1. Theme - Getting People…

1. Theme - Getting People Working in the Building Sector

1.1. Examination Development and Delivery

1. How could the current examination design, content and/or delivery be improved?
o While the current 3 hour exam time is reasonable, consider reducing the number of questions in a given exam so that more time is allotted to answer each question.
o Consider the sentence structure of the questions to reduce confusion. Current exam questions examples include use of double negatives and more than one correct answer.

1.2. Pre-Qualification Training

1. Are the current training offerings meeting your needs? If not, how could they be improved?
o Current training material does not promote discussion through the use of meaningful exercises. Increase the number of exercises/real-world scenarios and promote learning through collaboration in a class setting.
o Increasing the length of training for less experienced practitioners may allow for more time to absorb and reflect on learned material.
o Splitting training material related to Parts 3 and 9 into more than one course would allow a more focused learning experience. For example, training for House qualifications could be split into training similar to previous courses such as Part 3 - Classification and Construction, Part 9 - Health and Safety, etc..
o A pre-exam exercise manual could be developed to help a practitioner prepare for the exam format. (ie. Orderline.com publishes an example exam)
o Ensure the use of qualified facilitators/instructors with relevant experience.

2. Do you see a role for the administrative authority in the delivery of training for building code professionals?
o Yes, the MMAH or its established administrative authority should maintain control of training material and delivery to control consistency and continuity across the province.

1.3. Recruiting Experienced Building Code Professionals

1. What factors could contribute to the low take-up of the current internship programs?
o A lack of knowledge of career opportunities in municipal building code enforcement at the secondary and post-secondary school levels of education may be contributing to low take-up.
o There is a lack of Ministry-approved municipal internship programs. The only municipality that has an approved internship program in place is the City of Ottawa and, as noted in the Ministry’s discussion paper, is struggling.
o The Ontario Building Officials Association has an approved internship program but the additional cost of membership and a complicated program may be deterrents.

2. What role could an administrative authority play in internship programs?
o An administrative authority, or the MMAH, could develop and manage an internship program.
o An administrative authority could develop a strategy to educate the public respecting careers in the municipal building official industry.

3. Would implementing a provisional license framework help with municipal recruitment challenges and what should be considered?
o No, implementing a provisional license framework would not be needed with a well-structured and well-known internship program in place.

4. Are there other ways to help building code enforcement bodies attract and retain experienced building professionals?
o Develop programs and advertising strategies that target secondary schools, post-secondary schools and various trade organizations to promote the municipal building official industry.
o Leverage social media to connect with the public.
o Increase salary scale; Improve and show off benefits

 
1.4. Using Coordinating Professionals

1. Do you think the use of a Prime Consultant, under certain circumstances, would support a more streamlined building permit application process?
Staff Comment:
o Many architects and professional engineers do not currently coordinate their respective designs to ensure an efficient permit application review process. A code-qualified Prime Consultant may support a more streamlined building permit application process.
o While requiring a Prime Consultant as the single contact for the Chief Building Official or inspector respecting designs and construction could be beneficial to the building permit application and inspection processes, the municipality should maintain the responsibility of permit application review and permit inspections through the appointed Chief Building Official and inspectors. A Prime Consultant should not have autonomy.
o Since architects and professional engineers are exempt from the building code requirement of being qualified in building code proficiency, incomplete designs submitted in support of building permit applications are a common occurrence. Architects and professional engineers should not be exempt from the qualification requirements set out in the building code.
o Obtaining a building permit is the last step in the process of obtaining development approvals and approvals from external agencies. The time to review permit applications is typically a relatively small portion of the time of gathering all approvals. The current legislated timeframes set out in the building code are adequate.

2. Do you think the use of Certified Professionals, under certain circumstances, would support a more streamlined building permit application process?
o No, a Certified Professional should not replace municipal permit application review and approval processes. The current system whereby the design professionals must submit general review reports to the Chief Building Official is effective.
o The Chief Building Official should have sole authority to use a Certified Professional when the need arises. Recovery of costs of the Chief Building Official to retain the services of a Certified Professional should be a prescribed fee in the Building By-law.
o Architects and professional engineers should be required to demonstrate building code competency in a like manner as all building code professionals.

