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REPORT
ENGINEERING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: MAR 21, 2011 Resolution #:
Report M EGD-011-11 File #: By-law#: x011'03
Subject: BUILDING PERMIT AND INSPECTION FEE AMENDMENTS AND
NEW BUILDING BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-011-11 be received;
2. THAT the Building By-Law be revised to reflect the changes necessitated by the
new provisions of the Building Code;
3. THAT the building permit fee and inspection fee structure as detailed in the new
Building By-Law be approved;
4. THAT the Building By-Law be revised to include the annual indexing percentage
of 3%, effective January 1g` each year;
5. THAT the new Building By-Law be effective April 4, 2011;
6. THAT the Building By-Law attached to Report EGD-011-11 as Attachment 1,
inclusive of any amendments made by Council at the meeting of March 21, 2011,
be recommended to Council for approval to rescind and replace By-Law 2005-
145, as amended; and
7. THAT all recorded interested parties be notified of Council's decision.
Submitted by: -Reviewed by: ► r c
A.b. Cannella, Franklin Wu,
Director of Engineering Chief Administrative Officer
ASC/RP/hjl
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
Report EGD-011-11 Page 2
1.0 BACKGROUND
1.1 In the spring of 2005,the Municipality retained the services of Hemson
Consulting Limited to undertake a building permit fees study in order to comply
with Building Code Statute Law Amendment Act, 2002 - Bill 124. This study
analyzed the costs of administering and enforcing the Building Code in the
Municipality and making recommendations regarding the new building permit
fees necessary to recoup the cost of providing the required building permit
services.
1.2 The current building permit fees were approved by Council through report
EGD-24-05 and By-Law# 2005-145 with the intention that the building permit
and inspection fees remain the same for a five year period (2005 to 2010). The
building permit fees study was to be updated in 2010 to determine if the present
permit fees are still adequate to administer and enforce the Building Code.
1.3 The Municipality hired Hemson Consulting Limited in the fall of 2010 to update
the building permit fees study.
2.0 BILL 124
2.1 The general purpose of Bill 124 was as follows:
• Respond to the building industry's concerns that many municipalities were
collecting large permit revenues but not providing adequate services.
Many municipalities were using permit revenues as general revenues or
helping to finance new facilities.
• Legislate to create a business unit that operates within the municipality,
but is financially self sustaining.
• State that permit fees can only be used for the administration and
enforcement of the Ontario Building Code Act. Permit fees can be set to
cover direct and indirect costs, and to contribute to a reserve fund which
Report EGD-011-11 Page 3
will finance the administration and enforcement of the Building Code Act
during an economic downturn when annual permit revenue may be
reduced.
2.2 The Bill 124 requirements in 2005 were as follows:
• Legislated minimum time frames for building permit review process which
added more pressure to the building staff for processing of building
permits.
• Legislated time frames for mandatory inspections of buildings plus
additional heating inspections were required.
• Notification for an inspection now must be undertaken within two days of
being notified adding more pressure to the building staff.
• All Building Officials must take the Ministry of Housing exams and become
qualified in numerous categories in order to perform plans examination
and inspections. The following are the qualifications required to become a
Building Official.
• House, small buildings, large buildings and complex buildings
• Plumbing -house, plumbing all buildings.
• HVAC- house, building services
• Building Structural
• Detection, lighting and power
• Fire protection
3.0 BUILDING CODE REGULATIONS NEW REQUIREMENTS
3.1 Additional responsibilities are effective January 1, 2012.
3.2 There will be an additional mandated building inspection of the substantial
completion of the air barrier system.
Report EGD-011-11 Page 4
3.3 Energy efficiency for housing will be increased substantially in 2012. The Building
Code will require all housing to comply with the new energy efficient standard in
accordance with NRCan , " EnerGuide for new Houses: Administrative and
Technical Procedures" or a prescribed method stated in the supplemented
standard SB-12. Presently there is one prescribed method of insulating a house
and the new requirement will allow the choice of 13 different compliance
packages. Additional review and inspections by Building Staff will be required.
3.4 There will be a mandated "Occupancy Permit" required from the Municipality to
the Owner and/or Builder prior to occupancy of the house.
3.5 A new Ontario Building Code is anticipated to be filed with the Registrar of
Regulations by mid 2011.
3.6 The current edition of the Building Code was released in 2006.
3.7 The Ministry of Municipal Affairs and Housing (MMAH) has begun work on the
development of the next edition of the Building Code. Consistent with broader
government priorities, the main themes of the next edition are expected to
include support for the economy, promoting a greener Ontario, enhancing
barrier-free accessibility and increasing public safety.
3.8 The Building Officials will require additional training to implement the new
requirements of the new building code.
4.0 PRE-CONSULTATION MEETING WITH DEVELOPERS
4.1 On March 9, 2011 The Building Division hosted a consultation session with the
Durham Region Home Builders' Association and Building Industry and Land
Development Association on the proposed changes to the Building By-law and the
proposed Building Permit Fee.
Report EGD-011-11 Page 5
5.0 REQUIREMENTS FOR CHANGING FEES
5.1 As stated in Division C — Part 1 article 1.9.1.2 of the Ontario Building Code,
before passing a by-law, regulation or resolution under clause 7 (1) (c) of the Act
to introduce or change a fee imposed for applications for a permit or for the
issuance of a permit, a principal authority shall,
a) hold at least one public meeting at which any person who attends has an
opportunity to make representations with respect to the matter,
b) ensure that a minimum of 21 days notice of the public meeting is given in
accordance with Clause (c), including giving 21 days notice to every person and
organization that has, within five years before the day of the public meeting,
requested that the principal authority provide the person or organization with
such notice and has provided an address for the notice,
c) ensure that the notice under Clause (b),
i. sets out the intention of the principal authority to pass the by-law,
regulation or resolution under section 7 of the Act and whether the by-law,
regulation or resolution would impose any fee that was not in effect on the
day the notice is given or would change any fee that was in force on the
day the notice is given,
ii. is sent by regular mail to the last address provided by the person or
organization that requested the notice in accordance with Clause (b), and
iii. sets out the information described in Clause (d) or states that the
information will be made available at no cost to any member of the public
upon request, and
d) make the following information available to the public:
i. an estimate of the costs of administering and enforcing the Act by the
principal authority,
ii. the amount of the fee or of the change to the existing fee, and
iii. the rationale for imposing or changing the fee.
Report EGD-011-11 Page 6
6.0 PUBLIC MEETING
6.1 A public meeting was held pursuant to the Building Code Act on March 21, 2011,
at the commencement of the same General Purpose and Administration
Committee meeting where Committee is receiving this report.
6.2 Should Council wish to consider amendments to the Building By-Law based on
either communications or delegations at the public meeting or by Committee
request, it is suggested that an addendum report be requested to specifically
address issues raised and that this report be referred to the following Council
meeting of March 28, 2011.
7.0 BUILDING PERMIT FEES
7.1 In the 2005 report #EGD-24-05 for Building Regulatory Changes — Impact of
Building Code Statute Law Amendment Act and Ontario Regulation 305/03,
Council approved the increasing of the building permit fees and inspections rates
by 41.11%. Therefore, the impact on single dwelling building permit fee was
$9.12 from $6.46 per squared metres. These fees approved in 2005 were
constant over a five year period which enabled the building community to
forecast its building construction costs in Clarington.
7.2 Staff is recommending that an annual 3 percent indexing be written into the
Building By-Law attached to this report as Attachment 1. The annual indexing
percentage would be effective January 1't each year. This annual indexing
percentage would assist in keeping the revenues more in align with the building
permit and inspection costs that increase annually due to employer and
employee benefits, staff negotiations and operating costs within the building
services unit. Some municipalities have the annual percentage indexing in their
Building By-Law already.
