Comment 6364

By markwhittle (registered) - website | Posted April 14, 2007 at 08:53:39

Once you peal back the layers of outrage generated by the homeowner's sensationalized plight the real problem emerges; the builder did a lousy job and tried to cover it up cosmetically to fool the homeowner and Building Inspector Staff.

I'm surprised the builder in question hasn't already called in the Bulldozers and leveled the place, start over and do the job right for the sake of the Industry he represents.

And City Manager Glen Peace had this to say respecting where the onus lies in the lead off position on the letters-to-the-editor pages of the Hamilton Spectator;

http://www.hamiltonspectator.com/NASApp/...

Take comfort from our building staff

By Glen Peace, city manager The Hamilton Spectator(Apr 14, 2007)

Letters@thespec.com

Re: 'Nightmare home' (April 7)

The safety of occupants is first and foremost in the minds of City of Hamilton building staff when it comes to overseeing home construction. It is important for residents to understand the city's role and obligations against those of the developers and homeowners.

Firstly, the City of Hamilton does not contravene the Ontario Building Code Act, nor does the city allow construction without a permit. About 95 per cent of the time, individuals follow the proper process and receive their building permit prior to beginning construction.

However, there are times when construction does begin without the required permit and without the city's knowledge. There are written city policies and procedures to deal with those times. In 2006, the city issued 208 orders to comply for construction commencing without the required permit out of 4,236 building permits issued.

It is also important to know that if there is not reasonable compliance with issued orders, the city will lay charges against the builder/contractor or homeowner. However, charges may not necessarily be laid against every person who does not comply with an order. Staff will work with everyone involved to remedy the problem before laying charges, while at the same time ensuring that construction is being done within code. The city receives voluntary compliance with most orders, without having to issue a stop-work order. However, even when a stop-work order is issued, there is no guarantee the builder will stop construction; then the city must proceed through the courts.

The Ontario Building Code requires that municipalities perform inspections at specific stages. These inspections relate to structural integrity and safety, and the city does not inspect for workmanship or cosmetics as these are the responsibility of the builder.

It is important to note city inspectors are not on site during the entire construction process, and it is the builder's responsibility to ensure the building is being constructed to meet all aspects of the Ontario Building Code.

Hamiltonians should take comfort in knowing that the city's highly qualified building inspectors work hard to ensure provincial requirements are met or exceeded in ensuring structurally safe homes for its residents.

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