THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW NUMBER 1146

Being a By-law respecting Construction, Demolition, Change of Use,
Conditional Permits and Inspections

WHEREAS Section 7 of the Building Code Act, 1992, s.o. 1002 c. 23 as amended, empowers
Council to pass certain by-laws respecting construction, demolition, change of use, conditional permits and inspections.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF NIPISSING 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,

2.1.1 “Act” means the Building Code Act, 1992, as amended, including amendments
thereto.

2.1.2 “As Constructed Plans” means as constructed plans as defined in the Building
Code.

2.1.3 “Building” means a building as defined in Section 1.-(1) of the Act.

2.1.4 “Building Area” means the greatest horizontal area of a building within the outside surface of the exterior walls.

2.1.5 “Building Code” means the Regulations made under Section 34 of the Act.

2.1.6 “Chief Building Official” means the Chief Building Official appointed by the By-law of the Corporation of the Township of Nipissing for the purposes of enforcement of the Act.

2.1.7 “Completion” permit means a permit that is obtained to complete a project that has had a portion of the project constructed without benefit of a permit. The permit fee for this class of permit includes the cost of any enforcement required to obtain compliance.

2.1.8 “Corporation” means the Corporation of the Township of Nipissing.

2.1.9 “Farm Building” means a farm building as defined in the Building Code.

2.1.10 “Permit” means written permission or written authorization from the Chief Building Official to perform work regulated by this By-law and the Act.

2.1.11 “Plumbing” means plumbing as defined in Section 1.-(1) of the Act.

2.1.12 “Remedy Unsafe Permit” means a permit that has become necessary due to a building being determined to be unsafe by the Chief Building Official. The permit fee for this class of permit includes the cost of any enforcement required to obtain compliance.

2.1.13 “Sewage System” means a sewage system as defined in the Building Code.

3. CLASSES OF PERMITS

3.1 Classes of permits with respect to the construction, demolition and change of use
of buildings and permit fees shall be as set out in Schedule “A”.

4. REQUIREMENTS FOR APPLICATIONS

4.1 The Application
To obtain a permit, the owner or an agent authorized by the owner shall file an application in writing by completing a prescribed form available at the office
of the Chief Building Official or from the Building Code website
www.obc.mah.gov.on.ca

4.2 Where application is made for a building permit under Subsection 8.-(1) of the Act,
the application shall:

4.2.1.1 Identify and describe in detail the work and the occupancy to be covered by the permit for which application is made.

4.2.1.2 Describe the land on which work is to be done, by a description that will readily identify and locate the building lot.

4.2.1.3 Include a minimum of two sets of complete plans and specifications for the work to be covered by the permit and show the occupancy of all parts of the building.

4.2.1.4 State the valuation of the proposed work including materials and labour and be accompanied by the required fee.

4.2.1.5 State the names, addresses and telephone numbers of the owner and of the architect or engineer, where applicable, or other designer or contractor.

4.2.1.6 Be accompanied by a written acknowledgment 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,

4.2.1.7 Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application.

4.2.2 Where application is made for a demolition permit under Subsection 8.-(1) of the Act, the
application shall,

4.2.2.1 Contain the information required by clauses 4.2.1.1 to 4.2.1.7 and

4.2.2.2 May be required to be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the cutting off and plugging of all water, sewer, electric, telephone or other utilities and services.

4.2.3 Where application is made for a conditional permit under Subsection 8.-(3) of the Act, the application shall:

4.2.3.1 Contain the information required by clauses 4.2.1.to 4.2.1.7,

4.2.3.2. Contain such other information, plans and specifications concerning the complete project as the Chief Building Official may require,

4.2.3.3 State the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted.

4.2.3.4 State the necessary approvals, which must be obtained in respect of the proposed building and the time in which such approvals will be obtained.

4.2.3.5 State the time in which plans and specifications of the complete building will be filed with the Chief Building Official.

4.3.1 Every applicant for a change of use permit issued under Subsection 10.-(1) of the Act shall be submitted to the Chief Building Official and shall:

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

4.3.1.2 Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made,

4.3.1.3 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 capabilities,

4.3.1.4. Be accompanied by the required fee,

4.3.1.5 State the name, address and telephone number of the owner, and

4.3.1.6 Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application.

4.4 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;

4.4.1 A description of the proposed material, system or building design for which the authorization under Section 9 of the Act is requested,

4.4.2 Any applicable provisions of the Building Code,

4.4.3 Evidence that the proposed material, system or building design will provide the level of performance required by the Building Code, including past history of product performance and specifications.

