HomeMy Public PortalAbout22-055 - Building By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE
THOUSAND ISLANDS
BY-LAW NO.22-055
BEING A BY-LAW RESPECTING CONSTRUCTION,DEMOLITION,AND
CHANGE OF USE PERMITS AND INSPECTIONS.
WHEREAS Section 7 of the Building Code Act,S.O.1992,empowers Council
to pass certain By—Lawsrespecting construction,demolition,and change of use
permits and inspections;
AND WHEREAS the Council of the Corporation of Leeds and the Thousand
Islands deems it expedient to pass such a By—Law;
NOW THEREFORE the Council of the Corporation of Leeds and the Thousand
Islands enacts as follows:
Part 1:Title,Scope and Definitions
1.1 Short Title:
This By—Lawmay be cited as the “Building By—Law”.
1.2 Interpretation:
1.2.1 This By—Lawapplies to the whole of the area ofjurisdiction of
the Corporation of the Township of Leeds and the Thousand Islands.
1.2.2 This By—Lawapplies to administration and enforcement in the
design,construction,erection,placement and occupancy of new
buildings,and the alteration,reconstruction,demolition,removal,
relocation,occupancy and change in occupancy of existing buildings
and any requirements that are necessary to correct unsafe conditions
in existing buildings.
1.2.3 The requirements of the Code are hereby adopted and shall
apply to all work falling within the scope and jurisdiction of this By—Law.
1.2.4 Any construction or condition that la\/vfullyexisted before the
effective date of this By—Lawneed not conform to the requirements of
this By—Lawif such construction or condition does not constitute an
unsafe condition in the opinion of the authority having jurisdiction.
1.3 Definitions:
1.3.1 The words and terms in italics in this By—Lawshall have the
meaning prescribed in subsection 1.3.2 herein,and if no definition is
provided herein they shall have the meanings as prescribed in the Act
or the Code.Should a word or term be defined in both this By—Law
and the Code,the definition set forth in this By—Lawshall govern.
1.3.2 Words and terms in italics in this By—Lawshall have the
following meanings:
a)Act means the Ontario Building Code Act,1992,including
amendments thereto.
b)
d)
h)
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 ownefs 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.
As Constructed Plans means construction plans and specifications
that show the building and the location of the building on the property
as the building has been constructed.
Authority Having Jurisdiction means the Corporation of the
Township of Leeds and the Thousand Islands and where the context
requires,such Chief Building Official,Building Inspector,or other
authority lawfully appointed by By—Lawof the Corporation for the
purpose of enforcement of this By—Law,the Act and Code.
Building is as defined in Section 1 of the Act,as amended.This
currently means,
i.a structure occupying an area greater than 10 square
metres consisting of a wall,roof and floor or any of them
or a structural system serving the function thereof
including all plumbing,works,fixtures and service systems
appurtenant thereto;
ii.a structure occupying an area of 10 square metres or less
that contains plumbing,including the plumbing
appurtenant thereto;
iii.plumbing not located in a structure;
iv.a sewage system;and,
v.structures designated in the Code
Building Code means the in—effectregulation made under Section
34 of the Act,including all applicable amendments.
Building Inspector means the Building Inspector appointed by By-
Law of the Corporation of the Township of Leeds and the Thousand
Islands to assist the Chief Building Of?cial for the purpose of
enforcement of this By—Law,the Act and Code.
Chief Building Official means the Chief Building Official appointed
by By—Lawof the Corporation of the Township of Leeds and the
Thousand Islands forthe purpose of enforcement of this By—Law,the
Actand Code.
Corporation means the Corporation of the Township of Leeds and
the Thousand Islands.
Digital Signature,or Digital Professional Seal means
cryptographically protected information in which the veracity of
the certificate details is certified by a recognized digital signature
certificate authority
Farm Building means a building as defined in Article 1.4.1.2,
Division A,Part 1 of the Code,as amended.This currently means:
i.that does not contain any area used for residential
occupancy;
ii.that is associated with and located on land devoted to the
practice of farming;and,
iii.that is used essentially for the housing of equipment or
livestock or the production,storage or processing of
agricultural and horticultural produce or feeds.
k)Owner means the registered owner of the land and includes a
lessee,mortgagee in possession,and the person in charge of the
property.
I)Permit means written permission or written authorization from the
Chief Building Official to perform work regulated by this By—Lawand
the Act.
m)Plumbing means a drainage system,a venting system,and a water
system or parts thereof.
n)Plot Plan means a detailed drawing(s)of proposed
improvements to a given property at a defined scale Plot Plans
are also known as a Site Plans.
o)Principal Building means the first building constructed on
vacant property,or the first building that replaces a previous
Principal Building where accessory buildings already exist and
are to remain.
p)Sewage System means a private on—site sewage system as
defined in Article 1.4.1.2 of Division A of the Building Code.
