Building Bylaw

Whereas Section 7 of the Building Code Act, 1992 S.O. 1992, Chapter 23 as amended, empowers Council to pass certain bylaws respecting construction, demolition, change of use, transfer of permits, inspections and the setting and refunding of fees;

Therefore the Council of The Corporation of The City of Kingston enacts as follows:

For the purposes of this Bylaw:

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 by the owner 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;

Architect means the holder of a license, certificate of practice or a temporary license issued under the Architects Act as defined in Building Code;

Building means a "building" as defined in subsection 1(1) of the

Building Code means the regulations made under Section 34 of the Act;

Chief Building Official means the Chief Building Official appointed pursuant to subsection 3(2) of the Act and by Bylaw of the City for the purposes of enforcement of the Act;

Construct means construct as defined in Subsection 1(1) of the Act, Construction shall have a corresponding meaning;

Construction Site means the part of the parcel of land on which or Demolition related activities are occurring, and includes any area materials and equipment appurtenant to any Construction or activities. The Construction Site may occupy the entire parcel of land or portion of the land parcel;

City means the Corporation of the City of Kingston;

Demolish means demolish as defined in Subsection 1(1) of the Act; Demolition shall have a corresponding meaning;

Designer means an Architect, Engineer or Designer qualified to carry out design activities under the Act;

Fees and Charges Bylaw means Bylaw Number 2005-10, "A Bylaw to establish fees and charges to be collected by the City of Kingston", as it reads at the time of Permit application;

Gross Floor Area means the area of the proposed Work measured to the outer face of exterior walls and to the centerline of party walls or demising walls and shall include mechanical penthouses and floors, mezzanines, lofts, habitable attics, interior balconies, openings within floor areas (stairs, elevators, shafts, etcetera) with the exception of interconnected floor areas, but not unfinished basements and attached garages for single detached, semi-detached, duplex, and townhouse dwellings. Where there is no floor or walls, the Gross Floor Area shall be the greatest horizontal area of the structure;

Inspector means an employee of the City appointed pursuant to subsection 3(2) of the Act and by Bylaw of the City for the purposes of enforcement of the Act;

Owner means the registered owner of the property on which the Work will take place and includes a lessee, mortgagee in possession, and the authorized agent in lawful control of the property;

Permit means permission or authorization given in writing from 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 a permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred;

Professional Engineer or "Engineer" means a person who holds a license or temporary license under the Professional Engineers Act, as defined in the Building Code;

Public Way means "public way" as defined in Ontario Regulation 213/91, as amended;

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

Sewage System means a Sewage System as defined in Article 1.4.1.2 of Division A of the Building Code;

Work means Construction or Demolition or change of use or plumbing for a Building which is regulated by the Act and the Building code;

1.2 Any word or term not defined in this bylaw, that is defined in the Act or Building Code shall have the meaning ascribed to it in the Act or the Building Code.

2.1 The Classes of Permits set out in Schedule "A" of this Bylaw are hereby established.

3.1 To obtain a Permit, the Owner or an agent authorized in writing by the Owner shall first pay the required fee and shall file an application in writing, or where applicable, electronically in the case of an online application by completing a prescribed form.

3.2 Every application for a permit shall be submitted to the Chief Official.

(1) Application for Permit to Construct

Where application is made for a Construction Permit under Subsection 8(1) of the Act, the Applicant shall:

1. use the provincial application form, "Application for a Permit to Construct or Demolish"; and
2. include complete plans and specifications, documents and other information as required by Article 1.3.1.3 of Division C of the Building Code and as described in this Bylaw for the Work to be covered by the Permit.

1. use the provincial application form, "Application for a Permit to Construct or Demolish"; and
2. include complete plans and specifications, documents and other information as required by the Building Code and as described in this bylaw for the work to be covered by the permit; and
3. include the following:

(2) Application for Permit to Demolish

Where application is made for a demolition permit under Subsection 8(1) of the Act, the applicant shall:

1. proof satisfactory to the Chief Building Official that arrangements have been made with the proper authorities for the cutting off of all services; and
2. written confirmation on the City’s prescribed form that the site will be backfilled and graded with clean fill material to his or her satisfaction and that all private drain connections will be excavated and properly sealed at the property line.

