Agenda nn Item Page - London, Ontariocouncil.london.ca/CouncilArchives/Agendas/Planning...Provisions that SUDPO~~ Desian Innovations, New Products, Ministers’ Rulinas and Bindina

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CHAIR AND MEMBERS - PLANNING COMMITTEE

R. CERMINARA, P. ENG. DIRECTOR OF BUILDING CONTROLS

SUBJECT: BILL 124 - AN ACT TO IMPROVE PUBLIC SAFETY AND TO INCREASE EFFICIENCY IN BUILDING CODE ENFORCEMENT

MEETING ON TUESDAY, APRIL 13,2004, AT 5:OO P.M.

RECOMMENDATION L

That, on the recommendation of the Director of Building Controls, the following status report on the implications of Bill 124 BE RECEIVED for information.

r BACKGROUND

On April 8, 2002 the Planning Committee received an information report from the Director of Building Controls with respect to Bill 124, “An Act to Improve Public Safety and to Increase Efficiency in Building Code Enforcement”. The Planning Committee asked the Director of Building Controls to report back on the full implication of Bill 124 once it is proclaimed and the regulations thereunder are enacted. Bill 124 was the Province’s response to the Building Regulatory Reform Advisory Group’s (BRRAG) report presented to the Minister of Municipal Affairs and Housing in August of 2000.

Bill 124 received first reading on November 1, 2001. The Bill was proclaimed on July 25, 2003, without any changes from first reading, as the Building Code Statue Law Amendment Act, 2002, and Ontario Regulation 305/03 was filed to implement the Province’s Building Regulatory Reform (see attached notice from the Ministry).

Some of the amendments to the Building Act, 1992 and the Building Code came into force on September I , 2003, while the majority will take effect July 1,2005.

Following the proclamation of the Bill, an implementation team comprising of various members of the Building Division was put together. The team has met a number of times to deal with the various issues of implementation.

On March 18, 2004 the Ministry issued a “Municipal checklist” to help municipalities prepare for July 1, 2005, (see attached).

This update will generally follow the outline of the notice issued by the Ministry July 28, 2003, with emphasis on what the Municipality will have to do by July 1,2005.

Public Safety

1 . Mandatorv Provincial Buildina Code Knowledae Reauirements

Building officials, most designers and persons engaged by Registered Code Agencies (RCA) will have to meet these requirements by July 1, 2005.

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Imdications for London

There are currently 34 building officials within the Building Division that will need to pass a number of 3 hour Provincial exams. The number of exams to be passed varies with the duties of each position, i.e. the Chief Building Official (CBO) will only have to write one exam on the legal aspects and powers and duties of a CBO, whereas some plan examiners and building inspectors will require to pass 6 exams in order to continue to perform their duties beyond June 30, 2005. A number of staff had already written exams under previous regulations when the City took over private sewage approvals in 1999. The number of exams required by Bill 124 total 139. To date 93 exams have been written by staff at 6 sittings in London run by the Ministry of Municipal Affairs. The success rate has been about 95 percent. Those that did not pass will take further training and rewrite the exams before July 1, 2005.

BRRAG had recommended to the !Minister that a full certification system was required. A system that incorporated the three “Es”, education, experience and examinations. Unfortunately, the government prescribed by regulation only the examination part, as such, these provincial exams are based strictly on the Building Code Act and Building Code knowledge. They do not replace the normal municipal required qualifications for building officials but are in addition to them. For example in London the existing qualifications required for a building inspector are completion of a 3 year architectural technology program with 3 years of prior experience working with the Building Code.

Actions to be completed are:

(I) Provide training and ensure all remaining staff pass the requisite exams by July 1,2005;

(2) Once completed, file the information for staff with the Director of the Building and Development Branch of the Ministry of Municipal Affairs as required;

(3) Review the appointment by-law for bullding officials and revise accordingly;

(4) Review with the Human Resources Division the new qualifications and the effect they will have on the existing job descriptions.

2. Mandatow InsDections

Certain key stages of construction will require mandatory inspections within 2 working days of notification.

Imolications for London

The concept of mandatory inspections was recommended by BRRAG. The number prescribed in the regulations is similar to the number of inspectors already carried out by our inspectors.

The major distinction however is that the inspections are mandatory and must be carried out within 2 days of notice whereas current/y the Municipality has the discretion as to whether to carry out the inspections or not depending on workload, or delay the inspection until it is able to do it.

We must review our ability to carry out the mandatory inspections in relation to the expected workload, this exercise will be ongoing and resources may be minimally affected. The legislation allows municipalities to require by by-law that additional stages of construction be inspected. We will for a variety of reasons ranging from liability to resources not recommend that these additional inspections be required in London.

Currently we are experiencing difficulties in carrying out final inspections primarily due to lack of notice as well as our limited resources to continually follow-up with builders.


