing roofing, a fee of $4.00 for every $1,000.00,or part thereof, of the cost or valuation of the total proposed wore., but not less than $12.00: (b) For moving or __=location of a building or part thereof, a fee of $4.00 for every $1,000.00,or part thereof, of the Inspector's valuation, of the building, or part thereof, after moving or relocation and work associated therewith is completed, but net less than. $12.00. 2. DEMOL"TION PER--.'T FEES For demolition of a building or a part of a bu.Jlcina, a fee of $2.00 for every 100 square feet, or part thereof, to be demolished, but not less than $4.00. 3. RESTRICTED PERMIT FEES For a restricted building or demolition permit: a fee calculated according to the provisions of items 1 or 2 of this Schedule, as the case may be, or at the discretion of the Town, a portion of such fee, which portion shall be based upon the Inspector°s estimate of the percentage of the total proposed work to be permitted by the restricted permit. _ 4. FEES FOR RENEWAL OF PERMITS For renewal of a building or demolition perric or a restricted building or demolition ermit, a fee equal to 25% of the original fee, unless the original fee is less than $20.00, in which case the fee for renewal shall be equal to the original fee. 1 ..