Permis de construction

BEING A BY-LAW respecting Construction, Demolition, Change of Use Permits and Inspections.

WHEREAS Section 7 of The Building Code Act 1992, S.O. 1992, Chapter 23, empowers Council to enact certain by-laws respecting construction, demolition and change of use permits and inspections; and, 

WHEREAS, The Corporation of The Nation Municipality deems it desirable to do so;

NOW THEREFORE the Corporation of The Nation Municipality enacts as follows:

1. Short Title
2. Definitions
3. Classes of Permits
4. Permits
5. Plans and Specifications
6. Fees
7. Refund
8. Revision to Permit
9. Restricted Permit for a Temporary Building
10. Renewal of Permit
11. Permit Revocation, Deferral or Revocation and Transfer
12. Notifications
13. Documents On Site
14. Offence
15. Schedule to By-Law
16. Severability
17. Repeal of Previous By-Laws

18. Date and Effect

    Schedule A - Classes of Permits & Permit Fees

1. SHORT TITLE

1.1 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, S.O. 1992, Chapter 23 including amendments thereto;

2.2 "applicant" means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or any person or corporation
empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation;

2.3 "architect" means a holder of a license, a certificate of practice or a temporary license under the Architect's Act as defined in the Building Code.

2.4 "as constructed plans" means as constructed plans as defined in the Building Code.

2.5 "building" means a building as defined in subsection 1 (1) of the Act;

2.6 "Building Code" means the regulations made under Section 34 of the Act;

2. 7 "construct" means to construct as defined in subsection 1 (1) of the Act;

2.8 "Chief Building Official" means the Chief Building Official appointed by by-law of the Council of The Corporation of The Nation Municipality for the purpose of the enforcement of the Act, the Regulations and the Building By-law;

2.9 "Corporation" means The Corporation of The Nation Municipality.

2.10 "demolish" means to demolish as defined in subsection 1 (1) of the Act;

2.11 "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property;

2.12 "permit" means permission or authorization given in writing by the Chief Building Official to perform specific work regulated by this by-law, the Act, and the Building Code, or to occupy a building or
part thereof, or to change the use of a building or part of a building or parts thereof as regulated by the Act.

2.13 "permit holder" means the person to whom the permit has been issued who assumes the primary responsibility for compliance with the Act and the Building Code;

2.14 "plumbing" means plumbing as defined in subsection 1 (1) of the Act;

2.15 "professional engineer" means a person who holds a license or a temporary license under the Professional Engineer's Act, as defined in the Building Code;

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

3.1 Classes of permits with respect to the construction, demolition or change of buildings and permit fees shall be as set forth in Schedule "A" appended to and forming part of this By-law.

3.2 Permits for work other than that referred to in this By-law shall be obtained from the appropriate authority having jurisdiction in accordance with the by-laws of the Corporation and includes the
following which are provided for illustration only and do not limit the generality of the foregoing: encroachments, water and sewer services, street cuts and electricity.

4. PERMITS

4.1 To obtain a permit, the owner or an agent authorized in writing by the owner, shall file an application in writing by completing a prescribed form available from the office the Chief Building Official or from the Building Code website www.obc.mah.gov.on.ca, and shall supply any other information relating to the application as required by the Chief Building Official.

Every application for a permit shall be submitted to the Chief Building Official, and contain the following information:

4.2 Where application is made for a construction permit under subsection 8(1) of the Act, the application shall:

• (a) use the prescribed Provincial application form, "Application for a Permit to Construction or Demolish";
• (b) include complete plans and specifications, documents and other information as required by the Act, the Building Code and as described in the By-law for the work to be covered by the permit;
• (c) when section 2.3 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on a form prescribed by the Chief Building 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;
• (d) when section 2.3 of the Building code applies, be accompanied by a signed statement of the architect or
  professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building; and
• (e) where work includes plumbing, the application shall as deemed required by the Chief Building Official also:
  • (i) identify and describe in detail the plumbing work to be covered by the permit for which the
    application is made; and
  • (ii) include plans that show the location and size of every building drain and every trap or
    inspection piece that is on the building drain and a sectional drawing that shows the size
    and location of every soil or waste pipe, trap and vent pipe where the installation contains
    twelve (12) fixtures or more.

