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OBC 2006 › Division C

1.3.1.

Version 0 — in force 31 December 2006

In force
Verified · covered Verified against the 2006-12-31–2007-04-01 consolidation, whose range covers the query date. How to read this

Provenance

OBC 1997 · renumbered from 2.4.1. — Pro

Base · O. Reg. 350/06 · ext← current

Original — base regulation

OBC 2012 · continues as 1.3.1. — Pro

1.3.1. — Permits

Content not available for this version.

1.3.1.1. — Requirement for Permits

(1) A person is exempt from the requirement to obtain a permit under section 8 of the Act,

(a) for the demolition of a building located on a farm,

(b) subject to Sentence (2), for the construction or demolition of a building in territory without municipal organization, or

(c) for the construction of a Class 1 sewage system.

(2) The exemption in Clause (1)(b) from the requirement to obtain a permit does not apply to the construction of a sewage system in territory without municipal organization.

(3) Where a permit is required for the demolition of a building in Sentence 1.2.2.3.(1), descriptions of the structural design characteristics of the building and the method of demolition shall be included in the application for a permit to demolish the building.

(4) No person shall commence demolition of a building or any part of a building before the building has been vacated by the occupants except where the safety of the occupants is not affected.

(5) A tent or group of tents is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with the Code provided that the tent or group of tents are,

(a) not more than 60 m2 in aggregate ground area,

(b) not attached to a building, and

(c) constructed more than 3 m from other structures.

Text · e-Laws consolidated snapshot

1.3.1.2. — Applications for Permits under Section 8 of the Act

(1) An application for a permit under section 8 of the Act to construct or demolish a building shall be made by,

(a) the owner of the property on which the proposed construction or demolition is to take place, or

(b) the authorized agent of the owner referred to in Clause (a).

(2) An application referred to in Sentence (1) that is made after June 30, 2005 shall be in a form approved by the Minister.

(3) In Sentence (1),

owner includes, in respect of the property on which the construction or demolition will take place, the registered owner, a lessee and a mortgagee in possession.

Text · e-Laws consolidated snapshot

1.3.1.3. — Period Within Which a Permit is Issued or Refused

(1) Subject to Sentences (2) and (3), if an application for a permit under subsection 8 (1) of the Act that meets the requirements of Sentence (5) is submitted to a chief building official, the chief building official shall, within the time period set out in Column 3 of Table 1.3.1.3. corresponding to the class of building described in Column 2 of Table 1.3.1.3. for which the application is made,

(a) issue the permit, or

(b) refuse to issue the permit and provide in writing all of the reasons for the refusal.

(2) If an application for a permit under subsection 8 (1) of the Act proposes construction or demolition of two or more buildings of different classes described in Column 2 of Table 1.3.1.3. that have different time periods in Column 3 of Table 1.3.1.3., the longer of the time periods shall be the time period for the purposes of Sentence (1).

(3) If an application for a permit under subsection 8 (1) of the Act proposes construction or demolition of a building described in Sentence (4), the time period for the purposes of Sentence (1) shall be the longer of,

(a) 10 days, and

(b) the time period corresponding to the class of the building described in Column 2 of Table 1.3.1.3. that the building in Sentence (4) serves, if any.

(4) A building referred to in Sentence (3) is,

(a) a structure occupying an area of 10 m2 or less that contains plumbing, including the plumbing appurtenant to it,

(b) plumbing not located in a structure,

(c) a sewage system, or

(d) a structure designated in Article 1.3.1.1. of Division A.

(5) The requirements for an application referred to in Sentence (1) for a permit under subsection 8 (1) of the Act are,

(a) that the application be made in the form described in Sentence 1.3.1.2.(2),

(b) that the application be signed by a person described in Clause 1.3.1.2.(1)(a) or (b),

(c) that all applicable fields on the application form and required schedules are completed,

(d) that all attachments indicated as being attached to the application are submitted with the application, and

(e) that the application be accompanied by the types and quantities of plans and specifications that are prescribed by the applicable by-law, resolution or regulation made under clause 7 (1) (b) of the Act.

(6) The time period described in Sentences (1) to (3) shall begin on the day following the later of,

(a) the day on which an application meeting the requirements of Sentence (5) is submitted to the chief building official, and

(b) the day on which payment is made of all fees that are required, under a by-law, regulation or resolution made under clause 7 (1) (c) of the Act, to be paid when the application is made.

