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4079 To provide for the administration and enforcement of the Building Code Act with respect to the establishment & requirement of the payment of fees for information and services---------------'L 1 BY-LAW NO. 4079 OF The Corporation of the Town of Tillsonburg Being a By-law to provide for the administration and enforcement of the Building Code Act and with respect to the establishment and requirement of the payment of fees for information and services. WHEREAS, Section 3.(1) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality is responsible for the enforcement of the Building Code Act, 1992, as amended, in the municipality; AND WHEREAS Section 7 of the Building Code Act, S.O. 1992, c.23, as amended, empowers council to pass By-laws respecting permits for construction, demolition, occupancy, change of use, on-site sewage system and conditional permits and respecting inspections and the charging of permit fees and other related matters; AND WHEREAS Section 7 of the Building Code Act, S.O. 1992, c.23, as amended, empowers council to pass By-laws to establish an On-site Sewage system Maintenance Inspection Program and the charging of service fees for the recovery of costs associated with the administration of said program; NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE 1.1 This by-law shall be known as the "Building By-law". 2. DEFINITIONS 2.1 Act-shall mean the Building Code Act, 1992, S.O. 1992, c.23, as amended. 2.2 Alternative Solution -means a substitute for an acceptable solution as set out in Parts 3 to 12 of Division B of the Building Code; 2.3 Applicable Law-shall mean applicable law as defined in Section 1.1 .3.3 of the Building Code. 2.4 Applicant-shall mean the owner or authorized agent of an owner of a building or property who applies for a permit or any person or Corporation empowered by statute to cause the construction or demolition of a building or buildings and anyone acting under the authority of such person or Corporation. 2.5 Application -shall mean a form as prescribed in the Regulations, by the Minister or any additional form created and required by the Municipality. 2.6 As Constructed Plans-shall mean as constructed plans as defined in the Act. 2. 7 Architect-shall mean a holder of a licence, a certificate of practice, or a temporary licence issued under the Architect's Act as defined in the Building Code . --------------------c .----\i t PAGE2 2.8 Authorized Agent -shall mean a person authorized to act on behalf of the owner of a property or building. 2.9 Building -shall mean a building as defined in Section 1 (1) of the Act or a farm building as defined in the National Farm Building Code of Canada. 2.1 0 Building Code -shall mean the Regulations made under Section 34 of the Act. 2.11 Building Inspector-shall mean the Chief Building Official, Deputy Chief Building Official, and inspector, appointed by by-law by the Town of Tillsonburg for the purposes of enforcement of the Act. 2.12 Change of Use Permit-shall mean a permit issued by the Chief Building Official under Section 10 of the Act for the change of use of a building or part thereof. 2.13 Chief Building Official -shall mean the Chief Building Official or Chief Official as appointed by the Corporation of The Town of Tillsonburg for the purposes of enforcement of the Act. 2.14 Conditional Permit-shall mean a permit issued by the Chief Building Official under Section 8.3 of the Act. 2.15 Construct-shall mean construct as defined in subsection 1 (1) of the Act. 2.16 Corporation-shall mean The Corporation of The Town of Tillson burg 2.17 Demolish -shall mean demolish as defined in subsection 1 (1) of the Act. 2.18 Director-shall mean the person appointed as director under Section 2 of the Act. 2.19 Form means the applicable provincial or municipal prescribed document; 2.20 Minister-shall m~an the Minister of Municipal Affairs and Housing. 2.21 Municipality-shall mean The Town of Tillsonburg 2.22 Occupancy Certificate -shall mean permission to occupy or conditionally occupy. 2.23 Partial Permit-shall mean a partial permit issued by the municipality prior to the issuance of a permit for construction of part of a building. 2.24 Permit-shall mean permission or authorization in writing by the Chief Building Official to perform work, to change the use of a building or part thereof, or to occupy a building or part thereof, as regulated by the Act and Building Code. 2.25 Permit Holder-shall mean the 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. PAGE3 2.26 Plumbing -shall mean plumbing as defined in the Act. 2.27 Principal Authority-shall mean principal authority as defined in the Act. 2.28 Professional Engineer-shall mean a person who holds a licence or a temporary licence under the Professional Engineer's Act as defined in the Building Code. 2.29 Registered Code Agency-means a person that has the qualifications and meets the requirements described in subsection 15.11(4) of the Act; 2.30 Regulations-shall mean the Regulations passed pursuant to the Act. 2.31 Sewage System-shall mean a sewage system as defined in Section 1 (1) of the Act. 2.32 Statutory Holiday-shall mean those statutory holidays as defined in the Interpretation Act. 2.33 Swimming Pool -means any body of water located outdoors on a privately owned Lot, whether above or below finished grade, and whether suitable or not for swimming, diving or both , provided that such body of water: i) is contained at least in part by artificial means; ii) has one or more points with a depth that may exceed 610 mm (24 inches); and iii) has a potential liquid surface area exceeding 2.0 metres2 (21 .5 feeF) iv) not included in this definition is a hydro massage pool as defined in the Pool Enclosure By-law equipped with a lockable lid or cover. 