(3) Request for Conditional Permit

Where a request is made for a conditional Permit in with a pending application for a Permit to Construct under Subsection 8(3) of the Act, the Applicant shall:

1. use the conditional Permit application form authorized by the Chief Building Official;
2. include complete plans and specifications, documents and other information as required by the Building Code and as described in this Bylaw for the Work to be covered by the Permit;
3. submit in writing the reasons why the Applicant believes that unreasonable delays in Construction would occur if a conditional Permit is not granted;
4. submit a written list of the necessary approvals which must be obtained in respect of the proposed Building and the time in which such approvals will be obtained;
5. provide the date by which plans and specifications of the complete Building will be filed with the Chief Building Official; and
6. shall pay the non-refundable conditional Permit fee in addition to any other fees.

(4) Application for Change of Use Permit

Where application is made for a change of use Permit under Subsection 10(1) of the Act the Applicant shall:

1. use the Provincial application form, "Application for a Permit to Construct or Demolish";
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; and
3. include complete plans and specifications showing 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 capacities; details of the existing Sewage System, if any; and any other drawings, documentation and other information required by the Chief Building Official to issue a Building Permit.

(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:

1. Use the provincial application form, "Application for a Permit to Construct or Demolish";
2. include complete plans and specifications, documents and other information as required by the Building Code and as described in this bylaw for the work to be covered by the permit;
3. include a site evaluation which shall include the following items, unless otherwise specified by the Chief Building Official:
   1. the date the evaluation was done;
   2. name, address, telephone number and signature of the person who prepared the evaluation; and
   3. 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. of the Building Code;
      • location of the proposed sewage system;
      • location of any unsuitable, disturbed or compacted areas;
      • proposed access routes for system maintenance;

(6) Application for Transfer of Application or Permit

Where application is made for a transfer of permit because of a change of ownership of the land, as permitted under Section 7 (h) of the Act, the applicant shall:

1. make such request in writing to the City;
2. provide the names and addresses of the previous and new land owner;
3. provide the date that the land ownership change took place;
4. describe the permit that is being transferred;
5. provide written confirmation from the original permit holder or owner that the permit is to be transferred;
6. provide written confirmation from the Designers that use of their drawings for this permit is acceptable;
7. provide new drawings where the drawings which formed the basis of the original permit issuance were prepared by the original owner and the owner is not a "Designer".
8. upon the transfer of the Permit by the Chief Building Official, the new Owner shall be the Permit Holder for the purpose of this Bylaw, the Act and the Building Code.

(7) Request for Partial Occupancy Permit

Where a request is made for a partial occupancy Permit under Section 11 of the Act and the Building Code where applicable, the Applicant shall:

1. use the application for partial occupancy form authorized by the Chief Building Official;
2. include complete plans and specifications, documents and other information as required by Article 1.3.3 of Division C of the Building Code;
3. include a statement indicating the expected occupancy dates, and the portions of the Building to be occupied; and
4. obtain all necessary Permits and approvals from other Municipal departments or outside agencies having jurisdiction.

(8) Request for Alternative Solution Approval

Where a request is made for approval of an alternative solution under Section 9 of the Act and the Building Code where applicable, the Applicant shall:

1. use the application for an alternative solution form prescribed by the Chief Building Official; and
2. include supporting documentation and test methods demonstrating that the proposed alternative solution will provide the level of safety and performance required by the Building Code.
3. Equivalents which are accepted under this subsection shall be applicable only to the location to which the approval is given and are not transferable to any other Permit to Construct.
4. In addition to the minimum non-refundable fee, the Owner or Permit Holder shall pay any additional costs that may be incurred by the City in relation to the evaluation process as determined by the Chief Building Official.

