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HomeMy WebLinkAbout2005-145 .THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-145 Being a by-law to provide for the administration and enforcement of the Building Code Act within the Municipality of Clarington WHEREAS subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the Municipality of Clarington is responsible for the enforcement of the Building Code Act within the Municipality of Clarington; and WHEREAS subsection 3(2) of the Building Code Act, requires that the Council shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Building Code Act within the Municipality of Clarington; and WHEREAS Section 7 of the Building Code Act authorizes the Council of a municipality to pass certain By- laws prescribing classes of permits, permit application documents, fees, inspections and other related matters. NOW THEREFORE THE COUNCiL OF THE CORPORATION OF THE MUNICIPALlITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: TITLE 1. This By-law may be cited as the Building By-law. 1 DEFINITIONS 2. (1) In this by-law (a) "Acf' means the Building Code Act, 1992, S.O. 1992, chapter 23, as amended from time to time, and any successor thereto; (b) "as constructed plans" means as constructed plans as defined in the building code; (c) "applicanf' 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; (g) "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; G) "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 building 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) "permit" means permission or authorization given, in writing, by the chief building official, (i) to perform work regulated by the Act or the building code or both, or (ii) to change the use of a building or part of a building as regulated by the 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 iicence 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 D to this By-law, with respect to exercising powers and performing duties under the Building Code Act. CLASSES OF PERMITS 5. Classes of permits with respect to the construction, demolition, 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 appiication 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-iaw. 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 Municipaiity'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 appiicant 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 Penmits (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 Schedule 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 Buiiding 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 caiculated 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 scaie. (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 (b) be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of the survey shall accompany the site plan submission, except where the chief building official waives the requirement to do so. (5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or townhouse dwelling, the chief building official may require submission of a survey prepared by an Ontario Land Surveyor indicating the location 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 g 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 transferabie to any other buiiding permit. INCOMPLETE PERMIT APPLICATIONS 9. (1) An application shall be deemed not to be complete according to sentence 2.4.1.1.B(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 compiete in all respects, but the application is determined to be incomplete or does not comply with the Act, the building code or applicable iaw, an additional fee as prescribed in Schedule B may be applied to the re-examination of documents required to be submitted by an applicant. ABANDONED PERMIT APPLICATIONS 10. (1) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) the application is incomplete according to Section 9 in this by-law and remains incomplete six months after it was submitted; (b) six months have elapsed after the applicant was notified that the proposed building, construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law; or 5 (c) the application is substantially complete, and six months have elapsed from the date upon which the applicant was notified that a permit was available to be issued. (2) Where an application is deemed abandoned, all submitted plans, specifications and documents shall be disposed of, or upon written request from the applicant, returned to the applicant. . 