Examination Development and…

Examination Development and Delivery
1. How could the current examination design, content and/or delivery be improved?
The current system of nesting qualifications makes sense and should continue. One suggestion on design is that the exams should only focus on the specific sections that the code is covering. Part 8 CBO’s and inspectors presently have to write the same legal exams as municipal CBO’s and inspectors that cover all sections of the building code (with the exception of Part 8). There are sections of the Code that have no bearing with Part 8 service delivery. Consideration should be given to creating legal exams specific for Part 8. This is also evident with the On-Site Sewage Systems exam has questions on it that does not have anything to do with sewage systems.

Pre-Qualification Training
1. Are the current training offerings meeting your needs? If not, how could they be improved?
Training deliveries for in-class courses are only available to individuals that live within the GTA. There are a lot of individuals who may not be successful using the online format. It would be beneficial for the province to develop a course that may be implemented by colleges/training facilities across the province providing a more equitable delivery across all regions.
2. Do you see a role for the administrative authority in the delivery of training for building code professionals?
It would be beneficial for a provincial agency to develop a course that can then be implemented by different training facilities. Also, it would be beneficial to have an agency evaluate the training facilities to ensure that they are being accountable and providing consistent training.

Recruiting Experienced Building Code Professionals
1. Would implementing a provincial license framework help with municipal recruitment challenges and what should be considered?
It would be beneficial to have a training program for building officials as smaller municipalities or boards of health do not have the capacity to train individuals in house. For the most part, building code officials in smaller, rural regions are individuals who have had past experience in the trades and don’t have any specific training in being a building official.
2. Are there other ways to help building code enforcement bodies attract and retain experienced building professionals?
If implementing a training program, it would be beneficial to offer the training in multiple formats and throughout the entire province.

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?
Having one individuals be the point of contact for building regulators may streamline the building permit process and also make it easier for regulators to ensure compliance is being addressed for large scale projects. The prime consultant sounds like it would be similar to a project manager and would have the added responsibility to ensure that all required inspections are required and building officials are notified at the correct time in the building process.
2. Do you think the use of Certified Professionals, under certain circumstances, would support a more streamlined building permit application process?
Using certified professionals may streamline services by ensuring that permits are filled out correctly and the applicable sections of the building code have been reviewed and meet the minimum requirements. This would also reduce the amount of time that a regulator will need to review each permit submitted. That being said, there still needs to be a role of a regulator to ensure that checks and balances are being met. With the owners/contractors being able to hire an individual to issue their own approvals, this could become a slippery slope and cause further safety issues.
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?
Proper training and certification would need to be addressed so that regulators are aware of who would be in these positions. Regulators would continue to be a vital part of the building code process and should not be replaced by a third party.

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?
The system needs to be more user friendly for both the public and the licensees. In the past, licensees were notified when their qualifications were up for renewal and this is no longer occurring. It makes it challenging when trying to figure out which code versions they have passed to try and re-establish their qualifications.
2. What registration functionality would you find helpful that is not currently available in QuARTS?
If the public is using this system to find a contractor, there should be more transparency on any enforcement actions that have been tied to the contractor.

Continuing Professional Development
1. How many activities or hours of CDP do you feel is reasonable to require of building code professionals?
The amount of activities or hours required should be based on the qualifications of the building practitioners. This also should also be reflected within both installers/contractors and regulators. Although the OBOA has their own CPD requirements, however, they don’t cater to building officials that deal only with the Part 8 program. For licensed Part 8 installers, a yearly training/update on any code amendments or best practices would be sufficient. It would be helpful if this update was provided when they try to register within QuARTS.
2. What is the right mix of formal and informal CPD activities that building code professionals should be required to completed (e.g., courses, training, examinations, reading professional/technical journals or documents, volunteering in the sector, attending relevant conferences, ect.)
At least 50% of the required CPD activities should be active field work for inspectors as it is important to maintain time in practicing the code.
3. What is a reasonable timeframe for completing CPD requirements to ensure knowledge is maintained (annually, at every new Building Code cycle which is usually 5-7 years, other)?
In order to maintain current, CPD hours should be completed within a 1-2 year cycle. On a separate note, there should be additional training requirements during each Building Code cycle to ensure that all individuals are aware of any of the new changes. This would include taking updated exams to reflect the new code change.
4. Are there already mechanisms, materials, or offerings that would give building code professionals options on how they could meet their CPD requirements?
For individuals working within the Part 8 program, there is minimal options for individuals to get the CPD requirements (that don’t include practicing the code). As well, in rural, northern locations there are much less options to attend training, courses or relevant conferences. Options would need to be in place to assist those building practitioners.

