Last updated
Values this chapter turns on
- an inspector has during an inspection under s. 18(1)
- 6 powers
- an inspector has during an inspection under s. 18(1)
- protected from obstruction under s. 19(1)
- 4 roles
- protected from obstruction under s. 19(1)
- that must carry and show their certificate on duty
- 3 roles
- that must carry and show their certificate on duty
- on posted orders: hiding them and removing them
- 2 bans
- on posted orders: hiding them and removing them
This section of the syllabus is short and specific. Only four provisions are listed: the duty to carry identification (BCA s. 15.23BCA s. 15.23 Duty to carry identificationThe chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.), the powers of an inspector during an inspection (BCA s. 18(1)BCA s. 18 Powers of inspector(1) For the purposes of an inspection under this Act, an inspector may, (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the building or any part thereof; (b) inspect and remove documents or things relevant to the building or part thereof…), the ban on obstructing an inspector (BCA s. 19(1)BCA s. 19 Obstruction of inspector, etc.(1) No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act. (2) A refusal of consent to enter or remain in a place actually used as a…) and the ban on obstructing or removing a posted order (BCA s. 20BCA s. 20 Obstruction or removal of orderNo person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency.). Entry to dwellings (s. 16), recovery of expenditures (s. 17.1) and search warrants (s. 21) are not on this exam.
For a designer, these rules matter on site: an inspector may ask you for drawings, take copies, bring an expert or order tests, and nobody on the project may get in the way.
Duty to carry identification (s. 15.23)
"The chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request."
| Person | Document carried |
|---|---|
| Chief building official | Certificate of appointment (issued by the clerk under s. 3(8) for a municipality) |
| Inspector | Certificate of appointment |
| Person authorized by an RCA | Certificate of authorization (Division C 3.7.4.5. sets its contents) |
They must carry it while on duty and show it when asked. The Act does not require uniforms, advance notice or a second person.
Powers of an inspector (s. 18(1))
For the purposes of an inspection under the Act, an inspector may:
| Clause | Power |
|---|---|
| (a) | Require production of documents or things, including drawings or specifications, that may be relevant to the building |
| (b) | Inspect and remove relevant documents or things for the purpose of making copies or extracts |
| (c) | Require information from any person concerning a matter related to the building |
| (d) | Be accompanied by a person who has special or expert knowledge |
| (e) | Alone or with an expert, make examinations or take tests, samples or photographs |
| (f) | Order any person to take and supply, at that person's expense, tests and samples specified in the order |
Two points come up often:
- Removal under clause (b) is only to copy or extract. It is not a seizure power. (The rest of s. 18 deals with receipts and returning documents, but those subsections are outside this syllabus.)
- The cost of tests ordered under clause (f) falls on the person ordered, not on the municipality. Division C 1.3.5.5. requires that order to be in a form approved by the Minister.
Obstruction of inspectors (s. 19(1))
"No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act."
Notes:
- An attempt is enough.
- The protected list covers the chief building official, inspectors, property standards officers and RCA-authorized persons.
- Breaching it is an offence under s. 36(1)(c) (chapter 8).
Obstruction or removal of orders (s. 20)
"No person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency."
There are two separate prohibitions here:
- Obstructing visibility. Hiding a posted order (with a trailer, a sign, hoarding) breaches s. 20 even if the order stays on the wall.
- Removing it. Taking a posted order down without authorization from an inspector, officer or RCA breaches s. 20.
Remember that stop work orders take effect from posting (s. 14(3)), and unsafe building occupancy orders take effect when posted too. Posting is a real enforcement step, which is why the Act protects it.
Worked examples
Example 1. An inspector suspects the steel lintels on site are undersized and asks the general contractor for the shop drawings. The contractor refuses. The inspector may require production under s. 18(1)(a), and refusing to produce is an offence (s. 19(4)(a), with the penalty in s. 36).
