HomeMy WebLinkAboutPD-122-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Date: Tuesday, September 7, 1993
Meeting: General Purpose and Administration Committee File #
#: PD-l ? ?-9 3 File #:
Subject: AMENDMENTS TO BUILDING BY-LAW TO REFLECT CHANGE IN BILL 112,
AN ACT TO REVISE THE BUILDING CODE ACT.
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-122-93 be received;
2. THAT the attached Building By-law be approved.
1. BACKGROUND:
1.1 Bill 112, a Bill to revise the Building Code Act, R.S.O.
1990, Chap 13 which regulates construction and demolition of
buildings was proclaimed on July 1, 1993. The Bill also
incorporated the provisions of the Ontario Water Resources
Act, R.S.O. 1990 Chap. 0.40 with respect to the regulation
of plumbing.
1.2 The revisions to the Building Code Act contain major changes
which necessitate the municipality to amend it's Building By-law.
2. The HIGHLIGHTS OF CHANGES
2.1 INCORPORATION OF THE PLUMBING CODE IN THE BUILDING CODE
The plumbing regulations now form Part 7 of the Building Code.
The technical requirements are very similar to those regulations
prior to incorporation in the Building Code.
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RECYCLED PAPIER
PAPEI1 RECYCLE
Tl-HS IS PftiNTEOON f1ECYCLED PAPER
REPORT NO.: PD-122-93
PAGE 2
2.2 AUTHORIZATION TO ISSUE CONDITIONAL PERMITS
The municipality can now isue conditional permits even though
there is not yet full compliance with the Building Code Act or
the Building Code. It should be noted conditional permits cannot
be issued unless compliance is achieved with zoning and interim
control by-laws as well as certain environmental heritage and
rental housing protection legislation and the owner has enter
into an agreement with the municipality concerning the terms of
the conditional permit. Upon an application for conditional
permit the Chief Building Official will consider such matters as
whether an unreasonable delay in construction would occur if the
permit were not granted, fire fighting capabilities at the site
and the difficulty in restoration of the site to its original
state if there is default under a conditional permit agreement.
2.3 PROVISION TO ACCEPT EQUIVALENT MATERIALS, SYSTEMS AND BUILDING
DESIGNS
This provision does not allow the use of any material, system or
building design not authorized in the Building Code. However, it
does provide a considerable degree of flexibility and discretion
to the municipality that was not available previously.
Equivalent materials, systems and designs may be used only when
the Chief Official is satisfied that: (a) the proposed equivalent
will provide the same level of performance as would result from
compliance with the Building Code and (b) the conditions for
acceptance of equivalents set out in the Building Code are
complied with.
2 . 4 REQUIREMENT FOR A PERMIT WHERE A CHANGE OF USE TAKES PLACE
This requirement is intended to address situations where the use
of a building will be changed to a use which the building was not
designed for, regardless of whether or not any construction or
renovation is proposed. Standards are set out in the Building
Code and will apply to changes to more hazardous major
occupancies, creation of a second dwelling unit and certain
changes to farm buildings and vacant buildings.
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REPORT NO.: PD-122-93
PAGE 3
3. In addition to the above, there are numerous technical changes to
the Building Code i.e. requirements for energy efficient design
of new buildings, except low rise residential, ventilation
requirements to mention a few of the more significant amendments.
4. Due to the extensive changes to the Building Code Act resulting
from the proclamation of Bill 112, the existing Building By-law
should be repealed and replaced with a new by-law attached
hereto.
Respectfully submitted,
Recommended for Presentation
to the Committee
r
Franklin Wu, M.C.I.P.
Director of Planning & Development
HGW*FW*bb
*Attach
30 August 1993
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THE CORPORATION OF THE MUNICIPALITY OF ClARlNGTON
being a by-law respecting construction, demolition and change of use permits and inspections.
BY-LAW NUMBER 93-_
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.
Section 1
NOW THEREFORE, the Corporation of the Municipality of Clarington enacts as follows:
SHORT TITLE
1.1
Section 2
Section 3
3.1
3.1.1
3.2
3.2.1
3.2.2
3.3
3.8.1
3.4
3.4.1
3.5
This By-law may be cited as the "Building By-law".
DEFINITIONS
"Act means the Building Code Act, 1992 inclUding amendments thereto.
"Building" means a building as defined in Section 1 (1 J ofthe Act.
"Building Code" means the regulations made under Section 34 of the Act.
"Chief Officiaf' 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.
PERMITS
Classes of Permits
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.
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 specifications covering the portion of the work for which immediate approval
is desired shall be filed with the Chief BUilding Official.
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.
Revisions to PermIt
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.
Renewal of Permit
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 ail the requirements of the Act In effect
at the time of the renewal.
Permits shall be signed and issued by the Chief Official or the Chief Official's
designate.
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Section 4
4.1
4.2
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
4.8
(a)
(b)
4.4
(a)
(b)
(c)
(d)
(e)
4.5
(a)
(b)
"
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REQUIREMENTS FOR APPLICATIONS
To obtain a permit, the owner or an agent authorized in writing by the owner shail
file an application in writing by completing a prescribed form available at the
offices of the municipality.
