Chapter 429 BUILDING CODE - IMPLEMENTATION

Chapter 429

BUILDING CODE -

PLE

CHAPTER INDEX

429.1 SHORT TITLE

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

429.2 DEFINITIONS

429.2.1 In this By-law:

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

b) “Applicable Law” means applicable law as defined by the Building Code, O.

Reg. 332/12, as amended.

c) “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.

d) “As Constructed Plans” means as constructed plans as defined by the

Building Code.

e) “Building” means a building as defined in subsection 1(1) of the Act.

f) “Building Code" means the regulations made under section 34 of the Act.

g) “Business Day” means any day other than a holiday as defined in the

Interpretation Act, Saturday, Boxing Day, or day proclaimed by the head of

Council to be a civic holiday.

h) “Chief Building Official” means a Chief Building Official appointed by by-law

by the City for the purposes of enforcement of the Act.

i) “Complete permit application” means an application satisfying the

requirements of sentence 1.3.1.3(5) of Division C of the Building Code and the

requirements of this By-law.

j) “Construct” means construct as defined in subsection 1(1) of the Act.

k) “City” means The Corporation of the City of Brantford.

l) “Demolish” means demolish as defined in subsection 1(1) of the Act.

m) “Designated Structure” means a designated structure as described in the

Building Code - Division A 1.3.1.1.

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n) “Inspector” means an inspector appointed by by-law by the City for the

purposes of enforcement of the Act.

o) “Owner” means the registered owner of property and includes a lessee,

mortgagee in possession, and the authorized agent in lawful control of the

property.

p) “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.

q) “Permit holder” means a person to whom a permit has been issued or where

a permit has been transferred, the new owner to whom the permit has been

transferred.

r) “Prescribed value” means the value established by the Chief Building Official

for the work for which a permit is applied for.

s) “Sewage system” means a sewage system as defined in Section 1(1) of the

Act.

t) “Work” means construction or demolition each as defined under the Act, of a

building or part thereof, as the case may be.

429.2.2 Terms not defined in this By-law shall have the meaning ascribed to them in the

Act, excepting sections 15.1 through 15.8, or the meaning ascribed them in the

Building Code.

429.2.3 For the purposes of interpretation of this By-law and subject to the Act and the

Building Code;

a) the requirements herein are in addition to the requirements of the Act and the

Building Code; and

b) classes of permits with respect to the construction, demolition and change of

use of buildings shall be as set out in Schedule “A” to this By-law.

429.3 LIST OF SCHEDULES

429.3.1 The following schedules are attached to and form part of this By-law:

a) Schedule "A" being the classes of permits required for construction, demolition

or change of use;

b) Schedule "B" being for the calculation of refunds of permit fees and the

deductions from fees based upon work performed under the permit;

c) Schedule “C” being the list of plans and documents required to be submitted

with permit applications;

d) Schedule “D” being the Appointment of the Chief Building Official and

Inspectors;

e) Schedule “E” being the Code of Conduct for the Chief Building Official and

Inspectors.

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429.4 PERMITS

429.4.1 To obtain any permit, a person entitled to make application under the Act and the

Building Code shall file a complete permit application, as determined at the

discretion of the Chief Building Official , with the Chief Building Official in writing or

electronically and on the prescribed form available at the offices of the Chief

Building Official, the City of Brantford’s website, or from the Ministry of Municipal

Affairs and Housing’s Ontario Building Code website and shall supply any other

information or forms relating to the application as required by the Act, the Building

Code, the Chief Building Official or this By-law.

429.4.2 Building Permits

The application for a building permit shall be accompanied by the required fees as

calculated in accordance with the City of Brantford Fees and Charges By-law and

shall provide sufficient information with the application to determine compliance

with the Act, the Building Code, applicable law, and this By-law, including but not

limited to:

a) identification and description in detail of the work, uses and occupancy to be

covered by the permit for which the application is made;

b) a description of the land on which the work is to be done, that will readily

identify and locate the site on which the construction or demolition is to occur;

c) plans and specifications as described in this By-law or as may be additionally

necessary, as determined by the Chief Building Official, to govern the nature or

extent of the construction, demolition or change proposed under the permit and

compliance with the Act, the Building Code, applicable law, and this By-law;

d) when subsection 1.2.2 of Division C of the Building Code applies, a signed

acknowledgement of the owner on a form prescribed by the Chief Building

Official that a duly qualified architect or professional engineer in good standing

with his/her respective governing bodies, or both, have been retained and are

engaged to oversee and carry out the general review of the construction or

demolition of the building to ensure compliance with the Act, the Building Code,

or any other applicable legislation or policy;

e) when subsection 1.2.2 of Division C of the Building Code applies, a signed

statement of the duly qualified architect or professional engineer in good

standing with his/her respective governing bodies, or both, on a form prescribed

by the Chief Building Official, undertaking to provide general review of the

construction or demolition of the building;

