Another Citizen Comments on Building Code Violations

I have heard through the grapevine this week that Kearney is in violation of the Building Code Act, so I did a little research and here is what I learned.

Taken from the Building Code Act:

Code of conduct

7.1  (1)  A principal authority shall establish and enforce a code of conduct for the chief building official and inspectors. 2002, c. 9, s. 12.

Purposes

(2)  The following are the purposes of a code of conduct:

     1. To promote appropriate standards of behaviorand enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.

     2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.

     3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under this Act or the building code by the chief building official and inspectors. 2002, c. 9, s. 12.

Contents

(3)  A code of conduct must provide for its enforcement and include policies or guidelines to be used when responding to allegations that the code has been breached and disciplinary actions that may be taken if the code is breached. 2002, c. 9, s. 12.

Public notice

(4)  The principal authority shall ensure that the code of conduct is brought to the attention of the public. 2002, c. 9,

“principal authority” means,

(a) the Crown,

(b) the council of a municipality,

(c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),

(d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),

(e) a planning board that has been prescribed for the purposes of subsection 3.1 (1), or

(f) a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)

“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)

“regulations” means regulations made under this Act. (“règlements”) 1992, c. 23, s. 1 (1); 1997, c. 24, s. 224 (1, 2); 1997, c. 30, Sched. B, s. 1; 1999, c. 12, Sched. M, s. 1; 2002, c. 9, s. 2 (1-3); 2002, c. 17, Sched. C, s. 1 (1); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. O, s. 1 (1); 2006, c. 21, Sched. F, s. 104 (1-3); 2006, c. 22, s. 112 (1).

When I learned this I phoned the Building Code Commission myself. They advised me that every Municipality is required to create a "Code of Conduct" for their CBO and inspectors, and then enforce it. If they do not have one then the Municipality (Council) is in violation of the legislation.

Guess what.....Kearney does not have a "Code of Conduct" for the CBO, and is in fact in violation of the legislation! So when the Mayor says "sorry, we have no jurisdiction over the CBO" He is WRONG! They (Council) are suppose to have jurisdiction over the CBO and how he implements the Building Code and to make sure there is no abuse of power. The problem is without having the "Code of Conduct" Mr. Hess can do whatever he wants!

Council needs to be held responsible for this, and for their CBO!

Anonymous

Note: Mayor Paul Tomlinson is quoted by the Almaguin News (April 19, 2012 - Page 5) as saying "Council has no jurisdiction over the Building Code. We can't tell Mr. Hess what he can do and what he can't do." So as usual, Tomlinson has either lied, or he just doesn't have a clue. Tough call.

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