HomeMy WebLinkAbout2000-68 f
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BY-LAW S�J ... 8
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-68
A By-law under the Building Code Act Respecting Permits
and Related Matters
WHEREAS Section 7 of the Building Code Act, 1992, as amended, authorizes a
municipal council to pass by-laws concerning the issuance of permits and related
matters;
Now Therefore the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Short Title.
This By-law may be cited as the "Building Permit By-law".
2. Definitions.
(1) In this By-law;
(a) "Act" means the Building Code Act, 1992, as amended.
(b) "applicant" means the owner of a building or property who applies
for a permit, or any person authorized by the owner to apply for a
permit, on the owner's behalf, or any person or corporation
empowered by statute to cause the demolition of a building, or
buildings and anyone acting under the authority of such person or
corporation.
(c) `Building Code" means the regulations made under Section 34 of
the Act.
(d) "Chief Building Official" means the Chief Building Official
appointed by Council under Section 3 of the Act.
(e) "owner" means registered owner of the land and includes a lessee,
mortgagee in possession, and the person in charge of the property.
(f) "permit" means permission or authorization given in writing by the
Chief Building Official to perform work, to change the use of a
building or part thereof, or to occupy a building or part thereof, as
regulated by the Act and Building Code;
(g) "permit holder" means the person to whom the permit has been
issued and who assumes the primary responsibility for complying
with the Act and the Building Code.
(2) Terms not defined in this By-law shall have the meaning ascribed to them
in the Act or the Building Code.
3. Classes of Permits.
(1) Classes of permits required for construction, demolition or change of use
are set forth in Schedule "A" appended to and forming part of this By-law.
4. Permits.
(1) To obtain a permit, an applicant shall file an application in writing on
Official, and
and from the Chief Building ,
forms prescribed by g O
shall supply any other information relating to the application as required by
t
the Chief Building Official.
(2) Every building permit application shall:
(a) identify and describe in detail the work, use and occupancy to be
covered by the permit for which the application is made;
(b) identify and describe in detail the existing uses and the proposed
uses for which the premises are intended;
(c) 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 is to occur;
(d) be accompanied by plans and specifications, documents and other
information required by this By-law;
(e) be accompanied by the required fees as calculated in accordance
with Schedule "A";
(f) state the names, addresses and telephone numbers of the owner,
applicant, architect, engineer, licensed plumber or drain layer, or
other designer, and the constructor or person hired to carry out the
demolition, as the case may be;
(g) when Section 2.3 of the Building Code applies, be accompanied
by a signed acknowledgement of the owner on a form prescribed
by the Chief Building Official that an architect or professional
engineer, or both, have been retained to carry out the general
review of the construction or demolition of the building;
(h) when Section 2.3 of the Building Code applies, be accompanied
by a signed statement of the architect or professional engineer, or
both, on a form prescribed by the Chief Building Official,
undertaking to provide general review of the construction or
demolition of the building;
(i) include, where applicable, the registration number of the builder or
vendor as provided in the Ontario New Home Warranties Plan Act;
Q) state estimated valuation of the proposed work including material
and labour; and related direct costs associated with the work
exclusive of the cost of the land; and
(k) be signed by the applicant who shall certify as to the truth of the
contents of the application.
Demolition Permit
(3) In addition to the applicable requirements of Subsection 4(2), every
demolition permit application shall:
(a) when Section 2.3 of the Building Code applies, be accompanied
by structural design characteristics of the building and the method
and time schedule of the demolition; and
(b) be accompanied by satisfactory proof that arrangements have been
made with the proper authorities for the termination and capping of
all the water, sewer, gas, electric, telephone or other utilities and
services.
Change of Use Permit
(4) In addition to the applicable requirements of Subsection 4(2), every
change of use permit application shall:
(a) describe the building or part thereof in which the occupancy is to be
changed; and
(b) 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 and details of wall, floor
and roof assemblies, identifying required fire resistance rating and
load bearing capacities.
Partial Building Permit
(5) Where a construction permit for a part of a building is desired prior to the
issuance of a permit for the entire project, application shall be made and
fees paid for the entire project in accordance with the requirements of
Subsection 4(2). The additional fee prescribed under Schedule "A" shall
be paid, and plans and specifications covering the part of the work for
which more expeditious approval is desired, together with such
information pertaining to the remainder of the work as may be required by
the Chief Building Official, shall be filed with the Chief Building Official.
