Renomark Program

1. Renomark Program Ontario Building Code Inspections Tony Boyko, Manager, Building Inspections

2. Why Have Inspections? • The bottom line … the Building Code was enacted in 1975 and provides for a uniform set of notices (inspections) for the permit holder to follow. • Building Code inspections provide homeowners and the general public, with a level of security knowing that the renovation of their home has been inspected for health and safety issues. • Renovators should ‘celebrate’ their reputation for obtaining permits and inspections. • For the renovator, consider the Building Code inspector as ‘your partner in trouble’.

3. Getting Started • Building permit application forms differ from municipality to municipality. • Rejected or Accepted? Building permit applications may be under go a cursory ‘front counter’ review or may be the subject of a formal preliminary plan review meeting. • Building permit applications are usually rejected for; Insufficient information on the drawings Non-compliance with applicable law, ie. zoning. • Under the Building Code Act, a person has the right to a building permit, unless, the proposed construction will contravene the building code or any other applicable law, the builder is not registered under the ONHWP Act, the application is incomplete or any fees due are unpaid.

4. The First Meeting • Before you start construction, call your building inspector and arrange for a first meeting. • What is a ‘first meeting’? It is your chance to review the project with the building inspector and establish;  The roles and responsibilities  Who will be calling for inspections (owner or renovator)  The stages of construction to be inspected  ‘Red lines’ on the building permit drawings  Requesting inspections; the what, when and how  Construction related hazards and neighborhood issues

5. Inspections Most municipalities require an inspection to be conducted at the following stages of construction;  Excavation  Sewers and drains  Foundation  Framing*  Heating and plumbing system rough-in  Insulation, vapour barrier and air barrier  Occupancy (includes heating, plumbing & exterior final) * If applicable, may include fire separations and fire resistance ratings. The list of inspections to be performed by a municipality can usually be found on the permit drawings or on the building permit card posted prominently on site.

6. When to Request (part 1) • When to request an inspection • It is expected that the construction supervisor has verified the building’s readiness for inspection before scheduling one. • Verifying readiness for construction should involve a walk of the renovation and if the work involved with the anticipated inspection is incomplete the inspection should not be scheduled or must be cancelled if it has been already requested. • Special circumstances • The exterior cladding should be completed prior to scheduling an insulation inspection. However, where circumstances are beyond the renovators control, temporary sealing of the building envelope with an approved material may be satisfactory during the interim.

7. When to Request (part 2)

8. How to Request an Inspection • The two most common methods of requesting an inspection are by fax or by phone. • Some municipalities have automated systems that are voice activated, telephone pad operated, live operator or direct contact with the inspector. Find out what method is available to you. • When requesting, an inspection have the following information ready, be accurate to avoid delays;  Building permit no.  Type of inspection  Date inspection required, a.m. or p.m.  Contact name and telephone no.

9. Same Day Service? • Most municipalities operate on a minimum 48 hour notice for an inspection to be conducted. This requirement would be written in the municipal Building By-law. • Next day service is available in various municipalities. For example, to schedule your inspection the next business day, simply request your inspection prior to 3:00 p.m. the day before you require your inspection. • Same day inspections are available. Contrary to public opinion, building inspectors do have a heart. While same day inspections are not usually formalized, they can be arranged where the inspector has time available. However, as a renovator you should not plan your construction schedule around receiving same day inspections.

10. Keep Your Inspector Company • A renovator has many other issues to juggle besides Building Code compliance and inspection. However, don’t lose sight of the importance of these requirements. Oversights can be embarrassing and expensive. Most municipalities expect a high standard of performance from you, the renovator. • Construction must proceed in strict accordance with the building permit documents. This may entail the transferring of some notes made by plan examination staff on the permit documents to all drawings you issue for construction. • Generally, the building inspector will not conduct an inspection without the approved building permit documents on the site.

11. Keep Your Inspector Company • You or a qualified employee should accompany the building inspector during the inspection. This person must have a very good understanding of the construction inspected. • During an inspection, many discussions take place that can have a direct result on how a deficiency should be corrected. Relying on an unqualified person to relay this information will cause confusion and delay. • Keep an inspection journal. Later, when deficiencies are discussed with the appropriate trade personnel, the journal may be referenced ensuring an accurate account of the situation.

12. Missed Inspections • Mistakes do happen. How? • You thought the other person called for the inspection. • You forgot to call for the inspection. • The building inspector did not receive the request. • Don’t be surprised if you asked to submit a report from a professional for missed inspections. Recent court decisions have put municipalities on notice that they must use whatever legal means they have to ensure construction complies with the Building Code. • Professional reports and pictures do not substitute for an inspection by a municipal building inspector. In most cases the record will show that the inspection was missed and possibly who was at fault. • Once identified, covered Building Code deficiencies will likely result in the issuance of an Order to Uncover.