4.3 Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall:

• (a) use the prescribed Provincial application form, "Application for a Permit to Construction or Demolish";
• (b) include complete plans and specifications, documents and other information as required by the Act, the Building Code and as described in the By-law for the work to be covered by the permit;
• (c) when section 2.3 of the Building code applies, be accompanied by a signed statement of a professional
  engineer, on a prescribed by the Chief Building Official, undertaking to provide general review of the demolition of the building; and
• (d) be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the cutting off and capping of all water, sewer, gas, electric, telephone or other utilities and services.

4.4 Where application is made for a conditional permit under subsection 8(3) of the Act, the application shall:

• (a) use the prescribed Provincial application form, "Application for a Permit to Construction or Demolish";
• (b) include complete plans and specifications, documents and other information as required by the Act, the Building Code and as described in the By-law for the work to be covered by
  the permit; 
• (c) state the reasons why the applicant believes that unreasonable delays in the construction would occur if a conditional permit is not granted;
• (d) state the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained;
• (e) state the time in which plans and specifications of the complete building will be filed with the Chief Building Official; and
• (f) be accompanied by a written agreement between the owner and the Corporation as provided for in Article 8(3)(c) of the Act.

4.5 In addition to the requirements of subsection 4.2 of this By-law, every partial permit application for part of a building shall:

• (a) include an application and paid fees for the entire project;
• (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official; and
• (c) where a permit is issued for part of a building or project, the holder of such permit may proceed, but the issuance shall not be construed to authorize construction beyond the plans for which the approval was given or as a guarantee that approval will necessarily be granted for the entire building or project.

4.6 Every application for a change of use permit issued under subsection 10(1) of the Act shall be submitted to the Chief Building Official, and shall:

Include the prescribed information as required by the Chief Building Official and describe the building or part thereof in which the occupancy is to be changed;

• (a) identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made;
• (b) 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, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities; 
• (c) be accompanied by the required fees; 
• (d) state the name, address and telephone number of the owner; and 
• (e) be signed by the owner or their agent who shall certify the truth of the contents of the application.

4. 7 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:

• (a) a description of the proposed material, system or building design for which authorization under section 9 of the Act is requested;
• (b) any applicable provisions of the Building Code; and
• (c) evidence that the proposed material, system or building design will provide the level of performance required by the Building Code.

5. PLANS AND SPECIFICATIONS

5.1 Every applicant shall furnish,

• (a) sufficient plans, specifications, documents and other information to enable the Chief Building Official to
  determine whether the proposed construction, demolition, or change of use conforms to the Act, the Building Code, and any other applicable law and whether or not it may affect adjacent property; and 
• (b) each application shall be accompanied by two (2) complete sets of building plans including site plans and specifications unless otherwise specified by the Chief Building Official.

5.2 Plans shall:

• (a) include such working drawings as set out in Schedule "C" to this By-law unless otherwise specified by the Chief Building Official;
• (b) be drawn to scale upon paper or other substantial material;
• (c) be legible and durable;
• (d) indicate the nature and extent of work or proposed occupancy in sufficient detail to establish that the completed work will conform to the Act, the Building Code, and any other applicable law.
• (e) The Chief Building Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for permit having regard for the requirements of any Act, regulation or by-law respecting the examination or circulation of the application.
• (f) The Chief Building Official may require a building location certificate prepared by a qualified land surveyor indicating the under side of footing (U.S.F.) and/or a certificate of compliance with respect to the approved drainage/grading plan prepared by a qualified land surveyor.
• (g) On completion of the construction of a building, the Chief Building Official may require a set of "as constructed plans" 
• (h) Plans and specifications furnished according to the By-law or otherwise required by the Act become the property of the Corporation and will be disposed of or retained in accordance with relevant legislation.
• (i) In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans, but in no case shall such terms as "in accordance with the Act", "legal", or similar terms be used as substitutes for specific information.
• (j) Without restricting the generality of Section 5 of this By-law, every application for a permit with respect to the construction or demolition of a building located in proximity of lands identified as being subject to potential landslide activity shall be accompanied by a letter of consent from the South Nation Conservation Authority.

