Building Code Statute Law Amendment Act, 2002 Hodgson, Hon. Chris Minister of Municipal Affairs and Housing — Bill 124 (37th Parliament, 3rd Session)

Bill 124, 37-3

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Bill 124, Building Code Statute Law Amendment Act, 2002

Hodgson, Hon. Chris Minister of Municipal Affairs and Housing

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[37] Bill 124 Royal Assent (PDF)

Bill 124 2002

An Act to improve public safety

and to increase efficiency

in building code enforcement

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Building Code Act, 1992

1. The Building Code Act, 1992 is amended by

adding the following heading immediately before

section 1:

Interpretation

2. (1) Subsection 1 (1) of the Act, as

amended by the Statutes of Ontario, 1997,

chapter 24,

section 224, 1997,

chapter 30,

Schedule B,

section 1 and 1999,

chapter 12,

Schedule M,

section

1, is further amended by adding the following

definitions:

"change certificate" means a certificate prescribed under the building

code as a change certificate; ("certificat de modification")

"code of conduct" means a code of conduct described in

section 7.1; ("code

de conduite")

"final certificate" means a certificate prescribed under the building code

as a final certificate; ("certificat définitif")

(2) The definition of "inspector" in subsection 1

(1) of the Act, as amended by the Statutes of Ontario, 1997,

chapter 30,

Schedule

section 1, is repealed and the following substituted:

"inspector" means an inspector appointed under

section 3, 3.1, 4, 6.1 or

6.2; ("inspecteur")

(3) Subsection 1 (1) of the Act, as amended by the

Statutes of Ontario, 1997,

chapter 24,

section 224, 1997,

chapter 30,

Schedule B,

section 1 and 1999,

chapter 12,

Schedule M,

section 1, is further

amended by adding the following

definitions:

"plans review certificate" means a certificate prescribed under the

building code as a plans review certificate; ("certificat d'examen des

plans")

"principal authority" means,

(

a) the Crown,

(

b) the council of a municipality,

(

c) a county that has entered into an agreement under subsection 3 (5),

6.1 (1) or 6.2 (1),

(

d) a board of health that has been prescribed for the purposes of

subsection 3.1 (1) or has entered into an agreement under subsection 6.1

(2) or (3) or 6.2 (2),

(

e) a planning board that has been prescribed for the purposes of

subsection 3.1 (1), or

(

f) a conservation authority that has been prescribed for the purposes of

subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2);

("autorité principale")

"registered code agency" means a person or entity that has the

qualifications and meets the requirements described in subsection 15.11 (4);

("organisme inscrit d'exécution du code")

(4) Section 1 of the Act, as amended by the Statutes of

Ontario, 1997,

chapter 24,

section 224, 1997,

chapter 30,

Schedule B,

section

1 and 1999,

chapter 12,

Schedule M,

section 1, is further amended by adding

the following subsection:

Chief building official

(1.3) A reference to the "chief building official" in this Act,

other than in subsections 1 (1), 3 (2), (3) and (6) and

section 4, includes

an inspector who has the same powers and duties as the chief building

official,

(

a) in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2

(4); and

(

b) in relation to plumbing by virtue of subsection 6.1 (5).

3. The Act is amended by adding the following

section:

Role of various persons

1.1

(1) It is the role of every

person who causes a building to be constructed,

(

a) to cause the building to be constructed in accordance with this Act

and the building code and with any permit issued under this Act for the

building;

(

b) to ensure that construction does not proceed unless any permit

required under this Act has been issued by the chief building official;

and

(

c) to ensure that construction is carried out only by persons with the

qualifications and insurance, if any, required by this Act and the building

code.

Role of designers

(2) It is the role of a designer,

(

a) if the designer's designs are to be submitted in support of an

application for a permit under this Act, to provide designs which are in

accordance with this Act and the building code and to provide documentation

that is sufficiently detailed to permit the design to be assessed for

compliance with this Act and the building code and to allow a builder to

carry out the work in accordance with the design, this Act and the building

code;

(

b) to perform the role described in clause (

a) in respect of only those

matters for which the designer has the qualifications, if any, required by

this Act and the building code; and

(

c) if the building code requires that all or part of the design or

construction of a building be under general review, to perform the general

review in respect of only those matters for which the designer has the

qualifications, if any, required by this Act and the building code.

Role of builders

(3) It is the role of a builder,

(

a) to ensure that construction does not proceed unless any permit

required under this Act has been issued by the chief building official;

(

b) to construct the building in accordance with the permit;

(

c) to use appropriate building techniques to achieve compliance with this

Act and the building code; and

(

d) when site conditions affect compliance with the building code, to

notify the designer and an inspector or the registered code agency, as

appropriate.

Role of manufacturers, etc.