2.34 Value of Construction-means the total value of construction for a project and includes but not limited to : i) Cost of materials installed and erected . ii) Cost of labor and equipment. iii) Contractor's overhead and profit chargeable to the project. iv) Cost of design, consultant fees/work, etc. v) Interest and taxes paid during construction. 2.35 Work-shall mean construction or demolition of a building or part thereof, as the case may be and includes a change of use as regulated by the Building Code. 2.36 Working Day-shall mean Monday to Friday inclusive but shall exclude statutory holidays. 2.37 Word-any word or term not defined in this by-law, that is defined in the Act or Building Code shall have the meaning ascribed to it in the Act or the Building Code. 3. CLASSES OF PERMITS 3.1 The classes of permits established within this by-law are set out in Schedule 'A' forming part of this by-law. PAGE4 4. GENERAL PROVISIONS FOR PERMITS 4.1 A permit is required for all construction, demolition and change of use as regulated under the Building Code Act. 4.2 A permit is required for all swimming pools as defined in this by- law. 4.3 In order to obtain a permit, the owner or authorized agent shall file an application, in writing. 4.4 Every application for a permit shall be submitted to the Chief Building Official and shall contain the information as outlined in Section 5 forming part of this by-law. 4.5 After the issuance of a permit, and prior to any changes in construction, application shall be made in writing to the Chief Building Official for any revision of the permit. 4.6 A permit may be transferred if the new landowner completes a permit application form in accordance with the requirements of this by-law. 4.7 With regard to Section 4.5 of this by-law, the new owner shall, upon a transfer of a permit, be the permit holder for the purpose of the Act and the Building Code. 4.8 All classes of permits are subject to the Town's Design Criteria By- Law. 5. APPLICATIONS 5.1 Every application for a permit shall be made in the form prescribed by the Minister, as amended. 5.2 Every application shall be submitted with sufficient information as required by the Chief Building Official to enable the Chief Building Official to determine whether or not the proposed construction, demolition, change of use or transfer of permit will conform to the Act, the Building Code and any other applicable law. 5.3 Without limiting the generality of the foregoing, and except as otherwise permitted by the Chief Building Official, every application shall include information as contained in Schedule 'C' forming part of this by-law. 6. PARTIAL PERMITS 6.1 When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project, an application shall be made in the prescribed form and all applicable fees shall be paid for the complete project. 6.2 In addition to Section 6.1, complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official. 6.3 Where a partial permit is requested, the application shall be deemed to be incomplete. PAGES 6.4 A partial permit shall not be construed to authorize construction beyond the plans for which approval was given nor shall it be construed to mean that approval will necessarily be granted for the entire building or project. 6.5 No work beyond that which was granted for the partial permit may be carried out without permission and full permit issuance by the Chief Building Official. 7. CONDITIONAL PERMIT 7.1 Where an application is made for a conditional permit under subsection 8(3) of the Act, the application shall contain all the requirements as outlined in Schedule 'D' forming part of this by-law. 7.2 An application for a conditional permit shall be made on the form prescribed by the Minister. 8. CHANGE OF USE PERMITS 8.1 Where an application is made for a change of use permit issued under subsection 1 0(1) of the Act, the application shall contain all information as required under Schedule 'E' forming part of this by- law. 8.2 An application for a change of use permit shall be made on a form as prescribed by the Municipality. 9. BUILDING PERMITS 9.1 Where application is made for a building permit under subsection 8(1) of the Act, the application shall: 9.1.1 be made on the form as prescribed by the Minister; 9.1 .2 Include complete plans and specifications, documents and other information as required by Part 1 of Division C of the Building Code and as described in this by-law for the work to be covered by the permit. 