Clause 12, Report No

BY-LAW 2008-XXX

Being a By-law respecting Construction, Demolition

and Change of Use Permits and Inspections

WHEREAS section 7 of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, authorizes municipal council to pass by-laws respecting construction, demolition and change of use permits, inspections and related matters;

AND WHEREAS the Council of The Corporation of the Town of Markham desires to repeal By-law 2007-268 and to enact a new building by-law for the issuance of permits and related matters, including the establishment of a fee schedule;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM ENACTS AS FOLLOWS:

1. SHORT TITLE

1.1. This By-law may be cited as the “Building By-law”.

2. DEFINITIONS

2.1. In this By-law:

“Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;

“applicant” means the owner of a building or property who applies for a permit or any person authorized to apply for a permit on the owner’s behalf, 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;

“Building Code” means the regulation made under Section 34 of the Act;

“certified model” means a unique building design for a detached or semi-detached unit, that has been reviewed by the chief building official for compliance with the Building Code and is intended for construction pursuant to a permit issued under the Act. A certified model approval is not itself a permit;

“chief building official” means the chief building official appointed by by-law by Council for the purposes of enforcement of the Act, the Building Code and this By-law;

“complete application” means an application that meets the requirements for applications set out in the Building Code and section 4 and Schedule B of this By-law;

“conditional permit” means a permit issued under subsection 8(3) of the Act;

“construct” means construct as defined in subsection 1(1) of the Act;

“demolish” means demolish as defined in subsection 1(1) of the Act;

Text Box: ATTACHMENT ‘B’ “owner” means, in respect of the property on which the construction is to take place, the registered owner of the land and, except for conditional permits, may include a lessee, mortgagee in possession and the person acting as the owner’s authorized agent;

“partial permit” means a permit issued by the chief building official to construct part of a building;

“permit” means permission or authorization given 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;

“permit holder” means the owner to whom the permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred;

“Registered Code Agency” means a registered code agency as defined in subsection 1(1) of the Act;

“revised submission” means additional information filed with the chief building official which depicts one or more changes to the proposed or as-constructed design of a building or part of a building for which a permit has already been issued and for which approval by the chief building official is required;

“sewage system” means a sewage system as defined in subsection 1.1 of the Building Code;

“supplementary submission” means information filed with the chief building official in relation to a building permit application and include voluntary submissions and submission that may be required to determine Building Code compliance;

“Town” means The Corporation of the Town of Markham.

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

3. CLASSES OF PERMITS

3.1. Classes of permits required for the construction, demolition or change of use of a building shall be set out in Schedule “A” to this By-law.

4. REQUIREMENTS FOR PERMIT APPLICATIONS

General Requirements

4.1. Every permit application and certified model application must meet the requirements of this section and shall:

4.1.1. be made by an applicant;

4.1.2. be made in writing to the chief building official on forms prescribed by the Province of Ontario or when no form is prescribed, on a form prescribed by the chief building official; and

4.1.3. be accompanied by the required fees calculated in accordance with Schedule “A”.

4.2. An application for a permit may be refused by the chief building official where it is not a complete application.

4.3. The chief building official may, as the chief building official deems appropriate, provide prescribed forms in an electronic format and may allow for the electronic submission of completed permit application forms.

4.4. Notwithstanding subsection 4.3, completed forms generated electronically shall be accepted subject to the endorsement by the applicant.

Applications for Permits to Construct

4.5. Every application for a permit to construct a building shall:

4.5.1. identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the building permit application is made;

4.5.2. be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 and Schedule B of this by-law; and

4.5.3. be accompanied by acceptable proof of corporate identity and property ownership, unless such proof is determined by the chief building official to be unnecessary.

Applications for Permits to Demolish

4.6. Every application for a permit to demolish a building shall:

4.6.1. identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit to demolish is made, and the proposed use and occupancy of that part of the building, if any, that will remain upon completion of the demolition;

4.6.2. be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 and Schedule B of this By-law; and

4.6.3. be accompanied by proof satisfactory to the chief building official that arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services.

