HomeMy WebLinkAboutDSD-2023-476 - 2023 Building By-law UpdateStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: October 30, 2023
SUBMITTED BY: Mike Seiling, Chief Building Official, 519-741-2200 ext. 7669
PREPARED BY: Mike Seiling, Chief Building Official, 519-741-2200 ext. 7669
WARD(S) INVOLVED: N/A
DATE OF REPORT: October 13, 2023
REPORT NO.: DSD -2023-476
SUBJECT: 2023 Building By-law Update
RECOMMENDATION:
That Chapter 710 (Building) of the City of Kitchener Municipal Code be repealed and
replaced with Appendix A of Development Services Department report DSD -2023-476;
and further,
That the Building Enterprise fund a new full time equivalent (FTE) in the Planning
Division to support the Zoning compliance as outlined in report DSD -2023-476.
REPORT HIGHLIGHTS:
• The purpose of this report is to update and refresh the existing Building Bylaw, that was
last approved by Council in 2005.
• The report includes a recommendation to fund a new full time equivalent (FTE)
employee in the Planning Division to complete the zoning compliance required as part
of the building permit issuance for low rise residential projects, which will be funded out
of the Building Enterprise.
• This report supports the delivery of core services.
BACKGROUND:
The Building Bylaw has not been updated since 2005 and this report intends to amend the
Chapter to current legislation and building practices.
REPORT:
The Building Enterprise enforces the requirements set out in the Building Code Act and
Ontario Building Code (OBC). The OBC mostly contains technical requirements to ensure
buildings are safe for life, fire and health systems plus barrier free accessible and energy
efficiency. A municipality may create a Building Bylaw. The Building Bylaw sets out
*** This information is available in accessible formats upon request. ***
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Page 24 of 132
administrative requirements that are not included in the Ontario Building Code (OBC) such
as types of permits, document requirements, permit categories and fees/ refunds.
The Building Bylaw has not been refreshed or updated since its original approval in 2005
save and except for annual permit fee adjustments. This Building Bylaw update is primarily
a housekeeping exercise with no major changes proposed. For example, code references
have been updated and schedules will be updated or deleted. A tracked changes copy of
the bylaw amendments is attached as Appendix A.
The one (1) new full time equivalent employee proposed in the Planning Division, (Planning
Technician) will complete the zoning compliance required as part of the building permit
issuance for low rise residential projects. The zoning compliance is part of the building permit
issuance process and is currently completed by Municipal Building Officials in the Building
Division. The zoning compliance review has become more complex and challenging which
can result in delays in building permit issuance for some residential projects. In 2022, the
City processed 2634 low rise residential permits and in 2023 year-to-date, the City
processed 727 permits of the same type. The timing of this change will set the City for
success because staff expects permit levels to resume to the 5 year trend of high permit
activity, and potentially higher as soon as mortgage rates stabilize. Further development
trends, customer expectations and the complexity of verifying zoning compliance requires a
dedicated zoning specialist. A dedicated specialist will verify zoning compliance including
interactions with the customer to support permit issuance quicker than present time frames.
City staff are experiencing an increase in the complexity of interpreting the zoning bylaw and
additional time to explain the changes necessary to the owner to allow permit issuance. The
zoning review time per application varies from 15 min for a new single detached dwelling to
1+hrs when infill or customer explanation and changes are required. A dedicated Planning
staff expert who will review and confirm zoning compliance will provide service efficiency
and support the implementation of Bill 23 More Homes Built Faster Act. The funding for the
new FTE is from the Building Enterprise.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation to hire 1 new FTE in the Planning Division with
full funding will require funding for $8,984.00 in 2023 (pro -rated over 1 month) from the
Building Enterprise Operating Budget. A recommended hire date of December 1, 2023 is
proposed and the Building Enterprise will include the full cost of the FTE as part of the 2024
budget. The Building Bylaw has no financial implication to the City of Kitchener.
COMMUNITY ENGAGEMENT:
The Building Bylaw update and 1 new FTE Planning Technician in the Planning Division
was shared and discussed with the Waterloo Region Home Builder's Association, Kitchener
Development Liaison Committee (KDLC) at 2 meetings (Jan. 2023 & June 2023). The KDLC
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members did not object to these two recommendations. This report has been added to the
agenda of the KDLC meeting scheduled for Oct. 20, 2023.
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — By-law including proposed amendments
Attachment B - Chapter 710 (Building) Amended By-law
Page 26 of 132
PROTECTION
Chapter 710
BUILDING PERMITS AND FEES
Article 1
SHORT TITLE
710.1.1 Citation
Article 2
INTERPRETATION
710.2.2
710.2.3
710.2.4
710.2.5
710.2.6
710.2.7
710.2.8
710.2.9
710.2.10
710.2.11
710.2.12
710.2.13
710.2.14
710.2.15
710.2.16
710.2.17
710.2.18
710.2.19
710.2.20
710.2.21
710.2.22
KITCHENER
Act - defined
Applicant - defined
Architect - defined
As constructed plans - defined
Building Code - defined
Building Official - defined
Chief Building Official - defined
City - defined
Construct - defined
Construction site - defined
Demolish - defined
Inspector- defined
Model home - defined
Permit - defined
Permit holder - defined
Person - defined
Professional engineer or engineer - defined
Registered Code Agency - defined
Sewage system - defined
Work - defined
Words - terms - not specifically defined
710.1
DECEMBER 2017
Page 27 of 132
BUILDING PERMITS AND FEES
Article 3
PERMITS
710.3.1
Classes - set out - Schedule 'A'
710.3.2
Application -
in writing -form - Chief Building Official
710.3.3
Application information
- set out - based on type
710.3.4
Application -
construction permit - information
710.3.5
Application -
demolition permit - information required
710.3.6
Application -
conditional permit - information
710.3.7
Application
- model home permit - information
710.3.8
Application
- change of use - information required
710.3.9
Application
- sewage permit - information required
710.3.10
Application
- transfer permit - information required
71. 0.3. 1.2
710.3.13
Applieat;GR
Application
OReeplete—as ledgm eetfeWR
- partial permit - information
710.3.14
Partial permit issued - not approval of whole project
710.3.15
Expiry of application
- six months - work abandoned
Article 4
PLANS AND SPECIFICATIONS
710.4.1 Sufficient information provided - to ensure compliance
710.4.2 Electronic Application two sots of plans form - Schedule 'C'
710.4.3 Plans - drawn to scale - requirement
710.4.4 Site plan - referenced to survey - information required
710.4.5 Surveyor's certificate - approved before framing
710.4.6 Building completion - plans - survey - requirement
710.4.7 Plans - specifications - furnished to City - ownership
Article 5
REGISTERED CODE AGENCIES
710.5.1 Agreement - Chief Building Official - authorization
710.5.2 Specified functions - types permitted
KITCHENER 710.2 DECEMBER 2017
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BUILDING PERMITS AND FEES
Article 6
FEES AND REFUNDS
710.6.1 Determination - by Chief Building Official
710.6.2 Commencement - prior to permit issue - penalty
710.6.3 Refund - application withdrawn abandoned - other
710.6.4 Rebate - final inspection - terms - Schedule 'A'
Article 7
TRANSFERS OF PERMITS
710.7.1 Application - form - requirements
710.7.2 Fee - payable - upon application
710.7.3 Transfer complete - new owner - responsibility
Article 8
REVOCATION OF PERMITS
710.8.1 Revocation - notice of - deadline
710.8.2 Deferral of revocation - request - in writing - deadline
Article 9
NOTICE REQUIREMENTS FOR INSPECTION
710.9.1 Stages of construction - prior to occupancy
710.9.2 Stages of construction - additional notices - required
710.9.3 Notice not effective - until confirmed
710.9.4 Inspection - upon notification
Article 10
FENCES AT CONSTRUCTION AND DEMOLITION SITES
710.10.1 Required - Chief Building Official - Inspector
710.10.2 Height - other characteristics - consideration
710.10.3 Area fully enclosed - maintained in good repair - height
Article 11
SEVERABILITY
KITCHENER 710.3 DECEMBER 2017
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710.11.1 Validity
BUILDING PERMITS AND FEES
Article 12
ENFORCEMENT
710.12.1 Fine - for contravention
Article 13
REPEAL
710.13.1 By-law - previous
Applieat a„ rresefved prier to February 1, 2007
SCHEDULE
Schedule 'A' - Classes of Permits and Fees
Schedule 'C' - Drawings, Specifications and Documents Required For Construction,
Demolition, and Change of Use Permits
-GHeduie ,O� Ge.ne.r .l R&OleV9F=E)FFA
Schedule 'E' - Demolition Agreement
Schedule 'F' - Model Homes
Schedule 'H' - Permit Rebate
Schedule 'I' - Code of Conduct for Building Officials
Schedule 'S -Appointments: Building Officials
Article 1
SHORT TITLE
710.1.1 Citation
This Chapter may be referred to as the Building By-law.
Article 2
INTERPRETATION
710.2.2 Act - defined
"Act" means the Building Code Act, 1992, S.O. 1992, c.23, as amended.
KITCHENER 710.4 DECEMBER 2017
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BUILDING PERMITS AND FEES
710.2.3 Applicant - defined
"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.
710.2.4 Architect - defined
"architect" means the holder of a license, certificate of practice or a temporary licence
issued under the Architects Act as defined in the Building Code.
710.2.5 As constructed plans - defined
"as constructed plans" are defined in the Building Code as construction plans and
specifications that show the building and the location of the building on the property as
the building has been constructed.
710.2.6 Building Code - defined
"Building Code" means the regulations made under section 34 of the Act.
710.2.7 Building Official - defined
"Building Official" means a Chief Building Official, Deputy Building Official or Inspector
appointed by the City.
710.2.8 Chief Building Official - defined
"Chief Building Official" means a Chief Building Official appointed by by-law by the City
for the purposes of enforcement of the Act and shall include a designate where not
prohibited by law.
710.2.9 City - defined
"City" means The Corporation of the City of Kitchener.
710.2.10 Construct - defined
"construct" means construct as defined in subsection 1(1) of the Act.
710.2.11 Construction site - defined
"construction site" means any construction site in respect of which a building permit has
been issued for construction of a new building within or adjacent to a residential zone
except where the site is within a registered plan of subdivision when that subdivision is
being developed for the first time.
710.2.12 Demolish - defined
"demolish" means demolish as defined in subsection 1(1) of the Act.
710.2.13 Inspector - defined
"Inspector" means an Inspector appointed by by-law by the City for the purposes of
enforcement of the Act.
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BUILDING PERMITS AND FEES
710.2.14 Model home - defined
"model home" means a new uninhabited single detached dwelling, semi-detached
dwelling or street townhouse unit which is constructed to the requirements and provisions
of the zoning category in which the model is proposed and is situated on lands in a draft
approved plan of subdivision, with or without service connections, for the purpose of
display and sale of the dwelling units to the general public.
710.2.15 Permit - defined
"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.
710.2.16 Permit holder - defined
"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.
710.2.17 Person - defined
"person" includes a corporation and a partnership and the heirs, executors, administrators
and other legal representatives of a person to whom the context can apply according to
law.
710.2.18 Professional engineer or engineer - defined
"professional engineer" or "engineer" means a person who holds a licence or temporary
licence under the Professional Engineers Act, as defined in the Building Code.
710.2.19 Registered Code Agency - defined
"registered code agency" means a registered code agency as defined in subsection 1(1)
of the Act.
710.2.20 Sewage system -defined
"sewage system" means a sewage system as defined in subsection 1(1) of the Act.
710.2.21 Work - defined
"work" means construction or demolition of a building or part thereof, as the case may be.
710.2.22 Words - terms - not specifically defined
Any word or term not defined in this Chapter that is defined in the Act or Building Code
shall have the meaning ascribed to it in the Act or the Building Code unless inconsistent
with the context thereof.
Article 3
PERMITS
710.3.1 Classes - set out - Schedule `A'
The classes of permits set out in Schedule 'A' are hereby established.
KITCHENER 710.6 DECEMBER 2017
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BUILDING PERMITS AND FEES
710.3.2 Application - in writing -form - Chief Building Official
To obtain a permit, the owner or an agent authorized in writing by the owner shall file an
application in writing by completing the prescribed form the Ministry of Municipal Affairs
and Housing under subsection 8(1.1) of the Building Code Act, 1992 available frern +ho
Commented [MS1]: Do we add link or the website address?
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Commented [T132111]: Clerk's advised no
710.3.3 Application information - set out - based on type
Every application for a permit shall be submitted to the Chief Building Official, and contain
the following information set out in Sections 710.3.4 through 710.3.11 inclusive.
710.3.4 Application - construction permit - information
Where application is made for a construction permit under subsection 8(1) of the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish- and
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5)Aft�c1.^.�.�Q^.�.�Q of the Building Code and as described
in this Chapter for the work to be covered by the permit; and
(c) include completed general review form .
710.3.5 Application - demolition permit - information required
Where application is made for a demolition permit under subsection 8(1) of the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish"; and
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5)A ele 0 A d 1E3 and Sentence2.^prof the
Building Code and as described in this Chapter for the work to be covered by the
permit; and
(c) include completed form as set out in Schedule 'E' where applicable, and
(d) include:
(i) proof satisfactory to the Chief Building Official, that arrangements have been
made with the proper authorities for the cutting off and plugging of all services;
(ii) a damage deposit in such an amount as set out in the City's fees by-law existing
at the time the damage deposit is required, prescribed by the Director of
Engineering to ensure that any damage to the sidewalk, curb and gutter,
boulevard or road right of way will be reinstated to his/her satisfaction.