Report EGD-011-11 Page 7
7.3 The updated study by Hemson Consulting Limited has determined that the
present building permit fees are inadequate to recover the "anticipated
reasonable cost" of administration and enforcement of the Building Code Act.
7.4 The following table lists the allowable cost recovery items and establishes a total
cost projected for 2011 for the provision of Building Code services in the
Municipality.
7.5
MUNICIPALITY OF CLARINGTON
Building Services Unit
TOTAL COSTS
Direct Costs $ 1,342,746
-costs of the building division of the Engineering
department for processing of building permit
applications, review of building plans, conducting
inspections and building-related enforcement duties.
Indirect Costs $ 235,064
-costs for support and overhead services to the
building division.
Anticipated Costs
Training included above
New deadline compliance included above
Interest on borrowing none
Reserve Fund contributions $ 110,000
Total Costs $ 1,687,810
7.6 The total cost projected for 2011 is based on the future filling of a vacant building
inspector position (3 building inspectors are required to handle anything beyond
650 permits annually. Currently, there are only 2 building inspectors), annual
revenue estimated at $1.45 million and annual contributions to the Building
Division reserve fund of$110,000 a year. The total cost for 2011 does not
Report EGD-011-11 Page 8
inflation adjustment and assumes an annual indexing provision of 3% is inserted
into the by-law.
7.7 The annual building permit revenue is estimated at $1,450,000 based on the
growth expected in the next few years. This growth study known as Clarington
Community Forecast was prepared by Hemson Consulting Limited, as part of the
Municipality's Official Plan review and was the basis for the forecast in the
Development Charges Background Study, June 2010.
7.8 The total cost projected for 2011 exceeds the estimated building permit revenues
by 16.40%.
Projected Costs $1,687,810
Estimated Revenues $1,450,000
% Difference 16.40%
7.9 In accordance with the provisions of the Building Code Act, the Municipality is
permitted to increase all building permit fees and inspection fees by 16.40%
which equates for a single dwelling to be $10.62 from $9.12 per squared metres.
Please refer to Attachment 2 for the listing of the Current and Proposed Building
Permit Fees and Inspection Fees.
7.10 The revenue stream from the proposed fee increase will cover all of the
anticipated direct and indirect costs to the Municipality as allowed by the Building
Code Act, as well as contribute towards a reserve fund as permitted by
legislation. This reserve fund would be used to maintain services during an
economic downturn.
7.11 The proposed new building permit and inspection fees are comparable to the
surrounding municipalities. Please refer to Attachment 3 for a Comparison of
Clarington's Proposed fee to other Municipalities. As a point of interest,
Clarington has a larger geographical area for our building staff to cover for
inspections compared to the other Lakeshore municipalities in Durham.
Report EGD-011-11 Page 9
8.0 ANNUAL BUILDING PERMIT FEES REPORT
The building code requires that a report be prepared annually showing the total
fees collected in the previous 12 month period. This report must also show a
summary of the indirect and direct cost of delivering the building services and the
amount of reserve fund established for administration and enforcement of the
Building Code. This annual report is sent to Council as information and than
posted on Clarington's website every year.
9.0 CHANGES TO OUR BUILDING BY-LAW
9.1 There have been numerous changes to the Building By-law that effect the
administration and enforcement of the Building Code Act. The following are the
major changes to our Building By-law.
• Equivalent materials have been replaced by alternative solutions.
• Deputy Chief Building Official may be appointed.
• Additional building permit fee for the re-activation of a dormant building
permit.
• Overtime fee when performing our duties outside of regular business
hours.
• Permit surcharge fee is applicable when unauthorized construction has
commenced prior to the application of a building permit and prior to the
issuance of a building permit.
• Occupancy Permits must be issued prior to the house being occupied.
• Additional inspections added outside the required mandatory inspections
noted in the building code, public pools or public spa, completion of
Report EGD-011-11 Page 10
building where occupied under "Occupancy of Unfinished Building" and
completion of the building where an occupancy permit has been granted.
• Allows the Chief Building Official to enter into a Spatial Separation
Agreement.
• Describes the duties of the Fire Prevention Officers when performing
Ontario Building Code Inspections.
10.0 SUMMARY
10.1 Staff recommend the increasing of the building permit fees and inspection fees
by 16.40% to re-align the present building services unit into a self sustaining
financial group and that Council approve the attached new building by-law.
10.2 Should Council decide not to approve the 16.40% increase to the building fees or
delay making a decision or modify the percentage increase to the building fees, it
will place an undue burden on the tax levy as a result of the present shortfall in
the building services unit.
Attachment 1 — New Building by-Law
Attachment 2 — Current & Proposed Building Permit and Inspection Fees
Attachment 3 -- Comparison of Clarington's proposed fee to other Municipalities
Attachment#1 to EGD-011-11
.THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 111
Being a by-law to provide for the administration
and enforcement of the Building Code Act
within the Municipality of Clarington
WHEREAS subsection 3(1)of the Building Code Act, 1992,S.O. 1992,chapter 23, provides that the Council
of The Corporation of the Municipality of Clarington is responsible for the enforcement of the Building Code
Act within the Municipality of Clarington;
WHEREAS subsection 3(2)of the Building Code Act, requires that the Council shall appoint a chief building
official and such inspectors as are necessary for the enforcement of the Building Code Act within the
Municipality of Clarington;
WHEREAS Section 7 of the Building Code Act authorizes the Council of a municipality to pass certain By-
laws prescribing classes of permits, permit application documents, fees, inspections and other related
matters;and
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
HEREBY ENACTS AS FOLLOWS:
TITLE
1. This By-law may be cited as the Building By-law.
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DEFINITIONS
2. (1) In this by-law
(a) "Act"means the Building Code Act, 1992,S.O. 1992, chapter 23, as amended from time
to time,and any successor thereto;
(b) "alternative solution" means a substitute for an 'acceptable solution' as defined by the
'building code.
(c) "as constructed plans"means as constructed plans as defined in the building code;
(d) "applicant"means a person who applies for a permit and includes any person authorized
by an owner to apply for a permit on the owner's behalf;
(e) "architect" means a holder of a license, a certificate of practice, or a temporary license
under the Architect's Act as defined in the building code;
(f) "building"means a building as defined in Subsection 1(1)of the Act;
(g) "building code"means the regulations made under Section 34 of the Act;
(h) "chief building official" means the person appointed by the Council as the chief building
official for the purpose of enforcement of the Act;
(i) "construction value"means the value prescribed by the chief building official to represent
the total value of all work, services and material associated with the construction for
which a permit is applied;
Q) "Council"means the Council of The Corporation of the Municipality of Clarington;
(k) "deficient permit"means a permit where:
(i) an inspection notice or order to comply has been issued by an inspector or,
(ii) where an inspection required under the building code or this By-law has not been
arranged,
and six months or more have elapsed after the date the notice was issued or the
inspection was required,
(1) "deputy chief building official" means the person(s)appointed by Council as deputy chief
building official under the authority of the Legislation Act 2006 S.O.2006, chapter 21,
Schedule F, and listed in Schedule'A'to this By-law, for the purpose of enforcement of
the Act;
(m) "holiday" means days when the offices of the Municipality of Clarington are not open for
transaction of business with the public;
(n) "inspector"means an inspector listed in Schedule A to this By-law;
(o) "Municipality"means The Corporation of the Municipality of Clarington;
(p) "owner" means the registered owner of the land and includes; a lessee, mortgagee in
possession, the person or directors of a corporation acting as the owners authorized
agent and the person in charge of the property, upon which is located, or will be located,
the building or part thereof for which an application for a permit is,or has been made;
(q) "permit"means permission or authorization given,in writing,by the chief building official,
(i) to perform work regulated by the Act or the building code or both,or
(ii) to change the use of a building or part of a building as regulated by the Actor the
building code or both,or
(iii) to occupy a building or a part thereof;
(r) "permit holder" means an owner to whom a permit has been issued, or,where a permit
has been transferred,the new owner to whom the permit has been transferred;
(s) "professional engineer" means a person who holds a licence or a temporary licence
under the Professional Engineer's Act;
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(t) "registered code agency," means a person or an entity that has the qualifications and
meets the requirements set out in the Act.