Applications for Permits to Construct Part of a Building

4.7. In addition to the requirements of subsection 4.5, every application for a partial permit shall:

4.7.1. require a permit application for the entire project; and

4.7.2. be accompanied by plans, specifications, documents, forms and other information covering that part of the work for which application for a partial permit is made, together with such information pertaining to the remainder of the work as may be required by the chief building official.

4.8. The chief building official may issue a partial permit when the chief building official determines it is appropriate to expedite substantial construction before a permit for the entire building is available and where the relevant provisions of this By-law and the Act are met.

4.8.1. When determining whether to issue a partial permit, the chief building official shall have regard for the likelihood of subsequent approvals being available in a timely fashion such that a project is not interrupted and exposed to potential damage from the elements while awaiting subsequent approvals.

4.9. The chief building official shall not, by reason of the issuance of a partial permit pursuant to this By-law, be under any obligation to grant any additional permits.

Applications for Conditional Permits

4.10. In addition to the requirements of subsection 4.5, every application for a conditional permit shall:

4.10.1. include a written statement of the reasons why the chief building official believes unreasonable delays in construction would occur if a conditional permit is not granted; and

4.10.2. include a written statement of the necessary approvals which must be obtained in respect of the proposed building in order for the permit to be issued and the time in which such approvals will be obtained.

4.11. The chief building official may, at his or her discretion, issue a conditional permit where unreasonable delays are anticipated in obtaining all necessary approvals and where the relevant provisions of this By-law and the Act are met.

Applications for Permits for Change of Use

4.12. Every application for a permit for a change of use shall;

4.12.1. be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 and Schedule B of this By-law;

Application for a Certified Model

4.13. An applicant may file an application for a certified model.

4.14. Every application for a certified model shall;

4.14.1. be made on an application form prescribed by the chief building official; and

4.14.2. be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 of this By-law.

4.15. Plans and specifications forming part of each certified model application shall be deemed to form part of the permit documents of each permit subsequently issued under the Act.

Abandoned Permit Applications

4.16. Where an application for a permit remains incomplete and inactive for six months after the applicant has been advised in writing of all the reasons for refusal, the application may be deemed by the chief building official to have been abandoned and written notice of the cancellation thereof shall be given to the applicant.

Revisions to Permits

4.17. After the issuance of a permit under the Act, the applicant shall give notice in writing of any material change to a plan, specification, document or other information upon which a permit was issued to the chief building official, together with the details of such change, which change shall not be made without the prior written authorization of the chief building official.

4.18. Application for authorization of any substantial change shall constitute a revised submission or a supplementary submission.

5. PLANS AND SPECIFICATIONS

5.1. As part of the application for a permit and in addition to the requirements of section 4 of this by-law, every applicant shall submit to the chief building official the following:

5.1.1. sufficient plans, specifications, documents, forms and such other information as may be deemed necessary by 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;

5.1.2. Where a site plan is required to satisfy section 5.1.1, the site plan shall reference a current plan of survey certified by a registered Ontario Land Surveyor and shall include:

5.1.2.1. lot size and dimensions of the property;

5.1.2.2. setbacks from existing and proposed buildings to property boundaries and to each other;

5.1.2.3. existing and finished ground levels or grades; and

5.1.2.4. existing rights of way, easements and municipal services; and

5.1.2.5. a copy of a current plan of survey, unless the chief building official waives this requirement.

5.2. As part of an application for a certified model, every applicant shall submit to the chief building official sufficient plans, specifications, documents, forms and such other information as may be deemed necessary by the chief building official to determine whether the proposed construction conforms to the Building Code.

5.3. Plans, specifications and other documents submitted by an applicant shall:

5.3.1. be fully coordinated among design disciplines and intended for construction, demolition or change of use;

5.3.2. be fully dimensioned and drawn to a suitable scale that clearly depicts the proposed construction, demolition or change of use;

5.3.3. be submitted on paper or other suitable and durable material; and

5.3.4. contain information and text that is clear and legible.

5.4. Unless otherwise deemed necessary by the chief building official, every application shall be accompanied by two sets of plans, specifications, forms, documents and other information required to facilitate the administration and enforcement of the Building Code.

5.5. On completion of the construction of a building, the chief building official may require the applicant to submit a set of as constructed plans, including a plan of survey showing the location of the building.