710.3.6 Application - conditional permit - information
Where application is made for a conditional permit under subsection 8(3) of the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish";
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5)Aft ^l�''.^.�.� Q ofthe Building Code and as described
KITCHENER 710.7 DECEMBER 2017
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BUILDING PERMITS AND FEES
in this Chapter for the work to be covered by the permit_;
(c) state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
(d) state the necessary approvals which must be obtained in respect of the proposed
building and the time in which such approvals will be obtained; and
(e) state the time in which plans and specifications of the complete building will be
filed with the Chief Building Official.
710.3.7 Application - model home permit - information
Where an application has been made for a model home permit, the application shall:
(a) use provincial application form, "Application for a Permit to Construct or Demolish";
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5) ^r#^'�''.^.�.� ofthe Building Code and as described
in this Chapter for the work to be covered by the permit;
(c) include a certified cheque or Letter of Credit for 10% of the construction value of
the model(s) being constructed;
(d) include a site plan indicating the following:
(i) location and treatment of driveway access and parking;
(ii) temporary storm drainage, grading, siltation and erosion control measures if
necessary, until grading is completed in accordance with the requirements of
the Director of Engineering;
(iii) location and treatment of pedestrian access to the site;
(iv) location and treatment of emergency vehicle access;
(v) proposed landscaping, fencing and signage;
(vi) hydro facilities,
(e) confirm compliance with conditions in Schedule 'F'.
710.3.8 Application - change of use - information required
Where application is made for a change of use permit issued under subsection 10(1) of
the Act the application shall:
(a) use the prescribed form OR Sehedule
(b) describe the building in which the occupancy is to be changed, by a description
that will readily identify and locate the building;
(c) identify and describe in detail the current and proposed occupancies of the building
or part of a building for which the application is made;
(d) 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;
(e) be accompanied by the required fee;
(f) state the name, address and telephone number of the owner;
(g) be signed by the owner or his/her authorized agent who shall certify the truth of
the contents of the application.
KITCHENER 710.8 DECEMBER 2017
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BUILDING PERMITS AND FEES
710.3.9 Application - sewage permit - information required
Where application is made for a sewage permit issued under subsection 8(1) of the Act,
the application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish";
(b) include complete plans and specifications, documents and other information as
required under Div. C 1.3.1.3(5)A40cIe2.^�-4Q of the Building Code and as
described in this Chapter for the work to be covered by the permit;
(c) include a site evaluation which shall include all of the following items, unless
otherwise specified by the Chief Building Official:
(i) include the date the evaluation was done;
(ii) include name, address, telephone number and signature of the person who
prepared the evaluation; and
(iii) include a scaled site plan showing:
• the legal description, lot size, property dimensions, existing rights-of-
way, easements or municipal / utility corridors;
• the location and clearances 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;
• the location of the proposed sewage system;
• the location of any unsuitable, disturbed or compacted areas;
• proposed access routes for system maintenance;
• depth to bedrock;
• depth to zones of soil saturation;
• soil properties, including soil permeability; and
• soil conditions, including the potential for flooding.
710.3.10 Application - transfer permit - information required
Where application is made for a transfer of permit because of a change of ownership of
the land, as permitted under clause 7 (h) of the Act, the application shall:
(a) use the prescribed form in Schedule 'B';
(b) provide the names and addresses of the previous and new land owner;
(c) provide the date that the land ownership change took place;
(d) describe
�the
��permit that is being transferred.
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KITCHENER 710.9 DECEMBER 2017
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BUILDING PERMITS AND FEES
710.3.13 Application - partial permit - information
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:
(a) application shall be made and all applicable fees associated with the scope of the
partial permit paid; and
(b) complete plans and specifications covering the portion of the work for which
immediate approval is desired shall be filed with the Chief Building Official-
(G) where a partial permit is requested the fuil buildiRg or prejeGt appliGatiGR 06 deemed
to he innemplete as deGGrihed in Con+inn 710 2 12
710.3.14 Partial permit issued - not approval of whole project
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.
710.3.15 Expiry of application - six months - work abandoned
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.
Article 4
PLANS AND SPECIFICATIONS
710.4.1 Sufficient information provided - to ensure compliance
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.
710.4.2 Electronic Application -twosetsofpians form -Schedule `C'
Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by tWO t �a complete electronic -sets of the plans and specifications
as described in this Chapter and Schedule 'C'.
710.4.3 Plans - drawn to scale - requirement
Plans shall be drawn to an seale-appropriate scale so the plans are legible (min. 1:75 or
3/16"=1') eR pap F, ^i^^+reR'G Fnedi^ ^ ed by the Gity ^ eth.,r r .r^hi ,f,^+„ri^i ^nd
shall be legible as approved by the Chief Building Official.
710.4.4 Site plan - referenced to survey - information required
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
shall be submitted to the Chief Building Official. Site plans shall show:
(a) lot size and the dimensions of property lines and setbacks to any existing or
KITCHENER 710.10 DECEMBER 2017
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BUILDING PERMITS AND FEES
proposed buildings with complete legal description;
(b) existing and finished ground levels or grades, and
(c) existing rights-of-way, easements, waY' ?4rail lines within 30m and municipal
services.
710.4.5 Surveyor's certificate - approved before framing
A surveyor's certificate, prepared by a registered Ontario Land Surveyor, shall be
submitted and approved prior to commencement of the framing of the above grade
portion, and shall show the location of the foundation or foundations on the lot for the
buildings, and for single family, semi-detached, duplex, triplex, four-plex, and row house,
elevations shall be given for the top of foundation(s).
710.4.6 Building completion - plans - survey - requirement
On completion of the construction of a building, the Chief Building Official may require a
set of as constructed plans, including a plan of survey showing the location of the building.
710.4.7 Plans - specifications - furnished to City - ownership
Plans and specifications furnished according to this Chapter or otherwise required by the
Act become the property of the City to be kept or disposed of at the City's discretion.
Article 5
REGISTERED CODE AGENCIES
710.5.1 Agreement - Chief Building Official - authorization
Where the Corporation enters into an agreement with a registered code agency, the Chief
Building Official is authorized to appoint registered code agencies to perform specified
functions in respect of the construction of a building or a class of buildings from time to
time in order to maintain the time periods for permits prescribed in Table 1.3.1.3. of
Division C subsection 2 ^.4 of the Building Code.
710.5.2 Specified functions -types permitted
The registered code agency may be appointed to perform one or more of the specified
functions described in section 15.15 of the Act.
Article 6
FEES AND REFUNDS
710.6.1 Determination -by Chief Building Official
The Chief Building Official shall determine the required fees for the work proposed
calculated in accordance with Schedule 'A' and the applicant shall pay such fees.
Pursuant to the City of Kitchener Annual User Fee Schedule, the Act and the Buildinq
Code, as amended, permit fees will be approved by Council.
710.6.2 Commencement - prior to permit issue - penalfyadditional fee
In a case where any person has commenced construction, demolition or changes to the
use of a building before haviRg submitted a ppliGatiGR for a permit „r befere having
KITCHENER 710.11 DECEMBER 2017
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BUILDING PERMITS AND FEES
received a permit and an order to comply has been issued pursuant to the BC , in Formatted: Not Highlight
addition to any other penalty under the Act, Building Code, or this Chapter the permit fee Formatted: Not Highlight
shall be increased to 200% of the regular permit fee. Notwithstanding this, the permit fee
shall in no case be increased by more than $5,000 above the regular permit fee. The
increase to the permit fee is to allow the City to recover costs or some of the costs of the
additional work and enforcement necessitated due to the premature start of the work.
710.6.3 Refund - application withdrawn abandoned - other
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 permit fees that may be refunded to the
applicant, if any, in accordance with Schedule 'A'.
710.6.4 Rebate - final inspection - terms - Schedule `A'
A rebate of a portion of the building permit fee will be made upon satisfactory confirmation
that the required final inspection and grading certification, if applicable, have been
completed in accordance with the terms and conditions as set out in Schedule 'H'.
Article 7
TRANSFERS OF PERMITS
710.7.1 Application -form -requirements
A permit may be transferred if the new land owner completes the permit application form
in accordance with the requirements of Article 3 of this Chapter.
710.7.2 Fee - payable - upon application
A fee shall be payable on an application for a transfer of permit as provided in Schedule
'A'.
710.7.3 Transfer complete - new owner - responsibility
The new owner shall, upon a transfer of a permit, be the permit holder for the purpose of
the Act and the Building Code.
Article 8
REVOCATION OF PERMITS
710.8.1 Revocation - notice of - deadline
Prior to revoking a permit under subsection 8(10) of the Act, the Chief Building Official
may serve a notice by personal service or registered mail at the last known address to
the permit holder, and felle iRg a thiFt , day n e -d- fr,.m the date of -s „ the C;hmpf
R
710.8.2 Deferral of revocation - request - in writing - deadline
A permit holder may within t"seven days from the date of service of a notice under
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BUILDING PERMITS AND FEES
this Article, request in writing the Chief Building Official to 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.
Article 9
NOTICE REQUIREMENTS FOR INSPECTION
710.9.1 Stages of construction - prior to occupancy
Every 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 notice is required under
Div. C 1.3.5.1(2) ^r+i^' 2.4.5.^.5.1 of the Building Code. In addition, every 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 Div. C 1.3.3.3. ,hyo^+ ^^ 2.4.3 of the Building
Code are complied with.
710.9.2 Stages of construction - additional notices - required
Every permit holder shall also give notice of the following stages of construction in addition
to the notices prescribed by the Ontario Building Code:
(a) commencement of construction of:
(i) masonry fireplaces and masonry chimneys,
(ii) factory -built fireplaces and allied chimneys,
(iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied
chimneys,
(b) substantial completion of interior finishes; and/or
(c) substantial completion of heating, ventilating, air conditioning and air contaminant
extraction equipment.
710.9.3 Notice not effective - until confirmed
A notice pursuant to this Article is not effective until notice is actually received by the Chief
Building Official or the registered code agency and the permit holder receives
confirmation issued by the City or the registered code agency.
710.9.4 Inspection - upon notification
Upon receipt of proper 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 Div. C 1.3.5.3. rtoGl 2.4.5.'^.5.3 of the Building
Code and section 11 of the Act.
Article 10
FENCES AT CONSTRUCTION AND DEMOLITION SITES
710.10.1 Required - Chief Building Official - Inspector
Where, in the opinion of the Chief Building Official or Inspector, a construction or
demolition site presents a hazard to the public, the Chief Building Official or Inspector
KITCHENER 710.13 DECEMBER 2017
Page 39 of 132
BUILDING PERMITS AND FEES
may require the owner to erect such fences as the Chief Building Official or Inspector
deems appropriate to the circumstances.
710.10.2 Height - other characteristics - consideration
In considering the hazard presented by the construction or demolition site, the necessity
for fences and the height and characteristics of such fences, the Chief Building Official or
Inspector shall have regard for:
(a) the proximity of the building site to other buildings;
(b) the proximity of the construction or demolition site to lands accessible to the public;
(c) the hazards presented by the construction or demolition activities and materials;
(d) the feasibility and effectiveness of site fences; and
(e) the duration of the hazard.
710.10.3 Area fully enclosed - maintained in good repair - height
Every fence required by this Article shall:
(a) be erected so as to fully enclose all areas of the site which present a hazard;
(b) create a continuous barrier and be sufficient to deter unauthorized entry,-
(c)
ntry;(c) have a height not less than 1.2 metres (4 feet) above grade at any point, unless
the Chief Building Official or Inspector determines that a greater minimum height
is necessary;
(d) if constructed of plastic mesh, snow fencing or other similar materials, be securely
fastened at 200 mm (7.8 inches) on centre (o.c.) to vertical posts not more than
1.2 metres (4 feet) apart; and horizontal members or a minimum 11 gauge cable
at the top and bottom; and
(e) be maintained in a vertical plane and in good repair.
Article 11
SEVERABILITY
710.11.1 Validity
It is hereby declared that each and every of the foregoing sections of this Chapter is
severable and that, if any provisions of this Chapter should for any reason be declared
invalid by any court, it is the intention and desire of Council that each and every of the
then remaining provisions hereof shall remain in full force and effect.
Article 12
ENFORCEMENT
710.12.1 Fine - for contravention
Every person who contravenes any provision of this Chapter is guilty of an offence and
on conviction is liable to a fine as provided in section 36 of the Act, as amended.
Article 13
REPEAL
710.13.1 By-law - previous
KITCHENER 710.14 DECEMBER 2017
Page 40 of 132
BUILDING PERMITS AND FEES
By-law 94-31, By-law 94-195, section 49 of By-law 95-97, By-law 95-177, By-law 97-4,
By-law 98-41, section 31 of By-law 98-72 sections 21, 22 and 23 of By-law 2001-242, By-
law 2003-129 and the contents of the previous Chapter 710 are hereby repealed as of
July 1, 2005 and this Chapter comes into force and effect on July 1, 2005. By-law 2005-
128, 1 July, 2005.
KITCHENER 710.15 DECEMBER 2017
Page 41 of 132
BUILDING PERMITS AND FEES
SCHEDULE
Schedule `A' - Classes of Permits and Fees
1. Calculation of Permit Fees
Permit fees shall be calculated based on the formula given below, unless otherwise
specified in tN--referenced schedule:
Permit Fee (rounded to the nearest dollar) = SI x A
where
SI = Service Index for Classification of the work proposed and,
A = floor area in ft' of work involved
2. Minimum Permit Fee
A minimum fee 100.00 shall be charged for all work, unless otherwise indicated.