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?
In order to discuss this, we need to have different conversations between regulators and practitioners. Both need to be held accountable, but the same measure wouldn’t necessarily work for both.
For non-regulators, they should be made accountable for the work that they do and, as mentioned above, could be added to the QuARTS system. The QuARTS system should ensure that building practitioners are meeting the minimum requirements of their registration through random auditing. If a building practitioner is in continue non-compliance, progressive enforcement should be done, ranging from warnings, fines, to suspending BCIN registrations. As well, regulators should ensure that before reviewing any permit issued by a contractor/installer that their BCIN number is current.
For regulators, the Ministry or a provincial agency should be responsible for ensuring that building code regulators are following the proper requirements under the Code.
2. What types of accountability mechanisms do you think might be appropriate if a body enforcing the building code is found not to be meeting its responsibilities under the Building Code Act?
In both cases, progressive enforcement should be used when dealing with individuals not meeting the responsibilities under the Building Code Act. This can include warning, fines and suspension of one’s BCIN. I think it is also important that training can be provided to these individuals and that infractions are being monitored to determine if there are any commonalities that can be addressed as a whole.
3. Do you see any challenges with requiring all building code professionals to adhere to a code of conduct?
If all individuals must adhere to the same code of conduct, there could be issues surrounding different scopes of practice and locations of practice. For example, in regards to specific timelines regarding permit approvals and inspections, it may be more challenging for some regulators to meet those timelines in a large rural demographic region.
4. What should be considered when increasing the number of available enforcement tools and using an escalating enforcement model?
It would be important to ensure that building practitioners have the tools that they need and that education is provided prior to enforcement tools being used.
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?
As mentioned above, a progressive enforcement method should be used. The use of monetary fines should not be the first go-to tool unless the individual has had previous non-compliance issues. If individuals are completing work under an expired registration or using a registration number that is not theirs, there needs to be accountability to ensure that proper practices are being adhered to.
6. How could these penalties be set so that they are fair?
Penalties should be developed using a collective approach by consulting with the industry and principal authorities.

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?
Administrative penalties should be used for any order that is issued under the Code and is not being complied with. The penalties should take into consideration the risk to the environment/public.
2. Are there enforcement tools that would help principal authorities ensure compliance with technical requirements of the building code?
Part 1 fines would be very beneficial for principal authorities to ensure compliance. Currently, that ability does not exist innately within the Code and requires individual enforcement agencies to create their own. Compliance of the Code would be much more achievable if we had escalating enforcement tools and did not have to issue an Part 3 summons each time an order wasn’t complied with.

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?
It is important to maintain local delivery service as they are more aware of the nuance of that region. That being said, it would be beneficial for smaller, more rural principal authorities to have the ability to enlist the help of an outside agency (or principal authority) when uncommon developments are occurring. For example, if a complex building was being developed and the local principal authority does not have the certifications for it, they could hire an outside individual or principal authority to review and approve that permit.
2. If you live in a smaller, rural and/or northern municipality, how would you feel more supported at your municipal building counter?
It would be helpful if we worked together with other Ministries or agencies that are involved with the building industry. For example, if applying for a permit and there are requirements within the Ministry of Labour to report a project, that information should be provided by the principal authority when applying for a permit.

Unincorporated Areas
1. What kind of framework should the province consider for dealing with building code compliance and enforcement in unincorporated areas?
The cost of enforcing Building Code requirements within the unincorporated areas is very costly. As a principle authority that enforces Part 8 of the Building Code, predominantly, most of our work is completed within the unincorporated area. Being a regional entity that covers two complete districts, it is easier for us to accomplish this as there are staff located throughout that region. Another important aspect of developing in the unincorporated is the planning aspect of the project and planning authorities should be involved as well.

Promoting a Consistent Application of Code Requirements
1. Would you support the issuance of technical bulletins and/or code interpretations?
As a principal authority, it would be very helpful to receive technical bulletins and/or code interpretations to ensure that we are providing a consistent approach to applying the building code.
2. If additional resources and guides to help with code interpretation were created, what types of resources would be most useful?
Any document that would promote consistency across the province would be beneficial to receive. It is also important that these resources are heavily researched and based on best practices or scientific reasoning.
3. Would the addition of more visual guidance materials for specific building code issues be helpful?
Some individuals respond better to visual guidance materials so they would also be beneficial.

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?
It would be beneficial to have the code on a mobile device (Android, iOS). The regulation is so large that looking at it on the web is not feasible.
2. In addition to digital versions of the Ontario Building Code Compendium, what other digital guides, resources or tools would you find most useful?
It would be beneficial to show actual images of some of the products or requirements that are mentioned in the code to ensure that individuals have a better understanding of the requirements of the Code.

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?
Our agency does not collect building sector data.
2. How could the potential increase in municipal reporting burden be mitigated?
If data was requested, it would be important to notify the principal authorities what data will be collected and provide any relevant tools to assist with that collection. Principal authorities may need time to implement policies/agreements and tools to even start collecting the data. As well, it would be important to ensure that the data requested remains consistent and not changed on a regular basis.
3. Do you think it would be beneficial if the administrative authority conducted research on behalf of the sector?
It may be beneficial for a provincial agency to monitor trends within the building industry to ensure that innovative methods/materials are being looked at and that best practices are being used.

Funding Better Service Delivery
1. Is the proposed funding model a reasonable approach to delivering improved services to the sector?
Based on the discussion of what a provincial agency would do, it would make sense to keep it within the Ministry’s purview or within an arm’s length. For example, as our agency works within public health, we use Public Health Ontario as a resource. A similar model could be used for the Code that employs expert staff from the field that provides clarification on the Code, reviews new products from manufactures, and develops provincial education tools.
2. Are there impacts in implementing such a fee model that the government should consider?
The proposed funding model may be enough to fund an agency to accomplish this but there will be the understanding that the major urban centres will be primarily funding it. That being said, it would be imperative that the rural areas have similar access to the agency as they would potentially need it more. The other thing to think about is that this government has been pushing open for business within the province, however, this model downloads the cost of this agency on to the private individuals and corporations.