5.6. Plans and specifications submitted in accordance with this By-law or otherwise required by the Act become the property of the Town and will be disposed of or retained in accordance with relevant legislation or by-law.

6. AUTHORIZATION OF ALTERNATIVE SOLUTIONS

6.1. Where approval for an alternative solution under the Building Code is proposed in either the application for a permit, or in a material change to a plan, specification, document or other information on the basis of which a permit was issued, the applicant shall submit:

6.1.1. an application on a form prescribed by the chief building official;

6.1.2. supporting documentation demonstrating that the proposed alternative solution will provide the level of performance required by the Building Code; and

6.1.3. payment of the required fee prescribed by Schedule A.

7. FEES AND REFUNDS

7.1. The chief building official shall determine the required application fees in accordance with Schedule "A" to this By-law.

7.2. The chief building official shall not issue a permit until fees required by this By-law have been paid in full by the applicant.

7.3. In addition to the fees paid at the time of building permit application, when an applicant makes supplementary submissions and revised submissions, the applicant shall pay the prescribed fee which shall be calculated in accordance with Schedule “A”.

7.4. In the case of withdrawal or abandonment of an application, or refusal of a permit, and upon written request by the applicant, the chief building official may refund any unearned fees which shall be calculated in accordance with section 3 of Schedule “A”.

7.5. For the purposes of subsection 7.4, the fees earned by the Town shall be the proportion of the total fees payable earned at the time of the request to be calculated in accordance with section 3 of Schedule “A”.

7.6. There shall be no refund of permit fees where a permit has been revoked, except where the permit was issued in error or where the applicant requests revocation no more than six months after the permit is issued. In such cases, the amount of refund shall be calculated in accordance with section 3 of Schedule “A”.

8. TRANSFER OF PERMITS

8.1. Permits may not be transferred without the approval of the chief building official.

8.2. To transfer a permit, the new owner shall complete and submit an application form in accordance with the requirements of Section 4 of this by-law and pay the required fee as prescribed by Schedule “A”.

8.3. Upon the transfer of the permit by the chief building official, the new owner shall be the permit holder for the purpose of this By-law, the Act and the Building Code.

9. NOTICES FOR INSPECTIONS

9.1. Notices required by the Building Code or this By-law shall be made by the owner using the interactive “Permit Inspection Request Line (905-475-4850)” and by following the directions given.

9.2. Inspection notices are required a minimum of two business days prior to the stages of construction specified therein and shall be given in accordance with the requirements of Subsection 1.3.5 Division C of the Building Code.

9.3. The person to whom the permit has been issued shall notify the chief building official or a Registered Code Agency where one is appointed, of each stage of construction for which a notice is prescribed by the Building Code.

9.4. Notwithstanding section 10, the person to whom the permit has been issued shall notify the chief building official of the date of completion of the building or demolition work no more than two days after that date.

9.5. In addition to the notices prescribed in article 1.3.5.1 Division C of the Building Code, the person to whom a permit has been issued shall give the chief building official notice of the readiness for inspection for the following stages of construction, where applicable:

9.5.1. commencement of construction of the building

9.5.2. commencement of construction of:

9.5.2.1. masonry fireplaces and masonry chimneys,

9.5.2.2. factory-built fireplaces and allied chimneys,

9.5.2.3. stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys

9.5.3. substantial completion of interior finishes

10. REGISTERED CODE AGENCIES

10.1. The chief building official is authorized to enter into and sign contracts for service agreements with Registered Code Agencies and appoint them to perform specified functions from time to time in order to maintain the time periods for permits prescribed in article 1.3.1.3.Division C of the Building Code.

10.2. A Registered Code Agency may be appointed to perform one or more of the specified functions described in section 15.15 of the Act.

11. FENCING CONSTRUCTION SITES

11.1. Where, in the opinion of the chief building official, a construction or demolition site presents a hazard to the public, the chief building official may require the permit holder to erect such fencing to the standards and specifications that the chief building official deems to be appropriate in the circumstances.