Formatted Table
Assembly (shell)- per ft2
Institutional (shell)-perft2
Garage/Carport (per bay)
Apartment building-perft2
- Group D: Business & personal services:
office buildings (shell)-perft2
KITCHENER 710.16 DECEMBER 2017
Page 42 of 132
BUILDING PERMITS AND FEES
Office buildings (finished) -per ft2
Group E: Mercantile:
Retail stores (shell) -per ft2
Retail stores (finished) -per ft2
Group F: Industrial:
Warehouse, factories (shell) -per ft2
Warehouse, factories (finished) -per ft2
Interior finishing of warehouse or factory areas only -per ft2
Parking garage perft2
Farm building-perft2
Foundation
Conditional Permit -per ft2 of footprint (Min. $711.00)
Interior finishes to previously unfinished area (including finishing of residential basements and maior
renovations) - all classifications -per ft2
New roof structure -per ft2
Parking garage renovations -per ft2
Minor Alterations
Single partitions, washrooms, new entry, new demising wall, canopies
Special Categories
Air supported structures -per ft2
Temporary tents (per site and event)
Temporary stages or demountable support structures (per site per event)
Temporary buildings
Portables/per site (excluding port-a-pak)
Outdoor Patio
Demolitions (minimum of $163) -per ft2
Change of use
Minor demolition (up to SDD)
Miscellaneous
KITCHENER 710.17 DECEMBER 2017
Page 43 of 132
BUILDING PERMITS AND FEES
Ext. barrier free ramp
Fireplace/woodstove(each)
Retaining wall (per linear foot)
Balcony guard (replace per linear foot)
Balcony repairs/balcony
Shoring & underpinning (per linear foot)
Ceiling (new or replace) -per ft2
Facade improvement
Reclad wall -per ft2
All designated structures (except retaining walls,
public pools & signs)
Solar Collector; low rise residential
Solar Collector; all other application types
Elevator/escalator/lift
Fire retrofit (per storey)
Mechanical Work - Work independent of building
permit:
HVAC Permit (residential per suite)
HVAC Permit (non -residential) -per ft2
Sprinkler system (minimum $163)-perft2
Commercial kitchen, spray booth, dust collectors
Standpipe and hose system (retrofit)
Electrical Work - Work independent of building permit:
Fire alarm system & electrical work (min. $163) -per ft2
Electromagnetic locks (each) & hold open devices
Emergency lighting (per storey)
Plumbing Work -Work independent of building permit:
Plumbing permit (per fixture min. fee $95.00)
Disconnect plumbing from septic
Connect to storm or sewer
Catch basins/manholes/roof drains(each)
Building/site services (per linear foot)
Sewage System
Installation of a new sewage system
Malor repair
Minor repair
Examine revised plans (minimum$106)-per ft2
Minimum permit fee (unless otherwise noted)
Transfer permit
Permit to occupy unfinished building
KITCHENER 710.18 DECEMBER 2017
Page 44 of 132
BUILDING PERMITS AND FEES
Special Research Request/Written Request per hour
New construction Single Family, Duplex, Semi-detached, Townhouse & Triplex Dwelling Units/permit
New construction and additions to Multi -residential, Commercial, Industrial & Institutional
Projects/1,000. CV max. $5,000
Additions/alterations to Single Family, Duplex, Semi-detached, Townhouse & Triplex Dwelling
Alterations/interior finish permits to Multi -residential, Commercial, Industrial & Institutional
Additional Dwelling Unit (ADU) Addressing Sign
Staff Time/15 min.
Grading Certificate/Sewage System Maintenance Letter
KITCHENER 710.19 DECEMBER 2017
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Page 45 of 132
BUILDING PERMITS AND FEES
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KITCHENER 710.20 DECEMBER 2017
Page 46 of 132
BUILDING PERMITS AND FEES
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KITCHENER
710.21
DECEMBER 2017
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Page 47 of 132
BUILDING PERMITS AND FEES
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KITCHENER 710.22 DECEMBER 2017
Page 48 of 132
BUILDING PERMITS AND FEES
4. Miscellaneous — Charges
For classes of permits not described or included in this schedule, a reasonable permit fee
(1% of the construction value) shall be determined by the Chief Building Official- using
the most current version of the Wellington Waterloo Region Chief Building Officials
Committee Construction Values Chart (as amended and published on the City of
Kitchener's official website).
5. Refunds
Pursuant to Article 5 of this Chapter, the fees that may be refunded shall be a percentage
of the fees payable under this Chapter, calculated by the Chief Building Official as follows:
(a) 80% if administrative functions only have been performed;
(b) 70% if administrative and zoning functions only have been performed;
(c) 45% if administrative, zoning and plan examination functions have been
performed;
(d) 35% if the permit has been issued and no field inspections have been performed
subsequent to permit issuance;
(e) 5% shall additionally be deducted for each such field inspection that has been
performed after the permit has been issued
(f) No refund shall be in an amount less than $25.
6. Interpretation
The following explanatory notes are to be observed in the calculation of permit fees:
• Floor area of the proposed work is to be measured to the outer face of exterior
walls and to the centre line of party walls or demising walls. (excluding residential
garages).
• In the case of interior alterations of renovations, area of proposed work is the actual
space receiving the work (eg. tenant space).
• Mechanical penthouses and floors, mezzanines, lofts, habitable attics, and interior
balconies are to be included in all floor area calculations.
• Except for interconnected floor spaces, no deductions are made for openings
within the floor area (eg. stairs, elevators, escalators, shafts, ducts, etc.).
• Unfinished basements for single detached dwellings (including semis, duplexes,
and townhouses etc.) are not included in the floor area.
• Attached garages and fireplaces are included in the permit fee for single detached
dwellings, attached dwellings, semis, duplexes and townhouses.
• Where interior alterations and renovations require relocation of sprinkler heads or
fire alarm components, no additional charge is applicable.
KITCHENER 710.23 DECEMBER 2017
Page 49 of 132
BUILDING PERMITS AND FEES
• Ceilings are included in both new shell and finished (partitioned) buildings. The
Service Index for ceiling applies only when alterations occur in existing buildings.
Minor alterations to existing ceilings to accommodate lighting or HVAC
improvements are not chargeable.
• Where demolition of partitions or alteration to existing ceilings is a part of an
alteration or renovations permit, no additional charge is applicable.
• Corridors, lobbies, washrooms, lounges, etc. are to be included and classified
according to the major classification for the floor area on which they are located.
• The occupancy categories in the Schedule correspond with the major occupancy
classifications in the Ontario Building Code. For mixed occupancy floor areas, the
Service Index for each of the applicable occupancy categories may be used,
except where an occupancy category is less than 10% of the floor area.
• For Rack Storage use apply the square footage charge for industrial for the
building.
By-law 2007-18, 29 January, 2007; Schedule 'A'; By-law 2007-220, 26 November, 2007.
By-law 2008-196, 24 November, 2008; By-law 2009-162, 23 November 2009, Schedule
'A'; By-law 2011-030, 28 February 2011, Schedule 'A'; By-law 2011-173, 5 December,
2011; By-law 2012-165, 3 December, 2012; Schedule'A'; By-law 2013-159, 9 December,
2013; By-law 2014-148, 15 December 2014; By-law 2015-135, 14 December 2015, By-
law 2016-122, 12 December 2016; By-law No. 2017-130, 11 December 2017.
KITCHENER 710.24 DECEMBER 2017
Page 50 of 132
BUILDING PERMITS AND FEES
Schedule `B' —Application to For ^t
Partial Oeeupanry, Transfer of Permit
And Ghange ef Use
KITCHENER 710.25 DECEMBER 2017
Page 51 of 132
BUILDING PERMITS AND FEES
1City of Kitchener
Sth Fir- Building Division
Zit King street wast
Kitchener, ON
N2G4G7
KITCHENER
APPLICATION FOR A PERMIT
PARTIAL OCCUPANCY- UNFINISHED BUILDING
TRANSFER OF PERMIT - OWNERSHIP
CHANGE OF USE - NO CONSTRUCTION
For use of Municjpalit Authority -.
npal�caupn Npmbor
P mu npn,uer ladmmen0
Dale reco�oea lyyrrrmm�adl
apo nnmoer
A) Purpose of Application a Partial Occupancy- Unfinished Building
� Transfer of Permit - Ownership .Change of Use - No Construction
Proposed vse of building: _Cu -n, use of buildilp (if epplkable): _ _peso....... of work.
B) Applicant Information - Applicant is:
o The owner c The authorized agent of the owner
If Corporation or Pannersili , Name of person applying on its behalf)
C) Owner Information (if different from applicant)
(If Cor Oration or Pannershi , Name of person applying on its behalf
IName
Flrn Name
ale lmaal
Lan Namo
Fwl Namo Miatlle ln�lul
Comoralion or Pam—hip it applicaolol
Coporalwn v Pannwship (n aPpl-biej
auiilitlinaa street Name Uniltl LPItl
Fun Andress
Buatlinar .Neel Name Untie L�.Iv
n+upahN Province
lul Cone
Munk�pal,ry note IaICWe
eiephonep Gemstar aipDl nail
Faatlloplw+all
opono4 CONulerr 1ppno al^zn
pfop'ronal 1
D) Former Owner (if applicable)
E) Project Information (Full address of Project)
I rvama .nal Name me mmol
Corporal—., Panne ship it applkeole)
aulwirp p33 .Neel Name Uni. Ldtl
pu Mtlrese
evnemgx stleol Name umla Lola
palM ince ul Cope
Telephoner Cexular. vil,vonal) x11,1 1)
Municipality
Ante Postal Cove
Col4lar p (oplronall x x IODaonell
OWar Lpraaw+lnlormaoon. Descnoearealooeoccupied,
r ono q
F) Permit Via n Mail a Pick Up To: a Applicant n Owner Authorized Agent
G) Building designer l Architect / Engineer:
H) Declaration of Applicant
1• certify that:
Ipnm Wil name)
1. The Information contained in this application, attached schedules, attached plans and specifications, and other attached documentation is true to the
best of my knowledge.
2. 1 have authority to bind the corporation or partnership (if applicable).
(Dole) faipnalura of MWkene
Personal information contained in (his form and schedules is collected under the authority of subsection 8(1.1) of the Building Code Act, 1992.
Questions about the Collection of personal information may be addressed to the Chief Building Official of the municipality of the City of Kitchener.
KITCHENER 710.26 DECEMBER 2017
Page 52 of 132
BUILDING PERMITS AND FEES
Schedule `C' - Drawings, Specifications and
Documents Required For Construction, Demolition,
and Change of Use Permits
1.0 Two t6/GGpie A digital file -of the following list of drawings, specifications and
documents that are required to be submitted (the Chief Building Official many require
other information that is not listed below from time to time) in order for the various types
of Building Permit Applications listed to be considered a complete application pursuant to
section 2.4 of the Building Code Act, 1992, as amended:
(a) Demolition (Full or partial)
(i) Demolition prepared by a professional engineer where deemed necessary
by the Chief Building Official (OBC Part 2).
(ii) Site/grading/site servicing plans must be prepared by a professional
engineer (P.Eng.), certified engineering technologist(CET) or Ontario land
surveyor (OLS) illustrating both pre and post grades including surface
treatments and siltation/erosion control measures.
(iii) Site plan must locate all existing building(s) and delineate the building(s) to
be demolished including the last known use of building and list the floor area
for each floor including all mezzanine(s) and basement.
(iv) Complete demolition agreement (see Schedule 'E').
(b) On-site Sewage System
(i) Site Evaluation Report prepared by a professional engineer including soil
permeability, and soil conditions, including the potential for flooding (Refer
to section 2.5 for complete content of report).
(ii) Site plan and grading/drainage plan(s).
(iii) Sewage system design and drawings (prepared by a professional
engineer).