( I ) Modify computer programming for the specified mandatory inspections and amend communication materials to permit applicants;

(2) Ensure that final inspections are requested in a timely manner to avoid a backlog of final inspections later when access is not readily available once the building is occupied.

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1, SDecific Time Limits on Buildina Permit Decisions, ARDlicable Laws

Municipalities will have specific time limits ranging from 10 days for houses to 30 days for complex buildings to issue permits or give reasons in writing why the permit could not be issued. The requirement for specific time units was recommended by BRRAG. The regulations permit appeals to the Building Code Commission when these time frames are not adhered to. The Commission has the authority to require that the Municipality comply.

BRRAG also recommended that all applicable laws permitting construction of buildings in Ontario be listed in the regulations. The legislation provides a definition of applicable law, which has been clarified to include a specific list of laws that require compliance before a building permit can be issued. The specific time limits to issue permits do not start until applicable laws are complied with, as such it is important that all applicable laws are known.

Implications for London

We do not expect any ditficulties in meeting the Provincial time limits on building permit decisions. In fact, our existing time limits are in line with what the Province has prescribed.

In addition, we would point out that the Building Division issues many conditional permits to expedite construction, which does not need compliance to all applicable laws except for 4 clearly defined laws. This approach negates the specified time limits where it is used and is preferred by our customers. Notwithstanding the above, it is important however to be clear which laws are applicable in each case.

Using 2003 figures, (Le. total of 4,476 permits of all types) our existing service level (using business days) on issuing permits is as follows:

26% were issuedin I day 48% were issued in 5 days 66% were issued in 70 days 75% were issued in 72 days 82% were issued in 15 days

The degree of detail examined by staff will affect the time the application is in the system, assuming no Provincial standards are set higher than our current level of examination, there should be little or no implications as a result of this requirement.


( I ) Given our current service level, it is not anticipated that any further action is required. Should other service level standards be changed that affect our existing time frames, they will be reviewed at that time.

(2) Review our plan review policies against the list of applicable laws to identify gaps in internal and external approvals and to identify approvals that do not qualijr as applicable law.

2. A Common, Province-wide ARRliCatiOn Form for Permits

In order to promote uniformity across the Province a common application form is prescribed effective July 1, 2005. Also, common Building Code order forms are also prescribed for use province wide. Standard province wide forms were recommended by BRRAG.


The common application form issued by the Minister does not fit exactly with what London currently uses. Municipalities are not allowed to make any changes to it that would require submission of more information.

The Large Municipalities Chief Building Officials Group (L MCBO) is currently working with the Ministry to effect some changes to the form. The Ministry has indicated a willingness to cooperate on this issue.

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There will be some changes to our existing procedures in processing applications, for instance, we will be required to ensure designers demonstrate that they are provincially qualified before we can accept their designs for review. As well, more care will be required in acceptance of the application, which in turn triggers the time limits to issue permits noted above.


( I ) Recommend through LMCBO that the Province modify the prescribed application slightly to better reflect our current application and the ability to use it for use with electronic Permitting;

(2) Review the existing order forms for compliance with those prescribed by the Province and make changes as required;

(3) Amend our existing Building By-law to reflect the changes required by the Province with respect to the submission of information required to complete an application for a permit.

3. Provisions, which Drovide MuniciDalities the use of RCAs

Legislation will, as of July 1, 2005 allow municipalities to hire RCAs, to perform plan examinations and/or inspections. The legislation also permits applicants for permits to hire their own RCAs with Municipal Council approval for house construction only.


Recommendations will be made prior to July I , 2005 to allow London’s CBO to engage Registered Code Agencies (RCAs) to help the Building Division, when reauired in order to maintain the time limits for issuing permits specified in the regulations. Given our record of accomplishment with existing staff, this type of additional resources will be rarely needed.

Applicants for building permits could engage their own RCAs to check their plans and inspect their construction projects with Municipal Council’s permission. This option is currently available by regulation for house construction only, RCAs are not permitted to do any other work unless a Municipality hires them. We are advised that the new Provincial government is re-examining this Section of the Act with the view to effecting some changes through new regulations. We will advise further at a later date on this issue.


( I ) Amend the Building By-law to allow the CBO to engage RCAs at hidor her discretion when required to comply with the specific time frames for issuing permits.

4. Provisions that SUDPO~~ Desian Innovations, New Products, Ministers’ Rulinas and Bindina Interwetations

The legislation allows CBOs to accept equivalents to encourage innovation in materials, systems and designs. The Minister is also allowed to make rulings on the same issues, and make binding interpretations of the Code. All of these requirements were recommended by BRRAG.

lmdications for London

We welcome these changes and are confident that they will expedite approvals and promote the uniform application of the Building Code across the Province. The legislation requires as of July I , 2005 that the CBO make a record of the decision, including the decision to allow the equivalent and all the documents provided by the person requesting approval for the equivalent.