(2) Any word or term not defined in this by-law shall have the meaning ascribed to it in the Act or
the building code.
APPOINTMENTS
3. Each person whose name is set out in Column 2 of Schedule A to this By-law is hereby appointed to
the position set out beside that person's name in Column 1 thereof.-Also provided are the municipal
titles and provincial Building Code Identification Number(BCIN)for each person appointed.
(1) The appointment of the deputy chief building official is under the authority of the Legislation
Act 2006 S.O.2006 Chapter 21,Schedule F,Section 77.
(2) Deputy chief building official appointed under this By-law shall have all of the powers and
duties of the chief building official under this By-law,and under the Act,and the building code.
CODE OF CONDUCT FOR BUILDING OFFICIALS
4. Each person listed in Schedule A to this By-law shall be governed by the Code of Conduct set out in
Schedule D to this By-law,with respect to exercising powers and performing duties under the Building
Code Act.
CLASSES OF PERMITS
5. Classes of permits with respect to the construction, demolition, building relocation, conditional permit,
change of use, occupancy of buildings and the permit fees therefore, shall be as set out in Schedule
"B"to this By-law.
REQUIREMENTS FOR FILING PERMIT APPLICATIONS
6. (1) To obtain a permit,an applicant shall file a complete application on the form available from the
chief building official,or from the Province of Ontario,together with the applicable requirements
set out in subsections(2)to(8).
(2) All documents and drawings accompanying an application shall be coordinated with each other
and consistent with the description of the proposed work.
Building Permits
(3) Every application for a building permit or permit for a stage of construction (Partial Permit)
under Subsection 8(1)of the Act shall,
(a) identify and describe in detail the work to be done and the existing and proposed use
and occupancy of the building, or part thereof, for which the application for a permit is
made;
(b) be accompanied by the plans (drawn to scale) specifications, documents and other
information prescribed in Section 7 and Schedule C to this By-law;and
(c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this
By-law.
Demolition Permits
(4) Every application,for a demolition permit under Subsection 8(1)of the Act shall,
(a) identify and describe in detail the work to be done and the existing use and occupancy
of the building, or part thereof, for which the application for a permit is made, and the
proposed use and occupancy of that part of the building, if any, that will remain upon
completion of the demolition;
(b) be accompanied by the plans, specifications, documents and other information
prescribed in Section 7 and Schedule C to this By-law;
(c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this
By-law;and
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(d) be accompanied by confirmation that:
i. arrangements have been made with the proper authorities for the safe
and complete disconnection of all existing water, sewer, gas, electric,
telephone and other utilities;and
ii. the owner will comply with the Municipality's property standards By-law at
the completion of demolition.
Conditional Building Permits
(5) Every application for a conditional building permit under Subsection 8(3)of the Act shall,
(a) comply with the requirements set out in subsection 6(3)in this By-law;and
(b) be accompanied by:
(i) a written statement from the applicant explaining why the applicant believes that
unreasonable delays in construction would occur if a conditional building permit
is not issued;
(ii) a written acknowledgement from the applicant of the necessary approvals which
must be obtained in respect of the proposed construction and the time period in
which such approvals shall be obtained by the applicant;and
(iii) a written agreement, in a form provided by the chief building official,executed by
the applicant, the owner and such other necessary persons the chief building
official determines for the purposes set out in subsection 8(3)(c),of the Act.
(6) The chief building official is hereby authorized to execute on behalf of The Corporation of the
Municipality of Clarington the written agreement referred to in sub clause 6(5)(b)(iii) in this By-
law as part of the conditional building permit application.
Change of Use Permits
(7) Every application for a change of use permit under Subsection 10(1)of the Act shall,
(a) identify and describe in detail the existing and proposed use and occupancy of the
building,or part thereof,for which the application for a permit is made;
(b) be accompanied by 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 building code, including, but not limited to:floor plans and
details of wall,ceiling and roof assemblies identifying existing fire resistance ratings and
load bearing capacities;
(c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this
By-law;and
(d) be accompanied by the completed documents prescribed in Schedule C to this By-Law.
Occupancy Permits for Unfinished Buildings
(8) Every application for authorization to occupy an unfinished building under Division C, Part 1
Subsection 1.3.3 of the Ontario Building Code shall,
(a) identify and describe in detail the occupancy, the date of such occupancy, and the
building or part thereof for which the application for a permit is made;
(b) be accompanied by plans which show the areas of the proposed occupancy;and
(c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this
By-law.
Permit for a Stage of Construction(Partial Permit)
(9) (a) when, in order to expedite work, approval of a portion of the building or project is
requested prior to the issuance of a permit for the complete building or project,
application shall be made and fees paid for the complete building or project. Complete
plans and specifications covering the portion of the work for which immediate approval is
requested shall be filed with the chief building official.
(b) the fee shall be calculated in accordance with Schedule'B'to this By-law.
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REQUIREMENTS FOR PLANS AND SPECIFICATIONS
7. (1) Every applicant shall submit sufficient plans,specifications,documents and other information to
enable the chief building official to determine whether the proposed building, construction,
demolition or change of use will contravene the Act, the building code or any other applicable
law.
(2) The chief building official shall determine the plans, specifications, documents and other
information required to be submitted with an application in order to deem it complete according
to Division C, Part 1 Section 1.3 of the building code having regard for:
(a) the scope of the proposed work;
(b) the requirements of the building code,the Act and other applicable law;and
(c) the requirements of this Section and Schedule C to this By-law.
(3) Plans, specifications, documents and other information shall be submitted in a permanent
medium upon paper or other suitable and durable material and shall contain text that is legible
and drawings that are legible,complete,fully dimensioned and to scale.
(4) Site plans submitted by an applicant shall;
(a) be certified by the Planning Department of the Municipality of Clarington as being in
conformity with By-laws passed under Section 34 and 41 of the Planning Act;and
(b) be referenced to a current plan of survey prepared and certified by an Ontario Land
Surveyor, and a copy of the survey shall accompany the site plan submission, except
where the chief building official waives the requirement to do so.
(5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or
townhouse dwelling, the chief building official may require submission of a survey prepared by
an Ontario Land Surveyor indicating the location of the building to all property lines and
elevations of the bottom and top of the foundation wall, including the garage cut, prior to a
framing inspection being undertaken.
(6) On the completion of the construction of a building, or part of a building, the chief building
official may require submission of a set of plans of the building or part of a building, as
constructed,together with a plan of survey prepared and certified by an Ontario Land Surveyor
showing the location of the building.
AUTHORIZATION OF ALTERNATIVE SOLUTIONS
8. (1) Where an alternative solution for an equivalent material, system or building design is proposed
in either an application for a permit, or in a material change to a plan, specification, document
or other information on the basis of which a permit is issued,the applicant shall submit:
(a) a completed"Alternative Solution Application Form";
(b) a description of the proposed location(s)where the alternative solution is proposed to be
installed;
(c) a description of the proposed material, system or building design for which authorization
is sought;
(d) a description of all applicable provisions of the building code in contravention;
(e) supporting documentation demonstrating that the proposed material, system or building
design will provide the level of performance required by the building code;and
(f) payment of the required fee as set out in Schedule B to this By-law.
(2) The chief building official or registered code agency may accept or reject any proposed
alternative solutions and/or may impose conditions or limitation on their use.
