Building By-law

1. Short title

1.1 This by-law shall be known as the “Building By-law.”

2. Definitions

2.1 Act– shall mean the Building Code Act, 1992, S.O. 1992, c.23, as amended.

2.2 Applicable Law – shall mean applicable law as defined in Section 1.1.3.3 of the Building Code.

2.3 Applicant – shall mean the owner or authorized agent of an owner of a building or property who applies for a permit 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.

2.4 Application – shall mean a form as prescribed in the Regulations, by the Minister or any additional form created and required by the Municipality.

2.5 As Constructed Plans – shall mean as constructed plans as defined in the Act.

2.6 Architect – shall mean a holder of a licence, a certificate of practice, or a temporary licence issued under the Architect’s Act as defined in the Building Code.

2.7 Authorized Agent – shall mean a person authorized to act on behalf of the
owner of a property or building.

2.8 Building – shall mean a building as defined in Section 1(1) of the Act or a farm building as defined in the National Farm Building Code of Canada.

2.9 Building Code – shall mean the Regulations made under Section 34 of the Act.

2.10 Building Inspector - shall mean the Chief Building Official, Deputy Chief Building Official, an Inspector or a Public Health Inspector appointed by by-law by the Corporation of Norfolk County for the purposes of enforcement of the Act.

2.11 Change of Use Permit – shall mean a permit issued by the Chief Building Official under Section 10 of the Act for the change of use of a building or part thereof.

2.12 Chief Building Official – shall mean the Chief Building Official or Chief Official as appointed by the Corporation of Norfolk County for the purposes of enforcement of the Act.

2.13 Conditional Permit – shall mean a permit issued by the Chief Building Official under Section 8.3 of the Act.

2.14 Construct – shall mean construct as defined in subsection 1(1) of the Act.

2.15 Corporation – shall mean The Corporation of Norfolk County.

2.16 Demolish – shall mean demolish as defined in subsection 1(1) of the Act.

2.17 Director – shall mean the person appointed as director under Section 2 of the Act.

2.18 Minister – shall mean the Minister of Municipal Affairs and Housing.

2.19 Municipality – shall mean Norfolk County.

2.20 Occupancy Permit – shall mean permission to occupy or an occupancy certificate of a building not fully completed.

2.21 Partial Permit – shall mean a partial permit issued by the municipality prior to the issuance of a permit for construction of part of a building.

2.22 Permit – shall mean permission or authorization 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.

2.23 Permit Holder – shall mean the owner to whom a permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred.

2.24 Plumbing – shall mean plumbing as defined in the Act.

2.25 Principal Authority – shall mean principal authority as defined in the Act.

2.26 Professional Engineer – shall mean a person who holds a licence or a temporary licence under the Professional Engineer’s Act as defined in the Building Code.

2.27 Regulations – shall mean the Regulations passed pursuant to the Act.

2.28 Sewage System – shall mean a sewage system as defined in Section 1(1) of the Act.

2.29 Statutory Holiday – shall mean those statutory holidays as defined in the Interpretation Act.

2.30 Swimming Pool – shall mean any constructed, manufactured, inflated or fabricated structure used for, intended to be used for or constructed, manufactured, inflated or fabricated for, the purpose of swimming, diving, wading or bathing which could, when filled, contain a depth of 45.72 centimetres (18 inches) or more of water at any given section and is not enclosed and covered by an accessory structure but shall not include fish ponds, hot tubs, spas or irrigation ponds.

2.31 Work – shall mean construction or demolition of a building or part thereof, as the case may be.

2.32 Working Day – shall mean Monday to Friday inclusive but shall exclude statutory holidays.

2.33 Word – any word or term not defined in this by-law, that is defined in the Act or Building Code shall have the meaning ascribed to it in the Act or the Building Code.