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( I ) Develop a policy and procedure with respect to the approval of equivalents and mechanisms for tracking decisions.

5. ExDedited Route to the OM6 for Site Plan ADDrOval

Effective July 1, 2005 the Planning Act has been amended to make it clear that the colour, texture and type of materials, window detail, construction detail, architectural detail and the interior design of buildings including the layout of interior areas is subject to site plan approval.

The amendment also provides that the owner of the land or the municipality may apply to the Municipal Board (by means of a notice for directions) to determine a dispute about whether site plan approval applies or not. The Board shall make a final determination that is not subject to further appeal or review. These actions do not comply fully with the recommendation from BRRAG which recommended essentially that site plan approval not hold up the issuance of permits once it is determined that the site is serviceable‘ and the form and location of the building is approved.


We do not foresee that this option will be used in London. Our policy on conditional permits has eliminated the need for the OMB to expedite site plan disputes, which hold up the issuance of permits. Except where a public participation meeting for the site plan is required, the C50 on request issues partial building permits while details of the site plan approval are being worked out. In addition, our site plan policies do not deal with requirements not founded in legislation, i.e. colour of brick issues that in some municipalities have delayed site plan approvals and associated building permits.


( I ) Amend our site plan control 6y-law and our policies and procedures to comply with the legislation effective July 1,2005.

ACCOUNTABILITY

1. Provisions describina the Roles of Kev Parties

The legislation includes provisions describing the roles of key parties in the building construction process including: designers; builders; persons, (eg. property owners), who cause a building to be constructed; manufacturers, suppliers and retailers of products intended to be used in buildings covered by the Building Code; RCAs; CBOs; and inspectors. BRRAG had recommended that these roles be put into legislation.

Imdications for London

From a municipal perspective the roles of the CBO and inspectors are defined as follows, (l(6) and I (7) of the Act).

“(6) Role of Chief Building Officials. It is the role of a CSO,

(a) to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction; (b) to co-ordinate and oversee the enforcement of the Act and the building code within the applicable jurisdiction; (c) to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and (d) to exercise powers and perform duties in accordance with the standards established by the applicable code of conduct. 2002, c.9, s.3

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(7) Role of Inspectors. It is the role of an inspector,

(a) to exercise powers and perform duties under this Act and the building code in connection with revie wing plans, inspecting construction and issuing orders in accordance with this Act and the building code;

(b) to exercise powers and perform duties in respect of only those matters for which he or she has the qualifications required by this Act and the building code; and

(c) to exercise powers and perform duties in accordance with the standards established by the applicable code of conducts 2002, c. 9, s. 3”.

Overall, the changes represent an improvement over existing legislation. These clearly defined roles and responsibilities of designers, builders, owners and etc. will also help the Coutls in assessing liability should lawsuits arise.


(I) Review with Human Resources Division the need to amend existing job descriptions for inspectors and the C80 to capture the duties prescribed by legislation.

2. Mandatorv Professional Indemnity Insurance Coveraae Enforced throuah Provincial Reaistration Svstem

The legislation requires mandatory professional indemnity insurance coverage for persons engaged in the business of providing design services to the public, and for RCAs. This insurance requirement will be enforced through a provincial registration system with an annual renewal.


These requirements help create a more fair liability system. The new legislation requires most designers as well as all RCA’s to have certain minimum insurance coverage. Unfortunately, the insurance coverage will lapse 2 years after any RCA goes out of business or immediately when a designer goes out of business. BRRAG had recommended to the Government that these insurance requirements continue for 10 years after the building was constructed. However, given the current insurance problems following 9/11, the cost of such insurance coverage was totally unrealistic and the government did not enact the runoff insurance coverage as recommended. Municipalities will therefore remain at risk until the ultimate limitation period of 15 years runs out for construction defects.


( I ) None to be taken by the municipality, given that the Province will ensure through the annual registration that the required persons and agencies will have the required insurance coverage.

3. Mandatorv ReDortina bv MuniciDalities on Permit Fees

The legislation requires mandatory reporting by municipalities on building permit fees, which will enhance transparency and ensure that building permit fees do not exceed enforcement costs. In addition, municipalities must provide annual building permit fee reports and hold mandatory public meetings before building permit fees are changed.


This requirement ensures that user fees do not become taxes. The legislation follows a recent Supreme Court decision that states that there must be a reasonable nexus between the user fee charged and the service provided. .

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London has had corporate guidelines for some 20 years (reported to the Board of Control, February IO, 1984) advocating that user fees generally follow the principles as noted below:

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fees should reflect benefit of service to the user; fees should be determined on the basis of the operating cost of the service; fees should not be designed to create profit; fees should not act as a deterrent to use.