Part 2:Enforcement
2.1 This By—Lawshall be enforced by the Chief Building Of?cial,Building
Inspector,or other authority lawfully appointed by By—Law of the
Corporation.
Part 3:Classes of Permits
3.1
3.2
3.3
3.4
A permit is required for all construction,demolition and change of use
dealt with by the Code.
Classes of permits with respect to the construction,demolition and
change of use of buildings and their associated permit fees shall be as
set forth in the General Rates and Fees By—Law.
A permit to construct,demolish or change use shall not be issued until
approvals are obtained regarding any applicable law,including but not
limited to the Township of Leeds and the Thousand Islands
Comprehensive Zoning By—law,Planning Act Approvals,Cataraqui
Region Conservation Authority,Leeds,and St.Lawrence Parks
Commission.
For the purposes of this By—Law,permits are categorized as follows:
3.4.1 Building:A permit required under Section 8(1)of the Act for all
types of construction and demolition governed by the Code,including
Renovation (Part 11,Division B)and Plumbing,and sewage systems
(Part 7,Division B).
3.4.2 Amended:Permission issued by the ChiefBuilding Official to
approve and authorize material change(s)to an existing permit if the
Chief Building Official approves the change.Any change in plans or
specifications must have written approval from the person (owner,
designer,professional engineer,andl or architect)responsible for the
design and general review of the project prior to being submitted to the
Chief Building Official for approval.
3.4.3 Conditional:Apermit issued pursuant to Section 8(3)of the
Act,at the discretion of the Chief Building Of?cial even though all
requirements to obtain a permit have not been met.
3.4.4 Change of use:A permit issued pursuant to Section 10 of the
Act authorizing a change in use where such change will result in an
increase in hazard even though no construction is proposed.
Part 4:Permit Requirements
4.1
4.2
To obtain a permit,an applicant shall file an application in writing on
forms prescribed by the Act or Code and made available by the
Corporation and shall supply any other information relating to the
application as outlined in this By—Lawand/or required by the Chief
Building Official.
Building Permit
Where application is made for a Building Permit under Section 8(1)of
the Act,on the prescribed form,the application shall;
4.2.1 Describe the land on which the proposed work is to be done by
a description that will readily identify and locate the site on which the
building or demolition is to occur.
4.2.2 State the estimated cost of the proposed work including
materials and labour.
4.2.3 identify and describe in detail the work to be performed
pursuant to the permit for which the application is made and the
resultant use of the property thereafter.
4.2.4 Include the name,address,and contact information of the
applicant (owner or authorized agent of the owner),owner (if different
from the applicant)and builder responsible for the work for which a
permit is sought.
4.2.5 include signature of the owner or the ownefs authorized agent
who shall certify to the truth of the contents of the application.
4.2.6 Include,where applicable,the registration number of the builder
or vendor as provided in the Ontario New Home Warranties Plan Act.
4.3
4.2.7 Include Schedule 1 or 2 Designer Information,to be completed
by each individual (a designer qualified under the Code or the owner)
who reviews and takes responsibility for design activities with respect
to the proposed work.Licensed Ontario Architects and Engineers
responsible for design activities are not required to complete Schedule
1.
4.2.8 Indicate if proposed work includes a new livestock facility,an
addition to existing livestock facility or construction of a new dwelling
within 1000 metres of a livestock facility.If so,Schedule 3 Minimum
Distance Separation Formulae is required to be completed and the
determined distance complied with.
4.2.9 Include 1 set of construction drawings and specifications as
described in Part 5 of this By—Law.The drawings shall be signed by
the individual responsible for the design activities (a designer qualified
under the Code,a licensed Ontario Architect or Engineer or the owner)
and must be marked “for building permit”or such similar language
indicating the drawing copy is meant for building permit review.A
digital set of plans is required prior to permit issuance.
4.2.10 Include a plot plan as described in Part 5 of this By—Law.
4.2.11 Include letter of authorization if applicant is someone other than
the owner.This letter shall indicate that the owner authorizes the
applicant to make the application on their behalf.
4.2.12 The Energy Efficiency Design summary (EEDs)form,subject to
permit classification,must be included with the application.
4.2.13 No person shall construct or demolish a Sewage System or
cause a Sewage System to be constructed or demolished,unless
a permit,as set out in Section 5 this By—lawhas been issued.
