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HomeMy WebLinkAbout2345Being a by-law to regulate the erection and provide for the safety of buildings. WHEREAS The Planning Aet R.S.O. 19~, Chapter 296 provides that a Municipal Council may by By-Law regulate the erection and provide for the safety of Buildings and; WHEREAS The Municipal Council is authorized to pass by-laws for adopting in whole or in part the National Building Code of Canada 1865 edition, together with supplements thereto, with such changes as the Council may consider necessary; THEREFORE The Municipal Council of the Corporation oP The Township of Darlington enacts as follows: 1. SHORT TTTLE This By-Law may be cited as the Building By-Law of the Township of Darlington. 2. APPLICATION (1} This by-law shall apply to all buildings within the Township of Darlington. (2} Where (a) a building is built, this By-law applies to the design and construction of the building; (b) the whole or any part of a building is moved, this by-law applies to all parts of the building whether moved or not; (c) the whole or any part of a building is demolished, this by-law applies to any remaining part and to the work involved .- in the demolition; ~ (d) a building is altered, this by-law applies to the whole build- ing except that the by-law applies only to part iP that part is completely self-contained with respect to the facilities and sefety measures required by this By-Iaw; (d} the occupancy of a building is changed, this by-law applies' to all parts of the building affected by the change. 3. ADOPTION OF NATIONAL BUILDING CODE Parts 2 to 6 inclusive and Part 9 of the National Building Code of Canada 1965 Edition, together with supplements 1, 2, 3, 5 and 6, all as amended to 1965, are hereby adopted to the intent that they shall form a part of this By-Law. 4. RESPONSIBILITY OF TH$ OWNER Subject to the provisions of Sections 6 (3) and 6 (4} hereof, neither the granting of a permit nor the approval of the drawings and speci- fications, nor inspections made by the authority having ,juriadie~ion during erection of the building shall in any way relieve the owner of such building from full responsibility for carrying out the work in accordance with the requirements of this By-law or from obtaining any approvals by or conforming to all the requirements by other authorities having jurisdiction. 5. PR©HIBITION (1). No person shall commence or continue any of the work referred to in Section 2 unless the owner of the building to be constructed, or in respect of which the work is to be carried out, has obtain- ed a building permit. - 2 - (2}, No person shall commence or continue any part of the work referred to in Section 2, for which part a permit is required by this By-law, unless he has obtained a permit to carry out that part of the work. (33. No person shall commence or continue any part of the work ~lreferred to in Section 2 in respect of which a permit is re- quired under axLy other By-law unless he has obtained a permit under that By-law. 6. PBRMITS (1} Sub3ect to sub-sections 2 and 4 hereof and section 10 (1}(c}, where {a} an application has been made, and (b) the proposed work set out in the application conforms with this By-law and all other applicable By-laws. the authority having jurisdiction shall issue the permit for which the application is made, (2) Bvery permit is issued upon (a) the condition that construction is to be started wil3iin 6 months from the date of issuing of the permit; (b) the condition that construction is not to be disconti~u,ed or suspended for a period of more than one year; and (c) such other condition as the authority having ~urisdietion may deem advisable. (3} The authority having jurisdiction shall refer to the Council plans and specifications for any building or structure that is not provided for in this By-law and for which an application for a building permit has been received. (4) No permit shall be issued for a building or structure referred to in sub-section 3 without the prior approval of the Council. {5) The application referred to in subsection 1 shall {a) be made in the form prescribed by the authority having jurisdiction; ~b~ be signed by the applicant; c state the intended use of the building; d include copies in duplicate of the specifications and scale drawings of the building with respect to which the work is to be carried out showing (i) the dimensions of the building, (ii the proposed use of each room or floor area, {iii the dimensions of the land. on which the building is, or is to be situated, (iv} the grades of the streets and sewers abutting the land referred to in subclause (iii}, and (v} the position, height and horizontal dimensions of all buildings on the land referred to in subclause (iii};and (e} contain any other information required by this By-law or by the authority having ~urisdietion 7. Di7TIES OF THB OWNER (~), Every owner of property shall {a) permit the authority having jurisdiction to enter any building or premises at any reasonable time for the purpose of administering or enforcing bhis By-Iaw; -3- .- (b) obtain, where applicable, from the appropriate authority, permits relating to building,. zoning, grades, sewers, water mains, plumbing, signs, blasting, street ocuupancy, electric- ity, highways, and all other permits required in connection with the proposed work; (c) give at least 48 hours' notice to the authority having jurisdiction of the intention to start work on the building site; (d) ive notice to the authority having ~uriadiction ~i) where a Houndation wall below land sur8ace has been placed and before any backfilling of the excavation has been carried out, (~:) as may otherwise be required by this By-law, (e} give written notice to the authority having 3urisdiction within 30 days of completion of the work described in the permit. (2) Where tests of any materials are made to ensure conformity with the requirements of this By-law, records of the teat data shall be kept available for inspection during the construction of the building and for such a period thereafter as required by the authority having jurisdiction. 