HomeMy WebLinkAboutEGD-24-05
ClOOggron
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
COUNCIL
Date:
Monday, June 27th, 2005
Resolution #:
Report #: EGD-24-05
File#:
By-law #:
Subject:
BUILDING REGULATORY CHANGES -IMPACT OF BUILDING CODE
STATUTE LAW AMENDMENT ACT AND ONTARIO REGULATION
305/03
RECOMMENDATIONS:
ltis respectfully recommended:
1. THAT Council receive Report EGD-24-05; and
2, THAT the Building By-law be revised to reflect the changes necessitated by the
Building Code Statute Law Amendment Act and the new provisions of the
Building Code; and
3, THAT the Code of Conduct contained within the Building By-Law be adopted as
the Code of Conduct applicable for the Municipality of Clarington Chief Building
Official and all Building Officials appointed to enforce the Building Code Act and
the Building Code; and
3, THAT the Code of Conduct be posted on the Municipality's Website as
constituting public notice of such; and
4. THAT the delegation of authority be given to the Chief Building Official to appoint
Registered Code Agency(ies) for the undertaking of plan reviews and Building
Code inspections in accordance with the Act; and
5. THAT the building permit fee structure as detailed in the new Building By-Law be
approved; and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD.24.05
Page 2
6. THAT the delegation of authority be given to the Chief Building Official to enter
into written agreements with respect to conditional permits under Section 8 (3)(c)
of the Ontario Building Code Act; and
7. THAT the delegation of authority be given to the Chief Building Official to
prescribe additional forms required to confirm additional information from the
applicant, which are not in conflict with the forms approved by the Minister of
Municipal Affairs and Housing (MMAH).
Respectfully by,
~
d~~'f^- ~
Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S, Cannella
Director of Engineering Services
RP/mr
June 24, 2005
Report #EGD-24-05
Page 3
1.0 BACKGROUND
The building regulatory system in the Province of Ontario was recently changed with the
introduction of the Building Code Statute Law Amendment Act, 2002 (previously
referred to as Bill 124) and associate amendments to the Ontario Building Code (OBC),
Municipalities are required to implement these changes by July 1, 2005.
The Bill was proclaimed on July 25, 2003, as the Building Code Statute Law
Amendment Act, 2002, and Regulation 305/03 was filed to implement the Province's
Building Regulatory Reform. Some of the amendments to the Building Code Act, 1992
and the Building Code came into force on September 1, 2003, while the majority of the
amendments will take effect July 1, 2005.
Subsequent to this filing, the Regulations have been amended by Ontario Regulation
245/05 to repeal the provisions that would have allowed builders to appoint their own
private inspection agencies, and as recent as March 29, 2005, with Ontario Regulation
145/04, which revised the qualification and certification, insurance requirements for
building practitioners and which provided for some exemptions to specialty designers,
and with Ontario Regulation 146/05 which recognized the parallel training certification
program to the implemented by the Ontario Architect Association under the Architect
Act.
Furthermore, on May 10, 2005, the Ontario Regulation 236/05 further amended the
Building Code to extend the implementation period of ~ of the building regulatory
changes from July 1, 2005 to January 1, 2006 specifically:
· The qualification requirements for municipal building officials and "designers" (ie"
designers, architects and engineering consultants);
· The registration requirements (ie., qualified staff and insurance) for "design"
firms;
· The timeframes for the review of building permit applications by municipalities;
· The new rules governing building permit fees and cost recovery.
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The following changes will still take effect on July 1, 2005:
· The mandatory notices of inspection at the defined construction stages and the
timeframes for undertaking inspections;
· The qualification and certification requirements for the Registered Code
Agencies;
· The mandatory use of the Province's application form;
· The new list of "applicable law"; and
· The adoption of a Code of conduct for municipal building officials by
municipalities.
The Municipality of Clarington has been working cooperatively with municipalities such
as Pickering, Brock Township, Whitby and Oshawa towards a uniform Building by-law to
be implemented in each municipality.
2.0 DISCUSSION
The implementation of these changes to the building regulatory system in Ontario will
significantly impact municipalities in the province, Reforms to the current system will
include: mandatory qualifications for Building Officials and the Chief Building Official;
the adoption of Ii compulsory Code of Conduct for Building Officials; province-wide
uniform permit application forms and orders; mandatory permit review timeframes;
revised requirements for the consideration of "complete applications;" a revision to the
definition of "applicable law;" mandatory notification for inspections; the implementation
of an internship program; revised permit fees; mandatory qualifications for designers;
new requirements for the qualification and appointments of Registered Code Agencies;
and the establishment of a public registry.
2.1 MANDATORY QUALIFICATION OF BUILDING OFFICIALS AND THE CHIEF
BUILDING OFFICIAL
As of January 1, 2006, the Chief Building Official and all Building Officials <namely Plan
Examiners, Building Inspectors, Fire Prevention Officers, and Plumbing Inspectors)
must be qualified by the Province in order to be appointed by the Municipality to
continue to undertake plan reviews, inspections and enforcement of the Act and Ontario
Building Code. To meet that obligation, each Building Official was required to
Report #EGD-24-05
Page 5
successfully complete technical courses and pass, on average, three (3) to eight (8)
exams in order to be able to be qualified, registered and subsequently appointed as a
"Building Official" by January 1, 2006. Without the requisite qualifications, the municipal
employees would no longer be able to undertake activities related to issuing of building
permits, inspections, or the enforcement of the Act and Code (with the exception of the
internship program).
As a result of the Building Division's commitment and staff's efforts in meeting this
requirement, the Municipality will have the majority of its Building Officials, as well as
the Chief Building Official, qualified prior to July 1, 2005. Any necessary redistribution
of projects will be based on the qualification of each individual official.