(3) Alternative solutions which are accepted under this Section shall be applicable only to the
location described in the application,and are not transferable to any other building permit.
INCOMPLETE PERMIT APPLICATIONS
9. (1) An application shall be deemed not to be complete according to Division C Part 1 Sentence
1.3.1.3(5)of the building code where any of the applicable requirements of Section 6 to this By-
law have not been complied with.
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(2) Except as provided in 9(3), an application deemed to be incomplete shall not be accepted by
the chief building official
(3) The chief building official may accept an incomplete application where the applicant
acknowledges, in writing, that the application is incomplete and waives the time period
prescribed in the building code within which a permit must be issued or refused.
(4) Where an applicant declares that an application is complete in all respects and complies with
the Act, the building code and applicable law, the chief building official shall issue or refuse to
issue a permit within the time period prescribed in the building code.
(5) Where an applicant declares that an application is complete in all respects, but the application
is determined to be incomplete or does not comply with the Act,the building code or applicable
law, an additional fee as prescribed in Schedule B may be applied to the re-examination of
documents required to be submitted by an applicant.
ABANDONED PERMIT APPLICATIONS
10. (1) An application for a permit shall be deemed to have been abandoned by the applicant where,
(a) the application is incomplete according to Section 9 in this by-law and remains
incomplete six months after it was submitted;
(b) six months have elapsed after the applicant was notified that the proposed building,
construction, demolition or change of use will not comply with the Act or the building
code or will contravene any other applicable law;or
(c) the application is substantially complete, and six months have elapsed from the date
upon which the applicant was notified that a permit was available to be issued.
(2) Where an application is deemed abandoned, all submitted plans, specifications and
documents shall be disposed of, or upon written request from the applicant, returned to the
applicant.
(3) Where a permit holder wishes to re-activate a dormant building permit file, the permit holder
shall pay the fee set out in Schedule'B'to this By-law.
REVISION TO PERMITS
11. Should a permit holder wish to make any material change to any plan, specification, document or
other information on the basis of which the permit was issued, the permit holder shall file an
application for a revision to the permit which describes the material changes,and shall pay the fee set
out in Schedule B to this By-Law.
TRANSFER OF PERMITS
12. (1) If the owner of the land changes after a permit has been applied for or issued, the permit may
be transferred to the new owner(the"transferee") of the lands where an application is filed to
the Municipality in writing,in accordance with this section.
(2) Every application for the transfer of permit shall,
a) include a written statement from the current permit holder authorizing the transfer of the
permit to the transferee;
b) include proof of ownership of the lands by the transferee satisfactory to the chief building
official;
c) confirm that the work to be done and the existing and proposed use and occupancy of
the building or part thereof, for which the application for the transfer of the permit is
made, is the same as that identified and described on the application of the permit;
d) state the name,address,telephone number of the proposed transferee;
e) state the name, address, telephone number and facsimile number of the proposed
architect and/or professional engineer, and their building code qualifications,where they
are different from those identified in the application for the permit, and a written
confirmation from the architect and/or professional engineer(s), that they have been
retained to undertake general review of the construction or demolition where required
under the building code;
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f) include,where the proposed transferee is a builder as defined in the Ontario New Home
Warranties Plan Act, or any successor thereto, the proposed transferee's registration
number thereunder;
g) be signed by the proposed transferee who shall certify as to the truth of the contents of
the application;and
(h) payment of the required fee as set out in Schedule B of this by-law.
(3) Upon the issuance of transfer of a permit to the transferee, the transferee shall be deemed to
be the permit holder and the original permit holder shall have no further rights or obligations
under the permit, save and except for any obligations set out in any agreements entered into
for the purposes of subsection 8(3)(c)of the Act.
REVOCATION OF PERMITS
13. (1) Prior to revoking a permit, the chief building official shall give written notice of an intention to
revoke the permit to the permit holder at the permit holder's address shown on the application
or to such other address as the permit holder has provided to the Municipality for that purpose.
(2) Following issuance of the notice described in Subsection 13(1)of this By-law above,the permit
may be revoked immediately or after a period prescribed by the chief building official, and all
submitted plans, specifications, documents and other information may be disposed of or, upon
written request from the permit holder,returned to the permit holder.
(3) Notice under Subsection 13(1) of this By-law shall be given either personally or by registered
mail, and where notice is by registered mail, it shall be deemed to have been given on the fifth
day after the day of mailing to the address specified in Subsection 13(1), whether actually
received or not.
FEES AND REFUNDS OF FEES
14. (1) A fee is to be paid with every permit application, calculated in accordance with Schedule B to
this By-law and the fee shall be due and payable, in full, upon the submission of the application
for a permit. The requirements for fees shall not apply to buildings constructed by or for the
Corporation for the Municipality of Clarington and Lakeridge Health Bowmanville.
(2) The minimum fee payable on any application shall be as indicated in Item 1, Part "A" in
Schedule'B'.
(3) Where the calculation in accordance with the provisions of Schedule B to this By-law of the
amount of a fee to be paid as part of a permit application is based upon the building category,
floor area and/or value of the proposed construction. The chief building official, or a person
designated by the chief building official to do so, shall determine the appropriate building
category,floor area and/or value,and that determination shall be final.
(4) Where an application for a permit is subject to additional user fees prescribed by the
Municipality,the fees so prescribed shall be paid in addition to the fees set out in Schedule B to
this By-law.
(5) Fees shall be increased by three percent each year effective on the first day of January of each
year. Flat rate fees shall be•rounded to the nearest dollar amount and increments of half dollar
and greater shall be rounded up. All other fees shall be rounded to the nearest cent.
Re-examination Fee and Alternative Solution Fee
(6) (a) where an applicant substantially revises proposed materials, systems or a building design
after examination of a previous submission has already been undertaken, a re-
examination fee shall apply as set out in Schedule B to this By-law.
(b) where an applicant submits an alternative solution to a material, system or design, an
examination fee shall apply as set out in Schedule`B'to this By-law.
Additional Inspection Fees
(7) An additional inspection fee as set out in Schedule B to this By-law shall apply and shall be
paid prior to each inspection being undertaken on any building,where:
a) any of the prescribed notice requirements under the building code or the additional
notices required under this By-law have not been complied with by a permit holder;
b) more than two inspections are required due to construction being incomplete or not in
compliance with the building code;
7
c) a building is occupied before the notice required under Section 11 of the Act was given .
to the chief building official;
d) an inspection is requested to confirm that outstanding items have been completed or
corrected in respect of a deficient permit;
e) an inspection of the backflow device on a fire main is requested;or
fj an inspection for a liquor licence approval where there is no permit.
Overtime Fee
(8) Where a request is made in writing for work outside of regular business hours,the overtime fee
shall be calculated and paid in accordance with Schedule'B'to this By-law.
Permit Surcharge
(9) A building permit surcharge,in addition to the regular calculated fee,shall be charged in
accordance with Schedule'B'to this By-law,where construction has commenced without a
building permit and an Order is issued.
Occupancy Permit
(10) The occupancy permit fee for a dwelling is included in the building permit fee,with the
exception of Item 6,Schedule B-Part A.
Fee Refunds
(11) If requested,in writing, by an applicant or permit holder,where,
(a) an applicant withdraws, in writing,an application for a permit; -
(b) an application is deemed to have been abandoned in accordance with Section 10 of this
By-law;
(c) the chief building official refuses to issue a permit for which an application has been
made;or
(d) the chief building official revokes a permit after it has been issued, the chief building
official shall calculate the portion of any fee paid that may be refunded and authorize the
payment thereof, based upon the functions undertaken by the Municipality, in
accordance with 14(12)to 14(18)below.
(12) Eighty-five per cent (85%) of the permit fee paid in accordance with Schedule B shall be
refunded if only application administrative functions have been performed.