3. If the ministry decides to move forward and allow the use of such professionals, what do you think needs to be considered in implementing this change?
o Design Professionals should not replace any of the current duties of a Chief Building Official or inspector.
o The use of a Certified Professional should be at the discretion of the Chief Building Official.
o A permit applicant or design professional should not be empowered to choose to engage a Certified Professional.
o Architects and professional engineers should be required to obtain and file qualifications in the same code categories as other building code professionals. This would reduce the common occurrence of deficient designs from architects and professional engineers that municipalities encounter.
o Homeowners who take responsibility for a design that is beyond their capabilities often lead to incomplete designs. Troubleshooting these errors with the homeowner designer is cumbersome and leads to significant delays. Homeowners should not be able to take responsibility for the design of new houses, house additions, appurtenant systems and other complicated designs unless they have the required qualifications.

2. Theme - Promoting Sustainability and Transparency in the Building Code Profession

2.1. Public Registry and Registration Process

1. If you are a registered building code professional, what are the key issues you face with the current QuARTS system?
Staff Comments:
o The user interface is not intuitive and is cumbersome to navigate.
o There is currently no receipt issued for payment that links the person’s name, BCIN , period of registration and the fee that is paid.
o Having annual renewal fees of inspectors is not necessary as there is no value added.

2. What registration functionality would you find helpful that is not currently available in QuARTS?
o Searching complicated names is difficult and often results in no hits. Having wildcard search capability would be helpful.
o QuARTS currently provides all practitioners in the same list. Having directories for separate disciplines such as “building official”, “other designer”, etc. may help the user find data quickly and easily.

3. As a member of the public, what information would you like to see made publicly available on the registry to help you make an informed decision on hiring a qualified building code professional?
:
o Pending and completed disciplinary action should be published.
o Being able to search a building code professional by areas of qualification would help the public and QuARTS users find designers with relevant qualifications.

2.2. Continuing Professional Development

1. How many activities or hours of CPD do you feel is reasonable to require of building code professional?
o 10 to 20 hours/year of continuing professional development is reasonable.

2. What is the right mix of formal and informal CPD activities that building code professionals should be required to complete (e.g., courses, training, examinations, reading professional/technical journals or documents, volunteering in the sector, attending relevant conferences, etc.)?
o Courses, training, exams, authoring articles, etc. – up to 60%
Reading, volunteering, etc. – up to 40%

3. What is a reasonable timeframe for completing CPD requirements to ensure knowledge is maintained (e.g., annually, at every new Building Code cycle which is usually 5-7 years, other?
Staff Comment:
o Continuing professional development goals should be achieved every 3 to 5 years.

4. Are there already mechanisms, materials, or offerings that would give building code professionals options on how they could meet their CPD requirements?
Staff Comment:
o Professional organizations such as OBOA and other professional code practitioner organizations already have CPD requirements.

2.3. Registration Compliance and Enforcement

1. What types of compliance measures should be put in place to ensure building code professionals are meeting the requirements of their registration?
o The Ministry could create a common code of conduct for all building code practitioners. This could be enforced by the administrative authority.

2. What types of accountability mechanisms do you think might be appropriate if a body enforcing the building code (i.e., municipality, Conservation Authorities, Boards of Health) is found not to be meeting its responsibilities under the Building Code Act, 1992?
Staff Comment:
o The administrative authority could investigate complaints. A tribunal could be created to hear evidence and conclude findings.

3. Do you see any challenges with requiring all building code professionals to adhere to a code of conduct?
o No, all building code professionals should adhere to a code of conduct.
o As set out in the Building Code Act, the Town of Georgina has established and enforces a code of conduct for the Chief Building Official and inspectors which is set out in “Appendix 1 - Code of Conduct for Building Officials” to the Town’s “Policy No. 29 – Code of Ethics and Conduct” in the “Human Resources Policies, Guidelines and Procedures”.

4. What should be considered when increasing the number of available enforcement tools and using an escalating enforcement model?
Staff Comment:
o The penalty should be proportionate to the level of severity of a confirmed infraction.

5. Under what circumstances do you think it would be appropriate for financial penalties to be used as a means of encouraging compliance with registration requirements?
Staff Comments:
o Financial penalties could be used for late renewals.
o Financial, revocation and other escalating penalties could be applied to more severe infractions such as fraudulent submissions.

6. How could these penalties be set so that they are fair?
Staff Comment:
o The Ministry should review appropriate penalties and have a public consultation prior to finalizing set penalties.

3. Theme – Building Code Administration and Enforcement

3.1. Enhanced Municipal Enforcement

1. What types of orders do you think administrative penalties could be used for? What do you think the province should consider in developing an administrative penalty framework?
Staff Comments:
o Administrative penalties could be applied to all types of orders, registration of orders on title and other enforcement procedures.
o Orders are generally issued after attempts have been made to gain voluntary compliance to a contravention. As a deterrent, an administrative penalty framework could include punitive financial penalties for the issuance of an order.
o Escalating fees could be considered for continuing contraventions.