3.3 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,

1. application shall be made and all applicable fees paid for the complete project; and
2. complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official; and
3. where a partial permit is requested the application is deemed to be incomplete.

3.4 Where a permit is issued for part of a building or project this shall not be construed to authorize construction beyond the plans for which approval was given nor that approval will necessarily be granted for the entire building or project.

3.5 Where an application for a permit remains incomplete or inactive for six months after it is made the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. If an application is deemed to be abandoned, a new application must be filed for the proposed work.

3.6 Where the Chief Building Official determines that an application is incomplete, the Chief Building Official may commence to process the application if the Applicant acknowledges that the application is incomplete and submits the acknowledgement of incomplete application form authorized by the Chief Building Official

3.7 A Permit to Construct a temporary Building may be issued by the Building Official authorizing, for a limited time only, the erection existence of a Building or part thereof.

3.8 No person shall make a material change or cause a material change to be made to a plan, specification, document or other information on the basis of which a Permit was issued without notifying, filing details with and obtaining the authorization of the Chief Building Official. Substantial changes may constitute a revised submission and additional fees may be charged as per the Fees and Charges Bylaw and Schedule "A" of this Bylaw.

3.9 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.

4.1 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, change of use or transfer of permit will conform with the Act, the Building Code and any other applicable law.

4.2 Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of all plans and specifications and shall include the nature and extent of the Work and proposed use and occupancy.

4.3 Plans shall be drawn to scale on paper, electronic media approved by the City or other durable material and shall be legible.

4.4 Site plans shall be referenced to an up-to-date survey and, when required to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of the survey certified by a Registered Ontario Land Surveyor shall be submitted to the Chief Building Official. Site plans shall show the following:

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;
3. Existing rights-of-way, easements, private services and municipal services; and
4. Location of fire access routes.

4.5 On completion of the Construction of a Building, the Chief Building Official may require the Owner to provide a set of as constructed plans, including a plan of survey, by a registered Ontario Land Surveyor, showing the location of the Building, at the Owners cost.

4.6 Upon completion of the foundation, the Applicant shall submit and have approved, a Building location survey prepared by a registered Ontario Land Surveyor, including the top of foundation prior to the commencement of framing or above grade Works where required by the Chief Building Official.

4.7 Plans and specifications furnished according to this Bylaw or otherwise required by the Act become the property of the City and will be disposed of or retained in accordance with relevant legislation and the City’s Records Bylaw.

4.8 The Chief Building Official may require additional information to be provided at any time prior to the completion of the Work.

4.9 The issuance of a Permit, the review of the drawings and specifications, or inspections made by the Chief Building Official shall not in any way relieve the Owner of a Building from full responsibility for carrying out the Work or having the Work carried out in accordance with the requirements of this Bylaw and the Building Code, including ensuring that the occupancy of the Building, or any part thereof, is in accordance with the terms of this Bylaw and the Building Code.

5.1 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 the Building Code.

5.2 The registered code agency may be appointed to perform one or more of the specified functions described in Section 15.15 of the Act.

6.1 The Chief Building Official shall determine the required fees for the Work proposed calculated in accordance with the Fees and Charges Bylaw and Schedule "A" of this Bylaw and no Permit shall be issued until the fees are paid. For classes of Permits not described in the Fees and Charges Bylaw or Schedule "A" of this Bylaw, a reasonable Permit fee shall be applied by the Chief Building Official.

6.2 Any person or Corporation who commences Construction, Demolition or changes the use of a Building prior to issuance of a Permit, shall in addition to any other penalty under this Act, Building Code, or in this Bylaw pay an additional non-refundable fee in order to compensate the City for the additional Work incurred by such early start of Work. The additional fee shall be equal to Forty Percent (40%) of the amount calculated as the regular Permit fee but in no case shall the additional fee exceed Ten Thousand ($10,000.00) Dollars, or be less than the minimum fee.