Permit for Part of a Building
Where application is made for part of a building prior to the issuance of
a permit for the whole project,the applicant shall:
4.3.1 File an application for a permit for the entire project pursuant to
Section 4.2 of this by—lawand pay the fees for the whole project as
determined pursuant to the General Rates and Fees By—Law;and,
4.3.2 Furnish plans and specifications acceptable to the Chief
Building Of?cial related to the portion of work for which a partial
approval and permit is requested.
4.3.3 The Chief Building Official shall not,by reason of the issuance
of a permit or permits for a part or parts of a building issued under this
section,be under any obligation to grant any further permit or permits
thereto.
4.4
4.5
Demolition Permit
Where application is made for a Demolition Permit under Section 8(1)
of the Act,the application shall;
4.4.1 Include the information required by Section 4.2 of this by-law.
4.4.2 Include written confirmation that arrangements have been made
with the proper authorities for the disconnection of all services
including water,sewer,gas,electric,telephone or other utilities and
services.
4.4.3 A demolition permit affidavit must be completed and included as
part of an application submission.
Conditional Permit
Conditional Permits are considered at the discretion of the CBO.Where
application is made for a Conditional Permit under Section 8(3)of the
Act,the application shall;
4.5.1 Contain the information required by Section 4.2 of this by-law.
4.5.2 Contain such other information,plans and specifications
concerning the entire project as the Chief Building Official may require.
4.5.3 Confirm,to the satisfaction of the Chief Building Of?cial,
compliance with By—Lawspassed under Sections 34 and 38 of the
Planning Act and with the applicable portions of the Code.
4.5.4 Explanation of why unreasonable delays in construction would
occur if a conditional permit is not granted.
4.5.5 The applicant,and such other person as the Chief Building
Of?cial determines,agrees in writing with the Corporation to:
a)assume all risk in commencing the construction prior to all permit
requirements being met;
b)obtain all necessary approvals in the time set out in the
agreement;
c)submit plans and specifications in the time set out in the
agreement;and,
d)at the applicants own expense,remove the building and restore
the site in the manner specified in the agreement if approvals are
not obtained or plans submitted in the time set out in the agreement;
e)Comply with such other conditions as the Chief Building Official
considers necessary,including the provision for security for
compliance
4.5.6 Council delegates the authority to the Chief Building Of?cial to
enter into Conditional Permit Agreements on behalf of the Corporation.
4.5.7 The Chief Building Official may authorize deletion of one or
more of the requirements,provided the intent and purpose of the By-
Law is maintained.
4.6
4.7
4.8
Change of Use Permit
Where application is made for a Change of Use Permit under Section
10 of the Act,the application shall;
4.6.1 Contain the information required by clauses 4.2.1 to 4.2.5
above.
4.6.2 Identify and describe in detail the current and proposed use of
the building or part of a building for which the application is made.
4.6.3 Include plans and specifications showing the current and
proposed use of all parts of the building and sufficient information to
establish compliance with the requirements of the Code.
Permit for Temporary Buildings
4.7.1 A permit for a temporary building may be issued by the Chief
Building Of?cial authorizing for such specified time as decided by the
Chief Building Of?cial,the erection and existence of a building or part
thereof.
4.7.2 A permit for a temporary building may be extended in writing by
the Chief Building Of?cial.
Abandonment of Application
4.8.1 Where an applicant for a permit has not fulfilled the
requirements of this By—Lawtherefore to allow issuance of a permit
within 6 (six)months of the filing of the application,the application shall
be deemed to be abandoned and notice thereof shall be given to the
applicant.
4.8.2 Where an application is cancelled by the applicantthe request is
required to be provided in writing.Upon receipt of a written request the
application file will be closed.
Part 5:Plans,Specifications,Documents,and Information
5.1 Every applicant shall include the following information with the building
permit application:
5.1.1 Sufficient plans,specifications,documents and other
information to enable the Chief Building Of?cial to determine whether
the proposed construction,demolition or change of use conforms to
the Act,the Code and any other applicable law;
5.1.2 A plot plan is required to be submitted with every building
permit application and shall include the following:
a)property boundaries and dimensions,including high water mark,
if applicable;
b)location,size and type of all existing and proposed buildings
and structures on the subject property,indicating the distance of
the buildings and structures from the front,rear and side lot lines
and distance between existing and proposed buildings and
structures;
c)location of existing or proposed septic system and drilled/dug
well on site;
d)approximate location of all natural and artificial features on the
subject property and adjacent lands that,in the opinion of the
applicant,may affect the application.Examples include buildings,
railways,roads,watercourses,swales,drainage ditches,river or
stream banks,wetlands,wooded areas,barns,sand pits,quarries,
retaining walls,wells and septic tanks,tile beds,and utilities
(hydro,gas,phone,overhead and underground);
e)location,width and name of any roads within or abutting the
subject property,indicating whether it is an unopened road
allowance,a public travelled road,a private road or right—ofway;
f)if access to the subject property is by water only ,the location of
the parking and docking facilities to be used;
g)topographical features (steep slopes,rock outcroppings,low-
laying areas,etc.)that may affect drainage patterns on and off site;
h)location and nature of any easement affecting the subject
property;and,
i)location of agricultural buildings capable of housing animals on
a feed lot within 1000 metres of the subject property.