(6) The Chief Building Official shall, where conditions in Subsection 4(5)
have been fulfilled, issue a permit for part of a building subject to
compliance with the Act, the Building Code and any applicable law.
Conditional Permit
(7) The Chief Building Official may, where conditions in Subsection 8(3) to
8(5) of the Act have been fulfilled, and the additional fee prescribed under
Schedule "A" has been paid, issue a conditional permit for a building
subject to compliance with the Act, the Building Code and any applicable
law.
(8) The Chief Building Official shall not, by reason of the issuance of a
permit or permits for a part or parts of a building under Subsection 4(6)
or 4(7), be under any obligation to grant any further permit or permits
therefor.
Incomplete or Inactive Application
(9) Where an application for a permit remains incomplete or inactive for six
months after it is made, the application may be deemed by the Chief
Building Official to have been abandoned and notice thereof shall be
given to the applicant.
5. Plans and Specifications
(1) Every applicant shall furnish:
(a) sufficient plans, specifications, documents and other information to
enable the Chief Building Official to determine whether the
proposed construction, demolition, or change of use conforms to
the Act and the Building Code; any other applicable law; and
(b) a site plan referenced to a current plan of survey certified by a
registered Ontario Land Surveyor and a copy of such a survey shall
be filed with the municipality unless this requirement is waived
because the Chief Building Official is able, without having a
current plan of survey, to determine whether the proposed work
conforms to the Act the Building applicable
Code, and an other a
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law. Every site plan shall include:
i) lot size and dimensions of property;
ii) setbacks from existing and proposed buildings to property
boundaries and to each other;
iii) existing and finished ground levels or grades;
iv) existing rights-of-way, easements and municipal services;
v) existing and proposed lot coverage; and
vi) well, septic tank and bed location.
(2) Plans submitted shall be legible and be drawn to scale upon paper or
other suitable and durable material.
(3) The Chief Building Official shall determine the number of plans,
specifications, documents and other information required to be furnished
with an application for permit having regard for the requirements of any
Act, regulation or by-law respecting the examination or circulation of the
application.
(4) On completion of the construction of a building, the Chief Building
Official may require a set of as constructed plans, including a plan of
survey showing the location of the building.
(5) Plans and specifications furnished according to this By-law or otherwise
required by the Act become the property of the municipality and will be
disposed of or retained in accordance with relevant legislation.
6. Fees
(1) The Chief Building Official shall determine the required fees calculated
in accordance with Schedule "A" for the work proposed and the applicant
shall pay such fees. No permit shall be issued until the fees therefor have
been paid in full. The requirements for fees shall not apply to buildings
constructed by or for the Corporation of the Municipality of Clarington.
(2) Upon written request, the Chief Building Official shall determine the
amount of fees, if any, that may be refunded in accordance with
Subsection 6(3) in the case of:
(a) withdrawal of an application;
(b) abandonment of an application pursuant to Subsection 4(9) of this
By-law;
(c) refusal to issue a permit; or
(d) revocation of a permit pursuant to Subsection 8(10) of the Act.
(3) Subject to Subsection 6(4), except for flat rate fees payable under
Schedule "A" to this By-law (which are non-refundable), the fees that may
be refunded shall be a percentage of the fees payable under this By-law,
as follows:
• i
(a) 75 percent if administrative or zoning functions only have been
performed;
(b) 50 percent if administrative, zoning and plan examination functions
have been performed or if the permit has been issued.
(4) Notwithstanding Subsection 6(3), no refund shall be made in the case of
abandonment of a project or revocation of a permit after construction has
commenced or if the amount, calculated in accordance with the above
schedule, is less than $50.00.
(5)Any amount authorized by the Chief Building Official to be refunded,
pursuant to subsection 6(2) herein, shall be refunded 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 refuned to another
person. Once the building permit has been issued, the refund shall be
returned to the Owner named on the permit application.
7. Revocation of Permit
(1) Prior to revoking a permit under clause 8(10)(b) or clause 8(10)(c) of the
Act, the Chief Building Official shall serve the permit holder with or
cause the permit holder to be served with written notice of the intention to
revoke the permit.
