Building Code 101 OWMC November 20, Ministry of Municipal Affairs and Housing

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1 Building Cde 101 OWMC Nvember 20, 2015 Ministry f Municipal Affairs and Husing

2 Disclaimer These slides are prvided by the Ministry f Municipal Affairs and Husing fr cnvenience nly The slides shuld nt be relied n fr legal r fficial purpses. Fr authritative text, recurse may be had t the legislatin r regulatins As lcal facts and circumstances are variable, users may wish t cnsider btaining their wn legal advice when particular legal issues r decisins arise Ministry f Municipal Affairs and Husing 2

3 Purpse T prvide an verview f: The Building Cde Act, 1992 (BCA) The Building Cde The Ministry s Rle The Municipality s Rle The Rle f the Chief Building Official and Building Inspectrs Building Permits, Fees and Reprting Alternative Enfrcement Mdels Cmplaints Ministry f Municipal Affairs and Husing 3

4 Building Cde Act, 1992 (BCA) Lays ut the legislative framewrk gverning the cnstructin, renvatin, demlitin and change f use f buildings Defines the purpses f the Building Cde t include the establishment f building standards fr the fllwing: public health and safety fire prtectin structural sufficiency energy cnservatin water cnservatin envirnmental integrity barrier-free accessibility Ministry f Municipal Affairs and Husing 4

5 Building Cde A regulatin made under the BCA Sets ut technical and administrative requirements fr the cnstructin, change f use, renvatin and demlitin f buildings in Ontari Generally regulates new cnstructin (including significant renvatins) Generally des nt regulate existing buildings Exceptins: Regulates peratin, maintenance and re-inspectin f existing small n-site sewage systems (e.g. septic systems) Ministry f Municipal Affairs and Husing 5

6 Cntext (cnt d) The Building Cde Act, 1992 and the Building Cde cmplement ther legislative tls that: Regulate fire safety in existing buildings (the Fire Cde) Regulate electrical safety in buildings (the Electrical Safety Cde) Regulate specialized building systems (e.g., elevatrs and pressure vessels are the respnsibility f the Technical Standards and Safety Authrity) Regulate the cnstructin prcess (Occupatinal Health and Safety Act) Regulate the maintenance and ccupancy f existing buildings (municipal prperty standards by-laws) Ministry f Municipal Affairs and Husing 6

7 Cde Develpment in Ontari Ontari's first Building Cde regulatin came int frce in 1975 New editins f Ontari s Building Cde are released n a regular basis, apprximately every 5 t 7 years Interim changes t the Cde are made as needed The current editin is the 2012 Building Cde (Ontari Regulatin 332/12) it was filed Nvember 2, 2012, and mst f the changes came int effect January 1, 2014 Amendments t the Cde reflect prvincial pririties, stakehlder requests, building sectr innvatin, emerging situatins and Crner's inquests Ministry f Municipal Affairs and Husing 7

8 Ministry f Municipal Affairs and Husing (MMAH) Rle MMAH administers the Building Cde Act, 1992 and the Building Cde: Develps legislatin and regulatins Supprts the Federal/Prvincial/Territrial cde develpment prcess (t prmte cde harmnizatin) MMAH supprts innvatin: Building Materials Evaluatin Cmmissin Issuance f Minister s Rulings Supprt fr building sectr: Qualificatin f building practitiners and maintenance f a registry Cde advisry services Oversee the delivery f Building Cde training Develpment resurce material t assist stakehlders t understand their respnsibilities Building Cde Cmmissin (dispute reslutin) Ministry f Municipal Affairs and Husing 8

9 Municipal Rle Enfrcement f the BCA and the Building Cde is assigned t lcal principal authrities Principal authrities are primarily lcal municipalities Principal authrities may be cnservatin authrities and bards f health in the case f n-site sewage systems lcated in certain areas Enfrcement respnsibilities include: Reviewing building permit applicatins and permit issuance Cnstructin inspectins The BCA prvides authrity t take enfrcement actin (rders and prsecutins) where Cntraventins f the Act and the Building Cde are fund Buildings are fund t be unsafe r an immediate danger t the health and safety f any persn (als includes pwer t take actins t remedy the unsafe r dangerus cnditins) Ministry f Municipal Affairs and Husing 9

10 Municipal Cuncil Cuncils must appint a chief building fficial and as many building inspectrs, as necessary, t carry ut enfrcement f the BCA and the Building Cde CBO is ne f the few fficials that a municipality legally must have CBO can have ther duties within the municipality, but nly a qualified persn can be CBO Cuncil must establish and enfrce a cde f cnduct fr its CBO and building inspectrs Cuncil sets building permit fees (discussed later) Cuncil has n rle in decisin-making n whether t issue r refuse building permits r t issue rders under the BCA Ministry f Municipal Affairs and Husing 10

