Division C
Administrative Provisions
Part 1 — General
Section 1.6. 
Permits, Applications and Fees
1.6.1. Permits
1.6.1.1. When a Permit is Required
1) A permit is required before any work regulated by this By-Law is undertaken.
1.6.1.2. Construction without a Permit
1) If construction for which a permit is required has been commenced before a permit has been issued, the owner shall
a) make application for any necessary permits, and
b) pay to the City, double the fee set out in the Fee Schedule or $5000 plus the fee set out in the Fee Schedule, whichever is the lesser amount.
2) If construction for which a permit is required has been commenced before a permit has been issued, the owner shall, if ordered to do so by the Chief Building Official,
a) provide proof that the construction complies with this By-law and any other applicable enactments,
b) carry out tests and investigations by independent agencies, at the cost of the owner, to determine whether or not the construction complies with this By-law,
c) carry out tests and investigations by independent agencies, at the cost of the owner, to determine appropriate remedial measures to ensure that the construction complies with this By-law,
d) provide to the Chief Building Official, at the cost of the owner, the results of any tests and investigations ordered by the Chief Building Official, and
e) provide documentation to the satisfaction of the Chief Building Official to establish that all remedial measures to ensure the construction complies with this By-law have been completed.
1.6.1.3. Additional Permits
1) In addition to a permit required by Article 1.6.1.1., other permits and supporting documents necessary for specific building components, services and uses, may be required by the Chief Building Official.
1.6.2. Application for Permit
1.6.2.1. Owner Requirement
1) To obtain a permit, the owner shall file an application in writing in the form prescribed by the Chief Building Official.
1.6.2.2. Application Requirements
1) Except as otherwise provided in this By-law, every application shall
b) provide a legal description and address for the land on which the work is to be done,
c) include plans and other supporting documents which conform with Section 2.2. of Division
C,
d) state the value of the proposed work calculated in accordance with Article 1.6.2.3.,
e) include the requisite permit fee, in accordance with the Fee Schedule at the end of this Part,
f) include the appropriate owner’s undertaking letter in the applicable form set out in Schedules E-1, E-2 and E-3 at the end of this Part,
g) include any other plans or supporting documents required by the Chief Building Official to establish that the work, building, construction and occupancy complies with this By-law or any other enactment, and
h) list the names, addresses, electronic mail addresses and telephone numbers of all
owners, designers and constructors. (See Appendix A.)
1.6.2.3. Valuation for Permit
1) The value of the proposed work stated on the application for the permit shall reflect the total current monetary worth of all proposed materials, construction and work related to the building.
2) In addition to Sentence (1), the value of the proposed work shall include the total current monetary worth of all labour and all fees and costs incurred for design, investigative testing, consulting
services, construction, construction management, contractor’s profit and overhead, sales taxes, and construction insurance related to the building.
3) The total current monetary worth referred to in Sentences (1) and (2) shall include the market value of all labour, including unpaid labour provided by an owner or volunteer, and the market value of all materials, including donated, recycled or used materials.
4) The total current monetary worth referred to in Sentences (1) and (2) shall include all components of the building, notwithstanding the fact that some components of the building may be subject to other permits and fees.
1.6.2.4. Review of Valuation by Chief Building Official
1) The Chief Building Official may review the value of the proposed work stated in an application, using the Marshall Valuation Method, and may substitute a different value for the proposed work.
1.6.2.5. Fee Schedule
1) Permit fees shall be calculated in accordance with the Fee Schedule at the end of this Part and the fees for construction without a permit are as outlined in Article 1.6.1.2.
1.6.2.6. No Refund
1) Except as permitted in Article 1.6.2.7. or Article 1.6.4.5., no permit fees or part thereof shall be refunded if
a) construction authorized by a permit has commenced,
b) the permit has expired pursuant to Article 1.6.7.1., or
c) the application has lapsed as outlined in Article 1.6.2.8.
1.6.2.7. Partial Refund and Set-off
1) If construction authorized by permit has not commenced and the Chief Building Official approves, the Director of Finance may refund a portion of the fees related to the permit, after deduction of any outstanding costs incurred by the City in processing the application for the permit and in carrying out any work pursuant to Article 1.5.3.4. or Article 1.5.3.5.
1.6.2.8. Lapse of Application
1) Subject to the provisions of Article 1.6.2.9., an owner shall comply with all the necessary requirements to complete an application for a permit within 6 months after the date of receipt of the application by the Chief Building Official.
2) If an owner fails to comply with the requirements of Sentence (1), the application for a permit shall lapse.
3) An application for a permit which has lapsed is expired and shall not be renewed except in accordance with Article 1.6.2.9.
1.6.2.9. Renewal of Lapsed Application
1) The Chief Building Official may renew a lapsed application for a permit if the Chief Building Official determines that
a) no more than 3 months have passed since the date the application lapsed, and
b) the failure to complete the requirements of the original application for a permit was reasonable in the circumstances.
