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2001-113 Under Building Code Act Respecting Permits and Related Matters ,~. .. \'#~ -... THE CORPORATION OF THE TOWNSHIP OF ORO/MEDONTE BY-LAW NO.2001-113 A By-law under the Building Code Act Respecting Permits and Related Matters WHEREAS pursuant to the Building Code Act, as amended, the Lieutenant Governor in Council has established a Building Code which is in force throughout Ontario; . AND WHEREAS Section 7 of the Building Code Act authorizes a municipal council to pass by-laws concerning the issuance of permits and related matters, 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 2.1 In this By-law: 2.1.1. 2.1. 2, 2.1. 3. 2.1.4. 2.1. 5, 2.1. 6. 2.1. 7. 2.1. 8. 2.1. 9. 2.1. 10. . 2.1.11. "Act" means the Building Code Act 1992, as amended. "applicant" means the owner of a building or property who applies for a permit or any person authorized to apply for a permit on the owner I s behalf. "Building" means a building as defined in Section 1 of the Act. "Chief Official" means the Chief Building Official appointed under Section 3 of the Act. "Final Occupancy" means a permit issued when all outstanding items on a Provisional Occupancy including grading have been completed. "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, "permit" means permission or authorization given in writing by the Chief Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof prior to its completion. "permit holder" means the "owner". "Provisional Occupancy Permit" means a permit issued to allow occupancy of a building prior to its completion. "Re-inspection" means any inspection of a construction stage made pursuant to a previous inspection of the same construction stage. "Regulations" or "Code" means the Regulations made under the Ontario Building Code Act and includes, without limiting the generality of the foregoing, the Ontario Regulations and Amendments thereto I otherwise referred to as The Ontario Building Code. 2.2 Terms not defined in this by-law shall have the meaning ascribed to them in the Act or the Building Code. ~',' 3. CLASSES OF PERMITS Classes of per.mits 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 . 4.1 To obtain a per.mit, an applicant shall file an application in writing on forms available from the Chief Official. 4.2.1 4.2 Every application shall 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 4.2.7. 4.2.8. 4.2.9. . 4.2.10. 4.2.11. 4.2.12. identify and describe in detail the work, use and occupancy to be covered by the per.mit for which the application is made; identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; describe the land on which the work is to be done by a description that will readily identify and locate the site on which the building or demolition is to occur; be accompanied by plans and specifications as described in Section 5 of this By-law; be accompanied by the non-refundable deposit as per Building Department Policy and pay required fees as calculated in accordance with Schedule "B", Schedule "C", and Schedule "0" upon Building Permit Issuance or as determined by the Chief Official; 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 demolition, as the case may be; be accompanied by acceptable proof of corporate identity and property ownership, unless such proof is determined by the Chief Official to be unnecessary; when Section 2.3 of the Building Code applies, or as required by the Chief Official, be accompanied by a signed acknowledgement from the owner in the form prescribed by the Chief Official that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building; when Section 2.3 of the Building Code applies, or as required by the Chief Official, be accompanied by a signed statement from an architect or professional engineer, or both, on a form prescribed by the Chief Official, undertaking to provide general review of the construction or demolition of the building; include, where applicable, the registration number of the builder or vendor as provided in the Ontario new Home Warranties Plan Act; state the estimate valuation of the proposed work including material and labour; Prior to the issuance of a Permit, the owner shall obtain and submit with the Application such approvals as may be required under any other applicable law. Applicable law includes .' .. . ' but is not limited to: Entrance Approvals (i) along Township roads shall be approved by the Township Road's Department; (ii) along County roads shall be approved by the County of Simcoe; . (iii)along Provincial highways shall be approved by the Ministry of Transportation; 4.2.13. be signed by the applicant who shall certify a to the truth of the contents of the application. 