OBC Designer Legal/Process cheat sheet

The Building Code Act, 1992 (BCA) is the statute; the Building Code (O. Reg. 332/12) is a regulation made under it and is incorporated by reference into the Act.

BCA section 1 defines core terms including building, sewage system, construct, owner, inspector, chief building official, and permit.

The Act binds the Crown and applies to all buildings and sewage systems in Ontario except where the Code expressly exempts them.

Code amendments follow a published process: public consultation, technical review, Minister's approval, and filing as a regulation under the BCA.

Regulations under the BCA include the Building Code, registration of designers, sewage system standards (O. Reg. 350/06), and Building Code Commission procedures.

Where the Act and Code conflict, the Act prevails; the Code cannot authorize what the statute prohibits.

The Code is organized by Division: Division A (compliance, objectives, functional statements), Division B (acceptable solutions), Division C (administrative provisions).

Municipalities may pass local by-laws on administration but cannot lower the technical standards set by the Code.

The Minister of Municipal Affairs and Housing administers the BCA; enforcement is delegated to municipal councils and appointed chief building officials.

A council of a municipality with a prescribed population must appoint a chief building official and inspectors; municipalities may share services by agreement.

Inspectors exercise powers of entry under BCA section 16 on producing identification, at reasonable times, and with notice where required.

Offences under the BCA carry fines and, for corporations and individuals, possible imprisonment; continuing offences accrue daily penalties.

Directors and officers of a corporation can be personally liable where they directed or authorized the offence.

A person who obstructs an inspector or furnishes false information commits an offence.

Prosecutions are generally commenced within a prescribed limitation period after the offence becomes known to the municipality.

The chief building official reports to council on enforcement activity as required by the Act and Code.

An application for a permit must be filed with the chief building official on the prescribed form, signed by the owner or authorized agent, and accompanied by fees.

The applicant must submit plans, specifications, and other documents sufficient to show compliance with the Code and applicable law.

The chief building official must issue or refuse a permit within the prescribed time after a complete application is received.

A permit may be refused where the proposed work does not comply with the Code, the applicant is not authorized, or required approvals are missing.

A permit is issued subject to conditions the chief building official considers necessary to ensure compliance.

Where a permit is refused, the chief building official must give written reasons and notice of the right to appeal to the Building Code Commission.

Permits lapse if the work is not commenced within the prescribed period or is suspended for the prescribed period.

The permit holder must notify the chief building official of changes to the plans before making them.

Plans review verifies that submitted drawings and specifications demonstrate compliance with the Code, applicable law, and permit conditions.

Reviewers check zoning, fire separations, egress, structural, plumbing, HVAC, energy, and accessibility requirements as applicable.

Where plans are deficient, the chief building official may return them with written comments and require resubmission.

Reviewers may accept alternative solutions under Division A where the proponent demonstrates equivalent or superior performance.

The reviewer documents the review, including calculations, referenced standards, and any conditions of issuance.

Changes made during construction require revised plans submitted to and accepted by the chief building official before work proceeds.

The chief building official may rely on professional design and field review by architects and engineers, but retains authority to require substantiation.

Review records form part of the permit file and are subject to access and retention requirements.

The permit holder must notify the chief building official at prescribed stages so that inspections can be made before work is covered.

Inspectors examine work for compliance with the Code and the permit, and may issue orders or require correction where deficiencies are found.

Inspectors may enter premises at reasonable times, on producing identification, to inspect buildings and sewage systems.

An inspection notice must be given before certain work is concealed, and the inspector may require the work to be exposed for examination.

Where work is found non-compliant, the chief building official may issue an order to comply or a stop-work order.

The inspector records the inspection results, including date, findings, and any follow-up required.

Failure to permit an inspection is an offence and may result in an order or refusal to issue occupancy.

Inspection records are retained by the municipality and may be disclosed in accordance with the Act and access legislation.

A conditional permit may be issued before all plans and specifications are complete, subject to conditions set by the chief building official.

The applicant must demonstrate that the proposed work will comply with the Code and that conditions will be satisfied within a stated time.

Conditions may include submission of further plans, professional certification, or completion of specified stages before work proceeds.

The chief building official may revoke a conditional permit where conditions are not met.

Work authorized under a conditional permit is limited to the scope described in the permit and conditions.

The permit holder must notify the chief building official when conditions are satisfied so the permit can be finalized.

Conditional permits do not relieve the applicant of the obligation to obtain all other required approvals.

