2018-2022
Municipality of the Town of Petrolia
Council Handbook
Part 1
Mandi Pearson
Clerk/Operations Clerk
Table of Contents 3-4
5 - 108
Building Permit Guide 2018
Chief Building Official 109 - 127
Development Guide 128 - 150
Committee of Adjustment Overview 151 - 186
Baker Tilly 2022- 2026 Presentation 187 - 222
Incoming Council Clerks Dept Guide 222 - 250
Operations Presentation 251 - 284
CAO Introduction 285 - 340
Incoming Council Treasurer Deck 341 - 346
Procurement Flow Chart 347 - 373
Accessible Public Spaces Policy 374 - 434
George B. Cuff Guide
What Is A Building Permit?
A Building Permit is a document that grants permission to start construction of a building project.
Why Are Homeowners Required To Obtain Building Permits?
Permits ensure the construction within the Municipality complies with the minimum provisions
for the accessibility, life, health and safety of persons under of the Ontario Building Code,
zoning regulations and other applicable laws and standards.
What Construction Projects Require a Building Permit?
New buildings such as homes, detached garages, sheds, barns, manure pits, grain bins and
workshops;
Additions to an existing house such as a room, garage or carport, porch, addition of a
second floor level, finishing of a basement or an attic
Decks greater than 2 feet above finished grade and decks with a roof;
Renovations such as a new bathroom, enclosure of an existing porch, and
removal/alteration of interior walls;
Repairs to foundations, basements and crawlspaces;
Replacement of windows if opening is made larger;
Installation of a wood burning stove or outdoor wood furnace or fireplace;
Pre-fabricated structures, mobile homes and temporary buildings;
Installation of swimming pools; (fence requirement)
Installation of backflow preventers for lawn irrigation systems;
Demolition of an existing structure (farm buildings do not require a permit, but a house on a
farm does)
Septic Systems
Plumbing systems including water, sanitary and storm sewers
Tents for Weddings or special events (Temporary/Permanent)
Wind Turbines
Retaining wall exceeding 1,000mm in exposed height adjacent to public property, access to
a building or private property to which the public is admitted.
A pedestrian bridge appurtenant to a building
A crane runway
An exterior storage tank and its supporting structure that is not regulated by the Technical
Standards and Safety Act.
signs regulated by Section 3.15 of Division B of the 2006 Building Code that are not
structurally supported by a building
A solar collector that is mounted on a building and has a face area equal to or greater than
5m sq.
A dish antenna that is mounted on a building and has a face are equal to or greater than 5m
sq.
An outdoor pool that has a water depth greater than 3.4m at any point
A public pool and/or a public spa permanent solid nutrient storage facility with supporting
walls exceeding 1,000 mm in exposed height
Any tent over the size of 2500 sq. ft. requires a Professional Engineer's Report prior to
Occupancy being granted.
Any building/structure which is 6420 sq. ft. Or larger requires a Professional Engineer Design.
All Assembly Occupancies, Commercial, Industrial and/or Institutional projects (new or
renovations) require the services of a Professional Engineer and/or Professional Architect.
It is the responsibility of the Property Owner to obtain a permit.
Please Note:
This document is for reference only.
The Ontario Building Code regulations (and other applicable laws) apply at all times.
Please contact 519-845-5420 for further details or email [email protected]
for specific details regarding your inquiry.
What Projects DO NOT Require a Building Permit?
Driveways and sidewalks;
Fences, other than for swimming pools;
Decks less than 2 feet above finished grade with no roof
Replace roof shingles, siding, soffit and fascia, and eaves troughs;
Replace existing windows without increasing the opening size;
Installation of new kitchen cupboards;
Basic (non-structural) interior renovations, including furnace replacement
Construction of buildings smaller than 108 square feet
Please Note: Although a building permit may not be required, you must
comply with zoning by-laws and other applicable laws and regulations
as per Division A, Part 1 - 1.1.3.3 of the Ontario Building Code.
Permits & Approvals That May Be Required
County of Lambton *Plumbing *Signs
Building Services Department *Building (Construct or Demolish)
519 845-5420 *Septic Permits / Assessments
County of Lambton *Minor Variance *Re-zoning
Planning & Development *Development Control (Site Plan) *Woodlot
Services Department *Severance
519 845-0809 ext. 5341
County of Lambton *Entrance Permit
Public Works Department
519 845-0809 ext. 5345
Electrical Safety Authority *Electrical
1-877-372-7233
St. Clair Conservation Authority *Fill/Flood Line Regulated Area
519 245-3710
A GUIDE FOR NEW CHIEF BUILDING
OFFICIALS AND MUNICIPAL
COUNCILS
ONTARIO BUILDING OFFICIALS ASSOCIATION200
Marycroft Avenue, Unit 8Woodbridge, Ontario
L4L 5X4 Tel: 905-264-1662 Fax: 905-264-
7609
THE CHIEF BUILDING OFFICIAL
A GUIDE FOR NEW CHIEF BUILDING OFFICIALS
AND MUNICIPAL COUNCILS
Copyright © 2018 by OBOA
1
The Chief Building Official
A GUIDE FOR NEW CHIEF BUILDING OFFICIALS AND MUNICIPAL
COUNCILS
Copyright © 2018 by Ontario Building Officials Association
All rights reserved. This book or any portion thereof
may not be reproduced or used in any manner whatsoever
without the express written permission of the publisher
except for the use of brief quotations in a book review.
Printed in Canada
First Printing, 02-04-2018
ISBN Pending
Ontario Building Officials Association
200 Martcroft Avenue
Woodbridge, Ontario L4L 5X4
www.oboa.on.ca
2
Copyright © 2018 by OBOA
COMMENTARY
The following document is for informational
purposes only and is not intended to be the sole
source of information for a Chief Building Official,
(otherwise known as a “CBO”). One should consider
taking advantage of the many excellent courses
available through the Ontario Building Officials
Association for additional information and training
opportunities.