429.4.3 Demolition Permits

In addition to the requirements of subsections 429.4.1 and 429.4.2 above, every

demolition permit application shall;

a) include, when subsection 1.2.2. of Division C of the Building Code applies,

details of the structural design characteristics of the building and the method

and proposed time schedule of the demolition;

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b) provide written confirmation from the relevant authorities that arrangements

have been made with the authorities for the termination and capping of all

water, sewer, gas, electric, telephone or other utilities and services connect to

the property; and

c) include a completed “Schedule D” form.

429.4.4 Conditional Permits

In addition to the requirements of subsections 429.4.1 and 429.4.2 above, every

conditional permit application made under subsection 8(3) of the Act, shall require

the applicant and such other person as the Chief Building Official determines, to

enter into an agreement with the City which agreement sets out the obligations and

requirements of a conditional building permit.

The applicant shall provide a written statement, acceptable to the Chief Building

Official, giving the reasons why the applicant believes that unreasonable delays in

the construction would occur if a conditional permit is not issued.

The Chief Building Official may, where conditions and requirements imposed under

subsections 8(3) to 8(5) of the Act and this subsection have been fulfilled, issue a

conditional permit for a building subject to compliance with the Act, the Building

Code and any applicable law, the payment of the fees, and the provision of security

and agreements.

A permit holder in respect of an issued conditional permit does not have permission

to proceed to construct or demolish or cause or permit construction or demolition to

proceed beyond the point authorized by the permit without obtaining a further

permit therefore, and the Chief Building Official by reason of the issuance of a

conditional permit or permits for a part or parts of the building shall not be under

any obligation to grant any further permit or permits.

429.4.5 Change of Use Permit

In addition to the applicable requirements of subsections 429.4.1 and 429.4.2

above, every change of use permit application shall:

(a) describe the building and the parts thereof in which the occupancy is to be

changed; and

(b) include plans and specifications which show the current and proposed

occupancy and use of all parts of the building, and which contain sufficient

information to establish compliance with the requirements of the Act and the

Building Code including floor plans, details of wall, floor and roof assemblies

identifying required fire resistance rating and load bearing capacities, and

details of the existing sewage system if any.

429.4.6 Additional Information

The acceptance or processing of an application under this By-law by the Chief

Building Official or the City of Brantford, shall not be deemed to prohibit the Chief

Building Official from requiring the applicant to supply further information, plans and

specifications or details, as may be necessary to:

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a) determine compliance with the Act, the Building Code, this By-law, applicable

law, any other City By-laws, or

b) as may be needed to determine the fees under this By-law

Failing the applicant supplying such further information requested, the application

may be found incomplete or denied.

429.4.7 Change to Information Supplied in Application

a) An applicant or permit holder shall give the Chief Building Official written notice

of any material change intended to be made to any plan, specification,

document, or other information on which the application was made, and permit

issued, and the applicant or permit holder shall supply the Chief Building Official

with details of such changes, and no construction shall be carried out in respect

of the change until written authorization is obtained from the Chief Building

Official.

b) Notwithstanding subsection 429.4.7(a) and the fact that construction or change

has been made without authorization, the applicant or permit holder shall supply

written notice to the Chief Building Official of any material change to any plan,

specification, document, or other information on which the application was

made, and permit issued, with details of all changes.

c) In respect of a material change and notice given under subsections 429.4.7(a)

and 429.4.7(b), the Chief Building Official will pursuant to this By-law, the Act,

and the Building Code, determine whether a further application or other

document must be filed, and timelines extended to review, consider, or approve

the change, and the applicable fees under this By-law arising from the change.

429.4.8 Incomplete or Inactive Permit Application

a) Where an application for a permit remains incomplete or inactive for six months

after it is submitted, the Chief Building Official may refuse to hold or process the

application by deeming it to have been abandoned and shall give written notice

to the applicant at the mailing address or email address indicated on the

application.

b) Where an applicant who has been given written notice under subsection

429.4.8(a) does not respond on the expiration of 10 business days from the

date of such notice, the permit application may be cancelled.

c) lf a permit is cancelled under subsection 429.4.8(b), all documents submitted as

part of the application for the permit, including but not limited to plans and

specifications, shall be destroyed in accordance with the City of Brantford

Records Retention By-law.