5.1.3 The plot plan is the responsibility of the applicant or owner.The
Chief Building Of?cial will not take responsibility of the accuracy of the
plot plan supplied with the application.
5.1.4 Construction drawings shall clearly demonstrate how the
proposed building and/or structure will be constructed.The following
plans may be required to accompany an application for a permit:
a)floor plans
b)foundation plans
0)framing plans —including engineered floor systems
d)roof plans—including stamped engineered designs and layouts
e)reflected ceiling plans —including location of smoke and carbon
monoxide alarms
f)Cross—sections and details
g)Building elevations
h)Heating,ventilation and air conditioning (HVAC)design —
including hydronic designs or earth energy systems
i)Plumbing details/design
j)Location and details of Radon mitigation systems
5.1.5 Application for Sewage System Permit
Where application is made for a sewage permit issued under
Subsection 8.(1)of the Act,the applicant shall:
a)Use the provincial application form,“Application for a
Permit to Construct or Demolish”;
b)include complete plans and specifications,documents
and other information as required by the Building Code and as
described in this by—lawfor the work to be covered by the permit;
c)include a site evaluation which shall include the following
items,unless othenivise specified by the Chief Building Official:
i.the date the evaluation was done;
ii.name,address,telephone number and signature of
the person who prepared the evaluation;and
iii.a scaled map of the site showing the following:
-legal description,lot size,property dimensions,
existing right of way,easements or municipal
utility corridors;
-location of items listed in Column 1 of Tables
8.2.1.6.A.,8.2.1.6.B.and 8.2.1.6.C.ofthe
Building Code;
-location of the proposed sewage system;
-location of any unsuitable,disturbed or compacted areas;
-proposed access routes for system Maintenance
-depth to bedrock;
-depth to zones of soil saturation;
-soil properties,including soil permeability;and
-soil conditions,including the potential for flooding.
5.1.6 Construction drawings shall be legible and be drawn to scale
upon paper.Plans drawn in pencil will not be accepted.All plans must
show the ownefs name,municipal address of the subject property,
drawing title and number,date,dimensions,and north symbol.
Designers drawings/design must include the current BClN Number.
5.1.7 Additional information and documents may,at the discretion
of the Chief Building Of?cial,be required to accompany an application
for a permit including,but not limited to:
a)energy efficiency design summary form (to be completed for
new home construction or an addition(s)to an existing dwelling);
b)Heating,Ventilating,Air Conditioning (HVAC)design (if HVAC
system will be installed/altered)
c)heat loss/heat gain calculations (if HVAC system will be
installed/altered);
d)copy of property transfer/deed of land (it property was acquired
within 1 (one)year of date of submission of application for a
permit);
e)copy of entrance permit (for development on a lot where an
entrance permit has not been previously issued);
f)Engineered truss and/or floorjoist plans
g)Laminated veneer lumber (LVL)details
5.1.8 In lieu of separate specifications,the Chief Building Official may
permit essential information to be shown combined on the plans if the
information can be shown in a sufficiently specific manner.
5.1.9 On completion of the construction of a building or structure,the
Chief Building Official may require the following plans and documents
5.2
prior to issuing a final permit indicating completion of the project
including,but not limited to:
a)a set of as constructed plans,including a plan of survey
showing the location of the building(s)
b)copy of heat recovery ventilator (HRV)balance report signed by
certified Level 1 HRAI contractor;
c)copy of Electrical Safety Authority (ESA)final inspection
certificate;
d)copy of sewage system completion certificate;
e)certificate of qualification for plumber,HVAC installer and/or
insulator.
Plans,specifications,documents and other informationfurnished
according to this by—lawor othenNise required by the Act become the
property of the Corporation.
Part 6:Fees
6.1
6.2
6.3
6.4
6.5
6.6
Permit fees are established in the General Rates and Fees By—law.
The fee for a building permit application is based on building value,as
established in the General Rates and Fees By—lawor the value of
construction provided in an application for building permit,whichever is
greater
Where application is made to amend an existing permit,the Chief
Building Of?cial will determine if such revision shall be processed with a
charge.