This publication is based on the Ontario Building
Code BCA as amended (1992) and the Ontario
Building Code (2012).
4
ACKNOWLEDGEMENTS
The information contained hereafter is based on a
publication produced in the mid 1980’s by the
Ministry of Municipal Affairs and Housing, which
was revised in 2003 by the Ontario Building Officials
Association. We express our thanks to the many
volunteer members of the Ontario Building Officials
Association that contributed to the development of
this guide. Barb Waldron, Erin Watson, Don Reed,
and the Ontario Building Officials Association Board
of Directors for their assistance of proof reading and
editing the document.
5
Table of Contents
Page
1. Commentary 4
2. Introduction 8
3. Roles 11
4. Duties of Council 14
5. The Appointment By-law 16
6. Identification 18
7. The Building By-law 19
8. Code of Conduct 22
9. Occupational Health and Safety 23
10. Execution of Duties 24
11. Customer Service 27
12. The Building Permit Process 28
13. Field Inspections 40
14. Inspection Reporting 42
15. Obtaining Compliance 43
16. Legal Tools 44
17. Property Standards 50
18. Records Management and Office Organization 51
19. Risk Management and Duty of Care
20. The OBOA 54
Appendix “A”- Code of Conduct for Building Officials
Appendix “B”- Typical permit application
Appendix “C”- Other applicable law
Appendix “D” - Sample Occupancy Permit
Appendix “E” - Sample Orders to Comply
Appendix “F” - Freedom of Information/Right to Privacy
6
INTRODUCTION The purpose of this guide is to provide advice to the
Chief Building Official (CBO) on fulfilling their day-to-
“CBO’s must not only have day duties and obligations. The complexities and
adequate ‘hard skills’ (i.e. technical variability of the CBO’s role make it impossible to
knowledge) but must also possess address every aspect of what may be encountered
well-honed ‘soft skills’ necessary to when administering and enforcing the Ontario
be effective in achieving code Building Code. This guide will attempt to highlight,
compliance.” in general detail the most frequently dealt with
matters encountered by a CBO.
Knowledge of the technical and legal aspects of the
occupation are critical but cannot be solely relied on
to be successful in the position. The CBO must also
utilize many social and personal skills such as:
•decision making,
•problem solving,
•time management,
•team building,
•effective communications and
• professionalism.
These skills become especially important for the
CBO as their duties require frequent interaction with
the public. Additionally, communicating with
elected officials, senior municipal officials,
designers, architects, professional engineers and the
media are an everyday occurrence for many CBO’s.
This guide is also intended to be a useful resource
for Mayors and councils to help them understand
the necessary and important role building officials
play in protecting the health, safety and welfare of
the public. Although a municipality employs the
Chief Building Official, the Building Code Act (BCA) is
the legislation that defines their duties and
responsibilities. More specifically, Section 19-(1) of
7
INTRODUCTION the Building Code Act clearly states that it is unlawful
CONTINUED for anyone to interfere with building officials
carrying out their duties.
The following summarizes the responsibilities of
Municipal Councils under the BCA:
•To appoint a Chief Building Official and sufficient
staff to administer the BCA and the OBC,
•To consider what would be a reasonable standard
of enforcement of the BCA and Ontario Building
Code (OBC), given the demand for services, available
resources and safety considerations, and provide
the appropriate level of resources to the building
department
•To pass a Building By-law,
•To exercise a management role in respect to the
building department’s activities to ensure that it is
soundly and ethically managed and operated, and
•To establish policies and follow processes that
ensure communication with other agencies that may
influence or be influenced by, your decisions –
applicable law reference – BCA s. 8-(2)(a).
Building Officials should keep their municipality’s
political officials informed of their procedural
policies, as well as the activities of their department.
Detailed reports and summaries of building
department activities and continued involvement of
council in all proposed procedural changes will all
contribute to achieving the necessary information
link.
Elected Officials must, in turn, realize that building
officials perform a statutory function and are bound
by law not to deviate from Ontario Building Code
requirements. They have an obligation and
8
INTRODUCTION responsibility to enforce the Building Code Act and
CONTINUED the corresponding regulations, (i.e. “the code”).
These duties cannot be overridden by administrative
or political directives.
“Sometimes, the Ontario Building 9
Code permits developments that
may not be in keeping with the
political will of Council. Municipal
Mayors, Reeves and Councillors
cannot interfere with the CBO’s
legislated obligation to issue a
permit. To do so can be
considered ‘obstruction’ and is an
offence under the Building Code
Act.”
ROLES ROLES OF BUILDING CODE ACT PRACTITIONERS
“Municipal Councils make ‘policy It is essential for all those named under the Building
decisions, CBO’s make Code Act to know and understand what their
‘operational’ decisions” respective roles are. One objective of the BCA is to
provide more certainty about what is expected of
practitioners under the Act. The legal responsibility
for:
•the administration of the BCA lies with the Minister
of Municipal Affairs
•the enforcement of the BCA lies with a Principal
Authority, and
•Exercising the duties and powers for the day-to-day
administration and enforcement of the BCA and the
provisions of the OBC lies with the appointed staff.
ROLE OF THE CHIEF BUILDING OFFICIAL
The Building Code Act states that it is the role of a
Chief Building Official, (CBO):
(a) To establish operational policies for the
enforcement of [the] 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 [the] 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.
10
ROLES Operational policies under Clause 1.1 (6)(a) of the
BCA fall within the realm of day-to-day activities in
Interestingly, when Building Officials managing the risk of liability which arise from
are doing their job well, no one exercising powers and performing duties under the
notices!! Building Inspectors truly are BCA and the OBC. As well, operational policies may
the ‘unsung heroes’ of modern society. include advising Council on:
Without sirens blaring or red flashing
lights atop their vehicles they quietly, •The enforcement model
each and every day, save more lives
than Fire, Police and Paramedic •Building By-law including ongoing updates
personnel combined.