(4) It is the role of manufacturers, suppliers and retailers of

products that are intended for use in Ontario in the construction of a

building for a purpose that is regulated by this Act or the building code to

ensure that the products comply with the standards established under this Act

and the building code.

Role of registered code agencies

(5) It is the role of a registered code agency,

(

a) to exercise powers and perform duties under this Act and the building

code in connection with reviewing plans, issuing certificates, inspecting

construction and performing other functions in accordance with this Act and

the building code; and

(

b) to carry out the duties of a registered code agency under this Act and

the building code in respect of only those matters for which the registered

code agency is qualified under this Act and the building code.

Role of chief building officials

(6) It is the role of a chief building official,

(

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 this 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.

Role of inspectors

(7) It is the role of an inspector,

(

a) to exercise powers and perform duties under this Act and the building

code in connection with reviewing 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 conduct.

Limitation

(8) Nothing in this

section relieves any person or entity from

the duty to comply with any part of this Act or the building code or affects

the rights or duties of a person not mentioned in this

section in respect of

the construction of a building.

4. The Act is amended by adding the following heading

immediately before

section 2:

Enforcement Authorities

5. Subsection 2 (2) of the Act, as re-enacted by the

Statutes of Ontario, 1997,

chapter 24,

section 224, is repealed and the

following substituted:

Director

(2) There shall be a director of the Building and Development

Branch of the Ministry of Municipal Affairs and Housing who is appointed by

the Lieutenant Governor in Council for the purposes of this Act.

6. (1) Subsection 3 (1) of the Act, as

amended by the Statutes of Ontario, 1997,

chapter 30,

Schedule B,

section 2,

is repealed and the following substituted:

Enforcement by municipalities and counties

(1) The council of each municipality is responsible for the

enforcement of this Act in the municipality, except where otherwise provided

by this Act.

(2) Subsection 3 (2.1) of the Act, as enacted by the

Statutes of Ontario, 1997,

chapter 30,

Schedule B,

section 2, is

repealed.

(3) Section 3 of the Act, as amended by the Statutes of

Ontario, 1997,

chapter 30,

Schedule B,

section 2 and 2000,

chapter 5,

section

7, is further amended by adding the following subsection:

Records

(9) Every municipality and every county that has jurisdiction

for the enforcement of this Act shall retain such records as may be

prescribed by regulation for the prescribed period of time.

Section 3.1 of the Act, as enacted by the Statutes

of Ontario, 1997,

chapter 30,

Schedule B,

section 3 and amended by 1999,

chapter 12,

Schedule M,

section 2, is further amended by adding the following

subsection:

Records

(7) Every board of health, planning board and conservation

authority prescribed for the purposes of subsection (1) shall retain such

records as may be prescribed by regulation for the prescribed period of

time.

8. The Act is amended by adding the following

sections:

Enforcement by registered code agency

appointed by a principal authority

4.1

(1) Subject to this Act and the

building code, a principal authority may enter into agreements with

registered code agencies authorizing the agency to perform the functions

specified in the agreement in respect of the construction of any building or

class of building specified in the agreement.

Appointment

(2) After entering into the agreement with the registered code

agency, the principal authority may appoint the agency to perform specified

functions in respect of the construction of a building or class of

buildings.

Delegation of power to appoint

(3) The principal authority may delegate, in writing, to the

chief building official the authority to make appointments described in

subsection (2), and may impose conditions or restrictions with respect to the

delegation.

Same

(4) Unless otherwise provided in the building code, an

appointment of a registered code agency may authorize the agency to perform

all of the applicable functions described in

section 15.15,

(

a) before a permit is issued under

section 8;

(

b) after a permit is issued under

section 8; or

(

c) both before and after a permit is issued under

section 8.

Conflicts

(5) A registered code agency shall not accept an appointment in

the circumstances set out in the building code or if it would have a conflict

of interest as determined in accordance with the building code.

Effect of appointment

(6) A registered code agency shall perform the functions

specified in the appointment for the construction of a specified building or

class of buildings and subject to the restrictions set out in this Act and

the building code, and shall do so in the manner and subject to the

restrictions, if any, set out in the building code.

Same

(7) The duty of the registered code agency to perform those

functions begins when the appointment is made and ends when the appointment

expires as described in

section 15.19 or is terminated in accordance with

section 15.20.

Notice to the director

(8) A principal authority that appoints a registered code

agency shall give the director such information as may be prescribed by

regulation.

Enforcement by registered code agency

appointed by an applicant

4.2

(1) This section

Document details

Collection	Ontario — Bills
Citation	Bill 124, 37-3
Type	bill
Volume / chapter	p37 s3 bill 124 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a79d45c8907fec845c9404534762003c6627ec2b

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