2.2 CODE OF CONDUCT
Section 7.1-(1) of the Building Code Act prescribes that the Municipality must establish
and enforce a Code of Conduct for the Chief Building Official and Inspectors. The
Durham municipalities have collaboratively developed a Code of Conduct using a model
developed by the Large Municipal Chief Building Officials of Ontario (LMCBO) as a
starting point. Local 74 of the Canadian Union of Public Employees (CUPE), which
represents our municipal staff, was consulted in the preparation of the Code of Conduct
and provided comments. The draft Code of Conduct was modified in response to these
comments.
According to the Building Code Act, the purpose of the Code of Conduct is:
1, To promote appropriate standards of behaviour and enforcement actions,
2. To prevent practices, which may constitute an abuse of power, including
unethical or illegal practices, and
3, To promote appropriate standards of honesty and integrity
The proposed Code of Conduct recommended for adoption by Council is attached as
Appendix D.
The Building Code Act also prescribes that the Code of Conduct must be brought to the
attention of the public, The Building Division intends to advertise the Code of Conduct
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on an ongoing basis via the Municipality's Internet website and by posting the Code at
the Municipal Administrative Centre.
It is recommended that Municipal Council adopt the proposed Code of Conduct for the
Chief Building Official and Inspectors attached to this report as Appendix D.
2.3 UNIFORM PERMIT APPLICATION FORM AND ORDERS
As of July 1, 2005, applicants for a permit to construct, renovate or demolish a building
must use the permit application form mandated by the Ministry of Municipal Affairs and
Housing. The Ministry is also prescribing the Order forms issued by Building Officials,
the Chief Building Official and RCAs in their enforcement of Building Code violations.
The province-wide forms are not viewed as an improvement or benefit by the larger
municipalities who have developed and established computerized management
information systems for tracking applications and permits. The new form, as drafted,
consists of a minimum of three (3) pages and requires the signature of the owner or
authorized agent. The present Municipality of Clarington form is one page only. The
new form will increase the volume of records, which must be maintained for lengthy
periods.
In addition, completion of certain fields on the form and the submission of certain
schedules attached to the application form will be obligatory for the application in order
to be deemed "complete". When an application is "complete", the mandated timeframes
for review and approval/refusal are triggered. The complexity of the form and the
requirement that it be complete for it to be accepted will increase the demands on staff
at the counter. The 2005 Municipal Budget, as approved, has provided for the addition
of a plans examiner to assist the Municipality of Clarington in meeting its obligation and
timelines under Bill 124, as well as to assist applicants in understanding the new
legislative requirements and to aid them in completing the form.
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2.4 MANDATORY PERMIT REVIEW TIMEFRAMES
The amended Building Code introduces timeframes, effective January 1, 2006, within
which the Chief Building Official must render a decision regarding the issuance of a
building permit. Once the determination is made that a permit cannot be issued due to
zoning, Code deficiencies, or non-compliance with an applicable law, the Chief Building
Official is required to advise the applicant, in writing, of all the reasons. These
timeframes vary based on the class of building for which the permit applies (the classes
of buildings in the Code reflect the sizes of the buildings and the proposed use and
occupancies),
New OBC Mandated Timeframes for Permit Approva// Rejection
Type of
building/projects
Small homeowner
projects
Tenant improvements
Mandated timeframes
10 business days
Detached, semi-
detached, town and row
houses
Small buildings and small
farm buildings
Large buildings and large
farm buildings
Complex buildings
15 -30 business days
depending on the size of
the building
10 business days
15 business days
20 business days
30 business days
Where the Chief Building Official fails to provide a decision regarding the issuance of a
permit or fails to provide the reasons for the refusal within the mandated timeframes, the
applicant is able to refer the matter to the Building Code Commission for determination,
The Building Code Commission, located in Toronto, will review these disputes within
five business days of receiving notification by the applicant. It is unclear what condition
will be stipulated by the Commission to compel the Chief Building Official to complete
the review and provide determination of compliance.
Presently, the Code does not impose timeframes for decisions as to the issuance of a
permit. The current performance levels for rendering a decision to issue or not to issue
is based on the resource allocation, the demand for services (whether normal or
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accentuated by seasonal or economic cycles or artificial peaks due to, for example, a
rush to obtain permits in advance of the new Development Charges By-laws) and the
type of building proposed to be constructed, renovated or demolished.
Based on the current resource allocation, delays are unavoidable whenever spikes in
building permit applications occur. The proposed Building by-law has included
outsourcing the review of building permit submissions to Registered Code Agencies
(RCAs). However, in reality, assistance will be difficult to obtain due to the limited pool
of Building Code-competent Registered Code Agencies (RCAs) in the private sector.
2.5 MANDATED TIME FRAMES
The impact of the mandated timeframes is sianificant, particularly with respect to the
timeframes for permit applications for single-family residences, duplexes, row and town-
home blocks. At present, the turnaround time for these applications exceeds the new
mandated response time of 10 business days. These permit applications represent
80% of total permit applications submitted annually, Similar excesses in review times
exist for the larger and more complex permit applications, as well,
The Building Division proposes to adopt changes to the existing service delivery model,
such as the hiring of an additional plans examiner, in its efforts to meet the new
timeframes while the full impact of these new requirements is mitigated.
2.6 "COMPLETE APPLICATION'
The new regulations define what constitutes a "complete application," which essentially
triggers the timeframe for providing a decision as to the status of an application. A
"complete application" is defined as having all the applicable fields in the Ministry's form
filled, all the completed schedules attached, the submission of plans and specifications,
as required by the by-law, and the payment of permit fees.
This new definition of what constitutes a "complete application" is problematic for the
applicant, as well as for the Building Division. It is problematic for the applicant because
the form requires information to be completed that is beyond practical knowledge of the
average applicant. It is problematic for the Municipality because this requires additional
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staff time to assist in permit application completion. Also, the new Act and Code do not
address the matter of quality of information and drawings being submitted, without
which the initial review at the time of submission may become very lengthy, thus
creating longer waiting times at the counter.