3. Classes of permits

3.1 The classes of permits established within this by-law are set out in Schedule ‘A’ forming part of this by-law.

4. General provisions for permits

4.1 A permit is required for all construction, demolition and change of use as regulated under the Building Code Act.

4.2 A permit is required for all swimming pools as defined in this by-law.

4.3 In order to obtain a permit, the owner or authorized agent shall file an application, in writing.

4.4 Every application for a permit shall be submitted to the Chief Building Official and shall contain the information as outlined in Section 5 forming part of this by-law.

4.5 After the issuance of a permit, and prior to any changes in construction, application shall be made in writing to the Chief Building Official for any revision of the permit.

4.6 A permit may be transferred if the new land owner completes the permit application form in accordance with the requirements of this by-law.

4.7 With regard to Section 4.5 of this by-law, the new owner shall, upon a transfer of a permit, be the permit holder for the purpose of the Act and the Building Code.

5. Applications

5.1 Every application for a permit shall be made in the form prescribed by the Minister.

5.2 Every application shall be submitted with sufficient information to enable the Chief Building Official to determine whether or not the proposed construction, demolition, change of use or transfer of permit will conform to the Act, the Building Code and any other applicable law.

5.3 Without limiting the generality of the foregoing, and except as otherwise permitted by the Chief Building Official, every application shall include information as contained in Schedule ‘C’ forming part of this by-law.

6. Partial permits

6.1 When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project, an application shall be made in the prescribed form and all applicable fees shall be paid for the complete project.

6.2 In addition to Section 6.1, complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official.

6.3 Where a partial permit is requested, the application shall be deemed to be incomplete.

6.4 A partial permit shall not be construed to authorize construction beyond the plans for which approval was given nor shall it be construed to mean that approval will necessarily be granted for the entire building or project.

6.5 An application for a partial permit shall be in the form prescribed by the Minister.

7. Conditional permit

7.1 Where an application is made for a conditional permit under subsection 8(3) of the Act, the application shall contain all the requirements as outlined in Schedule ‘D’ forming part of this by-law.

7.2 An application for a conditional permit shall be made on the form prescribed by the Minister.

8. Change of use permits 

8.1 Where an application is made for a change of use permit issued under subsection 10(1) of the Act, the application shall contain all information as required under Schedule ‘E’ forming part of this by-law.

8.2 An application for a change of use permit shall be made on a form as prescribed by the Municipality.

9. Building permits 

9.1 Where application is made for a building permit under subsection 8(1) of the Act, the application shall:

9.1.1 Be made on the form as prescribed by the Minister;

9.1.2 Include complete plans and specifications, documents and other information as required by Article 2.4.1.1B of the Building Code and as described in this by-law for the work to be covered by the permit.

10. Demolition permits 

10.1 Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall be made on the form as prescribed by the Minister.

10.2 All applications for demolition permits shall contain the information required in Schedule ‘F’ forming part of this by-law.

11. Temporary permits 

11.1 A restricted permit for a temporary building may be issued by the Chief Building Official authorizing, for a limited time only, the erection or existence of a building or part thereof by submitting a deposit as
prescribed in Schedule ‘A’ forming part of this by-law.

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

11.3 An application for a temporary permit will be accompanied by whatever documentation deemed appropriate by the Chief Building Official.

12. Plans and specifications 

12.1 Each application shall, unless otherwise specified by the Chief Building Official, be contain information as listed in Schedule ‘G’ forming part of this by-law.

12.2 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.

12.3 On the completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of a building.

13. Architectural drawings 

13.1 Where architectural are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule ‘H’ forming part of this by-law.

14. Mechanical and electrical drawings 

14.1 Where mechanical and/or electrical drawings are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule ‘I’ forming part of this by-law.

15. Structural drawings 

15.1 Where structural drawings are required under the Act or the Regulations made thereunder, said drawings shall contain the information required under Schedule ‘J’ forming part of this by-law.

16. Soil reports 

16.1 Where the Chief Building Official requires a soil report, one copy of such report shall be submitted.

17. Fees

17.1 Fees for a required permit shall be in accordance with Schedule ‘A’ forming part of this by-law.

17.2 Where the fees are based on the cost or estimated value of the proposed work, such cost or estimated value 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.