6.3 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 P ermit fees that may be refunded to the Applicant, if any, in accordance with the Fees and Charges Bylaw and Schedule "A" of this Bylaw. No refund shall be applied where the Permit has been revoked, except where the Permit was issued in error. Any request for a Permit refund must be made by the Applicant in writing within twelve months of the date of Permit application. Refunds requested after this time will not be considered.

6.4 The amount of Permit fees to Construct or Demolish that may be refunded shall be the total fees paid less the cumulative percentage of fees applicable to the administration, review and inspection functions undertaken prior to receipt of the written request to the Chief Building Official as follows:

1. Eighty (80) percent if administrative functions only have been performed
2. Seventy (70) percent if administrative and zoning functions only have been performed;
3. Forty-Five (45) percent if administrative, zoning and plan examination functions have been performed;
4. Thirty-Five (35) percent if the Permit has been issued and no field inspections have been performed subsequent to Permit issuance;
5. Five (5) percent shall be deducted for each field inspection that has been performed after the Permit has been issued;
6. No refund shall be made for an amount less than the minimum Permit fee.
7. No refund shall be made for a limiting distance agreement, conditional Permit or authorization of an alternative solution.

6.5 Refunds shall be paid to the person named on the fee receipt issued by the City upon payment of the fee, unless the person directs in writing that the fee be refunded to another person.

6.6 Where the Chief Building Official determines that a limiting distance agreement is required pursuant to the Act and the Building Code, the Owner shall pay the fee as set out in the Fees and Charges Bylaw and Schedule "A" of this Bylaw prior to execution of the agreement by the Chief Building Official.

6.7 Permit Fees will be calculated at the time of application based upon the information provided on the application form and adjustments will be made, as required, during the review process. The balance of fees owing and adjustments as a result of corrected information, shall be paid upon Permit issuance.

1. The method of payment for Permit fees may be cheque, credit card or debit card. Cheques returned for non-sufficient shall be replaced by a certified cheque in the amount of the Permit fee plus the administrative charges. Replacement fees not provided within the specified time will result in revocation the Permit.

7.1 Every person who contravenes any provision of this bylaw is guilty of an offence and on conviction is liable to a fine as provided in Section 36 of the Building Code Act, 1992, S.O. 1992, c.23, as amended.

8.1 Prior to revoking a permit under Subsection 8(10) of the Act, the Chief Building Official shall 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.

8.2 A permit holder may within thirty (30) days from the date of service of a notice under this Part, request in writing that the Chief Building Official defer the revocation by stating reasons why the permit should not be revoked. The Chief Building Official, having regard to any changes to the Act, Building Code or other applicable law, may allow the deferral, in writing.

8.3 Where notice is served personally, electronically or by registered mail, the Permit Holder shall be conclusively deemed for all purposes to have been served with the notice on the fifth day after the notice is served.

9.1 The permit holder shall notify the Chief Building Official or a Registered Code Agency, where one is appointed, of each stage of construction for which a mandatory notice is required under the Building Code. In addition, the permit holder shall provide the notice of completion as prescribed by Section 11 of the Act, or where occupancy is required prior to completion, notice of inspection to ensure that the requirements of Section 11 of the Act and the Building Code are complied with.

9.2 A notice pursuant to this Part of the Bylaw is not effective until notice is actually received by the Chief Building Official or the Registered Code Agency and the Permit Holder receives confirmation by the City or the Registered Code Agency.

9.3 Upon receipt of written notice, the Inspector or a Registered Code Agency, if one is appointed, shall undertake a site inspection of the Building to which the notice relates in accordance with the time periods stated in the Building Code and Section 11 of the Act.

9.4 Where an Inspection has been made, and the Applicant, Owner or contractor is made aware of any Building Code contraventions, and a re-inspection has been requested and carried out by the City and it is determined that the contraventions have not been remedied, the cost of carrying out any further inspections shall be charged to the A pplicant, Owner or contractor at the rate outlined in the Fees and Charges Bylaw and Schedule "A" of this Bylaw.