2) Despite the provisions of Sentence (1), the Chief Building Official shall not renew a lapsed application for a permit more than once.
3) An application for a permit which has been renewed pursuant to Sentence (1) must comply with any amendments to this By-law made since the date of receipt of the original application by the Chief Building Official.
1.6.3. Additional Requirements for Plumbing and Sprinkler Permits
1.6.3.1. Application Requirements
1) The Chief Building Official may issue a permit for a plumbing system or sprinkler system if the applicant is authorized to obtain such a permit in accordance with the provisions of this Section.
1.6.3.2. Permit for Plumbing System
1) The Chief Building Official shall only issue a permit to construct, extend, alter, renew or repair a plumbing system to a licensed plumbing contractor.
1.6.3.3. Permit for Sprinkler System
1) The Chief Building Official shall only issue a permit to construct, extend, alter, renew or repair a sprinkler system to a licensed sprinkler contractor.
1.6.3.4. Permit for Plumbing System to Licensed Contractor
1) Despite the provisions of Article 1.6.3.2., the Chief Building Official may issue a permit to a licensed contractor
b) to install backflow devices or other similar protection devices inside a building.
1.6.3.5. Permit for Plumbing System to Owner
1) Despite the provisions of Article 1.6.3.2., the Chief Building Official may issue a permit to the owner of a one-family dwelling to do plumbing work in that one-family dwelling if the owner is the occupier of the one-family dwelling.
1.6.3.6. No Permit for Minor Repairs to Plumbing System
1) Despite the provisions of Article 1.6.3.1., no permit is required to repair or replace a valve, faucet, fixture, fixture outlet pipe or service water heater, to clear a stoppage, or to repair a leak, if there is no change to any other piping.
1.6.3.7. Requirement for Inspection
1) No person shall use a plumbing system or sprinkler system until it has been inspected by the Chief Building Official.
1.6.4. Applications by Certified Professionals
1.6.4.1. Applications for Permits by Certified Professionals
1.6.4.2. Requirements for Permit
1) A Certified Professional who applies for a permit on behalf of an owner must comply with the requirements of Section 1.6 of this By-law.
1.6.4.3. Application Review For Permit
1) The Chief Building Official may issue a permit based upon a modified review of the drawings and other supporting documents submitted with the application for a permit by a Certified Professional.
1.6.4.4. Site Review For Permit
1) A Certified Professional shall carry out detailed site reviews and shall be responsible for monitoring and follow-up necessary to support the construction authorized by the permit and to support the construction of the entire building.
1.6.4.5. Reduced Fees
1) The Chief Building Official may reduce the fees for a permit issued to a Certified Professional, after a final occupancy permit has been issued, if the Chief Building Official first determines that, as a result of the involvement of the Certified Professional in the project, the administrative costs of the City in relation to the permit have been substantially reduced.
1.6.5. Applications for Staged Construction by Certified Professionals
1.6.5.1. Requirements for Staged Construction
1) The Chief Building Official may issue a permit to construct a building in stages if
a) the applicant for the staged construction is a Certified Professional,
b) the Certified Professional also applies for permission to construct the entire building,
c) the Certified Professional submits complete plans and all supporting documents for each portion of the work for which a permit for staged construction is sought, and
d) the Certified Professional submits all documents required pursuant to the Certification of Professionals By-law.
1.6.5.2. Owner’s Risk
1) The issuance of a staged permit creates no obligation on the Chief Building Official to issue any other staged permits or to issue a permit to construct the entire building.
2) An owner who commences construction of a building in accordance with a staged permit does so at the owner’s risk.
1.6.5.3. Owner’s Responsibility
1) An owner who fails to complete the work authorized by a permit for staged construction or who fails to comply with the conditions of a permit for staged construction shall restore the site to a safe condition, to the satisfaction of the Chief Building Official.
1.6.5.4. Application Review for Permit for Staged Construction
1) Where a Certified Professional complies with all application requirements for a permit for staged construction, the Chief Building Official may issue a permit for staged construction based upon a modified review of the drawings and other supporting documents submitted for the permit for staged construction.
1.6.5.5. Site Review of Staged Construction
1) Where a permit for staged construction is issued, the Certified Professional shall carry out detailed site reviews and shall be responsible for monitoring and follow-up necessary to support the construction authorized by the permit for staged construction and to support the construction of the entire building.
1.6.6. Revisions
1.6.6.1. Revisions to Applications
1) All applications for revisions to the original application shall comply with Article 1.6.2.2.
2) When revisions to the original application result in an increase in the value of the proposed work, the Chief Building Official shall review the valuation and recalculate the permit fee in accordance with this By-law.
3) When application documents are either incomplete or changed to the extent that an
additional plan review is necessary, an additional revision fee shall be charged in
accordance with the Fee Schedule at the end of this Part.