17.3 The Chief Building Official shall place an estimated value on the cost of work and whether or not the permit applicant or holder disagrees with this estimated value, the prescribed fee shall be paid before the issuance of a permit.

17.4 Upon completion of the work, if the actual cost of the work was less than the estimated value placed by the Chief Building Official, an audited statement shall be submitted detailing the cost of all component parts of the work, if a refund is being sought by the applicant.

17.5 If the statement referred to in Section 17.4 contains the cost of all components and parts of the work upon which the estimated value was required to be based, the Chief Building Official shall value the work in accordance with the audited statement and issue the appropriate refund, if any.

17.6 At the discretion of the Chief Building Official, a fee may be charged for inspections where, in the opinion of the Chief Building Official, the owner or his authorized agent has been negligent in preparing the work for a notified required inspection and an additional site visit and inspection is required of the inspector and such fee shall be prescribed in Schedule ‘A’ forming part of this by-law.

17.7 Non-payment of any fees assessed in this by-law shall cause the occupancy permit to be withheld.

17.8 With respect to work commenced prior to permit issuance or permit application, the permit fee prescribed shall be increased at the rate as prescribed in Schedule ‘A’ forming part of this by-law

17.9 Non-payment of fees assessed under Section 17.8 of this by-law shall cause the occupancy permit to be withheld.

17.10 In the case of withdrawal of an application, or the abandonment of all or a portion of the work, or refusal of a permit, 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 ‘B’ forming part of this by-law.

17.11 In regard to Section 4.5 of this by-law, a fee shall be payable on an application for a transfer of permit as provided in Schedule ‘A’ forming part of this by-law.

18. Notice requirements for inspections 

18.1 All inspections require two working days notice except those as prescribed otherwise in the Act.

19. Revocation of permits 

19.1 Prior to revoking a permit under subsection 8(10) of the Act, the Chief Building Official may serve a notice by personal service or registered mail at the last known address to the permit holder, and, following a thirty (30) day period from the date of service, the Chief Building Official may revoke the permit if grounds to revoke still exist without any further notice.

19.2 A permit holder may, within thirty (30) days from the date of service of a notice under Section 20.1 of this by-law, request in writing that the Chief Building Official defer the revocation by stating the reasons why the permit should not be revoked.

19.3 The Chief Building Official having regard to any changes to the Act, the Building Code or other applicable law, may allow the deferral in writing.

19.4 A request for deferral shall be accompanied by the non-refundable fee therefore set out in Schedule ‘A’ forming part of this by-law.

20. Enforcement 

20.1 This by-law shall be enforced by a Building Inspector.

21. Penalty 

21.1 Every person who contravenes this by-law is guilty of an offence and upon conviction is penalty in accordance with Section 24 of the Building Code Act, Chapter 23, S.O. 1992, as amended, and any other appropriate sections of the Act.

22. Severability 

22.1 In the event that any of the provisions of this by-law are deemed ultra vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.

23. Repeal 

23.1 That Norfolk County By-law 2001-124 and any amendments thereto are hereby repealed in their entirety.

24. Effective date 

24.1 That the effective date of this By-law shall be the date of final passage
thereof.

ENACTED AND PASSED THIS 12TH DAY OF JULY, 2005 .

Schedule ‘A’ Classes of permits and permit fees 

Amendment, as per By-law NO. 2011-131:

• Norfolk County's User Fees and Service Charges By-Law
• View User Fees

Schedule ‘B’ Refund of permit fees

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

1. Building Permits and Demolition Permits

(i) 80 percent if administrative functions only have been performed;

(ii) 70 percent if administrative and zoning functions only have been performed;

(iii) 45 percent if administrative, zoning and plan examination functions only have been performed;

(iv) 35 percent if the permit has been issued and no field inspections have been performed subsequent to permit issuance;

(v) 5 percent shall additionally be deducted for each field inspection that has been performed after the permit has been issued.

