Last updated
Values this chapter turns on
- cycle for mandatory sewage system inspections
- 5 years
- cycle for mandatory sewage system inspections
- Lake Simcoe shoreline strip under the program
- 100 m
- Lake Simcoe shoreline strip under the program
- past employment that bars a certificate signer
- 180 days
- past employment that bars a certificate signer
- kinds of person who may sign an inspection certificate
- 4
- kinds of person who may sign an inspection certificate
Unsafe buildings are where a chief building official's powers are strongest: prohibiting occupancy, repairing or demolishing at the owner's expense, and acting before an order is even served when there is immediate danger. This chapter covers sections 15.9, 15.10 and 15.10.1 of the Act and the sewage system maintenance inspection programs in Division C Section 1.10. Property standards (sections 15.1 to 15.8) and building condition evaluation programs (s. 15.10.2) are outside this exam's syllabus.
Unsafe building inspections and orders
An inspector may enter land and buildings at any reasonable time without a warrant to decide whether a building is unsafe, or whether an unsafe order has been complied with (BCA s. 15.9BCA s. 15.9 Inspection of unsafe buildings(1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine, (a) whether the building is unsafe; or (b) whether an order made under subsection (4) has been complied with. (2) A building is unsafe if the building is, (a)…). Entry to a room actually used as a dwelling still follows s. 16.
A building is unsafe if it is "structurally inadequate or faulty for the purpose for which it is used", or in a condition that could be hazardous to the health or safety of people in normal use, people outside, or people whose access "has not been reasonably prevented" (s. 15.9(2)). A sewage system is also unsafe if it is not maintained or operated in accordance with the Act and the code (s. 15.9(3)).
The process has two tiers:
| Tier | Who | What | Service and posting |
|---|---|---|---|
| Unsafe order, s. 15.9(4) | inspector | reasons the building is unsafe, remedial steps, time to comply | served on the registered owner, each person apparently in possession, and others the CBO decides; copy "may" be posted |
| Prohibit use or occupancy, s. 15.9(6)(a) | CBO | order prohibiting use or occupancy | same persons; copy "shall" be posted; effective from posting |
| Remedial work, s. 15.9(6)(b) | CBO | renovate, repair or demolish, or other action to protect the public | entry without warrant for the CBO, inspectors and agents |
The second tier is available only if the inspector's order is not complied with in the time specified, or a reasonable time if none. The prescribed or Minister-approved form must be used. A copy may be posted on the principal authority's website or opened to public inspection, and may be registered on title; a later buyer is then deemed served on the original service date. When a registered order is satisfied, the CBO registers a discharge certificate.
Cost recovery. In a municipality the amount spent under clause (6)(b) is a lien with priority lien status. In territory without municipal organization it is a debt to the Crown, collectable under the Provincial Land Tax Act, 2006 as if it were tax. Section 17.1 lets a board of health, planning board, conservation authority, upper-tier or the Crown have a municipality collect the amount.
One limit: no s. 15.9 order may be made if an order may be made under s. 15.10.3(2) for the same building and subject matter (s. 15.9(12)).
Emergency orders, liens and deemed taxes
Section 15.10 applies when, on inspection, an inspector "is satisfied that the building poses an immediate danger to the health or safety of any person" (BCA s. 15.10BCA s. 15.10 Emergency order where immediate danger(1) If upon inspection of a building an inspector is satisfied that the building poses an immediate danger to the health or safety of any person, the chief building official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out immediately…). Then the CBO may order remedial repairs or other work "to be carried out immediately to terminate the danger."
The sequence:
- The inspector inspects and is satisfied there is immediate danger.
- The CBO makes the order, with particulars of the dangerous conditions.
- Before or after service, the CBO may take any measures needed to end the danger; the CBO, inspectors and agents may enter "at any time" without a warrant.
- If the order was not served first, the CBO serves it as soon as practicable afterward, with a statement of the measures taken and the amount spent. If it was served first, the CBO serves the statement afterward.
- As soon as practicable after service, the CBO must apply to the Superior Court of Justice to confirm the order. The court holds a hearing.