(iv) Schedule 2 from MMAHinistry of Municipal Affairs and Housing
(c) Residential Deck or Porch Permit
(i) Site plan (property survey)
(ii) Floor plan (framing)
(iii) Elevation(s)
(iv) Section or detail of guard
(d) Residential Accessory Buildings
(i) Site Plan (property survey)
(ii) Foundation plan / Eng. Floor Slab
(iii) Floor Plan (one per floor & include framing)
(iv) Building Elevations (four)
(v) Building Section (min. 1)
(e) Swimming Pools
KITCHENER 710.27 DECEMBER 2017
Page 53 of 132
BUILDING PERMITS AND FEES
(i) Site Plan (note on plan fence type and location plus pool size and setback
from property lines)
(f) Residential Addition or Renovation Permit
(i) Site Plan (property survey)
(ii) Foundation plan
(iii) Floor Plan (one per floor including framing)
(iv) Building Elevations (min. 3)
(v) Building Section (min. 1)
(vi) On -Site Sewage System Evaluation where applicable
(g) New Residential House or Semi -Detached
(i) Site Plan
(ii) Approved Lot Grading and Drainage Plan
(iii) TARION (ONHWP) Registration Form
(iv) Where applicable a complete On -Site Sewage System Permit Application
(v) Floor Plan (one per floor)
(vi) Floor and Roof Framing Plans
(vii) Building Elevations (4)
(viii) Building Section (min. 1)
(ix) Mechanical Ventilation Form
(x) Heat Loss / Heat Gain Calculations and Furnace make /model
(xi) Deed; when lot is created via severance
(h) New Residential Townhouse or Tri-Plex
(i) Approved Site Development Plan (Section 41, Planning Act) and
Agreement, if applicable
Site Plan (as required by section = 710.4.4. of this By-law)
Building Code Matrix
EEDS
(ii) Floor Plan (one per floor)
(iii) Floor and Roof Framing Plans
(iv) Building Elevations (4)
(v) Building Section (min. 1)
(vi) Mechanical Ventilation Form
(vii) Heat Loss / Heat Gain Calculations and Furnace make /model
(viii) Fire wall details, if applicable
(i) New Residential Apartment Building
(i) Approved Site Development Plan (Section 41, Planning Act) and
Agreement, if applicable
(ii) Geotechnical Investigation Report (2eepies)
(iii) Site Plan
(iv) Grading and Site Servicing Plan
(v) Floor Plan (one per floor)
(vi) Foundation Plan & Details (include de -watering & shoring where applicable)
KITCHENER 710.28 DECEMBER 2017
Page 54 of 132
BUILDING PERMITS AND FEES
(vii) Floor, Framing and Roof Structural Plans
(viii) Building Elevations
(ix) Building Sections
(x) Window & Door/Hardware Schedules
(xi) Room Finish Schedules
(xii) Mechanical Drawings (plumbing and HVAC)
(xiii) Electrical Drawings (lighting, fire alarm system)
(xiv) Sprinkler Shop Drawings, if applicable
(xv) Standpipe Shop Drawings, if applicable
(j) New Non -Residential Building or Addition (Part 3 or 9 Building)
(i) Approved Site Development Plan (Section 41, Planning Act) and
Agreement, if applicable
(ii) Geotechnical Investigation Report (unless, in the case of an addition it is
Waived by the Chief Building Official
ad44kN* (2 6)
(iii) Site Plan
(iv) Grading / Site Servicing Plan(s)
(v) Floor Plan (one per floor)
(vi) Foundation, Floor, Framing and Roof Plans
(vii) Building Elevations
(viii) Building Section (min. 1)
(ix) Window Schedule
(x) Door and Hardware Schedule
(xi) Details
(xii) Mechanical Plans (plumbing & HVAC)
(xiii) Electrical Plans (general lighting, emergency/exit lighting, and fire alarm
system)
(xiv) Automatic Sprinkler and Standpipe Drawings where applicable
(xv) On -Site Sewage System Evaluation; if applicable
(k) Non -Residential Renovation (Part 3 or 9 Building)
(i) Site Plan or Key Plan
(ii) Floor Plan(s)
(iii) Door and Hardware Schedule
(iv) Building Elevations if exterior work proposed
(v) Building Section if exterior work proposed
Where applicable
(vi) Structural Plans
(vii) Mechanical Plans (plumbing & HVAC)
(viii) Electrical Plans (lighting, fire alarm system)
(1) Designated Structures
The following plans shall be prepared and stamped by a Professional Engineer:
(i) Site Plan
(ii) Grading Plan where applicable
KITCHENER 710.29 DECEMBER 2017
Page 55 of 132
BUILDING PERMITS AND FEES
(iii) Floor Plan and where applicable a Roof Plan
(iv) Elevations where applicable
(v) Sections and Detail where applicable
(m)Commercial Exhaust Hood (NFPA 96)
(i) Floor Plan
(ii) Mechanical Plan, Details and Section
(n) Electro -Magnetic Locking Devices
(i) Floor Plan
(ii) Electrical Plan, Details of inter -face with fire alarm system
(o) Plumbing or Backflow Prevention Device
(i) Plumbing Floor Plan
(ii) Where applicable a company letter describing proposed work
(p) Flammable Spray Operations
(i) Mechanical Plans
(ii) Electrical Plans
(iii) Flammable liquid quantity, type and storage plans
2.0 Unless specified by the Chief Building Official the following information shall be
shown on plans or working drawings that accompany applications for permits:
2.1 The Site Plan shall show:
(a) survey property boundaries and dimensions, all building lines, bearings of metes
and bounds and compass orientation (legal description);
(b) 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, condominium corporation lines and buildings;
(c) relation of buildings and finished grade to existing elevations and storm water
drainage control plan on site where applicable;
(d) all existing and proposed parking layout, retaining walls, swimming pools
accessory buildings and any other such physical additions necessary to the site.
2.2 The Grading Plan and Site Servicing Plan(s) shall show:
(a) For the purposes of this section, "Grading Consultant' includes:
(i) the Consultant responsible for the approved grading control plan;
(ii) an Ontario Land Surveyor; or
(iii) a Registered Professional Engineer; apd
(my) a Ger#ined €Rgi„eeFiRg ; ee#Re:eg<s.
(b) The Grading Consultant shall develop a site plan showing the existing and
proposed grades, expanding the grades and elevations where necessary, for the
proposed building on a particular lot, infill lot, or block. This scheme must fit the
intentions of the approved grading plan with its established grades. For lots and
blocks and in the case of its surrounding lots, or the submitted proposal will be
KITCHENER 710.30 DECEMBER 2017
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BUILDING PERMITS AND FEES
rejected.
(c) The Grading Consultant shall review the site plan and be responsible for its
approval, stamping it accordingly. Only such stamped plans shall be submitted or
accepted for building permits.
(d) When the final rough grading has been completed, the builder shall obtain a
certificate signed by the Grading Consultant certifying conformity with the
approved grading scheme. Said certificate shall be submitted to the Building
Division.
(e) General information must be noted with regard to the disposal of surface storm
water run-off either by a storm water management scheme where required or, into
existing on -street storm drain facilities via proposed underground storm drainage
systems or on -grade swales, ditches, catch basins, and so on. Give pipe diameters
and slopes.
(f) Location and elevations of controlling benchmark or survey monument.
(g) Indication of all property conditions within 6.1 metres (20 feet) of the subject
property boundaries, showing any pertinent features that effect or will effect the
drainage of the subject property or surrounding property.
(h) The property lines, building location, sidewalks, driveways, curb cuts, swales, all
utility services and new/existing service connections.
(i) Location of storm water catchment area, catch basins, below grade and above
grade utilities and connections into services at property line.
(j) Lot Grading
(k) All gradients and slopes shall be in conformance with current version of the City of
Kitchener Engineering Development Manual (as amended) and published on the
City of Kitchener's official website from time to time.
(1) All submissions for residential developments containing 4-10 units shall be in
conformance with City of Kitchener Engineering Development Manual (as
amended) Appendix E — Site Plan Engineering Guidelines and published on the
City of Kitchener's official website from time to time.
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KITCHENER 710.31 DECEMBER 2017
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BUILDING PERMITS AND FEES
2.3 The Architectural Drawings shall show:
(a) OBC matrix, foundation and grade details;
(b) Each floor plan with exact dimensions of the layout of all proposed areas and
identify each with room names;
(c) 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;
(d) Building elevations, cross sections and wall sections showing all floor to floor
heights, materials and thickness, etc.;
(e) Specifications where applicable.
2.4 Structural Drawings shall show:
(a) All foundation, floor, roof and wall structural elements indicting sizes shapes and
proper location and all dead and live design loads and condition of loading;
(b) All reinforced concrete work indicting thickness and strength of concrete, size
spacing minimum cover and type of reinforcing steel;
(c) All lintels, column and beam locations and their size and snow drift loading;
(d) Where applicable de -watering report and shoring or pile driving;
(e) Guard designs; where applicable.
2.5 The Mechanical and Electrical Drawings shall show:
(a) 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;
(b) 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;
(c) Sprinkler and Standpipe drawings are to include floor plans and riser diagrams to
locate the entire system including connections, sprinkler heads.
2.6 The On -Site Sewage System Report shall include the following:
(a) The name, mailing address and telephone/fax numbers of the person who
KITCHENER 710.32 DECEMBER 2017
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2.3 The Architectural Drawings shall show:
(a) OBC matrix, foundation and grade details;
(b) Each floor plan with exact dimensions of the layout of all proposed areas and
identify each with room names;
(c) 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;
(d) Building elevations, cross sections and wall sections showing all floor to floor
heights, materials and thickness, etc.;
(e) Specifications where applicable.
2.4 Structural Drawings shall show:
(a) All foundation, floor, roof and wall structural elements indicting sizes shapes and
proper location and all dead and live design loads and condition of loading;
(b) All reinforced concrete work indicting thickness and strength of concrete, size
spacing minimum cover and type of reinforcing steel;
(c) All lintels, column and beam locations and their size and snow drift loading;
(d) Where applicable de -watering report and shoring or pile driving;
(e) Guard designs; where applicable.
2.5 The Mechanical and Electrical Drawings shall show:
(a) 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;
(b) 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;
(c) Sprinkler and Standpipe drawings are to include floor plans and riser diagrams to
locate the entire system including connections, sprinkler heads.
2.6 The On -Site Sewage System Report shall include the following:
(a) The name, mailing address and telephone/fax numbers of the person who
KITCHENER 710.32 DECEMBER 2017
Page 58 of 132
BUILDING PERMITS AND FEES
prepared the report and the system installer;
(b) The date the evaluation was completed;
(c) The provincial sewage system installer's licence number, date of issuance, and the
name of the qualified person supervising the work to be done under the permit;
(d) A scaled map of the site showing;
(i) legal description, lot size, property dimensions, existing rights-of-way,
easements or municipal/utility corridors
(ii) the locations of items listed in Column 1 of Tables 8.2.1.6.A, 8.2.1.6.13 and
8.2.1.6.0 of the Building Code
(iii) the location of the proposed sewage system
(iv) the location of any unsuitable, disturbed or compacted areas, and
(v) the proposed access routes for system maintenance
(e) soil investigation including;
(i) depth to bedrock
(ii) depth to zones of soil saturation
(iii) soil properties and permeability
(iv) potential for flooding.
2.7 The following supporting documentation shall accompany applications for a permit
unless otherwise waived by the Chief Building Official:
(a) Real Property Report (Survey Plan) prepared by an Ontario Land Surveyor;
(b) Driveway access permit approved by the authority having jurisdiction as may be
applicable;
(c) Approval by the Ministry of Environment for the design and construction of a private
sewage disposal and water supply systems as may be applicable;
(d) Where applicable approvals by the Ontario Ministries of Labour, Energy & Natural
Resources, Industry & Tourism, Environment, the Ontario Liquor Control Board,
Ontario Fire Marshall's Office, the Grand River Conservation Authority;
(e) Such other approvals as may be required to demonstrate compliance with
applicable law.
By-law 2005-128, 20 June, 2005; Schedule 'C'.
KITCHENER 710.33 DECEMBER 2017
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BUILDING PERMITS AND FEES
Served,,''^' —Genera; Review For See current OAA/PEO form alreadv on website
KITCHENER 710.34 DECEMBER 2017
Page 60 of 132
BUILDING PERMITS AND FEES
COMMITMENT TO GENERAL REVIEWS BY ARCHITECT AND ENGINEERS
TN1S FORM TO BE COYAtiTEp BY THE OWNER OR OWNERS AUTHORIZED AGENT AND SIGNED BY Aid. CONSULTANTSRETAINCO FOA GENERAL REVIEW$
Part A - Owner's Undertaking Pe n f App spew �,
Projeol Description:
Address of Project
Munkipality:
WHEREAS the Ontario Building Cods requires that the project deacritwd above be designed and Or lev ed during conatruotlon by an architaot,
profeaalonal anginesr or both that aro Ilcantled to pmctics in Ontario;
NOW THEREFORE ate Ov ner, being Ina person Who intends to conasud or have the busding conabucted hereby warrants that',
1. The urdmaigned arrhasot ardor professional engineers have been insured! to provide general rani" of the construction of the ouLd'ng to
delemxne whether the oovnebuWon is in general —to-* with the plans and other documents that form the basis for the issver,o of a building
Exr,rk in—da""with ase Perromtance standards of the Ontario Association of ArthlmCls (OAA) andlor Professional Engineers Ontario (PEO);
Z- AI general review reports by the alchited andlo prolassiaml pgineers will Ix forwarded pnornpUy to the Chmf Building Olfidal, and
3. Sh-Marty retained erdnttect or profeaslorret engineer carie to provide general reviews Nr any reason during —M—ton. the Chief &&ding Ofirial
WO be notified in writing immediately, end another amhheci ar anginaer wiff be appointed w that general review continues wahw int—logon during
conatrutlion.
The undemi fried hereby cedlRes that bs/she has mad mad agrees to tRe Above
Name of Owner. Cate,
morm lx V er. Telephone:
Nrature of Owner, Not Name: Far:
(o gRwrer of wrperasms)
Coordinator of the walk of all Consultants: Telephone:
Addmss; Fax:
PaA R. f�nnenlRnnaa
The undersigned arohiled syWor profasslonW englnaarls) hereby osafy that Way have been retained to provide general reviews of the pans cf
eareb—tion of the building Indiratad, b detamvne whether the conttruction b in genaml confomey with the plane and other d=rsants that form the
basis for the issuenes of a Cuildng permit, In —ord—with the psetmnanoe atandarda of the OAA -&. PEO.
u"MnCTURAL WFIRUCTURAL LIMECHANICAL IJ ELECTRIM ❑SUEsiumcD
Con.11anl Name: 81gr ou.; Print Name:
Te'eptwne'. Far: Address'.
Wa
UtCHFIECTURAL Umuciruputt. ONECKMICAL U Eutmeai UsnEwmeEs Q OTHER(SPECIFf):
comitant Name: $igaadm: Prhl Name: Dale:
Far:
ARCHrrEmRAL STRUCEUIGL MECXANICAL FIECIRIG! Usnisuni Q OTHER fSPECifTI:
Ca ullant Nam Sigma.: Prim: Nems, Dale
Add,eys:
ARCNITEC7URAl USIMUMUM MFClL6NIGIL FIECfRIGI UsuEsERvicEs OTIfFA —(SPECIFY):
Con"IanlName: Sfgnawm: Pant Narre: Oele:.
Lim
FASO Slardab $mVEndorsad by OAA. PEO ave 0— coding OR ''els ASSaciatl n
By-law 2005-128, 20 June, 2005; Schedule 'D'.
