Building Permits and Inspections

1.1    This by-law may be cited as "The Building By-Law".  

2.0    DEFINITIONS: 

2.1    "Act" means the Building Code Act, R.S.O. 1992, Chapter 23 including amendment thereto; 

2.2    "applicant" means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or any person or corporation empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation; 

2.3    "building" means a "building" as defined in subsection 1.-(1) of the Act; 

2.4    "Building Code" means the regulation made under Section 34 of the Act; 

2.5    "construct" means to "construct" as defined in subsection 1(1) of the Act. 

2.6    "Chief Building Official" means the Chief Building Official appointed by by-law of The Corporation of the Town of Prescott for the purpose of the enforcement of the Act, the Regulations and the Building By-Law. 

2.7    "Corporation" means The Corporation of  the Town of Prescott. 

2.8    "owner" means the registered owner or owners of the land and includes a mortgagee in possession or the person in charge of the property but does not include a lessee;

2.9    "permit" means permission or authorization given in writing by the Chief Building Official to perform specific work regulated by this By-Law, the Act and the Building Code, or to occupy a building or part thereof; 

2.10  "permit holder" means the person to whom the permit has been issued and who assumes the primary responsibility for compliance with the Act and the Building Code; 

2.11  "plumbing" means "plumbing" as defined in subsection 1(1) of the Act; and 

Terms not defined in this By-Law shall have the meaning ascribed to them in the Act or the Building Code.  

4.1    To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief Building Official, and shall supply any other information relating to the application as required by the Chief Building Official. Every application for a permit shall be submitted to the Chief Building Official, and contain the following information: 

4.2    Where application is made for a building permit under subsection 8(1) of 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 the land on which 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 as calculated in accordance with Schedule "A" and be accompanied by the required fee as calculated in accordance with Schedules "A" & "B"; 

(e) state the names, addresses and telephone numbers of the owner, architect or engineer, where applicable, or other designer or constructor; 

(f) identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; 

(g) be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application; 

(h) when Section 2.3 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building. 

(i)  when Section 2.3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building; 

(j) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New Home Warranties Plan Act;  

(k) where the work includes plumbing, the application shall also: 

(i) identify and describe in detail the plumbing work to be covered by the permit for which the application is made;

(ii) include plans that show the location and size of every building drain and every trap or inspection piece that is on the building drain and a sectional drawing that shows the size and location of every soil or waste pipe, trap and vent pipe where the installation contains twelve (12) fixtures or more. 

4.3    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 4.2 (a) to (k) of this By-Law, 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. 

4.4    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 4.2 (a) to (k) of this By-Law; 

(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) be accompanied by a written agreement between the owner and the municipality as provided for in article 8(3)(c) of the Act. 

4.5    In addition to the requirements of subsection 4.2 above, every partial permit application for part of a building shall:  

(a) include an application and paid fees for the entire project; and 

(b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official;

(c) where a permit is issued for part of a building or project, the holder of such permit may proceed but the issuance shall not be construed to authorize construction beyond the plans for which the approval was given or as a guarantee that approval will necessarily be granted for the entire building or project. 

4.6    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: 

(a) describe the building or part thereof in which the occupancy is to be changed; 

(b) identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made; 

(c) include plans and specifications which show the current and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code, including:  floor plans, details of wall, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities; 

(d) be accompanied by the required fees; 

(e) state the name, address and telephone number of the owner; 

(f) be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. 

4.7    An application for a permit may be deemed to have been abandoned six (6) months after the date of filing, unless such application has been proceeded with by the applicant. 

4.8    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: 

(a) a description of the proposed material, system or building design for which authorization under Section 9 of the Act is requested; 

(b) any applicable provisions of the Building Code; 

(c) evidence that the proposed material, system or building design will provide the level of performance required by the Building Code.  

5.1    Every applicant shall furnish, 

(a) sufficient plans, specifications, documents and other information to enable the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act, the Building Code, and any other applicable law and whether or not it may affect adjacent property; 

(b) each application shall be accompanied by two complete sets of building plans including site plans and specifications unless otherwise specified by the Chief Building Official. 

5.2    Plans shall: 

(a) be drawn to scale upon paper or other substantial material; 

(b) be legible and durable; and 

(c) indicate the nature and extent of the work or proposed occupancy in sufficient detail to establish that the completed work will conform to the Act, the Building Code and any other applicable law; 

(d) The Chief Building Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for permit having regard for the requirements of any Act, regulation or By-Law respecting the examination or circulation of the application; 

(e) On completion of the construction of a building, the Chief Building Official may require a set of "as constructed" plans, and/or a building location certificate prepared by a qualified land surveyor; 

(f) 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; (g) In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans, but in no case shall such terms as "in accordance with the Act",  "legal", or similar terms be used as substitutes for specific information.  

5.3    A site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the Corporation unless this requirement is waived  because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code and any other applicable law.  Site plan will include: 

(a) lot size and dimensions of property; 

(b) setbacks from existing and proposed buildings to property boundaries and to each other; 

(c) existing and finished ground levels, grades elevations of bottom or underside of footing and top of foundation, drainage flows and direction, drainage outlet; and 

(d) existing right-of-way, easements and municipal services; 

(e) the location, size and capacity of all municipal services where such services are affected by the proposed construction and the size and location of all connections of services to the building or buildings and the invert level of the building or sewer drain.  "Services" shall be deemed to include sanitary sewers, storm water sewers, municipal drains, water drains and electrical power lines.  Where permitted, properties serviced by private sewage and water services shall show the locations of septic tanks, tile beds, wells and connections to buildings they serve; 

(f) The existence of any soil condition which may, in any manner, affect the use or safety of the proposed building or facility. 

