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HomeMy WebLinkAbout93-127 + 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- 127 being a by-law respecting construction, demolition and change of use permits and inspections. WHEREAS the Building Code Act, 1992, as amended, empowers Council to pass certain by-laws respecting construction, demolition and change of use permits and inspections. NOW THEREFORE, the Corporation of the Municipality of Clarington enacts as follows: Section 1 SHORT TITLE 1.1 This By-law may be cited as the "Building By-law". Section 2 DEFINITIONS "Act means the Building Code Act, 1992 including amendments thereto. "Building"means a building as defined in Section 1(1) of the Act. "Building Code"means the regulations made under Section 34 of the Act. "Chief Official" means the Chief Building Official appointed by the By-law of the Corporation of the Municipality of Clarington for the purposes of enforcement of the Act "Corporation"means the Corporation of the Municipality of Clarington. "Permit"means written permission or written authorization from the Chief Official to perform work regulated by this by-law and the Act. "Plumbing"means plumbing as defined in Section 1(1) of the Act Section 3 PERMITS 3.1 Classes of Permits 3.1.1 Classes of permits with respect to the construction and demolition and change of use of buildings and permit fees shall be as set out in Schedule"A"to this by-law. 3.2 Partial Permits 3.2.1 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, application shall be made and fees paid for the complete project. Complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official. 3.2.2 Where a permit is issued for part of a building or project this shall not be construed, to authorize construction beyond the plans for which approval was given nor that approval will necessarily be granted for the entire building or project. 3.3 Revisions to Permit 3.3.1 After the issuance of the 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 Official together with the details of such change which is not to be made without his authorization. 3.4 Renewal of Permit 3.4.1 The Chief Official may firstly notify an owner and may issue a renewal of a permit, subject to the Act,provided that the required renewal fee is paid and that the plans and specifications are made to comply with all the requirements of the Act in effect at the time of the renewal. 3.5 Permits shall be signed and issued by the Chief Official or the Chief Official's designate. -2- Section 4 REQUIREMENTS FOR APPLICATIONS 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 at the offices of the municipality. 4.2 Every application for a permit shall be submitted to the Chief Official and shall contain the following information: (a) identify and describe in detail the work and occupancy to be covered by the permit for which application is made; (b) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition will occur; (c) include complete plans and specifications as described in this by-law for the work to be covered by the permit and show the occupancy of all parts of the building, (d) state the valuation of the proposed work including materials and labour and be accompanied by the required fee; (e) include where applicable the registration number of the builder or vendor as provided in the Ontario New Homes Warrantee Plan Act, (t) state the names, addresses and telephone numbers of the owner, architect or engineer, where applicable, or other designer or constructor, (g) be accompanied, where applicable, by a signed acknowledgement of the owner on a form that he has retained an architect or professional engineer to carry out the field review of the construction wherein required by the Building Code;and (h) be signed by the owner or his authorized agent who shall certify the truth of the ,contents of the application. 4.3 Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall.• (a) contain the information required by clauses 4.2 (a) to (g), and (b) be accompanied by satisfactory proof that arrangements have been made with the proper authorities for th e cutting off and plugging 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) contain the information required by clauses 4.2 (a) to (g), (b) contain such other information,plans and specifications concerning the complete project as the Chief Building Official may require, (c) state the reasons why the applicant believes that unreasonable delays in 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, and (e) state the time in which plans and specifications of the complete building will be filed with the Chief Building Official 4.5 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: (a) describe the building in which the occupancy is to be changed by a description that will readily identify and locate the building, (b) identify and describe in detail the current occupancies of the building or part of a building for which the application is made, - 3- (c) include plans and specifications which show the current andproposed 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, (d) be accompanied by the required fee, (e) state the name, address and telephone number of the owner, and (f) be signed by the owner or his authorized agent who shall certify the truth of the contents of the application. Section 5 PLANS AND SPECIFICATIONS 5.1 Sufficient information shall be submitted with each application for a permit to enable the Chief Official to determine whether or not the proposed construction will conform with the Act and the Code and any other applicable law. 5.2 Each application shall be accompanied by two complete sets of building plans and specifications unless otherwise specified by the Chief Official. 