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1994-036 Under the Building Code Act Respecting Permits and Related Matters ,I 'I I , ~ II I II II II , I 'I '! ;1 I I il II II I II II 'I 'I ,I I ;1 I I ,I I I I i ! , I i ;1 'I ! II " Ii II II II I ii if II II II 'I Ii THE CORPORATION OF THE TOWNSHIP OF OROjMEDONTE BY-LAW NO. 94-36 !i A By-l,;,w under. the Building Code Act W~~REAS pursu:::pe::ln:h:er:itl:ian: ::::te:c::tt::s amended, the Lil~utenant Governor in Council has established a Building Code whlfch is in force throughout Ontario; AN~ WHEREAS Section 7 of the Building Code Act mu~i,?ipal council to pass by-laws concerning the pe~mlts and related matters. Ii " NO~ THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF OR~jMEDONTE ENACTS AS FOLLOWS: authorizes issuance a of ii II 1. il SHORT TITLE Ii :1 This By-law may be cited as the "Building Permits By-law". Ii 2 .Ii DEFINITIONS " :i' Ii I' Ii Ii .. I 2.1 In this By-law: 2.1.1. "Act" means the Building Code Act 1992, as amended. ,i ii Ii I,' Ii !I 'I 2.1. 2. "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's behalf. Ii ,Ii .. I' II )i Ii Ii Ii 'I !I :i n 2.1. 3. "Building" means a building as def ined in section 1 of the Act. Ii Ii II I, II I' 2.1.4. "Chief Official" means the chief building official appointed under section 3 of the Act. .. !i II 2.1. 5. "Final Occupancy" means a permit all outstanding items on a occupancy including grading completed. issued when Provisional have been II !! 11 II 11 .. .. 2.1. 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. ii !i Ii .. !i il I ii Ii 'I jl il .. ,Ii :1 :1 I' ii' ii 2.1. 7. "permit" means permission or authorization gi ven in writing by the Chief Off icia 1 to perform work regulated by the Act and Building Code, or to occupy a building or part thereof prior to its completion. 2.1. 8. "permit holder" means the "owner". H I' Ii \i I:' I! Ii I] Ii ii Ii Ii II I I, Ii ii Ii :1 11 :1 II II I. II Ii I' 2.1. 9. "Provisional Occupancy Permit" means a permit issued to allow occupancy of a building prior to its completion. 2.1.10. "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 Building Code Act and includes, without limiting the generality of the foregoing, the ontario RegulatioDs and Amendments thereto, otherwise referred to as The Building Code. 2.1.11. :1 Ii I, I II I I, " ,II ! I ~~ I I I II II II II Ii II i II 1\ ., !I :1 I[ Ii ., " 'I Ii Ii I[ ., [I II II il 'i ,I II ;1 'I II II iI Ii II II II [I :i II 'I Ii II iI II II II II !I II il 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 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 4.1 To obtain a permit, an applicant shall file an application in writing on forms available from the Chief Official. 4.2 Every application shall 4.2.1. 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. identify and describe in detail the work, use and occupancy to be covered by the permit 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 by a description that will readily locate the site on which the demolition is to occur; is to be done identify and building or be accompanied by plans and specifications as described in section 5 of this By-law; be accompanied by the required fees as calculated in accordance with Schedule "B", if required 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; and II Ii II Ii II 'I II I! 'I h ;1 ii " II II II i! 5 11 ,: ii I' Ii II II II II II I' Ii II' :1 Ii II Ii !I i! I II 11 I Ii ri II !I II I, I' I' II I': Ii I 'i Iii' Ii :1 II ii Ii 'I II II II Ii Ii d II II I' 'I ,I I: !i II II Ii n il Ii I' II 11 ;1' II II II ii I' Li 4.3 II 'I ii II i! Ii Ii ,1,1 ii ii n Ii Ii II II 11 , II II !i Ii 4 4 \1 . II Ii II Ii Ii ii Ii II Ii II il Ii II Ii Ii Ii ii 4.2.12. 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 ApDrovals (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; No building permit shall be issued by the Township until the applicant has obtained approval for their septic system from the Simcoe County Health unit or the Ministry of the Environment and Energy. 4.2.13 . be signed by the applicant who shall certify as to the truth of the contents of the application. 