•Staff appointments
•The code of conduct for Chief Building Officials and
Inspectors
•Administrative policies and resources
ROLE OF INSPECTORS
Most building departments will be served by more
than one staff person and the CBO will typically
manage these building officials. The duties and
responsibilities of individual staff member will
depend on the size of the municipality and workload
carried out. It is important for the CBO to be aware
of the legislative roles for each member of their
staff.
Under the Building Code Act, 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,
conducting maintenance inspections and issuing
orders in accordance with this Act and the building
code;
11
ROLES
(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. 2002, c. 9, s. 3; 2006, c.
22, s. 112 (2).
12
DUTIES OF COUNCIL
REPRESENTATIVE ROLE
Under the representative role, municipal councils
have a duty to provide services. In the case of the
enforcement of the BCA and the provisions of the
OBC, the duty to provide the service has been
assigned to the council of the municipality by
Subsection 3.-(1) of the BCA. Council fulfills its
responsibility by selecting the enforcement model
that best suits the needs and means of the
municipality. Council can delegate some of its
authority under the BCA to the CBO.
LEGISLATIVE ROLE
Under the legislative role council has the authority
to legislate. According to Subsections 5. (1) and (3)
of the Municipal Act, S.O. 2001, c. 25, the powers of
a municipality are to be exercised by its council and
shall be exercised by by-law unless the municipality
is specifically authorized to do otherwise. Using its
authority to legislate, council has three compulsory
things to do to fulfill its assigned responsibility to
enforce the BCA and the OBC:
1. Within the context of Section 7, pass a
"Municipal Building By-Law",
2. To satisfy Section 7.1, establish and enforce
a "Code of Conduct" for the CBO and the Inspectors
it appointed, and
3. "Appoint a Chief Building Official and such
Inspectors as are necessary"
EXECUTIVE ROLE
Under the executive role, council has a duty to
manage the affairs of the municipal corporation. For
the enforcement of the BCA and the OBC, council is
13
DQREUUGTAIILSEITSFRIOCAAFTTICOIOONUNNS CAINLD to oversee the activities of staff, adopt enforcement
policies and ensure that the municipality's financial
and personnel resources are used as efficiently as
possible in fulfilling its assigned responsibility to
enforce the BCA and the provisions of the building
code.
COUNCIL / STAFF RELATIONSHIP
A positive Council/Staff relationship is important for
accomplishing the municipality's responsibility to
enforce the BCA and the provisions of the OBC.
Effective communications between staff and council
by way of monthly and annual activity reports and
on-going policy and procedure development should
not be underestimated. An informed council knows
that building officials are bound, by law, not to
deviate from their assigned powers and duties. The
management of a Municipal Building Department is
a dynamic exercise which requires ongoing
monitoring and adjustment.
“A number of factors will contribute
to a good relationship between the
council and the administration.
These include goodwill, The Building Code Act provides that, Chief Building
Officials and Inspectors are not eligible for
understanding of roles,
14
communication, protocols and a
good understanding of legislative
requirements.”
APPOINTMENT BY-LAW
appointment and are not to remain appointed
unless they have the qualifications set out in OBC.
To become qualified, chief building officials and
inspectors, must:
1. Successfully complete a Legal/Process
examination associated with the position of the BCA
practitioner, attesting to the person's knowledge of
the BCA and the OBC, and
2. Successfully complete one or more of the
twelve technical examinations identified in Rows 1
to 12 of Div. C, Table 3.5.2.1., attesting to the
person's knowledge of the OBC, and
3. Register with the Director including payment
of applicable fees
The Classes of Registration, Categories of
Qualifications and Type of Building are:
1. House 7. HVAC - House
2. Small Buildings 8. Building Services
3. Large Buildings 9. Building Structural
4. Complex Buildings 10. On-site Sewage Systems
5. Plumbing - House 11. Detection, Lighting and Power
6. Plumbing - All Buildings 12. Fire Protection
Inspectors with partial qualifications may be
appointed if enrolled in an internship program
approved by the Minister, under Div. C, Article
3.1.4.3. This allows Building Inspectors to perform
their duties, under the watchful eye of a mentor,
until they are fully qualified for their role. It should
be noted that the Internship Program is not available
for Chief Building Officials. Consequently, CBO’s
must possess the all pertinent qualifications to
perform their duties. The OBOA has an approved
Internship Program that a municipality can utilize.
To achieve the proper authority to perform their job,
the CBO must be appointed by a By-law passed by
15
APPOINTMENT BY-LAW
Council. This is identified in Section 3.(2) of the BCA.
This appointment is necessary as it empowers CBO’s
to carry out their duties. Once appointed, the CBO
will have the authority to:
•issue building permits,
•to revoke permits,
•to issue Orders to Comply
•Stop Work Orders
•Orders not to Cover
•Orders to Uncover and
•Emergency Orders
Although Building Officials are likely to be called
“building inspectors” by most people, being
appointed in the By-law as an inspector does not
give all the enforcement authority a Building
Department requires. In certain instances, Building
Inspectors must turn to the CBO for high-level
decisions that lead to actions such as issuing Stop
Work Orders, Orders to Uncover and revoking
permits.
Building Officials shall also be appointed as are
necessary for the enforcement of the BCA in the
areas in which the municipality has jurisdiction.
16
IDENTIFICATION
Identification issued in the form of a certificate
signed by the municipality’s clerk is required under
Sections 3(8) of the BCA and is required to be carried
by the CBO and Building Inspectors under Section
15.23 of the BCA. This certificate will identify the
building officials to the public. This is particularly
crucial when permission is needed to enter into a
person’s dwelling to perform an inspection or enter
on land when uninvited. A credit-card-sized
identification card with:
•the building official’s photo,
• name,
•clerk’s name and signature, and
•the name of the municipality
would be adequate identification.
By virtue of having been appointed to enforce
municipal By-laws, the Chief Building Official
automatically become a Provincial Offences Officer.
The CBO may wish to carry a badge that indicates
this title particularly when having to assert authority
or maintain personal safety. However, displaying
this badge when unrequired can be
counterproductive to working collaboratively with
gain compliance.
