THE CORPORATION OF THE TOWNSHIP
OF LIMERICK
BY-LAW
NO. 09-98
BEING
A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION AND CHANGE OF USE PERMITS
AND INSPECTIONS.
WHEREAS
Section 7 of the Building Code Act, 1992 empowers Council to pass
certain by-laws respecting construction, demolition and change of
use permits and inspections.
NOW
THEREFORE the Corporation of the Township of Limerick ENACTS AS
FOLLOWS:
1.0
This by-law shall be known as the Building By-Law
2.0
DEFINITIONS
Act means
the Building Code Act, 1992, including amendments thereto.
As Constructed
Plans means as constructed plans as defined in the Building Code.
Building
means a building as defined in Section 1 (1) of the Act.
Building Code
means the regulations made under Section 34 of the Act.
Chief Official
means the Chief Building Official appointed by the by-law of the
Corporation of the Township of Limerick for the purpose of enforcement
of the Act.
Corporation
means the Corporation of the Township of Limerick.
Permit means
written permission or written authorization from the Chief Building
Official to perform work regulated by this by-law and the Act.
Plumbing
means plumbing as defined in Section 1 (1) of the Act.
Sewage System
means a sewage system as defined in Section 1 (1) of the Act.
3.0
CLASSES OF PERMITS
3.1
Classes of permits with respect to the construction,
demolition and change of use of buildings and permit fees shall
be as set out in Schedule A to this By-Law.
4.0
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
4.1
Revision to Permit
After the
issuance of a permit under the Act, notice of any material change
to a plan, specification, document or other information on the basis
of which the permit was issued, must be given in writing, to the
Chief Building Official together with the details of such change,
which is not to be made without his or her written authorization.
5.0
REQUIREMENTS FOR APPLICATIONS
5.1
The Application
To obtain
a permit, the owner or an agent authorized in writing by the owner
shall file an application in writing by completing a prescribed
form available at the offices of the municipality. The prescribed
form shall be as set out in Schedule D to this By-Law.
5.2
Building, Conditional and Demolition Permits
Every application
for a permit shall be submitted to the Chief Building Official,
and contain the following information:
(1)
Where application is made for a building permit under
subsection 8 (1) the Act, the application shall:
(a)
identify and describe in detail the work and occupancy
to be covered by the permit for which application is made,
(b)
describe where the work is to be done, by a description
that will readily identify and locate the building lot,
(c)
include complete plans and specifications as described
in this by-law for the work to be covered by the permit and show
the occupancy of all parts of the building,
(d)
state the valuation of the proposed work including
materials and labour and be accompanied by the required fee,
(e)
state the names, addresses and telephone numbers
of the owner, architect or engineer, where applicable, or other
designer or constructor,
(f)
be accompanied by a written acknowledgement of the
owner that he has retained an architect or professional engineer
to carry out the field review of the construction where required
by the Building Code, and
(g)
be signed by the owner or his or her authorized agent
who shall certify the truth of the contents of the application.
(2)
Where application is made for a demolition permit
under subsection 8 (1) of the Act, the application shall:
(a)
contain the information required by clauses (1)
(a) to (g), and
(b)
be accompanied by satisfactory proof that arrangements
have been made with the proper authorities for the cutting off and
plugging of all water, sewer, gas, electric, telephone or other
utilities and services.
(3)
Where application is made for a conditional permit
under subsection 8 (3) of the Act, the application shall:
(a)
contain the information required by clauses (1)
(a) to (g), and
(b)
contain such other information, plans and specifications
concerning the complete project as the chief building official may
require,
(c)
state the reasons why the applicant believes that
unreasonable delays in construction would occur if a conditional
permit is not granted,
(d)
state the necessary approvals which must be obtained
in respect of the proposed building and the time in which such approvals
will be obtained, and
(e)
state the time in which plans and specifications
of the complete building will be filed with the chief building official.