2. Plumbing Permits

(i) 75 percent if the permit has been issued and no field inspections have been performed subsequent to permit issuance;

(ii) 25 percent shall additionally be deducted for each field inspection that has been performed after the permit has been issued.

2. Temporary Building Deposits will be refunded upon removal of the temporary building or at the discretion of the Chief Building Official.

3. Not withstanding Section 1 above, no refund shall be made of a fee in the amount of less than $200.00.

Schedule ‘C’ Application requirements 

1. Identify and describe in detail, that is acceptable to the Chief Building Official, the work and proposed occupancy to be covered by the permit for which application is made.

2. The application shall include a description of the land on which the work is to be done in a manner that will readily identify and locate the building lot.

3. The application shall be accompanied by plans and specifications in accordance with Section 12 and Schedule ‘G’ of this by-law, unless otherwise approved by the Chief Building Official, and show the proposed the occupancy of all parts of the building.

4. The application shall state the contracted or estimate value of the proposed work and be accompanied by the prescribed fee.

5. The application shall include the names, addresses and telephone numbers of the owner, authorized agent, architect, professional engineer or designer and constructor.

6. The application shall be accompanied, where applicable, by a written acknowledgment of the owner that an architect or professional engineer has been retained to carry out the field review of the construction, as described in Section 2.3 of the Regulations.

7. The application shall be signed by the owner or authorized agent who shall certify the truth of the contents of the application.

8. The application shall include a civic addressing property number assigned by the municipality for emergency response.

9. An application for a permit that is incomplete or inactive six months after it is initially made shall be deemed by the Chief Building Official to have been abandoned.

10. Where an application has been deemed to be abandoned, a new application must be filed for the proposed work.

Schedule ‘D’ Conditional permits 

1. All conditional permit applications shall include complete plans and specifications, documents and other information as required by Article 2.4.1.1B of the Building Code and as described in this by-law for the work covered by the permit;

2. All requests for conditional permits shall state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted;

3. All requests for conditional permits shall state the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained; and

4. All requests for conditional permits shall state the time in which plans and specifications of the complete building will be filed with the Chief Building Official.

Schedule ‘E’ Change of use permits 

1. All applications for change of use permits shall describe the building in which the occupancy is to be changed by a description that will readily identify and locate the building.

2. All applications for change of use permits shall identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made.

3. All applications for change of use permits shall include complete plans and specifications showing the current and proposed occupancy of all parts of the building, and 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, details of the existing sewage system, if any.

4. All applications for change of use permits shall be accompanied by the required fee.

5. All applications for change of use permits shall state the name, address and telephone number of the owner.

6. All applications for change of use permits shall be signed by the owner or authorized agent who shall certify the truth of the contents of the application.

Schedule ‘F’ Demolition permits 

1. All applications for a demolition permit shall include complete plans and specifications, documents and other information as required by Article 2.4.1.1B and Sentence 2.4.1.1(2) of the Building Code and as described in this by-law for the work to be covered by the permit.

2. All applications for a demolition permit shall include proof satisfactory to the Chief Building Official, that arrangements have been made with the proper authorities for the cutting off and plugging of all services.

3. All applications for a demolition permit shall include a security deposit in such an amount as prescribed by the Chief Building Official to ensure that the site will be backfilled and graded with clean fill material to the Chief Building Official’s satisfaction and that all private drain connections will be excavated and properly sealed at the property line.

Schedule ‘G’ Plans and specifications 

1. All applications shall be accompanied by two complete set of the plans and specifications as described in this by-law and Schedule ‘C’ forming part of this by-law.

2. Plans shall be drawn to scale (min. 1:75 or 3/16” = 1’) on paper, cloth, electronic media approved by the Corporation or other durable material and shall be legible.

3. Site plans shall be referenced to an up-to-date survey, indicating the legal description (lot, block, plan, concession) and, when required to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of the survey shall be submitted to the Chief Building Official.

