2014-026 Regulate Change of Use Permits: Inspection and FeesThe Corporation of the Township of Oro - Medonte
By -law No. 2014 -026
A By -law to regulate Construction, Demolition, On -site Sewage,
Change of Use Permits; Inspection and Fees
And to Repeal By -Law No. 2008 -083 (Building By -Law)
Whereas pursuant to the Building Code Act, SO 1992, c.23, as amended, the
Lieutenant Governor in Council has established a Building Code (O.Reg.332/12)
which is in force throughout Ontario;
And Whereas Section 7 of the Building Code Act, 1992, SO, c 23 as amended,
authorizes a municipal Council to pass by -laws;
a) Prescribing classes of permits under this Act, including permits in respect of
any stage of construction or demolition;
b) Providing 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 on issuance of permits,
requiring the payment of fees for maintenance inspections, and prescribing the
amount of fees;
d) Providing for refunds of fees under such circumstances as prescribed;
e) Requiring a person specified in the Building Code to give notice to the Chief
Building Official of any stage of construction specified in the Building Code, and
Act;
f) Prescribing forms respecting permits and applications for permits and providing
for their use;
g) Enabling the Chief Building Official to require as constructed plans upon
completion of the construction as may be prescribed in the Building Code;
h) Providing for the transfer of permits when the land changes ownership;
i) Requiring the person to whom a permit is issued to erect and maintain fences
to enclose the site of the construction or demolition within such areas of the
municipality as may be prescribed
j) Prescribing the height of the fence required under clause (i).
Now Therefore the Council of The Corporation of the Township of Oro - Medonte
enacts as follows:
1. Citing
This by -law may be cited as the "Building By -law"
2. Definitions
In this by -law
2.1 Act means the Building Code Act 1992, SO, c.23, as amended.
2.2 Applicable Law means applicable law as defined in the Building Code.
2.3 Applicant means the owner of a property who applies for a permit or any
person authorized by the owner in writing or any person or Corporation
empowered by statute to construct or demolish as defined by BCA1.1 or
such persons acting for the Corporation.
2.4 As- Constructed plans means as constructed plans as defined in the
Building Code.
2.5 Architect means the holder of a license, a certificate of practice or a
temporary license under the Architect Act as defined in the Building Code.
2.6 Building means a building as defined in Section 1 (1) of the Act.
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2.7 Building Code means the regulations made under Section 34 of the Act.
2.8 Building Code Act means the Building Code Act 1992, SO, c.23, as
amended.
2.9 Chief Building Official means the Chief Building Official or his /her
designate, appointed by By -Law of The Corporation of the Township of Oro -
Medonte for the purposes of enforcement of the Act.
2.10 Construct means to do anything in the erection, installation, extension or
material alteration or repair of a building and includes the installation of a
building unit fabricated or moved from elsewhere, and has a corresponding
meaning; (construction).
2.11 Corporation means The Corporation of the Township of Oro - Medonte.
2.12 Demolish means to do anything in the removal of a building or any material
part thereof has a corresponding meaning (demolition).
2.13 Designer means the person responsible for the design.
2.14 Inspector means an Inspector appointed under Section 3, of the Act.
2.15 Municipality means The Corporation of the Township of Oro - Medonte.
2.16 OBC means Ontario Building Code.
2.17 Owner includes the registered owner of a property, a lessee, tenant,
mortgagee in possession, or person otherwise in charge of any property,
acting as the authorized agent of the owner.
2.18 Permit means written permission or written authorization from the Chief
Building Official to perform the work regulated by this Chapter and the Act, or
to Change the Use of a building or part of a building or parts thereof as
regulated by the Act.
2.19 Plumbing means plumbing as defined in Section 1 (1) of the Act.
2.20 Professional Engineer means a person who holds a license or a temporary
license under the Professional Engineers Act as defined in the Building Code
and has corresponding meaning (engineer).
2.21 Regulations means regulations made under the Act and include, without
limiting the generality of the foregoing, the Ontario Regulation and
Amendments thereto, otherwise referred to as the Building Code.
2.22 Sewage System means a sewage system as defined in Section 1(1) of the
Act.
2.23 Other terms which may be used in this by -law shall have the meaning
ascribed to them in the Building Code Act, 1992 and regulation 337/12
Building Code.