5.3 A site plan referenced to a current plan of survey certified by a Registered Ontario Land Surveyor and a copy of such a survey shall be filed with the Corporation unless this requirement is waived because the Chief Building 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. The site plan will include:

(a) lot size and dimensions of property;

(b) setbacks from existing and proposed buildings to property boundaries and to each other;

(c) existing and finished ground levels, grades, elevations of bottom or underside of footing and top of foundation, drainage flows and directions, drainage outlet;

(d) existing right-of-way, easements and municipal services;

(e) the location, size and capacity of all municipal services where such services are affected by the proposed construction and the size and location of all connections of services to the building or buildings and the invert level of the building or sewer drain. "Services" shall be deemed to include sanitary sewers, storm water sewers, municipal drains, water drains and electrical power lines. Where permitted, properties serviced by private sewage and water services shall show the location of septic tanks, tile beds, wells and connections to the building they serve;

(f) the existence of any soil condition which may, in any manner, affect the use or safety of the proposed building or facility.

(g) Where required by the Chief Building Official, the applicant shall submit a lot grading plan which shall identify the drainage courses and which grades of adjacent land and grades of centre line of the road at each extremity of the said lot for review and approval.

6. FEES

6.1 The Chief Building Official shall determine the required permit fees calculated in accordance with Schedule "A" of this By-law and the required administration performance deposit calculated in accordance with Schedule "B" of this By-law. The applicant shall pay the administration performance deposit in full upon submission of the permit application for residential dwelling units (Single Family Dwelling, Duplex, Semi-Detached, and Mobile Homes). No permit shall be issued until all the fees therefore have been paid in full.

6.2 Where the fees are based on the cost or valuation of the proposed work, such cost or valuation shall mean the total cost of all work regulated by the permit including the cost of all material, labour, equipment, overhead and professional and related services. 

7. Refund

7.1 In the case of abandonment of all or a portion of the work or of the non-commencement of any project, the Chief Building Official shall determine the amount of refund of permit fees, if any, that may be returned to the permit holder, in accordance with subsection 7.2 hereof.

7 .2 The fees that may be refunded shall be a percentage of the permit fees payable under this By-law, as follows:

• (a) eighty (80%) per cent if application is filed and no processing or review functions have been performed;
• (b) seventy (70%) per cent if administrative and zoning functions only have been performed;
• (c) sixty (60%) per cent if administrative, zoning and plan examination functions have been performed;
• (d) fifty (50%) per cent if the permit has been issued and no field inspections have been performed subsequent to permit issuance;
• (e) five (5%) per cent shall additionally be deducted for each field inspection that has been performed after the permit has been issued.

7. 3 Despite subsection 7.2 and subject to subsection 7.4 hereof, no refund shall be made when the calculated permit fee is one hundred dollars ($100.00) or less.

7.4 The fee for the transfer of a permit is non-refundable.

7.5 Subject to subsection 11.1 hereof, there shall be no refund of permit fees where a permit has been revoked.

8. REVISION TO PERMIT

8.1 After the 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 such change, which is not to be made without his of her written authorization.

9. RESTRICTED PERMIT FOR A TEMPORARY BUILDING

9.1 A restricted permit for a temporary building may be issued by:

• (a) the Chief Building Official authorizing, for a limited time only, the erection and existence of a building or part thereof and,
• (b) a permit for a temporary building may be extended provided permission in writing is granted by the Chief Building Official.