11.2. When determining if a construction or demolition site presents a hazard to the public and requires the erection of fencing and the type of fencing required, the chief building official shall have regard to:

11.2.1. the proximity of the construction site to occupied dwellings;

11.2.2. the proximity of the construction site to lands accessible to the public, including but not limited to streets, parks, and commercial and institutional activities;

11.2.3. the hazards presented by the construction activities and materials;

11.2.4. the feasibility and effectiveness of site fencing; and

11.2.5. the duration of the hazard.

11.3. When the chief building official is of the opinion that fencing is required, the permit holder shall, prior to the commencement of any construction, demolition, or placement of materials or equipment on site, erect or cause to be erected fencing to the standards required by the chief building official to enclose the construction or demolition site for the purpose of preventing unauthorized entry on the site. For the purposes of this section, construction or demolition site shall include the area of the proposed construction or demolition and any area where materials or equipment are stored or operated.

12. OFFENCES AND PENALTIES

12.1. Any person who contravenes any provision of this by-law is guilty of an offence and is liable upon conviction to a fine as provided for in the Act.

13. SEVERABILITY

13.1. Should any section, subsection, clause or provision of this By‑law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By‑law as a whole or any part thereof, other than the part so declared to be invalid.

14. MISCELLANEOUS

14.1. All Schedules shall be and form part of this By-law.

14.2. A reference to the singular or to the masculine shall be deemed to refer to the plural or feminine as the context may require.

15. REPEAL AND TRANSITION

15.1. By‑law Number 2007-268, is hereby repealed upon the date that this by-law comes into force.

15.2. Notwithstanding sections 15.1 and 16.1 of this by-law, for any complete application received prior to the effective date of this by-law, the provisions of By-law Number 2007-268 shall remain in force and effect for the purpose of that application.

16. EFFECTIVE DATE

16.1. This by-law shall come into force on the 1^st day of January, 2009.

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 9^th DAY OF DECEMBER, 2008.

___________________________ __________________________

Kimberly Kitteringham FRANK SCARPITTI

TOWN CLERK MAYOR

Note: Schedule "A" – Classes of Permit Fees and Refunds

Schedule “B” – Documents and Drawings Required for Permit Applications

SCHEDULE “A”

CLASSES OF PERMITS, FEES AND REFUNDS

1. CALCULATION OF PERMIT FEES

1.1 Permit fees shall be calculated using:

1.1.1 The flat rate where indicated in Column 5 of Table 1 of this Schedule, or

1.1.2 the product of the applicable fee multiplier in Column 4 of Table 1 of this Schedule and the related floor area or other measure specified in Column 3.

1.2 Except for classes of permits subject to flat rates, fees shall be based on the appropriate measure of the floor area of the project.

1.3 Except where otherwise exempt, in addition to the fees calculated according to subsections 1.1 and 1.2 fees shall also be assessed according to the number of plumbing fixtures and the size of supply piping and drainage piping as applicable.

1.4 Fees charged for the review of certified models shall be calculated using a fee multiplier equivalent to that applicable to Single Detached Dwellings determined in accordance with subsections 1.8 to 1.10 of this Schedule.

1.5 In addition to the fees calculated in accordance with Table 1 paid at the time of building permit application, fees for supplementary submissions and revised submissions shall be calculated at .$80.00/hour spent determining compliance.

1.6 Where supplementary submissions or revised submissions include certification of applicable law compliance, which compliance or applicability was incorrectly declared at the time of permit application, a fee of $250.00 for each applicable law certification shall apply.

1.7 In addition to the fees calculated in accordance with Table 1, each application for consideration of an alternative solution shall be accompanied by a non-refundable fee of $300.00.

1.8 When calculating fees based on floor areas, floor area is measured to the outer face of exterior walls and to the centreline of party walls or demising walls, except when calculating interior partition work. When measuring floor area for interior partitioning, corridors, lobbies, washrooms, lounges, and other similar facilities are to be included and classified according to the major occupancy classification for the floor area with which they are associated. Where these areas are constructed in a shell-only building, fees shall be calculated at the applicable partitioned rate in Table 1.

1.9 When measuring floor area, no deductions shall be allowed for floor openings required for such facilities as stairs, elevators, escalators, shafts and ducts. Interconnected floor spaces and atriums above their lowest level may be deducted from measured floor area.