429.4.9

Approved Drainage and Grading Plans

Where the proposed construction and or demolition is subject to the City of

Brantford Site Alteration By-law as amended, the applicant/owner shall obtain

approval from the Development Engineering Review Division for such drainage and

grading plans and submit this approval as part of the building permit application.

429.5 PLANS AND SPECIFICATIONS

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429.5.1 Every complete permit application shall, unless otherwise specified by the Chief

Building Official, be accompanied by the plans and documents listed on Schedule

“C” and in accordance with the requirements of this section.

429.5.2 Every applicant shall provide as part of the application:

a) sufficient plans, specifications, documents, and other information, including

design calculations, to enable 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; and

(b) s

ite plans when required, to demonstrate compliance with the Act, the

Building Code or other

applicable law. When 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 a certified plan of survey prepared by a licensed Ontario Land Surveyor

may be required.

429.5.3 Plans submitted shall be legible and be drawn to scale upon paper or such other

suitable and durable material or in electronic format as the Chief Building Official

may require.

429.5.4 The Chief Building Official shall determine and specify the number of plans,

specifications, documents, and other information required to be provided with an

application for permit having regard to the requirements of any Act, regulation or

by-law respecting the examination or circulation of the application beyond the

numbers specified in this By-law, which the applicant shall supply to complete the

application.

429.5.5 Plans of Survey

The Chief Building Official may require from the persons responsible for

construction, a certified plan of survey prepared by a licensed Ontario Land

Surveyor showing the location of the whole of, or any part of, any building and shall

be filed with the Chief Building Official prior to approval of occupancy.

429.5.6 As Constructed Plans

The Chief Building Official may require from the persons responsible for

construction, as constructed plans and/or specifications for the building constructed

if the construction differs from the approved permit plans.

429.5.7 Alternative Solutions

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 alternative solution for which approval

in accordance with section 2.1 of Division C of the Building Code is required,

the owner shall file the following information to the Chief Building Official:

a) An application on a form provided by the Chief Building Official;

A description of the proposed material, system or building design for which

authorization under Division C, Section 2.1. is requested;

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Supporting documentation demonstrating that the proposed material,

system or building design will provide the level of performance required by

the Building Code; and

Payment of the required fee in accordance with the City of Brantford Fees

and Charges By-law

e) Evaluation of proposed alternative solution will be reviewed by the Chief

Building Official in accordance with the Building Code and Act requirements.

429.5.8 Plans Become Property of Municipality

Plans and specifications furnished according to this By-law or otherwise required by

the Act, or the Building Code become the property of the municipality and will be

disposed of or retained in accordance with Records Retention By-law.

429.6 FEES

429.6.1 The Chief Building Official shall determine the required fees for the application,

calculated in accordance with the City of Brantford Fees and Charges By-law for

the work proposed.

429.6.2 Where the fees payable are based on the prescribed value of the proposed work in

respect of an application, the prescribed value of the proposed work shall mean the

total cost of all material, labour, equipment, overhead and professional and related

services but does not include the cost of the land.

429.6.3 Fees Payable Upon Application

a) T

he applicant shall pay the required fees upon application submission and

no permit shall be issued until the fees, therefore, have been paid in full.

Where the Chief Building Official has determined that the prescribed value

to construct a building has been underestimated, the Chief Building Official

may recalculate the permit fee to the revised prescribed value and the

adjustment to the permit fee will be collected when the building permit is

issued.

429.6.4 Fees for Conditional Permits

The conditional permit fee in accordance with the City of Brantford Fees and

Charges By-law shall be in addition to other applicable permit fees under this By-

law and shall not be used as a credit towards any other permit fees.

429.6.5 Work Commenced Prior to Permit Issuance

Every person applying for a permit, when construction, demolition, or a change in

the use of the building has commenced prior to the issuance of the required permit,

shall pay any additional fees as well as the permit fee set out in accordance with

the City of Brantford Fees and Charges By-law.

429.6.6 Fees for Additional Inspections

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Additional re-inspection fees may be imposed by the City in accordance with the

City of Brantford Fees and Charges By-law, where:

a) The permit holder has provided notice of an inspection, but the construction

was not ready for inspection or was not substantially complete when the

inspector attended the site, as determined by the inspector

b) The permit holder fails or neglects to cancel a scheduled inspection at least one

business day in advance of the scheduled inspection, which cancellation is

received by the City’s Building Department during its regular business hours

c) Where a scheduled inspection is identified as not ready because the inspector

attended the site and determined that the approved plans were not available

onsite as required by the Building Code.