- The court confirms, modifies or rescinds the order and decides whether the cost is recoverable in whole, in part or not at all. That disposition is final.
- The recoverable amount becomes a priority lien (municipality) or a Crown debt (unorganized territory).
Despite the general liability rule in s. 31(2), the Crown, municipality, upper-tier, board of health, planning board or conservation authority is not liable to compensate the owner, occupant or anyone else for anything reasonably done to terminate the danger (s. 15.10(4)).
| Feature | s. 15.9 unsafe | s. 15.10 emergency |
|---|---|---|
| Threshold | unsafe | immediate danger |
| Who orders | inspector, then CBO escalates | CBO, after an inspector is satisfied |
| Time to comply | specified time | immediately |
| CBO may act | only after non-compliance | before or after service |
| Entry for work | any reasonable time | at any time |
| Court step | none required | CBO must apply to confirm |
| Cost recovery | lien or Crown debt for all amounts spent | only what the judge finds recoverable |
Maintenance inspection programs
A maintenance inspection program is one established under clause 7(1)(b.1) or subsection 34(2.2). An inspector may enter land and buildings at any reasonable time without a warrant to carry out a maintenance inspection, and may order compliance if a contravention is found (BCA s. 15.10.1BCA s. 15.10.1 Maintenance inspections(1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of conducting a maintenance inspection. (2) An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require…). The order is served on the person believed to be contravening, on the approved form, and the inspector "may post" a copy on the site.
Division C Section 1.10 has two kinds of sewage system programs:
Discretionary programs (OBC Div. C 1.10.1.2.OBC Div. C 1.10.1.2. Application and Inspections(1) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program. (2) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect…). A principal authority may set up a program by by-law under clause 7(1)(b.1). It must apply to all sewage systems in the program area, and an inspector must inspect each one, unless the principal authority accepts a certificate instead.
Mandatory program (OBC Div. C 1.10.2.3.OBC Div. C 1.10.2.3. Maintenance Inspection Program(1) Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B. (2) The areas referred to in Sentence (1) are: (a) the strip of land that is located along the Lake Simcoe…). The principal authority with jurisdiction must inspect sewage systems in areas the code lists: a 100 m strip along the Lake Simcoe shoreline (with listed exceptions), 100 m strips along qualifying rivers, streams, lakes and ponds in the Lake Simcoe watershed, and areas where a sewage system is a significant drinking water threat under the Clean Water Act, 2006. Inspection checks compliance with Section 8.9. of Division B (operation and maintenance).
Timing (OBC Div. C 1.10.2.4.OBC Div. C 1.10.2.4. Time Periods for Maintenance Inspections(1) An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a), (a) initially, no later than five years after the construction of the sewage system, and (b) thereafter, every five years after the most recent inspection of the…): the first inspection within five years after construction (or, for older systems in drinking water threat areas, within five years after the relevant approval notice), then every five years after the most recent inspection.
Certificate instead of inspection (OBC Div. C 1.10.1.3.OBC Div. C 1.10.1.3. Certificate as Alternative to Maintenance Inspection(1) A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is…): the principal authority may accept a certificate from the property owner, on a Minister-approved form, signed by a qualified person who inspected the system and is satisfied it complies. Eligible signers: a person registered under 3.2.4.2. in the On-site Sewage Systems class, a person registered under 3.3.3.2., an architect, or a professional engineer. A signer with a conflict of interest may not sign: for example, someone who took part in designing or building the system, someone employed in the previous 180 days by the designer or builder, or an elected official, officer or employee of a principal authority. The mandatory program applies the same rules (OBC Div. C 1.10.2.5.OBC Div. C 1.10.2.5. Certificate as Alternative to Maintenance Inspection(1) The principal authority that administers the maintenance inspection program established under Sentence 1.10.2.3.(1), may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.2.3.(1), accept a certificate described in Sentence (2) from the owner of the property on which the…).
Worked scenarios
Leaning chimney, no immediate danger. An inspector finds a cracked masonry chimney on a house. The inspector orders repair within 30 days under s. 15.9(4). Nothing happens. The CBO may now prohibit occupancy, and may hire a contractor to remove the chimney, with the cost as a lien on the land.