4.5 PLANS AND SPECIFICATIONS

4.5.1 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 of use will conform to the Act, the Building Code and any other applicable law.

4.5.2 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 shall not be made without the written authorization of the Chief Building Official

4.5.3 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.

4.5.4 Plans shall be drawn to scale on paper, 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 by-law, unless otherwise specified by the Chief Building Official.

4.5.5 Site plans shall be accurately drawn to scale, and when required by the Chief Building Official to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of a survey prepared by an Ontario Land Surveyor shall be submitted. Site Plans shall show:

4.5.5.1 Lot size and the dimensions of the property lines and setbacks to any existing or proposed buildings,

4.5.5.2 Existing and finished ground levels or grades,

4.5.5.3 Existing rights-of-way, easements and municipal services.

4.5.5.4 Setbacks from potential hazard lands and shorelines.

4.5.6 Verification by an Ontario Land Surveyor of by-law compliance may be required before proceeding past foundation state, if required by the Chief Building Official.

4.6 FORMS The forms prescribed for use as applications for permits, for orders and for inspections reports shall be set out in Schedule “B” to this By-law.

5. PAYMENT OF FEES

5.1 Fees for a required permit shall be as set out in Schedule “A” to this by-law and are due and payable upon submission of an application for a permit.

6. REFUNDS No refunds.

7. NOTICE OF REQUIREMENTS FOR INSPECTIONS

7.1 The owner or an authorized agent shall notify the Chief Building Official at least two (2) business days prior to each stage of construction for which notice in advance is required under the Building Code. In addition to the prescribed notice contained in 2.4.5.1 of the Building Code, notice of any solid fueled fired appliance rough in and notice of the final inspection detailed in clauses 2.4.5.2.(1) (c) and 2.4.5.2.(1) (i) is also required. Additional inspections may be required or carried out at the discretion of the Chief Building Official.

7.2 Notice may be given in one of the following ways:
1. Phone message at (705) 724-3638
2. Fax at (705) 724-5385
3. In person to the Chief Building Official during office hours.

8. AS CONSTRUCTED PLANS

8.1 The Chief Building Official may require that a set of plans of a building or any class of building as constructed be filed with the Chief Building Official on completion of construction under such conditions as may be prescribed in the Building Code.

9. REPEAL OF BY-LAWS

9.1 By-law 1135, as amended, of the Corporation of the Township of Nipissing is hereby repealed.

READ THE FIRST, SECOND AND THIRD TIME AND PASSED THIS 10TH DAY OF JANUARY, 2006.

___________________________
MAYOR

___________________________
CLERK-TREASURER

SCHEDULE “A”

This Schedule may be short titled: “Building Permit Fee Schedule”

Type of Permit Authority Fee Amount
1 Residential Building Code Act $400.00 for the first one hundred square metres of building envelope and an additional $15.00 every ten square metres thereafter.
2 Residential
accessory building Building Code Act $120.00 for the first thirty square metres of building constructed and an additional $10.00 for every ten square metres thereafter.

3 Residential alterations, additions and exterior decks
. Building Code Act $150.00 for the fist thirty square metres of building constructed and an additional $10.00 for every ten square metres thereafter.
4 Commercial and Industrial
building Building Code
Act $600.00 for the first one hundred square metres of building constructed
and an additional $25.00 for every ten square metres thereafter.
5 Commercial and Industrial accessory building Building Code
Act $150.00 for the first thirty square metres constructed and an additional $15.00 for every ten square metres thereafter.
6 Commercial and industrial alterations, additions, and exterior decks Building Code
Act $150.00 for the first thirty square metres constructed and an additional $15.00 for every ten square metres thereafter.
7 Hunt camp or hunt camp addition Building Code Act $300.00 fee.
8 Demolition permit Building Code Act $50.00 fee.
9 Renewal permit Building Code
Act 50% of the original fee.
10 Pool permit Building Code Act $80.00 fee.
11 Boathouse main use Building Code Act $200.00 fee.
12 Change of Use Building Code Act $100.00 fee.
13 Remedy Unsafe
Inspection Building Code Act $50.00 fee.
14 Conditional Permit Building Code Act $300.00 fee.
15 Farm Building Building Code Act $250.00 for the first one hundred square metres of building envelope and an additional $10.00 for every ten square metres thereafter
16 Farm Building Alterations & Additions Building Code Act $100.00 for the first thirty square metres and an additional $ 10.00 for every ten square metres thereafter
17 Swimming Pool Building Code Act $ 80.00 Fee
18 Move a Building Building Code Act $ 25.00 Fee