In the case of withdrawal of an application or the abandonment of all or
a portion of the work orthe non—commencement of any project,the Chief
Building Of?cial shall determine the amount of paid permit fees that may
be refunded to the applicant,if any.
There shall be no refund of permit fees paid where a permit has been
revoked under Part 9 of this By—Law.
No permit shall be issued until the fees therefore have been paid.
Part 7:Inspections
7.1 The owner or authorized agent shall notify the Chief Building official at
least forty—eight(48)hours prior to,not including the day of the request,
weekends or holidays,each stage of construction for which notice in
advance is required by the Code.
7.2 The owner or authorized agent shall notify the Chief Building official at
least five business days prior to,not including the day of the request,
weekends or holidays,the stages of construction specified therein for
Sewage Systems in accordance with the requirements of sentence
1.3.5.(2)of Division C of the Building Code.
7.3 The Chief Building Of?cial or Building Inspector may enter upon land
and into buildings at any reasonable time without a warrant for the
purpose of inspecting the building or site to determine whether the
following are being complied with:
a)The Ontario Building Code Act;
b)The Building Code;
c)An order made under the Ontario Building Code Act.
Part 8:Site Documents
8.1
8.2
The person to whom a permit is issued shall have the permit posted at
all times during the construction or demolition in a conspicuous place
on the property in respect of which the permit was issued.
The person in charge of the work shall keep and maintain on site:
8.2.1 At least 1 (one)copy of the approved drawings including copies
of plans or specifications such as truss,floor,LVL or HVAC plans)that
form a condition on the permit;and specifications certified by the Chief
Building Of?cial to be a copy of those submitted with the application for
the permit together with details of changes authorized by the Chief
Building Official;
8.2.2 Any authorizations or facsimiles thereof received from the
Building Materials Evaluation Commission showing specified terms
and conditions.
Part 9:Permit Revocations,Deferral of Revocation,Transfer of Permit
9.1 Permit Revocation
9.1.1 Revocation of a permit will be made pursuant to Sections 8(10)
and 8(25)of the Act.
9.1.2 The Chief Building Official may revoke a permit issued under
Act,
a)If it was issued on mistaken,false or incorrect information;
b)If,after 6 months after its issuance,the construction or
demolition in respect of which it was issued has not,in the opinion
of the Chief Building Of?cial,been seriously commenced;
c)if the construction or demolition of the building is,in the opinion
of the Chief Building Of?cial,substantially suspended or
discontinued for a period of more than one year;
d)if it was issued in error;
e)lfthe holder requests in writing that it be revoked;or
f)if a term of the agreement under clause 8(3)(c)of the Act has
not been complied with.
9.1.3 A notice of revocation shall be served to the permit holder by
personal service,email or registered mail to the last known address of
the permit holder.
9.1.4 Where notice is served personally,electronically or be
registered mail,the permit holder shall be deemed to have been
sewed with the notice on the fifth day after the notice is served.
9.2 Transfer of Permit
9.21 Where a permit has been issued for work on land which
subsequently changes ownership,an application for transfer of the
permit shall be submitted in writing by the new owners to the Chief
Building Official and shall:
a)include a written assumption of responsibility by each new owner,
b)include proof of engagement of a design professional where
applicable;
c)be accompanied by the required fee,as determined pursuant to
the Fee By—Law.
d)state the name,address and contact information of each new
owner,and,
e)be signed by each new owner,or each new ownefs agent,who
shall certify the truth of the contents of the application.
9.2.2 The Chief Building Official may,if satisfied as to the propriety of
the application,authorize the transfer of a permit.
Part 10:Penalties
10.1 No person shall file a false or misleading application or provide false or
misleading material in support of an application.
10.2 Any person who contravenes any provisions of this By—Lawis guilty of
an offence as provided for in Section 36 of the Act,as amended.
Part 11:Severability
11.1 Should any section,subsection,clause,or provision of this By—Lawbe
declared by a court of competentjurisdiction to be invalid,the same
shall not affect the validity of this By—Lawas a whole or any part
thereof,other than the part so declared to be invalid.
Part 12:Repeal
12.1 By—LawNumber 13-028 is hereby repealed.
Part 13:Effective Date
13.1 This By—LawNo shall come into force and take effect on the date of
its passing.
READ A FIRST AND SECOND TIME THIS 12”‘DAY OF SEPTEMBER,
2022.
READ A THIRD TIME AND FINALLY PASSED THIS 12T"'DAY OF
SEPTEMBER,2022.
The Corporation of the Township of Leeds and the Thousand Islands
J%m—@A@
Corinna Smith-Gatcke,Mayor
%Megan Shannon,Clerk