Wall collapsing onto a sidewalk. The inspector is satisfied of immediate danger. The CBO orders shoring immediately and has a contractor shore it that night, before service. The CBO then serves the order with a statement of costs and applies to the Superior Court of Justice to confirm it.
Lake Simcoe septic. A sewage system 60 m from the Lake Simcoe shoreline, in no excepted portion, was built in 2023. Its first mandatory inspection is due no later than five years after construction.
Common traps
- Under s. 15.9 the inspector makes the first order; under s. 15.10 the CBO makes the order once an inspector is satisfied.
- Posting is optional for a s. 15.9(4) order but mandatory for a s. 15.9(6)(a) prohibition and a s. 15.10 order.
- Only the s. 15.10 route requires a court application, and that court's disposition is final.
- A municipal employee cannot sign a maintenance certificate: it is a listed conflict.
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.
- Unsafe building inspections and orders
A building is unsafe if it is "structurally inadequate or faulty for the purpose for which it is used", or in a condition that could be hazardous to the health or safety of people…
- Emergency orders, liens and deemed taxes
Section 15.10 applies when, on inspection, an inspector "is satisfied that the building poses an immediate danger to the health or safety of any person".
- Maintenance inspection programs
A maintenance inspection program is one established under clause 7(1)(b.1) or subsection 34(2.2).
Usual exam traps
- Under s. 15.9 the inspector makes the first order; under s. 15.10 the CBO makes the order once an inspector is satisfied.
- Posting is optional for a s. 15.9(4) order but mandatory for a s. 15.9(6)(a) prohibition and a s. 15.10 order.
- Only the s. 15.10 route requires a court application, and that court's disposition is final.
- A municipal employee cannot sign a maintenance certificate: it is a listed conflict.
Practice this chapter
Questions on Unsafe buildings and maintenance inspection programs, 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 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
BCA s. 15.9 Inspection of unsafe buildings
Open BCA s. 15.9 in the code viewer(1)An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine,
(a)whether the building is unsafe; or
(b)whether an order made under subsection (4) has been complied with.
(2)A building is unsafe if the building is,
(a)structurally inadequate or faulty for the purpose for which it is used; or
(b)in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented.
(3)In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not maintained or operated in accordance with this Act and the building code.
(4)An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order.
(5)The order under subsection (4) shall be served on the registered owner and each person apparently in possession of the building and such other persons affected by the order as the chief building official determines and a copy of the order may be posted on the site of the building in a location visible to the public.
(5.1)The prescribed form or the form approved by the Minister must be used for an order made under this section.
(5.2)A copy of an order made under this section may be,
(a)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(5.3)If an order made under this section is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(5.4)When the requirements of an order described in subsection (5.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(5.5)In the case of an order that has been made available to the public in accordance with clause (5.2) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(6)If an order of an inspector under subsection (4) is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official,
(a)may by order prohibit the use or occupancy of the building; and
(b)may cause the building to be renovated, repaired or demolished to remove the unsafe condition or take such other action as he or she considers necessary for the protection of the public.
(7)For the purpose of clause (6) (b), the chief building official, an inspector and their agents may enter upon land and into buildings at any reasonable time without a warrant.
(8)The order under clause (6) (a) shall be served on the registered owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy of the order shall be posted on the site of the building in a location visible to the public.
(9)The order under clause (6) (a) is effective from the time it is posted.
(10)If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (6) (b) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(11)If the building is in territory without municipal organization, the amount spent on the renovation, repair, demolition or other action under clause (6) (b) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
(12)No order may be made under this section if an order may be made under subsection 15.10.3 (2) respecting the same building or part of a building and the same subject matter.
BCA s. 15.10 Emergency order where immediate danger
Open BCA s. 15.10 in the code viewer(1)If upon inspection of a building an inspector is satisfied that the building poses an immediate danger to the health or safety of any person, the chief building official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out immediately to terminate the danger.
(2)The order shall be served on the registered owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy shall be posted on the site of the building in a location visible to the public.