As a result of the timeframes and the anticipated difficulties to be encountered by
applicants in completing the application and some of the schedules, it is necessary for
the Building Division to subscribe to stricter and higher standards for the acceptance of
permit applications.
Specifically, the mandated timeframes and the new application form will require the
Building Division to pursue two (2) immediate customer service strategies:
1) Initial review at the time of application submissions
Applications will undergo a detailed scrutiny at the counter in order to determine
whether an application is "complete", whether it should be accepted or rejected on the
spot, and if accepted, which process stream will apply. This will require staff to exercise
a competent and thorough understanding of the Ontario Building Code at the permit
counter.
To the applicant, there will be an immediate improvement in service delivery, as the
status of the application will be established at the outset, with time lines for approval or
rejection clearly communicated. This will reduce inefficiencies created as a result of
poor applications being dropped off at counters, with staff having to make numerous
follow-up calls to request the submission of missing information, plans or specifications,
The accountability of both the applicant and the Municipality will be clear. Efficiencies
will be achieved for clients who understand what is deficient in their applications, thus
enabling the applicant to quickly address any shortfalls.
2) Streaming of applications
Once the application is accepted, the timelines imposed by the new legislation will come
into play. It is anticipated that for a period of time following the implementation of the
new legislation, three (3) kinds of applications will be submitted for review:
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· Complete applications, that is, the form is complete with certificates of
approvals attesting to the compliance (e.g., septic permit, certificate of approval
from Ministry of Transportation and Conservation Authorities, site plan approval,
etc). Mandated timeframes for the application will commence at the moment the
application is accepted.
· Deficient applications, that is, the form is complete, however, the certificates of
approvals attesting to compliance with the applicable laws remain outstanding or
drawings and specifications are not in compliance with the Building by-law. In
such cases, the Building Division will suggest the applicant not submit the
application until it is complete, Should the applicant insist on applying for a
building permit with a deficient application, the Building Division will accept the
application, providing that the applicant waive the mandated timeframe in a
written form as required by the Ontario Building Code. This will allow a deficient
application to be reviewed prior to all documents being submitted,
· Premature applications, that is, applications with insufficient information
(application form and/or plans), lacking the certificates of approvals attesting to
compliance with the applicable laws, or with fees outstanding will not be
accepted or processed.
The rejection of applications at the point of submission represents a significant
departure from the Building Division's current practice. However, as a result of this new
approach, service will improve for those applicants who have submitted complete
applications and the level of customer satisfaction provided to applicants at the counters
will be enhanced.
The Building Division will monitor timeframes on an ongoing basis in order to determine
if we are meeting the regulation.
2.7 APPLICABLE LAW
Building Officials have been assigned the responsibility of ensuring specific
requirements set out in various federal and provincial legislations are met as a
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prerequisite to issuing a building permit. Only provisions that establish a standard
related to the construction or demolition of a building are deemed "applicable law."
The definition of "applicable law" under the Building Code has been clarified to include a
specific list of laws (38 in all) that require compliance before a permit can be issued.
The new listing will serve to clarify to municipalities, the courts and to applicants as to
what entails applicable law. Initially, the Province proposed to require the applicants
identify all applicable laws and determine whether the proposed construction was in
compliance with all applicable laws. This determination of applicable law is beyond the
abilities of the majority if applicants and, as such, the reference list issued by the
Ministry of Municipal Affairs and Housing (MMAH) is very necessary. However, it may
still be difficult for the average non-professional applicant to be sure that they are in
compliance. Nevertheless, they must still certify on the permit application that they are
in compliance with these related Acts.
As the new listing only includes federal and provincial legislation, there is a need to
identify and expand the list to include local applicable laws.
2.8 MANDATORY NOTIFICATIONS, INSPECTIONS AND INSPECTION
TIME FRAMES
The new legislation introduces a legislated timeframe for undertaking building
inspections, which will now be triggered by mandatory notifications by the permit
holders, Also, the new Ontario Building Code specifies additional inspections over and
above the Municipality's current inspections program. The new legislation permits a
municipality to add, by by-law, to the list of mandated inspections. In addition to those
inspections mandated by the Ministry of Municipal Affairs and Housing (MMAH), via the
Building by-law, we will require additional inspection of the following: i) masonry
fireplaces and masonry chimneys, ii) factory-built fireplaces and allied chimneys, and iii)
stoves, ranges, space heaters, and add-on furnaces using solid fuels and allied
chimneys, iv) substantial completion of interior finishes and v) substantial completion of
heating equipment. It is felt that these additional inspections are necessary in order to
reduce exposure to liability for the Municipality.
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The Municipality must undertake the inspections within two business days of receiving a
notice from the permit holder of the readiness for inspection at defined stages of
construction.
The Building Division presently responds to notifications within a range of 24-48 hours.
While the response time as dictated by the Province does not in itself present a
significant challenge, the mandatory inspections that must be undertaken will impact
staff resources. Furthermore, failure by the applicant to notify the Building Division of
the need for inspection will result in significant staff time to address "missed"
inspections.
Presently, it is the municipality's prerogative to define what inspections must be booked,
as well as when and how these are to be booked. The new Ontario Building Code,
however, directs the permit holder to notify the Municipality at a number of stages of
construction and then requires the Municipality to respond to the notices within the
defined timeframe. The legislation has essentially shifted the control over the allocation
of limited resources (via scheduling) from the Municipality to the permit holder. In
addition, the legislation has added to the number of inspections the Municipality
currently requires, particularly for residential housing, which is a segment of the
construction industry that occupies a majority of the Building Division's resources.
2.9 INTERNSHIP PROGRAM
Recruitment of qualified and Code competent Building Officials has been very difficult,
as the pool is limited and competition is fierce.
Originally, the new legislation did not recognize any internship program and
municipalities were at risk of having to train and qualify new recruits for at least one year
before these trainees could undertake any inspections. On March 29, 2005, the
Province amended the Code to allow for an internShip program for Building Official
trainees. This will enable the Municipality to hire unregistered individuals to work under
supervision while they complete the required qualification levels. It is also a vehicle for
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retaining existing staff in a working capacity while they continue their required
qualification training.
