THE
CORPORATION OF THE TOWNSHIP OF HORNEPAYNE
BY-LAW NO. 988
Being a
by-law regulating building construction, demolition and change
of use permits and inspections within the Township of Hornepayne
WHEREAS section 7 of the Building Code Act, 1992,
S.O. 1992, Chapter 23, authorizes Councils of municipalities to pass
by-laws to regulate certain matters with respect to the construction,
demolition and change of use of buildings and structures,
NOW THEREFORE, BE IT ENACTED by the Council of the
Corporation of the Township of Hornepayne,
1.
SHORT
TITLE AND DEFINITIONS
1.1
This by-law shall be known as the “Building By-law”.
1.2
For the purposes of this by-law,
(1)
words used in singular shall include plural and vice
versa, and
(2)
the word “shall” is mandatory.
1.3
For the purposes of this by-law,
(1)
“Act” means the Building Code Act, 1992, S.O. 1992,
Chapter 23 as amended;
(2)
“as constructed plans” means as constructed plans as
defined in the Building Code;
(3)
“architect” means a holder of a licence, a certificate
of practice, or a temporary licence under the Architect’s Act as defined
in the Building Code;
(4)
“building” means a building as defined in Section 1(1)
of the Act;
(5)
“Building Code” means the regulations made
under Section 34 of the Act;
(6)
“Building Inspector” means a building inspector
appointed by by-law of the Council of the Township;
(7)
“building permit” means written permission or written
authorization from the Chief Building Official to perform work regulated by
this by-law and the Act for the construction, erection and/or
installation of buildings and/or structures and/or parts thereof;
(8)
“change of use permit” means written permission or
written authorization from the Chief Building Official to perform work
regulated by this by-law and the Act for the change of use of buildings
and/or structures and/or parts thereof;
(9)
“Chief Building Official” means the chief building
official appointed by by-law of the Council of the Township;
(10)
“demolition permit” means written permission or
written authorization from the Chief Building Official to perform work
regulated by this by-law and the Act for the demolition of buildings
and/or structures and/or parts thereof;
(11)
“farm building” means a farm building as defined in
the Building Code;
(12)
“plumbing” means plumbing as defined in Section 1(1)
of the Act;
(13)
“professional engineer” means a person who holds a
licence or a temporary licence under the Professional Engineer’s Act, as
defined in the Building Code;
(14)
“Township” means the Corporation of the Township of
Hornepayne.
2. PERMITS AND APPLICATIONS
2.1
Classes of permits with respect to the construction,
demolition and change of use of buildings shall be as set out in Schedule “A”
annexed hereto and forming part of this by-law.
2.2
Every application for a building permit under
subsection 8(1) of the Act shall be submitted to the Chief Building
Official, and shall be accompanied by the following:
(1)
a completed provincial application form in the manner
and form as prescribed pursuant to the Act;
(2)
two (2) sets of complete plans and specifications,
documents and such other information as may be required by Article 2.4.1.1B of
the Building Code and as set out in Schedule “B” annexed hereto and
forming part of this by-law; and
(3)
the prescribed fee for the class of permit and type of
construction activity to be carried out according to the application submitted.
2.3
Every application for a demolition permit under
subsection 8(1) of the Act shall be submitted to the Chief Building
Official, and shall be accompanied by the following:
(1)
a completed provincial application form in the manner
and form as prescribed pursuant to the Act;
(2)
such plans, specifications and such other information
as may be required by Article 2.4.1.1B of the Building Code and the
Chief Building Official to ensure that the demolition will not pose a safety
hazard to people or adjacent properties; and
(3)
the prescribed fee for the class of permit and type of
demolition activity to be carried out according to the application submitted.
2.4 Every application for a conditional
permit under subsection 8(3) of the Act shall be submitted to the Chief
Building Official and shall be accompanied by the following:
(1)
a completed provincial application form in the manner
and form as prescribed pursuant to the Act;
(2)
two (2) sets of complete plans and specifications,
documents and such other information as may be required by Article 2.4.1.1B of
the Building Code and as set out in Schedule “B” annexed hereto and
forming part of this by-law;
(3)
the prescribed total fee for the class of permit and
type of construction activity to be carried out according to the application
submitted;
(4)
a statement setting out the reasons why the applicant
believes that unreasonable delays in construction would occur if a conditional
permit is not issued;
(5)
a statement listing the necessary approvals that must
be obtained in respect of the proposed building and the time in which such
approvals will be obtained; and
(6)
a declaration as to the date upon which plans and
specifications for the complete building to be constructed will be filed with
the Chief Building Official.