KITCHENER 710.35 DECEMBER 2017
Page 61 of 132
BUILDING PERMITS AND FEES
Schedule `E' - Demolition Agreement
1
Note: This agreement must be received, in completed form,
by the Building Division in order for the plan review to start.
Fax (519) 741-2775 or in person.
KITCCR
DEMOLITION AGREEMENT
CITY OF KITCHENER
BUILDING DIVISION
By -Law #.
"Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall.
a) be accompanied by a plan to confirm compliance with all zoning regulations and a
detailed Grading and Drainage Control Plan including siltation, erosion control and tree
protection measures to be approved by the Chief Building Official or the Director of
Engineering (and the Regional Municipality of Waterloo or the Ministry of Transportation,
if applicable), prior to the commencement of any site grading or demolition.
b) be accompanied by satisfactory proof that arrangements, financial or otherwise have
been made, to the satisfaction of the Director of Engineering, for the removal of any
redundant service connections and driveways and for the installation of all new service
connections (if applicable).
C) contain the agreement of the applicant to comply with the standards for demolition as set
outbelow.,
i. Remove sidewalks and driveways from the site
ii. Remove all construction debris and rubble from the site
iii. Remove foundation walls to a minimum of two feet below finished grade
iv. Back fill and compact site to finished grade with non-organic material
V. Cover site with topsoil to a minimum depth of four inches with sod or seed
vi. Grade in accordance with approved grading and drainage control plan as
described in Schedule "C°.
The applicant and/or Owner shall agree to comply with the standards for the demolition as set out above:
Applicant's Name
Owner's Signature
By-law 2005-128, 20 June, 2005; Schedule 'E'.
KITCHENER
710.36
Date
Date
DECEMBER 2017
Page 62 of 132
BUILDING PERMITS AND FEES
Schedule `F' - Model Homes
The Model Home shall be constructed as follows:
(a) No model home shall be constructed further than 150 metres (492 feet) from an
in-service fire hydrant;
(b) For the purposes of establishing the location of the lot lines, the model home shall
be built within the lot defined by the draft approved plan of subdivision within which
it is located, and as if these lots were defined by a registered plan of subdivision;
(c) The model home shall be constructed in accordance with the site plan approved
by the City's Director of Planning, Chief Building Official and Director of
Engineering;
(d) That the model home shall be constructed consistent with the engineering
drawings and grading and servicing requirements for the proposed plan of
subdivision as approved by the Director of Engineering;
(e) That the maximum number of model homes that may be constructed on the lands
is the number that is 10% if the total number of proposed units in the stage/phase
rounded up to the nearest whole number, but in no event shall there be more than
10 model homes constructed within the lands;
(f) To arrange and comply with the mandatory building and plumbing inspections
required by the City of Kitchener;
(g) To provide and maintain unobstructed access for fire department and emergency
response vehicles to all buildings constructed under this agreement at all times,
from the time construction first commences. The access route shall have a
minimum width of 6 metres (19.6 feet), a centre turning radius of 12 metres (39.3
feet), and capable of supporting fire department vehicles.
By-law 2005-128, 20 June, 2005; Schedule 'F'.
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BUILDING PERMITS AND FEES
Schedule `G' - Acknowledgment by Applicant of an Incomplete Application
ACKNOWLEDGEMENT BY APPLICANT OF AN INCOMPLETE APPLICATION
Pursuant to Sentence 2.4.2.1.1B (5) of the Building Code
Part A
A prescreening of the application to
(describe work)
at
(location of work)
the following items are missing:
reveals that the application is incomplete in that
As such, the application is not entitled to the processing time periods prescribed in Column 3
Of Table 2.4.1.1 B of the Building Code.
The City of Kitchener will however accept the incomplete application for processing if the
Acknowledgement below is completed.
Part B
name
acknowledge that my application to at
(describe work) (location of work)
does not meet the requirements of 2.4.1.18 (5) of the Building Code and therefore is not
entitled to the time periods prescribed in Column 3 of Table 2.4.1.1 B of the Building Code.
Notwithstanding the above, I wish to have the application accepted for processing and
understand that a permit cannot be issued until all the information is submitted and reviewed
for compliance.
I have authority to bind the corporation or partnership (if applicable).
(Date) - (Signature of Applicant)
By-law 2005-128, 20 June. 2005; Schedule 'G'.
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BUILDING PERMITS AND FEES
Schedule `H' - Permit Rebate
A rebate of a portion of the permit fee based on the following amounts is eligible, upon
confirmation of the final building inspection and grading certification (if applicable) within
one year of occupancy (calculated using 270 seasonal days). Projects that are subject
torte Site Plan Approval (under Section 41 forthe Planning Act), will not be required
to fulfill the final b ioldORn ; eGtO R shall tr;aaer the refui.dd rather Thor. final grading
component.
(a) New construction of single family,
$500/permit
duplex, semi-detached, townhouse and
triplex dwelling units
(b) New construction and additions to
$10/$1000 of Construction Value
multi -residential, commercial, industrial
max. $5000
and institutional projects
(c) Additions/alterations to single
$250/permit
family, duplex, semi-detached, townhouse
and triplex dwelling units
(d) Alterations/interior finish permits to
$1000/permit
multi -residential, commercial, industrial
and institutional projects
By-law 2005-128, 20 June, 2005; Schedule 'H'.
KITCHENER 710.39 DECEMBER 2017
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BUILDING PERMITS AND FEES
Schedule `I' - Code of Conduct for Building Officials
PURPOSE
The following are the purposes of this Code of Conduct:
1. To promote appropriate standards of behaviour and enforcement actions by the
Chief Building Official and Inspectors in the exercise of a power or the performance
of a duty under the Building Code Act or the Building Code.
2. To prevent practices, which may constitute an abuse of power, by the Chief
Building Official and Inspectors in the exercise of a power or the performance of a
duty under the Building Code Act or the Building Code.
3. To promote appropriate standards of honesty and integrity in the exercise of a
power or the performance of a duty under the Building Code Act or the Building
Code by the Chief Building Official and Inspectors.
ENFORCEMENT GUIDELINES
Compliance with this code of conduct shall constitute a condition of employment as a
Chief Building Official or Inspector appointed under the Building Code Act. Any appointed
Chief Building Official or Inspector who fails to act in accordance with the provisions of
this Code may be subject to disciplinary action appropriate to the seriousness of the
breach. All allegations concerning a breach of this Code 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. In response to any allegation
of a breach of this Code, the Chief Building Official shall direct an investigation and where
appropriate, recommend disciplinary action against any Building Official who fails to
comply with this Code of Conduct.
Where the allegation concerns the actions of the Chief Building Official, Council will direct
the investigation and make such recommendations as are reasonable.
In determining the appropriate discipline, the Chief Building Official or Council will have
regard to the relevance of the conduct to the Building Official's powers and responsibilities
as well as the severity of any misconduct.
Disciplinary action arising from violations of this Code of Conduct is the responsibility of
Kitchener's administration and is subject to relevant collective agreements, employment
laws and standards.
CODE OF CONDUCT
In exercising powers and performing duties under the Building Code Act, the Chief
Building Official and Inspectors shall:
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BUILDING PERMITS AND FEES
1. Exercise powers in accordance with the provisions of the Building Code Act, the
Ontario Building Code and other applicable law that governs the authorization,
construction, occupancy and safety of buildings and designated structures, and
the actions, duties and qualifications of Chief Building Officials and Inspectors;
2. Act to identify and enforce compliance where significant contraventions of the Act
or regulations are known to exist;
3. Apply all relevant building laws, regulations and standards in a consistent and fair
manner, independent of any influence by interested parties;
4. Not accept any personal benefit which may create a conflict with their duties; or
perform duties where a personal interest may create a conflict;
5. Obtain the counsel of persons with expertise where the Chief Building Official or
Inspector does not possess sufficient knowledge to make an informed judgment;
and
6. Act honestly, reasonably and professionally in the discharge of their duties.
By-law 2005-128, 20 June, 2005; Schedule T.
Schedule `J' -Appointments: Building Officials
The Chief Building Official, Deputy Chief Building Official and Inspectors are appointed
by the City in Chapter 101 of The City of Kitchener Municipal Code, as amended-
KITCHENER 710.41 DECEMBER 2017
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BUILDING PERMITS AND FEES
BY-LAW NUMBER 2023 -XXX
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 710 of the City of
Kitchener Municipal Code)
WHEREAS section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23 as
amended, empowers Council to pass certain by-laws;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts
as follows:
710.1.1 Citation
Article 1
SHORT TITLE
Article 2
INTERPRETATION
710.2.2
Act - defined
710.2.3
Applicant - defined
710.2.4
Architect - defined
710.2.5
As constructed plans - defined
710.2.6
Building Code - defined
710.2.7
Building Official - defined
710.2.8
Chief Building Official - defined
710.2.9
City - defined
710.2.10
Construct - defined
710.2.11
Construction site - defined
710.2.12
Demolish - defined
710.2.13
Inspector - defined
710.2.14
Model home - defined
710.2.15
Permit - defined
710.2.16
Permit holder - defined
KITCHENER 710.1 OCTOBER 2023
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BUILDING PERMITS AND FEES
710.2.17
Person - defined
710.2.18
Professional engineer or engineer - defined
710.2.19
Registered Code Agency - defined
710.2.20
Sewage system - defined
710.2.21
Work - defined
710.2.22
Words - terms - not specifically defined
Article 3
PERMITS
710.3.1
Classes - set out - Schedule `A'
710.3.2
Application
- in writing -form - Chief Building Official
710.3.3
Application information
- set out - based on type
710.3.4
Application
- construction permit - information
710.3.5
Application
- demolition permit - information required
710.3.6
Application
- conditional permit - information
710.3.7
Application
- model home permit - information
710.3.8
Application
- change of use - information required
710.3.9
Application
- sewage permit - information required
710.3.10
Application
- transfer permit - information required
710.3.11
Application
- partial permit - information
710.3.12
Partial permit
issued - not approval of whole project
710.3.13
Expiry of application
- six months - work abandoned
Article 4
PLANS AND SPECIFICATIONS
710.4.1
Sufficient information provided - to ensure compliance
710.4.2
Electronic Application - Schedule `B'
710.4.3
Plans - drawn to scale - requirement
710.4.4
Site plan - referenced to survey - information required
710.4.5
Surveyor's certificate - approved before framing
710.4.6
Building completion - plans - survey - requirement
710.4.7
Plans - specifications - furnished to City - ownership
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BUILDING PERMITS AND FEES
Article 5
REGISTERED CODE AGENCIES
710.5.1 Agreement - Chief Building Official - authorization
710.5.2 Specified functions - types permitted
Article 6
FEES AND REFUNDS
710.6.1 Determination - by Chief Building Official
710.6.2 Commencement - prior to permit issue — additional fee
710.6.3 Refund - application withdrawn abandoned - other
710.6.4 Rebate - final inspection - terms - Schedule `E'
Article 7
TRANSFERS OF PERMITS
710.7.1 Application - form - requirements
710.7.2 Fee - payable - upon application
710.7.3 Transfer complete - new owner - responsibility
Article 8
REVOCATION OF PERMITS
710.8.1 Revocation - notice of - deadline
710.8.2 Deferral of revocation - request - in writing - deadline
Article 9
NOTICE REQUIREMENTS FOR INSPECTION
710.9.1 Stages of construction - prior to occupancy
710.9.2 Stages of construction - additional notices - required
710.9.3 Notice not effective - until confirmed
710.9.4 Inspection - upon notification
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BUILDING PERMITS AND FEES
Article 10
FENCES AT CONSTRUCTION AND DEMOLITION SITES
710.10.1 Required - Chief Building Official - Inspector
710.10.2 Height - other characteristics - consideration
710.10.3 Area fully enclosed - maintained in good repair - height
r`191111111ifi
710.13.1
Schedule `A'
Schedule `B'
Schedule `C'
Schedule `D'
Schedule `E'
Schedule `F'
Schedule `G'
Validity
Article 11
SEVERABILITY
Article 12
ENFORCEMENT
Fine - for contravention
By-law - previous
Article 13
REPEAL
SCHEDULE
- Classes of Permits and Fees
- Drawings, Specifications and Documents Required for Construction,
Demolition, and Change of Use Permits
- Demolition Agreement
- Model Homes
- Permit Rebate
- Code of Conduct for Building Officials
-Appointments- Building Officials
Article 1
SHORT TITLE
710.1.1 Citation
This Chapter may be referred to as the Building By-law.
KITCHENER 710.4 OCTOBER 2023
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BUILDING PERMITS AND FEES
Article 2
INTERPRETATION
710.2.2 Act - defined
"Act" means the Building Code Act, 1992, S.O. 1992, c.23, as amended.
710.2.3 Applicant - defined
"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.
710.2.4 Architect - defined
"architect" means the holder of a license, certificate of practice or a temporary licence
issued under the Architects Act as defined in the Building Code.
710.2.5 As constructed plans - defined
"as constructed plans" are defined in the Building Code as construction plans and
specifications that show the building and the location of the building on the property as
the building has been constructed.
710.2.6 Building Code - defined
"Building Code" means the regulations made under section 34 of the Act.
710.2.7 Building Official - defined
"Building Official" means a Chief Building Official, Deputy Building Official or Inspector
appointed by the City.
710.2.8 Chief Building Official - defined
"Chief Building Official" means a Chief Building Official appointed by by-law by the City
for the purposes of enforcement of the Act and shall include a designate where not
prohibited by law.
710.2.9 City - defined
"City" means The Corporation of the City of Kitchener.
710.2.10 Construct - defined
"construct" means construct as defined in subsection 1(1) of the Act.