10. DEMOLITION PERMITS 10.1 Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall be made on the form as prescribed by the Minister. 1 0.2 All applications for demolition permits shall contain the information required in Schedule 'F' forming part of this by-law. 11. TEMPORARY PERMITS 11.1 A restricted permit for a temporary building may be issued by the Chief Building Official authorizing, for a limited time only, the erection or existence of a building or part thereof by submitting a deposit as prescribed in Schedule 'A' forming part of this by-law. 11 .2 A permit for a temporary building may be extended provided permission in writing is granted by the Chief Building Official. 11.3 An application for a temporary permit will be accompanied by whatever documentation deemed appropriate by the Chief Building Official. 12. WATER AND SEWER CONNECTION PERMITS 12.1 Shall be made on the prescribed form. 12.2 Shall contain such information as the Chief Building Official requires. 13. SWIMMING POOL PERMITS 13.1 Shall be made on the prescribed form. PAGE6 13.2 In accordance with The Town ofTillsonburg Pool Enclosure By- Law. 13.3 Be accompanied by a building I pool location sketch prepared based on a survey unless otherwise required by the Chief Building Official. 13.4 Grading plans are required in accordance with The Town of Tillsonburg Design Criteria By-law. 14. PLANS AND SPECIFICATIONS 14.1 Each application shall, unless otherwise specified by the Chief Building Official, be contain information as listed in Schedule 'G' forming part of this by-law. 14.2 Plans and specifications furnished according to this by-law or otherwise required by the Act become the property of the Corporation and will be disposed of or retained in accordance with relevant legislation. 14.3 On the completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of a building. 15. ARCHITECTURAL DRAWINGS 15.1 Where architectural are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule 'H' forming part of this by-law. 16. MECHANICAL AND ELECTRICAL DRAWINGS 16.1 Where mechanical and/or electrical drawings are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule 'I' forming part of this by-law. 17. STRUCTURAL DRAWINGS 17.1 Where structural drawings are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule 'J' forming part of this by-law. 18. SOIL REPORTS 18.1 Where the Chief Building Official requires a soil report, one copy of such report shall be submitted. 18.2 Slope Stability Reports-where required. PAGE7 19. FEES 19.1 Fees for a required permit shall be in accordance with Schedule 'A' forming part of this by-law. 19.2 Where the fees are based on the estimated total value of construction the proposed work, such cost or estimated value shall mean the total cost of all work regulated by the permit including the cost of all material, labour, equipment, overhead and professional and related services. 19.3 The Chief Building Official shall place an estimated value on the cost of work and whether or not the permit applicant or holder disagrees with this estimated value, the prescribed fee shall be paid before the issuance of a permit. 19.4 Upon completion of the work, if the actual total value of construction of the work was less than the estimated value placed by the Chief Building Official, an audited statement shall be submitted detailing the cost of all component parts of the work, if a refund is being sought by the applicant. 19.5 If the statement referred to in Section 19.4 contains the cost of all components and parts of the work upon which the estimated value was required to be based, the Chief Building Official shall value the work in accordance with the audited statement and issue the appropriate refund, if any. 19.6 At the discretion of the Chief Building Official, a fee may be charged for inspections where, in the opinion of the Chief Building Official, the owner or his authorized agent has been negligent in preparing the work for a notified required inspection and an additional site visit and inspection is required of the inspector and such fee shall be prescribed in Schedule 'A' forming part of this by-law. 19.7 Additional fee charged as a result of negligence noted in 19.6 shall be paid prior to scheduling the next required inspection or deducted from the security deposit under Section 19.14. 19.8 With respect to work commenced prior to permit issuance or permit application, the permit fee prescribed shall be increased at the rate as prescribed in Schedule 'A' forming part of this by-law. In no case shall the additional fees exceed $10,000.00. 19.9 Non-payment of fees assessed under Section 19.6 and 19.8 of this by-law shall cause the occupancy certificate to be withheld. 