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BY-LAW NO. 3198
______
OF
The Corporation of The Town of Tillsonburg
______
BEING A BY-LAW TO PROVIDE FOR THE CONSTRUCTION, DEMOLITION, CHANGE OF USE AND TRANSFER OF PERMITS AND INSPECTIONS.
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23, empowers a municipality to pass certain by-laws respecting construction, demolition, change of use, transfer of permits, inspections and the setting and refunding of fees;
AND WHEREAS the Council of The Town of Tillsonburg deems it necessary to regulate such.
NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS:
1. SHORT TITLE
1.1 This by-law shall be known as the “Building By-law”.
2. DEFINITIONS
2.1 Act– shall mean the Building Code Act, 1992, S.O. 1992, c.23, as amended.
2.2 Applicable Law – shall mean applicable law as defined in Section 1.1.3.3 of the Building Code.
2.3 Applicant – shall mean the owner or authorized agent of an owner of a building or property who applies for a permit or any person or Corporation empowered by statute to cause the construction or demolition of a building or buildings and anyone acting under the authority of such person or Corporation.
2.4 Application – shall mean a form as prescribed in the Regulations, by the Minister or any additional form created and required by the Municipality.
2.5 As Constructed Plans – shall mean as constructed plans as defined in the Act.
2.6 Architect – shall mean a holder of a licence, a certificate of practice, or a temporary licence issued under the Architect’s Act as defined in the Building Code.
2.7 Authorized Agent – shall mean a person authorized to act on behalf of the owner of a property or building.
2.8 Building – shall mean a building as defined in Section 1(1) of the Act or a farm building as defined in the National Farm Building Code of Canada.
2.9 Building Code – shall mean the Regulations made under Section 34 of the Act.
2.10 Building Inspector - shall mean the Chief Building Official, Deputy Chief Building Official, and inspector, appointed by by-law by the Town of Tillsonburg for the purposes of enforcement of the Act.
2.11 Change of Use Permit – shall mean a permit issued by the Chief Building Official under Section 10 of the Act for the change of use of a building or part thereof.
2.12 Chief Building Official – shall mean the Chief Building Official or Chief Official as appointed by the Corporation of The Town of Tillsonburg for the purposes of enforcement of the Act.
2.13 Conditional Permit – shall mean a permit issued by the Chief Building Official under Section 8.3 of the Act.
2.14 Construct– shall mean construct as defined in subsection 1(1) of the Act.
2.15 Construction Cost-includes all costs of construction including design fees labour and all materials used in construction. Construction cost does not include the land costs.
2.16 Corporation-shall mean The Corporation of The Town of Tillsonburg
2.17 Demolish – shall mean demolish as defined in subsection 1(1) of the Act.
2.18 Director – shall mean the person appointed as director under Section 2 of the Act.
2.19 Minister – shall mean the Minister of Municipal Affairs and Housing.
2.20 Municipality – shall mean The Town of Tillsonburg
2.21 Occupancy Report– shall mean permission to occupy or conditionally occupy.
2.22 Partial Permit – shall mean a partial permit issued by the municipality prior to the issuance of a permit for construction of part of a building.
2.23 Permit – shall mean permission or authorization in writing by the Chief Building Official to perform work, to change the use of a building or part thereof, or to occupy a building or part thereof, as regulated by the Act and Building Code.
2.24 Permit Holder – shall mean the owner to whom a permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred.
2.25 Plumbing – shall mean plumbing as defined in the Act.
2.26 Principal Authority – shall mean principal authority as defined in the Act.
2.27 Professional Engineer – shall mean a person who holds a licence or a temporary licence under the Professional Engineer’s Act as defined in the Building Code.
2.28 Regulations – shall mean the Regulations passed pursuant to the Act.
2.29 Sewage System – shall mean a sewage system as defined in Section 1(1) of the Act.
2.30 Statutory Holiday – shall mean those statutory holidays as defined in the Interpretation Act.
2.31 Swimming Pool – shall mean any body of water located outdoors above or below finished grade on privately owned property, contained in part or in whole by artificial means in which the depth of water at any point can exceed 610 mm (24in.) and with more than 2.0 m2 (21.5sq.ft.) in potential liquid surface area and which may or may not be used or capable of being used for swimming or diving purposes, or both. Not included in this definition is any swimming pool owned by a public or government body, agency or authority, or any vessel designed or intended for therapeutic or bathing purposes which does not exceed 2.0m2 (21.5 sq.ft.) in potential liquid surface area.
2.32 Work – shall mean construction or demolition of a building or part thereof, as the case may be.
2.33 Working Day – shall mean Monday to Friday inclusive but shall exclude statutory holidays.
2.34 Word – any word or term not defined in this by-law, that is defined in the Act or Building Code shall have the meaning ascribed to it in the Act or the Building Code.
3. CLASSES OF PERMITS
3.1 The classes of permits established within this by-law are set out in Schedule ‘A’ forming part of this by-law.
4. GENERAL PROVISIONS FOR PERMITS
4.1 A permit is required for all construction, demolition and change of use as regulated under the Building Code Act.
4.2 A permit is required for all swimming pools as defined in this by-law.
4.3 In order to obtain a permit, the owner or authorized agent shall file an application, in writing.
4.4 Every application for a permit shall be submitted to the Chief Building Official and shall contain the information as outlined in Section 5 forming part of this by-law.