5.3
Change of Use Permits
Every application
for a change of use permit issued under subsection 10 (1) of the
Act shall be submitted to the Chief Building Official, and shall
(1)
describe the building in which the occupancy is to be changed,
by a description that will readily identify and locate the building,
(2)
identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made,
(3)
include plans and specifications showing the current
and proposed occupancy of all parts of the building, and which contain
sufficient information to establish compliance with the requirements
of the Building Code, including: floor plans; details of wall, ceiling
and roof assemblies identifying required fire resistance ratings
and load bearing capacities, details of the existing sewage system,
if any,
(4)
be
accompanied by the required fee,
(5)
state
the name, address and telephone number of the owner,
(6)
be
signed by the owner or his or her authorized agent who shall certify
the truth of the contents of the application.
5.4
Equivalents
Where an application
for a permit or for authorization to make a material change to a
plan, specification, document or other information on the basis
of which a permit was issued, contains an equivalent material, system
or building design for which authorization under section 9 of the
Act is requested, the following information shall be provided:
(1)
a
description of the proposed material, system or building design
for which authorization
under section 9 of the Act is requested,
(2)
any
applicable provisions of the Building Code.
(3)
evidence
that the proposed material, system or building design will provide
the level of performance required by the Building Code.
5.5
Sewage System Permits
Every application
for a sewage system permit shall be submitted to the Chief Building
Official, and contain the following information:
(1)
the information required by clauses
(1) (a) to (g)
in respect to building permits, (see 5.2, clauses (1)
(a) to (g) above).
(2)
the name, address, telephone number and license number
of the person installing the sewage system.
(3)
where the person named in (2) above requires a license
under the Act and the Building Code,
(a)
the number and date of issuance of the license, and
(b)
the name of the qualified person supervising the
work to be done under the sewage system permit,
(4)
a site evaluation which shall include all of the
following items, unless otherwise specified by the Chief Building
Official:
(a)
the date the evaluation was done,
(b)
name, address, telephone number and signature of
the person who prepared evaluation,
(c)
a scaled map of the site showing
(i) the legal
description, lot size, property dimensions, existing rights-of-way,
easements or municipal/utility corridors,
(ii) the location
of items in Column 1 of Tables 8.2.1.5.A., 8.2.1.5.B. and 8.2.1.5.C.,
(iii) the
location of the proposed sewage system,
(iv) the location
of any unsuitable, disturbed or compacted areas and,
(v) proposed
access routes for system maintenance.
(d)
depth to bedrock,
(e)
depth to zones of soil saturation,
(f)
soil properties, including soil permeability, and
(g)
soil conditions, including the potential for flooding.
6.0
PLANS AND SPECIFICATIONS
6.1
Sufficient information shall be submitted with each
application for a permit to enable the Chief Building Official to
determine whether or not the proposed construction, demolition or
change of use will conform with the Act, the Building Code and any
other applicable law.
6.2
Each application shall, unless otherwise specified
by the Chief Building Official, be accompanied by two complete sets
of the plans and specifications required under this by-law.
6.3
Plans shall be drawn to scale on paper, cloth or
other durable material, shall be legible and, without limiting the
generality of the foregoing, shall include such working drawings
as set out in Schedule B to this By-Law.
6.4
The Site Plan
Site Plans
shall be referenced to an up-to-date survey and, when required to
demonstrate compliance with the Act, the Building Code or other
applicable law, a copy of the survey shall be submitted to the Chief
Building Official.
6.5
Site Plans shall show:
(1)
lot size and the dimensions of property lines and
setbacks to any existing or proposed buildings,
(2)
existing and finished ground levels or grades, and
(3)
existing rights-of-way, easements and municipal services.
7.0
PAYMENT OF FEES
7.1
Fees for a required permit shall be set out in Schedule
A to this By-Law and are due and payable upon submission of an
application for a permit.
8.0
REFUNDS
8.1
In the case of withdrawal of an application or abandonment
of all or a portion of the work or the non-commencement of any project,
the Chief Building Official shall determine the amount of paid permit
fees that may be refunded to the applicant, if any, in accordance
with Schedule C attached to and forming part of this By-Law.
9.0
NOTICE REQUIREMENTS FOR INSPECTION SECTION 7 (e)
The owner
or an authorized agent shall notify the Chief Building Official
at least 1 business day prior to each stage of construction for
which notice in advance is required under the Building Code.
10.0
PRESCRIBING FORMS CLAUSE 7 (f)
The forms
prescribed for use as applications for permits, for orders and for
inspection reports shall be as set out in Schedule D to this By-Law.
