HomeMy WebLinkAboutBy-law No. 2019-024 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-024
A By-law to regulate building construction, demolition, change of use
permits, septic systems, sewer connection permits and inspections and
to repeal By-Law No. 2014-120, as amended
WHEREAS Section 7 of the Building Code Act, 1992 empowers municipal Councils to
pass by-laws respecting construction, demolition and change of use permits and
inspections.
AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-
law under Section 7 of the Building Code Act, 1992.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS.
1. SHORT TITLE
1.1 This By-law may be cited as "The Building By-law".
2. DEFINITIONS
2.1 "Act" means the Building Code Act, 1992, as amended.
2.2 "Building" means;
(a) a structure occupying an area greater than 10 square metres consisting
of a wall, roof and floor, or any one or more of them, or a structural
system serving the function thereof, including all plumbing, works,
fixtures and service systems appurtenant thereto. It does not include the
replacement of roofing metal or shingles nor minor repairs providing the
structural system is not involved or altered.
(b) A structure occupying an area of 10 square metres or less that contains
plumbing, including the plumbing appurtenant thereto,
(c) Plumbing not located in a structure,
(c.1) a sewage system; or
(d) structures designated in the building code.
2.3 "Building Code" means the regulations made under Section 34 of the Act.
2.4 "Chief Building Official" means the Chief Building Official appointed by the
By-law of the Corporation of the Municipality of Bayham for the purpose of
enforcement of the Act.
2.5 "Corporation" means the Corporation of the Municipality of Bayham.
2.6 "Farm Building" means a farm building as defined in the Building Code.
2.7 "Permit" means written permission or written authorization from the Chief
Building Official to perform work regulated by this by-law and the Act.
2.8 "Plumbing" means plumbing as defined in Section 1(1) of the Act.
2.9 "Annual Maintenance Fee— Non Refundable" means where a Building
Permit has been issued and the construction or demolition authorized by the
permit is, as determined by the Chief Building Official substantially
suspended or discontinued for a period of more than one year, an Annual
Maintenance Fee shall be charged to the property roll as set out in the
"Rates and Fees By-Law" as amended from time to time.
3. DUTIES AND POWERS OF THE AUTHORITY HAVING JURISDICTION.
3.1 The Authority having jurisdiction shall administer this by-law and keep
records of all applications received, permits and orders issued, inspections
and tests made, and shall retain copies of all papers and documents
connected with the administration of this by-law, which will form part of the
public records.
3.2 The Authority having jurisdiction may:
3.2.1 Enter any building or premises at a reasonable time for the purpose
of administering or enforcing this by-law;
3.2.2 Cause a written notice to be delivered to the owner of any property
directing him to correct any condition where in the opinion of the
Authority having Jurisdiction, that conditions constitute a violation of
this by-law;
3.2.3 Order the owner to stop work on the building, if it is proceeding in
contravention of this by-law or if it is an unsafe condition;
3.2.4 Direct that tests of materials, devices, construction methods,
structural assemblies or foundation conditions be made, or sufficient
evidence or proof be submitted at the expense of the owner, where
such evidence or proof is necessary to determine whether the
material, device, construction or foundation condition meets the
requirements of this by-law;
3.2.5 Revoke or refuse to issue a permit where, in its opinion, the results of
tests referred to in clause 3.2.4 are not satisfactory;
3.2.6 Order the removal of any building erected or placed in violation of this
by-law.
4. PERMITS
4.1. Classes of Permits with respect to the Construction of Buildings shall be as
set out below:
4.1.1 Building Permit— Required under subsection 8(1) of the Act—may
include sewage systems and/or plumbing and/or farm buildings
and/or heating, ventilation and air conditioning permits;
4.1.2 Plumbing Permit— Formerly issued under by-laws made under the
Ontario Water Resources Act. May be classed under building permit;
4.1.3 Conditional Permit—Authorized under subsection 8(3) of the Act;
4.1.4 Change of Use Permit— Required under subsection 10(1) of the Act;
4.1.5 Demolition Permit - - Required under subsection 8(1) of the Act.
4.2. To obtain a permit, the owner or his authorized agent shall file an application
in writing on the form prescribed by the Chief Building Official, and pay the
fee prescribed for such permit.
4.3. Except as otherwise permitted by the Chief Building Official, every applicant
shall:
4.3.1 Identify and describe in detail the work and proposed occupancy to
be covered by the permit for which the application is made;
4.3.2 Describe the land on which the work is done, by a description that will
readily identify and locate the building lot.