19.10 In the case of withdrawal of an application, or the abandonment of all or a portion of the work, or refusal of a permit, 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 '8' forming part of this by-law. 19.11 In regard to Section 4.6 of this by-law, a fee shall be payable on an application for a transfer of permit as provided in Schedule 'A' forming part of this by-law. 19.12 In addition to every other remedy available at law, fees that are due and unpaid may be added to the tax roll of the property of the Owner, and may be collected in like manner as municipal taxes. PAGES 19.13 All fees as set out in Schedule 'A' shall be adjusted by the Consumer Price Index and approved by the Town's Rates and Fees By-Law annually and shall be; (a) Rounded to the nearest cent where the fee is based on a rate per $1,000.00 in value of construction. (b) Rounded to the nearest dollar for all other fees. 19.14 A refundable security deposit will be paid to the Town to assure total completion of work required under the permit taken. The amount will be based on one (1) percent of the permit value to a maximum of one thousand dollars. The deposit will be held without interest until final inspection and the permit is closed. The deposit will be returned in full, less the required inspection fees if applicable. If an extension is not requested in writing and granted then the deposit will be forfeited at the end of a one year period after issuing the permit. The security deposit applies to all classes of permits except the following: (a) Residential decks and sheds. (b) Demolitions. (c) Water and Sewer Connections. (d) Project with a value of construction less than $10,000.00. (e) Approved owner/contractor/permit holder by the Chief Building Official based on performance as per 19.15 19.15 An approved owner/contractor/permit holder as per 9.14(e) will qualify if the owner/contractor/permit holder: (a) has not forfeited a deposit as a result of outstanding deficiencies. (b) does not have open building permits for longer than 12 months after permit issuance without an extension. (c) does not have open building permits for longer than 12 months after occupancy. (d) has not permitted occupancy of a building prior to the issuance of an occupancy certificate. (e) does not have any outstanding orders or by-law infractions. 19.16 The fee in 19.14 shall be forfeited in full if the building the permit that the building was applied for has been occupied prior to issuance of an occupancy certificate. 20. NOTICE REQUIREMENTS FOR INSPECTIONS 20.1 The owner or an authorized agent shall notify the Chief Building Official at least two working days prior to each stage of construction for which notice in advance is required under the Building Code and Schedule "K" of this By-Law. 21. REVOCATION OF PERMITS 21.1 Prior to revoking a permit under subsection 8(1 0) of the Act, the Chief Building Official may serve a notice by personal service or registered mail at the last known address to the permit holder, and, following a thirty (30) day period from the date of service, the Chief Building Official may revoke the permit if grounds to revoke still exist without any further notice. 21.2 A permit holder may, within thirty (30) days from the date of service of a notice under Section 20.1 of this by-law, request in writing that the Chief Building Official defer the revocation by stating the reasons why the permit should not be revoked. PAGE9 21.3 The Chief Building Official having regard to any changes to the Act, the Building Code or other applicable law, may allow the deferral in writing. 21.4 A request for deferral shall be accompanied by the non-refundable fee therefore set out in Schedule 'A' forming part of this by-law. 22. CODE OF CONDUCT 22.1 The Code of Conduct and associated policies, as required under Section 7.1 of the Act, are set out in the Schedule "L" of this by-law. 23. DELEGATED AUTHORITY 23.1. The Council of the Corporation hereby delegates to the Chief Building Official the power to enter into agreements prescribed by the Corporation and described in clause 8.(3)(c) of the Act relating to the issuance of a Conditional Permit. 23.2. Where the Corporation enters into an agreement with a Registered Code Agency, the Chief Building Official is authorized to enter into a service agreement with a Registered Code Agency to perform one or more of the functions prescribed in Section 15.15 of the Act in respect of the construction or demolition of a building or class of buildings. 24. FENCES AT CONSTRUCTION AND DEMOLITION SITES 24.1. 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 to prevent unauthorized entry to the site. 24.2. In considering the hazard presented by the construction or demolition site to be fenced, the Chief Building Official or inspector shall have regard for: (a) The proximity of the building site to other buildings that are occupied; (b) The proximity of the construction or demolition site too lands accessible to the public; (c) The hazards presented by the construction or demolition activities and materials; (d) The effectiveness of site fences; and (e) The duration of the hazard. 