3. General Provisions & Administration
3.1 Classes of permit - That Classes of Permits required for construction,
demolition or change of use are set forth in Schedule "A" attached hereto
and forming part of this By -law.
3.2 Application - That where required under the Act, the owner of the property
shall file with the Chief Building Official an Application for a Permit, which
shall be on the prescribed form available at the Administration offices or the
Township website.
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3.3 That the owner shall give, clearly and fully, information required to complete
the said Application Forms and shall verify the correctness of the information
supplied in the Application by means of a declaration as provided. When the
person signing the application is an agent a signed letter of authorization is
required from the owner. Where the property owner is a Corporation, a copy
of the Articles of Incorporation shall be submitted and kept on file detailing
the signing authorities.
3.4 That in addition to the information required in Section 3.3 of this By -law, the
owner shall submit such additional information as is necessary to establish
compliance with the Regulations.
3.5 Construction plans - That unless otherwise directed by the Chief Building
Official, the owner shall submit the following in duplicate:
1) Plans drawn to scale, including design calculations, sufficient to enable
the Chief Building Official to obtain full and complete information as to the
extent and character of the proposed work, as set out in Schedule B of
this by -law.
The minimum scale to be used for dwellings or additions is to be 3/16" _
1' for plan view and 1/8 " =1' for elevations.
Other plans shall be no less than 1/4 " =1'.
2) Site plans, drawn to scale, showing the location of the proposed building
and septic if applicable with respect to the street line and all other
property lines and other buildings and structures presently located on the
property.
Site Plans, when required by the Chief Official, shall be referenced to an
up -to -date survey.
3) Grading Plan, drawn to scale, showing the location of new and existing
drainage patterns with respect to the street and other property when
required by the Chief Official, may require a professionally prepared lot
grading / drainage plan.
i. The lot grading plan shall be prepared by an OLS or Professional
Engineer.
ii. The grading plan shall contain, a solid benchmark in a solid and
convenient location, with the proposed elevation of the top of the
foundation, underside of the footings and finished floor elevations
clearly indicated.
iii. Lot grading guarantee, the cheque in the amount set out in the fees
and charges and bylaw shall be submitted to the Township
administration office prior to the applicant submitting plans to the
Township's Engineer for review and approval.
iv. Lot grading refund shall be returned to the party upon successful
completion of the grading approved by the Township Engineer
Consultant. All fees for review by the Township Engineer
Consultant shall be deducted from the lot grading deposit. The
owner is solely responsible for cost of the lot grading design and
review by their OLS or Engineer.
4) Every application for a permit under Section 10(1) of the BCA known as
Change of Use plans shall contain:
i. Description and location of the existing building including existing
and proposed occupancy classifications.
ii. Complete application as required by Section 3.3 of this bylaw.
iii. Plans, specifications and reports that identify the construction index,
hazard index and performance levels of the building including
floors, walls, roofs, fire separations and early warning evacuation,
plumbing and sewage system as applicable.
iv. Fee as described in the fees and charges bylaw.
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5) Sewage system permits under Section 8(1) of the BCA shall contain the
following:
i. Complete application as required by Section 3.3 of this bylaw.
ii. Complete schedule 1 & 2 of the Ministry prescribed application
form.
iii. Complete Municipal form 1, 2, 3 or 4 as applicable or sufficient
information detailed in a clear manner laid out by the designer.
iv. The information detailed in iii. shall contained depth of bedrock(if
applicable), depth of water table, soil properties including
permeability, proposed sewage system design.
V. A cross - section.
vi. Site plan detailing, legal description, property boundaries,
roadways, easements, right -of -ways, municipal /utility corridors,
driveways, north arrow, existing and proposed structures and wells
including setbacks to the proposed septic system, and location of
the proposed system including tank, treatment unit, bed and mantle,
as applicable.
3.6 Applicable law - That 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.
3.7 Conditional permit - That notwithstanding the requirements of Sections 3.5
and 3.6 of this Bylaw, the Chief Building Official at his /her sole discretion may
issue a Conditional Permit in compliance with Section 8(3) of the Act. Permits
issued under those circumstances shall have progress restricted to that
portion of the work for which drawings and other prerequisites are complete.