4.4. Except as otherwise permitted by the Chief Building Official, every
Application shall:
4.4.1 State the valuation of the proposed work including materials, the
labour, and be accompanied by the required fee;
4.4.2 State the names, addresses and telephone numbers of the owner,
authorized agent, architect, engineer, or other designer and
constructor and;
4.4.3 Be accompanied by a written acknowledgement of the owner that he
has retained an architect or professional engineer to carry out the
field review of the construction where required by the Building Code,
and;
4.4.4 Be signed by the owner or his authorized agent who shall certify the
truth of the contents of the application;
4.5 Where a permit has not been issued and the information in an application
changes, the applicant shall notify the Chief Building Official in writing of the
changes.
4.6 An application for a permit may be deemed to have been abandoned and
cancelled six (6) months after the date of filing, unless such application is
being seriously proceeded with:
4.6.1 Where the construction of the building is, in the opinion of the Chief
Building Official substantially suspended or discontinued for a period
of more than one year, the Chief Building Official may revoke a
permit.
4.7 No owner or authorized agent shall move any buildings into or within the
Municipality of Bayham without first obtaining a Building Construction Permit
and Moving Permit.
5 PLANS AND SPECIFICATIONS
5.1 When required by the Chief Building Official, every applicant shall furnish
sufficient plans, specifications, documents and other information, including
design calculations, to enable the Chief Building Official to determine
whether the proposed construction, demolition, or change of use conforms
to the Act and the Building Code, and any other applicable law.
5.2 When required by the Chief Building Official, every applicant shall furnish a
site plan. Such site plan shall:
5.2.1 Indicate the lot size and dimensions of the property;
5.2.2 Show the dimensions of any building existing and proposed and its
relationship to adjoining buildings, parking spaces and their location
off street loading areas, location of driveways, landscaped areas,
signs, fences and all other structures, drains and such other
information as the Chief Building Official may require;
5.2.3 Indicate the proposed lot coverage;
5.2.4 Indicate the existing and finished grades and first floor elevations
referenced to an established datum at or adjacent to the site in
respect of which the application is made;
5.2.5. Show information relative to drainage;
5.2.6. Be prepared by an Ontario Land Surveyor(OLS) or Professional
Engineer licensed to practice Engineering in the Province of Ontario,
when grades, elevations and drainage is provided on the site plan;
5.2.6.1 The as-constructed top of foundation wall elevation shall be
verified by an OLS or Engineer and written verification of the
as-constructed top of foundation elevation shall be submitted
to the Chief Building Official stating the as-constructed
elevation is within reasonable tolerance of the proposed top
of foundation wall elevation. Structural framing of the
building shall not commence until such written verification
has been received by the Chief Building Official;
5.2.6.2 The as-constructed finish grades, building elevation surface
drainage of the building lot shall be verified by an OLS or
Engineer and written verification of such grades and
elevations shall be submitted to the Chief Building Official.
The finish grades and elevations shall be within reasonable
tolerance of the proposed grades, elevations and surface
drainage. The letter of grading confirmation shall be referred
to as a grading certificate;
5.2.6.3 Reasonable tolerance shall be considered to be plus or
minus 150mm (six inches).
5.3 In lieu of separate specifications, the Chief Building Official may allow the
essential information to be shown on the plans.
5.4 Plans submitted shall be legible and be drawn to scale upon paper or such
other suitable and durable material as the Chief Building Official may
require.
5.5 Plans and specifications furnished according to this By-law or otherwise
required by the Act become the property of the municipality and will be
disposed of or retained in accordance with relevant legislation.
5.6 Where a permit has been issued, application shall be made in writing to the
Chief Building Official for any revision of the permit before any change is
made.
5.7 Where application is made for a demolition permit under subsection 8(1) of
the Act, the application shall:
5.7.1 Contain the information required by clauses 4.3.1 to 4.4.4;
5.7.2 Be accompanied by satisfactory proof that arrangements have
been made with the proper authorities for the cutting off and
plugging of all water, sewer, gas, electric, telephone or other
utilities and services.
5.8 Where application is made for a conditional permit under subsection 8(3) of
the Act, the application shall:
5.8.1 Contain the information required by clauses 4.3.1 to 4.4.4;
5.8.2 Contain the information, plans and specifications concerning the
complete project as the Chief Building Official may require;
5.8.3 State the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit is not
granted;
5.8.4 State the necessary approvals, which must be obtained in respect
of the proposed building and the time in which such approvals
were obtained.
5.8.5 State the time in which plans and specifications of the complete
building will be filed with the Chief Building Official.