13. Get it in Writing • If in doubt, ask for the results of your inspection to be put in writing, on a field inspection report. Reports can also help;  Improve communication between trades  Form part of your project history file  Indicate to the homeowner/client that your work is being inspected • Most municipalities issue some form of occupancy approval. Occupancy without a building inspection leaves the renovator and owner solely liable for any injuries that may result from inadequate construction. • Don’t be fooled. Permission to occupy may not be your final inspection. Ask your building inspector if the municipality issues a certificate of completion. Don’t let your client be unpleasantly surprised at mortgage renewal time, by finding out your renovation is not completed according to municipal records.

14. Miscellaneous • Do most building inspectors have their head in the clouds? Not really, especially when it comes to safety. A building inspector has a statutory obligation to inform an owner and any other person(s) in writing of an unsafe condition. The unsafe condition will usually be structural in nature, i.e. unsafe masonry chimney. • Some municipalities have a program that will speed up the issuance of a permit. Some conditions apply; residential projects only, no external approvals, zoning permitted, etc.

15. More Information? • Consult your local building department • http://obc.mah.gov.on.ca • www.city.markham.on.ca/building

16. Code of Conduct • Municipalities would be required to establish codes of conduct for CBOs and building inspectors in the course of their Code enforcement practices. [Sec. 12] • Municipalities would be required to enforce the codes, including establishing processes for responding to complaints and for taking disciplinary actions. [Sec. 12] • Municipalities would also be required to make the public aware of the existence of the codes of conduct. [Sec. 12] • Registered Code Agencies would also be subject to standards of conduct, which would be prescribed in the Building Code. [Sec. 8, 51(11)]

17. Issues • Registered Code Agencies • Mandatory Service Levels • Code of Conduct • Permit Fees

18. Permit Fees • To ensure consistency with recent Court decisions and to achieve accountability in the way that building permit fees are set, the proposed legislation would require that permit fees only cover the anticipated costs associated with the enforcement of the Building Code Act and the Building Code. [Sec. 11(2)]. • Where builders appoint RCAs, municipal fees would have to be reduced to reflect the portion of work done by the RCA.

19. Permit Fees • Annual reports would have to be provided to the public covering permit fees and Code enforcement costs. • Prior to a change in permit fees, a public meeting would have to be held. • Fees not expected to meet test on a project by project basis, but at the broader service delivery level.

20. Fees must reflect cost of services Doesn’t change the case law (Eurig) Must reflect a “nexus” between costs and fees over the long term Fees paid by beneficiaries of service, not others Fees apply only to the activities authorized Can include all related costs Reserve account is a valid cost Establishing User Fees

21. Issues • Registered Code Agencies • Mandatory Service Levels • Code of Conduct • Permit Fees • Qualifications & Accountability

22. Qualifications & Insurance • The proposed legislation would allow the Province to require that designers, builders and RCAs have insurance. [Sec. 27]. • The details associated with insurance would be prescribed. • The intent would be to require insurance coverage for seven years after construction for major structural defects. • The regulations would address type and scope of coverage, coverage levels, period of insurance, deductibles, exemptions, etc.

23. Qualifications & Insurance • The Bill would recognize ONHWP’s coverage. [Sec. 27] • Where no builder has been identified at the point of permit application or issuance, CBO could verify certain criteria are met before construction can occur, including that [Sec. 27]: • Builders have appropriate insurance; and • Septic system installers meet current Code knowledge qualifications.

24. Liability Limitations

25. Issues • Registered Code Agencies • Mandatory Service Levels • Code of Conduct • Permit Fees • Qualifications & Accountability • Site Plan Control

26. Site Plan Control • To Minimize potential delays which can result from disputes over site plan control conditions, it is proposed that the Planning Act be amended to provide for an expedited route at the Ontario Municipal Board for resolving disputes between land owners and municipalities about whether certain matters are subject to site plan control. [Sec. 56] • This would be done through a “notice of motion” which would result in final determination not subject to further review or appeal.

27. Site Plan Exclusions • Exclusions from site plan control • (4.1) The colour, texture and type of materials, window detail, construction details, architectural detail and interior design of buildings described in paragraph 2 of subsection (4) are not subject to site plan control. • (4.2) The layout of interior areas of buildings described in paragraph 2 of subsection (4), excluding interior walkways, stairs, elevators and escalators referred to in clause (c) of that paragraph, are not subject to site plan control.

28. Site Plan Disputes • (4.3) The owner of land or the municipality may apply to the Municipal Board (by means of a notice of motion for directions)to determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control and the Board shall make a final determination that is not subject to further appeal or review.

29. Next Steps for the Legislation • Normal legislative process anticipated: • Second reading • Committee hearings? • Third Reading & Royal Assent • If the legislation is passed, proclamation and implementation are expected to take eighteen months (was two years) following Royal Assent. • If passed, certain provisions could be introduced sooner, e.g., standard permit application, permit fee requirements, province-wide interpretations by Minister, site plan restrictions. • If the legislation is passed, MMAH would work with stakeholders to develop regulations to give effect to the new legislative requirements service

30. Municipal Next Steps • Quantify legitimate costs of delivering building control and other service • Establish a stabilization fund to address growth rate downturns • Identify resource implications of mandatory service levels and revise costs accordingly • Advocate for appropriate architectural controls to replace site plan exclusions • Resist the ‘builder choice’ of RCA • Establish procedures for managing RCA’s