429.6.7 Refunds

Subject to subsection, upon written request by the permit holder or permit

applicant, the Chief Building Official shall determine the amount of fees, if any, that

may be refunded in accordance with Schedule "B" in the case of:

a) withdrawal of an application;

b) abandonment of the work;

c) refusal to issue a permit;

d) permit issued in error; or

e) request for revocation of a permit pursuant to paragraph 8(10)(e) of the Act.

There shall be no refund of permit fees where a permit has been revoked under

paragraphs 8(10)(a) or (f) of the Act.

429.7 PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER

429.7.1 Revocation of Permit

a) Where the Chief Building Official considers revoking a permit under subsection

8(10)(a), (d) or (e) of the Act, the Chief Building Official shall give written notice

by regular mail or email of the revocation of the permit to the permit holder at

their last known address or email address and all submitted plans and other

information may be disposed of in accordance with the City of Brantford

Records Retention By-law.

b) Where the Chief Building Official considers revoking a permit under subsection

8(10)(b), (c) or (f) of the Act, the Chief Building Official shall give written notice

by regular mail or email of the intention to revoke to the permit holder at their

last known address or email address and, if on the expiration of 10 business

days from the date of such notice, the grounds for revocation continue to exist,

the permit may be revoked without further notice and all submitted plans and

other information may be disposed of in accordance with the City of Brantford

Records Retention By-law.

429.7.2 Deferral of Revocation

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a) Within 10 business days of receipt of a notice of intention to revoke a permit

under subsection 429.7.1.a) a permit holder may request of the Chief Building

Official in writing, that the Chief Building Official defer the revocation of such

permit, subject to the following conditions and processes in subsections

429.7.2.b) and 429.7.2.c)

b) A request for deferral shall set out the reasons why the permit should not be

revoked, the date by which the work will be commenced, resumed, or

completed, and include the required building permit extension fee in

accordance with the City of Brantford Fees and Charges By-law.

c) Having considered the circumstances of the request and having determined

that there have been no changes to the Act and the Building Code and any

other applicable law which would have prevented the issuance of the original

permit, the Chief Building Official may allow a deferral to a prescribed date and

shall notify the permit holder in the same manner above.

429.7.3 Transfer of Permit

a) Permits may be transferred by the Chief Building Official only upon the new

owner completing a permit application pursuant to the requirements of section

4, submitting the application and any permission required for use of existing

plans, specifications or documents submitted or used for the original permit or

such new information relied upon in compliance with subsections 429.4.7.a),

429.4.7.b) and section 429.5 of this by-law.

b) A fee shall be payable in accordance with the City of Brantford Fees and

Charges By-law. Upon approval of the transfer by the Chief Building Official,

which approval shall be at the sole discretion of the Chief Building Official, the

new owner shall then be the permit holder for the purpose of the Act and the

Building Code.

c) Where an application is made for a transfer of Permit because of change of

ownership of the property, the Applicant shall file all of the following information:

i) provide the name and address of both the former Owner and new Owner;

ii) the date that the property was transferred to the new Owner;

iii) the nature of the Permit being transferred;

iv) confirmation of the continuation of, or the particulars of any changes in, the

arrangements for general review of the construction on accordance with

Division C, Section 1.2, Design and General Review;

v) be accompanied by a completed and signed form as supplied by the Chief

Building Official; and

vi) payment of all fees.

429.8 NOTICES

429.8.1 Requirements for Inspections

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Notices for inspections respecting stages of construction as required by the

Building Code shall be given by the permit holder to the Chief Building Official in

advance of each stage of construction specified in the Building Code.

A notice pursuant to this section is not effective until written or oral notice is

confirmed to be received by the Chief Building Official.

An inspector shall, not later than two days after receipt of a notice given under

Sentence 8.1(1), undertake a site inspection of the building to which the notice

relates.

429.1.1 Where an inspection request is premature and the inspector must re-attend the site

to complete the necessary inspection, or an additional inspection is requested or

required, additional fees may be applicable in accordance with Section 429.6.6 of

this by-law.

429.9 FENCING

429.9.1 In addition to the requirements pertaining to Public Way Protection as set out in the

Occupational Health and Safety Act, the permit holder shall comply, and shall not

cause or permit any builder or constructor under the permit to fail to comply with the

provisions of this section. The City of Brantford’s Fence By-Law does not apply to

the Chief Building Official’s requirement for fencing under this section.

429.9.2 Where, in the opinion of the Chief Building Official, a construction or demolition site

presents a particular hazard to the public, the Chief Building Official may require

the erection of fencing around the construction or demolition site as set out in this

section.