(7) Subject to Sentences (8) and (9), the time periods described in Column 3 of Table 1.3.1.3. shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

(8) The time period in Sentence (9) applies where,

(a) an application is made for the construction of a building that is served by a sewage system,

(b) construction is proposed in respect of the sewage system that serves the building, and

(c) a board of health, conservation authority, planning board or the council of an upper-tier municipality is responsible for the enforcement of the provisions of the Act and this Code related to the sewage system under section 3.1 of the Act or pursuant to an agreement under section 6.2 of the Act.

(9) The time period described in Sentences (1) to (3) for an application referred to in Clause (8)(a) shall begin on the day following the latest of,

(a) the day on which an application meeting the requirements of Sentence (5) is submitted to the chief building official,

(b) the day on which payment is made of all fees that are required, under a by-law, regulation or resolution made under clause 7 (1) (c) of the Act, to be paid when the application is made, and

(c) the day on which a permit for the construction of the sewage system referred to in Clause (8)(b) is issued.

Editor's note

This map follows the as-filed text of O. Reg. 350/06, which reads 'buildings described in clauses 1.1.2.4.(1)(a), (b) or (c)' and 'clauses 1.1.2.2.(1)(a), or (b)' (plural) in Table 1.3.1.3. The e-Laws consolidation editorially renders 'clauses' as the singular 'clause'; no amending regulation makes this change.

Text · e-Laws consolidated snapshot

Table 1.3.1.3. Period Within Which Permit Shall be Issued or Refused Forming Part of Article 1.3.1.3.

Column 1

Column 2

Column 3

Row Number

Class of Building

Time Period

1

(a) A detached house, semi-detached house, townhouse, or row house where no dwelling unit is located above another dwelling unit.

10 days

(b) A detached structure that serves a building described in Clause (a) and does not exceed 50 m2 in building area.

(c) A tent to which Section 3.14. of Division B applies.

(d) A sign to which Section 3.15. of Division B applies.

2

(a) Buildings described in Clauses 1.1.2.4.(1)(a)v1, (b) or (c) of Division A, other than buildings described in Column 2 of any of Rows 1 and 4 of this Table.

15 days

(b) Farm buildings that do not exceed 600 m2 in building area.

3

(a) Buildings described in Clauses 1.1.2.2.(1)(a), or (b) of Division A, other than buildings described in Column 2 of any of Rows 1 and 4 of this Table.

20 days

(b) Farm buildings exceeding 600 m2 in building area.

4

(a) Post-disaster buildings.

30 days

(b) Buildings to which Subsection 3.2.6. of Division B or any provision in Articles 3.2.8.3. to 3.2.8.11. of Division B applies.

1.3.1.4. — Permits Under Section 10 of the Act

(1) Except as provided in Sentence (2), the following changes in use of a building or part of a building constitute an increase in hazard for the purposes of section 10 of the Act and require a permit under section 10 of the Act:

(a) a change of the major occupancy of all or part of a building that is designated with a “Y” in Table 1.3.1.4. takes place,

(b) a suite of a Group C major occupancy is converted into more than one suite of Group C major occupancy,

(c) a suite or part of a suite of a Group A, Division 2 or a Group A, Division 4 major occupancy is converted to a gaming premises,

(d) a farm building or part of a farm building is changed to a major occupancy,

(e) a building or part of a building is changed to a post-disaster building, or

(f) the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined.

(2) A person is exempt from the requirement to obtain a permit under section 10 of the Act where the change in use of the building or part of the building will result from proposed construction and a permit under section 8 of the Act has been issued in respect of such construction.

(3) A person is exempt from the requirement to obtain a permit under section 10 of the Act for the change of use of a building in unorganized territory.

Editor's note

As filed in O. Reg. 350/06, the notes to Table 1.3.1.4. show the headnote 'Notes to Table 1.3.1.4.:' in plain weight and the footnote markers '(1)' through '(5)' as superscripts each followed by an en space; the current e-Laws consolidation sets the headnote in bold and removes the space after each marker, gluing it to the following text. The caption's trailing reference '(1)(1)' and the note text are identical in both renderings. No amending regulation makes the change, and this map preserves the as-filed rendering.

Note As filed, the footnote markers in the notes of Table-1.3.1.4. are set with a following space (e.g. '(5) "N" is…'); the e-Laws consolidation renders them without it. The note text is otherwise identical between the two renderings.