1) The applicant shall furnish sufficient additional information on the entire
project to establish the feasibility of compliance with the Regulations
and remit the fees payable for the entire project, prior to the issuance of
the Conditional Permit.
2) That where a Conditional Permit subject to progress restriction has
been issued, the holder of the Permit may proceed with the work only
within the limits of the progress restriction. Such restriction shall not be
removed until all conditions have been met.
3.8 Fit out - That where a Permit has been issued for a building in which interior
walls are to be constructed at a later date for the purpose of creating more
than one suite within the building, the owner is required to, and shall apply for
Building Permits for each suite so created and provide a plan sufficient to
establish conformity with the Code, for the entire building prior to the creation
of such suites.
3.9 As Constructed - That when required by the Chief Building Official, the
owner shall provide as constructed drawings including a survey showing the
location of the building(s) upon the completion of the project.
3.10 Fences - Where in the opinion of the Chief Building Official a construction or
demolition site presents a particular hazard to the public, the Chief Building
Official may require a fence be erected and maintained the site of
construction or demolition. Such fences shall be constructed in such a
manner as to be stable, prohibit access to the site by the public.
Consideration by the Chief Building Official shall be given to proximity of
occupied buildings, proximity to public areas and the road, the duration of the
hazard, the effectiveness of the hazard and the hazards presented by the
construction activities and the materials.
All fences shall be installed in accordance with the current version of the
Occupational Health & Safety Act and shall be a minimum of 5' in height.
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3.11 Transfer of Building Permits - Active Permits are transferable only upon
the new owner completing a permit application form as required by Section
3.3 of this bylaw and
i. Copy of the transfer deed
ii. Description of the permit being transferred
iii. Fee set out in the fees and charges bylaw
iv. No changes to the transferred permit are permitted, any changes will
result in the transferred permit being revoked and a new permit
application process as set out in this bylaw will be required.
3.12 Permit placard - Every owner shall, prior to the commencement of any
project post the permit placard in a conspicuous location near the road where
it is clearly visible and shall remain until the permit is complete.
3.13 Fees - All fees shall be paid as described in the Township's current Fees and
Charges By -law.
3.14 Refund - All refunds of fees shall be in accordance with the provisions set
out the Township's Fees and Charges By -law.
3.15 Abandoned permit applications - An application for a permit required by
this bylaw will be deemed abandoned and cancelled six (6) months after the
date of the permit application submission unless in the opinion of the Chief
Building Official, such application is being seriously proceeded with.
Applicant will be notified if a Permit has been deemed abandoned and where
no response is received the application and documentation will be destroyed.
Any refund is in accordance with the provisions set out in the Township's
Fees and Charges By -law.
3.16 Alternative solutions - An applicant providing a design other than the
prescriptive design in Division B of the OBC shall do so using Division A
Sections 2 & 3 detailing the Objectives and Functional Statement of the
supporting article of Divisions B where the alternative is sought. The
applicant shall provide sufficient supporting documentation and reports to the
Chief Building Official to support their proposal. All fees are described in the
Township's Fees and Charges By -law.
3.17 Revisions - As per BCA 8(12) no person shall make a material change or
cause a material changes to be made to a plan, specification or document of
which the permit was issued without notifying and filing the details of the
changes for approval the Chief Building Official. Fees are described within
the Township's Fees and Charges By -law.
4. Notices of Inspection
4.1 The owner or authorized agent shall provide notice of the readiness of
inspection for all categories as described in Division C 1.3.5.1.(2) and
Division C 1.3.5.2.(1) of the OBC.
4.2 Occupancy, no person shall occupy or permit to be occupied a building or
part thereof unless the Chief Building Official or designate have issued a
permit authorizing occupation of the building in accordance with BCA 11 (1)
and Division C 1.3.3.1(1) and Division C 1.3.3.4.(1) of the OBC.
5. Violation and Penalty
5.1 Any person or director or officer of a corporation who contravenes this by -law
is guilty of an offence under section 36 of the Building Code Act as amended.
5.2 Convictions of an offense may be subject to penalties under the Building
Code Act.
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6. Code of Conduct
6.1 The Chief Building Official and Building Inspectors appointed by Council shall
abide by a Code of Conduct as described in the Building Code Act and
defined by the Code of Conduct policy attached in Schedule C.