4.3 In addition to the requirements of subsection 4.2, every conditional permit application for the construction of a building shall : 4.3.1. state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and 4.3.2. state the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained. 4.3.3. If refused, cannot be appealed in accordance with 25. (1) Ontario Building Code Act. 4.4 In addition to the applicable requirements of subsection 4.2, every permit application shall include 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 requirements of the Building Code including floor plans, details of wall, floor, and roof assemblies identifying required fire resistance ratings and load bearing capacities; 4.5 The Chief Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under Subsection (4) and (5), be under any obligation to grant any further permits therefor. 4.6 Where an application for a permit remains incomplete and inactive for six months after it is made, the application may be deemed by the Chief Official to have been abandoned and notice thereof shall be given to the applicant. 5. PLANS AND SPECIFICATIONS 5.1 Every applicant shall furnish sufficient plans, specifications, calculations, documents and other information to enable the Chief Offici.al to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. The Chief Offi.cial may require where deemed appropriate that a professional engineer design and review work for all or part of the work. . 5.2 Plans submitted shall be copies of originals drawn to scale upon paper, or other suitable and durable material. 5.3 Si te Plans submitted shall be referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such survey shall be filed with and retained by the municipality unless this requirement is waived because the Chief Official is able, without having a current plan of survey, to determine whether the , , ' proposed work conforms to the Act, the Building Code, and any other applicable law. Site Plans must include: i) lot size and dimension of the property; ii) setbacks from existing and proposed buildings to property boundaries and to each other; . iii) existing and finished ground level or grades including a detailed lot grading plan indicating surface drainage flow and ; iv) existing rights of way, easements and municipal services. 5.4 The Chief Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for permit. 5.5 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 showing its location. 5.6 The Chief Official may refuse an application if any of the above is deemed to be incomplete or insufficient at the time of application. 5.7 Plans and specifications furnished according to this bylaw or otherwise required by the Act become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. 6. FEES 6.1 All permit fees, shall be paid in full at the time of Permit issue and in accordance with the rates as set out in Schedule "B", Schedule "Cn (including files related to Planning Applications), and Schedule "Dn attached to and forming part of this By-law. 6.2 The owner shall provide on the prescribed form an estimated value of the proposed work. Where the estimated value provided by the owner differs from the value estimated by the Chief Official, the Chief Official's estimated value shall be used for the purpose of calculating the permit fee. 6.3 The holder of a Permit may request the cancellation of the Permit where no construction has commenced and may upon written request to the Chief Official, apply for a refund of the fee paid for the Permit. The Chief Official may, upon such a request, cancel the Permit and refund an amount equal to not more than 65% of the total fee paid, provided this amount does not reduce the amount retained by the Municipality to less than Fifty Dollars ($50.00). 6.4 Where the holder of a permit has commenced construction and for any reason the proj ect is abandoned, no refund shall be made, the existing construction shall be removed or demolished, the construction site shall be returned to a safe and cleared condition and the Permit shall be cancelled. . 6.5 If prior to the completion of construction, the permit holder no longer retains interest in the proj ect, the subsequent owner shall apply for a Transfer Permit as defined in Schedule "A" attached hereto and forming part of this By-law, and pay such fee as prescribed in Schedule "B" attached hereto and forming part of this By- law. . . 7. TRANSFER 7.1 Permits are transferable only upon the new owner completing a permit application form to the requirements of Section 4. 7.2 A fee, as prescribed in Schedule "B" shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. 8. NOTIFICATIONS 8.1 Notices required by Subsection 2.4.5 of the Building Code shall be given by the permit holder to the Chief Official at least two business days in advance of the stages of construction specified therein, 8,2, A notice pursuant to this section is not effective until written or oral notice is actually received by the Chief Official or a designated building inspector. 