8. DOCUMENT3 ON THE SITE (1) The person to whom a permit is issued shall, during construction keep (a) posted in a conspicuous place on the property in respect oP which the permit was issued a copy of the building permit or a poster or .placard in lieu thereof; and (b) a copy of the approved drawings and specifications referred to in section 6(5)(d) on the property in respect of which the permit was issued. g. DUTIE3 OF THE AUTHORITY HAVINf~ JURISDICTION (1) The authority having ,~uriddiction shall (a) administer this By-law; and (b) keep proper records of all applications received, permits and orders issued, inspections and tests made, and shall retain copies of all papers and documents connected with the administration of his duties. 10. POWERS OF THE AUTHORITY HAVING JURISDICTION {1) The authority having 3urisdiction may: (a) visit, enter and inspect or cause any of his assistants to visit, enter and inspect From time to time and at all reason- able hours (i) any building which he has reason to believe is being erected,altered, reconstructed, repaired or wrecked, or (ii} any building which he has reason to believe is in a dangerous or defective condition in regard to its con- struction or through damage by fire or accident, or (iii) any building which he has reason to believe is being used for a purpose for which it is not suited, due to its construction. (b) order work stopped on any building or structure when (i) the work is done or being dons contrary to the require- ments of this By-law or any other By-law of the Corpora- tion of the Township of Darlington, or (ii) the work is done or being done in a manner to create a dangerous or unsafe condition, or (iii) the work is done or being done in violation of any con- dition under which the permit was issued. -~ - The authority having jurisdiction or duly authorized members of his staff may order work immediately stopped by serving a written notice on any person engaged in doing or causing such work to be done, and such notice ahall state the reason therefore and the conditiona under which work may be resumed. If there is no person to whom notice may be given at the time of his inspection, such notice shall be placed in a prominent place on the building or structure on the site, and a copy of such notice shall be sent by registered mail, to the permit holder at his address as given on the application for permit, Upon the giving of such notice, no further work shall be carried out upon the premises in question, until written permission to resume work is given by the authority having jurisdiction. (c) revoke a permit if: (i) the work being carried on under such a permit is being done in a manner that does not reasonably comply in every respect with the requirements of this By-law or any other By-law of the Township of Darlington, or (ii) the construction referred to therein is discontinued for a period of one year or more, or (iii) the work is not being carried out in accordance with plans, specifications and drawings submitted in support of the application for a permit. The authority having jurisdiction or duly authorized members of his staff may revoke a permit by serving a notice in writing, by regist- ered mail, addressed to the permit holder at his address, as given' on the application for permit, Upon the giving of such notice, the permit shall cease to have any further power or effect and no further work shall be carried out upon the premises in question without a new application for permit and a new permit being obtained. (d) direct that tests of materials, devices, construction methods, structural assemblies or foundation conditions be made or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to deter- mine whether the material, device, construction or foundation conditions meets the requirements of this By-law and the authority having jurisdiction may revoke or refuse to issue a permit, when in his opinion the test results are not sat- isfactory, (e) in special cases which in his judgment warrant it, permit such deviation from this By-law as he may deem proper and safe under the circumstances subject to the provisions of para- graph 3(a) Section 31(1) of the Planning Act, i1.FEES The Appropriate fee, as shown in the following schedule, shall accompany each application for a building permit: (1.) Residential Permits Summer Cottages $ 18.00 Farm Homes in Zone A 35.00 Residential in M1 28.00 R3 28.00 " R2 30.00 ~~ Rl 35.00 " A 35.00 (2) Other Permits (a) Any new building, including accessory buildings, for the first $1,000,00 $ 5,00 for each additional $1,000.00 or part thereof up to $100,000.00 2,00 for each additional $1,000.00 over $100,000.00 .25 _~_ -~--,.c (b) For the demolition or removal of any building (c) For alterations and additions, up to $100.00,no charge, over $100,00, same as new building. 12, DEFINITION 2,00 (1) Authority having ,jurisdiction, wherever used in this By-law, shall mean the Building Inspector of the Township of Darlington. 13. REPEAL AND REVISION OF OTHER BY-LAWS By-Law 2314 and amendments thereto and all other By-laws or sections of By-laws and amendments thereto, inconsistent with the provisions of this By-law, are hereby repealed, 14. SEVERABILITY It is hereby declared that notwithstanding that any section or sections of this By-law or parts thereof may be found by any Court of Law to be had or illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and ir-d2pendent therefrom and enacted as such. 15. PENALTIES Any person convicted of a breach of any of the provisions of this By-law shall forfeit and pay, at the discretion of the convicting Magistrate, a penalty of not less than Fifty Dollars ($50.00) and not more than Three Hundred Dollars ($300.00), exclusive of costs for each offence, and the Summary Convictions Act, as provided and limited by the Municipal Act, shall apply thereto, Read a First Time this / 7 ~ day of 4 a~-~~t.C-z:a-~ 1966. ,,//~~ . . Reeve Clerk Read a Second end Third T ime and finally passed this ~ ~ ~ i day of <~ p-u.~u~.+-/ 1966. ~ ~~. i ,tf/) r /' Reeve Clerk