2025-29 - Building By-law

This By-Law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS Section 3 (1) of the Building Code Act, 1992, S.O. 1992 c.23 as amended, provides that the Council of each municipality is responsible for the enforcement of this Act in the municipality;

AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992 c.23 as amended, empowers council to pass certain By-laws respecting permits for construction, demolition, change of use, conditional permits, on-site sewage systems and respecting inspections and the establishing and charging of permit fees and other related matters;

AND WHEREAS Section 391 of the Municipal Act authorized a municipality to pass By-laws to impose fees or charges on persons for services provided, done by, or on behalf of the municipality;

AND WHEREAS pursuant to Section 425 (1) of the Municipal Act, a municipality may pass By-laws providing that a person who contravenes a By-law of the municipality passed under this Act is guilty of an offence.

NOW THEREFORE the Council of the Corporation of the Township of Southwold hereby enacts as follows:

Table of Contents

1. SHORT TITLE
2. DEFINITIONS
3. CLASSES OF PERMITS
4. REQUIREMENTS FOR PERMIT APPLICATIONS
5. PLANS AND SPECIFICATIONS
6. BUILDING CERTIFICATION
7. WITHDRAWING AN INACTIVE PERMIT APPLICATION
8. REVOCATION OF PERMITS
9. REVISIONS TO APPLICATIONS AND PERMITS
10. TRANSFER OF PERMITS
11. ALTERNATIVE SOLUTIONS
12. OCCUPANCY PERMIT
13. FEES AND REFUNDS
14. DEPOSITS
15. RECOVERY OF FEES
16. FENCING OF CONSTRUCTION AND DEMOLITIONS SITES
17. NOTICES AND REQUIRED INSPECTIONS
18. REMOTE INSPECTIONS
19. REGISTERED CODE AGENCIES
20. AS-CONSTRUCTED PLANS
21. OTHER BY-LAWS, LICENCES, PERMITS AND REGULATIONS
22. USE OF ELECTRONIC TECHNOLOGIES
23. CODE OF CONDUCT
24. OFFENCES AND ENFORCEMENT
25. AUTHORITY TO REVISE FORMS
26. VALIDITY AND SEVERABILITY
27. REPEAL
28. EFFECTIVE DATE
SCHEDULE "A" - LIST OF PLANS OR WORKING DRAWINGS TO ACCOMPANY APPLICATIONS FOR PERMITS
SCHEUDLE "B" - TRANSFER OF PERMIT APPLICATION
SCHEDULE "C" - REFUNDS
SCHEDULE "D" - PERMIT DEPOSIT FORFEITURE ACKNOWLEDGEMENT FORM
SCHEDULE "E" - EXAMPLE OF NOTICE SERVED TO PERMIT HOLDER AND PROPERTY OWNER OF FORFEITURE OF DEPOSIT

1. SHORT TITLE

1.1 This By-law may be referred to as the "Building By-law".

2. DEFINITIONS

In addition to terms defined elsewhere in this By-law, the following terms have the following meanings under this By-law, including its Schedules:

2.1 "Act" means the Building Code Act, 1992, S.O. 1992, Chapter 23 as amended, including amendments thereto.

2.2 "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.

2.3 "As Constructed Plans" means as constructed plans as defined in the Building Code.

2.4 "Building" means a building as defined in Section 1(1) of the Act.

2.5 "Building Area" means the greatest horizontal area of a building within the outside surface of the exterior walls.

2.6 "Building Code" means the Regulations made under Section 34 of the Act.

2.7 "Chief Building Official"  or "CBO" means the Chief Building Official appointed by the By-law of the Corporation of the Township of Southwold for the purposes of the enforcement of the Act.

2.8 "Corporation" means the Corporation of the Township of Southwold.

2.9 "Farm Building" means a farm building as defined in Division A, 1.4.1.3(1) of the Ontario Building Code.

2.10 "Inspector" means  Building Inspector, Deputy Chief Building Official and Chief Building Official, appointed by By-law of the Township of Southwold for the purposes of enforcement of the Act.