9. VALIDITY Should any section, subsection, clause, or provision of this bylaw 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. 10. REPEAL Township of Oro By-law Numbers 89-113, 90-59, 92-11, 93-27 and Township of Medonte By-law No. 1991-06 are hereby repealed. Township of Oro-Medonte By-law No. 94-36 is hereby repealed. 11. This By-law shall come into full force and effect on its final passing thereof. READ A FIRST AND SECOND TIME THIS 21st DAY OF November , 2001 READ A THIRD TIME AND PASSED THIS 21 st DAY OF November , 2001 6:/--- ~:i Mayor, Ian B rd SCHEDULE "A" TO BY-LAW Classes of Permits 1. Building Permit To be for the purpose of allowing the construction of a building as defined in the Ontario Building Code. 2. Demolition Permit 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. 3. Conditional Permit Pertains to construction only and may be issued only in accordance with Section 8.-(3) of the Building Code Act, 1992. 4. Designated Structure Permit To be for the purpose of constructing a designated structure as defined in the Ontario Building Code. 5. Transfer Permit To be where during of any issued to a new ownership changes or prior to the Permit previously owner occur closing issued. 6. Provisional Occupancy Permit To allow unfinished accordance Code. occupancy of an building in with the Building 7. Change of Use Permit To comply with the requirements of Part 10 of the Building Code. 8 . Reapplication To allow a Permit to reinstated, where required. be 9. Plumbing Permit To comply with the requirements of Part 7 of the Building Code. 10. Temporary Service Structure A permit for a temporary Structure, to be removed within a predetermined time frame. 11. Move Permit A permi t existing Township attached) . for the relocation of building wi thin the (See Schedule "D" . SCHEDULE "B" TO BY-LAW Permit Fees 1. Building Permit $25.00 for the first $ 1,000.00 or part thereof of estimated value, plus $ 8.00 for each additional $ 1,000.00 or part thereof of estimated value (or flat fee as noted). . 2. Demolition Permit Class "A" Class "B" $50.00 $100.00 3. Conditional Permit Full Permit value as calculated under Section 1 above plus 10% surcharge. 4. Designated Structure Permit Same as for Building Permit. 5. Transfer Permit $50.00 $25.00 6. Provisional Occupancy Permit 7. Change of Use Permit $50.00 (Basic - No Construction) 8. Reapplication $50.00 9. Plumbing $5.00 per fixture or fixture rough-in $200.00 for water supply (where applicable) and $50.00 Basic Fee 10. Temporary Structure Permit $100.00 (Flat Fee) $75.00 (Flat Fee) 11. Move Permit 12. Agricultural & Farm Buildings $150.00 (Flat Fee) $100.00 (Flat Fee) 13. Provisional Occupancy Fee Deposit fully refunded if no re-inspections were required or permit has not been revised. 14. Fireplace, Woodstove, Chimney Installation or Repair or $50.00 (Flat Fee) Renovations 15. Swimming Pools $50.00 (Flat Fee) 16. Signs/Billboard $50.00/$100.00 (Flat Fee) 17. Institutional & All Others Contract price as shown on contract documents. 18. Minimum permit fee $50.00 . 19. L.L.B.O. application inspection$50.00 20. Additional inspection fee $50.00 ',. ..' I'.' SCHEDULE " B " (CONT.) CALCULATION OF ESTIMATED VALUES CLASSIFICATION OF BUILDINGS . ***Hospitals*** Medical Centres and Clinics Hospitals - 200 beds and under Hospitals - over 200 beds ***Hotels*** Two Storey Multi-Storey - Ordinary - Prestige ***Motels*** Under 20 units Over 20 units - without convention facilities - with convention facilities ***Parking Garage*** Above ground Underground ***Churches*** Without basement Add for basement ***Firehalls*** ***Fraternity House*** ***Funeral House*** ***Gas Station & Car Wash*** ***Gymnasium*** ***Ice Skating*** ***Nursing Home*** ***Restaurants*** ***Swimming Complex*** FACTORIES AND WAREHOUSES ADDITION Light Engineering (up to 5.0m clear Height) Under - 1000 m2 1000 - 2000 m2 2000 - 5000 m2 5000 - 15000 m2 Over - 15000 m2 . Light Engineering (up to 7.0m clear Height) Under - 1000 m2 1000 - 2000 m2 2000 - 5000 m2 5000 - 15000 m2 VALUE $/FT.2 $/M2 101. 00 1082 140.00 1518 146.00 1570 73.00 789 93.00 997 133.00 1432 68.00 732 26.00 281 81.00 870 25.00 268 40.00 431 80.00 861 40.00 431 66.00 710 75.00 812 76.00 813 57.00 614 73.00 791 59.00 635 89.00 963 60.00 646 88.00 942 45.00 52.00 43.00 36.00 31. 00 29.00 563 468 388 337 317 55.00 45.00 38.00 32.00 592 489 413 349 '. SCHEDULE "B" (CONT. ) VALUE $/FT2 $/M2 Over - 15000 m2 31.00 337 Light Engineering ( up to 8.0m clear Height) Under - 1000 m2 56.00 598 . 1000 - 2000 m2 47.00 503 2000 - 5000 m2 39.00 417 5000 - 15000 m2 32.00 349 Over - 15000 m2 31. 