HomeMy WebLinkAboutChapter 710 - Building Permits and FeesKITCHENER 710.1 JULY 2023
PROTECTION
Chapter 710
BUILDING PERMITS AND FEES
Article 1
SHORT TITLE
710.1.1 Citation
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
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
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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 occupancy - unfinished building
710.3.12 Application incomplete - acknowledgment form
710.3.13 Application - 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 Application - two sets 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
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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
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Article 11
SEVERABILITY
710.11.1 Validity
Article 12
ENFORCEMENT
710.12.1 Fine - for contravention
Article 13
REPEAL
710.13.1 By-law - previous
710.13.2 Application received prior to February 1, 2007
SCHEDULE
Schedule ‘A’ - Classes of Permits and Fees
Schedule ‘B’ - Application For A Permit, Partial Occupancy, Transfer of Permit And
Change of Use
Schedule ‘C’ - Drawings, Specifications and Documents Required For Construction,
Demolition, and Change of Use Permits
Schedule ‘D’ - General Review Form
Schedule ‘E’ - Demolition Agreement
Schedule ‘F’ - Model Homes
Schedule ‘G’ - Acknowledgment by Applicant of an Incomplete Application
Schedule ‘H’ - Permit Rebate
Schedule ‘I’ - Code of Conduct for Building Officials
Schedule ‘J’ - Appointments: Building Officials
Article 1
SHORT TITLE
710.1.1 Citation
This Chapter may be referred to as the Building By-law.
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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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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.
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.
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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 available from the Chief Building
Official or from the City’s website. Application forms prescribed by the City under clause
7(f) of the Act are set out in Schedule ‘B’.
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 Article 2.4.1.1B 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 as set out in Schedule ‘D’ where applicable.
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 Article 2.4.1.1B and Sentence 2.4.1.1(2) 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 ‘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.
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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 Article 2.4.1.1B 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 Article 2.4.1.1B 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 ‘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 in Schedule ‘B’;
(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
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KITCHENER 710.9 JULY 2023
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.
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 Article 2.4.1.1B 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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710.3.11 Application occupancy - unfinished building
Where application is made for occupancy of an unfinished building as provided for in
Article 2.4.3.1 of the Building Code, the application shall:
(a) use the prescribed form in Schedule ‘B’; and
(b) describe the part of the building for which occupancy is requested.
710.3.12 Application incomplete - acknowledgment form
Where an application is found to be incomplete and does not comply with Sentence
2.4.1.1B (5) of the Building Code, the application may be accepted for processing if the
applicant acknowledges same and completes the form as set out in Schedule ‘G’.
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; and
(c) where a partial permit is requested the full building or project application is deemed
to be incomplete as described in Section 710.3.12.
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 Application - two sets of plans - form - Schedule ‘C’
Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by two complete sets of the plans and specifications as described in this
Chapter and Schedule ‘C’.
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710.4.3 Plans - drawn to scale - requirement
Plans shall be drawn to scale (min. 1:75 or 3/16"=1’) on paper, electronic media approved
by the City or other durable material and shall be legible.
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 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 subsection 2.4.1 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.
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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.
710.6.2 Commencement - prior to permit issue - penalty
In a case where any person has commenced construction, demolition or changes to the
use of a building before having submitted an application for a permit or before having
received a permit, 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’.
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.
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KITCHENER 710.13 JULY 2023
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 following a thirty day period from the date of service the Chief
Building Official may revoke the permit if grounds to revoke still exist, without any further
notice.
710.8.2 Deferral of revocation - request - in writing - deadline
A permit holder may within thirty 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
Article 2.4.5.1 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 subsection 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.
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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 Article 2.4.5.3 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;
(b) create a continuous barrier and be sufficient to deter unauthorized entry;
(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.
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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-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.
710.13.2 Application received prior to February 1, 2007
Notwithstanding Article 12, for any complete application accompanied by full payment
received prior to February 1, 2007, the permit fee shall be calculated in accordance with
Article 6 and Schedule ‘A’ - Classes of Permits and Fees of this Chapter. By-law 2007-
018, 29 January, 2007.
By-law No. 87-340, By-law No. 88-158, By-law No. 88-228, By-law No. 94-31, By-law
No. 94-195, By-law No. 95-97, By-law No. 95-177, By-law No. 97-4, By-law No. 98-41,
By-law No. 98-72, By-law No. 2001-242, By-law No. 2003-129, By-law No. 2005-128,
By-law No. 2007-18, By-law No. 2007-220, By-law No. 2008-196, By-law No. 2009-162,
By-law No. 2011-173, By-law No. 2012-165, By-law No. By-law No. 2013-159, By-law
No. 2014-148, By-law No. 2015-135, By-law No. 2016-122, By-law No. 2017-130, By-
law No. 2018-130, By-law No. 2019-140, By-law No. 2021-104, By-law No. 2022-005,
By-law No. 2022-132.