2.11 "Municipality" means the Township of Southwold

2.12 "Officer" means a By-law Enforcement Officer, Chief Building Official or Deputy Chief Building Official as appointed or authorized by the Council of the Township to enforce this By-law and/or any "provincial offences officer" as defined in the Provincial Offences Act.

2.13 "Ontario Building Code" or "OBC" means the regulations made under Section 34 of the Act.

2.14 "Owner" is a Person and means the registered owner(s) of the land or anyone acting under the authorization or direction of the registered owner(s).

2.15 "Permit" means written permission or written authorization from the Chief Building Official to perform work regulated by the By-law and the Act.

2.16 "Person" includes:
a. natural individuals and their heirs, executors, administrators, agents, successors, and representatives; and
b. corporations, partnerships, other forms of business associations and their respective officers, employees, agents, successors, consultants, assignees and representatives.

2.17 "Plumbing" means plumbing as defined in Section 1(1) of the Act.

2.18 "Remote Inspection" means conducting of an inspection, by an Inspector by viewing information provided from a third party rather than personally attending a construction site.

2.19 "Sewage System" means a sewage system as defined in the Building Code.

2.20 "Special Inspection" means an inspection that is requested and carried out not in connection with a permit, at the discretion of the Chief Building Official. This also includes inspections requested on permits that are more than 12 months old that were issued under a previous version of the Building Code.

2.21 "Surface Drainage" means the requirements set out in subsection 9.12.6.1(1) of the Building Code, as amended or replaced.

2.22 "Swimming Pool" means a privately owned outdoor swimming pool as defined in Section 2 of the Fences By-law No. 2019-77 as amended.

2.23 "Township" means the Township of Southwold.

2.24 Any word or term not defined in this By-law, that is defined in the Act or Building Code, shall have the meaning ascribed to it in the Act or the Building Code and any word or term not defined by this By-law, the Act or the Building Code shall have the meaning that is normally associated with it.

3. CLASSES OF PERMITS

The following classes of permits exist within the Township:

3.1 Building Permit - The permit is generally used for all types of new construction governed by the Building Code, including (but not limited to) addition, renovation, farm buildings and signs.

3.2 Demolition Permit - This permit governs both type and method of demolition under the Building Code.

3.3 Conditional Permit - This permit may be issued at the discretion of the Chief Building Official to authorize any stage of construction, even though all of the requirements under Section 8(2) of the Act have not been met.

3.4 Change of Use Permit - This permit is used where a change in use resulting in an increase in hazard (as determined under the OBC) will take place, even though no construction is proposed.

3.5 Sewage System Permit - This permit is used for all sewage system applications, including new systems and repairs to existing sewage systems.

3.6 Swimming Pool/Pool Fence Permits - This permit governs the installation of swimming pools in order to confirm that pool location and fencing meet Section 3.37 of the Zoning By-law No. 2011-14 as amended and Part 6 of the Fences By-law No. 2019-77 as amended.

3.7 Sign Permit - This permit is a type of building permit to install a sign within the Township in accordance with the Act or the Building Code.

3.8 Tent Permit - This permit is a type of building permit to erect a tent as a temporary structure for an event or special occasion. A tent permit is required in order to verify zoning and fire related issues.

3.9 Plumbing Permit - This permit is a type of permit to install plumbing in a building where no other construction is occurring. This also includes permits for the installation of sanitary sewers and water lines.

4. REQUIREMENTS FOR PERMIT APPLICATIONS

4.1 No person shall construct or demolish or cause to be constructed or demolished a building or swimming pool, within the Township, unless a permit has been issued for the construction or demolition by the Chief Building Official.

4.2 To obtain a permit, the owner or an agent authorized by the owner shall submit the applicable prescribed permit class through an online electronic portal authorized by the Chief Building Official, unless otherwise authorized by the Chief Building Official, or file an application in writing by completing a prescribed form available at the Office of the Chief Building Official or from the Building Code website: www.obc.mah.gov.on.ca.