Municipal Building Services Survey Results (cnt d) N 123 Yes 261 261 Chief Building Officials carry ut ther duties in

Sme CBO s have a number f ther duties Other - 139 By-law enfrcement - 162 Licensing - 52 Prperty standards - 163 Planning

11 Municipal Building Services Survey Results (cnt d) N 123 Yes Chief Building Officials carry ut ther duties in additin t their building cde enfrcement rle The mst cmmn f thse additinal duties are by-law and prperty standards enfrcement Sme CBO s have a number f ther duties Other By-law enfrcement Licensing - 52 Prperty standards Planning review CBOs carry ut ther duties Ministry f Municipal Affairs and Husing 11

12 Chief Building Official (CBO) and Inspectrs BCA assigns pwers and duties fr enfrcement directly t the CBO, including: establishing peratinal plicies fr the enfrcement f the BCA and Building Cde crdinating and verseeing their enfrcement CBO and inspectrs must meet qualificatin requirements in the categries that they intend t practice in in their fficial capacity be registered with the prvince perfrm their duties in accrdance with the cde f cnduct established by the municipality in accrdance with the BCA Enfrcement f the cde is a municipal respnsibility the cde is nt regulated by the prvince Ministry f Municipal Affairs and Husing 12

13 Chief Building Official and Inspectrs In Ontari, there is a three-step prcess fr CBOs and inspectrs t be registered t practice: 1. Training (Optinal) 2. Examinatins (Mandatry) 3. Register Examinatins cver administrative and technical material acrss 14 categries (i.e., huse, small buildings, large buildings, HVAC, septic systems, plumbing, legal, etc.) At minimum, Chief Building Officials must be qualified and registered in the Chief Building Official Legal categry Building inspectrs must be qualified and registered in the Legal General categry plus the categries they perate within Ministry f Municipal Affairs and Husing 13

that there is nly a CBO, r if it was meant that there is ne CBO plus ne inspectr N 154 Yes 224 1 94 2-4 72 5-9 23 10-19 16

14 # f Bldg Dept Emplyees with BCIN numbers Municipal Building Services Survey Results (cnt d) 60% f municipalities reprted at least ne r mre BCIN-qualified inspectrs in additin t the CBO MMAH needs t clarify with municipalities reprting 1 t verify that there is nly a CBO, r if it was meant that there is ne CBO plus ne inspectr N 154 Yes Ministry f Municipal Affairs and Husing 14

15 Building Permits Timeframes fr Issuance and Setting Fees The Building Cde includes service level standards that municipalities and ther principal authrities must meet, including: timeframes fr making a determinatin n a building permit applicatin, which invlves issuing a permit r refusing t issue a permit and giving full reasns, and timeframes fr cnstructin inspectins fllwing the receipt f ntice frm the building permit hlder Municipal building departments can be funded thrugh revenue generated frm Building Cde enfrcement, building permit issuance in particular Municipal cuncils set the building permit applicatin fee The ttal amunt f the fees must nt exceed the anticipated reasnable cst t enfrce the BCA and the Building Cde within the municipality In cases f lw building activity, general levy funds may have t be used Ministry f Municipal Affairs and Husing 15

16 Building Permit Fees Reserve Fund and Changing Fees Many municipalities and ther principal authrities maintain a building reserve fund which: Can be used t ffset the year-t-year fluctuatins f enfrcement csts and revenues and t maintain stability in the number f building inspectrs, and fr capital prjects related t enfrcement f the BCA Cannt be used fr any purpse ther than administratin and enfrcement f the BCA If used fr anther purpse, it may be difficult t shw the fees d nt exceed the anticipated reasnable csts t enfrce the BCA Where a change in permits fees is being prpsed, the municipality is required t hld a public meeting: Prvide an estimate f enfrcement csts, the amunt f the fee change, and a ratinale fr the change Ministry f Municipal Affairs and Husing 16

Percentage f municipalities with a separate reserve fund Municipal Building Services Survey Results (cnt d) 54% f municipalities reprted having building department reserve funds Use f reserves funds

17 Percentage f municipalities with a separate reserve fund Municipal Building Services Survey Results (cnt d) 54% f municipalities reprted having building department reserve funds Use f reserves funds was directly related t municipal size the larger the municipality - the mre likely a reserve fund was established 100% N 174 Yes % 80% 70% 60% 50% 40% 30% 20% 10% 29 30% 25 36% 42 57% 48 69% 20 87% 16 89% 24 96% 0% < 2,000 2,000 5,000 5,000 10,000 10,000 25,000 25,000 50,000 50, , ,000+ Ppulatin range f municipality Ministry f Municipal Affairs and Husing 17