4. Further to the aforementioned, all site plans shall show:

4.1 lot size and the dimensions of the property lines and setbacks to any existing or proposed buildings;

4.2 indicate all lot boundaries and survey stakes;

4.3 show the proposed location, use, height (number of storeys) and dimensions of any building existing and/or proposed and its relationship to adjoining buildings;

4.4 indicate existing contours of the land and proposed new contours, if any changes in site are contemplated;

4.5 indicate proposed final lot grading plan, showing the geodetic elevation (where available) of final grade at lot corners and adjacent to the building;

4.6 indicate existing rights-of-way, easements and municipal services if applicable;

4.7 the individual site plan must agree fully with the subdivider’s lot grading plan approved by the Corporation;

4.8 if no lot grading plan has been approved by the Corporation, then grading of the lot must be along the guidelines set forth in N.H.A. publication 1176 10.69;

4.9 Show all information relative to landscaping, drainage, retaining walls and any other such physical additions necessary to the site plan.

4.10 In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans.

Schedule ‘H’ Architectural drawings

1. Two copies of architectural drawings shall be provided to the Chief Building Official.

2. The architectural drawings shall contain the following:

2.1 The major components of fire protection schematically or in writing;

2.2 The division of the building by firewalls;

2.3 The building area in square feel or square metres;

2.4 The degree of fire separation of storeys, shafts and special rooms or areas including the location and rating of closures in fire separations;

2.5 The source of information for fire-resistance rating of elements of construction (to be indicated on large-scale sections);

2.6 The location of all exits;

2.7 Location of all fire suppression systems; and

2.8 Any other information that the Chief Building Official deems necessary.

Schedule ‘I’ Mechanical and electrical drawings 

1. Two copies of mechanical and/or electrical drawings shall be provided to the Chief Building Official.

2. The electrical and/or mechanical drawings shall:

2.1 show the provisions for the plumbing and heating systems as may be noted and shown on the architectural drawings;

2.2 be a separate set of drawings for either electrical and mechanical or both;

2.3 contain all details necessary for checking the installations;

2.4 include:

2.4 (i) name, type and location of building;

2.4 (ii) name of owner;

2.4 (iii) name of architect;

2.4 (iv) name of engineer or designer;

2.4 (v) north point on plans;

2.4 (vi) dimensions and height of all rooms;

2.4 (vii) intended use of all rooms;

2.4 (viii) details or description of wall, roof, ceiling and floor construction, including insulation;

2.4 (ix) detail or description of windows and outside doors, including size, weather-stripping, storm sash, sills and storm doors;

2.4 (x) size and continuity of all pipes, ducts, shafts, flues and fire dampers;

2.4 (xi) location, size, capacity and type of all principal units of equipment;

2.4 (xii) size, shape and height of chimney or gas vent;

2.4 (xiii) size and location of combustion air and ventilation openings;

2.4 (xiv) location and grade of required fire separations;

2.4 (xv) the location of the fire protection equipment such as manual pull stations, exit lights, detectors, alarm bells, control panels, sprinklers, fire hose cabinets, fire dampers and annunciators for each area where required; and

2.4 (xvi) any other information the Chief Building Official deems necessary.

Schedule ‘J’ Structural drawings

1. Two copies of all structural drawings shall be provided to the Chief Building Official.

2. The structural drawings shall bear the authorized professional seal and signature of the designer.

3. The structural drawings shall contain, in addition to any requirements within the Regulations:

3.1 The name and address of the person responsible for the structural
design;

3.2 The date of issue of any codes or standards to which the design conforms;

3.3 The dimensions, location and size of all structural members in sufficient detail to enable the design to be checked;

3.4 Sufficient detail to enable the loads due to materials of construction incorporated in the building to be determined;

3.5 All intended uses and occupancies;

3.6 All effects and loads, other than dead loads, used in the design of the structural members; and

3.7 Any other information that the Chief Building Official deems necessary.

Amendments

This online version of the by-law includes the following amendments: 

• By-law 2011-131 - Being a By-law to amend By-law 2005-179, to provide for the construction, demolition, change of use and transfer of permits and inspections.