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2005-044 A By-law under the Building Code Act Respecting Permits and Related Matters THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-044 A By-law under the Building Code Act Respecting Permits and Related Matters WHEREAS pursuant to the Building Code Act, 1992, S.O. 1992, c.23, as amended, the Lieutenant Governor in Council has established a Building Code (0. Reg. 403/97) which is in force throughout Ontario; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes a municipal council to pass by-laws: (a) prescribing classes of permits, 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 refunds of fees under such circumstances as are prescribed; AND WHEREAS the Building Code Statute Law Amendment Act, 2002, which amended the Building Code, did receive Royal Assent in June of 2002; AND WHEREAS the Building Code Statute Law Amendment Act, 2002 enacted regulations required to be implemented by September 1, 2003 and July w, 2005; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. SHORT TITLE This By-law may be cited as the "Building Permits By-law". 2. DEFINITIONS In this by-law: 2.1 "Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended. 2.2 "As constructed plans" means as constructed plans as defined in the Building Code. 2.3 "Chief Building Official" means the Chief Building Official, or hislher designate, appointed by by-law of The Corporation of the Township of Oro-Medonte for the purposes of enforcement of the Act. 2.4 "Corporation" means The Corporation of the Township of Oro-Medonte. 2.5 "Final Occupancy" means a permit issued when all outstanding items on a Provisional Occupancy, including grading, have been completed. 2.6 "Owner" means the registered owner of the land and includes a lessee, mortgagee in possession and the person in charge of the property, acting as the authorized agent of the owner. 2.7 "Permit" means written permission, or written authorization, from the Chief Building Official to perform work regulated by this by-law and the Act, or to change the use of a building or part of a building or parts thereof as regulated by the Act. 2.8 "Provisional Occupancy Permit" means a permit issued to allow occupancy of a building prior to its completion in accordance with section 2.4.3.1 of the Building Code. 2.9 "Re-inspection" means any inspection of a construction stage made pursuant to a previous inspection of the same construction stage. 2.10 "Residential Site" - a construction or demolition site for a building that is used only for residential purposes. 2.11 "Waiver" means a declaration from the person submitting a building permit application deemed not complete after preliminary plans review. 2.12 Other terms which may be used in this by-law shall have the meaning ascribed to them in the Building Code Act, 1992. 3. CLASSES OF PERMIT Classes of permits required for construction, demolition, change of use, occupancy of a partially complete building and conditional permits are set forth in Schedule "A" appended to and forming part of this by-law. 4. PERMIT APPLICATIONS Every application for a permit shall be submitted to the Chief Building Official using the forms prescribed by the Building Code and shall include all documentation required as set out in the Building Code and Township of Oro- Medonte Building Department Procedures. 5. EQUIVALENTS The Chief Building Official may allow the use of materials, systems and building designs that are not authorized in the building code in accordance with Section 9(1) of the Building Code Act. 6. PAYMENT OF FEES Fees for a required permit shall be as set out in the Township of Oro-Medonte Fees and Charges By-law and are due and payable upon submission of an application for a permit. 7. AS CONSTRUCTED PLANS The Chief Building Official may require that a set of plans of a building, or any class of buildings, as constructed be filed with the Chief Building Official on completion of construction under such conditions as may be prescribed in the Building Code. 8. TRANSFER OF BUILDING PERMITS Permits are transferable only upon the new owner completing a permit application form as required by Section 4 of this By-law. 9. PENALTY CLAUSE 9.1 Any person who contravenes this by-law is guilty of an offence under the Building Code Act, 1992, S.O. 1992, c.23, as amended, Section 36(1). 9.2 Convictions of an offence may be subject to penalties under theBuilding Code Act, 1992, S.O. 1992, c.23, as amended, Section 36(3) to 36(5). 10. CODE OF CONDUCT 10.1 The Chief Building Official and Building Inspectors appointed by Council of the Township of Oro-Medonte shall abide by a Code of Conduct as described in the Building Code Act, 1992, S.O. 1992, c. 23 as amended, Section 7.1(1) and defined by the Code of Conduct policy of the Township of Oro-Medonte. 10.2 A complaint of breach of such Code of Conduct shall be submitted in writing, detailing the concerns, to the Chief Administrative Officer of the Township of Oro-Medonte in accordance with the Township of Oro-Medonte employee procedures. I. 11. REGISTERED CODE AGENCY 11.1 An agreement must be completed between the Township of Oro-Medonte and any registered code Agency appointed by the municipality. 11.2 Such agreement must be in writing and functions to be performed by the agency on behalf of the Township of Oro-Medonte specified in such agreement as outlined in the Building Code, Article 2.22.1.1. 12. VALIDITY Should any section, subsection, clause, or provision of this by-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this by-law as a whole or any part thereof, other than the part declared to be invalid. 13. REPEAL Township of Oro-Medonte By-laws No. 2001-113 and 2001-126 are hereby repealed in their entirety. 14. This By-law shall come into force and take effect on its final passing thereof. Read a first and second time this 4th day of May 2005. Read a third time and finally passed this 4th day of May 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE "A" TO BY-LAW NO. 2005-044 1. Building Permit 2. Demolition Permit 3. Conditional Permit 4. Designated Structure Permit 5. Transfer Permit 6. Provisional Occupancy Permit 7. Change of Use Permit 8. Reapplication 9. Plumbing Permit 1 O. Temporary Service Structure 11. Move Permit Classes of Permit For the purpose of allowing the construction of a building as defined in the Ontario Building Code. Class "A" for the demolition of all or part of a building which building is less than 600 square metres and does not exceed three (3) storeys in building height. Class "B" for the demolition of a building, or part thereof, which demolition is required to be designed and reviewed by a Professional Engineer. Pertains to construction only and may be issued only in accordance with Section 8(3) of the Building Code Act, 1992. For the purpose of constructing a designated structure as defined in the Ontario Building Code. To be issued to a new owner where ownership changes occur during or prior to the closing of any Permit previously issued. To allow occupancy of an unfinished building in accordance with the Building Code. To comply with the requirements of Part 10 of the Building Code. To allow a Permit to be reinstated, where required. To comply with the requirements of Part 7 of the Building Code. A permit for a temporary Structure, to be removed within a predetermined time frame. A permit for the relocation of existing building within the Township (See Schedule "B" attached). SCHEDULE 'B' TO BY-LAW NO. 2005-044 BuildinQ MovinQ Requirements 1. Location where building is to be moved requires: Zoning Municipal Septic Approval 2. Building being moved requires an assessment from a Professional Engineer stating it will make the move without structural damage; 3. Liability Insurance required naming municipality; 4. Licensed person to be used for the move; 5. All M.T.O. regulations must be adhered to; 6. Bell, Hydro, Police, M.T.O. and Railway Crossing notified if applicable; 7. O.P.P. escort to be provided; 8. Security deposit of $10,000 to be provided to Township by owner; 9. Moving Permit required.