24.3. Every fence required under this By-law shall: (a) create a continuous barrier to sufficiently deter unauthorized entry to the construction or demolition site to the satisfaction of the Chief Building Official or inspector (b) be erected and maintained in a nominally vertical plane and maintained in good repair; and (c) be a minimum of 1.2 m in height and shall not exceed the maximum height as set out in the Corporation's Fence By- Law. PAGE 10 25. ENFORCEMENT 25.1 This by-law shall be enforced by a Building Inspector as defined in the by-law. 26. ORDERS BY A BUILDING INSPECTOR 26.1 Orders may be issued under the authority of the Act and this By- Law by a Building Inspector in order to ensure compliance with the Act, Building Code or this By-Law 26.2 No person shall remove an order posted by a Building Inspector. 26.3 No person shall fail to comply with a term of an order. 26.4 No person shall perform or permit any actions in the construction or demolition of a building in which a stop work order has been issued. 27. PENALTY 27.1 Subject to subsection 25.2, any Person who contravenes a provision of this By-law, and an officer or director of a corporation in the event of a contravention by a corporation, is guilty of an offence and upon conviction is liable to a fine or penalty as follows: (a) for a first offence, a minimum of $200.00 and a maximum of $5,000.00; (b) for a second offence, a maximum of $15,000.00; and (c) for a third or subsequent offence, a maximum of $30,000.00. 27.2 Any Person who contravenes any order made under this By-law, or an officer or director of a corporation in the event of a contravention by the corporation, is guilty of a continuing offence and upon conviction is liable to a daily fine or penalty of a maximum of $2,500.00 for each day or part of a day that the offence continues, and despite subsection 25.1 the total of all the daily fines imposed for an offence is not limited by the maximums listed in subsection 27.3 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, (a) prohibiting the continuation or repetition of the offence by the Person convicted; and (b) requiring the Person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 27.4 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any extension of time for payment ordered under that section, the Town may give the Person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice. 27.5 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act. PAGE 11 27.6 In accordance with sections 441.1 of the Municipal Act, any part of a fine or cost owing pursuant to this by-law or a related provincial offence may be added to the tax roll for any property in the Town of Tillsonburg for which all of the Owners are responsible for paying the fine or cost, and collect such fine or cost in the same manner as municipal taxes. 28. SEVERABILITY 28.1 In the event any section or sections of this By-law or parts of it are found by a Court to be illegal or exceed the power of the Council to enact, such section, or sections, or parts thereof shall be deemed to be severable and all other sections, or parts of this By-law shall be deemed to be separate and independent and shall continue in full force. 29. REPEAL 29.1 All existing Town of Tillsonburg Building By-law and any amendments thereto are hereby repealed in their entirety. 30. EFFECTIVE DATE 30.1 This by-law shall become effective upon the passing thereof. READ A FIRST AND SECOND TIME THIS 13th DAY of February, 2017. NO FINAL TIME AND PASSED THIS 13th DAY of February, 2017. TOWN CLERK-Donna Wilson PAGE 12 SCHEDULE 'A' TO THE TOWN OF TILLSONBURG BY-LAW 4077 CLASSES OF PERMITS AND PERMIT FEES OR AS AMENDED BY THE TOWN'S CURRENT RATES & FEES BY-LAW CLASS OF PERMIT RATE Residential -New Low Density -Minimum permit fee $2,250.00 Single Detached & Townhouses or $125.00 Flat Rate+ $11.00 per each additional $1000.00 in value of construction -whichever is greater -plumbing permit fees included Residential -Mobile Homes, Low $125.00 Flat Rate+ $11.00 per each additional $1000.00 in Density, Medium Density, High value of construction. Density, Additions, Alterations, etc. -plumbing permit fees included ICI-New $125.00 Flat Rate+ $11.00 per each additional $1000.00 in value of construction. -plumbing permit fees included ICI Major $1,000.00 Flat Rate + $11.00 per each additional $1000.00 in Alterations/Renovations/Additions value of construction. (> $75,000) -plumbing permit fees included ICI Minor $250.00 Flat Rate+ $11.00 per each additional $1000.00 in Alteration/Renovations/ Additions value of construction. ($75,000 or less) -plumbing permit fees included Decks, Sheds, Accessory $125.00 Flat Rate+ $11.00 per each additional $1000.00 in Buildings, Swimming Pools, etc. value of construction. Part 9 Residential Demolition $125.00 Demolition -all others $500.00 Water Connection, Sewer $75.00 Connection or Repair Change of Use Permit (no $250.00 construction) Conditional Permit Agreement 500.00 Temporary Building Deposit $2,000.00 Alternative Solution Review $500.00 + cost of peer review Occupant Load Inspection $75.00/hr Analysis & Report AGCO Agency Approval $75.00 Re-inspection $75.00 Issue Order $100.00 Transfer Permit $100.00 