THE CORPORATION OF THE VILLAGE OF BURK'S FALLS

BY-LAW NO. 14-1993

Being a By-Law respecting Construction, Demolition,
and Change of Use Permits and Inspection of same.
 

WHEREAS Section 7 of the Building Code Act, 1992 empowers Council to pass certain bylaws respecting construction, demolition and change of use permits and inspections of same,

NOW THEREFORE the Council of the Corporation of the Village of Burk's Falls hereby enacts as follows:

Short Title: This by-law may be cited as the "BUILDING BY-LAW''

Definitions - in this by-law:

"Act" means the Building CodeAct, 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 l(l) of the ACT
"Building Code" means the regulations made under Section 34 of the ACT
"Chief Building Official" means the chief building official appointed by the by-law of the Corporation of the Village of Burk's Falls for the purposes of enactment of the ACT
"Corporation" means the Corporation of the Village of Burk's Falls
"farm Building" means a farm building as defined in the Building Cod
"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 l(l) of the ACT

CLASSES OF PERMITS


Classes of permits with respect to the Construction, Demolition and Change in Use of Buildings shall be set out in Schedule "A" to this By-Law.

Building Permits: This permit is generally used for all types of construction governed by the Building Code including renovation - Part 11; Plumbing; Farm Buildings; Heating and Ventilation and Air Conditioning and Sign Permits.

Demolition Permit: This permit governs both the type and method of demolition under the Building Code.

Change in Use Permit: This permit is used where a change in use resulting in an increase in hazard as determined under section 2.4.1.2 (1) of the Building Code will take place even though no construction is proposed.

 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/her written Authorization.

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 the prescribed from available at the Municipal Office or from the Chief Building Official. The Prescribed form shall be as set out in "Schedule E" to this By-Law.


BUILDING BY-LAW NO. 14 Page 2

BUILDING PERMITS AND DEMOLITION PERMITS

Every application for a permit shall be submitted to the Chief Building Official and contain the following information:

1. Where application for a Building Permit is made under subsection 8(l) 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

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 an 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/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) for a building permit, 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 in the municipality.

CHANGE OF USE PERMITS


Every application for a change of use permit issued under Subsection 10(l) of the ACT shall be submitted to the Chief Building Official, and shall:

a. describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building,

b. Identify and describe in detail the current and proposed occupancies of the building or part of the 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 detail of wall, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities.

d. be accompanied by the required fee

e. state the name, address and telephone number of the owner

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

THE BUILDING BY-LAW NO.14,1993, Page 3

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.

PLANS AND SPECIFICATIONS


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 in use will conform with the ACT, the Building Code, the Zoning By-Law or any other applicable law.

Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of plans and specifications required under this By-Law.

 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 C to this bylaw unless otherwise specified by the Chief Building Official.

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, the Zoning ByLaw or other applicable law, a copy of the survey shall be submitted to the Chief Building Official.

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-ways, easements and municipal services.

PAYMENT OF FEES


Fees for a required permit shall be as set out in Schedule "B" to this ByLaw and are due and payable upon submission of an application for a permit.

The fees payable in respect of an application for a construction or demolition permit issued under subsection 8(l) of the ACT are based on a floor area, and floor area shall mean the total floor space of all storeys above grade (or below grader for an undergound home) measured as the horizontal area between the exterior walls of the building.

Fees payable in respect of an application for a Change In Use Permit issued under subsection 10(l) of the ACT are based on a floor area, floor area shall mean the total floor area of all storeys subject to the change of use.

Note: The Chief Building Official may place a valuation on the cost of the proposed work for the purposes of establishing the permit fee, and where disputed by the applicant, the applicant shall pay the required fee under protest and within six months of completion of the project, shall submit an audited statement

 THE BUILDING BY-LAW NO 14, 1993, Page 4
of the actual costs, and where the audited costs are determined to be less than the valuation, the Chief Building Official shall issue a refund.

REFUNDS


In the case of withdrawal of an application or the 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 "D" attached to and forming part of this by-law.

NOTICE REQUIREMENTS FOR INSPECTIONS -SECTION 7 (e) of THE ACT

The owner or an Authorized Agent shall notify the Chief Building Official at least 2 business days prior to each stage of construction for which notice in advance is required under the Building Code.

PRESCRIBING FORMS - Clause 7 (f) of the ACT


The forms prescribed for use as applications for Permits; Building Permits; Demolition Permits; Site Plan, Orders and for Inspection Reports shall be set out in Schedule "E" to this By-Law.

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 upon completion of construction under such conditions as may be prescribed in the Building Code.

THE PENALTY CLAUSE


Under Clause 36(l) (c) of the ACT, contravention of a by-law passed under the ACT constitutes an offence, and subsections 36(3) - (5) of the ACT provides penalties for this offence.

REPEAL CLAUSE


By-Law #10-1989 of the Corporation of the Village of Burk's Falls is hereby repealed, effective January lst, 1994.

DATE AND EFFECT


The Building By-Law will come into effect on the lst Day of January 1994.

SCHEDULES ATTACHED


Schedules attached hereto are:

Schedule A- Classes of Permits
Schedule B- Permit Fees
Schedule C- Application requirements
Schedule D- Refund of fees
Schedule E- Prescribed Forms.

Read a First Time this 28th Day of September 1993


AS READ A SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL THIS 28th DAY OF SEPTEMBER 1993

Reeve, Barry Boyes

Clerk, Jarvis W. Osborne



THE CORPORATION OF THE VILLAGE OF BURK'S FALLS
BY-LAW NO 14-1993, Page 5

BUILDING BY-LAW
SCHEDULE "A"
CLASSES OF PERMITS

1. Building Permits

Required under Subsection 8(l) of the ACT

Includes Plumbing

Includes Farm Buildings

Includes Heating, Ventilation and Air Conditioning

Includes Sign Permits

Includes Renovation - Part 11

2. Demolition Permit

Required under Subsection 8 (1) of the ACT

3. Change of Use Permit

Required under Subsection 10(l) of the ACT