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KITCHENER 710.16 JULY 2023
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 this 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 of $100.00 shall be charged for all work, unless otherwise indicated.
3. Classes of Permits and Fees
A. CONSTRUCTION - NEW BUILDINGS, ADDITIONS, MEZZANINES
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
Group A (Assembly Occupancies)
Assembly (finished) $2.07
Assembly (shell) $1.82
Outdoor patio (per application) $162.00
Outdoor public pool (per application) $711.00
Group B (Institutional Occupancies)
Institutional (finished) $2.21
Institutional (shell) $1.94
Group C (Residential Occupancies)
Single detached, Semi, Townhouse, Duplex $1.07
Garage/Carport (per bay) $95.00
Shed or Porch (per application) $95.00
Deck or Pool (per application) $95.00
Apartment Building $1.07
Hotels/Motels $1.76
Residential Care Facility $1.24
Group D (Business & Personal Service Occupancies)
Office Buildings (shell) $1.49
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KITCHENER 710.17 JULY 2023
Office Buildings (finished) $1.76
Group E (Mercantile Occupancies)
Retail Stores (shell) $0.98
Retail Stores (finished) $1.23
Group F (Industrial Occupancies)
Warehouse, factories (shell) $0.59
Warehouse, factories (finished) $0.70
Interior finishing of warehouse or factories area only-per ft2 $0.14
Parking garage $0.65
Other
Farm Building $0.34
Foundation or Conditional Permit $0.14
B. STAND ALONE & MISCELLANEOUS WORK
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
Interior finishes (including finishing of residential
basements and major renovations) - All classifications
$0.37
New roof structure $0.22
Parking garage renovations $0.08
Single partitions, washrooms, new entry, new demising wall, canopies (per application) $163.00
Air supported structures $0.40
Temporary tents (per site and event) $163.00
Temporary buildings (per application) $163.00
Portables/per site (excluding port-a-pak) $163.00
Demolitions (Min. $163.00) $0.03
Change of use $163.00
Minor demolition up to and including a Single Detached Dwelling (per application) $95.00
Barrier Free Ramp (per application) $64.00
Fireplace/woodstove (each) $95.00
Retaining wall (per linear foot) $2.74
Balcony guard (replace per linear foot) $0.56
Balcony repairs (per balcony) $12.65
Shoring & Underpinning (per linear foot) $3.04
Ceiling (new or replace) $0.05
Façade improvement (per application) $163.00
Reclad Wall $0.07
All designated structures per OBC Div A 1.3.1.1. (except retaining walls, public pools & signs)
(per application) $291.00
Solar Collector (low rise residential) (per application) $95.00
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KITCHENER 710.18 JULY 2023
Solar Collector (all other application types) (per application) $291.00
Elevator/Escalator/Lift (per application) $291.00
Fire Retrofit (per storey) $95.00
C. MECHANICAL – Work independent of building permit
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
HVAC Permit (residential per suite) $95.00
HVAC Permit (non-residential) $0.11
(Fire)Sprinkler system (Min.$181.00) $0.05
Commercial kitchen, spray booth, dust collectors (per application) $163.00
Standpipe and Hose system (retrofit) (per application) $95.00
D. ELECTRICAL – Work independent of building permit
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
Fire alarm system & electrical work (Min. $163.00) $0.05
Electromagnetic locks and Hold Open Devices (per lock or device) $39.00
Emergency Lighting (per storey) $95.00
E. PLUMBING – Work independent of building permit
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
Plumbing permit (per fixture min. fee $95.00) $11.00
Disconnect plumbing from septic $95.00
Connect to storm or sewer $95.00
Catch basins/manholes/roof drains (each) $11.00
Building/site services (per linear foot) $0.59
Backflow Prevention Device (per device) $100.31
F. ON-SITE SEWAGE SYSTEM
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
Installation of a new system $462.00
Major repair
$231.00
Minor repair $95.00
G. OTHER FEES
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
Examine revised plans (Min.$106.00) $0.20
Minimum Permit Fee (for all permit applications) $95.00
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KITCHENER 710.19 JULY 2023
Transfer of Permit (change of ownership) $95.00
Permit to occupy unfinished building $95.00
Special Inspection Fee after hours (per hour) $184.00
Special research requests of Building Division microfilm & plans record (per hour or part
thereof and includes requests for written information)
$56.00
Reports -Building/ Stats Can reports (per month) $5.13
Subscriptions –Building/ Stats Can reports (per year) $28.43
Property Surveys $12.50
Administration Fee $5.00
Staff Time/15 min. $7.50
File View (street file), cost/severed page $1.00
Photocopies (per copy) $0.18
Request for Environmental Records $181.50
Grading Certificate/Sewage System Maintenance Letter $20.00
Coloured Photocopies (per copy) $0.66
H. EXTRA FEES
SERVICE INDEX
(SI)
$/sq.ft. unless
otherwise indicated
New construction of single family, duplex, semi-detached, townhouse and triplex dwelling
units (per permit) $500
New construction and additions to multi-residential, commercial, industrial and institutional
projects
$10/$1000
construction value
maximum permit fee of
$5000
Additions/alterations to single family, duplex, semi-detached, townhouse and triplex dwelling
units (per permit) $250
Alterations/interior finish permits to multi-residential, commercial, industrial and institutional
projects (per permit) $1000
Fees effective January 1, 2023. By-law 2022-132, 19 December, 2022
4. Miscellaneous – Charges
For classes of permits not described or included in this schedule, a reasonable permit fee
shall be determined by the Chief Building Official.