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 ollicial 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 B to this By-law shall apply and shall be paid prior to each Inspection being undertaken on any building, where: (a) any of the prescribed notice requirements under the building code or the additional notices required under this By-law have not been complied with by a permit holder; (b) more than two inspections are required due to construction being incomplete or not in compliance with the building code; (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 B 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 perform one or more of the specified functions described in Section 15.15 of the Act. FENCES AT CONSTRUCTION AND DEMOLITION SITES 16. (1) Where, in the opinion of the chief building official or inspector, a construction or demolition site presents a hazard to the public, the chief building official or Inspector may require the owner to erect such fences as the chief building official or inspector deems appropriate to the circumstances. (2) In considering the hazard presented by the construction or demolition site, the necessity for fences and the height and characteristics of such fences, the chief building official or inspector shall have regard for, (a) the proximity of the building site to other buildings; (b) the proximity of the construction or demolition site to lands accessible to the public; (c) the hazards presented by the construction or demolition activities and materials; (d) the feasibility and effectiveness of site fences; and, (e) the duration of the hazard. (3) Every fence required by this section shall: (a) be erected so as to fully enclose all areas of the site which present a hazard; (b) create a continuous barrier and be sufficient to deter unauthorized entry; (c) have a height not less that 1.2 metres above grade at any point, unless the chief building official or inspector determines that a greater minimum height Is necessary; (d) if constructed of plastic mesh, snow fencing or other similar materials, be securely fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to horizontal members or a minimum 11 gauge cable at the top and bottom; and (e) be maintained in a vertical plane and in good repair. 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 solid fuels and allied chimneys, (b) substantial completion of interior finishes; and/or (c) substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment. 8 (2) A notice required to be given by a permit holder to the chief building official or registered code agency pursuant to subsection 2.4.5:2 of the building code shall be given to the chief buiiding officiai 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-law comes into force and is effective on July 1, 2005. BY-LAW read a first, second and third time and finally passed this 27th day of June 2005 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 Class of Permit Reference Fee Pavable 1. Building Permit 6(3) See Part B $71 flat rate for all Single Detached Dwellings 2. Demolition Permit 6(4) and Accessory Buildings $0.18 per meters squared for All Other BuildinQs Normal fee for proposed construction plus an additional 1 0% of that fee. A minimum additional fee of $140.00 and a maximum 3. Conditional Building Permit 6(5) additional fee of $700.00 shall appiy to conditional permits. With respect to phased projects, in addition to the fee for the complete building, an additional fee of $210 for each nhase. 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(8) $141 flat fee OBC) OTHER FEES Item Tvpe of Fee Reference Fee Pavable 1. Equivalent Authorization 8 $100.00 flat fee 2. Resubmission of application 9(5) 25% of application fee found to be incomplete 3. Revision to permit 11 $70.00 flat fee 4. Transfer of permit 12 $106.00 flat fee 5. (a) Re-examination 14(5) $423 plus the fee prescribed in Part B as a - Chanoe in house model result of anv additional area 5. (b) Re-examination 14(5) 10% of applicable permit fee to a maximum of - other than 51a) $1000.00 6. Additional Inspection 14(6) $106.00 flat fee 11 SCHEDULE B - PART B FEES PAYABLE FOR BUILDING PERMITS Item BuildinCl TVDe Fee Pavable Service Index (51) $/so. m unless otherwise indicated 1. Assembly Occupancies (Group A) All Recreational Facilities, Schools, Libraries, $16.71 Places of Worship, Restaurants (Finished), Theatres, Arenas/Gymnasiums/Pools. Restaurants (Shell) $13.53 Open Public Swimming Pools $4.52 Transit Stations, Subways, Bus Terminals $12.53 All other Groun A Buildinas $16.71 2. Institutional Occupancies (Group B) Institutional, Hospitals, Nursing Homes $18.23 And other Groun B Buildinas 3. Residential Occupancies (Group C) Single Family Dwellings, Semis, Townhouses, $9.12 Duplexes, LivelWork 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 Buildings (Shell) Office Buildings (Finished), Banks, Medical $13.83 Clinics, Fire Halls and all other Group D Buildinns (Finished) 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 (U1G, Open Air) $4.25 Onen Mezzanine Construction $4.23 7. Interior alterations (Partitions, Finishings, etc.) Group A, Band D $3.18 Groun C, E and F $2.82 8. Designated Structures Communication Tower or Transmission Towers $339 flat fee On Building Crane Runway $339 flat fee Exterior Tank and Support $141 flat fee Pedestrian Bridge $141 flatfee Retaining Wall $7 per I.m. Satellite Dish, Solar Collector $85 flat fee 9. Stand Alone & Miscellaneous Work a) Permanent Tent, Air Supported Structures $7.30 b) Balcony Guards (Replacements) $2.22 per I.m. 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 per I.m. 