710.2.11 Construction site - defined
"construction site" means any construction site in respect of which a building permit has
been issued for construction of a new building within or adjacent to a residential zone
except where the site is within a registered plan of subdivision when that subdivision is
being developed for the first time.
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BUILDING PERMITS AND FEES
710.2.12 Demolish - defined
"demolish" means demolish as defined in subsection 1(1) of the Act.
710.2.13 Inspector - defined
"Inspector" means an Inspector appointed by by-law by the City for the purposes of
enforcement of the Act.
710.2.14 Model home - defined
"model home" means a new uninhabited single detached dwelling, semi-detached
dwelling or street townhouse unit which is constructed to the requirements and provisions
of the zoning category in which the model is proposed and is situated on lands in a draft
approved plan of subdivision, with or without service connections, for the purpose of
display and sale of the dwelling units to the general public.
710.2.15 Permit - defined
"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.
710.2.16 Permit holder - defined
"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.
710.2.17 Person - defined
"person" includes a corporation and a partnership and the heirs, executors, administrators
and other legal representatives of a person to whom the context can apply according to
law.
710.2.18 Professional engineer or engineer - defined
"professional engineer" or "engineer" means a person who holds a licence or temporary
licence under the Professional Engineers Act, as defined in the Building Code.
710.2.19 Registered Code Agency - defined
"registered code agency" means a registered code agency as defined in subsection 1(1)
of the Act.
710.2.20 Sewage system - defined
"sewage system" means a sewage system as defined in subsection 1(1) of the Act.
VA[11VIPAweMt=I - 01
"work" means construction or demolition of a building or part thereof, as the case may be.
710.2.22 Words - terms - not specifically defined
Any word or term not defined in this Chapter that is defined in the Act or Building Code
shall have the meaning ascribed to it in the Act or the Building Code unless inconsistent
with the context thereof.
KITCHENER 710.6 OCTOBER 2023
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BUILDING PERMITS AND FEES
Article 3
PERMITS
710.3.1 Classes - set out - Schedule `A'
The classes of permits set out in Schedule `A' are hereby established.
710.3.2 Application - in writing - form - Chief Building Official
To obtain a permit, the owner or an agent authorized in writing by the owner shall file an
application in writing by completing the prescribed form by the Ministry of Municipal Affairs
and Housing under subsection 8(1.1) of the Building Code Act, 1992
710.3.3 Application information - set out - based on type
Every application for a permit shall be submitted to the Chief Building Official, and contain
the following information set out in Sections 710.3.4 through 710.3.11 inclusive.
710.3.4 Application - construction permit - information
Where application is made for a construction permit under subsection 8(1) of the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish;" and
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5) of the Building Code and as described in this Chapter
for the work to be covered by the permit; and
(c) include completed general review form
710.3.5 Application - demolition permit - information required
Where application is made for a demolition permit under subsection 8(1) of the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish"; and
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5)of the Building Code and as described in this Chapter
for the work to be covered by the permit; and
(c) include completed form as set out in Schedule `C' where applicable, and
(d) include:
(i) proof satisfactory to the Chief Building Official, that arrangements have been
made with the proper authorities for the cutting off and plugging of all services;
(ii) a damage deposit in such an amount as set out in the City's fees by-law existing
at the time the damage deposit is required, prescribed by the Director of
Engineering to ensure that any damage to the sidewalk, curb and gutter,
boulevard or road right of way will be reinstated to his/her satisfaction.
710.3.6 Application - conditional permit - information
Where application is made for a conditional permit under subsection 8(3) of the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
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BUILDING PERMITS AND FEES
Demolish";
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5) of the Building Code and as described in this Chapter
for the work to be covered by the permit.
(c) state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
(d) state the necessary approvals which must be obtained in respect of the proposed
building and the time in which such approvals will be obtained; and
(e) state the time in which plans and specifications of the complete building will be
filed with the Chief Building Official.
710.3.7 Application - model home permit - information
Where an application has been made for a model home permit, the application shall:
(a) use provincial application form, "Application for a Permit to Construct or Demolish";
(b) include complete plans and specifications, documents and other information as
required by Div. C 1.3.1.3(5) of the Building Code and as described in this Chapter
for the work to be covered by the permit;
(c) include a certified cheque or Letter of Credit for 10% of the construction value of
the model(s) being constructed;
(d) include a site plan indicating the following:
(i) location and treatment of driveway access and parking;
(ii) temporary storm drainage, grading, siltation and erosion control measures if
necessary, until grading is completed in accordance with the requirements of
the Director of Engineering;
(iii) location and treatment of pedestrian access to the site;
(iv) location and treatment of emergency vehicle access;
(v) proposed landscaping, fencing and signage;
(vi)hydro facilities,
(e) confirm compliance with conditions in Schedule `D'.
710.3.8 Application - change of use - information required
Where application is made for a change of use permit issued under subsection 10(1) of
the Act the application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish;"
(b) describe the building in which the occupancy is to be changed, by a description
that will readily identify and locate the building;
(c) identify and describe in detail the current and proposed occupancies of the building
or part of a building for which the application is made;
(d) 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;
KITCHENER 710.8 OCTOBER 2023
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BUILDING PERMITS AND FEES
(e) be accompanied by the required fee;
(f) state the name, address and telephone number of the owner;
(g) be signed by the owner or his/her authorized agent who shall certify the truth of
the contents of the application.
710.3.9 Application - sewage permit - information required
Where application is made for a sewage permit issued under subsection 8(1) of the Act,
the application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish";
(b) include complete plans and specifications, documents and other information as
required under Div. C 1.3.1.3(5)of the Building Code and as described in this
Chapter for the work to be covered by the permit;
(c) include a site evaluation which shall include all of the following items, unless
otherwise specified by the Chief Building Official:
(i) include the date the evaluation was done;
(ii) include name, address, telephone number and signature of the person who
prepared the evaluation; and
(iii) include a scaled site plan showing:
• the legal description, lot size, property dimensions, existing rights-of-
way, easements or municipal / utility corridors;
• the location and clearances 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;
• the location of the proposed sewage system;
• the location of any unsuitable, disturbed or compacted areas;
• proposed access routes for system maintenance;
• depth to bedrock;
• depth to zones of soil saturation;
• soil properties, including soil permeability; and
• soil conditions, including the potential for flooding.
710.3.10 Application - transfer permit - information required
Where application is made for a transfer of permit because of a change of ownership of
the land, as permitted under clause 7(1)(h) of the Act, the application shall:
(a) use the Transfer of Permit Ownership (as amended and published on the City of
Kitchener official webpage);
(b) provide the names and addresses of the previous and new land owner;
(c) provide the date that the land ownership change took place;
(d) describe the permit that is being transferred.
710.3.11 Application - partial permit - information
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:
(a) application shall be made and all applicable fees associated with the scope of the
partial permit paid; and
(b) complete plans and specifications covering the portion of the work for which
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BUILDING PERMITS AND FEES
immediate approval is desired shall be filed with the Chief Building Official
710.3.12 Partial permit issued - not approval of whole project
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.
710.3.13 Expiry of application - six months - work abandoned
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.
Article 4
PLANS AND SPECIFICATIONS
710.4.1 Sufficient information provided - to ensure compliance
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.
710.4.2 Electronic Application - Schedule `B'
Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by a complete electronic set of the plans and specifications as described in
this Chapter and Schedule `B'.
710.4.3 Plans - drawn to scale - requirement
Plans shall be drawn to an appropriate scale so the plans are legible (min. 1:75 or
3/16"=1') as approved by the Chief Building Official.
710.4.4 Site plan - referenced to survey - information required
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
shall be submitted to the Chief Building Official. Site plans shall show:
(a) lot size and the dimensions of property lines and setbacks to any existing or
proposed buildings with complete legal description;
(b) existing and finished ground levels or grades; and
(c) existing rights-of-way, easements, rail lines within 30m and municipal services.
710.4.5 Surveyor's certificate - approved before framing
A surveyor's certificate, prepared by a registered Ontario Land Surveyor, shall be
submitted and approved prior to commencement of
portion, and shall show the location of the foundation
buildings, and for single family, semi-detached, duplex,
elevations shall be given for the top of foundation(s).
KITCHENER
710.10
the framing of the above grade
or foundations on the lot for the
triplex, four-plex, and row house,
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710.4.6 Building completion - plans - survey - requirement
On completion of the construction of a building, the Chief Building Official may require a
set of as constructed plans, including a plan of survey showing the location of the building.
710.4.7 Plans - specifications - furnished to City - ownership
Plans and specifications furnished according to this Chapter or otherwise required by the
Act become the property of the City to be kept or disposed of at the City's discretion.
Article 5
REGISTERED CODE AGENCIES
710.5.1 Agreement - Chief Building Official - authorization
Where the Corporation enters into an agreement with a registered code agency, the Chief
Building Official is authorized to appoint registered code agencies to perform specified
functions in respect of the construction of a building or a class of buildings from time to
time in order to maintain the time periods for permits prescribed in Table 1.3.1.3. of
Division C of the Building Code.
710.5.2 Specified functions - types permitted
The registered code agency may be appointed to perform one or more of the specified
functions described in section 15.15 of the Act.
Article 6
FEES AND REFUNDS
710.6.1 Determination - by Chief Building Official
The Chief Building Official shall determine the required fees for the work proposed
calculated in accordance with Schedule `A' and the applicant shall pay such fees.
Pursuant to the City of Kitchener Annual User Fee Schedule, the Act and the Building
Code, as amended, permit fees will be approved by Council.
710.6.2 Commencement - prior to permit issue - additional fee
In a case where any person has commenced construction, demolition or changes to the
use of a building before having received a permit and an order to comply has been issued,
in addition to any other penalty under the Act, Building Code, or this Chapter the permit
fee shall be increased to 200% of the regular permit fee. Notwithstanding this, the permit
fee shall in no case be increased by more than $5,000 above the regular permit fee. The
increase to the permit fee is to allow the City to recover costs or some of the costs of the
additional work and enforcement necessitated due to the premature start of the work.
710.6.3 Refund - application withdrawn abandoned - other
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 permit fees that may be refunded to the
applicant, if any, in accordance with Schedule `A'.
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710.6.4 Rebate - final inspection - terms - Schedule `E'
A rebate of a portion of the building permit fee will be made upon satisfactory confirmation
that the required final inspection and grading certification, if applicable, have been
completed in accordance with the terms and conditions as set out in Schedule `E'.
Article 7
TRANSFERS OF PERMITS
710.7.1 Application - form - requirements
A permit may be transferred if the new land owner completes the permit application form
in accordance with the requirements of Article 3 of this Chapter.
710.7.2 Fee - payable - upon application
A fee shall be payable on an application for a transfer of permit as provided in Schedule
W.
710.7.3 Transfer complete - new owner - responsibility
The new owner shall, upon a transfer of a permit, be the permit holder for the purpose of
the Act and the Building Code.
Article 8
REVOCATION OF PERMITS
710.8.1 Revocation - notice of - deadline
Prior to revoking a permit under subsection 8(10) of the Act, the Chief Building Official
may serve a notice by personal service or registered mail at the last known address to
the permit holder.
710.8.2 Deferral of revocation - request - in writing - deadline
A permit holder may within seven days from the date of service of a notice under this
Article, request in writing the Chief Building Official to 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.
Article 9
NOTICE REQUIREMENTS FOR INSPECTION
710.9.1 Stages of construction - prior to occupancy
Every 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 notice is required under
Div. C 1.3.5.1(2) of the Building Code. In addition, every 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 Div. C 1.3.3.3. of the Building Code are complied with.
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BUILDING PERMITS AND FEES
710.9.2 Stages of construction - additional notices - required
Every permit holder shall also give notice of the following stages of construction in addition
to the notices prescribed by the Ontario Building Code:
(a) commencement of construction of:
(i) masonry fireplaces and masonry chimneys,
(ii) factory -built fireplaces and allied chimneys,
(iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied
chimneys,
(b) substantial completion of interior finishes; and/or
(c) substantial completion of heating, ventilating, air conditioning and air contaminant
extraction equipment.
710.9.3 Notice not effective - until confirmed
A notice pursuant to this Article is not effective until notice is actually received by the Chief
Building Official or the registered code agency and the permit holder receives
confirmation issued by the City or the registered code agency.
710.9.4 Inspection - upon notification
Upon receipt of proper 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 Div. C 1.3.5.3. of the Building Code and section
11 of the Act.
Article 10
FENCES AT CONSTRUCTION AND DEMOLITION SITES
710.10.1 Required - Chief Building Official - Inspector
Where, in the opinion of the Chief Building Official or Inspector, a construction or
demolition site presents a hazard to the public, the Chief Building Official or Inspector
may require the owner to erect such fences as the Chief Building Official or Inspector
deems appropriate to the circumstances.
710.10.2 Height - other characteristics - consideration
In considering the hazard presented by the construction or demolition site, the necessity
for fences and the height and characteristics of such fences, the Chief Building Official or
Inspector shall have regard for:
(a) the proximity of the building site to other buildings;
(b) the proximity of the construction or demolition site to lands accessible to the public;
(c) the hazards presented by the construction or demolition activities and materials;
(d) the feasibility and effectiveness of site fences; and
(e) the duration of the hazard.
710.10.3 Area fully enclosed - maintained in good repair - height
Every fence required by this Article shall:
(a) be erected so as to fully enclose all areas of the site which present a hazard;
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BUILDING PERMITS AND FEES
(b) create a continuous barrier and be sufficient to deter unauthorized entry,-
(c)
ntry;(c) have a height not less than 1.2 metres (4 feet) above grade at any point, unless
the Chief Building Official or Inspector determines that a greater minimum height
is necessary;
(d) if constructed of plastic mesh, snow fencing or other similar materials, be securely
fastened at 200 mm (7.8 inches) on centre (o.c.) to vertical posts not more than
1.2 metres (4 feet) apart; and horizontal members or a minimum 11 gauge cable
at the top and bottom; and
(e) be maintained in a vertical plane and in good repair.