11.0
AS CONSTRUCTED PLANS
The Chief
Building Official may require that a set of plans of a building
or any class of buildings as constructed be filed with the Chief
Building Official on completion of construction under such conditions
as may be prescribed in the Building Code.
12.0
RENEWAL
Building permits
shall be renewed a further one year upon payment of fee as set out
in Schedule A to this By-Law.
13.0
SCHEDULES
All attached
schedules shall form part of this By-Law.
14.0
SEVERABILITY
Should any
Section, Sub Section, Clause or Provision of this By-Law be declared
by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of this By-Law as a whole or any part thereof,
other than the part so declared to be invalid.
15.0
DATE AND EFFECT
This By-Law
shall come into force and effect upon final passage by the Township
Council and any other By-Law of a similar nature heretofore passed
is hereby repealed.
READ
A FIRST TIME THIS 5th DAY OF
May, 1998.
READ
A SECOND TIME THIS
5th
DAY OF May,
1998.
READ
A THIRD TIME AND FINALLY PASSED THIS
5th
DAY OF May, 1998.
________________________________
REEVE W. Moffatt
SEAL
________________________________
CLERK C. Baker
SCHEDULE
A
This
is Schedule A to By-Law No. 09-98 Respecting
Classes
of Permits and Fees
CLASS
OF PERMIT AND FEES
1.
Building permits shall be applicable to construct,
repair, renovations, extensions and/or enlargement of buildings
and structures, including agricultural and farm buildings.
(a)
A fee of $25.00 for the first $1,000.00 of value
plus $4.00 for each $1,000.00 value or portion thereafter.
(b)
Figures on a basis of $55.00 a square foot for the
main floor and $30.00 a square foot for each additional floor.
(c)
Commercial and industrial building charged at a rate
of $45.00 a square foot.
2.
Demolition Permit Flat Rate
$50.00
3.
Moving Permit (relocation of building on Property) Flat
Rate $50.00
4.
Swimming Pools Flat Rate $50.00
5.
Chimneys Flat Rate $50.00
6.
Conditional Permits same as Building Permits
7.
Garages, hunt camps, decks, accessory and unattached
buildings.
(a)
A fee of $25.00 for the first $1,000.00 of value
plus $4.00 for each $1,000.00 value or portion thereafter.
(b)
Figures on a basis of $12.00 a square foot.
8.
Plumbing Permits
(a)
If included with Building Permit
1st
Stack $5.00
Each Additional
Stack $1.00
Per Fixture $5.00
(b) Plumbing
Permits Only $15.00
PLUS Stack and Fixture charges as outlined
8 (a) of this schedule
9.
Renewal of Building Permits Flat Rate
$25.00
10. Sewage
System Permit
(a) Class 4 and 5 sewage system
$300.00
(b) Administrative Fee to Inspect Privy
$75.00
(Class 1, 2 and 3
Sewage System)
11. Construction
Started Before Permit Issued:
Penalty Equal To Cost Of Permit
(effective 01-May-02/motion
no.235-01)
PLUS Cost Of Permit Fee Required
SCHEDULE
B
This
is Schedule B to By-Law No. 09-98 Respecting
List
of Plans or Working Drawings to Accompany Applications
1.
The Site Plan
2.
Floor Plans
3.
Foundation Plans
4.
Sections and Details
5.
Building Elevations
SCHEDULE
C
This
is Schedule C to By-Law No. 09-98 Respecting
Refunds
Status
of Permit Application
Percentage of Fee Eligible for Refund
1. Application
filed.
80 90%
No processing or review of plans
submitted.
2. Application
filed.
60 80%
Plans reviewed and permit issued.
3. Additional
deduction for each field
5 10%
inspection that had been performed.
4. Permits
valued at less than $3,000.00
0%
SCHEDULE
D
This
is Schedule D to By-Law No. 09-98 Respecting
Forms
Form 1
Application for Building Permit
Form 2
Application for Sewage System Permit
Form 3
Site Plan
Form 4
Building Permit
Form 5
Demolition Permit
Form 6
Inspection Report
Form 7
Order to Comply
Form 8
Stop Work Order
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