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 flat fee 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 fee i) Portapack $11.85 q) Residential Decks, Porches, Balconies, $85 flat fee Carports r) Residental Detach or Attached Garages or $3.03 Accessorv Structure 12 SCHEDULE B - PART B s) Temporary Structures i) Tent $85 up to 2 tents ii) Trailers and Temporary Buildings $141 flat fee iii) Sales Pavilions (Construction On Site) $7.75 t) Underpinning $6.69 per I.m. u) Window Replacements $3.39 per window v) Sian (3.14 of OBC onlv) $141 flat fee 10. Stand Alone Mechanical Work (HVAC and Plumbing) 1) Permit for Heating, Ventilating and AlC (HVAC) a) SDD Type Residential Buildings (HVAC) i) Single Detached Dwelling, Semi- $169 flat fee Detached, Duplexs & Townhouses (with or without AlC) 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) Group A, Band D (HVAC) i) Assembly, Institutions, Restaurants and $1.06 Office Buildings e) Minor Alterations -All Buildings i) Ductwork only or AlC unit addition $99 flat fee ii) Add on systems, Space Heater, Make- $141 fiat 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) SDD Type Residential, Buildings $99 flat fee 2) Permit for Plumbing and Drains a) Singie Family Dwellings $12 per fixture b) Groups A, C, E and F $15 per fixture c) Group Band D $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 $85 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 Services, Sanitary and $2.31 per I.m. Storm Picina 11. Alterations, buildings and structures $12.00 for each $1,000 of construction value or not crovided for in Items 1 to 10 part thereof. 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 appiy. Calculation of Permit Fees Permit fees shall be calculated based on the formuia given below, unless otherwise specified in the schedule: Permit Fee = Sl 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 calcuiating 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 fioor 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 single 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 caiculated 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 B, 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. 15 SCHEDULE C - PART A DOCUMENTS & DRAWINGS REQUIRED FOR PERMIT APPLICATIONS Row Class of Permit Documents and Drawings Required 1(a) Building Permit Documents a Confirmation of compliance with applicable law Residential (Part 9) b Acknowledgement of incomplete application - Detached houses c Mechanical Ventilation Design Summary - Semi-detached houses d Regional Municipality of Durham Building Permit for - Triplexes Sewage System - Fourplexes e Regional Municipality of Durham Residential - Townhouses Development Charges Information Form f TARION Registration Form 9 Regional Connection Application for Water/Sewer Drawings a Approved Site Pian b Approved Grading Plan c Architectural Drawings d Structural Drawings e HVAC Drawings f Plumbinc 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 Pian b Architectural Drawings c Structural Drawings d HVAC Drawings e Plumbina Drawinas (4) 2(a) Building Permit Documents a Confirmation of compliance with appiicable law Non-residential and other residential b Acknowledgement of incomplete application not provided for in row 1 (a) or 1 (b) c Commitment to General Reviews by Architect & - New Buildings Engineers - Additions d Ontario Buiiding Code Data Matrix e Land and Building Use Declaration f Flow Control Roof Drainage Declaration 9 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 Pian b Approved Grading Plan c Architectural Drawings d Structural Drawings e HVAC Drawings f Plumbing Drawings 9 Electrical Drawings h Fire Protection Drawings i Geotechnical Report j Specifications 2(b). Building Permit Documents a Confirmation of compliance with applicable law Non-residential and other residential b Acknowledgement of incomplete application as in 2(a) c Commitment to General Reviews by Architect & - Alterations Engineers - Renovations d Ontario Building Code Data Matrix - Tenant Occupancies Drawings a Location Plan b Architectural Drawings c Structural Drawings d HVAC Drawings e Plumbing Drawings f Electrical Drawings 9 Fire Protection Drawings 16 SCHEDULE C - PART A DOCUMENTS & DRAWINGS REQUIRED FOR PERMIT APPLICATIONS Row Class of Permit 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 appiicable to the scope of work proposed 4. Change of Use Permit Documents a Confirmation of compliance with applicable law b Acknowledgement of incomplete appiication Drawings a Location Pian b Architectural Drawings c HVAC Drawings 5. Demolition Permit Documents a Confirmation of compiiance with applicable law b Acknowledgement of incomplete appiication c Commitment to General Review by Engineer d Demolition Agreement - Property Standards e Confirmation of disconnection of services f Structural Drawings as required Notes: 1. The Documents described in this scheduie 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 Municipaiity of Clarington in rows 1 (a) and 1(b). 