(13) Fifty per cent(50%)of the permit fee'paid in accordance with Schedule B shall be refunded if
the following have been performed,
(a) the functions described in 14(12)above,
(b) all or part of technical plan review functions,and
(c) the permit has not been issued.
(14) Twenty-five per cent(25%)of the fee paid in accordance with Schedule B shall be refunded if
the permit has been issued.
(15) Notwithstanding 14(11) to 14(14) above, no refund of any portion of the permit fee paid in
accordance with Schedule B shall be made if any construction or demolition has commenced.
(16) No refund shall be payable where the amount calculated in accordance with this section is
less than$50.00.
(17) Any amount authorized by the chief building official to be refunded shall be paid to the person
named on the fee receipt issued by the Municipality upon original payment of the fee, unless
that person directs,in writing,that it be refunded to another person.
(18) No refund shall be payable in the case of abandonment of a project or the revocation of a
permit.
8
REGISTERED CODE AGENCIES
15. The chief building official is authorized to enter into service agreements with registered code agencies
and appoint them to perform one or more of the specified functions described in Section 15.15 of the
Act.
FENCES AT CONSTRUCTION AND DEMOLITION SITES
16. (1) Where, in the opinion of the chief building official or inspector, a construction or demolition site
presents a hazard to the public,the chief building official or inspector may require the owner to
erect such fences as the chief building official or inspector deems appropriate to the
circumstances.
(2) In considering the hazard presented by the construction or demolition site, the necessity for
fences and the height and characteristics of such fences,the chief building official or inspector
shall have regard for,
(a) the proximity of the building site to other buildings;
(b) the proximity of the construction or demolition site to lands accessible to the public;
(c) the hazards presented by the construction or demolition activities and materials;
(d) the feasibility and effectiveness of site fences;and,
(e) the duration of the hazard.
(3) Every fence required by this section shall:
(a) be erected so as to fully enclose all areas of the site which present a hazard;
(b) create a continuous barrier and be sufficient to deter unauthorized entry;
(c) have a height not less that 1.2 metres above grade at any point,unless the chief building
official or inspector determines that a greater minimum height is necessary;
(d) if constructed of plastic mesh, snow fencing or other similar materials, be securely
fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to
horizontal members or a minimum 11 gauge cable at the top and bottom;and
(e) be maintained in a vertical plane and in good repair.
MANDATORY INSPECTION NOTICES
17. (1) The permit holder shall also give notice to the chief building official or registered code agency
of the following stages of construction in addition to the mandatory notices prescribed by the
building code;
(a) commencement of construction of:
(i) masonry fireplaces and masonry chimneys,
(ii) factory-built fireplaces and allied chimneys,
(iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied
chimneys,
(b) substantial completion of interior finishes;and/or
(c) substantial completion of heating, ventilating, air-conditioning and air-contaminant
extraction equipment;
(d) substantial completion of the pool deck and dressing rooms for a public pool or public
spa and readiness for inspection of the emergency stop system for a public pool or
public spa;
(e) completion and availability of drawings of the building as constructed,and
(f) completion of a building for which an occupancy permit is required under Division C Part
1 Article 1.3.3.4.
(2) A notice required to be given by a permit holder to the chief building official or registered code
agency pursuant to Division C Part 1 Subsection 1.3.5 of the building code shall be given to the
chief building official or registered code agency in accordance with Section 11 of the Act..
9
(3) For the purpose of 17(2) above, the term "day" means any Monday, Tuesday, Wednesday,
Thursday or Friday other than a holiday as defined in Subsection 2(1)(m)of this By-law.
(4) A notice given to the chief building official pursuant to Division C Part 1 Subsection 1.3.5 of the
building code may be given orally or in writing to either the chief building official,an inspector or
registered code agency and if given to an inspector in accordance with this Section, shall be
deemed to have been given to the chief building official.
(5) A notice given to the chief building official or registered code agency pursuant to Division C
Part 1 Subsection 1.3.5.of the building code and this Section shall not be effective until actually
received by the chief building official,inspector or registered code agency as the case may be.
SPATIAL SEPARATION AGREEMENTS
18. The chief building official is authorized to enter into spatial separation agreements, as set out in
Division B Part 9, Sentences 9.10.15.2.(4) and (5) and Part 3 Sentences 3.2.3.1.(8) and (9) of the
building code, on behalf of the municipality and the owners of the properties on which the limiting
distance is measured.
OFFENCES AND PENALTIES
19. Any person who contravenes any portion of this By-law is guilty of an offence and upon conviction is
liable to a fine as provided for in Section 36 of the'Act.
SEVERABILITY
20. Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid it
shall not affect the validity of this By-law as a whole or any other part thereof,other than the provision
declared to be invalid.
INTERPRETATION AND IMPLEMENTATION
21. Schedules A, B,C and D attached shall form part of this By-law.
22. By-law 2005-145, By-law 2005-214, By-law 2006-067, By-law 2006-173, By-law 2006-200, By-law
2007-116, By-law 2008-024 and By-law 2008-186 are hereby repealed.
23. This By-law comes into force and is effective on April 4,2011.
BY-LAW read a first,second and third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti Barrie,Clerk
10
SCHEDULE A
APPOINTMENTS
Under the authority of the Building Code Act, S.O. 1992, Chapter 23,
and the Interpretation Act, R.S.O. 1990, Chapter 1.11
The following people, listed in Column 2 of Table A, below, are appointed by Council, under
the authority of the Building Code Act, in the positions listed in Column 1.
Table A
Column f Column 2 Column 3 Column 4
Item Provincial Name Municipal Title Provincial
Appointrn ent BCIN
1 Chief Building Richard A Pigeon Chief Building Official 10099
Official
Deputy Chief
2'
Building Official Vacant
The following people, listed in Column 2 of Table B,are appointed as Inspectors by Council,
under the authority of the Building Code Act, for the enforcement of the Building Code Act
as described in Table D,Column A.
Table B
Column 1 Column 2 Column 3 Column 4
Item Provincial Name Municipal Title Provincial
A ointment BCIN
3, Inspector Dennis George Building Inspector 20869
4. Inspector Llo d Cullen Plumbing Inspector 20955
5. Inspector Kimberley Laing Building Inspector/Plans Exam 19687
6. Inspector Jeremy Zegers Building Inspector/Plans'Exam 28145
7. Inspector John Tresise Plumbing Inspector 34134
8. Inspector Adam D Carter Mechanical Inspector 32677
9. Inspector David A Abramczuk Building Inspector 36111
10. Inspector George Semenenko Building Inspector 19686
The following people, listed in Column 2 of Table C,are appointed as Inspectors by Council,
under the authority of the Building Code Act, for plans review and inspection as described
in Table D,Column B.
Table C
Column 1 Column 2 Column 3 Column 4
Provincial Provincial
Item Appointment Name Municipal Title BCIN
11. Inspector Randy Reinert Fire Prevention Officer 20139
12. Inspector William Reid Fire Prevention Inspector 20958
13. Inspector Jacquie Hill-Bower Fire Prevention Inspector 20957
11
SCHEDULE A
APPOINTMENTS
Table D
Column A Column B
Inspectors listed in Schedule`A',Table B Inspectors listed in Schedule'A',Table C
are appointed for the enforcement of the are appointed for plans review and
Building Code Act in the roles and inspection in the role and jurisdiction
jurisdictions identified in the categories of identified in the category of qualification for
qualification pursuant to Division C, Part 3, Fire Protection pursuant to Division C, Part
Section 3.1 of the Ontario Building Code. 3 Section 3.1 of the Ontario Building Code,
specifically for:
Fire alarm and detection systems,
Standpipe and hose systems,
Fire suppression systems(including
sprinkler systems), excluding single family
dwellings and townhouses(if each
townhouse has a separate sprinkler
system)if legislation requires that all
residential buildings be fully sprinklered.