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 th0t unreasonable delays in construction would occur if a conditional permit is not granted; and 4.3.2. state the necessary approvals which must obtained in respect of the proposed building the time in which such approvals will obtained. be and be 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 suff icient information to establ ish 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 a~y 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. PLANS AND SPECIFICATIONS 5.1 Every applicant shall furnish sufficient plans, specifications, calculations, documents and other information to enable the Chief Official to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. The Chief Official may require where deemed appropriate that a professional engineer design and review work for all or part of tre work. 5.2 Plans submitted shall be copies of originals drawn to scale upon paper, or other suitable and durable material. Ii I: II II I ',( I I I I I I i 5.3 Site Plans SUb~i~ted shall be, referenced to a current plan of survey certlfled by a reglstered 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 appllcable law. I II II ~ II il II I, I 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; and iv) existing rights of way, easements and municipal services. 5.4 The ~h~ef ,Official shall determine the number of plans, speclflcatlons, documents and other information required to be furnished with an application for permit having regard for the requirements of any Act, regulation or bylaw respecting the examination or circulations of the application. 5.5 On completion Official may constructed, location. of the construction of a building, the Chief require a set of plans of the building as including a plan of survey showing its 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" 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. The Chief Official's calculations for the estimated value shall be as set out in Schedule "B" attached to and forming part of this By-law. 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 fee paid, provided this amount does not reduce the amount retained by the Municipality to less than Twenty Five Dollars ($25.00). 6.4 Where the holder of a permit has commenced construction and for any reason the project 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 unt~l 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 so 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. A FIRST AND SECOND TIME THIS 10th DAY OF January 1994 A THIRD TIME AND PASSED THIS 10th DAY OF January 1994 Fa~--- fi A b A...e/ (lA!_Qeh~~0 ~lerk SCHEDULE "A" TO BY-LAW 94-36 Classes of Permits 1. Building Permit To be for the purpose of allowing the construction of a building, includes erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit moved from elsewhere. . 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 issued to a new owner where ownership changes occur during or prior to the closing of any Permit previously issued. 6. Provisional occupancy Permit To allow occupancy of an unfinished building in accordance with the Building Code. 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 permit for the relocation of existing building within the Township (See Schedule IIr" attached) . . SCHEDULE "B" TO BY-LAW 94-36 Permit Fees 1. Building Permit . 2. Demolition Permit Class "A" Class "B" 3. Conditional Permit 4. Designated Structure Permit 5. Transfer Permit 6. Provisional occupancy Permit 7. Change of Use Permit 8. Reapplication 9. Plumbing Permit 10. Temporary Structure Permit 11. Move Permit 12. Agricultural & Farm Buildings 13. Provisional occupancy Fee $25.00 for the first $ 1,000.00 or part thereof of estimated value, plus $ 6.00 for each additional $ 1,000.00 or part thereof of estimated value (or flat fee as noted). $ 40.00 $ 100.00 Full Permit value as calculated under section 1 above. Same as for Building Permit. $ 25.00 $ 25.00 $ 40.00 (Basic - No Construction) $ 25.00 $ 4.50 per fixture or fixture rough-in $ 40.00 for water supply (where applicable) and $ 20.00 Basic Fee $ 100.00 (Flat Fee) $ 75.00 (Flat Fee) $ 150.00 (Flat Fee) $ 100.00 (Flat Fee) Deposit fully refunded if no re-inspections were required (@ $25.00 each) or permit has not been revised 14. Fireplace, Woodstove, chimney Installation or Repair or Renovations 15. swimming