Building permit user fees in London are designed to recover the full cost of issuing permits and conducting inspections. It must also be noted that London’s building permit fees are the lowest of any similar sized municipality.

However, as required by legislation we will have to calculate the costs of enforcement of the Building Code Act and the Building Code in London and determine permit fees from such calculations.

The implementation team is presently working on this issue. A draft list of all direct and indirect costs has been developed (see attached). This draft is consistent with a LMCBO draft and has been discussed with the London Home Builders’ Association. When this draft is finalized, a calculation can be performed with the assistance of all municipal departments that support in some way the activities of the Building Division with respect to Building Code enforcement.


(I) Determine all direct and indirect costs associated with the Building Code enforcement and calculafe permit fees in accordance with the Legislation;

(2) Prepare a report on fees and costs, including any reserve funds and make it available to the public who request it;

(3) Conducf a public meeting in accordance with the legislation and adopt a new fee schedule.

4. Code of Conduct for Buildina Officials

The legislation requires that the municipality adopt a Code of Conduct and put into effect enforcement procedures for its CBO and its inspectors. Section 7.1 .(2) (3) and (4) of the Act prescribes:

Purposes. The following are the purposes of a Code of Conduct: 66 (2)

a) To promote appropriate standards of behaviour and enforcement actions by the CBO and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.

b) To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the CBO and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.

c) To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under this Act or the building code by the CBO and inspectors. 2002, c.9, s.12

(3) Contents. A code of conduct must provide for its enforcement and include policies or guidelines to be used when responding to allegations that the code has been breached and disciplinary actions that may be taken if the code is breached. 2002, c.9, s.12

(4) to the attention of the public. 2002, c.9, s.12’ .

Public Notice. The principal authority shall ensure that the code of conduct is brought

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Agenda Item # Page # mm Implications for London

The implementation team has prepared a draft Code of Conduct, (see attached). This will be in addition to the existing Code of Conduct that applies to all employees of the Corporation, The draft code has been prepared based on a draft code from Large Municipalities Chief Building Officials, and codes from other professional groups such as the Professional Engineers of Ontario. The Human Resources Division will be involved in finalizing the Code and it's enforcement procedure.


( I ) Finalize the drafl Code of Conduct with the Human Resources Division; (2) Develop enforcement policies and the manner by which to communicate

the Code to the public.

SUBMIlTEZZJBY:

R. C*ermin*a, P. Eng. Director of Building Controls

Friday, April 02, 2004

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Attach.

C.C. R. Panzer, Acting General Manager of Planning & Development Implementation Team - D. Howe, A. DiCicco, L. Kent, S. McHugh, D. Webster

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Attachment to the Report to Planning Committee - April 13,2004

CITY OF LONDON

CODE OF CONDUCT FOR BUILDING OFFICIALS

Preamble

The Code of Conduct applies to the Chief Building Official and inspectors appointed under the Building Code Act in the exercise of a power or the performance of a duty under the Building Code Act or the Building Code. The purpose of this Code is to promote appropriate standards of behaviour and enforcement actions to ensure building officials apply standards of honesty and integrity, and to prevent practices constituting an abuse of power including unethical or illegal practices.

Standards of Conduct

Building Officials undertake to:

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2

3 4

5

6

7 8 9

Always act in the public interest, particularly with regard to the safety of building works and structures.

Not to act where there may be or where there may reasonably appear to be a conflict between their

duties to their employer, their profession, their peers and the public at large and their personal interests.

Apply all relevant building laws, codes and standards appropriately and without favour.

Perform their inspections and plan certifying duties impartially and in accordance with the highest

professional standards.

At all times abides by the highest moral and ethical standards and avoiding any conduct, which could

bring or tend to bring Building Officials into disrepute.

Comply with the provisions of the Building Code Act, the Ontario Building Code and other Acts or Laws

which regulate or govern Building Officials or their functions.

Not to act beyond their personal level of competence or outside their area of expertise.

Maintain current accreditation to act as an Ontario Building Official.

Maintain their knowledge and understanding of the best current building practice, the building laws and

Codes relevant to their inspection and building plan certifying function.

10 Extend professional courtesy to all.

Breaches of the Code of Conduct

The Ontario Building Code Act provides that the performance of Building Officials will be measured against this Code of Conduct. The Municipal administration will review any allegations brought forth that the Code of Conduct has been breached. Disciplinary action arising from violations of this Code of Conduct is the responsibility of the Municipal employer and will be based on the severity and frequency of the violation in accordance with relevant employment standards.