Voice communication systems,
Fire fighter's elevators,
Emergency electrical power supply
(including related emergency and exit
lighting),
Access for fire fighters,
Fire access routes,
Fire hydrants,
Fire extinguishers
Exterior tanks, and
Hazardous substances.
Inspectors listed in Schedule`A', Table C, shall report deficiencies to the Chief Building Official or a
Deputy Chief Building Official for determination of issuance of orders and compliance.
12
SCHEDULE B—PART A
CLASSES OF PERMITS AND FEES PAYABLE
Item Class of Permit Reference Fee Payable
1. Building Permit 6(3) See Schedule B-Part B
$83 flat rate for all single detached dwellings
2. Demolition Permit 6(4) and residential accessory buildings
$0.21 per meters squared for all other
buildings
Normal fee for proposed construction plus an
additional 10%of that fee. A minimum
3. Conditional Building Permit 6(5) additional fee of$163 and a maximum
additional fee of$815 shall apply to
conditional permits.
Permit for Stage of With respect to phased projects,in addition to
4. Construction(Partial Permit) 6(9) the fee for the complete building,an
additional fee of$244 for each phase.
5. Change of Use Permit 6(7) $81 for each 100 sq.m.of floor area or part
thereof
Occupancy Permit for
6 Unfinished Building(Division 6(8) $164 flat fee
C Part 1 Subsection 1.3.3.1
of OBC
OTHER PERMIT FEES
Column 1 Column 2 Column 3
Item Fee Type By-law Fee Payable
Reference
$109/hour, in addition to applicable type of
1 Alternative Solution Examination B building permit fee
Fee (minimum 1 hour for house or 4 hours for
other building)
2 Resubmission of application 9(5) 25%of application fee
found to be incomplete
3. Revision to permit 11 $109/hour(minimum 1 hour for house or 4
hours for other building)
4. Transfer of permit 12 $123 flat fee
5 Re-examination 14(6) $492 plus the fee prescribed in Part B as a
-Change in house model result of any additional area
Re-examination 10%of applicable permit fee to a maximum of
6' -other than 5 14(6) $1000
7. Additional Inspection 14(7)(e) $123 flat fee
8. Overtime Fee 14(8) $123 per hour,minimum 3 hours
Surcharge applies after an Order is issued for
building without a permit shall be the greater
of:
a) Surcharge of 25%of permit fee when
9. Permit Surcharge 14(9) construction has begun and a building
permit application has been received,and
b)Surcharge of 50%of permit fee when
construction has begun and no building
permit application has been received.
10. Dormant Building Permit File 10.3 $165
Reactivation fee
13
SCHEDULE B
FEES PAYABLE FOR BUILDING PERMITS
Item Building Type Fee Payable
Service Index(SI)
$/s q.m unless otherwise indicated
1. Assembly Occupancies(Group A)
All Recreational Facilities,Schools, Libraries, $19.45
Places of Worship,Restaurants(Finished),
Theatres,Arenas/Gymnasiums/Pools.
Restaurants(Shell) $15.75
Open Public Swimming Pools $ 5.26
Transit Stations,Subways, Bus Terminals $14.58
All other Group A Buildings $19.45
2. Institutional Occupancies(Group B)
Institutional,Hospitals, Nursing Homes $21.22
And other Group B Buildings
3. Residential Occupancies(Group C)
Single Family Dwellings,Semis,Townhouses, $10.62
Duplexes,Live/Work Units
All other multiple unit buildings and other $11.31
residential occupancies
Motels above two stories and Hotels $16.19
4. Business and Personal Service
Occupancies(Group D)
Office Buildings(Shell),all other Group D $12.91
Buildings(Shell)
Office Buildings(Finished), Banks,Medical $16.10
Clinics,Fire Halls and all other Group D
Buildings Finished
5. Mercantile Occupancies(Group E)
Mercantile Occupancies,Retail Stores(Shell) $10.43
Retail Stores,(Finished), Department Stores, $13.79
Supermarkets
And All Other Group E Buildings Finished $13.79
6. Industrial Occupancies(Group F)
Industrial Buildings(Shell) $8.14
Industrial Buildings(Partitioned Area) $11.31
Gas stations,Car Washes, $10.25
Parking Garages(U/G,Open Air) $ 4.95
Open Mezzanine Construction $ 4.92
7. Interior alterations(Partitions,Finishings,
etc.)
Group A, B and D $3.70
Group C,E and F $3.28
Apartment In House $4.00
8. Designated Structures
Communication Tower or Transmission Towers $395 flat fee
On Building
Crane Runway $395 flat fee
Exterior Tank and Support $164 flat fee
Pedestrian Bridge $164 flat fee
Retaining Wall $8 per I.m.
Satellite Dish $99 flat fee
Solar Collector for single dwelling unit $99 flat fee
Solar Collector for all other occupancies $99 per 10 panels(max$5000)
Wind turbine See Item 11 Schedule B-Part B
9. Stand Alone&Miscellaneous Work
a)Permanent Tent,Air Supported Structures $8.50
b)Balcony Guards(Replacements) $2.58 per I.m.
c)Unfinished Basement (to accommodate a $4.92
building moved from elsewhere)
d)Repair or Re-Cladding of wall(per wall area) $0.31
e)Canopy w/o enclosure $4.11
f)Ceilings(Added or Replacement) $0.52
g)Demising walls(no other construction) $3.89 per I.m.
h)Electromagnetic Locks $59 per lock(max$425)
i)Emergency lighting $57 per storey
j)Farm Buildings $2.64
k)Fire alarms/Fire Code Retrofit $164 flat fee
1)Fire doors retrofit $33 per door
m)Fireplaces,Wood Stoves $81 each
n)Sprinkler systems-new or alteration $0.49
o)Repairs to parking garage $2.12
p)Portable Classrooms $328 flat fee
i)Portapack $13.79
q)Residential Decks, Porches, Balconies, $99 flat fee
Carports
14
SCHEDULE B
FEES PAYABLE FOR BUILDING PERMITS
r)Residental Detach or Attached Garages or $3.53
Accessory Structure
s)Temporary Structures
i) Tent $99 up to 2 tents
ii) Trailers and Temporary Buildings $164 flat fee
iii) Sales Pavilions(Construction On Site) $9.02
t)Underpinning $7.79 per I.m.
u)Shoring $7.79 per I.m.
u)Window or door Replacements(excluding $3.95 per window
house)
v Sin 3.15 of OBC only) $164 flat fee
10. Stand Alone Mechanical Work (HVAC and
Plumbing)
1)Permit for Heating, Ventilating and A/C
(HVAC)
a)SDD Type Residential Buildings(HVAC)
i)Single Detached Dwelling,Semi- $197 flat fee
Detached,Duplexs&Townhouses
(with or without A/C)
b)All Other Group C—Residential Buildings
(HVAC)
i)Apartments, Hotels,etc. $0.71
c)Group E&F—Retail/Industrial(HVAC)
i)Small(up to 2500 sq.ft.) $197 flat fee
ii)All others(>2500 sq.ft.) $0.88
d)Group A, B and D(HVAC)
i)Assembly,Institutions,Restaurants and $1.23
Office Buildings
e)Minor Alterations—All Buildings
i)Ductwork only or A/C unit addition $115 flat fee
ii)Add on systems,Space Heater, Make- $164 flat fee
Up Air Unit, Exhaust Fan
f)Special Ventilation Systems
i)Commercial Kitchen Exhaust,Spray $197 flat fee
Booth,Dust Collector,etc.
g)Furnace Replacement
i)SDD Type Residential, Buildings $115 flat fee
h)Geothermal system or earth energy system $99 flat fee
2)Permit for Plumbing and Drains
a)Single Family Dwellings $14 per fixture
b)Groups A,C, E and F $17 per fixture
c)Group B and D $17 per fixture
d)Backflow Preventor $33 each
e)Manhole,Catch basin, Interceptor,Sump, $23 each
etc.