4.3 Notwithstanding any other provision in this By-law, for electronically submitted permit applications, all requirements as set out in this By-law shall be submitted electronically unless otherwise authorized by the Chief Building Official.

4.4 When filing an application, the owner and the applicant shall provide an email address for the purpose of receiving communication from the Chief Building Official regarding construction, demolition or change of use associated with the permit application or permit. The owner or authorized agent shall inform the Chief Building Official immediately in writing when the email address provided changes or becomes non-functional.

4.5 Where application is made for a Building Permit under Subsection 8(1) of the Act, the application shall:
a. Identify and describe, in detail, the work, the use and the occupancy to be covered by the permit for which application is made;
b. Identify and describe, in detail, the existing uses and the proposed use(s) for which the premises are intended;
c. Describe the land on which the work is to be done, by a description that will readily identify and locate the building lot;
d. Include a complete set of plans and specifications, as describe in Section 5 of this By-law, for the work to be covered by the permit and show the occupancy of all parts of the building;
e. State the valuation of the proposed work including materials and labour;
f. State the names, addresses and telephone numbers and email addresses of the owner and of the architect or engineer, where applicable, or another designer or contractor;
g. When Division C, Section 1.2.2 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on a form prescribed by the Chief Building Official, that an architect or professional engineer, or both, have been retained to carry out the general review of construction or demolition of the building;
h. When Division C, Section 1.2.2 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building;
i. Include, where applicable, the registration number of the builder or vendor as provided in the Ontario New Home Warranties Plan Act;
j. Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application;
k. Be accompanied by a completed Schedule One prescribed form (where applicable);
l. Be accompanied by a completed Energy Efficiency Design Summary form (where applicable);
m. Be accompanied by the required fees as determined by Section 13 of this By-law.

4.6 Where application is made for a Demolition Permit under subsection 8(1) of the Act, the application shall contain the information required by clauses 4.5 a to j (where applicable) and:
a. May be required to be accompanies by satisfactory proof that arrangements have been made with the proper authorities for the cutting off and plugging of water, sewer, electric, telephone or other utilities and services;
b. Be accompanied by evidence that the demolition will be overseen by qualified individuals when such is required by the Building Code;
c. Describe the method of demolition, including the methods of discarding waste material and location of where waste material is to be taken;
d. Be accompanied by the required fees as determined by Section 13 of this By-law.

4.7 Where application is made for a Conditional Permit under Subsection 8(3) of the Act, the application shall:
a. Be preceded by an application for a Building Permit as set out in clause 4.5 and filed with the Chief Building Official;
b. Contain such other information, plans and specifications concerning the complete project as the Chief Building Official may require;
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;
e. State the time in which plans and specifications of the complete building will be filed with the Chief Building Official;
f. Be accompanied by a Conditional Permit Agreement, authorized by clause 8(3)(c) of the Act, which must be signed by the owner or authorized agent who has the authority to bind the owner;
g. Be accompanied by a security deposit under the terms of the Conditional Permit Agreement;
h. Be accompanied by the required fees as determined by Section 13 of this By-law.

4.7.1 Consideration for a Conditional Permit is at the sole discretion of the Chief Building Official and, if considered, shall not be constructed to authorize construction beyond the scope for which conditional approval is given.

4.8 Where application is made for a Change of Use Permit under Subsection 10(1) of the Act, the application shall:
a. Describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building;
b. Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made;
c. Include plans and specifications which show 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 capabilities;
d. State the names, addresses and telephone numbers and email addresses of the owner;
e. Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application;
f. Be accompanied by the required fees as determined by Section 13 of this By-law.

4.9 Where application is made for a Sewage System Permit under Subsection 8(!) of the Act, the application shall contain the information required by clauses 4.5 a to j (where applicable) and:
a. Include the name, address, telephone number and Building Code Identification Number (B.C.I.N) of the person installing and designing the sewage system;
b. Contain a site evaluation, as described in the Building Code and a sewage system design, to be prepared by a qualified engineer. At the discretion of the Chief Building Official, this evaluation may be conducted by the homeowner or licensed sewage system contractor;
c. Be accompanied by a completed Schedule 2 prescribed form;
d. Be accompanied by the required fees as determined by Section 13 of this By-law.

