Building By-law

THE CORPORATION OF THE TOWNSHIP OF COLEMAN

BY-LAW 09-34

Being a By-law to regulate building permit applications, building permits and inspections
in the Corporation of the Township of Coleman

WHEREAS the Building Code Act, S.O. 1992, Section 7, c.23, as amended provides that the
council of a municipality may pass by-laws regulating building permit applications, the issue of
building permits and prescribing times for the giving of notices;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF COLEMAN HEREBY ENACTS AS FOLLOWS:

PART 1 SHORT TITLE

1.1 This By-law may be cited as “The Building By-Law”.

PART 2 PERMITS

2.1 CLASSES OF PERMITS
The classes of permits with respect to the construction and demolition of buildings shall
be set out in Schedule “A”, attached hereto and forming part of this By-law.

2.2 APPLICATION OF PERMIT
(1) To obtain a permit the owner or his authorized agent shall file an application in
by completing the prescribed forms available at the office of the Municipality.
(2) Every application for permit shall:
a) identify and describe in detail the work and occupancy to be covered by the
permit for which application is made; on the application form approved by the
Minister of Municipal Affairs and Housing
b) all applicable fields on the approved application form and required schedules be
completed.
c) describe the land on which the work is to be done, by a description that will
readily identify and locate the building lot, referencing an up-to-date site plan, or
a survey if requested by the Building Official, showing the location of the
proposed building with respect to the street, lane, building and all other property
lines and other buildings and structures presently located on the property and on
the adjoining properties; any costs incurred shall be the responsibility of the
applicant.
d) be accompanied by complete plans and specifications as described in Subsection
2.3 of the By-law;
e) be accompanied by a $50.00, non-refundable application fee, the remainder of the
building permit fee due and payable upon issuance of the permit(s);
f) state the name, addresses and telephone numbers of the owner, architect, engineer or other designer or constructor;
g) be accompanied, where professional design and/or supervision is required under
the Building Code, by a written acknowledgement of the owner that he has
retained the architect or professional engineer to carry out the field review of the
construction, said fees, if required will be the sole responsibility of the applicant;
h) any new dwelling shall be accompanied by a signed “statement made with respect
to the Ontario Home Warranties Plan Act”, and shall indicate whether the
applicant is proposing to “build to sell” or whether the applicant is building as the
“owner” and acting as the general contractor.
i) Be signed by the owner or his authorized agent who shall certify the truth of the
contents of the application.
(3) An application for a permit may be deemed to have been abandoned and cancelled
nine(9) months after the date of filing, unless such application is being seriously
proceeded with. As set out in Section 3.3 of this By-law, upon written request of the
permit holder, he or she, may in the case of non-commencement be entitled to a refund of
50% of the permit fees.

2.3 PLANS, SPECIFICATIONS AND INFORMATION
Sufficient information shall be submitted with each application for a permit to enable the
Chief Building Official to determine whether or not the proposed work will conform with
the Act, the Regulations thereunder and any other application laws including Municipal
By-laws.

2.4 ISSUANCE OF PERMITS FOR PART OF A BUILDING
(1) When for any reason a permit for a part of a building is sought prior to the issue
of a permit for the whole project, the applicant shall:
a) file an application for a permit for the entire project and pay the fees for
the whole project, and
b) furnish plans and specifications acceptable to the municipality covering
the portion of the work for which a partial approval and permit is
requested.
(2) The Chief Building Official may in a proper case issue a permit for a portion of
the project.
(3) The issue of a permit for apart of a project shall not signify to the applicant or
assure the applicant that a permit for the whole project will be issued and such
applications are at the risk of the applicant as to the issuance of permits for other
parts or the whole of the building to be constructed.

2.5 REVISIONS TO A PERMIT
After issuance of the permit, an application may be made for a revision to the permit,
particulars of such proposed variations must first be submitted to the Chief Building
Official whose consent shall first be obtained and such application shall be made in the
same manner as for the original permit.

2.6 RENEWAL OF A PERMIT
The Chief Building Official may issue a renewal of a permit: (1) Where after nine (9) months after the issuance, the construction or demolition in
respect of which it was issued has not, in his or her opinion, been seriously
commenced or,
(2) Where the construction or demolition or the building is, in his or her opinion,
substantially suspended or discontinued for a period of more than one (1) year;
provided the required fee is paid for such renewal and the plans and specifications
are made to comply with all the requirements of the Act in effect at the time of
renewal.

2.7 RESTRICTED PERMIT – TEMPORARY BUILDINGS
(1) a RESTRICTED PERMIT FOR A TEMPORARY BUILDING MAY BE
ISSUED BY THE Chief Building Official authorizing, for a limited time only, not
to exceed six(6) months, the erection and existence of a building or part thereof.
(2) A permit for a temporary building may be extended, provided permission in
writing is granted by the Chief Building Official.

PART 3 PERMIT FEES

3.1 The fee for a required permit shall be set out in Column 2 “Permit Fee” of the said
Schedule “a” opposite the class of permits as set out in Column 1 entitled “Class of
Permit”.
3.2 Where an application is made for a minor revision to a permit, such revision shall be
processed without charge.
3.3 In the case of non-commencement of any project and upon written request to the
Timiskaming Municipal building Association, 50% of the permit fees shall be returned to
the permit holder, however, no refund shall be made in the case of abandonment of a
project or revocation of a permit after construction has commenced.

3.4 Under special circumstance, in the case of non-commencement of any project and upon
written request to the Timiskaming Municipal Building Association, greater than 50% of
the permit fees may be returned to the permit holder. The request will be considered
and authorized by the Timiskaming Municipal Building Association in consultation with
the Municipality.

3.5 When an application is made for an industrial, commercial or assembly permit, the
municipality shall retain the services of a certified Chief Building Official to oversee the
project. The permit fee structure shall apply as set out in Schedule “A”, however any
additional costs associated with the retention of such services shall be the responsibility
of the municipality.

PART 4 NOTIFICATION AND PENALTIES

4.1 No person shall file a false or misleading application or false of misleading supporting
documentation.
4.2 The owner or his authorized agent shall notify the Chief Building Official at least two (2) business days prior to each event for which notice in advance of construction is required.
4.3 any person who contravenes any provisions of the Bu-law is guilty of an offence as
provided in Section 36 of The Building Code Act, S.O. 1992, c.23 as amended by S.O.
1997, c.24 and S.O. 1997, c.30 Schedule B

PART 5 REPEAL

5.1 That By-law No. 06-10, being a by-law regulating building permit applications, building
permits and inspection in the Township of Coleman be hereby repealed.

READ A FIRST AND SECOND TIME THIS
10th, day of November, 2009

READ A THIRD TIME AND FINALLY PASSED THIS 10th, day of November, 2009.

________________________ ____________________
MAYOR CLERK-TREASURER