00 337 Light Engineering (up to 9.0m clear Height) Under - 1000 m2 59.00 634 1000 - 2000 m2 49.00 531 2000 - 5000 m2 40.00 457 5000 - 15000 m2 34.00 364 Over - 15000 m2 32.00 343 Heavy Engineering Under - 1000 m2 58.00 626 2000 - 5000 m2 50.00 541 5000 - 15000 m2 43.00 459 Over - 15000 m2 40.00 434 Office Area Only 45.00 482 (inside industrial buildings) Office Area Only 71.00 764 (Independent but attached) ***Pre-Engineered Metal Buildings*** The Unit Rates for factories and warehouses above can be applied to pre- engineered metal buildings. ***Office Buildings - Speculative*** Partitioned for Occupancy 62.00 666 81.00 872 68.00 731 88.00 946 77.00 824 97.00 1045 20.00 213 Under 10 storeys - shell only -partitioned for tenants 10 to 20 storeys - shell only -partitioned for tenants 20 storeys and over - shell only -partitioned for tenants ***Stores*** Supermarket - without basement - add for basement 50.00 542 24.00 262 50.00 542 46.00 499 56.00 602 25.00 274 75.00 803 50.00 541 Single Storey - without basement Single Storey - add for basement Single storey - add for office above Single storey - add for apartments above . Department Store Chain or Discount Store ***Schools*** Elementary High Schools Technical or Vocational School 83.00 96.00 94.00 895 1030 1011 ***Theatres*** 119.00 1285 . . . #. /' Schedule " B " (CeNT.) VALUE $/FT2 $/M2 ***Banks and Trust Companies*** 113.00 1211 ***Portables*** 300.00 (Flat Fee) ***Apartments*** 47.00 507 50.00 538 60.00 646 59.00 633 51.00 551 Under 2 storey - no garage 2 - 10 storey - with underground garage Over 10 storeys - with underground garage Townhouses - with single car garage ***Residential*** Single Storey Brick Home & Split Level - up to 190 m2 (2044 sq ft) - over 190 m2 (2044 sq ft) 59.00 635 68.00 731 56.00 602 50.00 538 Two Storey Brick Home - up to 280 m2 (3012 sq ft) Townhouses For houses without brick, deduct $4000.00 For houses with an attached garage, add $4000 for single $6000 for double $10,000 for triple (other sizes 11.50 per sq ft) For houses with a woodstove add $2500 For houses with a fireplace add $3500 ***Residential Additions*** (Second Storey,single storey, two storey, split level) 42.00 453 ***Residential Garages(Detached)*** - Single - Double, Triple 75.00 100.00 Flat Fee Flat Fee ***Residential Basements*** - Finishings, average 13.00 137 ***Tents*** - up to 2,420 sq. ft. (225 sq.m.) - over 2,420 sq. ft. (225 sq.m.) $50.00 (flat fee) $100.00 (flat fee) ***Decks*** - up to 200 sq. ft. - over 200 sq. ft. $75.00 (flat fee) $100.00 (flat fee) $100.00 (flat fee) ***Trailers*** ***Specialized Unit Costs*** (For Material Alterations or Additions) 125mm reinforced concrete floor, with 150mm crushed stone base. 4.00 .37 3.00 .29 18.00 1. 66 Suspended acoustic ceiling tile Facebrick with 200mm block backup "... . # ~ ~ \ SCHEDULE "B" (CONT) 150mm block partitions 5.40 .58 200mm block partitions 6.00 .60 250mm block partitions 6.50 .61 . Drywall partitions 3.50 .33 Prefinished partitions 7.00 .64 44mm comml. hollow core door, including hardware and finishing 45.00 .425 ea. Gasfired unit heater (14 kw) 130.00 1.233 ea. Note #1. Special Provisions The Chief Building Official may, where a proposed building does not adhere to any of the above or where there is dispute, calculate the estimated value at his/her discretion Note #2. Where any construction has Commenced prior to permit the required permit fee shall be determined as follows: Required fee plus 25% or $300.00, whichever is greater. . . . . " SCHEDULE "C" Part 8 - Ontario Buildina Code - Sewaae Svstems Change of Use Per.mit $100.00 $100.00/1ot Consent File Search Application $50.00 Holding Tank (Class 5) $250.00 $100.00 $100.00/1ot $100.00 $100.00 Leaching Pit (Class 2) Minor Variance Pre-Construction Site Inspection Reapplication Sewage System Per.mit $350.00 $250.00 $100.00 Septic Bed Replacement Septic Tank Replacement Severance Application Review $100.00/1ot $100.00/1ot $100.00 $100.00/1ot $100.00 Site Plan Special Inspection Subdivision Zoning Amendment NOTE (1) Where construction has been commenced for any reason on a building prior to the issuance of a per.mit, there shall be an additional inspection fee equal to a sum of money equivalent to 25% of the nor.mal per.mit fee for such work, or $ 300.00 whichever is greater. Where demolition has, for any reason commenced on a building prior to the issuance of a per.mit therefore, there shall be an additional inspection fee of $ 200.00. ~. ....! , . . SCHEDULE "D" Buildina Movina Reauirements 1. Location where building is to be moved requires: - Zoning - Municipal Septic Approval 2. Building being moved requires an assessment from 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. Obtain moving permit.