(2) Notice under subsection 7(1) of this By-law may be served either by
personal service or by mailing the notice by registered mail addressed to
the permit holder, at the last address the permit holder has
communicated to the Chief Building Official in writing; and where notice
is served by mailing, the permit holder shall be conclusively deemed for
all purposes to have been served with the notice on the third day after the
day of mailing.
(3) If on the expiration of thirty (30) days from the date of service of notice of
intention to revoke a permit, the ground for revocation continues to exist,
the Chief Building Official may revoke the permit without further notice
to the permit holder.
(4) Upon revocation of a permit the Chief Building Official has the sole
discretion to dispose of any plans or any other information submitted with
the permit application, or to return same to the permit holder.
8. Deferral of Revocation
(1) A permit holder may, within thirty (30) days from the date of service of
notice of intention to revoke a permit, request the Chief Building Official
in writing to defer the revocation of the permit.
(2) A request for deferral shall set out the reasons why the permit should not
be revoked and the date by which the work will be commenced or
resumed.
(3) Having considered the circumstances of the request and having
determined that there have been no changes to the Act and the Building
Code and any other applicable law which would have prevented the
issuance of the original permit, the Chief Building Official may allow a
deferral to a prescribed date, and shall notify the permit holder of the
decision.
9. Transfer of Permit
(1)A permit is transferable only upon the new owner completing a permit
application to the requirements of Section 4 and upon submission of
written consent of the original permit holder.
(2) The fee therefor set out in Schedule "A" of this By-law shall be payable on
a transfer of permit to the new owner, who shall thenceforth be the
permit holder for the purpose of the Act and the Building Code.
10.Notifications
(1) Notices for inspections respecting stages of construction specified under
Subsection 2.4.5 of the Building Code shall be given by the permit
holder to the Chief Building Official at least two (2) business days in
advance of each stage of construction specified therein.
(2) A notice pursuant to this section is not effective until written or oral notice
is received by the Chief Building Official.
11.Fencing at Construction and Demolition Sites
(1) Where, in the opinion of the Chief Building Official, a construction or
demolition site presents a particular hazard to the public, the Chief
Building Official may require the erection of such fencing as he deems
appropriate to the circumstances.
(2) In considering the hazard presented by the construction or demolition site,
the necessity for fencing and the height and characteristics of such
fences, the Chief Building Official 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,
(e) the duration of the hazard.
12.Severability
Should any section, subsection, clause or provision of this By-law be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this By-law as a whole or any part thereof, other than the part so
declared to be invalid.
13.Repeal
(1) By-law Number 93-127 is hereby repealed on July 31, 2000.
This By-law shall come into force on July 31, 2000.
BY-LAW read a first time this 29 day of May 2000.
BY-LAW read a second time this 29 day of May 2000.
BY-LAW read a third time and finally passed this 29 day of May 2000.
MAY 0 R
CLERK
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SCHEDULE A TO BY-LAW NUMBER 2000-68
CLASSES OF PERMITS AND PERMIT FEES
1. FEES PAYABLE FOR SPECIFIC CLASSES OF PERMITS.
CLASS OF PERMITS PERMIT FEE PAYABLE
a) Building Construction Permit See Section 3 and Table 1
through 5 of this Schedule.
b) Building Construction Part Permit With respect to phased projects,
in addition to the fee for the
complete building, an additional
fee of$150.00 for each phase
shall be levied.
c) Conditional Building Permit With respect to conditional
permits, the fee shall be the
normal fee for the proposed
construction plus an additional
10% of that fee. A minimum
additional fee of$100.00 and a
maximum additional fee of
$500.00 shall apply to conditional
permits.
d) Demolition Permit $50.00 flat rate fee for single
detached dwellings and
accessory buildings; $0.13 for
each 1 square metre of floor area
or part thereof for other buildings,
with minimum fee of$50.00
e) Change of Use Permit $50.00 for each 100 square
(no work proposed) metres of floor area or part
thereof.
f) Occupancy Permit $100.00.
(see 2.4.3 of OBC)
g) Model House Revision Permit The fee shall be $300.00 plus the
additional permit fee for the
increased floor area. Where the
floor area is reduced, the
appropriate refund shall apply.
h) Transfer of Permit With respect to transferring a
permit from one permit holder to
another, the fee shall be $75.00.
