Transforming and Modernizing…

Transforming and Modernizing the Delivery of Ontario’s Building Code Services
Discussion Paper Feedback

1. Getting People Working in the Building Sector
1.1 Examination Development & Delivery
What Do You Think?
1. How could the current examination design, content and/or delivery be improved?
A. I wrote the majority of my qualification exams back in 2005/2006, so I cannot speak to how things are currently. However, I think it is important that the exams are not made easier, maybe just made more fair with the amount of time needed or number of questions depending on the complexity of the exam. Currently, one can pass an exam by knowing how the Code works, but they may not be competent in the Code, so easier is not the solution.

1.2 Pre-Qualification Training
What Do You Think?
1. Are the current training offerings meeting your needs? If not, how could they be improved?
A. I primarily take and instruct OBOA courses. However back in the days when those where Ministry courses, they were constantly contained errors and were not regularly vetted or updated. I have not taken any of the courses through the College, however I hear the same complaints. Which would be nice to seem improved through this process and have the courses updated as the Code is updated and content corrected as errors are discovered.
2. Do you see a role for the administrative authority in the delivery of training for building code professionals?
A. As a huge supporter of OBOA I would hate to see training taken over by the Ministry/AA, however this could be a good opportunity to work together with OBOA and complement each other where possible with training opportunities.

1.3 Recruiting Experienced Building Code Professionals
What Do You Think?
1a. What factors could contribute to the low take-up of the current internship programs?
A. No comments. I do not have experience with the internship program and do not feel I can speak with experience on this topic.
1b. What role could an administrative authority play in internship programs?
2. Would implementing a provisional licence framework help with municipal
recruitment challenges and what should be considered?
3. Are there other ways to help building code enforcement bodies attract and retain experienced building professionals?
A. Promotion and education of the Building Official profession should start at the early high school level. At the post-secondary level I am not sure a program dedicated to the building official profession would be well attended. Not because people are not interested in the profession, but because it is career limiting. It may be better to encourage more of a focus within the existing Engineering Technology Programs, to get more graduates of those programs interested in being a Building Official as a career path.

1.4 Using Coordinating Professionals
What Do You Think?
1. Do you think the use of a Prime Consultant, under certain circumstances, would support a more streamlined building permit application process?
A. Yes, overall it could be a good thing for the industry to require a Prime Consultant and to formalize the required role and responsibility of the Prime. There are many consultants currently that act as the Prime for larger projects however, in many instances the issues identified (complete applications, code compliance, etc) are still issues with projects with Prime Consultants. Hopefully with formalizing this role, more accountability will be placed on the Prime and they will step up more than they currently are to assist with expediting the permit review and issuance.
2. Do you think the use of Certified Professionals, under certain circumstances, would support a more streamlined building permit application process?
A. The introduction of Certified Processionals would not be in the best interest of public safety. If public safety is a priority of the proposed transformation and modernization process and the current government then the introduction of Certified Professionals needs to be seriously re-considered. There is an inherent conflict of interest with this piece of the proposal. With the current model, Municipal Building Officials, are an impartial third party where their only objective is to ensure public safety. In my 16+ years of experience in this industry both in the private and municipal sector it is apparent to me that many private professionals (Architects and Engineers) either do not fully understand the Code or they are commonly succumbed to the pressures of the client (owner, developer, building, etc). When the client is the one controlling their revenue, decisions may be made or approvals granted that may not be in the best interest of public safety. As a Municipal Building Official, almost daily I am entered into debates with Architects and Engineers regarding Code requirements that are blatantly not the intent of the Code or in the best interest of public safety.
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?
A. This should not be considered to be implemented as it is a risk to public safety.

2. Promoting Sustainability and Transparency in the Building Code Profession
2.1 Public Registry and Registration Process
What Do You Think?
1a. If you are a registered building code professional, what are the key issues you face with the current QuARTS system?
A. The qualification requirements when a designer works under a firm need to be reviewed. We have been informed on several occasions by Ministry Staff that if a Qualified Designer qualified in “House” stamps the drawings for a complex building and the designer works under a Firm that is registered for “Complex Buildings” this is sufficient, which is not logical. Assuming that firm has an individual that does have the “complex buildings” qualification, that is the person that should be reviewing and taking responsibility for the drawings and putting there BCIN and signature on the drawings, not the person qualified in “House”. We have received several Ministry opinions to the contrary, which seriously needs to be reviewed and clarified with the industry. I am happy to discuss this issue further if needed.
1b. What registration functionality would you find helpful that is not currently available in QuARTS?
A. It would be great if the AA took on administering and validating qualifications before they are live on the site. Self-regulating has not worked. In addition, when someone passes an exam, it does not make sense for the practitioner to then notify the Ministry to say, “Hey I passed your exam update my qualifications”. The AA could do this moving forward.
2. 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?
A. It would be useful to have Qualified Designers as a searchable directory by geographic area. This would assist the public in finding Qualified Designers when needed on a project. This helps the Building Official by being able to send a property owner away with a resource to find this category of Design Professional and creates business for the Designers.