Text · e-Laws consolidated snapshot

Table 1.3.1.4. Permit Required for Change of Use Forming Part of Sentence 1.3.1.4.(1)(1)

FROM(2)

A-1

A-2

A-3

A-4

B-1

B-2

B-3

C

D

E

F-1

F-2

F-3

TO(3)

A-1

N(5)

Y

Y

N(5)

Y

Y

Y

Y

Y

Y

Y

Y

Y

A-2

Y

N(5)

Y

N(5)

Y

Y

Y

Y

Y

Y

Y

Y

Y

A-3

Y

Y

N(5)

N(5)

Y

Y

Y

Y

Y

Y

Y

Y

Y

A-4

Y

Y

Y

N(5)

Y

Y

Y

Y

Y

Y

Y

Y

Y

B-1

Y

Y

Y

N(5)

N(5)

Y

Y

Y

Y

Y

Y

Y

Y

B-2

Y

Y

Y

N(5)

Y

N(5)

Y

Y

Y

Y

Y

Y

Y

B-3

Y

Y

Y

N(5)

Y

N(5)

N(5)

Y

Y

Y

Y

Y

Y

C

Y

Y

Y

N(5)

Y

N(5)

N(5)

-4

Y

Y

Y

Y

Y

D

N(5)

N(5)

Y

N(5)

Y

N(5)

N(5)

Y

N(5)

Y

Y

N(5)

N(5)

E

Y

Y

Y

N(5)

Y

Y

Y

Y

Y

N(5)

Y

Y

Y

F-1

Y

Y

Y

N(5)

Y

Y

Y

Y

Y

Y

N(5)

Y

Y

F-2

Y

Y

Y

N(5)

Y

Y

Y

Y

Y

Y

N(5)

N(5)

Y

F-3

Y

N(5)

Y

N(5)

Y

Y

Y

Y

N(5)

N(5)

N(5)

N(5)

N(5)

Notes to Table 1.3.1.4.:

(1) See Clause 1.3.1.4.(1)(a) and Clauses 3.17.1.1.(1)(a) and 9.41.1.1.(1)(a) of Division B.

(2)  Major occupancy of all or part of a building before change of use.

(3)  Major occupancy of all or part of a building after change of use.

(4)  See Clause 1.3.1.4.(1)(b) and Clauses 3.17.1.1.(1)(b), 9.41.1.1.(1)(b) and 11.4.2.3.(1)(b) of Division B.

(5)  “N” is only applicable where the major occupancy of the entire suite is changed.

1.3.1.5. — Conditional Permits

(1) The chief building official shall not issue a conditional permit for any stage of construction under subsection 8 (3) of the Act unless compliance with the following applicable laws has been achieved in respect of the construction of the proposed building:

(a) regulations made by a conservation authority under clause 28 (1) (c) of the Conservation Authorities Act with respect to permission of the authority for the construction of a building or structure if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development,

(b) section 5 of the Environmental Assessment Act with respect to the approval of the Minister or the Environmental Review Tribunal to proceed with an undertaking,

(c) subsection 24 (3) of the Niagara Escarpment Planning and Development Act,

(c.1) subsection 27 (3) of the Ontario Heritage Act,

(d) subsection 30 (2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alteration or demolition of a building where the council of the municipality has given a notice of intent to designate the building under subsection 29 (3) of that Act,

(e) section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property,

(f) section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building,

(g) section 34.5 of the Ontario Heritage Act with respect to the consent of the Minister to the alteration or demolition of a designated building,

(h) subsection 34.7 (2) of the Ontario Heritage Act with respect to a consent of the Minister to the alteration or demolition of a building where the Minister has given a notice of intent to designate the building under section 34.6 of that Act,

(h.1) by-laws made under section 40.1 of the Ontario Heritage Act,

(i) section 42 of the Ontario Heritage Act with respect to the permit given by the council of a municipality for the erection, alteration or demolition of a building.

(2) For the purposes of issuing a conditional permit under subsection 8 (3) of the Act, a person is exempt from the requirement in clause 8 (3) (a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where,

(a) a committee of adjustment has made a decision under section 45 of the Planning Act authorizing one or more minor variances from the provisions of any by-laws made under sections 34 and 38 of that Act,

(b) such minor variance or variances result in the achievement of full compliance with such by-laws, and

(c) no person informed the committee of adjustment of objections to the minor variances either in writing or in person at the hearing of the application.

(3) For the purposes of issuing a conditional permit under subsection 8 (3) of the Act, a person is exempt from the requirement in clause 8 (3) (a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where the construction in respect of which the conditional permit is issued is required in order to comply with an order issued under subsection 21 (1) of the Fire Protection and Prevention Act, 1997 or under subsection 15.9 (4) of the Act.

(4) A permit issued under subsection 8 (3) of the Act shall indicate its conditional nature.

Text · e-Laws consolidated snapshot

1.3.1.6. — 1.3.1.6.

Not in force at this date.