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HomeMy WebLinkAbout76-24 . .., , . L ~ ' It" . 'z,I,a . " ~ AMENDED Bq . Ob<! AMENDEO BY AMENDED SY_ ' MENDED BY BY.LAW #.7........... BY LAW ~.7q -oS 70Y.LAW #<t.'...~ -JA 91 -0<0 --flEPEALE~,~y J l'A .. ,............ ~Y"LAW #.~........'sv-LAW 'l....:.. .1.. THE CORPORATION OF THE AMENDED BY7'C(o'f BY.LAW #.~.......... TOWN OF NEWCASTLE AMENDED BY BY.LAW ,.~~.:!-:.CZ1 . . . . BY-LAW NO. 76-24 AME:.;::D DY %~-095 BY-LAW #......."...... being a building by-law to regulate the construction and demolition and provide for the safety of buildings WHEREAS Subsection 2 of Section 5 of the Building Code Act 1974 empowers municipal councils to pass by-laws and regulations respecting building permits; NOW THEREFORE, the Council of 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 PERMITS 2.1 Classes of Permits 2.1.1 Classes of Permits with respect to the construction and demolition of buildings shall be as set out in Schedule "A" to this By-law. 2.2 APPLICATION FOR PEID'.IT 2.2.1 To obtain a permit the owner or his authorized agent shall file an application in writing by completing the prescribed forms available at the offices of the municipality. 2.2.2 Except as otherwise permitted by the Chief Official, every application shall: 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 building lot; c) be accompanied by complete plans and specifications as described in Subsection 2.3; d) state the valuation of the proposed work and be accompanied by the required fee; t. -ll' . l'-....JI. . . . . .' 2.2.2 (Continued)....... 2.2.3 2.3 2.3.1 2.3.2 2.3.3 2.3.4 2.4 2.4.1 2.4.2 e) state the names, addresses and telephone numbers of the owner, architect, engineer or other designer and constructor; f) be accompanied, where applicable, by a written aCknowledgement of the owner that he has retained the architect or professional Engineer to carry out the field review of the construction, as described in Section 2.4 of the Regulations, and; 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. PLANS, SPECIFICATION AND INFORMATION Sufficient information shall be submitted with each application for a permit to enable the Chief Official to determine whether or not the proposed work will conform with the Act, the Regulations thereunder and any other applicable law. Plans shall be drawn to scale upon paper, cloth or other durable material. - Plans, specificati3ns and information furnished with the application shall be in numbers as prescribed by the Municipality. Unless otherwise permitted by the Chief Official, site plans shall be referenced to a current plan of survey certified by a registered Ontario Land Surveyor, and a copy of such survey shall be submitted. APPROV AL IN PART When, in order to expedite work, a permit for a portion of the building is desired prior to the issuance of a permit for the whole project, application shall be made and fees paid for the complete project, and complete plans and specifications covering the portion of work for which immediate approval is desired shall be filed with the Chief Official. Should a permit be issued for part of a building the holder of such permit may proceed b~t the municipality gives no assurances that permits required for the remainder of the project will be granted. (2) , ,. ~ . . . . , .' . ..., ; Section 3 FEES 3.1 Fees for a required permit shall be in accordance with Schedule "A" to this By-law. 3.2 Where the fees are based on the cost or valuation of the proposed work, such valuation shall mean the total cost of all work regulated by the permit including cost of professional and related services. 3.3 The Chief Official shall place a valuation on the cost of the work and if the permit applicant or holder disagrees with this valuation, the prescribed fee shall be paid before the issue of the permit. Upon completion of the work, if the actual cost of the work was less than the valuation placed by the Chief Official an audited statement may be submitted detailing the cost of all the component parts of the work. The Chief Official shall, if the statement contains the cost of all component parts of the work upon which the valuation was required C0 be based, value the work in accordance with this statement and issue the appropriate refund. 3.4 In the case of the non-commencement of any project and upon written request, the Chief Official shall determine. the amount of refund of permit fees, if any, that may be' returned to the permit holder, in accordance with Schedule "E" to this By-law. Section 4 NOTIFICATIONS AND PENALTIES 4.1 The owner or his authorized agent shall notify the Chief Official at least two business days in advance of the stages of construction specified in Section 2.10 of the Regulations under the Ontario Building Code Act, Statutes of OnUrio 1974. 4.2 No person shall file a false or misleading application or false or misleading support material. Any person convicted of a breach of any of the provisions of this by-law shall forfeit and pay, at the discretion of th6 convicting Provincial Judge or Justice of the Peace a penalty of not less than One Hundred Dollars ($100.00) nor exceeding, exclusive of costs, the sum of One Thousand Dollars (01000.00) for each offence. BY-LAW READ a first time this 3~d day of May 1976 BY-LAW READ second time thi~ d day of May 1976 BY-LAW READ "" third time and fL~a.l1y passed this 3rd day of May 1976. 4.3 SEAL G. B. Rickar ..' Mayor J. M. McIlroy Clerk . , '~,', ~...i ,. . . . . , . ,'. .J seE E D U L E " A " to By-law No. 76-24 RESPECTING CLASSES OF PERMITS AND FEES CLASSES OF PERMITS PERMIT FEE To construct a building $6.00 plus *5.00 per $1000.00 or portion thereof of the total valuation of the work in excess of fpl00Q..00 To demolish a building $6.00 or $5.00 per 1000 of gross floor area or portion thereof, wh~b~er is the greater. A deposit of one half the permit fee shall be paid when application is made and the balance payable on issuance of the permit. ,....-=--r----..---.-------. -~ , ~ . ... .' IJ"J 'l_, . ~"..'.{."". ~~.. !If" '.......,.. If ,f . . . 1 · . . I. S C H E D U L E " I~i " to By-Law No. 76-24 RESPECTING REFUND OF PERMIT FEES 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: i) 75 percent if administrati ....e and zoning functions only have been performed; ii) 50 percent if administrative, zoning and plan examination functions have been performed; iii) 25 percent if the permit . ~s been issued, and no inspections made. B. Notwithstanding paragraph A above, no refund shall be made of an amount less than $10.00.