429.9.3 In considering the hazard presented by a construction or demolition site and the

necessity for fencing the Chief Building Official shall have regard for:

a) the proximity of the construction or demolition site to occupied dwellings;

b) the proximity of the construction or demolition site to lands accessible to the

public, including but not limited to streets, parks, and commercial and

institutional activities;

c) the hazards presented by the construction or demolition activities and materials;

d) the feasibility and effectiveness of site fencing; and

e) the duration of the hazard.

429.9.4 Every fence required under this section shall be a minimum of 1.2 metres and a

maximum of 1.8 metres in height, as measured from the highest adjacent grade.

429.9.5 Every fence required under this section shall be located on the perimeter of the

construction site as determined by the Chief Building Official and constructed as

follows:

a) if of chain link construction, the chain link shall be securely fastened to at least

38mm diameter metal tube or pipe or the same thickness T-bar posts. Such

metal posts shall not be more than 3.04m on centre and embedded into the

ground, providing a secure and rigid support;

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b) if of wood construction, the exterior face shall be at least 12.7mm thick exterior

grade plywood, particle board or equivalent material constructed so as not to

provide footholds for climbing. The fencing shall be supported by at least 38mm

wide by 89mm thick posts spaced at not greater than 2.43m on centre and

embedded into the ground, providing a secure and rigid support;

c) if the fence is of the snow fence or plastic mesh type, the fencing shall be

securely fastened to T-bar posts at not greater than 2.43m on centre and

embedded into the ground, providing a secure and rigid support and that a

38mm x 89mm top rail be secured to the post and fencing secured to 38mm x

89mm rail.

d) other materials or methods may be substituted provided that there is an

equivalent barrier between properties and an equivalent degree of safety and

support provided.

e) the use of barbed wire and razor wire are prohibited.

429.9.6 The fence may be provided with openings sufficient to accommodate equivalent

construction vehicles, machines and any other equipment providing services to the

construction site provided that these openings are closed off in such a manner that

the site is not accessible by members of the public, when no construction is being

carried out on site including daily shutdowns.

429.10 CODE OF CONDUCT

429.10.1 The Chief Building Official and inspectors shall be governed by the Code of

Conduct set out in Schedule “E”, with respect to exercising powers and performing

duties under the Act.

429.11 REGISTERED CODE AGENCIES

429.11.1 The Chief Building Official is authorized to enter into an sign contacts 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 issuance of

permits and conducting of inspections as prescribed in the Ontario Building Code.

429.11.2 The Registered Code Agency may be appointed to perform one or more of the

specified functions described in the Act.

429.12 SEVERABILITY

429.12.1 Should a court of competent jurisdiction declare a part or whole of any provision of

this By-law to be invalid or of no force and effect, the provision or part is deemed

severable from this By-law, and it is the intention of Council that the remainder

survive and be applied and enforced in accordance with its terms to the extent

possible under law.

429.13 ENFORCEMENT

429.13.1 Any person found to be in contravention of any provision of this Chapter is guilty of

an offence and upon conviction is liable to a fine as prescribed in Section 36 of the

Act.

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429.14 REPEAL

429.14.1 The Corporation of the City of Brantford By-laws 10-94, 37-2006, 116-2016, 66-

2017, 53-2018 are hereby repealed (as previously contained in Chapter 429 of the

City of Brantford Municipal Code).

429.14.2 All applications made and permits issued under By-laws 10-94, 37-2006, 116-2016,

66-2017, 53-2018 shall be deemed to be applications made and permits issued

under this By-law and all rules, requirements and regulations of this By-law shall

apply, with all necessary modifications.

429.15 EFFECTIVE DATE

429.15.1 This Chapter shall come into full force and effect on the day of passing of the

enabling bylaw. By-law 20-2023, 28 February, 2023.

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SCHEDULE “A”

BY-LAW NUMBER 20-2023

CLASSES OF PERMITS

Classes of permits shall be as follows:

Group A – Assembly Occupancies - New construction

Group B – Institutional Occupancies - New construction

Croup C – Residential Occupancies - New construction

Group C – Residential Occupancies (hotels/motels) - New construction

Group D – Business and personal Service Occupancies - New construction

Group E – Mercantile Occupancies - New construction

Group F – Industrial Occupancies - New construction

Group F – Industrial Occupancies (parking garages) - New construction

Group F – Industrial Occupancies (farm buildings) - New construction

Alteration/renovation/Interior finishing to existing floor areas

Designated Structures as defined in the Ontario Building Code

Industrial Racking

Conditional Permit

Plumbing only

Sheds

Decks

Change of use

Tents

Partial permits (foundation, structural steel, site servicing etc.)