17
THE BUILDING BY-LAW
Many of the administration requirements for a
municipality are contained in the Building By-law
passed by Council under Section 7.(1) of the BCA.
The by-law sets out the authority and
responsibilities the Chief Building Official is given for
processing building permits and carrying out field
inspections.
Section 7.1(a)-(j) sets out those matters a municipal
council should consider including in the by-law. If a
Council has not yet adopted a building by-law or is
thinking about making amendments to its current
by-law, there are many samples available for
reference on the Build Right Ontario web site
through the OBOA.
18
THE BUILDING BY-LAW
The following are items that can be regulated within
the Building by-law:
1. the classes of permits for day-to-day use in
your municipality such as a building permit and a
demolition permit;
2. specific requirements when someone applies
for a permit i.e. an application, site plan, building
plans and other related approvals and the required
number of copies of building plans to be submitted;
3. the fees for obtaining a permit along with a
provision for refunds if, for example, the applicant
withdraws the application. It is prudent to place the
fees in a “Fees Schedule”, so that revision of the fees
does not require the whole by-law to be changed;
4. a statement that the onus is on the applicant
to notify you within a specified period of time before
each inspection required by the Building Code so that
you can schedule the proper inspections;
19
THE BUILDING BY-LAW
5. the forms to be used, i.e. the permit
application form, building and demolition permits as
well forms used for orders. These are usually
attached as schedules to the by-law;
6. specify whether the applicant should submit
drawings of the building after it is completed if there
was variation from the original plans;
7. provide for the fees and method of transfer
of permits to a new owner when the land changes
hands;
8. and finally, may require the erection of
fences to enclose the construction or demolition and
prescribe the height of such fences.
It is important to note Section 7.(2) of the BCA
states; “the total amount of the fees must not
exceed the anticipated reasonable costs of the
principle authority to administer and enforce this
Act in the area of jurisdiction”. More specifically,
building permit revenues cannot be used as a form
of taxation and cannot be added to the levy. The
BCA also contains legislative requirements on
reducing, reporting on and changing fees.
20
CODE OF CONDUCT
The Building Code Act requires a Code of Conduct to
be established and enforced for the Chief Building
Official and inspectors, by the council of a
municipality
The Code of Conduct must address appropriate
standards of behavior and enforcement actions by
the chief building official and inspectors in the
performance of their duties and prevent practices
that may constitute an abuse of power, unethical
behavior or illegal practices. Its purpose is to
promote appropriate standards of honesty, integrity
and ethical behaviour in the exercise of power by the
chief building official and inspectors.
The code of conduct must include guidelines to be
used when responding to allegations that it has been
breached and the appropriate disciplinary actions.
An example of a code of conduct for the chief
building official and inspectors can be found in
Appendix ‘A’.
21
OCCUPATIONAL HEALTH The Occupational Health and Safety Act (OHSA)
AND SAFETY imposes an obligation on employers to provide
prescribed training programs for workers,
supervisors and joint health and safety committee
members. Building officials must be trained by their
employers on the use of equipment, protective
devices or clothing and the hazards of construction
sites.
Section 27 of the OHSA requires supervisors to
ensure that a worker works in the manner and with
the protective devices and procedures required by
the Act and regulations. A building official should be
familiar with the technical requirements for:
•head protection,
•foot protection,
•eye and ear protection,
• guardrails,
•fall protection training and
•fall arrest training.
They should also be aware of any systems in place
for entry and work in confined spaces.
When attending construction sites, building officials
must adhere to the safety requirements prescribed
by the constructor. For example, during the summer
months, some building departments allow shorts to
be worn by building inspectors. If an inspector is
visiting a construction site where full length pants
must be worn, he/she must abide by the
construction site rules.
“All workers have the right to return 22
home each day safe and sound.
Preventing work-related illness and
injury is the most important job at any
workplace.”
EXECUTION OF DUTIES
APPROACH
There are no specific set of rules that can be applied
to the way a building official approaches their duties.
Oftentimes the roles that they are asked to perform
are contradictory in nature and finding a balance to
fulfilling those obligations can be difficult.
It is critical to remember, however, that the primary
objective for every building official in carrying out
their duties is to protect the health, safety and
welfare of the public. Ultimately, a building official’s
chosen behaviors, methods and actions must
achieve those goals as pragmatically as possible. The
right approach requires an individual to be skillful in
many non-technical areas that include; decision
making, problem solving, time management and
consistency. To be successful as a building official, an
individual need to have developed these skills.
PROFESSIONALISM
Professionalism as a building official is more about
how one conducts themselves on the job and not so
much on appearance although that can be an
important component. The environments that a
building official works in dictates the attire but
consideration should always be given to dressing
with a neat and clean appearance.
The attributes that person must possess in order to
be perceived as a professional include; specialized
knowledge, effective communication, confidence,
fairness, respect, honesty and integrity.
23
EXECUTION OF DUTIES
CONFIDENCE
A Chief Building Official must make many decisions
in carrying out their day-to-day duties. To effectively
perform their role they must be confident with the
decisions they are making. The key to gaining
confidence is becoming knowledgeable on the
subject matter you are enforcing, in this case the
BCA and the Building Code. An effective building
official must have a fulsome understanding of the
science of building, the origins and development of
the Code and how its regulations and provisions
work together. To evaluate alternative solutions, (or
any performance based approach), the building
official must also have a solid understanding of the
intent of the Code.
As a building official gains experience they will begin
to have a broader understanding of all parts of code,
leading to a heightened confidence when
enforcement becomes necessary. However, this
familiarity takes time. Staying abreast with the ever-
changing provisions of the building code, (known as
a ‘living document’ because of its frequent revisions,
refinements and enhancements), can prove to be a
challenge. It is important that building officials be
given the opportunity to develop their knowledge
base and network with others in the profession.
