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BUILDING CODE COMMISSION
SERVICE STANDARD POLICY

 

1. Purpose:

1.1 The Building Code Commission (the “Commission”) is committed to providing a fair, impartial and timely appeals process for resolving Building Code disputes.
1.2 The Commission’s Service Standard Policy includes the Commission’s General Service Standards, its Complaint Policy, and its Accessibility Policy.

2. General Service Standards:

2.1 In fulfilling its mandate, the Commission aims to meet the service standards listed below. In addition, the Commission adheres to the Ministry of Municipal Affairs and Housing’s customer service standards.

3. For hearings made under clause 24(1)(a) of the Building Code Act, 1992, regarding sufficiency of compliance with the technical requirements of the Building Code:

3.1 The Commission will acknowledge receipt of an application for hearing within five (5) business days of receipt of an application.

3.2 Hearings are usually held within eight weeks of receiving the required documentation from the parties in a timely manner (i.e. completed application and confirmation of the dispute.)

3.3 The Commission will communicate its decision to the parties within fifteen (15) business days of the conclusion of the hearing.

3.4 Hearings will be held in French upon request.

3.5 Hearings may be held by telephone conference upon request.

4. For hearings made under clauses 24(1)(b) or (c) of the Building Code Act, 1992, regarding the time frames associated with issuance of municipal building permits and site inspection service levels:

4.1 The Commission will acknowledge receipt of complete submissions and provide a date for appeal hearings within two (2) business days for timeframe appeals.

4.2 Hearings will be held within five (5) business days of receiving the completed application.

4.3 The Commission will communicate its decision to the parties within fifteen (15) business days of the conclusion of the hearing.

4.4 Hearings will be held in French upon request.

4.5 Hearings may be held by telephone conference upon request.

5. Nothing in the Commission’s Service Standard Policy shall be interpreted as affecting any process or remedy available under the Ombudsman Act or any right to bring an application for a judicial review of a Commission’s decision.

6. Purpose:

6.1 The Building Code Commission (the “Commission”) is committed to providing the highest quality of service to the public. The Commission is also committed to resolving complaints about the service it provides. The purpose of this policy is to create a transparent and fair method of responding to these complaints.

7. Scope:

7.1 Dissatisfaction with the outcome of an application to the Commission is not a ”complaint“ for the purposes of this policy, and the complaints procedure in this policy should not be viewed as a form of request for reconsideration or appeal of particular Commission decisions.

7.2 The subject matter of complaints that may be considered under this policy include Commission policies and procedures or their application in a particular case, complaints regarding non-compliance with the service standards, the conduct of Commission members or staff, or the quality of service received from the Commission.

7.3 While this policy creates a formal mechanism for complaints to be made to the Commission, the Commission encourages the informal resolution of complaints directly with it and its staff at any time, even during a hearing.

8. Complaints Procedure:

8.1 Complaints to the Commission under this policy must be submitted in writing and be signed and dated by the complainant. Correspondence to the Commission under this policy should be labelled ”Personal and Confidential.”

8.2 The Commission will attempt to provide a response to a written complaint within 15 business days after the complaint is received. Where this is not possible, the complainant will be informed, and will be given an estimate of the time within which the Commission expects to be able to respond to the complaint.

8.3 Complaints made to the Commission are, subject to the Freedom of Information and Protection of Privacy Act, treated as confidential.

9. Submission of Complaints:

9.1 A complaint about a Commission staff person may be raised with that person directly or may be made to the staff person’s supervisor or to the Commission Chair. In the event that the complaint is made directly to the staff member and a satisfactory resolution has not been obtained, the complaint should be sent to the staff member’s supervisor or the Commission Chair.

9.2 A complaint about a Commission Member should be directed to the Commission Chair.

9.3 A complaint about the Commission Chair should be directed to the Minister of Municipal Affairs and Housing.

9.4 A complaint regarding non-compliance with the established service standards may be directed to the Coordinator of the Building Innovation Section or the Commission Chair.

10. Contact Information

10.1 The addresses of key Commission contact persons are:

POSITION and ADDRESS 

NAME

TELEPHONE

FAX

 

 Secretary, Building Code Commission

 Ministry of Municipal Affairs and Housing

 2 Floor, 777 Bay Street

 Toronto, Ontario

 M5G 2E5

 

Vacant

 

416-585-6645

 

416-585-7531

 

 Coordinator, Building Innovation

 Ministry of Municipal Affairs and Housing

 2 Floor, 777 Bay Street

 Toronto, Ontario

 M5G 2E5

 

Sally England-Bizjak

 

416-585-6503

 

416-585-7531

 

 A/Director, Building & Development  Branch

 Ministry of Municipal Affairs and Housing

 2 Floor, 777 Bay Street

 Toronto, Ontario

 M5G 2E5

 

Brenda Lewis

 

416-585-6656

 

416-585-7531

 

 Chair, Building Code Commission

  c/o Ministry of Municipal Affairs and Housing

 2 Floor, 777 Bay Street

 Toronto, Ontario

 M5G 2E5

 

Antonio Chow

 

416-585-6503

 

416-585-7531

 

 Minister of Municipal Affairs and Housing

 17 Floor, 777 Bay Street

 Toronto, Ontario

 M5G 2E5

 

The Hon. Kathleen Wynne

 

416-585-7000

 

416-585-7531

 

The Commission’s accessibility standard is included here for completeness,
although production of this policy is not required by the Adjudicative Tribunals Accountability Governance and Appointments Act, 2009

11. Commitment to Accessibility:

11.1 The Building Code Commission (“the Commission”) supports the full inclusion of persons with disabilities as set out in the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, The Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act (AODA), 2005.