Demolition less than 600m2

Demolition greater than 600m2

Signs

Residential garage

Residential carport

Sewage system – New construction

Sewage system repair/alteration

Occupancy of an Unfinished Building

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SCHEDULE “B”

BY-LAW NUMBER 20-2023

REFUND OF PERMIT FEES

1) The permit fees that may be refunded in the opinion of the Chief Building Official under

Section 6 of this By-law, are to be a percentage of the permit fees payable under this By-law

subject to Section 2 of this schedule as follows:

Work Performed Refund

a) Administrative functions only have been performed 90%

b) Administrative and plan examination functions only have 70%

been performed however the permit has not been issued

c) The permit has been issued however no construction has 50%

commenced

d) The permit has been issued and construction has 25%

commenced

2) Notwithstanding Section 1 above, no refund is to be made of an amount less than the

minimum permit fee as shown in the Fees and Charges By-law.

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SCHEDULE “C”

BY-LAW NUMBER 20-2023

SCHEDULE OF DRAWINGS, SPECIFICATIONS AND DOCUMENTS REQUIRED FOR

CONSTRUCTION, DEMOLITION, CONDITIONAL AND CHANGE OF USE PERMITS

Each application shall, unless otherwise specified by the Chief Building Official be accompanied by a

complete set of plans and specifications as indicated below:

a) Demolition

i. Schedule “D” form indicating that arrangements have been made with the proper

authorities for decommissioning of utilities, the approval of the Brantford Fire

Department, the approval of the Planning Department in relation to the Ontario

Heritage Act and Demolition Control By-law and the approval of Development

Engineering in relation to Site Alteration permits.

ii. Description of the structural design characteristics of the building and a method of

demolition prepared by a Professional Engineer (P. Eng.) where deemed

necessary by the Chief Building Official.

iii. Site plan

b) On-site Sewage System

i. Site Evaluation Report prepared by a competent person including soil permeability

and soil conditions, including the potential for flooding

ii. Site plan and grading/drainage plan(s), cross-section drawings

iii. Sewage System Design Summary form for Single Detached Dwellings

c) Residential Deck or Porch Permit

i. Site plan or survey

ii. Floor plan, foundation and framing plan, helical pile layout, if applicable

iii. Elevation(s)

iv. Section or detail of guard

v. Connection details.

d) Residential Accessory Buildings

i. Site plan or survey

ii. Grading plan

iii. Floor plan (framing)

iv. Truss layout, if applicable

v. Building elevations

vi. Building/wall section

e) Residential Addition or Renovation Permit

i. Site plan or survey

ii. Grading plan, if applicable

iii. Foundation plan

iv. Floor plan (one per floor and including framing, all dimensions, room names and

indicate any new plumbing facilities)

v. Floor and roof framing plans (include Engineered floor and roof truss drawings)

vi. Building elevations

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vii. Building section

viii. Letter of verification from heating designer of the capacity of the existing hearing

system

ix. Heat loss/gain calculations, mechanical design summary if a new system is to be

installed or existing system is being replaced

x. Private sewage system evaluation, where applicable.

f) New Residential House, Semi-Detached, Townhouse or Duplex

i. Grading plan prepared by a Professional Engineer (P. Eng.)

ii. Site Plan

iii. Approved site development plan and agreement, as applicable prepared by a

Certified Engineering Technologist (CET) or Ontario land surveyor (OLS), as

applicable

iv. Where applicable a complete private sewage system permit application

v. Verification of potable water supply, if applicable

vi. Foundation plan

vii. Floor plan (one per floor and indicate all dimensions, room names and proposed

plumbing fixtures)

viii. Floor and roof framing plans (include Engineered floor and roof truss drawings)

ix. Building elevations (4)

x. Building section (min 1)

xi. Details of construction of masonry fireplaces, if applicable

xii. Energy Efficiency Design Summary form

xiii. Mechanical ventilation form

xiv. Copy of property deed, if applicable.

g) New Multi Residential Building

i. Approved site development plan and agreement (for townhouses)

ii. Geotechnical investigation report, including verification of potable water supply, if

applicable

iii. Site plan

iv. Grading and site servicing plan(s) prepared by a Professional Engineer (P. Eng.),

Certified Engineering Technologist (CET) or Ontario land surveyor (OLS), as

applicable

v. Verification of on-site water supply for firefighting

vi. Architectural drawings

vii. Structural drawings

viii. Mechanical drawings

ix. Electrical drawings

x. Sprinkler and standpipe drawing, where applicable.

h) New Non-Residential Building or Addition (Part 3 or 9 Building)

i. Approved site development plan and agreement, as applicable

ii. Geotechnical investigation report, including verification of potable water supply, if

applicable

iii. Site plan

iv. Building Code Data Matrix (Part 3 Buildings)

v. Grading and site servicing plan(s) prepared by a Professional Engineer (P. Eng.),