Example 2. An inspector doubts the strength of placed concrete. Under s. 18(1)(f) the inspector may order the contractor to take cores and supply test results at the contractor's own expense.
Example 3. A site supervisor tears down a posted order so the client will not see it. That is removal without authorization under s. 20, regardless of whether the order is later complied with.
Example 4. A person who says they are with the registered code agency arrives to inspect but has no certificate of authorization. Section 15.23 requires them to carry it and produce it on request, so the builder is entitled to ask to see it.
Common traps
- Choosing "seize and keep the drawings" for s. 18(1)(b). It is removal to make copies or extracts.
- Choosing "the municipality pays" for ordered tests. The person ordered pays.
- Thinking s. 20 only covers removal. Blocking the view of the order is also prohibited.
- Thinking RCA staff are outside s. 19. Persons authorized by a registered code agency are expressly protected.
Chapter review
Chapter at a glance
One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.
- Duty to carry identification (s. 15.23)
"The chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of…
- Obstruction of inspectors (s. 19(1))
"No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the…
- Obstruction or removal of orders (s. 20)
"No person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or…
Usual exam traps
- Choosing "seize and keep the drawings" for s. 18(1)(b). It is removal to make copies or extracts.
- Choosing "the municipality pays" for ordered tests. The person ordered pays.
- Thinking s. 20 only covers removal. Blocking the view of the order is also prohibited.
- Thinking RCA staff are outside s. 19. Persons authorized by a registered code agency are expressly protected.
Practice this chapter
Questions on Inspection and enforcement powers, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.
Code cited in this chapter
Based on the official Building Code Act, 1992 on e-Laws.
BCA s. 15.23 Duty to carry identification
Open BCA s. 15.23 in the code viewerThe chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.
BCA s. 18 Powers of inspector
Open BCA s. 18 in the code viewer(1)For the purposes of an inspection under this Act, an inspector may,
(a)require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the building or any part thereof;
(b)inspect and remove documents or things relevant to the building or part thereof for the purpose of making copies or extracts;
(c)require information from any person concerning a matter related to a building or part thereof;
(d)be accompanied by a person who has special or expert knowledge in relation to a building or part thereof;
(e)alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and
(f)order any person to take and supply at that person’s expense such tests and samples as are specified in the order.
(2)A sample taken under clause (1) (e) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if,
(a)the person requests that the sample be divided at the time it is taken and provides the necessary facilities; and
(b)it is technically feasible to divide the sample.
(3)If an inspector takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.
(4)An inspector shall provide a receipt for any document or thing removed under clause (1) (b) and shall promptly return them after the copies or extracts are made.
(5)Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals.
(6)The prescribed form or the form approved by the Minister must be used for an order under subsection (1).
BCA s. 19 Obstruction of inspector, etc.
Open BCA s. 19 in the code viewer(1)No person shall hinder or obstruct, or attempt to hinder or obstruct, a chief building official, inspector, officer or a person authorized by a registered code agency in the exercise of a power or the performance of a duty under this Act.
(2)A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of subsection (1) unless the inspector, officer or authorized person is acting under a warrant issued under this Act or in the circumstances described in clause 16 (1) (b), (c) or (d).
(3)Every person shall assist any entry, inspection, examination, testing or inquiry by an inspector, chief building official, officer or a person authorized by a registered code agency in the exercise of a power or performance of a duty under this Act.
(4)No person shall neglect or refuse,
(a)to produce any documents, drawings, specifications or things required under clause 15.8 (1) (a) or (e) by an officer or under clause 18 (1) (a) or (e) by an inspector or by a person authorized by a registered code agency; or
(b)to provide any information required under clause 15.8 (1) (c) by an officer or under clause 18 (1) (c) by an inspector or by a person authorized by a registered code agency.
BCA s. 20 Obstruction or removal of order
Open BCA s. 20 in the code viewerNo person shall obstruct the visibility of an order and no person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, officer or registered code agency.