2.10 PERMIT FEES
The new legislation directs municipalities to set building permit fees to recover on Iv the
cost of servicing building permits and the cost of enforcing the Building Code Act and
Building Code. The costs of servicing building permits and enforcing the Act and Code
include direct and indirect costs as well as the use of reserve funds, such as a revenue
stabilization fund, that would ensure the Municipality is able to discharge its legislative
duties at all times.
Building permit costs in the Municipality of Clarington have historically covered all the
internal cost of the Building Division, yet other costs such as support costs of other
departments (Le. zoning clearance, fire prevention, overhead, office space, and
computer costs) had not been included. In order to establish permit fees that comply
with the requirements of the Building Code Statue Law Amendment Act, 2002 and
Ontario Regulation 305103, the Municipality retained the services of Hemson Consulting
Ltd, to undertake a study. This study analyzes the costs of administering and enforcing
the Building Code in the Municipality and making recommendations regarding a new
building permit fee necessary to recoup the cost of providing the required building
permit services.
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The following table lists the allowable cost recovery items and establishes a total cost
projected for 2005 for the provision of Building Code services in the Municipality.
TOTAL COSTS
Direct Costs
$1,248,512
Indirect Costs
$198,381
Anticipated Costs
Pay Equity Adjustment
, $40,000
included
above
included
above
included
above
none
$60,000
Training
Examinations
New Deadline Compliance
Interest on Borrowing
Reserve Fund Contributions
Subtotal
Inflation Adjustment (6.25%)
Total Costs
$1,546,893
$96,681
$1,643,574
. this represents a five year averaging in order to provide a stable building permit
fee for the next several years.
In order to mitigate the impact, the average building permit revenue for the period of the
years 2001 to 2004 inclusive, was used in the amount of $1,164,726 to arrive at a
necessary increase in the existing fees.
Upon comparison, the total costs projected for 2005 exceeded the average building
permit revenues from 2001 to 2004 by 41.11%.
Projected Costs
Average Revenues 2001 to 2004
% Difference
$1,643,574
$1,164,726
41.11%
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Page 15
Therefore in accordance with the provisions of the Building Code Statue Law
Amendment Act, 2002 and Ontario Regulation 305/03, the Municipality is permitted to
increase building permit fees by 41.11 %.
The resulting new building permit fee will be slightly higher than the current average fee
in the Greater Toronto Area (GTA). Please be aware that many other municipalities are
still in the process of assessing the impact of Bill 124 on their fee rate structures and it
is difficult to ascertain where the new median fee for the GTA will fall.
MUNICIPAL COMPARISIONS - BUILDING PERMIT FEES
Current Fee Scale (ie. Pre-Bil124) $/m2
MuniciDalitv Sinale Dwellina One Storey Multl-Storev Industrial
Plaza Shell OffIce Shell Warehouse
Oshawa $7,25 $7.14 $7,86 $4,95
Oakvllle $7,80 $7.60 $8,13 $6.77-$3,82
Burlington $8,26-$10,65 $7,08 $8.07-$9.54 $6.60-$4,52
Pickering $8.50 $7,00 $8.50 $8.50
Ajax $8,50 $9,00 $10,50 $5.50
Whitby $8,50 $7.54 $9,37 $5,81
Brampton $9,10 $8.00 $9,00 $6,50
Vaughan $9,75 $7.00 $8,75 $5.40
Richmond
Hill $9.75 $7,00 $8.75 $5.40
Caledon $9,90 $8.00 $9,50 $4,60-$7,20
Mississauga $10,29-$13,00 $8.47 $4.30-$11,87 $4.75-$7,57
Markham $10,55 $11,00 $12,90 $9,00
Toronto $12.60 $10,70 $13.20 $6,80-$11,55
GTA
Average $9,06 $8.12 $9.53 $6,22
Clarington 2005 $9.12 $8,96 $11.09 $6,99
ProDosed
It should be noted that, as requested by Council, that the Building by-law exempts
building permit fees for buildings constructed by or for the Corporation of the
Municipality of Clarington and Lakeridge Health Bowmanville. However, the value of
these permit fees is taken into account by the Treasurer when completing our annual
report.
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The Director of Finance has reviewed the financial contents of this section of the report
and concurs with the methodology of the calculations used for the determination of the
increase of the building permit fees.
2.11 ANNUAL FEE REPORT
The new Act requires the Municipality to prepare an annual report outlining the
revenues and costs of servicing building permits and enforcing the Building Code Act
and the Building Code. Specifically, the Municipality must provide the following
information in a report:
· Total fees collected in the previous fiscal period,
· The direct costs of servicing building permits and enforcing the Building Code Act
and the Building Code,
· The associated indirect costs, and
· The status of the reserve fund(s), if any are established
2.12 CHANGING PERMIT FEES
Notice of the intent to change the building permit fees will be required commencing
January 1, 2006. The Municipality must hold a public meeting concerning the proposed
change to the fees, The Act and Regulations set out the timing of the notice and what
information is required to be included in the notice.
2.13 MANDATORY QUALIFICATION, REGISTRATION OF DESIGNERS AND
INSURANCE REQUIREMENTS
The new Act requires all persons involved in "design activities", Le" designers,
architects and engineering consultants, be Qualified AND reoistered in the areas of
practice consistent with the categories for qualification and registration set out in the
Code. These requirements must be met by January 1, 2006 in order for these building
practitioners to submit an application for a building permit, or undertake general reviews
of construction and submit reports on the construction. These building practitioners
must also obtain professional indemnity insurance coverage as stipulated by the Code.
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Each "designer" will receive a Building Code Identification Number (BCIN) from the
Ministry and this number must be affixed to the building permit application and plans
commencing January 1, 2006.