(g) Where required by the Chief Building Official, the applicant shall submit a lot grading plan which shall identify the drainage courses and which includes grades of adjacent land and grades of centre line of the road at each extremity of the said lot for review and approval of the municipal engineer.

6.1    The Chief Building Official shall determine the required permit fees calculated in accordance with Schedule "A" and the required administration performance deposit calculated in accordance with schedule "B". The applicant shall pay such fees upon submission of the application. No permit shall be issued until the fees therefore have been paid in full. 

6.2    Where the fees are based on the cost or valuation of the proposed work, such cost or valuation 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.  

7.1    In the case of abandonment of all or a portion of the work or of the non-commencement of any project, the Chief Building Official shall determine the amount of refund or permit fees, if any, that may be returned to the permit holder, in accordance with subsection 7.2 hereof. 

7.2    The fees that may be refunded shall be a percentage of the permit fees payable under this by-law, as follows: 

(a) eighty (80%) per cent if application is filed and no processing or review functions have been performed; 

(b) seventy (70%) per cent if administrative and zoning functions only have been performed; 

(c) sixty (60%) per cent if administrative, zoning and plan examination functions have been performed; 

(d) fifty (50%) per cent if the permit has been issued and no field inspections have been performed subsequent to permit issuance; 

(e) five (5%) per cent shall additionally be deducted for each field inspection that has been performed after the permit has been issued. 

7.3    Despite subsection 7.2 and subject to subsection 7.4 hereof, no refund shall be made when the calculated permit fee is fifty dollars ($50.00) or less. 

7.4    The fee for the transfer of a permit is non-refundable.

7.5    Subject to subsection 11.1, there shall be no refund of permit fees where a permit has been revoked.  

9.1    the Chief Building Official authorizing, for a limited time only, the erection and existence of a building or part thereof and, 

9.2    a permit for a temporary building may be extended provided permission in writing is granted by the Chief Building Official.  

10.1  The Chief Building Official may issue a renewal of permit, for a revoked permit, provided the required fee is paid for such renewal and the plans and specifications are  made to comply with all the requirements of the Act, the Building Code and any other applicable law in effect at the time the application for a renewal of permit is made.  

11.1  Revocation of Permit Prior to revoking a permit under clauses 8.-(10)(b) and (c) of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his last known address and, if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. 

11.2  Deferral of Revocation 

(a) On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof that the Chief Building Official defer the revocation of such permit. 

(b) A request for deferral shall set out the reasons why the permit should not be revoked and the date by which the work will be commenced or resumed. 

(c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date and shall notify the permit holder. 

11.3  Transfer of Permit 

(a) Permits are transferrable only upon the new owner completing a permit application to the requirements of section 4 of this By-Law. 

(b) A fee, as prescribed in Schedule "A", shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code.

12.1  Notices for inspections respecting stages of construction as required by subsection 2.4.5 of the Ontario Building Code shall be given by the permit holder to the Chief Building Official or his/her designate at least two business days in advance of each stage of construction specified therein. 

12.2  A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official or his/her designate.  

13.1  During the construction, the permit holder shall keep: 

a) posted in a conspicuous place on the property in respect of which the permit was issued, a copy of the permit or a poster, or placard in lieu thereof and, 

b) a copy of the approved drawings and specifications referred to in the application for permit, on the property in respect to which the permit was issued.  

14.1  Any person who contravenes any provision of this By-Law is guilty of an offence as provided for in Section 36 of the Act.  

15.1  The schedules attached to this By-Law are deemed to form part of this By-Law.  

16.1  All previous by-laws of the Corporation of the Village of Casselman pertaining to building permits and inspections are hereby repealed.   

17.1  This By-Law shall take full effect on the day of its adoption.   

Notes to Schedule "B" 

1) The administration performance deposit will be refunded in whole or in part to the permit holder in accordance with the following provisions; (

a) One hundred (100%) per cent of the administration performance deposit is to be refunded if construction is fully completed within one (1) year of the date of the issuance of the building permit. 

(b) Seventy five (75%) per cent of the administration performance deposit is to be refunded if construction is fully completed within two (2) years of the date of the issuance of the building permit. 

(c) Fifty (50%) per cent of the administration performance deposit is to be refunded if construction is fully completed within three (3) years of the date of the issuance of the building permit. 

(d) Twenty five (25%) per cent of the administration performance deposit is to be refunded if construction is fully completed within four (4) years of the date of the issuance of the building permit. 

(e) No refund of the administration performance deposit will be awarded if construction is not fully completed within four (4) years. This will not relieve the permit holder and/or the contractor of obligations under any provisions of any By-Law, the Building Code Act or regulations made thereunder. 

2) The refund of the whole or part of the administration performance deposit shall not be deemed a waiver of any provisions of any By-Law or requirements of the Building Code Act or regulations made thereunder. Also, the refund should not be construed as a certification or guarantee that the building for which a permit was issued meets all the requirements of the Building Code Act or regulations made thereunder.