2. Are there enforcement tools that would help principal authorities ensure compliance with technical requirements of the building code?
Staff Comments:
o Part 1 Provincial offence notices are available for municipalities who choose to create short-form wording for such enforcement processes.
o Part 3 action can be taken for more severe enforcement processes.

3.2. Supporting Local Building Service Delivery

1. Would it be beneficial for municipalities to have the ability to transfer some or all of their building service delivery to the administrative authority?
o Municipalities who lack in-house expertise and/or competent, qualified inspectors may be able to take advantage of services from the administrative authority.

2. If you live in a smaller, rural and/or northern municipality, how would you feel more supported at your municipal building counter?
Staff Comment:
o Not only in smaller, rural and northern municipalities, an administrative authority should provide interpretations and guidance to all building code professionals.

3.3. Unincorporated Areas

1. What kind of framework should the province consider for dealing with building code compliance and enforcement in unincorporated areas?
Staff Comments:
o An administrative authority could provide building code compliance and enforcement services in unincorporated areas of the Province.
o The Building Code Act already provides that the Province as the authority having jurisdiction in unincorporated areas of the province.

2. If you live or work in an unincorporated area, what guidance, resources and/or support do you need for your building projects?
Staff Comment:
o N/A

 
4. Theme - Improving Building Sector Supports

4.1. Promoting a Consistent Application of Code Requirements

1. Would you support the issuance of technical bulletins and/or code interpretations? Please explain.
Staff Comments:
o Yes, an administrative authority could be empowered to provide guidance, interpretations to building code professionals and to issue technical bulletins.
o Providing building code interpretations to the public and building code professionals and publishing technical bulletins would result in more consistent application of the building code across the province.

2. If additional resources and guides to help with code interpretation were created, what type of resources (e.g., type of content, format, etc.) would be most useful?
Staff Comment:
o Application and intent statements for each code provision, similar to the National Building Code, should be published for the Ontario Building Code.

3. Would the addition of more visual guidance materials for specific building code issues be helpful?
Staff Comment:
o Yes, a comprehensive Ontario Building Code illustrated construction guide should be published.

4. As a member of the public, what resources and tools would you need to assist you with understanding code requirements for your small or personal construction projects (e.g., minor renovations, decks, sheds, etc.)?
Staff Comments:
o Illustrated guides, standard construction details and information bulletins would be resources that could be useful to the public.
o Information brochures such as a homeowner’s guide to obtaining a building permit may promote consistent application processes among municipalities.

 
4.2. Digital Service Transformation

1. If you would use an electronic version of the Code, on what type of electronic device would you most frequently view/use it on? (e.g., laptop/desktop, mobile device).
Staff Comment:
o Plans examination and other office staff generally use desktop and laptop computers and site inspectors generally use tablet and smart phone technology to view the building code.

2. In addition to digital versions of the Ontario Building Code Compendium, what other digital guides, resources or tools would you find most useful?
Staff Comments:
o On-line access to all building code-referenced standards.
o A database of approved alternative solutions.

4.3. Building Sector Data and Research

1. Does your organization collect building sector data? Do you have any policies in place for data collection, management, and/or transparency?
Staff Comments:
o Building permit, complaint and related records are tracked electronically using a corporate database application.
o Our current permit tracking system does not have a public interface.

2. How could the potential increase in municipal reporting burden be mitigated?
Staff Comment:
o A standard database application common to all municipalities and applicable law agencies could help collect applicable law approvals and other required information.

3. Do you think it would be beneficial if the administrative authority conducted research on behalf of the sector?
Staff Comment:
o Yes, an administrative authority could develop best practice methods and research innovative construction and building solutions.

 
5. Funding Better Service Delivery

5.1. Funding and Fee Models

1. Is the proposed funding model a reasonable approach to delivering improved services to the sector?
Staff Comments:
o Expenses should be reasonable to recover the expected costs of delivering services to the industry.
o Construction value data provided by the applicant may not be accurate and may vary depending on the project’s location in the province. The proposed funding model may not capture reasonable costs of the administrative authority’s services.

2. Are there impacts in implementing such a fee model that the government should consider?
Staff Comments:
o The model proposes that a permit applicant be responsible to fund the entire administrative authority. That sector may argue that they should not bear the entire cost of an agency that delivers services to the public, including municipal enforcement agencies.
o Municipalities will be burdened with collecting levies for an administrative authority.