HomeMy WebLinkAboutBy-law No. 2008-097 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2008-097
A By-law to amend By-Law No. 2007-023 as amended, being 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.2007-82.
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 passed By-law No.2007-023,being
a by-law to regulate building construction,demolition,change of use permits, septic systems, sewer
connection permits and inspections April 5,2007.
AND WHEREAS the Council of the Municipality of Bayham passed By-law No.2007-082 to
amend the said By-law No.2007-023 September 6, 2007.
AND WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to
further amend By-law No. 2007-03 and to repeal By-law No. 2007-82.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS.
1. That Section 5 of By-Law No. 2007-023, as amended,be and the same is hereby repealed,
and replaced with the following:
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) Professional Engineer
licensed to practice Engineering in the Province of Ontario,when grades,
elevations and drainage is provided on the site plan.
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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.
52.6.2 The as-constructed finish grades,building elevation and 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 such other 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.
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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.
2. That By-Law No. 2007-082 be and the same is hereby repealed.
3. This By-Law shall come into force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 611;DAY
OF NOVEMBER 2008.
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