4.10 Where application is made for a Swimming Pool/Swimming Pool Fence Permit the application shall contain the information required by clauses 4.5 a to j (where applicable) and:
a. Be accompanied by a Lot Grading Plan for locations as determined by the Chief Building Official, which shall be designed by an Ontario Land Surveyor. The Lot Grading Plan shall include the following:

i. Property Lines and street locations;
ii. Existing dwelling and any other structures on the property, including future structures that are known at the time the pool permit is applied for;
iii. Proposed swimming pool and any concrete decking location;
iv. Location of any swimming pool equipment;
v. The proposal will not adversely impact vegetation communities, wildlife habitat or fish habitat in the area;
vi. Any retaining wall or landscaping stones, rocks or the like used to retain earth or pool and the heights of such;
vii. The grading on the property to ensure that there will be no negative grading impacts of the subject or neighbouring properties. Compliance with the lot grading designed for the lot shall be maintained. The benchmark for this design shall be the top of foundation of the main dwelling on the property where the pool is proposed.

b. Be accompanied by the required fees as determined by Section 13 of this By-law.

4.11 A Final Lot Grading Certificate will be required to ensure the as built conditions meet those proposed.

 5. PLANS AND SPECIFICATION

5.1 Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether the proposed construction, demolition or change of use will conform to the Act, the Building Code, and any other applicable law.

5.2 After the issuance of a permit under the Act, notice of any material change to a plan, specification, document, or other information based on which the permit was issued shall not to be made without the written authorization of the Chief Building Official.

5.3 Plans shall be drawn to scale and submitted in PDF format, shall be legible and without limiting the generality of the foregoing, shall include such working drawings as set out in Schedule "A" attached to and forming part of this By-law, unless otherwise specified by the Chief Building Official.

5.4 Site plans shall be accurately drawn to scale, and if required by the Chief Building Official, to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of survey prepared by an Ontario Land Surveyor shall be submitted. Site Plans shall show:
a. Lot size and the dimensions of the property lines and setbacks to any existing or proposed buildings;
b. Existing and finished ground levels or grades, pattern of proposed drainage and swales;
c. Existing right-of-way, easements and municipal services;
d. Existing and proposed entrances to the lot, including driveways and parking areas;
e. Existing and proposed elevations of underside of footings, finished basement slab, top of foundation wall, and finished floor leveL;
f. The location and dimensions of all existing and proposed buildings and structures and their respective setbacks to property boundaries;
g. Existing and/or proposed septic systems with their respective setbacks to property boundaries, and setbacks to existing and/or proposed buildings where no municipal services are available.

5.5 Plans and specifications furnished according to this By-law or otherwise required by this Act become the property of the Township and will be disposed of or retained in accordance with relevant legislation.

6. BUILDING CERTIFICATION

6.1 The Chief Building Official may request that a professional engineer or an Ontario Land Surveyor, at the footing and/or foundation stage of construction of a structure, certify that the elevations and location of the building are in general conformity with the Building Code and the approved grading plan.

6.2 The Chief Building Official may request that a professional engineer or Ontario Land Surveyor, at completion of construction, certify that the final building and ground elevations are in general conformity with the approved plan.

7. WITHDRAWING AN INACTIVE PERMIT APPLICATION

7.1 A permit holder may request, in writing, that an application for permit be withdrawn prior to issuance of a permit.

7.2 Where an application for a permit remains incomplete or inactive for six (6) months from the date the application was received, the application may be deemed by the Chief Building Official as having been abandoned and the application may be cancelled.

7.3 Prior to cancelling the application, the Chief Building Official may serve a notice to the applicant by regular mail or electronic service to the address/email address indicated on the permit application form and following a thirty (30) day period from the date of service, the Chief Building Official may cancel the application without any further notice.