Certified Engineering Technologist (CET) or Ontario land surveyor (OLS), as

applicable

vi. Verification of onsite water supply for firefighting, where applicable

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vii. Architectural drawings

viii. Structural drawings, where applicable

ix. Mechanical drawings, where applicable

x. Electrical drawings, where applicable

xi. Sprinkler and standpipe drawing, where applicable.

i) Non-Residential Alteration/Renovation (Part 3 or 9 Building)

i. Site plan or key plan

ii. Building Code Data Matrix (Part 3 Buildings)

iii. Architectural drawings, where applicable

iv. Elevations, sections, and details

v. Structural drawings, where applicable

vi. Mechanical drawings, where applicable

vii. Electrical drawings, where applicable

viii. Evaluation of existing private septic system, if applicable.

j) Designated Structures

The following plans prepared and stamped by Professional Engineer (P. Eng.)

i. Site plan

ii. Grading plan prepared by a Professional Engineer (P. Eng.), if applicable

iii. Structural drawings

iv. Elevations, where applicable

v. Sections and detail, where applicable.

k) Farm Building

i. Site plan

ii. Grading plan prepared by a Professional Engineer (P. Eng.), if applicable

iii. Architectural drawings

iv. Structural drawings, where applicable

v. Mechanical drawings

vi. Electrical drawings

vii. MDS calculation, if applicable.

Unless specified by the Chief Building Official the following information shall be shown on plans or

working drawings that accompany application for permits:

(a) The Site Plan shall show:

i. Survey property boundaries and dimensions, all building lines, bearings of meters

and bounds and compass orientation (legal description);

ii. The location, use, height, and dimensions of any existing and proposed buildings,

including front, side, and rear yard dimensions and relationships to adjoining

property lines and buildings, and the proposed lot coverage;

iii. Existing and finished ground levels or grades, and first floor elevations referenced

to an established datum at or adjacent to the site in respect of which an application

is made;

iv. Existing right-of-way, easements, and municipal services; and

v. All existing and proposed parking layout, fire access route, retaining walls,

swimming pools, accessory buildings, septic systems, wells and any other such

physical additions to the site

vi. Any overhead powerlines.

(b) The Grading Plan and Site Services Plan(s) shall show:

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i. The property lines, building location, sidewalks, driveways, curb cuts, swales, all utility

services, and new/existing service connections;

ii. Pre and post spot elevations for this project and adjacent properties, slopes of

driveways, sidewalks and swales, direction of drainage flow;

iii. Location of storm water catchment area, catch basins, below grade and above grade

utilities and connections into services at property lines;

iv. Location of existing and proposed fire hydrants or on-site supply of water for firefighting;

v. In rural areas, identify flood areas, wells, open water, and wetlands; and

vi. The plan must be stamped and signed by an Ontario Land Surveyor, Landscape

Architect, or a Professional Engineer (P. Eng.).

i. OBC Matrix, foundation, and grade details;

ii. Each floor plan with exact dimensions of the layout of all proposed areas and identify

each with room names;

iii. All wall thicknesses and type of construction, window and door openings and schedules,

elevator, sections and details of all walls, stairs and exits, fire walls, fire separations, shaft,

and duct openings and other related pertinent information;

iv. Building elevations, cross sections and wall sections showing all floor-to-floor heights,

materials, and thickness etc.; and

v. Specifications, where applicable.

(d) The Structural Drawings shall show:

i) All foundation, floor, roof, and wall structural elements including sizes, shapes and

proper location and all dead and live design loads and conditions of loading;

ii) All reinforced concrete work indicating thickness and strength of concrete, size spacing

minimum cover and type of reinforcing steel;

iii) All lintels, column and beam locations and their size and snow drift loading; and

iv) Where applicable de-watering report and shoring or pile driving.

(e) The Mechanical and Electrical Drawings shall show:

i. Mechanical drawings are to show the plumbing, heating, ventilation, and air conditioning

including legends and schedules for compliance with the OBC. For Part 9 buildings, if

room allows this information can be shown on the same plan as the architectural;

ii. Electrical drawings are to show lighting, emergency lighting, exit signs, fire alarm

systems and their legends and schedules for compliance with the OBC. For Part 9

buildings, if room allows this information can be shown on the same plan as the

architectural; and

iii. Sprinkler and standpipe drawings are to include floor plans and riser diagrams to locate

the entire system including connections, sprinkler heads.