1.6.6.2. Minor Revisions to Permits
1) All applications for minor revisions to the original permit shall comply with Article 1.6.2.2. to the extent required by the Chief Building Official.
2) When applications for minor revisions to the original permit result in an increase in the value of the proposed work, the Chief Building Official shall review the valuation and recalculate the permit fee in accordance with this By-law.
3) An additional revision fee shall be charged for applications for minor revisions to
the original permit in accordance with the Fee Schedule at the end of this Part.
1.6.7. Permit Expiry and Extension
1.6.7.1. Permit Expiry
1) Except as provided in this Subsection, a permit shall expire and the rights of the owner under the permit shall terminate if in the opinion of the Chief Building Official
a) the work authorized by the permit is not commenced within 6 months from the date of issue of the permit,
b) the work although commenced is not continuously and actively carried out thereafter,
or
c) the work has been substantially discontinued for a period of 6 months. (See Appendix A.)
2) Except as provided in this Subsection 1.6.7., a permit for a temporary building or occupancy shall expire and the rights of the owner under the permit shall terminate on the expiry date noted on the permit.
1.6.7.2. Application to Chief Building Official for Extension
1) An owner who wishes to seek an extension of a permit shall make application to the Chief Building Official prior to the expiry of the permit.
2) An owner who wishes to seek an extension of a permit shall submit the application in writing accompanied by the requisite extension fee.
1.6.7.3. Extension of Permit by Chief Building Official
1) If the Chief Building Official is of the opinion that substantial completion of the work has been prevented because of exceptional circumstances, the Chief Building Official may extend the permit twice only, provided that, in the meantime, no applicable amendments have been made to this By-law.
2) If the Chief Building Official is of the opinion that a building or occupancy is temporary, the Chief Building Official may extend the permit for a temporary building or occupancy twice only, provided that, in the meantime, no applicable amendments have been made to this By-law.
1.6.7.4. Application to Council for Extension
1) An owner who has been granted an extension of a permit by the Chief Building Official may make application to Council for a further extension prior to the expiry of the permit.
2) An owner who wishes to seek an extension of a permit from Council shall submit an application in writing to the Chief Building Official accompanied by the requisite extension fee.
3) The Chief Building Official shall forward to Council any application submitted in accordance with this section, together with information and advice to assist Council in considering the application.
1.6.7.5. Extension of Permit by Council
1) Council may extend a permit for such further period or periods it deems appropriate.
2) If Council grants an extension of a permit, the Chief Building Official shall endorse the further extension or extensions on the permit.
1.6.8. Permits for Temporary Buildings, Including Tents and Air-Supported Structures
1.6.8.1. Definition of “Temporary”
1) In this Subsection, “temporary” means for a time period not exceeding twelve consecutive
months.
1.6.8.2. Compliance with By-law
1) Except as otherwise provided in this Subsection or in Section 11.6, Division B, Book
1, no person shall erect a temporary building, including a tent or air-supported structure, which does not comply with this By-law.
1.6.8.3. Permit Required
1) No person shall erect, or use or occupy a temporary building, including a tent or air-supported structure without a permit.
1.6.8.4. Compliance with Permit Conditions
1) No person shall erect, or use or occupy a temporary building, including a tent or air-supported structure, in contravention of the conditions of a permit.
1.6.8.5. Application Requirements
1) The application for a permit for a temporary building, including a tent or air-supported structure, shall be accompanied by
a) plans showing the location of the temporary building, tent or air-supported structure on the site, all other existing buildings on the same property and all other buildings on adjacent property located within at least 10 feet of the property line of the site,
c) a statement by the owner indicating the intended use and intended duration of such use.
2) The application for a temporary occupancy permit for a tent or air-supported structure shall be accompanied by documentation sufficient to establish that the tent or air-supported structure complies with Subsection 3.1.6. of Division B, Book I.
1.6.8.6. Time Limited Permits for Temporary Buildings
1) The Chief Building Official may issue a permit authorizing the construction, use or occupancy of a temporary building, including a tent or air-supported structure, and may attach conditions to such permit, including conditions allowing for selective compliance with the provisions of this By-law, if the Chief Building Official determines that the construction, use or occupancy will exist for a short time, and the circumstances do not warrant complete compliance with this By-law.
1.6.8.7. Permit End Date
1) A permit for a temporary building, including a tent or air-supported structure, shall state the date after which the permit is no longer valid.
1.6.8.8. Permit Extension
1) A permit for a temporary building, including a tent or air-supported structure, may only be extended if an extension is granted by the Chief Building Official prior to the expiry of the permit.
2) An owner who wishes to seek an extension of a permit for a temporary building from the Chief Building Official shall submit an application in writing to the Chief Building Official accompanied by the requisite extension fee.
3) If the Chief Building Official is of the opinion that the temporary building complies with the life safety requirements of this By-law, the Chief Building Official may extend the permit once only, and the Chief Building Official may require documentation from registered professionals to verify that the requirements of this By-law are being met.