17 SCHEDULE C - PART B INFORMATION REQUIRED ON DRAWINGS Item Drawing Type Information Required Class of Permit - Part A Row No. Hal Hbl 21al 21bl 3 4 1. Site Plan a Legal description, survey property lines, property dimensions, compass orientation, X X X X location and name of adjacent roads b Outline of all existing and proposed buildings and structures, building dimensions and their X X X X distance to property lines c Dimensions and location of parking and vehicle access and fire routes X X d Dimensions and location of barrier-free parking, curb cuts, path of travel to building X X and building access 2. Grading Plan a Signature and seal of professional engineer, b Property lines, easements sidewalks, X X X driveways, building location, curb cuts, retaining walls X X X c Existing and proposed elevations within the , site and at property lines, retaining wall elevation, slopes of driveways, drainage flow X X X and swales d Location of catch basins, above and below ground utilities, and connections to services X X 3. Architectural a Existing plans showing construction and room and space identification of all floors in the area X X X X X of proposed work or occupancy b Plans of all floors including basements complete with all rooms and room names X X X X X X c Roof plan showing roof slope, drainage, roof and roofing construction details X X X X X d Building elevations showing grade, floor and ceiling heights, overall building height, exterior X X X X X finish materials, window heights and sizes and spatial separation requirements e Construction details including proposed wall section from footing to roof, specifications of all wall, floor and roof assemblies and all building X X X X X materials and construction specifications f Stairs, guards and handrail dimensions and 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 Wall 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 18 SCHEDULE C - PART B Item Drawing Type Information Required Class of Permit - Part A Row No. Hal Hbl 2/a) 2/bl 3 4 4. Structural a Foundation plans, floor and roof framing plans, footing, column and beam schedules, X X X X X structural details and material specifications b Design specifications, live and dead loading, wind and snow loading, earthquake loading, X X X geotechnical report design basis c Structural drawings sealed by a professional engineer for all structural elements not within X X X X the scope of Part 9 of the building code d Roof and floor truss drawings sealed by a professional engineer X X X X 5. HVAC a Heating, ventilating and air conditioning plans, service shafts, equipment layout and X X X X 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 a Plumbing and drainage plans; location and sizing of under and above ground storm, X X X X X sanitary and water supply piping and appurtenances b Location of fire stopping; specifications of X X x X X plumbing and firestopping materials 7. Electrical a Electrical supply and distribution plans; location of power and lighting outlets; X X X equipment schedules; transfonmer locations b Location and specification of emergency lighting, emergency generators and exit signage X X X 8. Fire Protection a Fire hydrant locations, sprinkler and standpipe distribution plans and schedules; X X X sprinkler head layout; fire hose cabinet locations b Location and specification of emergency X X X lighting, emergency generators and exit signage; fire alarm system annunciator, diagrams and specifications c Location of smoke alarms and carbon X X X X X monoxide detectors 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 1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the chief building officiai and inspectors. ENFORCEMENT GUIDELINES The chief building official, deputy chief building official and inspectors appointed in Schedule A to this By-law shall comply with this code of conduct. Any appointed chief building official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the chief building official. Where the allegation concerns the actions of the chief building official, the matter may be brought to the attention of the senior staff person to whom the chief building official reports. Any chief building official or senior staff person who receives information, in writing, concerning a significant breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the employment standards of the place of work. All communications received by a chief building official or senior staff person concerning a breach of this code shall be held in confidence. The chief building official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion. CODE OF CONDUCT In exercising powers and performing duties under the Building Code Act, the chief building official and inspectors shall: 1. exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable law that governs the authorization, construction, occupancy and safety of buildings and designated structures, and the actions, duties and qualifications of chief building officials and inspectors; 2. act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; 3. apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; 4. not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; 5. obtain the counsel of persons with expertise where the chief building official or inspector does not possess sufficient knowledge to make an informed judgment; and 6. act honestly, reasonably and professionally in the discharge of their duties. 20