Building & By-Law Enforcement
The Building Code Act is a Provincial Law, which places the responsibility of enforcing its regulations on the Municipality. As such, the Municipality passes a By-law requiring the issuance of permits, inspections and notices required, and sets fees, which covers the costs of administration and enforcement of the regulations of the Building Code Act.
The intent of the Building Code Act is to provide minimum standards of construction to ensure the health, safety and welfare of the occupants.
It is a Provincial Offence therefore to construct / demolish a building without the required permits and the Building Code Act carries a fine of not more than $25,000 for a first offence and not more than $50,000 for a subsequent offence. In addition, if construction contravenes the Municipality’s Zoning By-laws, an additional fine of up to $5,000 may be levied. Also, the owner will be responsible for the cost of dismantling such construction and restoring the site if so ruled, and the cost of rectifying any Order made by the Chief Building Official. In addition, fines can also be imposed if Orders from the building department are not complied with.
Under Building Code Act, it is the role of every person who causes a building to be constructed to ensure that construction does not proceed unless any permit required has been issued by the Chief Building Official and it also the role of a builder to ensure that construction does not proceed unless any permit required has been issued.
A Building/Demolition Permit is required
For the construction or demolition of a building/structure greater than 10 square meters (109 square feet) with or without plumbing
For the construction of a building smaller than 10 square meters (109 square feet) that contains plumbing
Construction as defined by the Building Code Act is anything that has to do with the erection, installation, extension or material alteration of a building. A ‘building’ means a structure consisting of a wall, roof, and floor or any of them or a structural system serving the function thereof. Therefore a permit is required for any construction as defined and which is covered under the scope of the Ontario Building Code. Renovations, alterations as defined above require a permit. Examples: additions to living areas, plumbing, adding a basement, changes to footings, putting in larger windows, adding a deck, siding, installing a structure such as a mobile home on the property, etc. A permit is also required to change the use of a property.
Requirements to obtain a Building Permit
A completed application signed by the owner or his agent authorized in writing and the required documents as per Schedule ‘B’ of the Building By-law must be submitted to the Chief Building Official. Please note that documents listed in Schedule ‘B’ may require to be designed by a designer qualified and / or registered with the Ministry of Municipal Affairs & Housing after July 1,2005
The Chief Building Official cannot accept an application if:
- It is not complete (i.e. not filled out properly or completely and signed by owner or an agent authorized in writing)
- Required documents, plans, specifications as required by the building By-law and Building Code are not included
- If fees not paid at the time application is submitted.
Once an application and all required documentation are received, the Chief Building Official will review same and issue the permit within the time prescribed in the Building Code (10 days in the case of a residence) or if refused, will provide the reasons in writing for the refusal.
Permits will not be issued if the proposed work does not comply with the Ontario Building Code, zoning By-laws and any other applicable law.
The applicant and builder are both responsible to construct as per submitted plans. The Chief Building Official must approve any changes in writing.
Information may also be obtained from the Chief Building Official by e-mail at [email protected]
Downloadable Building Permit Application
Online Property Search Application
Prescribed (Mandatory) Notices and Inspections
The Building Code now places the responsibility of notifying the Chief Building Official at various stages of construction prescribed in the Building Code and the Building By-law on the person to whom a permit is issued. These notices are mandatory.
The Chief Building Official or Inspector will carry out the mandatory inspection within 2 working days beginning on the day following the day on which the notice is given.
A list of Prescribed Notices & Inspections for the project for which the permit is issued will be attached to the building permit.
The Chief Building Official may be notified in person, by telephone, by fax, or by e-mail
Building By-Law - Schedule B
Site plans shall be referenced to the most recent survey when available and shall show lot size and dimension of property lines, set backs to any existing and proposed buildings, existing rights-of-way, easements, municipal services and septic systems, driveways.
In addition, commercial properties must show parking spaces, loading spaces, landscaping areas or planting strips as may be required.
Constructions plans (2 sets) containing
- Floor Plans
- Foundation Plans
- Framing Plans
- Roof Plans. If trusses, manufacturers’ drawings and specifications.
- Sections and Details
- Building elevation and exterior grade
- any other plans or drawings as may be requested by the Chief Building Official
Note: The Chief Building Official may specify that not all the above-mentioned plans or specifications are required to accompany an application for a permit if circumstances warrant.
In effect after July 1st, 2005
Constructions plans referred to above must be designed by a designer having the qualifications as may be required by the Building Code for the category of work proposed
Persons carrying design activities for the public must be qualified and registered with the Ministry of Municipal Affairs and housing, have a Building Code Identification Number (BCIN) and have insurance.
A person does not have to be registered but must be qualified (i.e. must have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing for the type of building being designed) for the following types of construction:
- Construction under the New Homes Warranties Plan Act
- Construction of a building owned by that person
- Construction of certain farm buildings
- Addition, alteration or repair of a dwelling containing not more than two units
- Other types of structures such as signs, tents, etc.
Refer to 126.96.36.199(3) of the Ontario Building Code for the complete list of exemptions and specifications.
A person does not have to be qualified for the following types of construction:
- Construction of a dwelling owned by that person with not more than two units
- An ancillary building (i.e. garage, shed, etc) pertaining to a dwelling owned by that person
- An ancillary building not owned by that person that does not exceed 538 sq.ft
- Construction of certain types of farm buildings
- Other types of structures such as signs, tents, etc
Refer to 188.8.131.52(2) of the Ontario Building Code for the complete list of exemptions and specifications.