* published on the City's website on October 23, 2020
Note: referred to this meeting pursuant to the following recommendation:
CW232-2020
That the following motion be referred to staff (Chief Building Official and Enforcement and By-Law Services) to identify additional compliance and enforcement mechanisms regarding secondary units and report back with a draft letter for consideration:
WHEREAS the City of Brampton’s Building and Enforcement staff have received a number of complaints regarding property owners who may be converting a house from a single family dwelling to a multi-unit dwelling, without a permit, but have experienced difficulty obtaining entry to carry out inspections;
AND WHEREAS these conversions and renovation projects are potentially putting occupants at risk due to poor construction or contravention of the fire code;
AND WHEREAS there is a prevalence in illegal construction activities across the City of Brampton in recent years;
AND WHEREAS according to section 12 of the Ontario Building Code Act (the “Act”), an inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting the building or site to determine whether or not the Act and the Building Code have been complied with and, if contraventions are found, may make orders directing compliance;
AND WHEREAS according to section 16 of the Act, an inspector shall not enter or remain in any room or place actually being used as a dwelling without consent of the occupier, notwithstanding the section 12 right of entry;
AND WHEREAS there are instances where Building and Enforcement staff require access into a dwelling to determine whether the Act and Building Code are being complied with;
AND WHEREAS the City’s Building and Enforcement staff are mindful of the privacy rights of residents related to dwellings but also understand that there are examples where access into dwellings is justified as set out in the exemptions described in section 16 of the Act;
AND WHEREAS City Councillor Jeff Bowman has written and spoken to the Premier of Ontario, the Minister of Municipal Affairs and Housing and to the Solicitor General over the past two years, with no response or commitment to action from the Province;
THEREFORE BE IT RESOLVED that the Mayor of the City of Brampton send a letter on behalf of Council with a copy of this resolution to the Hon. Steve Clark (Minister of Municipal Affairs and Housing), requesting that section 16 of the Ontario Building Code Act be amended to allow inspectors to enter into dwellings to ensure compliance with the Act where the inspector has reasonable grounds to believe that construction has or is taking place within the dwelling for the purpose of creating an additional rentable occupancy space, without a permit.
Further, a copy of the letter be sent to the Premier of Ontario, the Solicitor General of Ontario and Members of Peel Regional Council.