4.5 After the issuance of a permit, and prior to any changes in construction, application shall be made in writing to the Chief Building Official for any revision of the permit.
4.6 A permit may be transferred if the new landowner completes a permit application form in accordance with the requirements of this by-law.
4.7 With regard to Section 4.5 of this by-law, the new owner shall, upon a transfer of a permit, be the permit holder for the purpose of the Act and the Building Code.
4.8 See 14.4 regarding the submission of Grading Plans.
5. APPLICATIONS
5.1 Every application for a permit shall be made in the form prescribed by the Minister, as amended.
5.2 Every application shall be submitted with sufficient information to enable the Chief Building Official to determine whether or not the proposed construction, demolition, change of use or transfer of permit will conform to the Act, the Building Code and any other applicable law.
5.3 Without limiting the generality of the foregoing, and except as otherwise permitted by the Chief Building Official, every application shall include information as contained in Schedule ‘C’ forming part of this by-law.
6. PARTIAL PERMITS
6.1 When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project, an application shall be made in the prescribed form and all applicable fees shall be paid for the complete project.
6.2 In addition to Section 6.1, complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official.
6.3 Where a partial permit is requested, the application shall be deemed to be incomplete.
6.4 A partial permit shall not be construed to authorize construction beyond the plans for which approval was given nor shall it be construed to mean that approval will necessarily be granted for the entire building or project.
6.5 No work beyond that which was granted for the partial permit may be carried out without permission and full permit issuance by the Chief Building Official.
7. CONDITIONAL PERMIT
7.1 Where an application is made for a conditional permit under subsection 8(3) of the Act, the application shall contain all the requirements as outlined in Schedule ‘D’ forming part of this by-law.
7.2 An application for a conditional permit shall be made on the form prescribed by the Minister.
8. CHANGE OF USE PERMITS
8.1 Where an application is made for a change of use permit issued under subsection 10(1) of the Act, the application shall contain all information as required under Schedule ‘E’ forming part of this by-law.
8.2 An application for a change of use permit shall be made on a form as prescribed by the Municipality.
9. BUILDING PERMITS
9.1 Where application is made for a building permit under subsection 8(1) of the Act, the application shall:
9.1.1 be made on the form as prescribed by the Minister;
9.1.2 Include complete plans and specifications, documents and other information as required by Article 2.4.1.1B of the Building Code and as described in this by-law for the work to be covered by the permit.
10. DEMOLITION PERMITS
10.1 Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall be made on the form as prescribed by the Minister.
10.2 All applications for demolition permits shall contain the information required in Schedule ‘F’ forming part of this by-law.
11. TEMPORARY PERMITS
11.1 A restricted permit for a temporary building may be issued by the Chief Building Official authorizing, for a limited time only, the erection or existence of a building or part thereof by submitting a deposit as prescribed in Schedule ‘A’ forming part of this by-law.
11.2 A permit for a temporary building may be extended provided permission in writing is granted by the Chief Building Official.
11.3 An application for a temporary permit will be accompanied by whatever documentation deemed appropriate by the Chief Building Official.
12. WATER AND SEWER CONNECTION PERMITS
12.1 Shall be made on the prescribed form.
12.2 Shall contain such information as the Chief Building Official requires.
13.2 Shall contain an approved Town of Tillsonburg encroachment permit.
13. SIGN PERMITS
13.1 Shall be made on the prescribed form.
13.2 In accordance with The Town of Tillsonburg By-law.
14. SWIMMING POOL PERMITS
14.1 Shall be made on the prescribed form.
14.2 In accordance with The Town of Tillsonburg swimming pool fence by-law.
14.3 Be accompanied by a building / pool location sketch prepared based on a survey unless otherwise required by the Chief Building Official.
14.4 Grading plans are required in accordance with The Town of Tillsonburg Design Criteria By-law.
15. PLANS AND SPECIFICATIONS
15.1 Each application shall, unless otherwise specified by the Chief Building Official, be contain information as listed in Schedule ‘G’ forming part of this by-law.
15.2 Plans and specifications furnished according to this 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.
15.3 On the completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of a building.
16. ARCHITECTURAL DRAWINGS
16.1 Where architectural are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule ‘H’ forming part of this by-law.
17. MECHANICAL AND ELECTRICAL DRAWINGS
17.1 Where mechanical and/or electrical drawings are required under the Act or
the Regulations made thereunder, said drawings shall contain the
information required under Schedule ‘I’ forming part of this by-law.
18. STRUCTURAL DRAWINGS
18.1 Where structural drawings are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule ‘J’ forming part of this by-law.
19. SOIL REPORTS
19.1 Where the Chief Building Official requires a soil report, one copy of such report shall be submitted.
19.2 Slope Stability Reports – where required.
20. FEES
20.1 Fees for a required permit shall be in accordance with Schedule ‘A’
forming part of this by-law.
20.2 . Where the fees are based on the cost or estimated value of the proposed
work, such cost or estimated value 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.
20.3 The Chief Building Official shall place an estimated value on the cost of
work and whether or not the permit applicant or holder disagrees with this
estimated value, the prescribed fee shall be paid before the issuance of a