11.2 The Commission is committed to providing the highest quality of service to the public. This includes a commitment to providing an inclusive and accessible environment, in which all members of the public have equal access to its services and are treated with dignity and respect.

11.3 The Commission is committed to providing services in accordance with the Accessibility Standards for Customer Service and the Integrated Accessibility Standards regulations made under the AODA.

12. Scope:

12.1 The Commission is committed to providing accommodation for needs related to: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy and gender identity), sexual orientation, age, marital status, family status and disability, unless to do so would cause undue hardship. Disability includes physical disabilities, sensory disabilities, mental health disabilities, and “non-visible” disabilities such as learning disabilities or environmental sensitivities.

13. Commission Location:

13.1 Hearings are usually held at 777 Bay Street in Toronto. The Accessibility Standards for Customer Service regulation applies to Ontario Public Service buildings. The Commission tries to schedule hearings in suitable facilities. Materials posted online are in accessible format, and Commission documents are available in accessible formats upon request.

14. Principles:

14.1 The following principles will guide the Commission in making its processes accessible:

14.1.1 Services will be provided in a manner that respects the dignity and independence of members of the public. The Commission will conduct adjudicative processes in a timely manner, with fairness, integrity and respect.

14.1.2 The Commission will provide services in a manner that fosters physical and functional access to Commission processes and promotes the inclusion and full participation of members of the public.

14.1.3 All persons will be given equal opportunity to obtain, use and benefit from Commission services. Where required, individualized accommodation will be provided, short of undue hardship. The Commission will provide clear, accurate, helpful and consistent information. The Commission will also communicate with a person with a disability in a manner that takes into account his or her disability.

15. Application of the Policy:

15.1 This policy applies to Commission public offices, staff and members. The policy promotes equal access for all individuals including parties, witnesses and representatives, to fully participate in all Commission processes, short of undue hardship. In this policy, the term “member” is used to designate all adjudicative positions at the Commission and includes the Chair, Vice Chairs and members.

16. Building Code Commission Actions to Achieve Accessibility:

The Commission takes the following actions to promote an accessible environment. These are in addition to specific accommodations that may be requested on a case-by-case basis.

16.1 Assistive Devices:

16.1.1 The Commission recognizes that some individuals may require the use of an assistive device. The Commission Secretary should be contacted in advance of the proceedings if any special arrangements are required for the use of the device at a Commission proceeding.

16.1.2 The Commission recognizes that some individuals require the use of devices to assist with daily needs including communication, mobility, personal care or medical needs. The Commission will work to accommodate such services and devices, but will generally not arrange to supply them.

16.2 Use of Service Animals:

16.2.2 The Commission further recognizes that some individuals may need to use a service animal to participate in Commission proceedings. The Commission Secretary should be contacted in advance of the proceedings if any special arrangements are required for the animal.

16.3 Use of Support Persons:

16.3.1 The Commission recognizes that some individuals may need to use the services of a support person to participate in Commission proceedings.

The Commission will ensure that both persons are permitted to enter the premises together, and that the person with a disability is not prevented from having access to the support person.
16.4 Offices:

16.4.1 The Commission’s offices are located at 777 Bay Street in Toronto. Hearings are usually held in this building. The building’s front doors and elevators, and the Commission’s public offices, are accessible to wheelchairs, scooters and other mobility devices.

16.5 Notice of Temporary Disruptions:

16.5.1 Where an accessibility or accommodation measure provided by the Commission becomes unavailable, the Commission will provide notice to affected parties as soon as practicable.

16.6 Communications:

16.6.1 The Commission will communicate with persons with disabilities in ways that take into account their disability. This means that both staff and members of the Commission will communicate by a method that enables persons with disabilities to communicate effectively for purposes of using, receiving and requesting Commission services.
16.6.2 The Commission, when requested, will provide services at hearings such as American Sign Language (ASL) and langue des signes québecoise (LSQ).

16.7 Request for Accommodation:

16.7.1 Requests for accommodation measures should be made to the Secretary of the Commission, as soon as possible in advance of a Commission proceeding.

16.7.2 The Commission recognizes that accommodation needs may arise during any aspect of the process. If an accommodation issue comes to the attention of Commission staff, efforts will be made to accommodate. During Commission proceedings, if a request not previously raised with the Commission Secretary is made, the member will facilitate efforts to accommodate the request.

16.8 Format of Information Materials:

16.8.1 The Commission’s informational materials, forms and notices to the public are available in print and on the Commission’s webpage. Documents created by the Commission will be made available, upon request, in alternate formats to accommodate disability-related needs. When requested, the Commission will advise the individual of the time frame for providing the document in the requested format. Commission documents posted online will be in accessible formats, as required by the Integrated Accessible Standards Regulation.

17. Training:

17.1 Training will be provided to staff and members to ensure that they understand this policy, and how to undertake accessibility and accommodation measures in accordance with it and with the Accessibility Standards for Customer Service and the Integrated Accessible Standards Regulations.

17.2 The Commission will maintain and update a record describing accessibility training delivered to staff and members, including content of the training, and when and to whom the training has been provided.

18. Feedback Process:

18.1 Comments or feedback about Commission services may be directed to the Commission Secretary. Feedback may be made in writing, by phone, or via email.

19. Accessibility Requests:

19.1 The Commission will schedule hearings in suitable and accessible facilities. For hearing accommodations or any other accessibility request, the Commission Secretary should be contacted in advance of the proceedings if any special arrangements are required.

Contact information:

Attention: Secretary, Building Code Commission
C/o Ministry of Municipal Affairs and Housing
2nd Floor, 777 Bay Street
Toronto, Ontario
M5G 2E5

Telephone: 416-585-6645
Fax: 416-585-7531