(f) A Private Sewage System Site Evaluation report shall include the following:

i. The name, mailing address and telephone/fax numbers of the person who prepared the

report;

ii. The date the evaluation was completed;

iii. A scaled map of the site showing:

• Legal description, lot size, property dimensions, existing right-of-

way, easements, or municipal/utility corridors

• The locations of items listed in Column 1 of Table 8.2.1.6.A,

8.2.1.6.B and 8.2.1.6.C of the Building Code

• The location of the proposed sewage system

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• The location of any unsuitable, disturbed, or compacted areas, and

• The proposed access route for system maintenance

• Soil investigation including:

• Depth to bedrock

• Depth to zones of soil saturation

• Soil properties and permeability; and

• Potential for flooding.

(g) The following supporting documentation shall accompany an application for permit unless

otherwise waived by the Chief Building Official:

i) Driveway access permit approved by the authority having jurisdiction, as may be

applicable;

ii) Site Alteration permit approved by the City of Brantford as may be applicable;

iii) Copy of property deed, if applicable; and

iv) Such other approvals as may be required to demonstrate compliance with any other

applicable law.

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SCHEDULE “D”

BY-LAW NUMBER 20-2023

APPOINTMENT OF THE CHIEF BUILDING OFFICIAL AND INSPECTORS

1.1 Chief Building Official

Andy McMahon is hereby appointed the Chief Building Official for the City of Brantford.

1.2 Chief Building Official - Acting

In the absence of the Chief Building Official, Rob Porteous is hereby appointed to assume all

duties and responsibilities of the Chief Building Official.

1.3 Inspectors

Any person employed by the City whose responsibility includes enforcement of the Act,

excepting sections 15.1 through 15.8, is hereby appointed as an Inspector under the Act,

subject to the following conditions:

(a) the Chief Building Official maintains an up-to-date list of Inspectors; and

(b) prior to their appointment, each candidate for appointment hold the necessary

legislated qualifications for an Inspector

The appointment of a person as an Inspector under the Act shall cease immediately upon

such person no longer being employed by the City.

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SCHEDULE “E”

BY-LAW NUMBER 20-2023

CODE OF CONDUCT

Introduction

This Code of Conduct applies to the Chief Building Official and Inspectors appointed by the City of

Brantford under the Building Code Act, 1992 in the exercise of a power or the performance of a duty

under the Building Code Act, 1992 or the Building Code. The purposes of this Code of Conduct are to

promote appropriate standards of behavior and enforcement actions by the Chief Building Official and

inspectors, to prevent practices, which may constitute an abuse of power, including unethical or illegal

practices, and to promote appropriate standards of honesty and integrity in the exercise of a power of

the performance of a duty under the Building Code Act, 1992 or the Building Code by the Chief

Building Official and inspectors.

Standard of Conduct

In addition to any existing Code of Conduct Policy which the City of Brantford already has in place for

its municipal employees, the Chief Building Official and inspectors of the City of Brantford undertake

to:

a) Act in the public interest, particularly with regard to the safety of buildings and

structures.

b) Conduct themselves with a high degree of personal integrity and ethics, and in

particular they should not place themselves, or permit themselves to be placed, in a

position which would constitute, or on an objective basis give a reasonable

apprehension, of a conflict of interest or breach of trust.

c) Exercise powers in accordance with the provisions of the Building Code Act, 1992,

the Building Code and other applicable law that governs the authorization,

construction, occupancy and safety of buildings and designated structures.

d) Apply all relevant building laws, regulations, and standards in a consistent and fair

manner, independent of any influence by interested parties.

e) Act honestly, reasonably, and professionally in the discharge of their duties.

f) Not divulge any confidential or sensitive information or material that they become

privy to in the performance of their duties, except in accordance with laws

governing freedom of information and protection of privacy.

Breaches of the Code of Conduct

Compliance with this Code of Conduct shall constitute a condition of employment as a Chief Building

Official or inspector for the City of Brantford appointed under the Building Code Act, 1992. Any

appointed Chief Building Official or inspector who fails to act in accordance with the provisions of this

Code of Conduct may be subject to disciplinary action appropriate to the seriousness of the breach.

All allegations concerning a breach of this Code of Conduct shall be made in writing.

Any person who has reason to believe that this Code of Conduct has been breached may bring the

matter to the attention of the Chief Building Official. Where the allegation concerns the actions of the

Chief Building Official, the matter may be brought to the attention of the General Manager to whom

the Chief Building Official reports.

Disciplinary actions arising from violations of this Code of Conduct are the responsibility of the City of

Brantford as the employer and will be based on the severity and frequency of the violation in

accordance with relevant employment or collective agreements, employment standards and privacy

requirements.