6.2 A complaint of breach of such Code of Conduct shall be submitted to the
Director of Development Services in writing.
7. Severability
7.1 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.
7.2 That should the provision of this by -law conflict with any provisions of a
Township by -law, the provisions in this by -law shall prevail.
8. That Schedules A, B and C attached hereto shall form part of this by -law.
9. That By -law 2008 -083 is hereby repealed in its entirety.
10. And That this by -law shall take effect on the final passing thereof.
By -law read a First, Second and Third time, and Passed this 5th day of March
2014.
The Corpgration of theATownship of Oro - Medonte
, H.S. H
YAM
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Schedule "A"
to By -Law 2014 -026 for
The Corporation of the Township of Oro - Medonte
Classes of Permits
Building Permit
For all Occupancy Classifications A,B,C,D,E,F and
ancillary use buildings and Farm Buildings as
defined by the Ontario Building Code.
Demolition Permit
For all Occupancy Classifications A,B,C,D,E,F and
ancillary use buildings as defined by the Ontario
Building Code
Conditional Permit
Pertains to construction only when issued under
section 8(3) of the BCA at the discretion of the
CBO
Designated Structure Permit
For all designated structures as described by
Division A 1.1.2.2(2) of the OBC
Transfer Permit
To be issued to a new owner where an active
permit is issued and project is ongoing
Change of Use Permit
Issued when required under section 10(1) of the
BCA and Division B Part 10 of the OBC
Plumbing permit
Where required when project pertains only to
-plumbing
Tent Permit
For temporary use or special events tents where a
permit is required
Temporary Permit
For temporary use of a building or trailer
Sign Permit
As required by Division B 3.15 of the OBC
Sewage Permit
For all on -site sewage systems with a design
capacity of less than 10,000L/day for all sewage
systems on the lot and wholly contained within the
lot it serves. Defined as per Division A 1.4.1.2.(l)
HVAC
For installation of the mechanical components
required by the OBC
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Schedule "B"
to By -Law No. 2014 -026 for
The Corporation of the Township of Oro - Medonte
Plans and Specifications Required
All permit applications shall be accompanied with:
• Documentation verifying compliance with applicable law
• Permit application
• Details as described in the chart below for classes of permits
Residential
. Schedule 1 designer sheets for "house" and "HVAC"
Dwelling
• Energy Efficiency Design Summary Form
• Foundation Plan
• Floor Plan
• Exterior Elevations
• Roof framing plan / truss layout and preliminary specifications
• Cross sections
• Air Barrier details
• I -Joist layout and beam specs and details (as required)
• ICF — CCMC approvals and details (as required)
• Heat loss Calculations, duct design and layout
• Ventilation summary
• Any applicable CCMC or BMEC approvals
Residential
All plans described above as related and
Additions
. Existing floor plan layout with rooms labelled
Decks
• Schedule 1 "House"
• Plan view detailing, piers, beams, joists, stairs
• Cross section detailing guards, all connections and connection
at dwelling
Ancillary
. Schedule 1 designer sheet "House
Buildings to
• Foundation plan
Residential
. Floor plan
• Roof framing plan (if stick framed) / truss layout
• Cross section
• I -Joist layout and details as required
Demolition
For buildings less than 3 storeys or less than 600m2:
permit
• A site plan showing the building to be removed
Note: the site shall be fenced prior to commencement of
demolition
For Building greater than 3 storeys or greater than 600m2, pre and
post tensioned or within the angle of repose
• Site plan as above
• Fencing as above
• Retain the services of an Engineer including general review
• Engineer shall include a description of the structural design
characteristics of the building and the method of demolition
Tents
All permits issued for tents are for temporary, short term or special
occasion events
• Site plan detailing location of buildings, driveways and tent
including setbacks to all existing buildings, septic systems and
other tents
• Verification of FSR of tent canvas
• Anchorage detail
• Engineering design and general review where tent exceeds
222m2 in accordance with Division C 1.2.1.1.5 & 1.2.2.1.(7)
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Temporary
For the use of a building on a short term basis due to fire,
Buildings
construction, sales offices, etc.
