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HomeMy WebLinkAbout90-174 ". ~. , ..- .. , , . AMENDEDqBY REPEALED BY BY-LAW #..~.~Q<.;~t BY-LAW ,.7~:J~1 .' . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- 174 being a by-law respecting Building Permits and inspections. WHEREAS Subsection (2) of Section 5 of the Building Code Act, R.S.O., 1980, Chapter 51, empowers Council to pass certain by-laws respecting permits and inspections; NOW 'I'HEREFOBE, the. Corporation of the Town of Newcastle enacts as follows: Section 1 SHORT TITLE 1.1 This By-law may be cited as the "Building By-law". Section 2 DEFINlTIONS "Act" means the Building Code Act, R.S.O., 1980, C51 including amendments thereto. "Building" means a building as defined in Section 1 of the Act, "Chief Oftlciallf means the Chief Building Official appointed by the By-law of the Corporation of the Town of Newcastle for the purposes of enforcement of the Act. "Corporation" means the Corporation of the Town of Newcastle. "Permit" means written permission or written authorization from the Chief Ofllcial to perform work regulated by this by-law and the Act. "Regulation" means the regulations made under the Building Code Act. Section 8 PERMITS 8.1 8,1.1 ClA8fJP8 of Permits Classes of permits with respect to the construction and demolition of buildings and permit fees shall be as set out in Schedule "A" to this by-Jaw. 8.2 8.2.1 Partial Permits 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 specUlC8.tions covering the portion of the work for which immediate approval is desired shall be filed with the Chief Official. 8.2;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. BevisioDs to Permit 8.8 3.8.1 After the issuance of the permit, 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. 8.4 Renewal of Permit 8.4.1 The Chief Oftlcial may fll'stly 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 p1ans and specifications are made to comply with all the requirements of. the Act in effect at the time of the renewal. ~' '. ". l~ ! '. .' . Section '" 4.1 4.2 Section 5 5.1 5.2 5.8 Section 6 6.1 . 6.2 3,5 (a) (b) - 2 - Permits shall be signed and issued by the Chief 0ffi.cia1 or the Chief Offi.cia1's designate. REQUIREMENTS FOR APPLICATIONS To obtain a permit, the owner or an agent authorized in writing by the owner shall fUe an application in writing by completing a prescribed form available at the offices of the municipality. Every application shall be submitted to the Chief Official and shall: (a) identify and describe in detail the work and occupancy to be covered by the permit for which application is made; describe the land on which the work is to be done, by a description that will readily identify and locate the building lot; include complete plans and specifications as described in this by-law and show the occupancy of all parts of the building; (b) (c) (d) state the valuation of the proposed work including materials and labour and be accompanied by the required fee; (e) state the names, addresses and telephone numbers of the owner, architect or engineer, where applicable, or other designer or constructor; (0 be accompanied, where applicable, 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 wherein required by the Building 'Code; (g) be signed by the owner. or his authorized agent who shall certify the truth of the contents of the application; (h) in. the case of demolitions, be accompanied by satisfactory evidence 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. PLANS AND SPECIFICATIONS Sufticient information shall be submitted with each application for a permit to enable the Chief 0fticia1 to determine whether or not the proposed work will eonform with the Act and the Code and any other applicable law. Each application shall be accompanied by two complete sets of building plans and specifications unless otherwise specified by the Chief Official. ' 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. SITE PLANS Site p1ans 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 0fticia1. Site plans shall show: lot size and the dimensions of property lines and setbacks to any existing or proposed buildings; existing rights-or-way, easements and municipal services. ,. '.." . , . . - 3 - Section 7 FEES 7.1 Fees for a required permit shall be as set out in Schedule "N 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 Town of Newcastle. Where the fees are based on the cost of valuation of the proposed work, such cost of valuation 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. 7.3 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. 7,6 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. 7.6 In the case of abandonment of all or a portion of the work, or of the non commencement of any project, the Chief Official shall determine the amount of the refund of paid permit fees that may be returned to the applicant, if any, in accordance with Schedule "C" attached to and forming part of this By-law. Section 8 NOTICE REQUIREMENTS FOR INSPECTIONS 8.1 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 9 9.1 AS B~TDRAWINGS Upon completion of the construction of any new buildings or major additions for which a permit has been issued, a set of plans of the building as constructed and completed shall be submitted to the Chief Official. Section 10 REPEAL CLAUSE 10.1 By-laws 76-24, 79-67, 81-7, 81-67 and 88-94 are hereby repealed Section 11 11.1 Should any prOVlSlon 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 29th October day of 1990. BY-LAW read a second time this 29th day of 1990, October BY-LAW read a third time and finally pass " ~ .,. . SCHEDULE .N TO BY.LAW 90 RESPEerING 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 $7.00 per 1,000 square feet of gross floor area or portion thereof whichever is the greater. Building and demolition permits may be renewed for a six month period on the payment of $25.00 renewal fee before expiry of such permit. -, , , ,.'. . . ,- . ~ ) SCHEDULE -:B" " TO BY-LAW 90 RESPECTING T.IR'(' OF PLANS OR WORKING DRAWINGS TO ACCOMPANY APPLICATIONS 1) Site Plan 2) Floor Plans 8) Foundation Plans 4) Framing Plans 5) . Cross Sections and Details 6) Building Elevations 7) MechanicaJ/Electrica1 Drawings ., , j ~.;, 't , "-,' ~ '.. I ) SCHEDULE "C" TO BY-LAW 90- RESPECrING REFUNDS "}.!' The fees that may be refunded shall be a percentage to the nearest dollar of the fees payable under this By-law as follows: (i) 75 percent of fees payable if administrative and zoning functions only have been performed. (ii) 50 percent of fees payable if administrative, zoning and plan eYAmination functions have been completed. (iii) 26 percent if the permit has been issued and no inspections made. -, "B" Notwithstanding paragraph "N above, no refund shall be made in an amount" less than $25.00.