1.10 Where incorporated with an application for a class of dwelling described in Rows 6 or 7 of Table 1, no additional fee is required for decks, fireplaces, unfinished basements, attached garages, heating or plumbing systems.

1.11 Where incorporated with an application for new construction, no additional fee shall be levied for sprinklers, fire alarms, electromagnetic locking devices, or other mechanical systems or equipment.

1.12 For interior partitioning, floor areas used for the calculation of fees shall be the lesser of:

1.12.1 the area contained within a rectangle encompassing the partitions being erected, or

1.12.2 the actual area of the tenant space;

1.12.3 but in no case shall the floor area be less than 50m²

1.13 The occupancy classifications used in this By-law are based on the Building Code major occupancy classifications. For mixed occupancy classifications, the total payable fee shall be calculated by applying the fee multiplier for each occupancy prescribed in Table 1 to the floor area measured for each individual occupancy and taking the sum of the fees calculated for each occupancy.

1.14 For permits for change of use, the fee multiplier for the proposed occupancy applies.

1.15 Where a change of use permit is denied, the fees paid may be credited to an alteration permit which incorporates the construction required to accommodate the change of use.

1.16 Except for temporary buildings on construction sites for office or sales purposes, fees for temporary buildings, including tents, apply to buildings erected for less than 30 days.

2. MINIMUM FEE

A minimum, non-refundable $100.00 shall be charged for any permit application.

3. CALCULATION OF REFUNDS

3.1 Pursuant to section 7 of this By-law, refunds shall be calculated as follows:

Refund = [Permit Fee Paid] – [Total Permit Fees Payable x % Permit Fee Earned]

3.2 The proportion of the total permit fee payable is earned according to the following schedule:

3.2.1 10% if administrative functions only have been performed;

3.2.2 20% if administrative functions and zoning review have been performed;

3.2.3 55% if administrative functions, zoning review and all or part of the Building Code review have been performed; and

3.2.4 An additional 10% for each inspection conducted whether or not construction is proceeding.

3.3 No refund is available for flat fees prescribed in Table 1 or for amounts less than $500.00.

4. ADMINISTRATIVE FEES

4.1 For construction or demolition commenced prior to permit issuance, to offset the additional investigative and administrative costs, the permit fee prescribed in Section 1 of this Schedule shall be increased by $300.00 upon the issuance of each Order to Comply under the Act and an additional $200.00 upon the issuance of a Stop Work Order. These additional fees are not penalties and do not relieve any person or corporation from complying with the Act, the Building Code or any applicable law.

4.2 To transfer a permit from one permit holder to another, an additional fee of $100.00 shall be payable.

4.3 Except as provided in 4.4, for written requests for information concerning a property’s compliance with the Building Code and applicable law, the fee shall be $80.00.

4.4 For written requests for information to support Provincial license applications unrelated to a current permit or permit application, the fee shal be $200.00 Where there is a current permit or permit application, the fee shall be $80.00

4.5 For the reproduction of documents, the fee shall be $10.00 plus 110% of the cost of reproduction, plus a fee for Town staff preparation time at $80.00/hour.

4.6 Where a requested inspection reveals an infraction which was identified at a previous inspection and not remedied, an additional fee of $100.00 shall be payable prior to subsequent inspections being scheduled.

4.7 Where an inspector determines that work for which an inspection has been requested is not sufficiently complete to allow proper inspection, an additional fee of $100.00 shall be payable prior to subsequent inspections being scheduled.

4.8 For phased projects, in addition to the permit fee for the complete building, an additional fee of $500.00 for each phase shall be payable.

4.9 For conditional permits, the fee shall be the permit fee for the proposed construction plus an additional 10% of that fee. A minimum additional fee of $100.00 and a maximum of $2000.00 applies to conditional permits. Conditional permit fees are not refundable.

4.10 Notwithstanding subsection 1.5 of this Schedule, for changes of house models, an additional fee of $300.00 plus the fee in Table 1 corresponding to new home construction for any resulting increase in floor area shall be payable. Where the floor area is reduced, no refund applies.

4.11 When a permit is suspended or is deemed incomplete and an inspection is subsequently requested, an additional fee of $200.00 shall be paid for each such inspection.