5.3 Building plans shall be drawn to scale on paper, cloth or other durable material, shall be legible and without affecting the generality of the foregoing,shall include such working drawings as set out in Schedule"B"to this By-law unless otherwise specified by the Chief Official. Section 6 SITE PLANS 6.1 Site plans shall be referenced to an up-to-date survey and, when required to demonstrate compliance with the Act, a copy of the survey shall be submitted to the Chief Official. 6.2 Site plans shall show. (a) lot size and the dimensions of property lines and setbacks to any existing or proposed buildings; (b) existing and finished ground levels or grades, and (c) existing rights-of-way, easements and municipal services. Section 7 FEES 7.1 Fees for a required permit shall be as set out in Schedule "A" to this By-law and are due and payable upon submission of an application for a permit. 7.2 The requirements for fees shall not apply to buildings constructed by or for the Corporation of the Municipality of Clarington. 7.3 Where the fees payable in respect of an application for a construction or demolition permit issued under subsection 8(1) of the Act or a conditional permit under subsection 8(3) of the Act are based on the cost of valuation of the proposed work, the cost of valuation of the proposed work shall mean the cost of work regulated by the permit including the cost of all material,labour, equipment, overhead and professional and related services provided that where application is made for a conditional permit, fees shall be paid for the complete project. 7.4 The Chief Official may place a valuation on the cost of the proposed work for the purpose of establishing the permit fee, and where disputed by the applicant, the applicant shall pay the required fee under protest and upon completion of the project, shall submit an audited statement of the actual costs, and where the audited costs are determined to be less than the valuation, the Chief Official shall issue a refund. -4 - Section 8 PERMIT REVOCATION AND TRANSFER 8.1 An application for a permit may be. deemed to have been abandoned and cancelled 6 months after the date of filing, unless such application is being seriously proceeded with. 8.2 In the case of withdrawal of an application, of the abandonment of all or a potion of the work, or of the non-commencement of any project, the Chief Building Official shall issue a written notice to the owner or applicant, that the permit application has been cancelled. If the owner or applicant wish to have his/her permit application fee refunded,he/she shall submit a written request to the Chief Building Official within 30 days of the written notice and the Chief Official shall determine the amount of refund in accordance with Schedule "C"attached to an forming part of this By-law. No refund shall be granted if the said 30 day requirement is not complied with. 8.3 Permits are transferrable only upon the new owner completing a permitapplication to the requirements of Section 4. 8.4 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 purpose of the Act and the Building Code. Section 9 NOTICE REQUIREMENTS FOR INSPECTIONS 9.1 The owner or an authorized agent shall notify the Chief Official at least two (2) business days prior to each stage of construction for which notice in advance is required under the Building Code as amended from time to time. Section 10 AS BUILT DRAWINGS 10.1 The Chief Building Official may require that a set of plans of a building or any class of buildings as constructed be filed with the Chief Building Official on completion of construction under such conditions as maybe prescribed in the Building Code. Section 11 REPEAL CLAUSE 11.1 By-laws 90-174 and 93-64 are hereby repealed. Section 12 12.1 Should any provision of this By-law be found by a court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby,the intent of Council being that each provision of this By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. BY-LAW read a first time this 13th day of September 1993. BY-LAW read a second time this 13th day of September 1993. BY-LAW read a third time and finally passed this 13th day of September 1993. MAYOR De 5' SCHEDULE"A" TO BY-LAW 93-127 RESPECTING CLASSES OF BUILDING PERMITS AND FEES CLASS OF PERMIT PERMIT FEES To construct a building or addition to a building A minimum of $25.00 or $8.00 per$1,000.00 or portion thereof of the total valuation of the work. To demolish a building or portion of a building $25.00 or $8.00 per 1,000 square feet of gross floor area or portion thereof whichever is the greater. To transfer a permit $25.00 Permits may be renewed for a six month period on the payment of$25.00 renewal fee before expiry of such permit. V SCHEDULE"Bu TO BY-LAW 93-127 RESPECTING LIST OF PLANS OR WORKING DRAWINGS TO ACCOMPANY APPLICATIONS 1) Site Plan 2) Floor Plans 3) Foundation Plans 4) Framing Plans 5) Cross Sections and Details 6) Building Elevations 7) Mechanical/Electrical Drawings SCHEDULE"C" TO BY-LAW 93-127 RESPECTING REFUNDS 'A" The fees that may be refunded shall be a percentage to the nearest dollar of the fees payable under this By-law as follows: (1) 75 percent of fees payable if administrative and zoning functions only have been performed. (Y) 50 percent of fees payable if administrative, zoning and plan examination functions have been completed. ri) 25 percent if the permit has been issued and no inspections made. 'B" Notwithstanding paragraph "A"above, no refund shall be made in an amount less than$25.00. I