3)Piping
a)Single Family Detached or Attached
Dwellings
i)Water Services,Sanitary and Storm $99 flat fee
buried piping
ii)Repairs, Replacement and Additions of $99 flat fee
buried Plumbing and drainage piping,
pooling drains
b)All Other Buildings
i)Inside Sanitary and Storm Piping $1.61 per I.m.
ii)Outside Water Services,Sanitary and $2.69 per I.m.
Storm Piping
11. Alterations,buildings and structures $13.97 for each$1,000 of construction value or
not provided for in Items 1 to 10 part thereof.
For the proper interpretation and application of this Schedule,see the following notes.
15
SCHEDULE B
FEES PAYABLE FOR BUILDING PERMITS
Notes:
The following guidelines for calculating floor areas and fees apply to the specific building types and
construction indicated. The occupancy classifications used in this by-law shall be based on the Ontario
building code major occupancy classifications. For mixed occupancy floor areas, the service index for the
area of each occupancy shall apply.
Calculation of Permit Fees
Permit fees shall be calculated based on the formula given below,unless otherwise specified in the
schedule: Permit Fee=SI x A
where SI=Service Index for Classification of the work proposed,and
A=floor area in sq.m.of the work involved
1 Floor Area Calculation
Floor area shall:
a) be calculated by measuring to the outer face of exterior walls and to the centre of party walls or
demising walls,except when calculating interior partition work,
b) where there are no exterior walls, be calculated by measuring to the perimeter of the building and/or
structure,ie(post or column),
c) include all habitable areas, including mezzanines,finished attics and enclosed balconies,
d) include a roof area with an occupancy,
e) include interior partitioning,corridors, lobbies,washrooms,service rooms,etc.,
D include floor openings for stairs,escalators,elevators,shafts,ducts,etc.
g) not include the area of the floor opening found above the lowest floor level in an interconnected floor
space or atrium.
h) not include the area of an unfinished basement of a house.
i) be calculated by measuring the area affected or serviced by the heating, ventilation and air-
conditioning(HVAC)system,the sprinkler system and the fire alarm system.
2. `Shell'Building Definition
A shell building is defined as consisting of the structural foundation and framing system and the exterior
envelope and does not contain building services such as: heating, ventilation and air-conditioning
(HVAC)system,sprinkler system,plumbing facilities,etc.
3. Interior Renovations/Alterations
For houses the floor area used for the calculation of permit fees for interior renovations/alterations shall
be the actual area of the floor being renovated and/or altered. For all other occupancies the area for
calculation purposes shall be the greater of the actual area of the floor being renovated and/or altered or
50 sq. m.
4. Occupancy Classifications and Fees
(a) The occupancy classifications used in this by-law shall be based on the building code major
occupancy classifications.
(b) For floor areas with mixed occupancies,the fee shall be calculated based on each major occupancy
within the building.
5. Minimum Fee
A minimum fee of$81 shall be charged unless the fee is a larger amount as otherwise stated in this By-
law.
6. Model House Fee
Where the floor area of a new model house is less than the original model.house floor area, no fee
refund is payable.
7. Permit Fees Not listed in Fee Table
For building permit types not listed,the permit fee shall be calculated on the basis of$13.97 per$1,000
of construction value.
(a) 'construction value", as used in Item 11 of Schedule B— Part B, means the value of the proposed
construction as determined by the chief building official, whose determination of that value shall be
final.
16
SCHEDULE B
FEES PAYABLE FOR BUILDING PERMITS
(b) no additional fee shall apply for plumbing and drains, sprinklers, fire alarms, electromagnetic locks,
or other mechanical systems or equipment proposed and installed at the same time as the
construction they serve.
(c) site services are included in the fee noted in Schedule"B"provided it is serving one building only and
is installed at the same time as the building it serves.
17
SCHEDULE C—PART A
DOCUMENTS&DRAWINGS REQUIRED FOR PERMIT APPLICATIONS
Row Class of Permit Documents and Drawings Required
1(a) Building Permit Documents
a Confirmation of compliance with applicable law
Residential(Part 9) b Acknowledgement of incomplete application
Detached houses c Mechanical Ventilation Design Summary
Semi-detached houses d Regional Municipality of Durham Building Permit for
Triplexes Sewage System
Fourplexes a Regional Municipality of Durham Residential
Townhouses Development Charges Information Form
f TARION Registration Form
g Regional Connection Application for Water/Sewer
Drawings .
a Approved Site Plan
b Approved Grading Plan
c Architectural Drawings
d Structural Drawings
e HVAC Drawings
f Plumbing Drawings(Note 4)
g Grading Plan and Occupancy Deposit
1(b) Building Permit Documents
a Confirmation of compliance with applicable law
Residential as in 1(a) b Acknowledgement of incomplete application
Alterations c Regional Municipality of Durham Building Permit for
Additions Sewage System
Accessory Buildings
Drawings
a Approved Site Plan
b Approved Grading Plan(Note 3)
C Architectural Drawings
d Structural Drawings
e HVAC Drawings
f Plumbing Drawings(Note 4)
g Grading Plan and Occupancy Deposit
2(a) Building Permit Documents
a Confirmation of compliance with applicable law
Non-residential and other residential b Acknowledgement of incomplete application
not provided for in row 1(a)or 1(b)' c Commitment to General Reviews by Architect&
New Buildings Engineers
Additions d Ontario Building Code Data Matrix
e Land and Building Use Declaration
f Flow Control Roof Drainage Declaration
g Confirmation of Energy Efficient Design
h Regional Municipality of Durham Commercial
Development Charges Information form
i Regional Connection Application for Water/Sewer
Drawings
a Approved Site Plan
b Approved Grading Plan
C Architectural Drawings
d Structural Drawings
e HVAC Drawings
f Plumbing Drawings
g Electrical Drawings
h Fire Protection Drawings
i Geotechnical Report
i Specifications
2(b). Building Permit Documents
a Confirmation of compliance with applicable law
Non-residential and other residential b Acknowledgement of incomplete application
as in 2(a) c Commitment to General Reviews by Architect&
Alterations Engineers
Renovations d Ontario Building Code Data Matrix
Tenant Occupancies e Confirmation of Energy Efficient Design
Drawings
a Location Plan
b Architectural Drawings
C Structural Drawings
d HVAC Drawings
e Plumbing Drawings
f Electrical Drawings
g Fire Protection Drawings
18
SCHEDULE C—PART A
DOCUMENTS&DRAWINGS REQUIRED FOR PERMIT APPLICATIONS
Row Class of Permit Documents and Drawings Required
3. Change of Use Permit Documents
a Confirmation of compliance with applicable law
b Acknowledgement of incomplete application
Drawings
a Location Plan
b Architectural Drawings
4. Building Permits Documents
- Other than rows 1 to 3 a Confirmation of compliance with applicable law
b Acknowledgement of incomplete application
C Documents from rows 1 to 3,or other documents
which are applicable to the scope of work proposed
Drawings
a Drawings from rows 1 to 3 which are applicable to
the scope of work proposed
5. Demolition Permit Documents
a Confirmation of compliance with applicable law
b Acknowledgement of incomplete application
C Commitment to General Review by Engineer
d Demolition Agreement—Property Standards
e Demolition sign off sheets
f Structural Drawings as required
s General review demolition commitment certificate
Drawings
a Location Plan
b Site Plan
Notes:
1. The documents described in this schedule are available from the chief building official.
2. A description of the information required on drawings is contained in Part B of this schedule.
3. The chief building official may waive the requirements for any specified documents or drawings where
the scope of the work,applicable law or building code requirements does not necessitate its
submission.