5.9 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:
5.9.1 Describe the building in which the occupancy is to be changed, by
a description that will readily identify and locate the building.
5.9.2 Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made.
5.9.3 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 bearings capacities.
5.9.4 Be accompanied by the required fee.
5.9.5 State the name, address and telephone number of the owner.
5.9.6 Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
5.10 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:
5.10.1 A description of the proposed material, system or building
design for which authorization under section 9 of the Act is
requested;
5.10.2 Any applicable provisions of the Building Code;
5.10.3 Evidence that the proposed material system or building design
will provide the level of performance required by the Building
Code.
6 FEES
6.1 Fees for a required permit shall be set out in Municipality of Bayham's
"Rates and Fees By-law" as amended from time to time;
6.2 Where the fees are based on the cost or valuation of the proposed work
regulated by the permit including the cost of all material, labour, equipment,
overhead and professional and related services. The Chief Building Official
may place valuation on the cost of the work and the applicant shall pay the
prescribed fee before the issuance of the permit;
6.3 The permit fee may be recovered if the project is abandoned with a refund
as set out in Schedule "A';
6.4 A refundable security deposit in the amount of$1,500.00 shall be paid to
the Municipality of Bayham at the time of building permit application. The
deposit is to assure total completion of work required under the permit
taken. The deposit will be held without interest until final inspection, the
permit is closed and then will be returned in full. The security deposit will be
required for building permits for construction of all dwelling units, all
engineered buildings and to any building with an estimated construction
value of$100,000 or more;
6.5 Despite the fees set out in the Municipality of Bayham Rates & Fees By-
law, where a person commences regulated building activities without first
having obtained a permit, the fees due and payable to the Corporation of
the Municipality of Bayham shall be doubled and this shall be in addition to
any remedy sought or imposed by law under the Building Code Act;
6.6 Annual Maintenance Fee annually added to the tax roll on all outstanding
Building Permits that are dormant for more than one year.
7 TIME OF NOTICE OF INSPECTION, RESPONSIBILITY AND DUTIES OF THE
OWNERS
7.1 The Person to whom the permit has been issued shall notify the Chief
Building Official of:
7.1.1 The proposed commencement of construction of the building, two
or more working days prior to the commencement thereof;
7.1.2 Any of the stages of construction specified in the building code, two
or more working days in advance;
7.1.3 The completion of construction before occupation within two
working days prior to occupation of the building;
7.1.4 The change in the class of occupancy of any building, or part
thereof.
8 SEWAGE SYSTEM PERMITS
8.1 Sewage Systems covered by the Ontario Building Code are those systems
with a design capacity less than 10,000 litres per day and which serve one
lot;
8.2 A permit to connect to the Municipal Sewage System is required and the
submission of plans detailing location slopes and materials used in the
installation. An application will also be completed and an inspection of the
new installation prior to back filling is required. If an existing septic system
is to be abandoned to connect to the sewer, the following steps must be
taken:
(1) previously used septic tanks must be pumped out by a licensed
pumpout operator
(2) previously used septic tanks must be filled with sand, earth or broken
down and backfilled or removed and properly disposed of.
9 ENFORCEMENT OF THE ACT AND REGULATIONS
9.4 As of April 6, 1998, septic standards enforcement became the responsibility
of the Municipality as part of their enforcement of the Building Code.
10 PROVISION FOR OFFENCES
10.4 Any person who contravenes any provision of the Building Code Act, or the
regulations of any by-law passed under the authority of the Building Code
Act, is guilty of an offence and, upon summary conviction is liable to a fine of
imprisonment, as provided by the Building Code Act.
11 BY-LAWS REPEALED
11.1 That By-Law No. 2014-120 and all amendments regulating construction,
demolition and change of use permits and inspections be hereby repealed.
12 EFFECT
12.1 This By-law shall come into force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY
OF MARCH, 2019.
SCHEDULE "A"
TO BY-LAW NO. 2019-024
REFUNDS:
Pursuant to Part 6 of this By-law, the permit fees that may be refunded shall be a
percentage of the fees payable under this By-law, calculated by the Chief Building
Official as follows:
a) 90 percent if administrative functions only have been performed;
b) 80 percent if administrative and zoning functions have been performed;
c) 60 percent if administrative, zoning and plan examination functions have been
performed;
d) 50 percent if the permit has been issued and no field inspections have been
performed subsequent to permit issuance;
e) $80.00 fee for each field inspection that has been performed after the permit has
been issued will be deducted from all refunds;
f) If the calculated refund is less than the minimum $80.00 flat rate, no refund shall
be made of the fees paid.