10.1 The Permit Holder shall, prior to the commencement of any Construction or Demolition or placement of any materials or equipment at the Construction Site, erect or cause to be erected and maintain a fence enclosing the Construction Site in accordance with this section for the purpose of protecting the public by preventing unauthorized entry to the Construction Site.

1. The Chief Building Official may grant an exemption from any of the requirements in this section if the Chief Building Official is satisfied that conditions at the Construction Site would not present an unreasonable hazard to the public after considering:
   1. the proximity of the Construction Site to occupied dwellings;
   2. the proximity of the Construction Site to places frequented by the public, including but not limited to Public Ways, streets, parks, schools, businesses, and workplaces;
   3. the effectiveness of any existing fencing at or near the Construction Site;
   4. any security measures or proposed security measures to deter entry to the Construction Site, or entry to the structure where Work is occurring;
   5. the gravity of the hazard presented by the Work occurring and the materials used at the Construction Site;
   6. the expected duration of the hazard;
   7. the feasibility of and likely effectiveness of fencing the Construction Site; and
   8. any other public safety considerations.
2. The Chief Building Official may revoke an exemption granted under subsection (1) by giving written notice of the revocation by personal service or registered mail to the Permit Holder where:
   1. Work on a Construction Site is substantially suspended or abandoned; or
   2. Where any of the considerations enumerated in subsection (1) have changed, or where the Permit Holder has not implemented any proposed security measures to deter entry to the Construction Site.

10.2 Every fence shall be erected in accordance with the following:

1. be located between the Construction Site and the Public Way or the open sides of the Construction Site to fully enclose the Construction Site;
2. have an unobstructed fence height above grade when measured from outside the enclosure of at least:
   1. 1.8 m high for the Construction or Demolition of any type of Building that is located 3.0 m or less from a Public Way, or
   2. 1.2 m high for the Construction or Demolition of a residential Building of no more than 3 storeys that is located more than 3.0 m from an adjacent Public Way;
3. where Ontario Regulation 213/91 requires that a covered way be Constructed over the part of the Public Way that is adjacent to a Construction Site, the covered way may be constructed in addition to, or as part of, the fencing required by this section, provided that it is constructed in accordance with the requirements of sections 64 and 65 of Ontario Regulation 213/91, as amended.
4. Fencing is deemed to comply with this section, if it is constructed in accordance with the following:
   1. The fence material shall be not less than:
      1. 12.5 mm thick exterior grade plywood or wafer board or oriented strand board (OSB) fence, that is close-boarded,
      2. Poly-Vinyl-Chloride (PVC) plastic mesh safety-fence type supported top and bottom,
      3. galvanized chain link Construction of 38 mm mesh,
      4. prefabricated modular fencing of welded metal frame with wire mesh infill, or
      5. a combination of the above materials if it can achieve an equivalent performance level
   2. the surface facing the exterior side of the enclosed area shall be smooth so as to deter climbing;
   3. openings through and under any part of the fence shall be of a size so as to prevent the passage of a spherical object having a diameter of 100 mm, and
   4. the fence shall be erected with adequate supports and
5. maintained in a sturdy, upright condition such that the effective height of the protection is not reduced.
6. Fencing shall be Constructed and maintained so that access to the Construction Site for firefighting and fire protection equipment is not restricted.
7. Every access opening in a fence shall be equipped with a gate that shall be:
   1. Constructed of materials equivalent to the
   2. performance of the fence, (b) identified clearly as the point of access into or exit from the Construction Site, and
   3. securely closed and locked when the Construction Site is unattended.

10.3 Signage shall be installed in accordance with the following:

1. Signage shall conform to the City’s sign bylaw number 2009-140 for construction site signs and exempt signs.
2. Signage shall be provided on the outside of the fencing to indicate the address of the Construction Site for fire department information and provide key emergency contact information.

11.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this bylaw to be invalid, or to be of no force and effect, it is the intention of Council in enacting this bylaw that each and every provision of this bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

12.1 This bylaw may be referred to as the Building Bylaw.

13.1 This bylaw shall come into force and effect on the date of its passing.