In-house designers working for homebuilders covered by the Ontario New Home
Warranty Program, renovators of the "house", as defined by the Code, are exempt from
the registration requirements but not the qualification requirements. Homeowners who
design their own home or an addition for their home or an accessory building, such as a
garage, are exempted from both requirements.
As a result of the new requirements for "designers" and the addition of BCIN numbers
on the applications and supporting documentation submitted for a building permit, all
permits issued prior to January 1, 2006 where construction has not commenced within
six months will be "suspended" as of July 1, 2006 and the permit holder will be required
to resubmit the application and documentation in accordance with the new legislation,
lest the permit be revoked or cancelled.
2.14 REGISTERED CODE AGENCIES (RCAs)
The new Act provides for a service delivery option to municipalities in the form of
Registered Code Agencies (RCAs). Originally, the new Act provided this option to
builders, as well. However, due to concerns voiced by the Chief Building Officials,
municipalities and the Association of Municipalities of Ontario regarding potential
conflict of interest and an increase in the risk of liability for municipalities, this option
was repealed on August 20, 2004.
The new legislation requires the RCAs to be qualified and registered in order to
undertake Code reviews and inspections. Qualifications required are similar to those
municipal Building Officials must have, based on the category of buildings they will
review for Code compliance and/or inspect. In addition, RCAs are required to obtain
and maintain insurance coverage and submit detailed quality management plans to the
Ministry.
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In theory, this approach is sound. However, the pool of consultants that possess a
competent understanding of the Code is limited and their services are often equally
occupied within the building industry. Thus, private-sector consultants may be
unavailable to support the Municipality's workloads. This shortfall currently exists and
will be aggravated at the outset of the implementation of the new Act.
Despite this shortfall, it is recommended that the approach of outsourcing during peak
workloads, where feasible, be pursued. It will be an effective means of maintaining
efficiencies and performance within the mandatory timeframes, as well as for providing
stability to the in-house resources when there are downturns in construction activity.
To retain the services of a RCA, the Municipality must:
· enter into a written agreement with the RCA authorizing the RCAs to perform the
specified functions, and
· "appoint" the RCA
In recognition that appointments must be made in a timely fashion (so that the
Department can meet the timeframes), the Act delegates this authority of appointing the
RCA to the Chief Building Official. Building permit fees associated with the additional
peak workloads will fund the costs associated with outsourcing the work,
2.15 PUBLIC REGISTRY
The Ministry has established and will maintain a public register listing the appointed
municipal Building Officials, the designers, architects, engineering consultants and
RCAs alongside their qualifications. The public register will be accessible via the
Ministry's web site www.obc.mah.Qov.on.ca to any person wishing to verify the
provincially- recognized qualifications of any of the building practitioners. This new
service will enhance access to information and benefits owners retaining the services of
any designer, architect, or engineering consultant, and supports the goal of increasing a
municipality's and the building industry's accountability to the public.
Attachment 1 - Proposed By-law
ATTACHMENT NO,: 1
REPORT NO.: EGD-24-05
,THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO, /05
Being e by-law to Provide lor the administration
end enlorcement 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 lor the enlorcement of the Building Code
Act within the Municipality of Claringlon; and
WHEREAS subsection 3(2) of the Building Code Act. requires that the Council shail appoinl a chief building
official and such inspectors as are necessary for the enforcement of the Building Code Act within the
Municipality of Clarlngton: and
WHEREAS Section 7 of the BuDding Code Act authorizes the Council of a municipality 10 pass certain By-
laws prescribing classes of permits, permit appUcation documents, fees, inspections and other related
matters.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALIITY OF CURINGTON
HEREBY ENACTS AS FOLLOWS:
TITlE
1, This By-law may be cited as the Building By-law,
1
DEFINITIONS
2,
In this by-law
(a) "Acf' means the Building Code Act, 1992,8.0. 1992, chapter 23, as amended from time
to time, and any successor thereto;
(1)
(b) "as constructed plans" means as constructed plans as defined in the building code;
(c) "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;
(d) "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;
(e) "building" means a building as defined in Section 1(1) of the Act;
(f) "building code" means the regulations made under Section 34 of the Act;
(9) "chief building official" means the person appointed by the Council as the chief building
official for the purpose of enforcement of the Act;
(h) "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;
(i) "Council" means the Council of The Corporation of the Municipality of Clarington;
(j) "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,
(k) ~deputy chief building official" means the person appointed by the Council as the deputy
chief build ing official for the purpose of enforcement of the Act.
(I) "equivalent' means equivalent materials, systems or designs proposed by an applicant
pursuant to Section 9 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;
(0) "owner" means the registered owner of the land 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;
also includes a leaser and a mortgagee in possession;
(p) "permif' 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 Act or the
building code or both, or
(iii) to occupy a building or a part thereof;
(q) ~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;
(r) "professional engineer" means a person who holds a licence or a temporary licence under
the Professional Engineer's Act: and
(s) "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.
2
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.
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 0 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, change of use and occupancy of
buildings and permit fees 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 under Section 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, 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 Section 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
(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 Section 8(3) of the Act shall,
(a) comply with the requirements set out in subsection 6(3) in this By-law; and
3
(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 subsection 6(5)(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 Section 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 necessarily 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 Sche~ule C to this By-Law.
Occupancy Permits for Unfinished Buildings
(8) Every application for authorization to occupy an unfinished building under Section 2.4.3 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.
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 sentence 2.4.1.1 B.(5) 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
4
(5)
(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.
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 and elevation of the top of the foundation wall,
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 EQUIVALENTS
8. (1) Where approval for an equivalent material, system or building design under Section 9 of the Act
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 "Equivalent Application Form" as described in Schedule C to this By-law;
(b) a description of the proposed location(s) the equivalent 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
equivalents and may impose conditions or limitation on their use.
(3) Equivalents that 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 sentence 2.4.1.1.8(5) of the
building code where any of the applicable requirements of Section 6 to this By-law have not
been complied with.