Fees for conditional permits may be set by by-law and may differ from full permits.

No person may occupy a building or part of a building until the chief building official issues an occupancy permit or the Code otherwise permits.

An occupancy permit is issued after inspection confirms the building complies with the Code and the permit conditions.

A change of use requires a permit where the new use affects compliance with the Code, including fire safety and egress.

Where a change of use occurs, the owner must ensure the building complies with the Code for the new use.

The chief building official may require upgrades to bring a building into compliance upon change of use.

Occupancy may be permitted in stages where the chief building official is satisfied that the occupied portion complies.

Failure to obtain an occupancy permit before occupation is an offence under the BCA.

Records of occupancy permits and change-of-use approvals form part of the permanent permit file.

O. Reg. 350/06 governs sewage system permits, design, installation, and inspection under the BCA.

A permit is required before constructing, altering, extending, or repairing a sewage system, unless exempted by the regulation.

The application must be accompanied by plans, specifications, and site information sufficient to show compliance with the regulation and Code.

Sewage systems must be designed, installed, and maintained in accordance with the regulation and applicable standards.

The chief building official may impose conditions and require inspections at prescribed stages, including before covering.

Where a sewage system is found to be malfunctioning or non-compliant, the chief building official may issue an order to comply.

Records of sewage system permits and inspections must be retained by the municipality.

The regulation sets qualifications for persons who design or install sewage systems.

A designer is a person who prepares plans, specifications, or designs for a building or sewage system and is responsible for their accuracy and Code compliance.

A constructor is a person who undertakes construction and is responsible for carrying out the work in accordance with the permit and the Code.

Designers must be qualified and, where required, registered with the province.

Designers and constructors must notify the chief building official of changes that affect compliance.

Constructors must ensure work is inspected at prescribed stages and must not cover work before inspection.

Designers and constructors may be subject to orders, discipline, or prosecution for non-compliance.

Where design is by a professional engineer or architect, the designer must provide field review as required by the Code.

Designers and constructors must keep records and provide documents to the chief building official on request.

The BCA and its regulations establish qualifications for chief building officials, inspectors, and designers of sewage systems.

Registration with the province is required for certain designers and for persons who design or install sewage systems.

Applicants must demonstrate education, experience, and examination requirements prescribed by regulation.

Registration may be suspended or revoked for incompetence, misconduct, or failure to comply with the Act.

Continuing education may be required to maintain registration.

Municipalities must ensure that appointed officials meet the prescribed qualifications.

The registrar maintains a public register of registered persons.

Unregistered persons who perform regulated work commit an offence.

Designers and officials must act honestly, competently, and in the public interest.

A conflict of interest arises where a personal or financial interest could improperly influence a decision.

Officials must disclose conflicts and refrain from participating in decisions where a conflict exists.

Designers must not accept work beyond their competence and must engage qualified professionals where required.

Confidential information obtained in the course of duties must be protected and used only for lawful purposes.

Gifts or benefits that could influence decisions must be refused or disclosed under applicable codes of conduct.

Professional responsibility includes accurate reporting, timely communication, and respect for the authority of the chief building official.

Breaches of ethics may result in discipline, removal from office, or prosecution.

The chief building official may issue orders to comply, stop-work orders, and orders respecting unsafe buildings.

An order must be in writing, state the reasons, and be served on the owner or other affected persons.

A person served with an order may appeal to the Building Code Commission within the prescribed time.

The Building Code Commission hears appeals on matters within its jurisdiction, including orders and refusals of permits.

The Commission may confirm, vary, or revoke an order or decision, and may impose conditions.

A stop-work order remains in effect until the chief building official is satisfied that the work may proceed.

Failure to comply with an order is an offence and may result in the municipality taking remedial action at the owner's expense.

Appeals do not automatically stay an order unless the Commission or the Act provides otherwise.

The chief building official must keep records of permit applications, permits, inspections, orders, and related documents.

Records must be retained for the period prescribed by the Act and regulation and made available for inspection and access requests.

Notices required by the Act must be in writing and served in accordance with prescribed methods, including personal service or mail.

Enforcement procedures include inspection, issuance of orders, prosecution, and remedial action by the municipality.

Documentation must be accurate, dated, and sufficient to support decisions and enforcement action.

The municipality may recover costs of remedial work by adding them to the tax roll.

Access to records is governed by the Municipal Freedom of Information and Protection of Privacy Act, subject to exemptions.

The chief building official reports enforcement activity and statistics as required by the Act and council.