Division C
Administrative Provisions

Part 1AAdministration — Building

Section 1A.3. Obligations of the Owner

1A.3.1. General Responsibilities

1A.3.1.1. Remove Unsafe Conditions

1) When a building or part thereof is in an unsafe condition, the owner shall forthwith take all necessary action to put the building in a safe condition.

1A.3.1.2. Right of Entry

1) Every owner shall allow the Chief Building Official and any person authorized to act on behalf of the Chief Building Official to enter any building or premises at any reasonable time for the purpose of administering and enforcing this By-law.

1A.3.1.3. Permit Required

1) Every owner shall obtain all permits or approvals prior to commencing the work to which they relate.

1A.3.1.4. Plans Required on Site

1) Every owner shall ensure that the plans and specifications on which the issuance of the building permit was based are available at the site of the work for inspection during working hours by the Chief Building Official or any person authorized to act on behalf of the Chief Building Official.

1A.3.1.5. Damage to Public Property

1) Every owner is responsible for the cost of repair of any damage to public property or works located thereon that may occur as a result of undertaking work for which a permit was required.

1A.3.1.6. Site Cleared of Debris

1) Despite the provisions of Subsection 8.1.1. of Division B, every owner shall ensure that upon completion of demolition procedures, all debris and fill shall be cleared and the site levelled or graded, to the satisfaction of the Chief Building Official.

1A.3.2. Administrative Responsibilities

1A.3.2.1. Notice Prior to Work

1) Every owner shall, prior to commencing work, give notice in writing to the Chief Building Official, of

a)the name, address and telephone number of

i)the constructor or other person in charge of the work,

ii)the designer reviewing the work, and

iii)any inspection or testing agency engaged to monitor the work, and

b)any change in or termination of employment of such persons during the course of the construction immediately that such change or termination occurs.

[See Appendix A.]

1A.3.2.2. Other Notices

1) Every owner shall give such other notice to the Chief Building Official as may be required by the Chief Building Official or by a provision of this By-law.

1A.3.2.3. Construction Safety Officer Required

1) Where a building is required by Subsection 2.2.7. to be professionally designed and reviewed, the owner shall, prior to commencing work, ensure that the contractor provides a full-time construction safety officer.

1A.3.3. Inspections

1A.3.3.1. Notice by Owner

1) Every owner shall give notice to the Chief Building Official with at least 24 hours warning

a)of intent to do work that is required or ordered to be inspected during construction,

b)of intent to cover work that is required or ordered to be inspected prior to covering, and

c)when work has been completed so that a final inspection can be made.

1A.3.3.2. Reinspection Fees

1) Every applicant for a reinspection of any portion of a project, which has been previously inspected and where there was a finding of faulty or incomplete work or materials, shall first pay the applicable reinspection fees set out in the Fee Schedule.

1A.3.3.3. Uncovering Work

1) When required by the Chief Building Official, every owner shall uncover and replace at the owner's own expense any work that has been covered without inspection contrary to this By-law or an order issued by the Chief Building Official. [See Appendix A.]

1A.3.4. Compliance

1A.3.4.1. Owner Responsible for Compliance

1) The granting of a permit, the approval of the drawings and specifications or the making of inspections by the Chief Building Official shall not in any way relieve the owner of a building from the full responsibility for carrying out the work or having the work carried out in accordance with this By-law including ensuring that the occupancy of the building, or any part thereof, is in accordance with terms of the occupancy permit, and including compliance with any special conditions made under the provision of Article 1A.6.1.4. [See Appendix A.]

1A.3.4.2. Assure Compliance

1) When required by the Chief Building Official, every owner shall provide to the Chief Building Official letters in the forms set out in Schedules A, B1, B2, C-A and C-B to assure

a)compliance with this By-law and with any permits issued, and

b)that the drawings submitted for a building permit conform substantially with the approved Development permit drawings, except that where differences exist, it shall be the responsibility of the owner to make application for a "Development Permit Amendment" as required by the Zoning and Development By-law.

1A.3.4.3. Tests to Prove Compliance

1) Where required by the Chief Building Official every owner shall make or have made at the owner's own expense, tests or inspections, as necessary to prove compliance with this By-law and shall promptly file a copy of all such tests or inspection reports with the Chief Building Official. [See Appendix A.]

1A.3.4.4. Up-to-Date Survey

1) Every owner shall give the Chief Building Official a survey, certified by a registered land surveyor not less than 30 days before the date of receipt by the Chief Building Official

a)of an existing building and site, when required from time to time by the Chief Building Official, to substantiate the building's location, size, including appendages whether above, at or below ground level, relative to the site, or its relationship to neighbouring grades, and

b)of a new building and site, upon completion of all foundations and footings and before any further construction, including the elevation of a bench mark on the front of the foundation wall, to substantiate its size, location, and elevation.