(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
Jaw, an additional fee as prescribed in Schedule B may be applied to the re-examination of
documents required to be submitted by an applicant.
ABANOONED 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
5
(2)
(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.
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
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 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;
(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 (1) 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 13(1) above 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.
6
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 $70.00.
(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.
Plan Re-examination Fees
(5) 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.
Additional Inspection Fees
(6) An additional inspection fee as set out in Schedule 8 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;
(c) a building is occupied before the notice required under Section 11 of the Act was given
to the chief building official; or
(d) an inspection is requested to confirm that outstanding items have been completed or
corrected in respect of a deficient permit.
Fee Refunds
(7) 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(8) to 14(13) below.
(8) Eighty-five per cent (85%) of the permit fee paid in accordance with Schedule 8 shall be
refunded if only application administrative functions have been performed.
(9) 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(8) above,
(b) all or part of technical plan review functions, and
7
(c) the permit has not been issued.
(10) Twenty-five per cent (25%) of the fee paid in accordance with Schedule B shall be refunded if
the permit has been issued.
(11) Notwithstanding 14(7) to 14(10) 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.
(12) No refund shall be payable where the amount calculated in accordance with this section is less
than $50,00,
(13) 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.
REGISTERED CODE AGENCIES
15. The chief building official is authorized to enter into service agreements with registered code agencies
and appoint them to pertorm 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.
INSPECTION NOTICES
17. (1) The permit holder shall also give notice of the following stages of construction in addition to the
notices prescribed by the Ontario 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 soiid fueis and aliied
chimneys,
(b) substantial completion of interior finishes; and/or
(c) substantial completion of heating, ventilating, air-conditioning and air-contaminant
extraction equipment.
B
(2) A notice required to be given by a permit holder to the chief building official or registered code
agency pursuanl to subsection 2,4,5:2 of the building code shall be given to the chief building
official or registered code agency at least two days in advance of the construction stage for
which notice is being given.
(3) For the purpose of 16(2) above, the term ~day" means any Monday, Tuesday, Wednesday,
Thursday or Friday other than a holiday as defined in 1.(m) of this By-law.
(4) A notice given to the chief building official pursuant to subsection 2.4.5 of the building code
shall be given 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 subsection
2.4.5 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.
SEVERABILITY
18. 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
19. Schedules A, B, C and D attached shall form part of this By-law.
20. By-law 2000-68, By-law 2003-150, By-law 2004-092, By-law 2004-195 are hereby repealed.
21. This By-taw comes into force and is effective on July 1, 2005.
BY-LAW read a first, second and third time and finally passed this
dayo!
2005
John Mutton, Mayor
Patti Barrie, Clerk
9
SCHEDULE A
APPOINTMENTS
Item 1 Column 1 Column 2
1, chief building official Rick Pigeon
2, inspector David Keddy
3, inspector Dennis George
4, inspector George Semenenko
5, inspector Lloyd Cullen
6, inspector Lisa Bianca
7, inspector John Preston
8, inspector Kim Laing
9, Inspector (fire prevention) William Reid
10, Inspector (fire prevention) Randy Reinert
11, Inspector (fire prevention) Jacquie Hill-Bower
12, Inspector (fire prevention) Duane Tyte
10
SCHEDULE B - PART A
CLASSES OF PERMITS AND FEES PAYABLE
Item Cia.. of Permit Reference Fee Payable
1, Building Permit 6(3) See Part B
$71 flat rate for all Single Detached Dwellings
2, Demolition Permit 6(4) and Accessory Buildings
$0,16 flat rate for All Other Buildincs
Normal fee for proposed co nstruction plus an
additional 10% of that fee. A minimum
additional fee of $140.00 and a maximu m
3, Conditional Building Permit 6(5) additional fee of $700,00 shall apply to
conditional permits. With respect to phased
projects, in addition to the fee for the
complete building, an additional fee of $21 0
for each ohase.
4, Change of Use Permit 6(7) $70 for each 100 sq.m. of floor area or part
thereof
Occupancy Permit for
5, Unfinished Building (2.4.3 of 6(6) $141 flat
OBC)
OTHER FEES
Item T e of Fee Reference Fee Pa able
1, Equivalent Authorization 6 $100,00
2, Resubmission of application 9(5) 25% of application fee
found to be incom lete
3, Revision to permit 11 $70,00
4, Transfer of permit 12 $106,00
5, (a) Re-examination 14(5) $423 plus the fee prescribed in Part B as a
- Chan e in house model result of an additional area
5, (b) Re-examination 14(5) 10% of applicable permit fee to a maximum of
- other than 5 a $1000,00
6, Additional Inspection 14(6) $106,00 flat fee
11
SCHEDULE B - PART B
FEES PAYABLE FOR BUILDING PERMITS
Item Buildlna TVDe Fee Pavable
Service Index (51)
$/sa,m
1, Assembly Occupancies (Group A)
All Recreational Facilities, Schools, Libraries, $16.71
Places of Worship, Restaurants (Finished),
Theatres, ArenasfGymnasiums/Pools.
Restaurants (Shell) $13,53
Open Public Swimming Pools $4,52
Transit Stations, Subways, Bus Terminals $12,53
All other Grouo A Buildinas $16,71
2, Institutional Occupancies (Group B)
Institutional, Hospitals, Nursing Homes $18,23
And other Grauo- 8 Buildinos
3, Residential Occupancies (Group C)
Single Family Dwellings, Semis, Townhouses, $9,12
Duplexes, LiveJWork Units
All other multiple unit buildings and other $9,72
residential occupancies
Motels above two stories and Hotels $13,91
4, Business and Personal Service
Occupancies (Group D)
Office Buildings (Shell), all other Group D $11.09
Buildin9S (Shell)
Office Buildings (Finished), Banks, Medical $13,83
Clinics, Fire Halls and all other Group D
Buildinos (Finished I
5, Mercantile Occupancies (Group E)
Mercantile Occupancies, Retail Stores (Shell) $8,96
Retail Stores (Finished), Department Stores, $11,85
Supermarkets
And All Other Group E Buildings (Finished) $11,85
6, Industrial Occupancies (Group F)
Industrial Buildings (Shell) $6,99
Industrial Buildings (Partitioned Area) $9,72
Gas stations, Car Washes, $8,81
Parking Garages (U/G, Open Air) $4,25
Ooen Mezzanine Construction $4.23
7, Interior alterations (Partitions, Finishings,
etc.)