Pools 16. signs 17. Institutional & All others 18. special Provisions . $ 50.00 (Flat Fee) $ 50.00 (Flat Fee) $ 50.00 (Flat Fee) Contract price as shown :>n contract documents. The Chief Official may, where a proposed building does not inhere to any of the above or where there is dispute, calculate the estimated value at his/her discretion. SCHEDULE "B" (CONT) NOTE (1) Where construction has been commenced for any reason on a building prior to the issuance of a permit, there shall be an additional inspection fee equal to a sum of money equivalent to 25% of the normal permit 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 permit therefore, there shall be an additional inspection fee of $ 200.00. . 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 VALUE $jFT.2 $jM2 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 SCHEDULE "B" (CaNT) . Light Engineering (up to 7.0m clear Height) Under - 1000 m2 1000 - 2000 m2 2000 - 5000 m2 5000 - 15000 m2 Over - 15000 m2 Light Engineering ( up to 8.0m clear Height) Under - 1000 m2 1000 - 2000 m2 2000 - 5000 m2 5000 - 15000 m2 Over - 15000 m2 Light Engineering (up to 9.0m clear Height) Under - 1000 m2 1000 - 2000 m2 2000 - 5000 m2 5000 - 15000 m2 Over - 15000 m2 Heavy Engineering Under - 1000 m2 2000 - 5000 m2 5000 - 15000 m2 Over - 15000 m2 Office Area Only (inside industrial buildings) Office Area only (Independent but attached) ***pre-Engineered Metal BUildings*** $/FT2 VALUE $/M2 55.00 45.00 38.00 32.00 31.00 592 489 413 349 337 56.00 47.00 39.00 32.00 31.00 598 503 417 349 337 59.00 49.00 40.00 34.00 32.00 634 531 457 364 343 58.00 626 50.00 541 43.00 459 40.00 434 45.00 482 71.00 764 The Unit Rates for factories and warehouses above can be applied to pre-engineered metal buildings. ***Office Buildings - speculative*** 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 Partitioned for Occupancy ***stores*** . single storey - without basement Single storey - add for basement single storey - add for office above Single storey - add for apartments above Supermarket - without basement - add for basement Department Store Chain or Discount store 62.00 666 81.00 872 68.00 731 88.00 946 77.00 824 97.00 1045 20.00 213 50.00 542 24.00 262 50.00 542 46.00 499 56.00 602 25.00 274 75.00 803 50.00 541 SCHEDULE "B" (CONT) "'''''''Apartments''''''''' VALUE $/FT2 $/M2 83.00 895 96.00 1030 94.00 1011 119.00 1285 113.00 1211 200.00 (Flat Fro) VALUE $/FT2 $/M2 47.00 507 50.00 538 60.00 646 59.00 633 51.00 551 "'''''''Schools''''''''' Elementary High Schools Technical or Vocational school . "'''''''Theatres''''''''' "'''''''Banks and Trust Companies"''''''' "'''''''Portables''''''''' 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) 59.00 635 Two storey Brick Home - up to 280 m2 (3012 sq ft) 56.00 602 Townhouses 50.00 538 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 wood stove - add $2500 - add $3500 For houses with a fireplace "'''''''Residential Additions"''''''' (Second storey,single storey, two storey, split level) 42.00 453 "'''''''Residential Garages(Detached)"''''''' - Single - Double, Triple "'''''''Trailers''''''''' 75.00 Flat Fee 100.00 Flat Fee 13.00 137 30.00 325 "'''''''Residential Basements"''''''' - Finishings, average . "'''''''specialized unit Costs"''''''' (For Material Alterations or Additions) 125mm reinforced concrete floor, with 150mm crushed stone base. 150mm block partitions 4.00 .37 3.00 .29 18.00 1. 66 5.40 .58 6.00 .60 Suspended acoustic ceiling tile Facebrick with 200mm block backup 200mm block partitions SCHEDULE "B" (CONT) VALUE $/FT2 $/M2 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) 13 0.00 1.233 ea. . ,- SCHEDULE "C" TO BY-LAW 94-36 1. Location where building is to be moved requires: Buildinq Movinq Requirements . 2. 3 . 4. 5. 6. 7. 8. 9. . - Zoning - Health Unit Approval Building being moved requires an assessment from Engineer stating it will make the move without structural damage; Liability Insurance required naming municipality; Licensed person to be used for the move; All M.T.O. regulations must be adhered to; Bell, Hydro, Police, M.T.O. and Railway Crossing notified if applicable; O.P.P. escort to be provided; securi ty deposit of $ 10,000 to be provided to Township by owner; Obtain moving permit.