Effective building officials also gain their confidence
by having the support of the people they work with
and for. Municipal Councils and senior staff should
be cognizant of the fact that the primary objective of
the building official is to protect the health, safety
and welfare of the community and to support
him/her in that duty. The role of the Chief Building
24
EXECUTION OF DUTIES
Official includes building the confidence of the
people working in their department by providing
encouragement and supporting the decisions they
make. Many junior building officials rely heavily on
the mentoring and/or coaching opportunities that
can be best provided by a seasoned, knowledgeable
and more senior building official.
25
CUSTOMER SERVICE
Providing superior customer service is essential for
building officials to gain public trust, build credibility
and ensure safe and healthy buildings. A customer
can be any member of the public who interacts with
building officials and includes:
•property owners,
•permit holders
•designers, (including Architects and P. Eng’s)
• developers
• contractors,
•tradespeople and
•material suppliers.
In providing a public service, building officials are
expected to interact in a professional and courteous
manner and to be helpful and willing to educate at
all times.
However, this can be interpreted as contrary to the
objectives of the building official when enforcing
construction regulations that protect the health and
safety of the public. The public and elected officials
must concede that customer service does not imply
that the building official must be accommodating to
the wishes of the applicant or builder and simply
give them what they want.
A building official must be respectful to the people
they are dealing with, not only when compliance is
being gained voluntarily, but also when dealing with
difficult enforcement situations. Good customer
service does not cost anything.
26
THE BUILDING PERMIT While the Building Code contains prescribed
PROCESS timeframes for the Chief Building Official to decide
to issue or refuse to issue a permit, there is no set
methodology on how to arrive at that decision. This
administrative process differs by municipality and
can depend on such factors as population,
geographic area or level of staffing. It is important
that the CBO employ consistent approaches to the
application process and have clear and disclosed
procedures in place.
Typically, the key steps in the process include:
1. Receiving the building permit applications
and supporting documents;
2. Reviewing plans for conformity to the BCA
and Building Code and other applicable law
3. Collecting fees and issuing permits;
4. Conducting field inspections;
5. Writing inspection reports; and
6. Maintaining building records.
Each of these steps is dealt with in detail below.
THE APPLICATION
An application for a permit to construct or demolish
a building may be made by the owner of the
property or the authorized agent of the owner. An
application for a permit under Subsection 8. (1) of
the BCA is deemed complete and ready to be
submitted to the Chief Building Official for the plans
review activity when the application:
27
THE BUILDING PERMIT 1. is in the form approved by the Minister,
PROCESS
2. is signed by the owner or the authorized
agent of the owner,
3. has all its applicable fields and required
schedules completed,
4. has all indicated attachments submitted
with the application, and
5. is accompanied by the types and quantities
of plans and specifications prescribed in the
instrument enacted under Section 7 of the BCA by
the Principal Authority (the municipal building by-
law).
The municipal building by-law should include
specific requirements of what will constitute a
“complete application” including a list of types and
quantities of drawings and other documents for
various types of projects. The list will most likely be
different for a house than for a multi-storey
apartment building. A benefit of prescribing the
requirements for drawings and other documents is
transparency to inform the applicant of the various
requirements. Access to the municipal building by-
law via the municipal website is another positive
step towards effective customer service.
APPLICATION FORM
The application form requires a broad range of
information including building code specifications.
Application forms should not be considered as a
substitute for building drawings. They are used to
identify the applicant, enable you to assess
compliance with other applicable law.
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THE BUILDING PERMIT Page 1 in Appendix ‘B’ depicts the prescribed
PROCESS application form.
SITE PLAN
The site plan, as depicted on Page 7 of Appendix ‘B’,
is particularly important in providing information
that will determine conformity to the municipal
zoning by-law and in helping the Plans Reviewer
relate the proposed construction to actual site
conditions. Although the following information is
typically required, Building officials may wish to
adapt the form to the municipality’s needs.
•site or lot dimensions and shape
•front, rear and side yard setbacks
•gross floor area and building coverage
•access routes with road/street names, driveways
•easements including overhead electrical service
lines
•rights-of-way
•parking area
•municipal services
•septic system location (rural applications)
•north arrow
•legal description of the property
•bearing angles and lengths for each lot line
•Ontario Land Surveyors (OLS) certificate
•grading and drainage information of the plan
PLANS, DRAWINGS AND SPECIFICATIONS
29
THE BUILDING PERMIT Building drawings are the prime source of
PROCESS information for the CBO in determining compliance
with the requirements of the Building Code.
Although the types of drawings required may vary
from one municipality to the next, the building
should be graphically described through a
combination of floor plans, foundation plans,
elevations, sections and details. The drawing
requirements for each municipality are prescribed it
the Building By-law. It may be useful to include
sample drawings in describing to the public what is
required.
Specifications are documents that describe methods
and/or materials of construction. These may help to
clarify the building drawings and are a common
addition to larger or more complex buildings.
Where a Material, System or Building Design is not
regulated in the prescriptive requirements of
Division B of the Code, an Alternative Solution (AS)
can be applied for, (see OBC Div. C - Section 2.1 for
additional information).
An Alternative Solution is a substitute for an
acceptable solution found in the prescriptive
requirements. The person proposing the use of an
AS shall provide documentation to the CBO that:
(a) identifies applicable objectives, functional
statements and acceptable solutions, and
(b) establishes, on the basis of past performance,
tests described in Div C Article 2.1.1.2. or other
evaluation that the proposed alternative solution
will achieve the level of performance required under
Article 1.2.1.1. of Division A.
APPLICABLE LAW
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THE BUILDING PERMIT Section 8(2)(a) of the BCA states that a permit
PROCESS cannot be issued if it "will contravene any other
applicable law". The CBO is responsible to verify the
application against the applicable laws listed in Div.
A - Article 1.4.1.3. When required approvals from
other ‘authorities having jurisdiction’ are not
attached to confirm compliance with said
"applicable law", this would make an application
incomplete and is cause to not issue the permit.
Some of the more common examples of applicable
law are:
THE PLANNING ACT
Passed under Section 34 of the Planning Act, R.S.O.