Group A, Band D $3,18
GrouD C, E and F $2,82
8, Designated Structures
Communication Tower or Transmission Towers $339
On Building
Crane Runway $339
Exterior Tank and Support $141
Pedestrian Bridge $141 ,
Retaining Wall $7 per Lm.
Satellite Dish, Solar Collector $85
9, Stand Alone & Miscellaneous Work
a) Permanent Tent, Air Supported Structures $7,30
b) Balcony Guards (Replacements) $2,22
c) Unfinished Basement (to accommodate a $4,23
building moved from elsewhere)
d) Repair or Re-Cladding of wall (per wall area) $0.27
e) Canopy wlo enclosure $3,53
f) Ceilings (Added or Replacement) $0,45
g) Demising walls (no other construction) $3,34
h) Electromagnetic Locks $51 per lock (max $360)
i) Emergency lighting $49 per storey
j) Farm Buildings $2,27
k) Fire alarmslFire Code Retrofit $141 flatlee
I) Fire doors retrofit $28 per door
m) Fireplaces, Wood Stoves $70 each
n) Sprinklers $0.42
0) Repairs to parking garage $1,82
p) Portable Classrooms $282 flat tee
i) Porta pack $11,85
q) Residential Decks, Porches, Salcon ies, $85
Carports
r) Residental Detach or Attached Garages or $3,03
Accessorv Structure
12
s) Temporary Structures
i) Tent $85 up to 2 tents
il) Trailers and Temporary Buildings $141 flat fee
iii) Sales Pavilions (Construction On Site) $7,75
t) Underpinning $6,69 per I.m,
u) Window RePlaCeme~}~\ $3.39 per window
vi Sian 13,14 of OBC ani $141 flat fee
10, Stand Alone Mechanical Work (HVAC and
Plumbing)
1) Permit for Heating, Ventilating and Ale
(HVAC)
a) SDD Type Residential Buildings (HVAC)
i) Single Detached Dwelling, Semi- $169 flat fee
Detached, Duplexs & Townhouses
(with or without Ale)
b) All Other Group C -Residential Buildings
(HVAC)
i) Apartments, Hotels, etc. $0,61
c) Group E & F - Retail/Industrial (HVAC)
i) Small (up to 2500 sq, ft,) $169 flat fee
ii) All others (>2500 sq, ft,) $0,76
d) Graup A, Band D (HVAC)
i) Assembly, Institutions, Restaurants and $1,06
Office Buildings
e) Minor Alterations -All Buildings
i) Ductwork only or NC unit addition $99 flat fee
ii) Add on systems, Space Heater, Make- $141 flat fee
Up Air Unit, Exhaust Fan
f) Special Ventilation Systems
i) Commercial Kitchen Exhaust, Spray $169 flat fee
Booth, Dust Collector, etc.
g) Furnace Replacement
i) SOD Type Residential, Buildings $99 flat fee
2) Permit fQr Plumbing and Drains
a) Single Family Dwellings $12 per fixture
b) Groups A, C, E and F $15 per fixture
c) Group Band 0 $15 per fixture
d) Backflow Preventor $28 each
e) Manhole, Catch basin, Interceptor, Sump, $20 each
etc.
3) Piping
a) Single Family Detached or Attached
Dwellings
i) Water Services, Sanitary and Storm $65 flat fee
buried piping
ii) Repairs, Replacement and Additions of $85 flat fee
buried Plumbing and drainage piping,
pooling drains
b) All Other Buildings
i) Inside Sanitary and Storm Piping $1.38 per I.m.
ii) Outside Water SelVices, Sanitary and $2.31 per I.m.
Storm Pininn
11, Alterations, buildings and structures $12.00 for each $1,000 of construction value or
not orovided for in Items 1 to 10 part thereof,
SCHEDULE B - PART B
FEES PAYABLE FOR BUILDING PERMITS
For the proper interpretation and application of this Schedule, see Notes following
Minimum Building Permit Fee of $70.00
13
SCHEDULE B
FEES PAYABLE FOR BUILDING PERMITS
Notes:
1. 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 = 81 x A
where SI = Service Index for Classification of the work proposed, and
A = floor area in sq. m. of the work involved
2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or
demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair
openings, ducts, elevators, escalators). 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" or finished rate as set out in this
Schedule for these areas.
(a) Assemblv Occuoancies:
The "Assembly Occupancies. rate shall apply to the total floor area of floors, which are
principally of assembly use. Other rates shall be applied to other floors based on the principal
use of the total floor area.
(b) InstitutionalOccuoancies:
The "Institutional Occupancies" rate shall apply to the floor areas of floors, which are
principally of institutional use. Other rates shall be applied to other floors based on the
principal use of the total floor area.
(c) Residential Occuoancies:
For detached, semi-detached and townhouse dwellings, no additional fee shall apply for
decks, fireplaces, unfinished basements and attached garages proposed and constructed at
the same time as the sin gle dwelling they serve.
For the other residential occupancies, the "Residential Occupancies" rate shall apply to the
floor areas of floors, which are principally of residential use. Other rates shall be applied to
other floors based on the principal use of the total floor area.
(d) Business and Personal Services Occuoancies:
The applicable "shell" rate shall be applied to the floor areas of a speculative structure.
Finished floor areas are to be the common areas. Finished floor areas and common areas
such as lobbies, corridors and washrooms shall be calculated at the "partition" or "finished"
rate as indicated in the Schedule. Other rates shall be applied to other floors based on the
principal use of the total floor area.