Article 11
SEVERABILITY
710.11.1 Validity
It is hereby declared that each and every of the foregoing sections of this Chapter is
severable and that, if any provisions of this Chapter should for any reason be declared
invalid by any court, it is the intention and desire of Council that each and every of the
then remaining provisions hereof shall remain in full force and effect.
Article 12
ENFORCEMENT
710.12.1 Fine - for contravention
Every person who contravenes any provision of this Chapter is guilty of an offence and
on conviction is liable to a fine as provided in section 36 of the Act, as amended.
Article 13
REPEAL
710.13.1 By-law - previous
By-laws 2005-128, 2007-18, 2007-220, 2008-196, 2009-162, 2011-173, 2012-165, 2013-
159, 2014-148, 2015-135, 2016-122, 2017-130, 2018-130, 2019-140, 2021-104, 2022-
005 and their contents of the previous Chapter 710 of the City of Kitchener Municipal
Code are hereby repealed and replaced on the date that this By-law comes into force.
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BUILDING PERMITS AND FEES
THEREFORE BE IT RESOVED That the Clerk of the City if hereby directed to make this
by-law part of the City of Kitchener Municipal Code by added it to the Concordance and
arranging and numbering it as Chapter 710 so as to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
KITCHENER 710.15 OCTOBER 2023
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BUILDING PERMITS AND FEES
SCHEDULE
Schedule `A' - Classes of Permits and Fees
1. Calculation of Permit Fees
Permit fees shall be calculated based on the formula given below, unless otherwise
specified in referenced schedule:
Permit Fee (rounded to the nearest dollar) = SI x A
where
SI = Service Index for Classification of the work proposed and,
A = floor area in ft2 of work involved
2. Minimum Permit Fee
A minimum fee shall be charged for all work, unless otherwise indicated.
3. Class of Permits
New Buildings, Additions, Mezzanines
Group A: Assembly (finished) -per ft2
Assembly (shell)- per ft2
Outdoor public pool
Group B: Institutional (finished) -per ft2
Institutional (shell) -per ft2
Group C: Residential:
Single family, Semi, Row, Townhouse, Duplex -per ft2
Garage/Carport (per bay)
Shed or porch
Deck or pool
Apartment building -per ft2
Hotels/Motels-per ft2
Residential care facility -per ft2
Group D: Business & personal services:
Office buildings (shell) -per ft2
Office buildings (finished) -per ft2
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Group E: Mercantile:
Retail stores (shell) -per ft2
Retail stores (finished) -per ft2
Group F: Industrial:
Warehouse, factories (shell) -per ft2
Warehouse, factories (finished) -per ft2
Interior finishing of warehouse or factory areas only -per ft2
Parking garage -per ft2
Farm building -per ft2
Foundation
Conditional Permit -per ft2 of footprint (Min. $711.00)
Interior finishes to previously unfinished area (including finishing of residential basements and
major renovations) - all classifications -per ft2
New roof structure -per ft2
Parking garage renovations -per ft2
Minor Alterations
Single partitions, washrooms, new entry, new demising wall, canopies
Special Categories
Air supported structures -per ft2
Temporary tents (per site and event)
Temporary stages or demountable support structures (per site per event)
Temporary buildings
Portables/per site (excluding port-a-pak)
Outdoor Patio
Demolitions (minimum of $163) -per ft2
Change of use
Minor demolition (up to SDD)
Miscellaneous
Ext. barrier free ramp
Fireplace/woodstove (each)
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BUILDING PERMITS AND FEES
Retaining wall (per linear foot)
Balcony guard (replace per linear foot)
Balcony repairs/balcony
Shoring & underpinning (per linear foot)
Ceiling (new or replace) -per ft2
Facade improvement
Reclad wall -per ft2
All designated structures (except retaining walls, public pools & signs)
Solar Collector; low rise residential
Solar Collector; all other application types
Elevator/escalator/lift
Fire retrofit (per storey)
Mechanical Work - Work independent of building permit:
HVAC Permit (residential per suite)
HVAC Permit (non -residential) -per ft2
Sprinkler system (minimum $163) -per ft2
Commercial kitchen, spray booth, dust collectors
Standpipe and hose system (retrofit)
Electrical Work - Work independent of building permit:
Fire alarm system & electrical work (min. $163) -per ft2
Electromagnetic locks (each) & hold open devices
Emergency lighting (per storey)
Plumbing Work - Work independent of building permit:
Plumbing permit (per fixture min. fee $95.00)
Disconnect plumbing from septic
Connect to storm or sewer
Catch basins/manholes/roof drains (each)
Building/site services (per linear foot)
Sewage System
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BUILDING PERMITS AND FEES
Installation of a new sewage system
Major repair
Minor repair
Examine revised plans (minimum $106) -per ft2
Minimum permit fee (unless otherwise noted)
Transfer permit
Permit to occupy unfinished building
Special Inspection Fee per hour (i.e., weeknight, weekend)
Special Research Request/Written Request per hour
Extra Fees
New construction Single Family, Duplex, Semi-detached, Townhouse & Triplex Dwelling
Units/permit
New construction and additions to Multi -residential, Commercial, Industrial & Institutional
Projects/1,000. CV max. $5,000
Additions/alterations to Single Family, Duplex, Semi-detached, Townhouse & Triplex Dwelling
Units/permit
Alterations/interior finish permits to Multi -residential, Commercial, Industrial & Institutional
Projects/permit
Additional Dwelling Unit (ADU) Addressing Sign
Building Reports/Stats Can Reports (per month)
Subscriptions (Building Reports/Stats Can) (Annual)
Property Surveys - Records FOI
Administration Fee
Staff Time/15 min.
File View (street file), cost/severed page
Photocopies (Black & White) - per copy
Request for Environmental records
Grading Certificate/Sewage System Maintenance Letter
Coloured Photocopies - per copy
4. Miscellaneous — Charges
For classes of permits not described or included in this schedule, a reasonable permit fee
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BUILDING PERMITS AND FEES
(1% of the construction value) shall be determined by the Chief Building Official using the
most current version of the Wellington Waterloo Region Chief Building Officials
Committee Construction Values Chart (as amended and published on the City of
Kitchener's official website).
5. Refunds
Pursuant to Article 5 of this Chapter, the fees that may be refunded shall be a percentage
of the fees payable under this Chapter, calculated by the Chief Building Official as follows:
(a) 80% if administrative functions only have been performed;
(b) 70% if administrative and zoning functions only have been performed;
(c) 45% if administrative, zoning and plan examination functions have been
performed;
(d) 35% if the permit has been issued and no field inspections have been performed
subsequent to permit issuance;
(e) 5% shall additionally be deducted for each such field inspection that has been
performed after the permit has been issued
(f) No refund shall be in an amount less than $25.
6. Interpretation
The following explanatory notes are to be observed in the calculation of permit fees:
• Floor area of the proposed work is to be measured to the outer face of exterior
walls and to the centre line of party walls or demising walls. (excluding residential
garages).
• In the case of interior alterations of renovations, area of proposed work is the actual
space receiving the work (eg. tenant space).
• Mechanical penthouses and floors, mezzanines, lofts, habitable attics, and interior
balconies are to be included in all floor area calculations.
• Except for interconnected floor spaces, no deductions are made for openings
within the floor area (eg. stairs, elevators, escalators, shafts, ducts, etc.).
• Unfinished basements for single detached dwellings (including semis, duplexes,
and townhouses etc.) are not included in the floor area.
• Attached garages and fireplaces are included in the permit fee for single detached
dwellings, attached dwellings, semis, duplexes and townhouses.
• Where interior alterations and renovations require relocation of sprinkler heads or
fire alarm components, no additional charge is applicable.
• Ceilings are included in both new shell and finished (partitioned) buildings. The
Service Index for ceiling applies only when alterations occur in
Minor alterations to existing ceilings to accommodate
improvements are not chargeable.
KITCHENER
710.20
existing buildings.
lighting or HVAC
OCTOBER 2023
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BUILDING PERMITS AND FEES
• Where demolition of partitions or alteration to existing ceilings is a part of an
alteration or renovations permit, no additional charge is applicable.
• Corridors, lobbies, washrooms, lounges, etc. are to be included and classified
according to the major classification for the floor area on which they are located.
• The occupancy categories in the Schedule correspond with the major occupancy
classifications in the Ontario Building Code. For mixed occupancy floor areas, the
Service Index for each of the applicable occupancy categories may be used,
except where an occupancy category is less than 10% of the floor area.
• For Rack Storage use apply the square footage charge for industrial for the
building.
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Schedule `B' - Drawings, Specifications and
Documents Required For Construction, Demolition,
and Change of Use Permits
1.0 A digital file of the following list of drawings, specifications and documents that are
required to be submitted (the Chief Building Official many require other information that
is not listed below from time to time) in order for the various types of Building Permit
Applications listed to be considered a complete application pursuant to section 2.4 of the
Building Code Act, 1992, as amended:
(a) Demolition (Full or partial)
(i) Demolition prepared by a professional engineer where deemed necessary
by the Chief Building Official (OBC Part 2).
(ii) Site/grading/site servicing plans must be prepared by a professional
engineer (P.Eng.), certified engineering technologist(CET) or Ontario land
surveyor (OLS) illustrating both pre and post grades including surface
treatments and siltation/erosion control measures.
(iii) Site plan must locate all existing building(s) and delineate the building(s) to
be demolished including the last known use of building and list the floor area
for each floor including all mezzanine(s) and basement.
(iv) Complete demolition agreement (see Schedule `C').
(b) On-site Sewage System
(i) Site Evaluation Report prepared by a professional engineer including soil
permeability, and soil conditions, including the potential for flooding (Refer
to section 2.5 for complete content of report).
(ii) Site plan and grading/drainage plan(s).
(iii) Sewage system design and drawings (prepared by a professional
engineer).
(iv) Schedule 2 from Ministry of Municipal Affairs and Housing
(c) Residential Deck or Porch Permit
(i) Site plan (property survey)
(ii) Floor plan (framing)
(iii) Elevation(s)
(iv) Section or detail of guard
(d) Residential Accessory Buildings
(i) Site Plan (property survey)
(ii) Foundation plan / Eng. Floor Slab
(iii) Floor Plan (one per floor & include framing)
(iv) Building Elevations (four)
(v) Building Section (min. 1)
(e) Swimming Pools
(i) Site Plan (note on plan fence type and location plus pool size and setback
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from property lines)
(f) Residential Addition or Renovation Permit
(i) Site Plan (property survey)
(ii) Foundation plan
(iii) Floor Plan (one per floor including framing)
(iv) Building Elevations (min. 3)
(v) Building Section (min. 1)
(vi) On -Site Sewage System Evaluation where applicable
(g) New Residential House or Semi -Detached
(i) Site Plan
(ii) Approved Lot Grading and Drainage Plan
(iii) TARION (ONHWP) Registration Form
(iv) Where applicable a complete On -Site Sewage System
(v) Floor Plan (one per floor)
(vi) Floor and Roof Framing Plans
(vii) Building Elevations (4)
(viii) Building Section (min. 1)
(ix) Mechanical Ventilation Form
Permit Application
(x) Heat Loss / Heat Gain Calculations and Furnace make /model
(xi) Deed; when lot is created via severance
(h) New Residential Townhouse or Tri-Plex
(i) Approved Site Development Plan (Section 41, Planning Act) and
Agreement, if applicable
(ii) Site Plan (as required by section 710.4.4 of this By-law)
(iii) Building Code Matrix
(iv) Floor Plan (one per floor)
(v) Floor and Roof Framing Plans
(vi) Building Elevations (4)
(vii) Building Section (min. 1)
(viii) Mechanical Ventilation Form
(ix) Heat Loss / Heat Gain Calculations and Furnace make /model
(x) Energy Efficiency Design Summary
(xi) Fire wall details, if applicable
(i) New Residential Apartment Building
(i) Approved Site Development Plan (Section 41, Planning Act) and
Agreement, if applicable
(ii) Geotechnical Investigation Report
(iii) Site Plan
(iv) Grading and Site Servicing Plan
(v) Floor Plan (one per floor)
(vi) Foundation Plan & Details (include de -watering & shoring where applicable)
(vii) Floor, Framing and Roof Structural Plans
KITCHENER
710.23
OCTOBER 2023
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(viii) Building Elevations
(ix) Building Sections
(x) Window & Door/Hardware Schedules
(xi) Room Finish Schedules
(xii) Mechanical Drawings (plumbing and HVAC)
(xiii) Electrical Drawings (lighting, fire alarm system)
(xiv) Sprinkler Shop Drawings, if applicable
(xv) Standpipe Shop Drawings, if applicable
(j) New Non -Residential Building or Addition (Part 3 or 9 Building)
(i) Approved Site Development Plan (Section 41, Planning Act) and
Agreement, if applicable
(ii) Geotechnical Investigation Report (unless, in the case of an addition it is
waived by the Chief Building Official)
(iii) Site Plan
(iv) Grading / Site Servicing Plan(s)
(v) Floor Plan (one per floor)
(vi) Foundation, Floor, Framing and Roof Plans
(vii) Building Elevations
(viii) Building Section (min. 1)
(ix) Window Schedule
(x) Door and Hardware Schedule
(xi) Details
(xii) Mechanical Plans (plumbing & HVAC)
(xiii) Electrical Plans (general lighting, emergency/exit lighting, and fire alarm
system)
(xiv) Automatic Sprinkler and Standpipe Drawings where applicable
(xv) On -Site Sewage System Evaluation; if applicable
(k) Non -Residential Renovation (Part 3 or 9 Building)
(i)
Site Plan or Key Plan
(ii)
Floor Plan(s)
(iii)
Door and Hardware Schedule
(iv)
Building Elevations if exterior work proposed
(v)
Building Section if exterior work proposed
Where applicable
(vi)
Structural Plans
(vii)
Mechanical Plans (plumbing & HVAC)
(viii)
Electrical Plans (lighting, fire alarm system)
(1) Designated Structures
The following plans shall be prepared and stamped by a
(i) Site Plan
(ii) Grading Plan where applicable
(iii) Floor Plan and where applicable a Roof Plan
(iv) Elevations where applicable
KITCHENER
710.24
Professional Engineer:
OCTOBER 2023
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(v) Sections and Detail where applicable
(m)Commercial Exhaust Hood (NFPA 96)
(i) Floor Plan
(ii) Mechanical Plan, Details and Section
(n) Electro -Magnetic Locking Devices
(i) Floor Plan
(ii) Electrical Plan, Details of inter -face with fire alarm system
(o) Plumbing or Backflow Prevention Device
(i) Plumbing Floor Plan
(ii) Where applicable a company letter describing proposed work
(p) Flammable Spray Operations
(i) Mechanical Plans
(ii) Electrical Plans
(iii) Flammable liquid quantity, type and storage plans
(q) Demountable Stages and Demountable Support Structures
(i) Site Plan
(ii) Structural plans stamped and signed by a professional engineer, for
stage(s) and/all support structures, including framing and anchorage
details
(iii) Elevation drawing
(iv) Stage floor plan/layout and details, applicable to stages only
2.0 Unless specified by the Chief Building Official the following information shall be
shown on plans or working drawings that accompany applications for permits:
2.1 The Site Plan shall show:
(a) survey property boundaries and dimensions, all building lines, bearings of metes
and bounds and compass orientation (legal description);
(b) 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, condominium corporation lines and buildings;
(c) relation of buildings and finished grade to existing elevations and storm water
drainage control plan on site where applicable;
(d) all existing and proposed parking layout, retaining walls, swimming pools
accessory buildings and any other such physical additions necessary to the site.