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Attachment to the Report to Planning Committee April 13, 2004

City of London Building Division

Guidelines for Calculatina Costs to Determine Buildina Permit Fees

Pursuant to the Building Code Act and Regulation 305/03

The following costs shall be included in determining the annual total cost of enforcing the Building Code Act and regulations (Building Code) in the City of London. The reference to staff throughout refers to the staff described in number 1 below.

1.

2.

3.

4.

5.

6.

7.

8.

Salaries and employee benefits for building code officials and clerical personnel assigned to the enforcing the Building Code Act and regulations including the receiving, processing, (including checking for applicable law compliance) issuing and filing of all applications, permits and related documents and specifications. This would also include the apportioned salaries and benefits of those individuals who are periodically involved in the enforcement of the BCA and regulations (not their primary job function) such as Fire Prevention Inspectors and Property Standards Inspectors.

Cost of vehicles used by the staff. Payments for this purpose may be in the form of mileage reimbursement paid to employees for use of their own motor vehicles, including authorized travel to conferences and out of town meetings.

Direct costs in support of the staff, such as computers (including software and licences) equipment, supplies, furniture, off ice equipment maintenance, standardized forms, printing, and safety equipment that are supplied directly to the staff for their sole use.

Professional expenses of staff that are directly related to the enforcement of the regulations, including publications, membership dues if a requirement of their job.

Subscription, license fees, training, and authorized travel to conferences, meetings and seminars.

Fees for services performed under contract by Registered Code Agencies.

Fees for legal and other consulting services required in connection with enforcement, application and plan review or litigation.

Subject to the limitations set forth below, indirect, overhead, and other expenses of the municipality in support of the staff, including:

Administration, including human resources, payroll and benefits personnel, and general training

Indirect

services provided to thestaff in common with-all other municipal off ices; Services shared jointly with other municipal off ices, such as telephone, reproduction, centralized computer services; Insurance fees except for group insurance premiums included under employee fringe benefits; General building maintenance expenses; Finance, including bookkeeping, purchasing, and auditing; Off ice space expenses, including rent or interest and debt service on municipal capital facilities but does not include any municipal costs which are recoverable through other legislation, eg. for development applications under the Planning Act.

and overhead expenses charged to the staff compared to the total costs shall not exceed the ratio of the municipal indirect and overheadexpenses to the entire municipal budget.

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Ontario Ministry of Ministgre des Municipal Affairs Affaires municipales and Housing et du Logement Planning and Development Division 777 Bay St 14* Floor

Division de la planification et de l’am6nagenleni uu iemioire 777. rue Bav 1 A* 6ia-n

Toronti ON MSG 2E5 .

MAR 2 4 2004 March 18,2004

Mr. Jeff A. Malpass, City Clerk City of London PO Box 5035, City Hall 300 Dufferin Avenue LONDON ON N6A4L9

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Mr. Malpass:

I am writing to provide you with an update on the implementation of the changes to the building regulatory system as a result of the Building Code Statute Law Amendment Act, 2002, which received Royal Assent in June of 2002. The regulations required to implement the Act, which amend the Building Code, were filed in July of 2003. Certain provisions came into force September 1, 2003, while most other provisions will come into force on July 1,2005.

Provisions that took effect September 1, 2003 include those that allow building officials and other building practitioners to take examinations related to Building Code knowledge, provide for a smooth transition for on-site sewage inspectors and installers who are already required under the Building Code Act, 1992 to have qualifications, and provide for certain “house keeping” changes.

Most provisions of the Act and amended Building Code, however, will take effect July 1, i 2005,

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ncluding: Mandatory qualifications for building officials, certain classes of designers, and Registered Code Agencies (RCAs) staff; The development and compliance with a Code of Conduct for building officials; The use of a common building permit application form; Timeframes within which decisions must be made on issuing a building permit; Stages of construction when a building must be inspected; Authority for municipalities to allow RCAs; and New rules governing building permit fees to enhance transparency.

The transition period is provided in order to give municipalities and industry sufficient time to prepare for their new responsibilities. It has also provided time for the Ministry of Municipal Affairs and Housing to put into place a qualification and registration system for building officials and other building practitioners. Over the past few months the Ministry has made substantial progress on implementing the qualification and registration system, and many building officials have participated in the examination program. In addition,

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the Ministry has been working with municipal building officials to identify areas of municipal operation which would be impacted by the changes to the building regulatory system.

The attached checklist has been designed to include brief descriptions of the general areas in which the building regulatory system has been changed and how these changes affect municipalities. Following the description, action items have been identified for municipalities to take in order to prepare for the full implementation of the building regulatory system changes. This checklist can also be viewed on the Building Code web site at www.obc.mah.rrov.on.ca.

You may also wish to visit the website for further information on the Building Code Statute Law Amendment Act, 2002 and the amendments to the Building Code. If you should have any questions please contact Ali Arlani, Director, Building and Development Branch at (41 6) 585-6665.

