2008-083 Building Code Act Respecting Permits and Related Matters and to Repeal By-Law No. 2005-044 (Building Permits By-Law)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-083
A By-law under the Building Code Act
Respecting Permits and Rela#ed Matters
And to Repeal By-law No. 2005-044
(Building Permits By-law)
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 {O. 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 #or 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 January 1, 2006;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
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 Chie# 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 Division C Section 1.3.3.1. and
1.3.3.2. Part 1 of the Ontario 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 "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 far 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 ail
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 shah be as set out in the Township of Ora-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 an
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. ABONDONED PERMITS
An application for a permit may be deemed to have been abandoned and
cancelled six {6) months after the date of permit application submission
unless in the opinion of the Chief Building Official, such application is
being seriously proceeded with. Permits scheduled for cancellation will
have a notification of abandoned permit application sent for the applicant's
comments. Where no comments are received or where the Chief Building
Official deems reasons unacceptable, the permit application will be
cancelled and documentation may be destroyed.
10, PENALTY CLAUSE
10.1 Any person who contravenes this by-law is guilty of an offence under the
Building Code Act, 1992, S.O. 1992, e.23, as amended, Section 36{1 ).
10.2 Convictions of an offence may be subject to penalties under the Building Code
Act, 1992, S.O. 1992, c.23, as amended, Section 36(3) to 36(5).
11. CODE OF CONDUCT
11.1 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 Ora-Medonte.
11.2 A complaint of breach of such Code of Conduct shall be submitted in writing,
detailing the concerns, to the Ghief Administrative Officer of the Township of
Oro-Medonte in accordance with the Township of Oro-Medonte employee
procedures.
12. REGISTERED CODE AGENCY
12.1 An agreement must be completed between the Township of Oro-Medonte and
any registered code Agency appointed by the municipality.
12.2 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.
13. 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.
14. That Schedules "A" and "B" attached hereto shall form part of this by-law.
15. That By-laws No. 2005-044 is hereby repealed in it's entirety.
16. This By-law shall come into force and take effect on its final passing thereof.
Read a firs# and second time this 25T" day of June, 2448.
Read a third time and finally passed this 25t"' day of June, 2448.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. H ~ hes i
~, - -
Cl+c, J. Douglas Irwin
SCHEDULE "A" TO BY-LAW NO. 204$-0$3
Classes of Permit
1.
2
3.
4
5
6
7
8
9
Building Permit For the purpose of allowing the
construction of a building as defined in the
Ontario Building Code.
Demolition Permit Class "A" for the demolition of all ar part of
a building which building is less than 600
square metres and does not exceed three
(3) storeys in building height.
Class "B" for the demolition of a building,
or part thereof, which demolition is
required to be designed and reviewed by
a Professional Engineer.
Conditional Permit Pertains to construction only and may be
issued only in accordance with Section
8(3) of the Building Code Act, 1992.
Designated Structure Permit Far the purpose of constructing a
designated structure as defined in the
Ontario Building Code.
Transfer Permit To be issued to a new owner where
ownership changes occur during or prior
to the closing ofi any Permit previously
issued.
Provisional Occupancy Permit
To allow occupancy of an unfinished
building in accordance with the Building
Code.
Change of Use Permit
Plumbing Permit
Temporary Service Structure
To comply with the requirements of Part
10 of the Building Code.
To comply with the requirements of Part 7
of the Building Cade.
A permit for a temporary Structure, to be
removed within a predetermined time
frame.
14. Move Permit A permit for the relocation of existing
building within the Township (See
Schedule "B" attached).
SCHEDULE `B' Tt3 BY-LAW NQ. 200$-0$3
Building Moving 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 mane 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, Hydra, Police, M.T.O. and E~ailway Crossing notified if applicable;
7. fl.P.P. escort to be provided;
8. Security deposit of $10,000 to be provided to Township by owner;
9. Moving Permit required.