HomeMy WebLinkAboutBy-law No. 2001-049 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2001-49
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. 98-61 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 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 the works, fixtures and service
systems appurtenant thereto, and includes such other structures as are designated
in the regulations. It does not include the replacement of roofing metal or shingles
nor minor repairs providing the structural system is not involved or altered.
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.
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.
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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 clauses 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 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.
4.1.6 Sewage Systems Building Permit -- required under section 32 1 (1) through
(6)
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,
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authorized
3-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 Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed work
will conform with the Act, the regulations thereunder and any other applicable by-
laws or statutes.
5.2 When required by the Chief Building Official, plans and specifications shall be
provided.
5.2 Plans drawn to scale upon paper, cloth or other substantial materials shall be clear
and durable and shall indicate the nature and extent of the work, or proposed
occupancy, and shall include one of each of the following:
5.3.1 Site plans.
5.3.2 Structural drawings.
5.4 Unless otherwise permitted by the Chief Building Official in writing, the site plan
referred to in Section 5.3.1 shall:
5.4.1 Be drawn to scale.
5.4.2 Show the dimensions of any building existing and proposed and it's
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.
5.4.3 Indicate finished grades and elevations;
5.4.4 Show the information relative to drainage;
5.5 Unless otherwise permitted by the Chief Building Official in writing the structural
drawings referred to in section 5.3.2 shall;
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5.5.1 Show the structural elements required to frame and brace the structural
horizontally and vertically.
5.5.2 Sections and details must be sufficient to enable these to be checked;
5.5.3 All loads and conditions of loading shall be noted on the drawings;
5.5.4 Show all structural steel indicating sizes and shapes in their proper location
together with the type of steel used;
5.5.5 Show any reinforced concrete work and indicate thickness of concrete, size
and spacing and type of reinforcing steel, the strength of concrete and
minimum thickness of concrete cover to steel reinforcement;
5.5.6 Show all lintels with their location and size.
5.6 In lieu of separate specifications, the Chief Building Official may allow the
essential
information to be shown on the plans;
5.7 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.
5.8 Where application is made for a demolition permit under subsection 8(1) 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 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.
5.9 Where application is made for a conditional permit under subsection 8(3) of the
Act,
the application shall:
5.9.1 Contain the information required by clauses 4.3.1 to 4.4.4
5.9.2 Contain such other information, plans and specifications concerning the
complete project as the Chief Building Official may require.
5.9.3 State the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted.
5.9.4 State the necessary approvals, which must be obtained in respect of the
proposed building and the time in which such approvals were obtained.
5.9.5 State the time in which plans and specifications of the complete building
will be filed with the Chief Building Official.
5.10 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:
5.10.1 Describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building.
5.10.2 Identify and describe in detail the current and proposed occupancies of the
building or part of a building for which the application is made.
5.10.3 Include plans and specifications which show the current and proposed
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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,
5.10.4 Be accompanied by the required fee.
5.10.5 State the name, address and telephone number of the owner.
5.10.6 Be signed by the owner or his or her authorized agent who shall certify the
truth of the contents of the application.
5.11 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:
5.11.1 A description of the proposed material, system or building design for
which authorization under section 9 of the Act is requested.
5.11.2 Any applicable provisions of the Building Code.
5.11.3 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 Schedule "A" to this by-law and are
due and payable upon submission of an application for a permit.
6.1.1 Fees payable in respect of an application for a change of use permit under
Subsection 10(1) of the Act are based on a flat rate of$50.00 as set out in
Schedule "A".
6.1.2 Occupancy Permits - shall be issued at the discretion of the Chief Building
Official.
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.
6.3 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.
6.4 The permit fee may be recovered if the project is abandoned with a minimum
payment of$40.00 for administration cost. Any permit worth less than $40.00 is
non-refundable.
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 The completion of construction before occupation, within two working
days prior to occupation of the building;
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7.1.3 The change in the class of occupancy of any building, or part thereof;
8. SEWAGE SYSTEM PERMITS
8.1 The requirement for a permit for a class VIII sewage systems is mandatory and is
regulated by the Building Code Act, 1992. The Municipality of Bayham's Chief
Building Official and appointed inspectors will be the regulatory authority.
8.2 Ontario Regulation 403/97 made under the Building Code Act, 1992
8.3 On April 6, 1998, the Services Improvement Act was passed December 8, 1997,
which amends the Building Code Act, 1992, the Environmental Protection Act
and the Ontario Water Resources Act has transferred authority for regulating
smaller on-lot sewage system to the Building Code Act.
8.4 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.
8.5 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
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
ENCES
10.1 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 or
imprisonment, as provided by the Building Code Act.
11. BY-LAWS REPEALED
11.1 That By-law 98-61 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 7th DAY
OF JUNE 2001.
