Ontario Building Code Act

Building permits must be issued before construction starts.

The Ontario Building Code Act was passed in 1992. It contains provisions for constructing and demolishing buildings and issuing conditional building permits. Inspectors, acting under the powers given to them under this legislation, can locate unsafe structures and order building owners to make repairs as necessary. The law also contains provisions for dealing with building owners who don't comply with an unsafe building order.

Constructing and Demolishing Buildings

Before construction or demolition can be started on building, a permit must be obtained. Under Section 8.2(3) of the Act, if the chief building official refuses to issue a permit, the applicant must be informed of the reason.

Conditional Building Permits

The Ontario Building Code Act provides for conditional permits to be issued in certain circumstances, even if all the requirements for a permit have not been fully met. If the chief building official determines that an "unreasonable delay" will occur if the permit is not issued, he can do so at any stage of the construction project.

Municipal Property Standards

This provincial law includes a provision directing local municipalities to set standards for maintaining properties in their jurisdiction. Section 15.1(3) goes on to direct that properties that don't meet the municipal standard be repaired to bring them up to the appropriate level. If required, the area may be completely cleared, graded and leveled rather than allowing building or other substandard structures to remain on it.

Unsafe Buildings

Building inspectors are given the authority to enter a structure without a warrant to determine if it is safe. Section 15.9(2) defines an unsafe building as one that is structurally unsound. It also includes buildings in a condition that "could be" hazardous to the health of its occupants, visitors or people who are nearby.

Unsafe Building Order

Section 15.9(4) gives building inspectors the authority to issue an order explaining why a building is unsafe. It sets out the steps required to bring the building up to standard. This document is served on the building owner and its occupants. The order may include a deadline for making the improvements or a direction that the improvements be made within a reasonable time.

Failing to Comply with Order

If the repairs are not made by the deadline, the building inspector may order that the building be painted, repaired or demolished to protect the public. Section 15.9(6) of the Ontario Building Code Act gives the inspector the authority to take other actions that she deems appropriate for this purpose.

References

• Service Ontario: E-laws: Ontario Building Code Act