1990, c. P.13, zoning by-laws list what a property
may be used for and regulate things such as the lot
area, setbacks from property lines, structure height,
primary building coverage, accessory building
coverage, parking, etc. A building permit cannot be
issued if the proposed construction will contravene
the zoning by-law even if the difference is only a few
inches. A contravention may be rectified by either an
amendment to the zoning by-law passed by Council
or the granting of a minor variance by the
Committee of Adjustment.
MUNICIPAL ACT
Depending on the type of road the property fronts
on, the entrance may be regulated by a county or
local municipality. This, in turn, will affect the
location of entrances or driveways and often the
installation of culvert.
THE ONTARIO HERITAGE ACT
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THE BUILDING PERMIT Where the Council proposes to designate, or has
PROCESS designated, a building under this Act which has
historical or architectural value, a building permit
cannot be issued without the approval of Council.
Similarly, a demolition permit cannot be issued for
designated buildings without Council approval or
until permitted under the BCA.
PUBLIC TRANSPORTATION AND HIGHWAY
IMPROVEMENT ACT
Under this Act, the Ministry of Transportation
Ontario (MTO) issues permits controlling the
entrances and locations of all buildings, structures
including signs or additions adjacent to a provincial
highway corridor. The area of control may vary
depending on the type of highway and proximity to
freeway interchanges or the intersection of
provincial highways. Controls may also apply even if
access is to an adjacent municipal road.
CONSERVATION AUTHORITY ACT
Conservation Authorities have developed
regulations which require permission for the
construction of a building or structure, if in the
opinion of the authority, the control of flooding,
erosion, dynamic beaches or pollution or the
conservation of land may be affected by the
development.
THE CLEAN WATER ACT
The Clean Water Act has ensured communities
protect their drinking water supplies through the
development of source water protection plans. A
person shall not construct or change the use of a
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THE BUILDING PERMIT building in a vulnerable area identified by a source
PROCESS protection plan unless the risk management official
issues a notice to applicant
It is the responsibility of the applicant to obtain the
necessary approvals to achieve compliance with all
applicable law. The chief building official must be
satisfied that that has been achieved and be
provided with documentation to demonstrate
compliance. This proof can be in different forms but
typically of a copy of the additional approvals should
accompany the building permit application. Some
building departments provide forms to the applicant
indicating what approvals are required as part of the
application (see Appendix ‘C’ for an example). A
building department may also circulate a form
within the municipality to ensure other
departmental requirements are met.
ONTARIO NEW HOME WARRANTIES PLAN ACT
The warranty program under the Act is mandatory in
Ontario if a new home is being constructed as a
“turn-key” project for resale. The Warranty Program
(known as ‘TARION’) provides protection to
homeowners against certain deficiencies in
construction. Builders must provide a registration
number before a building permit can be issued if
he/she is supplying all of the materials and labor
under a single contract. If the owner is building a
home for personal occupancy and is acting as his/her
own general contractor and the home is not for
resale, or the project is for a seasonal cottage, the a
TARION registration is not required. However, it is
wise to have the applicant sign a declaration in this
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THE BUILDING PERMIT situation. Heavy timber construction is also exempt
PROCESS from TARION coverage.
DESIGN AND GENERAL REVIEW
As per Section 11 of the Architects Act and Section
12 of the Professional Engineers Act, certain building
types are required to be designed by an Architect,
PEO licensee, or both.
Upon reasonable grounds, the CBO may refer
drawings, plans or specifications accompanying
applications for permits or the reports arising out of
the general review of the construction of a building
to the Association of Professional Engineers of
Ontario or the Ontario Association of Architects for
the purpose of determining if the Professional
Engineers Act or the Architects Act is being
contravened.
As per Section 8(9.1) of the Ontario Building Code
Act, at the request of the Association of Professional
Engineers of Ontario or the Ontario Association of
Architects, the chief building official shall refer
documents and information described in subsection
(9) to those associations for the purpose of
determining if the Professional Engineers Act or the
Architects Act is being contravene.
PLANS EXAMINATION
Reviewing building plans for compliance with the
Code is an essential task of the permit application
process. Identifying issues with the proposed design
prior to commencement of construction can avoid
lengthy and costly delay later in the project. It is
important that the building official carefully review
all plans and specifications submitted in support of
34
THE BUILDING PERMIT the application against all areas of the Code.
PROCESS Projects under the design and general review of an
engineer or architect should also be reviewed to
The difference between the words ensure completeness.
‘may’ and ‘shall’ must be recognized by
building officials. When the Act Some building officials undertake all plans review
stipulates a “CBO shall issue a permit functions for a municipality but there may be
…” the duty can be delegated to staff or situations where this task is shared amongst staff
performed by the CBO. When the Act such as zoning administrators, fire chiefs, municipal
stipulates that the “CBO may issue a engineers, etc. Procedures should be set in place for
Stop Work Order …” the authority these people to review the plans quickly and
cannot be delegated: the action of efficiently. This can be done by attaching or using a
issuing a Stop Work Order can be circulation list to the plans.
performed by the CBO only.
FEE COLLECTION
The council of a municipality may pass by-laws,
requiring the payment of fees on applications for
and on the issuance of permits, and prescribing the
amounts of the fees. Arrangements should be made
to collect fees. While the practice varies, most
municipalities require the fees to be paid before the
permit is issued.
The total amount of the fees authorized under
clause (1) (c) must not exceed the anticipated
reasonable costs of the principal authority to
administer and enforce this Act in its area of
jurisdiction
Every 12 months, each principal authority shall
prepare a report that contains such information as
may be prescribed about any fees authorized under
clause (1) (c) and costs of the principal authority to
administer and enforce this Act in its area of
jurisdiction.
ISSUANCE OF THE PERMIT
35
THE BUILDING PERMIT According to Subsection 8. (2.2) of the BCA: when an
PROCESS application for a permit contains the prescribed
information, the CBO is required to determine
For proper filing reasons, and for the within the period prescribed by regulation, whether
ease of retrieval later, a Building to issue the permit or to refuse to issue it.