Since rely,

Joanne Davies Assistant Deputy Minister (Acting), Planning and Development Division

Encl. ,

Ministry of Ministere des Municipal Affairs Affaires municipales and Housing et du Logement

@ Ontario IMPLEMENTING CHANGES TO THE BUILDING CODE ACT AND BUILDING CODE:

MUNICIPAL CHECKLIST The Ontario Building Code (OBC) was amended through the filing of Ontario Regulation 305103. The amendments of most concern to municipalities take effect July 1,2005. This checklist outiines the actions municipalities should consider in preparing for July 1, 2005.

Qualification of Building OtEcials

As of July 1,2005, chief building officials and inspectors must be qualified to be appointed, and to remain appointed, under the BCA as a chief building official or inspector [Subsection 15.1 1. of the BCA and Section 2.16. of the OBC]. The qualifications that chief building officials and inspectors must have, include: (I) successful completion of an examination program administered by the Ministry of Municipal Affairs and Housing and (2) filing of information with the Director of the Building and Development Branch.

Actions:

D Municipalities should consider preparing a plan and budget for the participation of staff in examinations, and training, if needed. The plan could include an inventory of current staff qualifications and previous training mapped against current responsibilities. Gaps identified between current and required qualifications could be identified and the appropriate training provided

0 Municipalities should also consider developing plans concerning the filing of information with the Director, required for chief building officials, supervisors and managers, and inspectors as part of their qualification.

c1 With the introduction of qualification requirements for building officials, bylaws and policies concerning the appointment of building officials should be reviewed in order to determine if they should include references to the qualification requirements of those individuals.

March, 2004 Municipal Checklist Page 1 of 6

Code of Conduct

The Building Code Act, 7992 was amended to include a provision requiring that municipalities establish and enforce a code of conduct for chief building officials and inspectors, and bring it to the attention of the public [Clause 7.1 (1) of the BCA].

Actions:

0 Municipalities must establish and enforce a code of conduct for chief building officials

0 Develop enforcement policies and manner to communicate it to the public.

and inspectors in accordance with the BCA framework; and

Permit Application Form and Additional Plans and Specifications

As of July I , 2005 applicants for a permit to construct or demolish a building must use the permit application form that is approved by the Minister of Municipal Affairs and Housing [Clause 2.4.1 .IA.(Z) of the OBC]. The approved form, Application for a Permit to Construct or Demolish, is available for download from the Building Code web site at www.obc.mah.aov.on.ca or can be requested by contacting the Building and Development Branch at (41 6) 585-6666.

A requirement for the acceptance of an Application for a Permit to Construct or Demolish is that all applicable fields on the application form and required schedules be completed. In addition to those fields and schedules of the permit application form, municipalities may also require, through their building bylaw, the types and quantities of plans and specifications that must accompany the application form [Clause 7 (1) (b) of the BCA].

I Act ions :

Building 0 Bylaw

0 Municipalities should put plans in place for the use of the permit application form. This may include updating permit tracking software, application processing procedures, and adjusting existing building permit bylaws.

R Municipalities should examine their building bylaws to ensure they are adequate to meet the municipality’s needs for plans and specifications.

March, 2004 M u n ici pal Checklist

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Applicable Law

The definition of applicable law under the Building Code has been clarified to include a specific list of provisions that require compliance before a permit can be issued [Article 1 .I .3.3. of the OBC].

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Action:

0 Municipal plans review policies should be checked against the list of applicable law to identify gaps in internal and external approvals and to identify approvals that do not qualify as applicable law. For those policies that do not qualify, municipalities may need to devise alternative methods to facilitate compliance.

Permit Review

The amended OBC introduces timeframes in which building officials must make a decision regarding the issuance of a building permit. When a permit is not eligible to be issued, the building official is required to notify the applicant of the reasons, within the required timeframe. These timeframes are outlined in Article 2.4.1 .I B. of the OBC and are based on the class of building of which the permit applies.

Actions:

0 In preparation for meeting these timeframes for permit review, municipalities should review their application acceptance procedures in order to determine practices for the timely diversion of deficient applications.

0 Municipalities should also develop policies and procedures to co-ordinate various municipal departments that may provide comment during the permit review process, as well as policies and procedures for the review of outside documents and the process of verifying applicable law.

municipalities with respect to all or certain classes of buildings or enter into an agreement for the review of stock plans [Sentence 6(l)(b) of the BCA]. In addition, municipalities may consider authorizing the use of registered code agencies to meet service demands. [Section 4.1 of the BCA].

0 Municipalities may also consider agreements for joint enforcement with other

Approval of Equivalents

Under the Buikiing Code Act, 7992, a chief building official may approve the use of materials, systems and building designs that are not authorized under the Building Code, but in the opinion of the chief building official will achieve the level of performance required under the Building Code [Section 9 of the BCA]. Effective July 1,2005 the chief building official must make record of the decision, including the decision to allow the equivalent and all the documents provided by the person requesting approval for the equivalent [Clause 2.7.1.1. of the OBC].