7.4 Where notice is served by electronic or mail service, the permit holder shall be deemed for all purposes to have been served with the notice on the fifth day after the day of delivery.

7.5 An owner may, within thirty (30) days from the date of service of a notice under this Part, request in writing that the Chief Building Official defer the cancellation by stating in writing the reasons why the application should not be cancelled.

7.6 The Chief Building Official, having regard to any changes in the Act, Building Code or other applicable law may allow the deferral, applicable to a period of no later than six (6) months from the date of the deferral.

7.7 All plans, specifications and documents submitted in support of an application for permit shall remain the property of the Township.

7.8 Upon cancellation of the application or in the event of withdrawal of the application by the owner, the Chief Building Official shall determine the amount of fees due by the applicant in accordance with Section 13 of this By-law in circumstances where permit fees have not yet been received by the Township.

8. REVOCATION OF PERMITS

8.1 The Chief Building Official reserves the right to revoke a permit under Subsection 8(1) of the Act.

8.2 Prior to revoking a permit in accordance with the Act, the Chief Building Official may serve a notice to the applicant by regular mail or electronic service to the address/email address indicated on the permit application form and, following a ten (10) day period from the date of service of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of.

8.3 Where notice is served by electronic or mail service, the permit holder shall be deemed for all purposes to have been served with the notice on the fifth day after the day of delivery.

8.4 The Chief Building Official may consider a written request by the permit holder to defer revocation of a permit if the request: states the reasons why the permit should not be revoked and the date by which meaningful and substantial work will resume.

8.5 Subject to Section 25 of the Act, the Chief Building Official is under no obligation to defer revocation of a permit.

8.6 Upon revocation of a permit, the Chief Building Official shall determine the amount of fees, if any, that may be refunded in accordance with Section 13 of this By-law.

9. REVISIONS TO APPLICATIONS AND PERMITS

9.1 Where in the opinion of the Chief Building Official, an applicant revises the plans for a proposed building or part thereof after the plans examination of a previous submission has already been undertaken, such that the revision or changes require a re-examination of the revised plans, an additional fee in an amount according to the current User Fees By-law, as amended, may be applied at the discretion of the Chief Building Official. This fee shall be due and payable with the permit fees.

9.2 Where in the opinion of the Chief Building Official, an applicant revises the design or scope of work authorized by an issued permit, the owner shall submit sufficiently detailed and revised plans and specifications, as set out in Section 5 of this By-law, that describe the proposed work, prior to carrying out the proposed work. An additional fee in an amount according to the current User Fees By-law, as amended, may be applied, at the discretion of the Chief Building Official. This fee shall be payable prior to commencement of the re-examination of the permit.

9.3 Sufficient material changes to the design or scope of work may constitute the need for a new application for permit as determined by the Chief Building Official.

10. TRANSFER OF PERMITS

10.1 Permits shall not be transferred to a new owner without the approval of the Chief Building Officer.

10.2 Issued permits may be transferred to a new owner by the Chief Building Official where the new owner provides:
a. A completed "Transfer of Permit Application" form attached as Schedule "B" and forming part of this By-law.
b. A written statement agreeing to comply with all statutes, regulations, applicable laws and conditions of approval upon which the permit was issued;
c. A written statement from the designer authorizing the continued use of all drawings, specifications and documents associated with the issued permit;
d. A completed Commitment to General Reviews form as prescribed by the Chief Building Official when the Building Code required the work be reviewed by an architect or a professional engineer; and
e. Payment of fees for transfer or permit as set out in the current User Fees By-law, as amended.

11. ALTERNATIVE SOLUTIONS

11.1 The Chief Building Official may authorize the use of an alternative solution where a designer provides, for each alternative solution that is proposed:
a. By submitting a completed Alternative Solution Application form as prescribed by the Chief Building Official.
b. Submitting a description of the proposed material, system or building design for which authorization as an alternative solution is required;
c. Submitting a description of the applicable objectives, functional statements and acceptable solutions as set out in the Building Code;
d. Providing supporting documentation, past performance or tests described in Division C, Section 2.1 of the Building Code or other evaluation demonstrating that the proposed material, system or building design will provide the level of performance required by Division A, Article 1.2.1.1. of the Building Code;
e. By paying the prescribed fee as set out in the current User Fees By-law, as amended and in addition, where required, paying the costs of a third-party review.

