Ontario’s Construction industry, building inspectors adjust and adapt to COVID-19 challenges

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Ontario Construction News staff writer

Ontario’s construction industry continues to adjust and adapt to working within the COVID-19 crisis. Although Premier Doug Ford has deemed the industry to be “essential” under emergency regulations that have shuttered non-essential businesses, some workers/trades are refusing to work if they don’t find conditions safe. Ministry of Labour inspectors are stepping up job site inspections; seeking to ensure there is adequate washroom and other sanitation, and that workers are not expected to share confined spaces.

Everything is more complex in the current environment, including municipal inspections and permits. Different municipalities have set out different rules, but generally they limit in-person contact at service counters and when inspectors visit sites they need to be satisfied there won’t be anyone around when they are conducting their inspections.

Associations are stepping up to the information/news challenge by providing updated bulletins to members. For example, the Greater Ottawa Home Builders’ Association (GOHBA) sent a note to members advising of some of the issues – and possible solutions – to COVID-19 workplace challenges.

The GOHBA says members should “enact the on-site safety protocols laid out under ‘Jobsite Measures” in GOHBA’s statement on residential construction sites and COVID-19.

“We expect the Ministry of Labour at some point to outline new standards it expects to see on site, but we also understand that MOL has increased site visits at this time – washroom sanitation seems to be the biggest focus currently. MOL will not hesitate to shut down sites for not following enhanced H&S precautions.”

“To help with communications to the public and trades about residential construction and renovation being an essential workplace, as well as members’ commitment to health and safety on site, we’ve developed with OHBA the attached site signage for members’ use. We encourage all members to use these on site – the more these signs are seen the more we as an industry can show and enforce our commitment to health and safety while continuing to deliver the homes that are essential to sheltering our fellow citizens.”

ohba site signage
OHBA’s site signage

The GOHBA also says some trades “are refusing to work due to transmission concerns and/or in solidarity with Quebec’s construction shut down. (Quebec, unlike Ontario, has not excluded the construction industry from mandatory emergency COVID-19 closures.)

The association also says it has received clarification from Ottawa city officials regarding planning applications, inspections and building permits. On Wednesday, Mayor Jim Watson declared a municipal state of emergency, but this does not stop construction and building permitting/inspections from continuing, the association says.

One member asked a question about what would happen when inspectors will not enter “occupied areas of certain building types.”

“If we receive partial occupancy on a residential apartment building, say common areas and floors 1-4, will the inspector come back to inspect the remainder of the unoccupied floors, say 5 -7?,” the member asked.

The GOHBA says John Buck, the city’s deputy Chief Building Official “recommends discussing with the assigned inspector to arrange a strategy that minimizes exposure to all involved.”

“Several strategies can be employed in cases like these, one potentially being arranging direct access to the inspection area (possibly through an enclosed exit, as opposed to through a higher traffic area in the occupied portion of the building, for example),” Buck told the GOHBA.

“Context is everything in cases like these, so please continue site specific, ‘case-by-case’ communication between members and their inspectors. The gist is, we are willing and able to get creative, provided proper health and safety precautions are in place,” Buck said.

Similar municipal inspection working adjustments apply elsewhere in the province. For example, Barrie’s City Hall is closed to the public, but the city’s building department “has a business continuity plan in place,” writes Barrie Chief Building Official Michael Janotta.

“Much of our work can be completed by staff working from home,” Janotta reported to the Barrie Construction Association (BCA). “We are doing everything possible to keep the building process moving in these unprecedented times.”

The city says it continues to process:

  • Building permit applications – available through our APLI public portal only;
  • Plans examination – staff are available by email only as they are working off-site;
  • Building permit issuance – available through the APLI portal or through email;
  • Inspections – Inspections continue for non-occupied buildings. “Social distancing and appropriate practices as recommended by Public Health are being implemented. (Please note if an inspector feels an inspection is potentially endangering their health, they have the right to refuse.)”

“Where special circumstances exist, the Chief Building Official has discretionary authority to allow portions of the work within an occupied space to be reviewed by other means,” Janotta wrote. “This includes any, or a combination of the following; photographic evidence, video recording evidence (face time etc.) and engineering reports.”

“Any such permission must be requested through the building inspector and will apply only to specific agreed upon portions of work. Where these methods have been implemented without prior permission, they will not be accepted. Building inspectors have the authority to accept or reject any submitted reports.”

The COVID-19 crisis has resulted in some service curtailments in Barrie, including in-person permit applications, fast-track applications, routine disclosure of documents, Freedom of Information requests and compliance letters.

“Inspectors will not be conducting inspections within any occupied buildings until further notice,” Janotta said, observing: “These guidelines are subject to change as dictated by public health requirements and government legislation.”

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