2.4 Every application for a change of use permit under subsection 10(1) of the Act shall be submitted to the Chief Building Official and shall be accompanied by the following:
(1)
a completed application form as prescribed and set out
in Schedule “C” annexed hereto and forming part of this by-law;
(2)
two (2) sets of complete plans and specifications,
documents and such other information as may be required by the Chief Building
Official, showing 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, as set out in Schedule “B”
annexed hereto;
(3)
the prescribed fee for the class of permit and type of
construction activity to be carried out according to the application submitted;
(4)
the name , address and telephone number of the owner;
and
(5)
be signed by the owner or his/her/its authorized agent
who shall certify the truth of the content of such application.
2.6
For the purposes of any of the aforementioned
applications for a permit, sufficient information shall be submitted with each
application for a permit so as to enable the Chief Building Official to
determine whether or not the proposed construction, demolition or change of use
will conform with the Act, the Building Code and any other
applicable law.
2.7
Plans submitted for the purposes of any of the
aforementioned applications for a permit shall be legible and drawn in ink and
to scale on paper and shall show all applicable dimensions, measurements,
material specifications and construction details so as to enable the Chief
Building Official to determine whether or not the proposed construction,
demolition or change of use will conform with the Act, the Building
Code and any other applicable law.
2.8
Site plans submitted for the purposes of any of the
aforementioned applications for a permit shall be referenced to a current
building location survey wherever possible, a copy of which shall be submitted
to the Chief Building Official.
2.9
Where current building location surveys are not
available, site plans shall be submitted to the Chief Building Official to
enable said official to determine whether or not the proposed construction,
demolition or change of use will conform with the Act, the Building
Code and any other applicable law, and shall be legible and drawn in ink
and to scale on paper and shall show the following:
(1)
lot size and dimensions of property lines;
(2)
all existing buildings and structures and proposed
buildings and structures;
(3)
distances between property lines and the outer surface
of all exterior walls of any existing buildings and structures and every
proposed building and structure;
(4)
finished ground levels or grades at the outer surface
of the exterior walls of existing and proposed buildings and structures
(5)
direction of surface drainage flow and all existing
and proposed facilities to accommodate lot drainage;
(6)
existing easements, rights of way and municipal services;
and
(7)
proposed fire access routes and existing and/or
porposed fire hydrant locations.
2.10
After issuance of a permit under the Act,
notice of any material change to a plan, specification, document or other
information on the basis of which the permit was issued, must be given in
writing to the Chief Building Official, together with the details of the change
proposed, and such change shall not be made without the written authorization
of the Chief Building Official.
2.11
Where an application for a permit or for authorization
to make a material change to a plan, specification, document or other
information on the basis of which a permit was issued, contains an equivalent
material, system or building design for which authorization under section 9 of
the Act is requested, the following information shall be provided to the
Chief Building Official:
(1)
a description of the proposed material, system or
building design for which authorization under section 9 of the Act is
requested;
(2)
a list of any applicable provisions of the Building
Code; and
(3)
evidence that the proposed material, system or
building design will provide the level of performance required by the Building
Code.
2.12
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 upon completion of construction under such conditions
as may be prescribed in the Building Code.
2.13
Permits shall be issued in the form and manner as set
out in Schedule “C” hereto.
3.
FEES
3.1
Fees for a required permit shall be as prescribed by
by-law of the Council of the Corporation of the Township of Hornepayne from
time to time.
3.2
Fees shall be due and payable upon submission of an
application for a permit.
3.3
Where fees payable in respect of an application for a
building permit issued under subsection 8(1) of the Act or a conditional
permit issued under subsection 8(3) of the Act are based on a floor
area, the floor area shall mean the total floor space of all storeys above
grade plus basement floor area, measured as the horizontal area between the
outer surface of the exterior walls of the building or structure.
3.4
Fees payable in respect of an application for a
conditional permit issued under subsection 8(3) of the Act shall be paid for
the complete project.
