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PARTNERS

Council and Building Departments are. PARTNERS. Working together for a Better Built Ontario The OBOA works with municipalities (and other levels of government), educational institutions, and organizations in the planning, building and growing of Ontario communities. +.

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PARTNERS

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  1. Council and Building Departments are PARTNERS

  2. Working together for a Better Built OntarioThe OBOA works with municipalities (and other levels of government), educational institutions, and organizations in the planning, building and growing of Ontario communities. +

  3. Our Legislative Framework The Building Code Act, 1992 (BCA) lays out the legislative framework governing the construction, renovation, demolition and change of use of buildings in Ontario. Council & Building Departments are Partners

  4. The Ontario Building Code Adopted by the Province Administered and enforced by the Municipality Enforcement is increasingly complex Council & Building Departments are Partners

  5. Look around you… Do you feel safe in this building? Residential Industrial Commercial and Institutional Council & Building Departments are Partners

  6. Building Officials Play a VITAL Role protecting public health and safety Council & Building Departments are Partners

  7. Establishes technical /administrative requirements and standards for: The Ontario Building Code Structural sufficiency Energy conservation Public health and safety Fire protection Water conservation Barrier-free accessibility of buildings Environmental integrity Council & Building Departments are Partners

  8. PROBLEM RISK Council & Building Departments are Partners

  9. Tragedy The Risk to Municipalities No one wants to be the next Elliot Lake or Walkerton. Can a Grenfell Tower tragedyhappen in our community? Council & Building Departments are Partners

  10. Liability The Risk to Municipalities No protection from joint and several liability… which moves the standard of care closer to perfection Council & Building Departments are Partners

  11. Confusion The Risk to Municipalities There are limited resources to help municipalities determine the level of Building Code enforcement service needed ? Council & Building Departments are Partners

  12. SpecificCouncil Responsibilities: Under the BCA, our municipality is responsible for the enforcement of the Act and the Building Code within our jurisdiction. Municipal Council MUST:appoint a Chief Building Official (CBO) and as many building inspectors as are necessary for the proper enforcement of the Act and the Building Code. Council & Building Departments are Partners

  13. Qualified and Registered The Chief Building Official and Inspectors must meet qualification requirements established by the Act and the Building Code, which include: • successful completion of Building Code legal and technical examinations in their area of practice Council & Building Departments are Partners

  14. Qualified and Registered There are 12 possible qualification exams required through the Ministry depending on the area of practice and duties assigned. Council & Building Departments are Partners

  15. Qualified and Registered • Chief Building Officials and inspectors are to perform their duties in accordance with a code of conduct established by the municipality in compliance with the BCA. Council & Building Departments are Partners

  16. Qualified and Registered • Building Officials registration can be found on the Ministry of Municipal Affairs and Housing website. • Registration is renewed yearly and the price is set by the Ministry. Council & Building Departments are Partners

  17. SOLUTION ! Council & Building Departments are Partners

  18. Alternatives to an “In-House” approach: Council can consider: Municipalities are permitted under the BCA to enter into agreements to share the costs of delivery of building services: Private sector firms known as “Registered Code Agencies” can also be contracted to deliver many building services on behalf of a municipality. (There are some limitations to such services) Examples include the Timiskaming Health Unit, and the Temiskaming Municipal Building Association. Council & Building Departments are Partners

  19. Alternatives to an “In-House” approach: Council can consider: Sharing Building Department staff across municipalities. Sharing an employee’s time allows for access to qualified personnel to address gaps in service Some municipalities have already entered into such agreements. One municipality can take the lead as primary employer or another arrangement can be worked out. Council & Building Departments are Partners

  20. Building Officials Generate MUNICIPAL REVENUE A vibrant construction industry is essential for economic growth. Council & Building Departments are Partners

  21. How are we funded? Municipal Building Departments are funded through revenue generated from Building Code enforcement and building permit issuance. Municipal councils set the building permit fees. As per the BCA, the cost of fees must not exceed the anticipated reasonable cost to enforce the BCA and the Building Code within the municipality. In cases of low building activity, general levy funds may have to be used. Council & Building Departments are Partners

  22. Chief Building Official (CBO) Responsibilities: Issuing permits for the construction, renovation, change of use or demolition of buildings that conform to the requirements of the BCA and the Building Code Establishing operational policies for the enforcement of the BCA and Building Code, and coordinating and overseeing their enforcement Council & Building Departments are Partners

  23. Responsibilities of CBO’s and Inspectors CBO’s and Inspectors are also responsible for exercising powers and performing other duties assigned to them under the BCA, including: Issuing orders Reviewing plans Inspecting construction Council & Building Departments are Partners

  24. Responsibilities of CBO’s and Inspectors These requirements include compliance with the list of applicable law in the Building Code such as the: Nutrient Management Act Retirement Homes Act. Environmental Protection Act The Building Code is a POWERFUL enforcement tool!

  25. Mandated Timelines CBO’s must adhere to strict timelines while enforcing the Code: Making a determination on a building permit application (such as issuing a permit or refusing to issue a permit – with full explanation) Timeframes for construction inspections are all set out in the Building Code. Inspections must be carried out within 2 business days of notification of request for an inspection on a permit.  Council & Building Departments are Partners

  26. Why the delays? The BCA makes clear that a permit cannot be issued unless it is in conformance with all applicable law. These laws are largely Provincial and beyond the control of the CBO. Council & Building Departments are Partners

  27. Why the delays? The Building Department is the last approval in the permit process. Many other agencies must first approve the project. These can include Ministry of Education, Ministry of Transportation or Municipal Planning Departments. Council & Building Departments are Partners

  28. Orders and Enforcement CBOs and Inspectors have the power to issue orders when buildings are found to be unsafe or in contravention of the Building Code. CBOs may also take actions to remedy an unsafe condition or immediate danger. Council & Building Departments are Partners

  29. Orders and Enforcement This enforcement role is assigned specifically to the Chief Building Official and Inspectors by the BCA,which is a PROVINCIAL LAW Council & Building Departments are Partners

  30. Council’s Role Council does not have a role under the BCA or the Building Code in decision making on building permit applications or the issuance of orders.  Chief Building Officials and Inspectors are independent of municipal council when exercising these powers and duties.  However! It is appropriate for municipal councillors or staff to direct concerns regarding the safety of buildings to Building Officials for the CBO to take action as they see fit. Council & Building Departments are Partners

  31. Disclaimer: These slides are provided for convenience only, the slides should not be relied on for legal or official purposes. For authoritative text, please refer to the legislation or regulations. As local facts and circumstances are variable, users may wish to consider obtaining their own legal advice when particular legal issues or decisions arise. Council & Building Departments are Partners

  32. Additional information •The Building Code Act, 1992 and the Building Code are available free to the public on the government’s e-Laws website at www.e-laws.gov.on.ca •The Ministry of Municipal Affairs and Housing website contains a wide variety of information related to the 2012 Building Code at www.mah.gov.on.ca •The Ontario Building Officials Website www.oboa.on.ca Council & Building Departments are Partners

  33. Council, your Building Department is your PARTNER Council & Building Departments are Partners

  34. A Partner for Municipalities

  35. Thank you!

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