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I Action :

P Municipalities should consider policies and procedures with respect to the approval of equivalents, including mechanisms for tracking decisions made, accompanying documentation for the decisions, and policy to release this information to the public.


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Registered Code Agencies

The Building Code Act, 1992 introduces additional service delivery options to municipalities in the form of registered code agencies (RCAs). [Section 4 of the BCA].

I Action:

0 Municipalities should review and assess their service delivery options with respect to the enforcement of the Building Code Act, 7992 and Building Code. In so doing, the municipality may wish to address the appointment of RCAs and put an operational plan in place.

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Inspection and Additional Notices

The OBC was amended to include stages of construction at which a builder is to give notice of readiness for inspection to a chief building official or registered code agency, where applicable. Municipalities may pass a bylaw for additional notices and specify the timeframes in which the notices must be made [Clause 2.4.5.2. of the OBC].

Municipalities will also be required to meet timeframes to undertake required inspections [Clause 2.4.5.3. of the OBC]. The timeframe to inspect on-site sewage systems is five working days and the timeframe to inspect other work is two days.

Actions:

0 Municipalities should identify if additional notices are required and reflect decisions to add notices in their building bylaw. Municipalities should also establish operational policies with respect to additional inspections, and amend builder communication materials.

c1 Timeframes for mandatory inspections may require adjustments in municipal policies and resources. Municipalities should develop operational plans in order to meet the requirements set under the Building Code. Plans may involve identifying gaps between existing service levels and service levels required as of July 1,2005.

Building 0 Bylaw

Prescribed Order Forms

As of July I , 2005 an inspector or chief building official must use the prescribed forms for the issuance of an order directing compliance with the BCA [Subsection 12(4), 13(1 .I) and 14( 1 . I) of the BCA]. The Ministry of Municipal Affairs and Housing is currently developing common order forms and will make them available either through the Ontario Building Code web site at www.obc.mah.aov.on.ca or they can be requested by contacting the Building and Development Branch at (41 6) 585-6666.


Action:

0 Municipalities should put plans in place for the implementation of common order forms.

Registered Code Agencies

The Building Code Act, 7992 introduces additional service delivery options to municipalities in the form of registered code agencies (RCAs). [Section 4 of the BCA].

Act ions :

Cl Municipalities should review and assess their service delivery options with respect to the enforcement of the Building Code Act, 7992 and Building Code. In so doing, the municipality may wish to address the appointment of RCAs and put an operational pian in place.

Setting Permit Fees

As of July 1, 2005 municipalities must set their permit fees so as not to exceed the anticipated reasonable costs of administering and enforcing the Building Code Act, 1992 and Building Code in its area of jurisdiction [Clause 7 (I) (c) of the BCA]. This is consistent with case law.

Actions:

0 Municipalities should develop policies and procedures around the calculation and setting of fees. In aligning permit fees with costs of enforcing the Building Code, municipalities may take the opportunity to set fees in such a way as to promote the submission of complete permit applications. Municipalities should also review fee provisions in their building permit bylaws and make adjustments where necessary.

Building 0 Bylaw

Annual Fee Report

Municipalities must also prepare an annual report outlining their fees and costs of Building Code enforcement [Subsection 7(4) of the BCA]. The report shall contain the following information:

The total fees collected in the 12-month period, ending no earlier than three months before the release of the report;

The direct costs of administering and enforcing the BCA, including the review of applications for permits and inspection of buildings;

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The indirect costs of administering and enforcing the BCA, including support and overhead costs; and

The amount of a reserve fund, if one has been established for any purpose relating to the administration or enforcement of the Act [Clause 2.23.1 .I. of the OBC].

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Action :

0 Municipalities should prepare policies and procedures with respect to the preparation and release of the annual report. In addition to preparing the annual report, the municipality must make it available to every person or organization that has requested the report and has provided the municipality with their address. Therefore, municipalities should establish mechanisms for tracking requests for the report.

Changing Permit Fees

As of July 1,2005 municipalities that wish to change their permit fees must give notice to interested parties and hold a public meeting concerning the proposed changes [BCA Subsection 7 (6) and Clause 2.23.1 2. of the OBC]. Notice of the public meeting must be sent by regular mail 21 days in advance of the meeting time. The following information must be made available to the public:

An estimate of the costs of administering and enforcing the BCA by the municipality;

The amount of the fee or of the change to the existing fee; and

The rationale for imposing or changing the fee.

Action:

CI Municipalities should set policies and procedures in place for changing permit fees and establishing a mechanism for tracking requests from interested parties. Policies and procedures surrounding public meetings should also be developed.