Permit numbering system should be
created. Either via prefixes or suffixes, The prescribed period within which a permit is to be
the year in which the permit issued or refused is found in Article 1.3.1.3. and
application was made should form Table 1.3.1.3. of Division C. During this prescribed
part of the permit number. Other period, Subsection 8. (2) of the BCA imposes a duty
identifiers can also be incorporated in upon the CBO to issue the Building or Demolition
the permit number, such an ‘R’ for Permit, required by Subsection 8.-(1) of the BCA, or
residential, ‘S’ for septic, ‘P’ for when the application fails to satisfy the conditions of
plumbing etc. Whatever works best, Clauses 8. (2)(a) to (f), to refuse it and inform the
providing the system is consistently applicant of all of the reasons for the refusal as
used, is at the discretion of the CBO or directed by Subsections 8. (2.2) and
the City Clerk. Filing permits by
municipal address is most effective for After the application and related documents have
future research/retrieval, but filing been reviewed, the CBO will be in the position to
permit by municipal role number can decide whether to:
also prove to be effective.
1. issue the permit (where all requirements are
complied with),
2. reject the application where major revisions
are required or other approvals cannot be given, or
3. give conditional acceptance provided
corrections, usually minor, are made by the
applicant.
Where minor or major revisions may be required
before a permit can be issued, it is important that
these be carefully explained to the applicant either
by the CBO or by his/her delegated staff to whom
they are referred, (i.e. for zoning or municipal
services). The proper method of notice is to provide
a letter to the applicant itemizing the deficient item.
36
When issuing the permit it is recommended to advise all applicants of their
responsibilities during construction. They should understand that the onus is on the
owner/builder to:
1. Post the building permit in a conspicuous location so that it can be seen from
the street.
2. Keep a set of the approved building plans on the construction site.
3. Notify the building department when each stage of construction is
completed. Once notice is given, the building official has 48 hours in which to
perform an inspection. These stages are specified in Division C Article 1.3.5. of the
Code, and are summarized below:
a. readiness to construct footings,
b. substantial completion of the footings and foundations, prior to backfill,
c. substantial completion of the framing, ductwork and piping for HVAC
systems,
d. substantial completion of insulation and vapor barrier systems
e. substantial completion of air barrier systems,
f. readiness for inspection and testing of plumbing systems, including drainage,
venting and water systems
g. substantial completion of fire separations, closures and fire protection
systems,
37
FTPIHREOELDCBEUINSISLSDPIENCGTIPOENRSMIT h. substantial completion of interior finishes
and heating, ventilation, air conditioning, and air
contaminant extraction. (optional under Div C,
1.3.5.2)
i.substantial completion of exterior cladding, and
site grading. (optional under Div C, 1.3.5.2)
j.substantial completion prior to occupancy.
Note that these requirements may be different for
Part 3 vs Part 9 buildings.
4. Advice of any proposed changes in the
building plans, prior to construction based on new
information, since these will require the building
official’s approval.
“Building Inspectors represent the last Building Inspectors must enter upon land and into
line of defence in Building Code buildings to carry out inspections. For their work to
compliance.”
38
FIELD INSPECTIONS
be lawful, they must have a legal right to be on the
property. Under the authority of Subsection 12. (1)
and paragraph 1. of Subsection 15.17 (3) of the BCA,
building officials are empowered to:
Enter upon land and into buildings at any reasonable
time, without a warrant, for the purpose of
inspecting the building or site in respect of which a
permit is issued or an application for a permit is
made.
In carrying out field inspections, a building official
has two objectives:
1. to assist builders in meeting the
requirements of the Code, and
2. to ensure that contraventions are detected
and remedied.
At each stage of construction specified in the OBC,
the owner or person authorized shall notify the
building department that the construction is ready
to be inspected. After the notice is received, a
building official, must, within the prescribed period,
carry out the inspection required by the OBC.
DISCRESIONARY INSPECTIONS
In addition to the inspections carried as the result of
being notified of the various stages of construction
in accordance with the Building Code, there are
optional or discretionary inspections a building
department may also require. Discretionary
inspections may consist of an early site inspection
before construction starts to help to identify site
conditions that may influence building requirements
and inspections to follow-up on infractions to the
Code. Follow-up inspections on infractions are as
39
FIELD INSPECTIONS
important as the seriousness of the contravention.
Where the safety of the building is at risk, work
should not continue until the infraction is remedied.
OCCUPANCY INSPECTIONS AND PERMITS
The occupancy process under the BCA and the OBC
recognizes that there are certain situations where it
may be desirable for a building to be occupied
before the construction is completed.
Any person may occupy a residential unit provided it
falls within the parameters of Division C – Part 1
Clause 1.3.3.2 as being a Part 9 building, has not
more 1 dwelling unit above another dwelling unit
and has not more than 2 dwelling units sharing a
common means of egress, has no accommodation
for tourists. All other buildings require notification
to the Chief Building Official that the minimum
requirements of Division C – Part 1 Clause 1.3.3.1 are
completed. Failure to notify the Chief Building
Official is a contravention of Section 11 of the BCA.
Occupancy permits shall be issued by the CBO for all
other construction where the ‘building’ meets the
minimum requirements of Division C – Part 1 Clause
1.3.3.1. This includes the requirement for
completion of basic structure up to and including the
roof, fire separations, exits, life safety systems,
mechanical systems, etc. completed for the stories
to be occupied. This will permit the owner to occupy
part of a building that is still under construction. See
Appendix ‘D’ for an example of a typical Occupancy
Permit.