3.5
In the case of withdrawal or cancellation of an
application or abandonment of all or a portion of the work or the
non-commencement of any project, the applicant may request in writing a refund
of the fee paid and the Chief Building Official shall determine the amount of
paid permit fees that may be refunded to the applicant, if any, in accordance
with Schedule “D” annexed hereto and forming part of this by-law.
3.6
In no case shall a refund be made where the amount
determined under clause 3.5 is $30.00 or less.
4. NOTICE REQUIREMENTS FOR INSPECTIONS
4.1
With respect to additional notices pursuant to Article
2.4.5.2 of the Building
Code,
notice shall be given by the owner or an authorized agent to the Chief Building
Official or Building Inspector at least two (2) business days prior to each
stage of construction for which notice in advance is required under the Building
Code.
4.2
Notice of the readiness for an inspection pursuant to
Article 2.4.5.1(n) of the Building Code to permit the issuance of an
Occupancy Permit or to permit the occupancy of a building or part thereof that
is not fully completed shall be given to the Chief Building Official or
Building Inspector at least 48 hours prior to the time that such inspection is
required.
5. TRANSFER OF PERMITS
5.1
Where a change in ownership occurs for a property for
which a permit has been issued by the Chief Building Official, such permit
shall be transferred to the new owner upon request and at no cost, subject to
the following:
(1)
the submission of evidence to the Chief Building
Official that demonstrates proof of the change of ownership;
(2)
the submission of the name, address and telephone
number of the new owner; and
(3)
the filing of a declaration with the Chief Building
Official that the new owner shall continue construction, demolition or change
the use in accordance with the plans, specifications, documents and such other
information which were submitted for the purposes of the application and which
formed the basis upon which the permit was issued.
6.
OFFENCES
6.1
Every person who contravenes any provision of this
by-law is guilty of an offence and, upon conviction, is liable to a fine in an
amount not more than the amount specified in the Building Code Act.
7.
ADMINISTRATION AND ENFORCEMENT
7.1
This by-law shall be administered and enforced by the
Chief Building Official.
8. REVOCATION
OF BY-LAW NO. 322
8.1 By-law
No. 322 and all amendments thereto are hereby repealed.
9. EFFECTIVE
DATE
9.1 This
By-law shall come into effect and take force on the date hereof.
___________________________________
Schedule “A” to By-law No. 988
list of classes of permits
Building
Permit for new
construction of all types of buildings and structures and parts thereof, except
those otherwise specified below
for the repair
and alteration of all types of existing buildings and parts thereof, except as
otherwise specified below
for the
construction, repair and/or alteration of plumbing systems or parts thereof
Demolition
Permit for the demolition of
all types of buildings and structures and parts thereof
Change
of Use Permit for all types of
existing buildings and structures, where a change in major occupancy of such
building or structure is proposed that does not necessitate the repair or
alteration of such building or structure and the issuance of a Building Permit
Conditional
Permit for all types of
buildings and structures
Communication
Tower for all communication
towers exceeding 16.6 metres (54 feet 6 inches) in height above ground level
and designated as structures to which Part 4 of the Building Code
applies
Fence
Permit for all
fences exceeding a height of 2.0 metres (6 feet 6 inches) above finished grade
level
HVAC
Permit for the
installation, repair and/or alteration of heating, ventilation and air
conditioning systems and parts thereof, excluding the temporary installation of
portable heaters and air conditioning units or appliances
Occupancy
Permit for the occupancy of all
buildings and structures, whether such buildings and structures are fully
completed or partially completed pursuant to the Building Code
Satellite
Dish Permit all satellite
dishes or antennae exceeding 4 feet in diameter in area mounted at ground level
or on a building and designated as structures to which Part 4 of the Building
Code applies
Sign
Permit for
the installation of all signs designated as structures to which Part 4 of the Building
Code applies
Swimming
Pool Permit for the
installation of in-ground or above-ground swimming pools having a water surface
greater than 9.0 square metres (97 square feet)
Schedule “B” to By-law No. 988
list of DOCUMENTS TO ACCOMPANY Provincial application
form
1. The following plans or working drawings
shall be required to accompany applications for permits:
1)
site plan
2)
floor plans
3)
foundation plans
4)