Construction w/o Permit Double the initial permit rate PAGE 13 SCHEDULE '8' TO THE TOWN OF TILLSON BURG BY -LAW 4077 REFUND OF PERMIT FEES 1. The fees that may be refunded shall be a percentage of the fees payable under this by-law as follows: (a) Building Permits and Demolition Permits (i) 80 percent if administrative functions only have been performed; (ii) 70 percent if administrative and zoning functions only have been performed; (iii) 45 percent if administrative, zoning and plan examination functions only have been performed; (iv) 35 percent if the permit has been issued and no field inspections have been performed subsequent to permit issuance; (v) 10 percent shall additionally be deducted for each field inspection that has been performed after the permit has been issued. 2. Temporary Building Deposits will be refunded upon removal of the temporary building or at the discretion of the Chief Building Official. 3. Notwithstanding Section 1 above, no refund shall be made of a fee in the amount of less than $200.00. PAGE 14 SCHEDULE 'C' TO THE TOWN OF TILLSON BURG BY -LAW 4077 APPLICATION REQUIREMENTS 1. Identify and describe in detail, what is acceptable to the Chief Building Official, the work and proposed occupancy to be covered by the permit for which application is made. 2. The application shall include a description of the land on which the work is to be done in a manner that will readily identify and locate the building lot. 3. The application shall be accompanied by plans and specifications in accordance with Section 12 and Schedule 'G' of this by-law, unless otherwise approved by the Chief Building Official, and show the proposed the occupancy of all parts of the building. 4. The application shall state the total estimate value of construction and be accompanied by the prescribed fee. 5. The application shall include the names, addresses, telephone numbers, email addresses of the owner, authorized agent, architect, professional engineer or designer and constructor. 6. The application shall be accompanied, where applicable, by a written acknowledgment of the owner that an architect or professional engineer has been retained to carry out the field review of the construction 7. The application shall be signed by the owner or authorized agent who shall certify the truth of the contents of the application. 8. The application shall include a civic addressing property number assigned by the municipality for emergency response. 9. An application for a permit that is incomplete or inactive six months after it is initially made shall be deemed by the Chief Building Official to have been abandoned. 10. Where an application has been deemed to be abandoned, a new application must be filed for the proposed work. PAGE 15 SCHEDULE 'D' TO THE TOWN OF TILLSON BURG BY -LAW 4077 CONDITIONAL PERMITS 1. All conditional permit applications shall include complete plans and specifications, documents and other information as required by the Building Code and as described in this by-law for the work covered by the permit; 2. Be accompanied by the plans and specifications prescribed by this By-law and any associated information or approvals required to demonstrate compliance with any applicable law; 3. Include a completed Conditional Permit application form as prescribed by the Chief Building Official; 4. State in writing to the Chief Building Official the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; 5. State the necessary approvals which must be obtained in respect of the proposed building and the date or time by which such approvals will be obtained; 6. Be accompanied by a Conditional Permit Agreement form, authorized by the Act, which must be signed by the owner or an authorized agent who has the authority to bind the owner; 7. In the event that the conditions have not been satisfied beyond the date that is prescribed in a Conditional Permit Agreement, the agreement shall be considered as expired, all work shall stop and a request for an extension shall be made by the permit holder; 8. Be accompanied by a security deposit under the terms of the Conditional Permit Agreement; and 9. In addition to fees prescribed for the Construction Permit application, be accompanied by all Permit fees that are set out in Schedule 'A'. 10. Consideration of an application for Conditional Permit is at the sole discretion of the Chief Building Official and, if considered, shall not be construed to authorize construction beyond the scope for which conditional approval is given or that a Construction Permit will necessarily be issued. PAGE 16 SCHEDULE 'E' TO THE TOWN OF TILLSONBURG BY-LAW 4077 CHANGE OF USE PERMITS 1. Include a completed permit application form as prescribed by the Chief Building Official; 2. Be accompanied by the plans and specifications prescribed by this By-law and any associated information or approvals required to demonstrate compliance with the Building Code and any applicable law; 3. Describe the building in which the occupancy is to be changed by a description that will readily identify and locate the building; 4. Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made; 5. Include plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the requirements of the Building Code, including, but not limited to, floor plans, details of wall, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities and details of the existing on-site sewage system, if any; 6. Be accompanied by a report from a qualified person as prescribed by the Building Code confirming that the change of use will not result in an increase in hazard; 7. Be accompanied by all fees that are set out in Schedule 'A'; and 8. State the name, address, telephone number, fax number and email address of the owner. PAGE 17 SCHEDULE 'F' TO THE TOWN OF TILLSONBURG BY -LAW 4077 DEMOLITION PERMITS 1. Include a completed permit application form as prescribed by the Building Code; 2. Be accompanied by the plans and specifications prescribed by this By-law and any associated information or approvals required to demonstrate compliance with any applicable law; 3. Be accompanied by all fees that are set out in Schedule 'A' ; 4. State the names, addresses, telephone numbers, fax numbers and email addresses of the owner and of the Architect, professional engineer, designer, contractor or constructor, where applicable; 5. Be accompanied by a completed Comm itment to General Reviews form as prescribed by the Chief Building Official when the Building Code requires a professional engineer to undertake the general review of the demolition; and 6. Be accompanied by proof satisfactory to the Chief Building Official that arrangements have been made with the proper authorities, where applicable, for the disconnection and capping of all water, sewer, gas, electric, telephone or other utilities and services on a form prescribed by the Chief Building Official. PAGE 18 SCHEDULE 'G' TO THE TOWN OF TILLSONBURG BY-LAW 4077 PLANS AND SPECIFICATIONS 1. All applications shall be accompanied by two complete set of the plans and specifications as described in this by-law and Schedule 'C' forming part of this by-law. 2. Applications and plans required in 1. may be required in a digital format as prescribed by the Chief Building Official. 2. Plans shall be drawn to scale (min. 1 :75 or 3/16" = 1') on paper or electronic media approved by the Corporation or other durable material and shall be legible. 3. Site plans shall be referenced to an up-to-date survey, indicating the legal description (lot, block, plan, concession) 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. 4. Further to the aforementioned, all site plans shall show: 4.1 lot size and the dimensions of the property lines and setbacks to any existing or proposed buildings; 4.2 indicate all lot boundaries and survey stakes; 4.3 show the proposed location, use, height (number of storeys) and dimensions of any building existing and/or proposed and its relationship to adjoining buildings; 4.4 indicate existing contours of the land and proposed new contours, if any changes in site are contemplated; 4.5 indicate proposed final lot grading plan, showing the geodetic elevation (where available) of final grade at lot corners and adjacent to the building; 4.6 indicate existing rights-of-way, easements and municipal services if applicable; 4.7 the individual site plan must agree fully with the subdivider's lot grading plan approved by the Corporation; 4.8 Show all information relative to landscaping, drainage, retaining walls and any other such physical additions necessary to the site plan. 4.9 In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans. PAGE 19 SCHEDULE 'H' TO THE TOWN OF TILLSONBURG BY-LAW 4077 ARCHITECTURAL DRAWINGS 1. Two copies of architectural drawings shall be provided to the Chief Building Official. 2. The architectural drawings shall contain the following: 2.1 The major components of fire protection schematically or in writing; 2.2 The division of the building by firewalls; 2.3 The building area in square feet or square metres; 2.4 The degree of fire separation of storeys, shafts and special rooms or areas including the location and rating of closures in fire separations; 2.5 The source of information for fire-resistance rating of elements of construction (to be indicated on large-scale sections); 2.6 The location of all exits; 2. 7 Location of all fire suppression systems; and 2.8 Any other information that the Chief Building Official deems necessary. PAGE20 SCHEDULE 'I' TO THE TOWN OF TILLSONBURG BY -LAW 4077 MECHANICAL AND ELECTRICAL DRAWINGS 1. Two copies of mechanical and/or electrical drawings shall be provided to the Chief Building Official. 