(e) Mercantile Occuoancies:
The "Mercantile Occupancies. rate shall be applied to the floor areas of a speculative
structure. Finished floor areas and common areas such as lobbies, corridors and washrooms
shall be calculated at the "partition" or "finished" rate as indicated in the Schedule. Other rates
shall be applied to other floors based on the principal use of the total floor area.
(f) Industrial Occuoancies:
The "Industrial Occupancies' rate shall apply to the total floor area of floors, which are
principally of industrial use. Finished floor areas and common areas such as lobbies, corridors
and washrooms shall be calculated at the "partition" or "finished" rate as indicated in the
Schedule. Other rates shall be applied to other floors based on the principal use of the total
floor area.
3. "Construction value", as used in Item 11 of Schedule B - Part 8, means the value of the proposed
construction as determined by the chief building official, whose determination of that value shall be final.
14
SCHEDULE B
FEES PAYABLE FOR BUILDING PERMITS
4. 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.
5. For interior partitioning, floor areas used for the calculation of fees shall be 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 50 square meters.
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SCHEDULE C - PART A
DOCUMENTS & DRAWINGS REQUIRED FOR PERMIT APPLICATIONS
Row Class of Pennit Documents and Drawings Required
1(a) Building Pennlt 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 . Regional Municipality of Durham Residential
- Townhouses Development Charges Information Form
f TARION Registration Form
. Regional Connection Application for Water/Sewer
Drawings
a Approved Site Plan
b Approved Grading Plan
c Architectural Drawings
d Structural Drawings
. HV AC Drawings
f Plumbino Drawinos (4)
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 Architectural Drawings
c Structural Drawings
d HV AC Drawings
e Plumbino Drawinos (4\
2(a) Building Permit Documents
. Confirmation of compliance with applicable law
Non-residential and other residential b Acknowledgement of incom plete 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
. Land and Building Use Declaration
f Flow Control Roof Drainage Declaration
. 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
. HV AC Drawings
f Plumbing Drawings
. Electrical Drawings
h Fire Protection Drawings
I Geotechnical Report
J Specifications
2(b). Building Permit Documents
. Confirmation of compliance with applicable law
Non.J'eSidential and other residential b Acknowledgement of incomplete application
as in 2(a) , Commitment to General Reviews by Architect &
- Alterations Engineers
- Renovations d Ontario Building Code Data Matrix
- Tenant Occupancies
Drawings
a Location Plan
b Architectural Drawings
c Structural Drawings
d HVAC Drawings
. Plumbing Drawings
f Electrical Drawings
. Fire Protection Drawings
16
SCHEDULE C - PART A
DOCUMENTS & DRAWINGS REQUIRED FOR PERMIT APPLICATIONS
Row Class of PennR Documents and Drawings Required
3. Building Permits Documents
Other than row 1 to 4 a Confirmation of compliance with applicable law
b Acknowledgement of incomplete application
c Documents from rows 1 to 4, or other documents
which are applicable to the scope of work proposed
Drawings
a Drawings from rows 1 to 4 which are applicable to
the scope of work proposed
4. Change of Use Permit Documents
a Confirmation of compliance with applicable law
b Acknowledgement of incomplete application
Drawings
a Location Plan
b Architectural Drawings
c HV AC Drawings
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
. Confirmation of disconnection of services
f Structural Drawings as required
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).
17
SCHEDULE C - PART B
Itom Drawing Typo Information Required Class of Pennlt - Part A Row No.
1(. 1(b 2(a' 2/b 3 4
1. Site Plan . 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
, 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 . Signature and seal of professional engineer,
b Property lines, easements sidewalks, X X X
driveways, building location, curb cuts,
retaining walls X X X
, Existing and proposed elevations within the
site and at property lines, retaining wall
elevation, slopes of driveways, drainage flow X X X
and swales
d Location of catch basins, above and below X X
ground utilities, and connections to services
3. Architectural . 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
, 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
. Construction details including proposed walt
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
details, window sizes and height above floor
level; location and fuel type of all fireplaces X X X X X
9 Mezzanine plan showing construction,
guardrails, egress X X X
h Location and details of barrier free entrances
and barrier free washrooms
I Reflected ceiling plans, bulkhead details, X X X
horizontal service shaft details
J Roof equipment screening, anchorage for X X X
window washing, roof access
k Building cross sections showing grade, floor X X
and ceiling heights, horizontal and vertical fire
separations
X X X X X
I Enlarged sections and detail plans of
washrooms and exit stairs
Walt sections, plan and section construction X X X
m
details
n Exit stair enclosure, wall construction details, X X X
fire separations and listed design numbers,
door numbers referenced to a door schedule X X X
0 Door and hardware schedule, door and frame
details, window schedule, room finish schedule X X X
INFORMATION REQUIRED ON DRAWINGS
18
Drawing Type Information Required Class of Pennit - Part A Row No.
Rem 110\ 11b' 210' 2iii\ 3 4
4. Structural . 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 . Heating, ventilating and air conditioning
plans, service shafts, equipment layout and X X X X
schedules
b Heat loss and gain calculations, ventilation X X
design summary
c Fire damper locations, kitchen exhaust
equipment X X X X X X
6. Plumbing . 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 X X
plumbing and firestopping materials
7. Electrical . Electrical supply and distribution plans;
location of power and lighting outlets; X X X
equipment schedules; transformer locations
b Location and specification of emergency
lighting, emergency generators and exit
signage X X X
8. Fire Protection . 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
SCHEDULE C - PART B
INFORMATION REQUIRED ON DRAWINGS
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.
19
SCHEDULE D
CODE OF CONDUCT FOR BUILDING OFFICIALS
PURPOSE
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 Gode Act or
the building code.
3. To promote appropriate standards of honesty and integrity in the exercise of a power or the pertormance 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 benefrt 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 judg ment; and
6. act honestly, reasonably and professionally in the discharge of their duties.
20