CLASS OF PERMITS PERMIT FEE PAYABLE
i) Unnecessary Inspection rY p Where upon request, an
inspection reveals an infraction
identified at a previous inspection
and not remedied, or where an
inspection is called for and the
work to be inspected is not
substantially completed, the fee
shall be $75.00, payable upon
receipt of a written invoice.
2. CALCULATION OF PERMIT FEES
a) To construct a building, the permit fee payable shall be the product of the service
index prescribed by Section 3 of this Schedule and listed in Tables 1 through 5
thereof for the class of construction involved and the appropriate measure of the
floor area of the project; provided, however, that for certain classes of
construction, the fee shall be a flat rate, as specified.
b) Fees for major revisions and for classes of permits or construction not described
or included in this Schedule shall be determined by the Chief Building Official
who shall have regard to the complexity and amount of service required relative
to the classes of construction described herein.
c) Floor area shall be measured to the outer face of exterior walls and to the centre
of party walls or demising walls, except when calculating interior partition work.
In calculating floor area for interior partitioning, ensure that lobbies, washrooms,
lounges, etc. shall be included and classified according to the major occupancy
classification for the floor area with which they are associated. Where these
areas are constructed in a "shell only" building, fees shall be calculated at the
"partitioned" rate as set out in Table 1 of this Schedule.
d) No deductions shall be allowed for floor openings required, such as stairs,
elevators, escalators, shafts and ducts. Interconnected floor spaces and atriums
above their lowest level may be deducted from the calculated floor area.
e) Where they serve single dwelling units, no additional fee shall apply for decks,
fireplaces, unfinished basements and attached garages proposed and
constructed at the same time as the single dwelling they serve.
f) 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.
g) For interior partitioning, floor areas used for the calculation of fees shall be the
lesser of;
(i) the area contained within a rectangle encompassing the partitions being
erected; or,
(ii) the actual area of the tenant space;
but in no case shall be less than 50m2.
h) 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.
i) A minimum fee of$50.00 shall be charged for all permits unless otherwise stated
in this Schedule.
3. PERMIT FEES PAYABLE FOR BUILDING CONSTRUCTION PERMITS
a) Tables 1 through 5 following are lists of service indices for different classes of
construction used in calculating permit fees payable for building construction
permits.
TABLE 1
PERMIT FEE CLASSIFICATIONS FOR
NEW CONSTRUCTION &ADDITIONS
BUILDING CLASSIFICATION SERVICE INDEX (SI)
$/m'
unless otherwise indicated
Group A (Assembly Occupancies)
All Recreation Facilities, Schools, Libraries, $11.84
Places of Worship, Restaurants (Finished),
Theatres, Arenas/Gymnasiums/Pools,
Restaurants (Shell) $ 9.59
Open Public Swimming Pools $ 3.20
Transit Stations, Subways, Bus Terminals $ 8.88
All other Group A Buildings $11.84
Group B: (Institutional Occupancies)
Institutional, Hospitals, Nursing Homes, $12.92
And other Group B Buildings
Group C: (Residential Occupancies)
Single Family Dwellings, Semis, Townhouses, $ 6.46
Duplexes, Live/Work Unit
All other multiple unit buildings and other residential $ 6.89
Occupancies
Motels above 2 stories and Hotels $ 9.86
Group D: (Business and Personal Service Occupancies)
Office Buildings (Shell), all other Group D Buildings
(shell) $ 7.86
Office Buildings (Finished), Banks, Medical Clinics, $ 9.80
Fire Halls and all other Group D Buildings (Finished)
Group E: (Mercantile Occupancies)
Mercantile Occupancies, Retail Stores (Shell) $ 6.35
Retail Stores (Finished), Department Stores, $ 8.40
Supermarkets
And All Other Group E Buildings (Finished) $ 8.40
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Group F: (Industrial Occupancies)
Industrial Buildings (Shell) $ 4.95
Industrial Buildings (Partitioned Area) $ 6.89
Gas Stations, Car Washes $ 6.24
Parking Garages (U/G, Open Air) $ 3.01
Open Mezzanine Construction $ 3.00
TABLE 2
PERMIT FEE CLASSIFICATIONS FOR
ALTERATIONS AND RENOVATIONS
BUILDING CLASSIFICATION SERVICE INDEX (SI)
$/m
Interior alterations (Partitions, Finishings, etc.)