(trailer)
. Site plan showing location of proposed trailer including setbacks
to other buildings and septic system
• Floor plan layout showing rooms, exits, emergency lighting,
stairs and landings
HVAC
. Heatloss calculation for proposed building
• Duct layout
• Mechanical ventilation summary
• Schedule 1 "HVAC- House" or "Building Services" as applicable
Signs
Where required by Division B 3.15 all signs shall be constructed in
accordance with Part 4
• Plan view indicating size and Anchorage details
• Site plan showing location
Engineering design and general review as per Division C
1.2.1.1.(6)(7) & 1.2.2.1.(8)(9
Designated
Engineering as appropriate for the structure
Structures
Sewage
As detailed by Section 3.5 (5) of this by -law
Systems
Large
The services of an Architect or Engineer are required to provide the
Residential,
design as per their respective Acts. All plans shall be accompanied
Large Non
by the appropriate seal.
Residential
General Review as required by Division C 1.2.2.1 of the OBC
Buildings
. 3 copies of all plans and specifications
including
. Site plan detailing requirements of Division B 3.2.5
Post
. Sub surface soil investigation report
Disaster
Architectural and Engineering for plans as detailed below:
Buildings
. Matrix
• Foundation plans
• Floor plans
• Roof plans
• Elevations
• Cross sections
• Stair, balcony and mezzanine details
• Fire separations
• Emergency lighting, exit signage fire extinguisher location
• Lighting layout
• Electrical plans and specifications
• Plumbing including sanitary and storm
• Mechanical plans and specifications
• Sprinkler plans and details including hydraulic calculations
• Fire alarm plans
• Travel distance and egress
• On site water for fire fighting
• SB10 forms
As applicable to the project
Change of
As detailed by section 3.5(4) of this by -law
Use
Conditional
As detailed by section 3.7 of this by -law
Permit
Small Non-
. Schedule 1 designer sheet "Small Buildings ", "Plumbing -all
Residential
building ", " Building Services" or Engineering
Buildings
• All plans as detailed above for large buildings as applicable to
the project
• SB10 forms
Ancillary
. Schedule 1 designer sheet "Small Buildings"
Buildings for
• Foundation plan
other than
. Floor plan
"House"
. Roof framing plan (if stick framed) /truss layout
• Cross section
• I -Joist layout and details as required
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Schedule "C"
to By -Law No. 2014 -026 for
The Corporation of the Township of Oro - Medonte
Code of Conduct for Building Officials /Inspectors
Preamble
This Code of Conduct as required under BCA 7.1(1) applies to the Chief Building
Official and Building /Septic Inspectors appointed under the Building Code Act in the
exercise of a power or the performance of a duty under the Building Code Act or the
Building Code. This Code of Conduct is in addition to the "Corporate Code of
Conduct" for all employees of the Township of Oro - Medonte.
Purpose
The purpose of this Code of Conduct is to promote appropriate standards of
behaviour and enforcement actions to ensure Building Officials and Inspectors
apply standards of honesty and integrity, and to prevent practices constituting an
abuse of power including unethical or illegal practices.
Standards of Conduct
Building Officials and Inspectors shall undertake:
1. To always act in the public interest, particularly with regard to the safety of
building works and structures.
2. Not to act where there may be or where there may reasonably appear to be a
conflict between their duties and their employer, their profession, their peers
and the public at large and their personal interests.
3. To apply all relevant Building By -laws, codes and standards appropriately and
without favour.
4. To all at time abide by the highest moral and ethical standards and avoid any
conduct which could bring or tend to bring Building Officials and Inspectors to
disrepute.
5. To comply with the provisions of the Building Code Act, the Ontario Building
Code and all other Acts or Laws which regulate or govern Building Officials
and Inspectors of their functions.
6. To not act beyond their personal level of competence or outside their area of
expertise.
7. To maintain their knowledge and understanding of the best current building
practices, the building laws and codes relevant to their inspection and plan
examination function.
8. To extend professional courtesy to all.
Breaches of Code of Conduct
The Ontario Building Code Act provides that the performance of Building Officials
and Inspectors will be measured against this Code of Conduct. The municipal
administration will review any allegation brought forward that the Code of Conduct
has been breached. Disciplinary action rising from violations of this Code of
Conduct is the responsibility of the municipal employer and will be based on the
severity and frequency of the violations in accordance with relevant employment
standards and the Corporate Disciplinary Policy for employees.
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