10. RENEWAL OF PERMIT

10.1 The Chief Building Official may issue a renewal of permit, or of a revoked permit, provided the required fee is paid for such renewal and the plans and specifications are made to comply with all the requirements of the Act, the Building Code and any other applicable law in effect at the time the application for a renewal of permit is made.

11.0 PERMIT REVOCATION, DEFERRAL OR REVOCATION AND TRANSFER

11.1 Revocation of Permit

• (a) Prior to revoking a permit under clauses 8(1 0)(b)and(c) of the Act, the Chief Building Official shall provide written notice of intention to revoke to the permit holder at his last known address and, if on the expiration of thirty (30) days from the date of such notice, the grounds for revocation continue to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of.

11.2 Deferral of Revocation

• (a) On receipt of notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof that the Chief Building Official defer the revocation of such permit.
• (b) A request for deferral shall set out the reasons why the permit should not be revoked and the date by which the work will be commenced or resumed.
• (c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date and shall notify the permit holder.

11.3 Transfer of Permit

(a) Permits are transferable only upon the new owner completing a permit application in accordance with the requirements of section 4 of this By-law. 

(b) A fee, as prescribed in Schedule "A", shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purposes of the Act and the Building Code.

(c) Any fees or monies being held such as, but not limited to, the administration performance deposit, will be deemed to be transferable to the new permit holder, without any further notice upon issuing the new permit.

12. NOTIFICATIONS

12.1 With respect to prescribed notices under article 2.4.5.1 of the Building Code, the permit holder or their authorized agent shall notify the Chief Building Official or their designate that the construction is ready for inspection.

12.2 With respect to notices given as per section 12.1 of this By-law, an inspector shall undertake a site inspection of the building to which notice relates within the timeframe stipulated within article 2.4.5.3 of
the Building Code.

12.3 With respect to "additional notices" under article 2.4.5.2 of the Building Code, the permit holder or authorized agent shall notify the Chief Building Official or their designate with the same notice as per article 2.4.5.3. of the Building Code prior to each stage of construction for which notice in advance is required under the Building Code.

13. DOCUMENTS ON SITE

13.1 During the construction, the permit holder shall keep: 

• (a) posted in a conspicuous place on the property in respect of which the permit was issued, a copy of the permit or a poster, or placard in lieu thereof and,
• (b) a copy of the reviewed drawings and specifications referred to in the application for permit, on the property in respect to which the permit was issued.

14. OFFENCE:

14.1 Any person who contravenes any provisions of this By-law is guilty of an offence as provided for in section 36 of the Act.

15. SCHEDULE TO BY-LAW

15.1 The schedules attached to this By-law are deemed to form part of this By-Law.

16. SEVERABILITY

16.1 It is declared that if any section of subsection of part or parts thereof be declared by any competent Court of Law to be illegal, it shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

17. REPEAL OF PREVIOUS BY-LAWS

17.1 By-law 29-98, and amendments thereto, of the Corporation of The Nation Municipality is hereby repealed.

18. DATE AND EFFECT

18.1 This By-law shall take full effect on January 9th , 2006

Schedule "A"

Classes of Permits & Permit Fees

Schedule "A" of By-Law number 85-2005 was repealed and replaced by Schedule "A" of By-Law number 87-2012. 

Notes to Schedule "A"

Gross Building Area, as defined in the Ontario Building Code. means the total of all floors above grade measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of firewalls except that in any other occupancy than a residential occupancy, where an access or a building service penetrates a firewall, measurements shall not be taken to the center line of such firewall. 

Designated Structures are defined in Division A - Part 1 of the Ontario Building Code. (Including Communications Towers, Antennas, Wind Turbines, Roof Top Solar Panel etc.) 

• When a Change of Use Permit is required and no plans examination or review is required then the fee as indicated in Class 19 of schedule A will be applied, however if plans examination or review is required then the permit fee will be based on the appropriate class of permit indicated in schedule A as if it were a new construction.