Every application for a permit shall be submitted to the Chief Official and shail
contain the following Information:
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 site on which the building or demolition will occur;
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;
state the valuation of the proposed work including materials and labour and be
accompanied by the required fee;
include where applicable the registration number of the builder or vendor as
provided in the Ontario New Homes Warrantee Plan Act;
state the names, addresses and telephone numbers of the ownelj architect or
engineer, where applicable, or other designer or constructor;
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
be signed by the owner or his authorized agent who shall certify the truth of the
contents of the application.
Where application is made for a demolition permit under subsection 8(1) of the
Act, the application shall:
contain the Information required by clauses 4.2 (a) to (g), and
be accompanied by satisfactory proof that arrangements have been made with the
proper authorities for the cutting off and plugging of ail water, sewer, gas, electric,
telephone or other utilities and services.
Where application is made for a conditional permit under subsection 8(3) of the
Act, the application shall:
contain the information required by clauses 4.2 (a) to (g),
contain such other information, plans and specifications concerning the complete
project as the Chief Building Official may require, , .
state the reasons why. the applicant believes that unreasonable delays in
construction would occur If a conditional permit is not granted,
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
state the time in which plans and specifications of the complete building will be
filed with the Chief BUilding Official.
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 shail:
describe the building in which the occupancy is to be changed by a description
that will readily identify and locate the building,
identify and describe in detail the current occupancies of the building or part of
a building for which the application is made,
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Section 5
Section 6
Section 7
5.1
5.2
5.3
6.1
6.2
7.1
7.2
7.8
7.4
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(c)
Include plans and specifications which show the current and proposed occupancy
of all parts of the building and which contain sufficient information to establish
compliance with the requirements of the Building Code Including: floor plans,
details of wall, ceiling and roof assemblies Identifying required fire resistance
ratings and load bearing capacities,
(d)
(e)
be accompanied by the required fee,
state the name, address and telephone number of the owner, and
(f)
be signed by the owner or his authorlz~d agent who shall certify the truth of the
contents of the application.
PLANS AND SPECIFICATIONS
Sufficient Information shail 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.
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 plans shall be referenced to an up-to-date survey and, when required to
demonstrate compliance with the Act, a copy of the survey shail be submitted to
the Chief Official.
Site plans shall show:
(a)
lot size and the dimensions of property lines and setbacks to any eXisting or
proposed buildings;
(b)
(c)
existing and finished ground levels or grades, and
existing rights-of-way, easements and municipal services.
FEES
Fees for a required permit shail be as set out In Schedule ''A'' to this By-law and
are due and payable upon submission of an application for a permit.
The requirements for fees shail not apply to buildings constructed by or for the
Corporation of the Municipality of Clarlngton.
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 ail 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.
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.
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Section 8
8.1
8.2
8.8
8.4
Section 9
9.1
Section 10
10.1
Section 11
11.1
Section 12
.4-
PERMIT REVOCATION AND TRANSFER
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.
In the case of withdrawal of an application, of the abandonment of all or a portion
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 shail 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.
Permits are transferrable only upon the new owner completing a permit application
to the requirements of Section 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.
NOTICE REQUIREMENTS FOR INSPECTIONS
The owner or an authorized agent shall notify the ChM 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.
AS BUILT DRAWINGS
The Chief Building Official may require that a set of plans of a building or any class
of bUildings as constructed be flied with the Chief BUilding Official on completion
of construction under such conditions as may be prescribed in the Building Code.
REPEAL CLAUSE
By-laws 90-174 and 98-64 are hereby repealed.
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
day of
1993.
BY-LAW read a second time this
day of
1993.
BY-LAW read a third time and finally passed this
day of
1993.
MAYOR
CLERK
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CLASS OF PERMIT
SCHEDULE "A"
TO BY-LAW 93-_
RESPECTING
CLASSES OF BUILDING PERMITS AND FEES
To construct a building or addition to a building
,
To demolish a building or portIon of a building
To transfer a permit
PERMIT FEES
A minimum of $25.00 or $8.00 '
per $1,000.00 or portion thereof
of the total valuation of the work.
$25.00 or, $8.00 per 1,000
square feet of gross floor area or',
portion thereof whichever Is. the
greater.
$25.00
Permits may be renewed for a six month period on the payment of $25.00 renewal fee before expiry of such
permit.
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, SCHEDULE "B"
TO BY-LAW 98-_
RESPECTING
LIST 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) Mechanical/Electrical Drawings
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SCHEDULE "C"
TOBY-LAW 98-_
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:
(i)
75 percent. of fees payable if administrative and zoning functions only have been
performed.
50 percent of fees payable if admlnlstratlv~, zoning and plan examination functions have
been completed.' . ,
25 percent if the permit has been Issued and no Inspections made.
." I ".; ,:'"
(Ii)
(Iii)
"B" Notwithstanding paragraph ''A'' above,no refundshall befTiade in an amount less than $25.00.
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