2.2 The Grading Plan and Site Servicing Plan(s) shall show:
(a) For the purposes of this section, "Grading Consultant" includes:
(i) the Consultant responsible for the approved grading control plan;
(ii) an Ontario Land Surveyor; or
(iii) a Registered Professional Engineer;
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(b) The Grading Consultant shall develop a site plan showing the existing and
proposed grades, expanding the grades and elevations where necessary, for the
proposed building on a particular lot, infill lot, or block. This scheme must fit the
intentions of the approved grading plan with its established grades. For lots and
blocks and in the case of its surrounding lots, or the submitted proposal will be
rejected.
(c) The Grading Consultant shall review the site plan and be responsible for its
approval, stamping it accordingly. Only such stamped plans shall be submitted or
accepted for building permits.
(d) When the final rough grading has been completed, the builder shall obtain a
certificate signed by the Grading Consultant certifying conformity with the
approved grading scheme. Said certificate shall be submitted to the Building
Division.
(e) General information must be noted with regard to the disposal of surface storm
water run-off either by a storm water management scheme where required or, into
existing on -street storm drain facilities via proposed underground storm drainage
systems or on -grade swales, ditches, catch basins, and so on. Give pipe diameters
and slopes.
(f) Location and elevations of controlling benchmark or survey monument.
(g) Indication of all property conditions within 6.1 metres (20 feet) of the subject
property boundaries, showing any pertinent features that effect or will effect the
drainage of the subject property or surrounding property.
(h) The property lines, building location, sidewalks, driveways, curb cuts, swales, all
utility services and new/existing service connections.
(i) Location of storm water catchment area, catch basins, below grade and above
grade utilities and connections into services at property line.
(j) Lot Grading
(k) All gradients and slopes shall be in conformance with current version of the City of
Kitchener Engineering Development Manual (as amended) and published on the
City of Kitchener's official website
(1) All submissions for residential developments containing 4-10 units shall be in
conformance with City of Kitchener Engineering Development Manual - Appendix
E — Site Plan Engineering Guidelines (as amended) and published on the City of
Kitchener's official website
2.3 The Architectural Drawings shall show:
(a) OBC matrix, foundation and grade details;
(b) Each floor plan with exact dimensions of the layout of all proposed areas and
identify each with room names;
(c) 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;
(d) Building elevations, cross sections and wall sections showing all floor to floor
heights, materials and thickness, etc.;
(e) Specifications where applicable.
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BUILDING PERMITS AND FEES
2.4 Structural Drawings shall show:
(a) All foundation, floor, roof and wall structural elements indicting sizes shapes and
proper location and all dead and live design loads and condition of loading;
(b) All reinforced concrete work indicting thickness and strength of concrete, size
spacing minimum cover and type of reinforcing steel;
(c) All lintels, column and beam locations and their size and snow drift loading;
(d) Where applicable de -watering report and shoring or pile driving;
(e) Guard designs; where applicable.
2.5 The Mechanical and Electrical Drawings shall show:
(a) 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;
(b) 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;
(c) Sprinkler and Standpipe drawings are to include floor plans and riser diagrams to
locate the entire system including connections, sprinkler heads.
2.6 The On -Site Sewage System Report shall include the following:
(a) The name, mailing address and telephone/fax numbers of the person who
prepared the report and the system installer;
(b) The date the evaluation was completed;
(c) The provincial sewage system installer's licence number, date of issuance, and the
name of the qualified person supervising the work to be done under the permit;
(d) A scaled map of the site showing;
(i) legal description, lot size, property dimensions, existing rights-of-way,
easements or municipal/utility corridors
(ii) the locations of items listed in Column 1 of Tables 8.2.1.6.A, 8.2.1.6.B and
8.2.1.6.0 of the Building Code
(iii) the location of the proposed sewage system
(iv) the location of any unsuitable, disturbed or compacted areas, and
(v) the proposed access routes for system maintenance
(e) soil investigation including;
(i) depth to bedrock
(ii) depth to zones of soil saturation
(iii) soil properties and permeability
(iv) potential for flooding.
2.7 The following supporting documentation shall accompany applications for a permit
unless otherwise waived by the Chief Building Official:
(a) Real Property Report (Survey Plan) prepared by an Ontario Land Surveyor;
(b) Driveway access permit approved by the authority having jurisdiction as may be
applicable;
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BUILDING PERMITS AND FEES
(c) Approval by the Ministry of Environment for the design and construction of a private
sewage disposal and water supply systems as may be applicable;
(d) Where applicable approvals by the Ontario Ministries of Labour, Energy & Natural
Resources, Industry & Tourism, Environment, the Ontario Liquor Control Board,
Ontario Fire Marshall's Office, the Grand River Conservation Authority;
(e) Such other approvals as may be required to demonstrate compliance with
applicable law.
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Schedule `C' — Demolition Agreement
Demolition Agreement Form
City of Kitchener, Building Division
200 King St W, 5T" fl.
Kitchener ON N2G 4G7
i--_____JRJLJLJL�_
ucHETER Office: 51 tchen2312
'I' Building Email: building@kichener.ca
Project address:
By -Law #
Where application is made for demolition permit under subsection 8(1) of the Act, the
application shall:
a) be accompanied by a plan to confirm compliance with all zoning regulations and a
detailed Grading and Drainage Control plan including siltation, erosion control and tree
protection measures to be approved by the Chief Building Official or the Director of
Engineering (and the Regional Municipality of Waterloo or the Ministry of Transportation,
if applicable), prior to the commencement of any site grading or demolition.
b) be accompanied by satisfactory proof that arrangements, financial or otherwise have
been made, to the satisfaction of the Director of Engineering, for the removal of any
redundant service connections and driveways and for the installation of all new service
connections (if applicable).
c) contain the agreement of the applicant to comply with the standards for demolition as set
out below:
i. Remove sidewalks and driveways from the site
ii. Remove all construction debris and rubble from the site
iii. Remove foundation walls to a minimum of two feet below finished grade
iv. Back fill and compact site to finished grade with non-organic material
V. Cover site with topsoil to a minimum depth of four inches with sod or seed
vi. Grade in accordance with approved grading and drainage control plan as described in
Schedule `B'
vii. Remove all site services (water, sanitary and storm) internal to the site
The applicant and/or owner shall agree to comply with the standards for the demolition as set
out above:
Applicant's Name:
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Date:
Owner's Signature:
Date:
Ontario Regulation 278/05 made under the Occupational Health and Safety Act.
The owner herby acknowledges its responsibilities before requesting tenders or arranging work
under Section 10 of Ontario Regulation 278/05, and that the Ministry of Labour has been
notified, or will be notified as the case may be.
Note: This agreement must be completed in order for the plan review to begin. Email the
completed form to building(a)kitchener.ca
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Schedule `D' - Model Homes
The Model Home shall be constructed as follows:
(a) No model home shall be constructed further than 150 metres (492 feet) from an
in-service fire hydrant;
(b) For the purposes of establishing the location of the lot lines, the model home shall
be built within the lot defined by the draft approved plan of subdivision within which
it is located, and as if these lots were defined by a registered plan of subdivision;
(c) The model home shall be constructed in accordance with the site plan approved
by the City's Director of Planning, Chief Building Official and Director of
Engineering;
(d) That the model home shall be constructed consistent with the engineering
drawings and grading and servicing requirements for the proposed plan of
subdivision as approved by the Director of Engineering;
(e) That the maximum number of model homes that may be constructed on the lands
is the number that is 10% if the total number of proposed units in the stage/phase
rounded up to the nearest whole number, but in no event shall there be more than
10 model homes constructed within the lands;
(f) To arrange and comply with the mandatory building and plumbing inspections
required by the City of Kitchener;
(g) To provide and maintain unobstructed access for fire department and emergency
response vehicles to all buildings constructed under this agreement at all times,
from the time construction first commences. The access route shall have a
minimum width of 6 metres (19.6 feet), a centre turning radius of 12 metres (39.3
feet), and capable of supporting fire department vehicles.
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Schedule `E' - Permit Rebate
A rebate of a portion of the permit fee based on the following amounts is eligible, upon
confirmation of the final building inspection and grading certification (if applicable) within
one year of occupancy (calculated using 270 seasonal days). Projects that are subject
to Site Plan Approval (under Section 41 for the Planning Act), will not be required to fulfill
the final grading component.
(a) New construction of single family,
$500/permit
duplex, semi-detached, townhouse and
triplex dwelling units
(b) New construction and additions to
$10/$1000 of Construction Value
multi -residential, commercial, industrial
max. $5000
and institutional projects
(c) Additions/alterations to single
$250/permit
family, duplex, semi-detached, townhouse
and triplex dwelling units
(d) Alterations/interior finish permits to
$1000/permit
multi -residential, commercial, industrial
and institutional projects
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Schedule `F' - Code of Conduct for Building Officials
PURPOSE
The following are the purposes of this Code of Conduct:
1. To promote appropriate standards of behaviour and enforcement actions by the
Chief Building Official and Inspectors in the exercise of a power or the performance
of a duty under the Building Code Act or the Building Code.
2. To prevent practices, which may constitute an abuse of power, by the Chief
Building Official and Inspectors in the exercise of a power or the performance of a
duty under the Building Code Act or the Building Code.
3. To promote appropriate standards of honesty and integrity in the exercise of a
power or the performance of a duty under the Building Code Act or the Building
Code by the Chief Building Official and Inspectors.
ENFORCEMENT GUIDELINES
Compliance with this code of conduct shall constitute a condition of employment as a
Chief Building Official or Inspector appointed under the Building Code Act. Any appointed
Chief Building Official or Inspector who fails to act in accordance with the provisions of
this Code may be subject to disciplinary action appropriate to the seriousness of the
breach. All allegations concerning a breach of this Code 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. In response to any allegation
of a breach of this Code, the Chief Building Official shall direct an investigation and where
appropriate, recommend disciplinary action against any Building Official who fails to
comply with this Code of Conduct.
Where the allegation concerns the actions of the Chief Building Official, Council will direct
the investigation and make such recommendations as are reasonable.
In determining the appropriate discipline, the Chief Building Official or Council will have
regard to the relevance of the conduct to the Building Official's powers and responsibilities
as well as the severity of any misconduct.
Disciplinary action arising from violations of this Code of Conduct is the responsibility of
Kitchener's administration and is subject to relevant collective agreements, employment
laws and standards.
CODE OF CONDUCT
In exercising powers and performing duties under the Building Code Act, the Chief
Building Official and Inspectors shall:
1. Exercise powers in accordance with the provisions of the Building Code Act, the
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Ontario Building Code and other applicable law that governs the authorization,
construction, occupancy and safety of buildings and designated structures, and
the actions, duties and qualifications of Chief Building Officials and Inspectors;
2. Act to identify and enforce compliance where significant contraventions of the Act
or regulations are known to exist;
3. Apply all relevant building laws, regulations and standards in a consistent and fair
manner, independent of any influence by interested parties;
4. Not accept any personal benefit which may create a conflict with their duties; or
perform duties where a personal interest may create a conflict;
5. Obtain the counsel of persons with expertise where the Chief Building Official or
Inspector does not possess sufficient knowledge to make an informed judgment;
and
6. Act honestly, reasonably and professionally in the discharge of their duties.
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Schedule `G' - Appointments: Building Officials
The Chief Building Official, Deputy Chief Building Official and Inspectors are appointed
by the City in Chapter 101 of The City of Kitchener Municipal Code, as amended.
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