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
BUILDING PERMITS AND FEES
KITCHENER 710.20 JULY 2023
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 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.
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KITCHENER 710.21 JULY 2023
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; By-law No.
2018-130, 17 December 2018; Schedule ‘A’; By-law 2019-140, 16 December, 2019;
Subsection ‘H’; By-law 2021-104, 13 December, 2021; By-law 2022-005, 24 January,
2022; By-law 2022-131, 19 December 2022.
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KITCHENER 710.22 JULY 2023
Schedule ‘B’ – Application For A Permit,
Partial Occupancy, Transfer of Permit
And Change of Use
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KITCHENER 710.23 JULY 2023
Schedule ‘C’ - Drawings, Specifications and
Documents Required For Construction, Demolition,
and Change of Use Permits
1.0 Two sets/copies of the following list of drawings, specifications and documents are
required to be submitted 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).
(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
from property lines)
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KITCHENER 710.24 JULY 2023
(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
(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 (2 copies)
(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
(viii) Building Elevations
(ix) Building Sections
(x) Window & Door/Hardware Schedules
(xi) Room Finish Schedules
(xii) Mechanical Drawings (plumbing and HVAC)
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KITCHENER 710.25 JULY 2023
(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 (2 copies)
(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)
(l) Designated Structures
The following plans shall be prepared and stamped by a Professional Engineer:
(i) Site Plan
(ii) Grading Plan where applicable
(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
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KITCHENER 710.26 JULY 2023
(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;
(iii) a Registered Professional Engineer; and
(iv) a Certified Engineering Technologist.
(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
BUILDING PERMITS AND FEES
KITCHENER 710.27 JULY 2023
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
GRADIENTS AND SLOPES
Driveways Optimum Gradient 4%
Maximum Cross Slope 6%
Minimum Cross Slope
(where gradient less than
2%
2%
Maximum Gradient 10%
Walkways Maximum Gradient and
Cross Slope
6%
Minimum Cross Slope
(Where Gradient is less
than 2%)
2%
Paved Utility Area Optimum Slope 1%
Maximum Slope 6%
Minimum Slope 0.5%
From House to Side Lot
Lines
Minimum Slope (Always
away from house)
2%
Optimum Slope 4%
Elsewhere on the Site Optimum Gradient 4%
Minimum Gradient 2%
Swale should not be over 90 metres (295feet) in length without catch basin and storm
drain.
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;
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KITCHENER 710.28 JULY 2023
(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
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.C 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
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KITCHENER 710.29 JULY 2023
(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’.
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KITCHENER 710.30 JULY 2023
Schedule ‘D’ - General Review Form
By-law 2005-128, 20 June, 2005; Schedule ‘D’.
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KITCHENER 710.31 JULY 2023
Schedule ‘E’ - Demolition Agreement
By-law 2005-128, 20 June, 2005; Schedule ‘E’.
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KITCHENER 710.32 JULY 2023
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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KITCHENER 710.33 JULY 2023
Schedule ‘G’ - Acknowledgment by Applicant of an Incomplete Application
By-law 2005-128, 20 June. 2005; Schedule ‘G’.
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KITCHENER 710.34 JULY 2023
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.
(a) New construction of single family,
duplex, semi-detached, townhouse and
triplex dwelling units
$500/permit
(b) New construction and additions to
multi-residential, commercial, industrial
and institutional projects
$10/$1000 of Construction Value
max. $5000
(c) Additions/alterations to single
family, duplex, semi-detached, townhouse
and triplex dwelling units
$250/permit
(d) Alterations/interior finish permits to
multi-residential, commercial, industrial
and institutional projects
$1000/permit
By-law 2005-128, 20 June, 2005; Schedule ‘H’.
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KITCHENER 710.35 JULY 2023
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:
1. Exercise powers in accordance with the provisions of the Building Code Act, the
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KITCHENER 710.36 JULY 2023
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 ‘I’.
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.
By-law 2005-128, 20 June, 2005; Schedule ‘J’.