Appr-
MAY 5 ' CLERK
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SCHEDULE "A"
TO BY-LAW NO. 2001-49
1. RESIDENTIAL BUILDINGS
a) New Single Family Dwellings $45.00 plus
Multiple Dwellings .28 per sq. foot
Additions to Dwellings
Living area to include finished areas in basements.
Structures in 1(b) will be an additional .15 per sq. foot
b) Attached garages, carports, indoor swimming pools $30.00 plus
Solariums, and any roofed over decks or porches, etc. .15 per sq. foot
c) To construct an accessory building eg: sheds, garages, $30.00 plus
carports .15 per sq. foot
d) Renovations of accessory buildings & residence $30.00 plus
3.00 per thousand
2. AGRICULTURAL BUILDINGS
a) Kilns -Tobacco
Silo & Manure Tanks $40.00 per unit
Bunk Houses
b) Corn Cribs $30.00 per unit
Steel Granaries
c) Renovations to Farm Buildings $30.00 plus
4.00 per thousand
d) Farm Buildings and Additions $30.00 plus
$.08 per sq. foot
3. COMMERCIAL INDUSTRIAL, INSTITUTIONAL BUILDINGS
a) New or Renovations $45.00 plus
4.00 per thousand
b) Swimming Pools - Above ground $30.00
- Inground pools $40.00
- Public swimming pools $40.00 plus
3.00 per thousand
4. MISCELLANEOUS
(a) Mobile Homes - as a second dwelling $40.00 plus
on a farm&trailer park 3.00 per thousand
(b) Modular Homes $30.00 plus
.20 per sq. foot
c) Temporary Mobile Homes (for farm help) $50.00 plus any
(Renewable every 3 years at a cost of$50.00 conditions laid out by
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for each 3 year term.) Council
d) Temporary Mobile Homes $50.00 plus any
(used on site while residence is conditions laid out by
under construction) Council
e) Existing buildings and houses moved to a new site $40.00 plus
3.00 per thousand
Plus $.15 per sq. foot for additions to those moved-in structures non-living space.
Plus $.28 per sq. foot for living space additions.
f) The Chief Building Official may authorize the transfer of a permit to another
contractor if the permit holder gives written permission. The fee for this service
is a minimum $25.00.
5. DEMOLITION PERMITS
a) Any structure other than referred to in section 2.4.1.1.(2) of the building code.
b) Agricultural buildings are exempt.
c) Partial demolition projects for any part of buildings under the categories of
Assembly Occupancy, Industrial and Institutional Buildings shall be reviewed by
an architect or professional engineer providing a report with respect to the affects
of the demolition on the remaining parts of the structure or structures.
d) Permit Schedule for Demolition:
1) Assembly Occupancy $100.00
2) Institutional $100.00
3) Industrial $100.00
4) Mercantile $100.00
5) Residential& Accessory $ 25.00
6. EXCEPTIONS
Inspections carried out for construction or installations falling under the Building Code
that do not have a building permit in place, carry a $40.00 inspection fee.
1. Change of use permit $50.00
2. Conditional permit as required under subsection 8(3) of the Act, and meeting the
requirements of 5.9 to 5.9.5 fees for the complete project are required based on
the applicable fee schedule in this by-law.
7. SEPTIC SYSTEMS
Class 1 - chemical toilet, incinerating toilet, a recirculating toilet, a self contained
portable toilet, all forms of privy inkling portable privy, an earth and pit privy, a vault
privy and a composting toilet system all of which receive only human waste.
Fee $150.00
Class 2 - A greywater system, which can only receive greywater waste.
Fee $150.00
Class 3 - A cesspool system, which can only receive waste from a Class 1 system.
Fee $150.00
Class 4 - A leaching bed system, which accepts both human waste and greywater
waste.
Fee $300.00
Class 5 - A sanitary sewage system with an on on-site holding tank for sanitary
sewage produced on-site prior to removal by a haulage service provider; it
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can accept both human body waste and greywater.
Fee $300.00
Leaching Beds - can only be used in soils with percolation times greater than 1
minute and less than 125 minutes
Fee $300.00
Absorption Trench - shall have gravity flow up to 500 feet of distribution pipe and
beyond that it will require a distribution chamber with a pump
to pressurize the system.
Fee $300.00
Filter beds - the total daily design sanitary sewage flow shall not exceed 5000 L,
where the treatment unit is a septic tank or 10,000 L, where the treatment
unit is another treatment unit described in 8.6.2.2.1
Fee $300.00
Repairs to:
Field beds, tanks and additions to field beds Fee $175.00
Lot Assessments - to be issued by and to the satisfaction of the Chief Building Official
as a condition of lot development
Fee $75.00
Sewage Connection Permit Fee $50.00
Note:
(i.) The $50.00 inspection fee applies to any new connections to the existing
sewage system in Port Burwell.
(ii.) Inspection fee is waived for connections to the new sewage system
located in Vienna, Straffordville and Eden for the initial nine-month
connection period only.
8. PLUMBING PERMITS
Base $10.00 + $3.00 per fixture