11.2 Where an alternative solution has been authorized, the Chief Building Official may impose conditions and/or limitations.

11.3 Alternative solutions authorized by the Chief Building Official shall be applicable only to the location as described in the application and are not transferrable to any other permit.

12. OCCUPANCY PERMIT

12.1 Where the requirements of the Building Code with respect to occupancy have been met, an occupancy permit shall be issued by the Chief Building Official or a person designated by the Chief Building Official. No person shall occupy or permit the occupancy of a building or parts thereof until an occupancy permit authorizing the occupancy of said building has been issued.

13. FEES AND REFUNDS

13.1 Fees for a required permit shall be set out in the current User Fees by-law, as amended.

13.2 No permit shall be issued or any service provided until the fees therefore have been paid in full by the applicant or property owner.

13.3 Where the fees payable in respect of an application for a construction or demolition permit issued under Subsection 8(1) of the Act or a conditional permit issued under Subsection 8(3) of the Act are based on area, this area shall be calculated by the Chief Building Official as the greatest horizontal area of a building or foundation, within the outside surface of exterior walls, or within the outside surface of exterior walls and centre line of Firewall or Party wall.

13.4 Where the fees payable in respect of an application for a construction or demolition permit issued under Subsection 8(1) of the Act or a conditional permit under Subsection 8(3) of the Act are based on the cost of valuation of the proposed work, the cost of valuation of the proposed work shall mean the total value of all work regulated by the permit, including the cost of all material, labour, equipment, overhead and professional and related services, provided that where application is made for a conditional permit, fees shall be paid for the complete project.

13.5 The Chief Building Official may place a valuation on the cost of the proposed work for the purpose of establishing the permit fee, and where disputed the applicant shall pay the required fee under protest and, within six (6) months of completion of the project, shall submit an audited statement of the actual costs and where the audited value is determined to be less than the valuation, the Chief Building Official shall issue a refund.

13.6 In the case of withdrawal of an application or the abandonment of all or a portion of the work or the non-commencement of any project, the Chief Building Official shall, upon written request of the owner or applicant, determine the amount of paid permit fees that may be refunded to the owner or applicant, if any, in accordance with Schedule "C" attached to and forming part of this By-law. Application for refund must be made within 6 months of the date of permit application to be eligible for a refund of any permit fee.

13.7 Any refund authorized shall be returned to the person identified on the receipt.

 14. DEPOSITS

14.1 Prior to issuance of a building, demolition, change of use, sewage system, swimming pool/fence., sign, tent or plumbing permit, the applicant shall be required to deposit with the Township an amount according to the current User Fees By-law, as amended.

14.2 The deposits shall be held without interest until such time as the Chief Building Official deems that the owner of applicant has fulfilled the statutory obligations to request inspections and give notice of intent under the Act and the Building Code and any required Building Certification as set forth in Section 6 of this By-law have been accepted by the Chief Building Official.

14.3 The deposit shall be held without interest until such time that the Township has satisfied itself that the applicant has not caused any damages to any municipal roads or property and there are no outstanding accounts.

14.4 At time of permit application, a "Deposit Forfeiture Acknowledgement" Form attached as Schedule "D" and forming part of this By-law shall be completed and submitted.

14.5 The deposit shall be forfeited in full where:
a. The permit file is not closed by way of passing a final inspection within two years of the date of issuance of the building permit, and a request for extension for completion of the permitted work is not requested in writing and granted.
b. The building for which the permit was issued has been occupied prior to the issuance of an occupancy permit.

14.6 Prior to the date for which a deposit is forfeited in accordance with this section, the Chief Building Official shall serve written notice to the permit holder and the property owner(s) at their last known address by regular mail and, if on the expiration of thirty (30) days from the date of such notice, the deposits shall be forfeited to the Township without any further notice. This notice may also be sent by electronic service to the email address indicated on the permit application form. Schedule "E" attached to and forming part of this By-law, is an example of this letter.