2.2 Continuing Professional Development
What Do You Think?
1. How many activities or hours of CPD do you feel is reasonable to require of building code professionals?
A. I feel that following similar CPD programs such as CBCO, OACETT, OAA, etc would be a reasonable amount of hours for this CPD.
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.)?
A. I believe all are important, however the bulk of the required hours should focus on formal training such as courses, training and examinations. These can be validated unlike reading a journal. They are also the most beneficial.
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)?
A. It would be nice to follow the Code cycle, however that has not been a set cycle and therefore could be difficult to manage. Again following a cycle simiar to other CPD programs in the industry would seem to make sense. It could be beneficial that when a new code is released there is a requirement to take a course on the new requirements. The complexity with this could be that not all practitioners are qualified or practice in all areas of the code. So there may be too many streams of the course needed for this to be viable. But would be reassuring to know that all qualified designers and building officials have been educated on the changes to the code.
4. Are there already mechanisms, materials, or offerings that would give building code professionals options on how they could meet their CPD requirements?
A. It could be considered that if one is already cerftifed through OBOA or OACETT that they also meet the provisional CPD.

2.3 Registration Compliance and Enforcement
What Do You Think?
1. What types of compliance measures should be put in place to ensure building code professionals are meeting the requirements of their registration?
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?
3. Do you see any challenges with requiring all building code professionals to adhere to a code of conduct?
4. What should be considered when increasing the number of available enforcement tools and using an escalating enforcement model?
5a. 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?
5b. How could these penalties be set so that they are fair?

3. Building Code Administration and Enforcement
3.1 Enhanced Municipal Enforcement
What Do You Think?
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?
A. The penalty needs to be substantial enough to encourage compliance. Our municipality currently uses penalties for non-compliance, ie for continuing work when a stop work order is issued. However for large companies, they do not care, the cost to stop work exceeds the cost of the penalty and continually work through the stop work order.
2. Are there enforcement tools that would help principal authorities ensure compliance with technical requirements of the building code?

3.2 Supporting Local Building Service Delivery
What Do You Think?
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?
2. If you live in a smaller, rural and/or northern municipality, how would you feel more supported at your municipal building counter?

3.3 Unincorporated Areas
What Do You Think?
1. What kind of framework should the province consider for dealing with building code compliance and enforcement in unincorporated areas?
2. If you live or work in an unincorporated area, what guidance, resources and/or support do you need for your building projects?

4. Improving Building Sector Supports
4.1 Promoting a Consistent Application of Code Requirements
What Do You Think?
1. Would you support the issuance of technical bulletins and/or code interpretations? Please explain.
A. Absolutely. The unfortunate reality is the Code can be grey. The technical bulletins and interpretations assist building officials and code users in consistent enforcement of the Code which can accelerate approvals for the industry.
2a. If additional resources and guides to help with code interpretation were created, what types of resources (e.g., type of content, format, etc.) would be most useful?
A. An illustrated guide to the code with each code cycle would be a great resource. It would also be very helpful to publish the background and rational information that was used for the creation of each provision to assist code users with understanding the intent to assist with enforcement and the approval of alternative solutions.
2b. Would the addition of more visual guidance materials for specific building code issues be helpful?
A. Yes, a picture is worth a 1000 words.
3. 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, shes, etc.)?

4.2 Digital Service Transformation
What Do You Think?
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)
A. All of the above.
2. In addition to digital versions of the Ontario Building Code Compendium, what other digital guides, resources or tools would you find most useful?
A. Moving forward all guides, resources and tools created should have a digital format available.

4.3 Building Sector Data and Research
What Do You Think?
1. Does your organization collect building sector data? Do you have any policies in place for data collection, management, and/or transparency?
2. How could the potential increase in municipal reporting burden be mitigated?
3. Do you think it would be beneficial if the administrative authority conducted research on behalf of the sector?

5. Funding Better Service Delivery
What Do You Think?
1. Is the proposed funding model a reasonable approach to delivering improved services to the sector?
A. If this funding model is what the Ministry requires in order to deliver on the service levels indicated then it seems reasonable. However the AA will be held to very high expectations to deliver on the service level promised.
2. Are there impacts in implementing such a fee model that the government should consider?
A. Not all municipalities charge permit fees the same. Some are per square foot others are construction value and some may do a combination of both. Some feel schedules can be complex. Finding a consistent, fair and seamless approach for all municipalities may be a challenge.