Keep in Touch

Additional implementation information is available on the Building Code web site at www.obc.mah.aov.on.ca including the changes to the Building Code Act, 7992 and Building Code, qualification, registration, examination and training information. Other elements will be added in the coming weeks including an updated, model building permit bylaw, standard Order forms, and new training initiatives. You may wish to stay informed by subscribing to the Branch’s e-mail newsletter, CodeNews.

pate: Municipalities may wish to discuss these changes to the Building Code Act, 7992 and Building Code with their solicitor.


obc - Bill 124 Fact Sheet (English) 6

Mtlimyof icipal Affairs

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Home / Publications / Bill 124 Fact Sheet (English)

Bill 124 Fact Sheet (English)

Fact Sheet Feuille de renseignements

Ministry of Ministere des Municipal Affairs and Housing et du Logernent

Affaires m un ici pales

@ Ontario

July 28, 2003

COMING INTO FORCE OF BILL 124: FACT SHEET

Implementation of Bill 124

On September 1, 2003 certain provisions of the Building Code Statute Law Amendment Act, 2002 (Bill 124) will come into force, while most other provisions will come into force on July 1, 2005. The regulation required to implement Bill 124 was filed on July 25, 2003. This reflects the stated commitment of the Government to proceed with the implementation of this legislation.

I n moving forward with Bill 124, the government is responding to long-standing concerns from various groups including builders, municipalities, building inspectors and citizens. Implementation of the legislation will streamline the building regulatory system, increase the safety and quality of building construction in Ontario, enhance accountability, and create a more transparent and innovation-friendly regulatory environment for the construction industry.

Bill 124 and its supporting regulation will take effect in two steps. Certain provisions will come into force on September 1, 2003, but most of the provisions do not come into force until July 1, 2005.

The two year implementation period gives sufficient time for a smooth transition to the new system. This implementation period will give municipal plans examiners and inspectors, designers, and persons engaged by Registered Code Agencies (RCAs), sufficient time to comply with qualification requirements and complete any courses they wish to take. The transition period will also provide time for designers and RCAs to become registered and insured. I n addition, the two year transition period provides time for municipalities to adapt to the new building regulatory regime.

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obc - Bill 124 Fact Sheet (English) * - r

Key provisions in Bill 124 and the regulation

Readers should refer to the actual legislation and the Regulation for full details and precise language.

Public Safety:

0 Mandatory provincial Building Code knowledge requirements will apply to building officials, persons employed or engaged by private inspection agencies (RCAs) and to persons responsible for design activities.

conducted within two working days of notification of readiness for inspection. 0 Mandatory inspections at key stages of construction as specified in the Building Code must be

Streamlining:

0 Specific time limits on building permit decisions, ranging from 10 days for houses to 30 days for com plex buildings.

0 A common, province-wide application form for permits to construct or demolish buildings. 0 Provisions which provide municipalities increased flexibility through the use of RCAs. In

addition to in-house enforcement or joint enforcement arranged by two or more municipal councils, municipalities are provided with additional Building Code enforcement options:

1. Appointing an RCA to undertake functions related to plans review and/or building inspections; and

2. Allowing permit applicants for house construction to directly appoint RCAs to undertake plans review and inspections.

0 Provisions that support design innovations and new building products include rulings by the Minister of Municipal Affairs and Housing approving alternative materials, systems and building designs. The legislation also gives the Minister the ability to issue binding interpretations of the Building Code.

0 An expedited route to the Ontario Municipal Board in the case of site plan disputes.

Accountability:

Provisions describing the roles of key parties in the building construction process including: designers; builders; persons, (eg. property owners), who cause a building to be constructed; manufacturers, suppliers and retailers of products intended to be used in buildings covered by the Building Code; RCAs; chief building officials; and inspectors. Mandatory professional indemnity insurance coverage for persons engaged in the business of providing design services to the public, and for RCAs. Qualifications and insurance requirements for designers and RCAs to be enforced through a provincial registration system with annual renewal. RCAs must register annually with the government, have qualified staff who have passed provincial Building Code exams, prepare and adhere to a ”quality management plan”, comply with conflict of interest provisions, and have on staff an architect or engineer where the RCA reviews or inspects buildings that need to be designed by an architect or professional engineer. Mandatory reporting by municipalities on building permit fees will enhance transparency and ensure that building permit fees do not exceed enforcement costs. I n addition, municipalities must provide annual building permit fee reports and hold mandatory public meetings before building permit fees are changed.

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2004-03 - 1 7

Documents

Agenda nn Item Page - London, Ontariocouncil.london.ca/CouncilArchives/Agendas/Planning...Provisions that SUDPO~~ Desian Innovations, New Products, Ministers’ Rulinas and Bindina