2. The electrical and/or mechanical drawings shall: 2.1 show the provisions for the plumbing and heating systems as may be noted and shown on the architectural drawings; 2.2 be a separate set of drawings for either electrical and mechanical or both; 2.3contain all details necessary for checking the installations; 2.4 include: (i) name, type and location of building; (ii) name of owner; (iii) name of architect; (iv) name of engineer or designer; (v) north point on plans; (vi) dimensions and height of all rooms; (vii) intended use of all rooms; (viii) details or description of wall, roof, ceiling and floor construction, including insulation; (ix) detail or description of windows and outside doors, including size, weather-stripping, storm sash, sills and storm doors; (x) size and continuity of all pipes, ducts, shafts, flues and fire dampers; (xi) location, size, capacity and type of all principal units of equipment; (xii) size, shape and height of chimney or gas vent; (xiii) size and location of combustion air and ventilation openings; (xiv) location and grade of required fire separations; (xv) the location of the fire protection equipment such as manual pull stations, exit lights, detectors, alarm bells, control panels, sprinklers, fire hose cabinets, fire dampers and annunciators for each area where required; and (xvi) any other information the Chief Building Official deems necessary. PAGE 21 SCHEDULE 'J' TO THE TOWN OF TILLSONBURG BY-LAW 4077 STRUCTURAL DRAWINGS 1. Two copies of all structural drawings shall be provided to the Chief Building Official. 2. The structural drawings shall bear the authorized professional seal and signature of the designer. 3. The structural drawings shall contain, in addition to any requirements within the Regulations: 3.1 The name and address of the person responsible for the structural design; 3.2 The date of issue of any codes or standards to which the design conforms; 3.3 The dimensions, location and size of all structural members in sufficient detail to enable the design to be checked; 3.4 Sufficient detail to enable the loads due to materials of construction incorporated in the building to be determined; 3.5 All intended uses and occupancies; 3.6 All effects and loads, other than dead loads, used in the design of the structural members; and 3. 7 Any other information that the Chief Building Official deems necessary. PAGE22 SCHEDULE 'K' TO THE TOWN OF TILLSONBURG BY-LAW 4077 REQUIRED INSPECTIONS IN ADDITION TO THE ONTARIO BUILDING CODE The owner or an authorized agent shall notify the Chief Building Official at least two working days prior to each stage of construction listed below in addition to the required inspections as per the Building Code: Solid Fuel Burning Appliances -final NFPA 96 Commercial Cooking Equipment-Balloon Test NFPA 96 Commercial Cooking Equipment-Smoke Test Pool Fencing -before filling pool with water Pool-final Final PAGE 23 SCHEDULE 'L' TO THE TOWN OF TILLSONBURG BY-LAW 4077 CODE OF CONDUCT FOR BUILDING OFFICIALS 1.0 Introduction The Code of Conduct applies to the Chief Building Official and Inspectors appointed under the Building Code Act in the exercise of a power or the performance of a duty under the Building Code Act of the Building Code. 2.0 Purpose The purposes of this Code of Conduct are: • To promote appropriate standards of behaviour by building officials in the exercise of their power and performance of their duties. • To prevent practices which may constitute an abuse of power • To prevent actions that may be a conflict of interest , and • To promote appropriate standards of honesty and integrity 3.0 Standards of Conduct and Professionalism In addition to any Policy with respect to any "Code of Ethics and Conduct applying to all municipal staff," The Town of Tillsonburg Building Officials shall undertake at all times to: 1. Act in the public interest, particularly with regard to the safety of building works and structures; 2. Maintain their knowledge and understanding of the best current building practice, the building laws and regulations relevant to their building certifying functions; 3. Comply with the provisions of the Building Code Act, the Building Code and any other Act or Law that regulates or governs Building Officials or their functions; 4. Avoid situations where there may be, or where there may reasonably appear to be, a conflict between their duties to their clients, their profession, their peers and the public at large and their personal interests; 5. Not act beyond their level of competence or outside their area of expertise; 6. Apply known relevant building laws, regulations and standards strictly and without favour and independent of the influence of interested parties; 7. Perform their inspections and certifying duties impartially and in accordance with the highest professional standards; 8. Not divulge any confidential or sensitive information or material, that they became privy to in the performance of their duties, except in accordance with laws governing freedom of information and protection of privacy; 9. To avoid any conduct that could bring Building Officials or the Town of Tillsonburg into disrepute; 10 . Extend professional courtesy to all. 4.0 Guideline for responding to misconduct allegations The Building Code Act provides that the performance of Building Officials will be measured against this Code of Conduct. In response to any allegation of a breach of this code the provisions set out in the Town of Tillsonburg Personnel Policy shall be followed to conclusion.