18 Municipal Reprting Under the BCA, municipalities and ther principal authrities must prepare annual reprts cvering: Fees cllected Building permit enfrcement and administratin csts Extent f any reserve fund Cuncil is respnsible fr this reprting The annual reprt must be made available t the public Thrugh their annual Financial Infrmatin Returns, municipalities als reprt n the fllwing: ttal cnstructin activity building permit review timeframes ttal cmplete and incmplete applicatins Ministry f Municipal Affairs and Husing 18

19 Alternative Enfrcement Mdels The BCA prvides flexibility t prvide alternate enfrcement arrangements, e.g., a principal authrity may enter int an agreement with: Anther municipality t prvide jint enfrcement f the Act and Cde An upper tier municipality t carry ut enfrcement f the Act and Cde A Health Unit fr enfrcement f the Act and Cde as it relates t plumbing, r A Health Unit r Cnservatin Authrity fr enfrcement f the Act and Cde as it relates t n-site sewage systems Alternatively, BCA allws principal authrities t cntract with privatesectr firms knwn as a Registered Cde Agencies t deliver many building services n behalf f a municipality r municipalities Ministry f Municipal Affairs and Husing 19

Municipal Building Services Survey Results (cnt d) N

internships r ther develpmental placements fr new

municipalities 43% (166) f municipalities use jint

deliver building services Tends t be mre cmmn amng

20 Municipal Building Services Survey Results (cnt d) N 329 Yes % (52) f municipalities use internships r ther develpmental placements fr new building fficials Tends t be mre cmmn amng larger municipalities 43% (166) f municipalities use jint servicing agreements with ther municipalities t deliver building services Tends t be mre cmmn amng smaller municipalities N 217 Yes 166 Ministry f Municipal Affairs and Husing 20

21 Cmplaints Cmplaints regarding decisins made by the chief building fficial and/r municipal building departments are heard by the Building Cde Cmmissin (BCC) r the Superir Curt f Justice BCC is an adjudicative bdy whse mandate is t reslve disputes invlving: sufficiency f cmpliance with the technical requirements f the Cde legislative time frames fr permit prcessing and site inspectins An aggrieved persn may als appeal a decisin r rder f the chief building fficial r inspectr t the Superir Curt f Justice (generally invlves matters ther than thse heard by the BCC) MMAH smetimes receives cmplaints abut the cnduct municipal building fficials and inspectrs these cmplaints are referred back t the municipality creatin and enfrcement f a municipal cde f cnduct fr building fficials and inspectrs is a municipal respnsibility the cde f cnduct is nt regulated by the prvince Ministry f Municipal Affairs and Husing 21

22 Cmplaints Recent BCC Examples Examples f cmplaints that the BCC culd hear: I applied fr a building permit 25 days ag and I have nt had a respnse frm the building department. The BCC culd hld a hearing t determine whether the municipality cmplied with the permit prcessing time frames. I am ding sme interir renvatin wrk at my business. The municipality is insisting that I install the thermstat cntrls 4 feet abve the flr and I have installed them 5 feet abve the flr. The cntrls wn t be used by the public d I have t mve the cntrls? The BCC culd hld a hearing t determine whether sufficiency f cmpliance with the Cde has been achieved. Ministry f Municipal Affairs and Husing 22

23 Resurces Available The Building Cde Act, 1992 and the Building Cde are available free t the public n the gvernment s e-laws website at The Ministry f Municipal Affairs and Husing website cntains a wide variety f infrmatin related t the 2102 Building Cde at The Building Cde Cmpendium, which cntains the BCA, the Building Cde, supplementary standards, explanatry appendix ntes, etc. is available fr purchase at ServiceOntari lcatins r n-line at The beta versin f the Building Cde Cmpendium is nw available fr free t purchasers f subscriptins t amendments. Ministry f Municipal Affairs and Husing 23

PROCEDURAL SAFEGUARDS NOTICE PARENTAL RIGHTS FOR PRIVATE SCHOOL SPECIAL EDUCATION STUDENTS

PROCEDURAL SAFEGUARDS NOTICE PARENTAL RIGHTS FOR PRIVATE SCHOOL SPECIAL EDUCATION STUDENTS INTRODUCTION This ntice prvides an verview f the parental special educatin rights, smetimes called prcedural safeguards