4. Plumbing drawings are waived for plumbers licensed by the Municipality of Clarington in rows 1(a)and
1(b).
19
SCHEDULE C—PART B
INFORMATION REQUIRED ON DRAWINGS
Item Drawing Type Information Required Class of Permit-PartA Row No.
1a 1b 2a 2b 3 4
1. Site Plan a Legal description,survey property lines, .
property dimensions,compass orientation, X X X X
location and name of adjacent roads
b Outline of all existing and proposed buildings
and structures, building dimensions and their X X X X
distance to property lines
C Dimensions and location of parking and
vehicle access and fire routes X X
d Dimensions and location of barrier-free
parking,curb cuts,path of travel to building X X
and building access
2. Grading Plan a Signature and seal of professional engineer,
b Property lines,easements sidewalks, X X X X
driveways, building location,curb cuts,
retaining walls X X X X
C Existing and proposed elevations within the
site and at property lines,retaining wall
elevation,slopes of driveways,drainage flow X X X X
and swales
d Location of catch basins,above and below
ground utilities,and connections to services X X
3. Architectural a Existing plans showing construction and room
and space identification of all floors in the area X X X X X
of proposed work or occupancy
b Plans of all floors including basements
complete with all rooms and room names X X X X X X
C Roof plan showing roof slope,drainage,roof
and roofing construction details X X X X X
d Building elevations showing grade,floor and
ceiling heights,overall building height,exterior X X X X X
finish materials,window heights and sizes and
spatial separation requirements
e Construction details including proposed wall
section from footing to roof,specifications of all
wall,floor and roof assemblies and all building X X X X X
materials and construction specifications
f Stairs,guards and handrail dimensions and X X X X X
details,window sizes and height above floor
level;location and fuel type of all fireplaces
g Mezzanine plan showing construction, X X X
guardrails,egress
h Location and details of barrier free entrances
and barrier free washrooms X X X
i Reflected ceiling plans, bulkhead details,
horizontal service shaft details X X X
j Roof equipment screening,anchorage for
window washing,roof access X X
k Building cross sections showing grade,floor
and ceiling heights,horizontal and vertical fire X X X X X
separations
i Enlarged sections and detail plans of X X X
washrooms and exit stairs
m Wall sections,plan and section construction
details X X X
n Exit stair enclosure,wall construction details,
fire separations and listed design numbers, X X X
door numbers referenced to a door schedule
o Door and hardware schedule,door and frame X X X
details,window schedule, room finish schedule
20
SCHEDULE C—PART B
INFORMATION REQUIRED ON DRAWINGS
Item Drawing Type Information Required Class of Permit-Part A Row No.
1a 1b 2a 2b 3 1 4
4. Structural a Foundation plans,floor and roof framing
plans,footing,column and beam schedules, X X X X X
structural details and material specifications
b Design specifications, live and dead loading,
wind and snow loading,earthquake loading, X X X
geotechnical report design basis
C Structural drawings sealed by a professional
engineer for all structural elements not within X X X X
the scope of Part 9 of the building code
d Roof and floor truss drawings sealed by a
professional engineer X X X X
5. HVAC a .Heating,ventilating and air conditioning
plans,service shafts,equipment layout and X X X X X
schedules
b Heat loss and gain calculations,ventilation X X X
design summary
C Fire damper locations,kitchen exhaust
equipment X X X X
6. Plumbing a Plumbing and drainage plans;location and
sizing of under and above ground storm, X X X X X
sanitary and water supply piping and
appurtenances
b Location of fire stopping;specifications of x X X
plumbing and firestopping materials
7. Electrical a Electrical supply and distribution plans;
location of power and lighting outlets;
equipment schedules;transformer locations X X X
b Location and specification of emergency
lighting,emergency generators and exit
signage X X X
8. Fire Protection a Fire hydrant locations,sprinkler and
standpipe distribution plans and schedules; X X X
sprinkler head layout;fire hose cabinet
locations
b Location and specification of emergency X X X
lighting,emergency generators and exit
signage;fire alarm system annunciator,
diagrams and specifications
C Location of smoke alarms and carbon X X X X X
monoxide detectors
Notes
1. Where indicated by an X,the information described is required to be included on the drawings for the
class of permit specified.
2. Required information may be located or consolidated on other drawings rather than as specified in this
schedule.
3. The chief building official may waive the requirement for any required information specified in this
schedule due to limited scope of work,applicable law or building code requirements.
21
SCHEDULE D
CODE OF CONDUCT FOR BUILDING OFFICIALS
PURPOSE
1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in
the exercise of a power or the performance of a duty under the Building Code Act or the building code.
2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief
building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or
the building code.
3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty
under the Building Code Act or the building code by the chief building official and inspectors.
ENFORCEMENT GUIDELINES
The chief building official, deputy chief building official and inspectors appointed in Schedule A to this By-law shall comply
with this code of conduct. Any appointed chief building official or inspector who fails to act in accordance with the
provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations
concerning a breach of this code shall be made in writing.
Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention
of the chief building official. Where the allegation concerns the actions of the chief building official, the matter may be
brought to the attention of the senior staff person to whom the chief building official reports.
Any chief building official or senior staff person who receives information, in writing,concerning a significant breach of this
code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the
employment standards of the place of work. All communications received by a chief building official or senior staff person
concerning a breach of this code shall be held in confidence. The chief building official or senior staff person shall advise
Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon
its conclusion.
CODE OF CONDUCT
In exercising powers and performing duties under the Building Code Act,the chief building official and inspectors shall:
1. Exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable
law that governs the authorization,construction,occupancy and safety of buildings and designated structures,and the
actions,duties and qualifications of chief building officials and inspectors;
2. Act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist;
3. Apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any
influence by interested parties;
4. Not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal
interest may create a conflict;
5. Obtain the counsel of persons with expertise where the chief building official or inspector does not possess sufficient
knowledge to make an informed judgment;and
6. Act honestly,reasonably and professionally in the discharge of their duties.
22
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Attachment#3 to EGD-011-11
MUNICIPALITY OF CLARINGTON
BUILDING PERMIT FEES REVIEW UPDATE 2011
MUNICIPAL COMPARISONS-BUILDING PERMIT FEES
Current Fee Rate $per square metre
Single One Storey Multi Storey Industrial
Municipality Dwelling Plaza Shell Office Shell Warehouse
Whitby $6.78-$9.69 $7.54 $9.37 $4.84-$5.81
Richmond Hill $8.35-$13.95 $7.10 $8.70 $5.60
Markham $8.56-$14.27 $7.73 $9.20 $5.98
Vaughan $9.00-$9.75 $7.00 $8.75 $5.40
Ajax $9.00 $7.80 $12.60 n/a
Mississauga $9.27-$13,58 $8.47 $9.38-$10.40 $4.75-$6.55
Caledon $9.30-$12,90 $8.25 $9.80 $4.75-$6.40
Burlington $9.56-$12.32 $10.83 $12,34-$14.58 $5.11 -$7,47
Pickering $10,00 $8.00 $8.00 $6.00
Oshawa $10,29 $9.45 $10.40 $4.99-$9.97
Brampton $10.50-$13.00 $9.00 $8,00 $5.40
Oakville $11.50 $11.21 $11.99-$14.82 $5.63-$9.99
Toronto $14.75-$23.35 $12.52 $15.45 $7,96-$9.83
Clarington
2011 Calculated $10.62 $10.43 $12.91 $8.14
Current $9.12 $8.96 $11.09 $6.99
Note:Ajax industrial rate is not displyed in fee by-law.
Source: Municipal fess by-laws
HEMSON 26