14.7 Where notice is served by regular mail service, the permit holder shall be deemed for all purposes to have been served with the notice on the fifth day after the day of delivery.

14.8 Notwithstanding Section 14.1, the payment of any deposits provided for herein may be waived only when the Chief Building Official deems it to be unnecessary and at the Chief Building Official's sole discretion.

15. RECOVERY OF FEES

15.1 In addition to every other remedy available at law, fees that are due and unpaid may be added to the tax roll of the property of the owner and may be collected in like manner as municipal taxes, as per Section 7(8.1) of the Act.

16. FENCING OF CONSTRUCTION AND DEMOLITION SITES

16.1 Where, in the opinion of the Chief Building Official, a construction or demolition site presents a hazard to the public, the Chief Building Official may require the owner to erect such fences as deemed appropriate to the circumstances by the Chief Building Official.

16.2 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 the duration of the hazard.

16.3 Every fence required by this section 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 meters above grade at any point, unless the Chief Building Official determined that a greater minimum height is necessary;
d. If constructed of plastic mesh, snow fencing, or other similar materials, be securely fastened at 200mm on centre to vertical posts not more than 1.2 metres apart, and horizontal members or a minimum 11-guage cable at the top and bottom; and
e. Be maintained in a vertical plane and in good repair.

17. NOTICES AND REQUIRED INSPECTION

17.1 Every permit holder shall notify the Chief Building Official of each stage of construction for which an inspection is required under Section 10.2(1) of the Act and Article 1.3.5.1 and 1.3.5.2 of Division C of the Building Code and any other inspections as may be noted on the permit. 

17.2 Inspection notices are required a minimum of two (2) business days prior to the stages of construction specified herein and shall be given in accordance with the requirements of Article 1.3.5.2 of Division C of the Building Code.

17.3 Notice shall be given through an online electronic portal authorized by the Chief Building Official, unless otherwise authorized by the Chief Building Official.

17.4 The permit holder shall facilitate safe access for inspection of the work.

17.5 Works not ready for inspection at the time when an inspection has been requested may be subject to an additional inspection fee as set out in the current User Fees By-law, as amended.

17.6 Re-inspections of deficient or incomplete work for a second (2nd) inspection of the same required inspection shall be subject to an additional service fee as set our in the current User Fees By-law, as amended.

18. REMOTE INSPECTIONS

18.1 At the discretion of an inspector, an inspection may be conducted as a remote inspection when the inspector may not be able to attend a construction site to do an inspection in person. A remote inspection may take various forms including the exchange of pictures, videos, live video calls, or other forms of technical media, which may satisfy an inspector who is in communication with a builder or contractor.

19. REGISTERED CODE AGENCIES

19.1 The Chief Building Official is authorized to appoint Registered Code Agencies to perform specified functions in respect to 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 Division C, Section 3.7 of the Ontario Building Code and is further authorized to enter into an agreement with such Registered Code Agency for provision of those services.

19.2 The Registered Code Agency may be appointed to perform one or more of the specified functions described in Section 15.15 of the Act.

20. AS-CONSTRUCTED PLANS

20.1 The Chief Building Official may require that a set of plans of a building or any class of building as constructed be filed with the Chief Building Official on completion of construction under such conditions as may be prescribed in the Building Code.

21. OTHER BY-LAWS, LICENCES, PERMITS AND REGULATIONS

21.1 Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law within the Township, or from applying for and obtaining any permit, licence, permission, authority or approval required by this or any other By-law or regulations of the Township or any other law in force at the time.

22. USE OF ELECTRONIC TECHNOLOGIES

22.1 Nothing in this By-law shall be deemed to limit the authority of the Chief Building Official to make use of online services for the display, use and submission of application forms or other documents and materials used in the processing of applications, educational handouts, referrals, and nothing in this By-law shall limit the use of electronic technologies for data and information storage and file management integral to building permit and inspection services.