Group A, B and D $ 2.25
Group C, E and F $ 2.00
TABLE 3
PERMIT FEE CLASSIFICATIONS FOR
DESIGNATED STRUCTURES (OBC 2.1.2.)
BUILDING CLASSIFICATION SERVICE INDEX (SI)
$/m'
Communication Tower or Transmission Towers
on Building $240.00
Crane Runway $240.00
Exterior Tank and Support $100.00
Pedestrian Bridge $100.00
Retaining Wall $ 5.00/linear m
Satellite Dish, Solar Collector $ 60.00
TABLE 4
PERMIT FEE CLASSIFICATIONS FOR
STAND ALONE and MISCELLANEOUS WORK
BUILDING CLASSIFICATION SERVICE INDEX (SI)
$/m'
a) Permanent Tent, Air Supported Structures $ 5.17
b) Balcony Guards (Replacements) $ 1.57/m
c) Unfinished Basement (to accommodate a building $ 3.00
moved from elsewhere)
d) Repair or Re-Cladding of wall (per wall area) $ .19
e) Canopy w/o enclosure $ 2.50
f) Ceilings (Added or Replacement) $ .32
g) Demising Walls (no other construction) $ 2.37/linear m
h) Electromagnetic Locks $36.00/ea max $360.00
i) Emergency lighting $35.00/storey
j) Farm Buildings $ 1.61
k) Fire alarms/Fire Code Retrofit $100.00 flat fee
1) Fire doors retrofit $20.00/each
m) Fireplaces, Wood Stoves $60.00/each
n) Sprinklers $ .30
o) Repairs to parking garage $ 1.29
p) Portable Classrooms $200.00 flat fee
i) Portapack $8.40
q) Residential Decks, Porches, Balconies, Carports $ 60.00 flat fee
r) Residential Detach or Attached Garages or Accessory $ 2.15
Structure
s) Temporary Structures
i) Tent $ 60.00 (up to 2 tents)
ii) Trailers and Temporary Buildings $100.00 flat fee
iii) Sales Pavilions (Construction on Site) $5.49 j
t) Underpinning $ 4.74/linear m
u) Window Replacements $ 2.40/each
v) Sign (3.14 of OBC only) $100.00 flat fee
TABLE 5
PERMIT FEE CLASSIFICATIONS FOR
STAND ALONE MECHANICAL WORK (HVAC & PLUMBING)
BUILDING CLASSIFICATION SERVICE INDEX (SI)
$/mom
1) Permit for Heating, Ventilating and A/C (HVAC)
a) SDD Type Residential Buildings (H.V.A.C.)
i) Single Detached, Semi-Detached, Duplexes & $120.00 flat fee
Townhouses (with or without A/C)
b) All Other Group C— Residential Buildings (H.V.A.C.)
i) Apartments, Hotels, etc. $ .43
c) Group E & F— Retail/Industrial (H.V.A.C.)
i) Small (up to 2,500 sq. ft.) $120.00 flat fee
ii) All others (> 2,500 sq. ft.) $ .54
d) Group A, B and D (H.V.A.C.)
i) Assembly, Institutions, Restaurants and $ .75
Office Buildings
e) Minor Alterations All Buildings
i) Ductwork only or A/C unit addition $ 70.00 flat fee
ii) Add on systems, Space Heater, Make-up Air $100.00 flat fee
Unit, Exhaust Fan
f) Special Ventilation Systems
i) Commercial Kitchen Exhaust, Spray Booth, $120.00 flat fee
Dust Collector, etc.
g) Furnace Replacement
i) SDD Type Residential, Buildings $ 70.00 flat fee
2) Permit for Plumbing and Drains
a) Single Family Dwellings $ 8.50/fixture
b) Group A, C, E and F $ 10.50/fixture
c) Group Band D $ 10.50/fixture
d) Backflow Preventer $ 20.00/each
e) Manhole, catchbasin, interceptor, sump, etc. $ 14.00/each
3) Piping
a) Single Family Detached or Attached Dwellings
i) Water Services, Sanitary and Storm buried piping $ 60.00 flat fee
ii) Repairs, Replacement and Additions of buried $ 60.00 flat fee
Plumbing and drainage piping, pool drains
b) All Other Buildings
i) Inside Sanitary and Storm Piping $ .98/linear m
ii) Outside Water Services, Sanitary and Storm Piping $ 1.64/linear m