40
INSPECTION REPORTING
. Building Inspectors notes can either It is important to record clear and concise reports for
be entered in a police style ‘black the inspections performed. These reports document
book’ or in a permit tracking computer that inspections have been completed, that the
software program. When written in a construction conforms to the Code and that
black book, entries must be made at contraventions, where discovered, are rectified.
the time of inspection, (or shortly They may also be used as evidence during any court
thereafter), all lines must be filled with
no gaps, (blank spaces/pages must be 41
struck out), errors are to be struck out
by a single line, and there can be no
additions or deletions to the notes
after the initial entries. The notes are
taken to record actions and may be
needed to refresh the inspector’s
memory in court. Inspection notes are
oftentimes securitized by defence
lawyers and must be qualified by the
court. If they are deemed
inadmissible, the prosecution may be
in jeopardy. Computerized notes are
generally admissible in court. The
Building Official should discuss the
acceptability of computerized notes
with the municipality’s Prosecutor
prior to any court appearance
OBTAINING COMPLIANCE
proceedings that may occur. The following are
suggestions on how to record inspections:
•Make the notes as soon as possible after the
inspection
•Include the date and time of when the inspection
was performed
•Identify any relevant site conditions
•Notes should only contain facts, not opinions
•Accurately describe any deficiencies found and
describe steps needed to be taken before the
applicant can proceed further.
•Cite relevant Building Code provision where
applicable
•Ensure notes are legible
A building official will be responsible for overseeing
many project at one time so it is important to have
procedures in place to accurately the track progress
for each individually. There are many templates
available that can be adopted or altered to fit the
needs of the inspector and/or municipality. The
report when completed forms part of the building
records of the municipality and is a confidential
document.
Success in motivating people to comply with the
requirements of the code largely depends on the
tact, diplomacy and personality of the building
official. There are many ways for a building official to
exercise their powers and obtain compliance with
the provisions of the Building Code.
42
LEGAL TOOLS
Effective enforcement requires much discretion and
a building official will often be forced to determine
whether an infraction is serious enough to warrant
stronger action. Convincing people of the benefits of
safe and sound construction will win you far more
respect and credibility than issuing an Order. Using
persuasion, being cheerful and courteous will make
your job easier and more pleasant.
During the course of an inspection, a building official
may observe a contravention of the BCA or the
Building Code. Most individuals will voluntarily
follow the Code. However, on occasion, people will
ignore code requirement(s) and will prove to be
reluctant to correct the contravention(s).
Eventually, voluntary compliance is not achieved,
Building Officials are obliged to use the legal tools
available to prescribed in the Building Code BCA.
A municipality owes a duty of care to anyone who
might be injured by a negligent inspection. This
injury can be both in physical and economical form.
To avoid liability, a municipality must show that its
building officials exercised a standard of care that
would be ordinary, reasonable and prudent of a
person in the same circumstances. The standard of
care owed by a municipality extends to omissions as
well as actions.
Where co-operation cannot be obtained from a
person, it may be necessary to use a formal
approach. Subsection 1.1(6) of the Building Code Act
makes it the role of the Chief Building Official to
establish policies for the enforcement of the Act and
the Building Code
43
LEGAL TOOLS
The first step towards gaining compliance is
knowledge of the statutes, regulations and by-laws
the building official will be working with; including
the right to entry procedures. When using a legal
process, the building official should determine the
results they are trying to achieve and if that initial
plan fails to produce the desired results, what is the
next course of action. If there is no compliance as
ordered, the building official has no choice but to
commence a proceeding under the Provincial
Offences Act (POA).
Department procedures should be established to
prosecute under the POA and be discussed with the
appropriate municipal officers and solicitor before
initiating an action. It is recommended that the
needed support be obtained as the costs of
prosecuting an action through the courts may be a
significant expenditure for the municipality.
ORDERS DURING CONSTRUCTION
During the construction of a project, a building
official may be required to write and serve an order
under the Building Code Act. When writing an order,
the five W’s must be considered:
•What is the contravention?
•Why is it a contravention?
•Who committed the contravention?
•When was the contravention committed?
•Where was the contravention committed?
This information must be clearly and accurately
documented. Where possible, every effort should be
44
LEGAL TOOLS
utilized to resolve the matter prior to the issuance of
an order.
The following are the different orders that can be
issued, (see Appendix ‘E’ for examples):
•Order to Comply
•Order not to Cover or Enclose
•Order to Uncover
•Stop Work Order
•Order Requiring Tests and Samples
The issuance of any order and the time to resolve
the order is dictated by a number of variables such
as:
•Severity of infraction
•History or lack of history with contravener
•The specific type of order (eg. Order to Comply vs.
Stop Work Order)
In serving orders, you building officials must make
sure to deliver them to the right person, to explain
the requirements of the Order and to advise the
individual of the consequences of non-compliance.
Where the decision has been made to ‘post’ an
Order, it is recommended to take photographs of
the posted order and the contraventions.
Where, in a follow-up inspection, a building official
observes that the builder has failed to rectify the
contravention; the building officail will be faced with
two options:
•to issue a Stop Work Order, or
45
LEGAL TOOLS
•to seek legal remedy under the Provincial Offences
BCA.
A Stop Work Order cannot be issued unless one of
the aforementioned Orders has been issued first,
although they may be issued simultaneously where
circumstances are grave or serious enough to
warrant this action. Section 14 of the BCA describes
the service and timing of the order.
ORDERS AND REMEDIAL WORK - UNSAFE
BUILDINGS
In the case of an existing building, where there is no
Permit to Construct, Demolish or Change of Use of a
building, Building Officials may have to order
remedial work by way of an:
•Order to Remedy an Unsafe Building (OTRUB), [BCA
Subsections 15.9 (4)] or
•Emergency Order (EO). [BCA Subsection 15.10 (1)]
The BCA identifies to cases where a building may be
considered unsafe. Subsection 15.9(2) of the BCA
describes those two cases as follows:
•A building is unsafe if it is structurally inadequate
for the purpose for which it is used
•A building is unsafe if the building is in a condition
that could be hazardous to the health and safety of
persons in the normal use of the building or persons
outside of the building or persons whose access to
the building has not been reasonably prevented.
The BCA also identifies that a sewage system is
unsafe if it is not maintained or operated in
accordance with the BCA or the Building Code.
46