23. CODE OF CONDUCT

23.1 The code of conduct and associated policies as required under Section 7.1 of the Act are set out in By-law No. 2005-43, as amended.

24. OFFENCES AND ENFORCEMENT

24.1 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine recoverable under the Provincial Offences Act in accordance with the Building Code Act.

24.2 Administration fees, as noted in the current User Fees By-law, as amended, shall be applied to a property owner in cases where any of the following Orders are served:
a. Order to Comply under Section 12(2) of the Act;
b. Order Not to Cover under Section 13(1) of the Act;
c. Order to Uncover under Section 13(6) of the Act;
d. Stop Work Order under Section 14(1) of the Act.

24.3 Where any person is directed or required by this By-law to do any matter or thing, such matter or thing may be done in default of its being done by the person directed or required to do it, at that person's expense, and such expense may be recovered by action or as municipal taxes in the manner prescribed by the Municipal Act and the Building Code Act.

25. AUTHORITY TO REVISE FORMS

25.1 The Chief Building Official is authorized to direct staff to make adjustments to Schedule B, Schedule D and Schedule E if it is deemed necessary by the Chief Building Official.

26. VALIDITY AND SEVERABILITY

26.1 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the By-law and it is hereby declared that the remainder of the By-law shall be valid and shall remain in force.

27. REPEAL

27.1 That By-law No. 2005-44 and all amendments is hereby repealed.

23. EFFECTIVE DATE

28.1 That By-law No. 2025-29 is enacted on the date of final passing.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 28th DAY OF APRIL, 2025.

__________________________________                                   _____________________________________

                          CAO/Clerk                                                                                                   Mayor

                       Jeff Carswell                                                                                            Grant Jones

SCHEDULE ‘A’
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW NO. 2025-29
LIST OF PLANS OR WORKING DRAWINGS TO ACCOMPANY APPLICATIONS FOR PERMITS

1. Site Plan, as outlined in Section 5 of this By-law;
2. Floor Plans for each level, whether finished or unfinished;
3. Foundation Plans;
4. Framing Plans;
5. Roof Plans, including truss drawings stamped by an engineer and layout drawing signed by the building's designer as being reviewed;
6. Reflected Ceiling Plans;
7. Sections and Details;
8. Building Elevations;
9. Electrical Drawings;
10. Heating, Ventilation, Air Conditioning Drawings with Heat Gain Loss Calculations;
11. Plumbing Drawings;
12. Sewage System Design and Plans;
13. One or more of the following to ensure appropriate plumbing and Surface Drainage at the discretion of the Chief Building Official:

a. Site Servicing Plan prepared by a professional engineer
b. Overall Grading Plan prepared and stamped by a professional engineer which shall include details of the entire property on which the proposed structure may be permitted and lands beyond the property line;
c, A drainage system plan/report prepared and stamped by a professional engineer;

14. Geotechnical Reports to ensure appropriate design of footings;
15. Hydrogeological Reports to ensure adequate water supply for the building and meeting of Required Connections by the Building Code, as amended or replaced;
16. Any other more specific plans the Chief Building Official deems to be required to accompany an application for a permit, at his or her discretion.

NOTE: All to the satisfaction of the Chief Building Official for a building permit to be deemed completed. The Chief Building Official may at his or her discretion specify that not all the above-mentioned plans are required or that other more specific plans be required to accompany an application for a permit.

SCHEDULE "B" - TRANSFER OF PERMIT APPLICATION

SCHEDULE ‘C’
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW NO. 2025-29

NOTE:

1. No refunds after any building inspections are carried out.
2. No refund shall result in the retention by the Township of Southwold of an amount less than the minimum permit value.

SCHEDULE "D" - PERMIT DEPOSIT FORFEITURE ACKNOWLEDGEMENT FORM

SCHEDULE "E" - EXAMPLE OF NOTICE SERVED TO PERMIT HOLDER AND PROPERTY OWNER OF FORFEITURE OF DEPOSIT