(2.1)A copy of an order made under subsection (1) may be,
(a)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(2.2)If an order made under subsection (1) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(2.3)When the requirements of an order described in subsection (2.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(2.4)In the case of an order that has been made available to the public in accordance with clause (2.1) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(3)After making an order under subsection (1), the chief building official may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the chief building official, an inspector and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant.
(4)Despite subsection 31 (2), the Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the registered owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3).
(5)If the order was not served before measures were taken to terminate the danger, the chief building official shall serve copies of the order in accordance with subsection (2) as soon as practicable after the measures have been taken and each copy of the order shall have attached to it a statement by the chief building official describing the measures taken and providing details of the amount spent in taking the measures.
(6)If the order was served before the measures were taken, the chief building official shall serve a copy of the statement mentioned in subsection (5) in accordance with subsection (2) as soon as practicable after the measures have been taken.
(7)As soon as practicable after subsections (5) and (6) have been complied with, the chief building official shall apply to the Superior Court of Justice for an order confirming the order made under subsection (1) and the court shall hold a hearing for that purpose.
(8)In disposing of an application under subsection (7), the court shall,
(a)confirm, modify or rescind the order; and
(b)determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all.
(9)The disposition under subsection (8) is final.
(10)If the building is in a municipality, the amount determined by the judge to be recoverable shall be a lien on the land and shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(11)If the building is in territory without municipal organization, the amount determined by the judge to be recoverable is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
BCA s. 15.10.1 Maintenance inspections
Open BCA s. 15.10.1 in the code viewer(1)An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of conducting a maintenance inspection.
(2)An inspector who finds a contravention of this Act or the building code may make an order directing compliance with this Act or the building code and may require the order to be carried out immediately or within such time as is specified in the order.
(3)The order shall be served on the person whom the inspector believes is contravening this Act or the building code.
(4)The prescribed form or the form approved by the Minister must be used for the order and it must contain sufficient information to specify the nature of the contravention and its location and the nature of the compliance that is required.
(5)The inspector may post a copy of the order on the site of the maintenance inspection.
(6)A copy of an order made under subsection (2) may be,
(a)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(7)If an order made under subsection (2) is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(8)When the requirements of an order described in subsection (7) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(9)In the case of an order that has been made available to the public in accordance with clause (6) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
OBC Div. C 1.10.1.2. Application and Inspections
Open OBC Div. C 1.10.1.2. in the code viewer(1)A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program.
(2)A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect all sewage systems affected by the maintenance inspection program for compliance with the standards prescribed under clause 34(2)(b) of the Act in relation to sewage systems that are enforced by the program.
OBC Div. C 1.10.2.3. Maintenance Inspection Program
Open OBC Div. C 1.10.2.3. in the code viewer(1)Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B.
(2)The areas referred to in Sentence (1) are:
(a)the strip of land that is located along the Lake Simcoe shoreline and that is 100 m wide measured horizontally and perpendicular to and upland from the Lake Simcoe shoreline, except for the portions of the strip of land that are described in Sentence (3),
(b)portions of the strip of land along the Lake Simcoe shoreline described in Sentence (3),
(c)the strip of land that is located along each of the following rivers, streams, lakes or ponds and that is 100 m wide measured horizontally and perpendicular to and upland from the river, stream, lake or pond,
(i)any river or stream in the Lake Simcoe watershed that continually flows in an average year,
(ii)any lake or pond in the Lake Simcoe watershed that is connected on the surface to a river or stream described in Subclause (i), and
(iii)any other lake or pond in the Lake Simcoe watershed that has a surface area greater than 8 hectares, and
(d)areas within a vulnerable area that are located in a source protection area and that are identified in the most recent of the following documents as the areas where an activity described in Sentence (4) is or would be a significant drinking water threat:
(i)the assessment report for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any updating under that Act, or
(ii)the source protection plan for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any amendments or reviews under that Act.
(3)The excepted portions of the strip of land along the Lake Simcoe shoreline referred to in Clause (2)(a) are:
(a)that portion of the strip of land in the geographic Township of Oro, now in the municipal Township of Oro-Medonte, in the County of Simcoe, and in the geographic Townships of Innisfil and Vespra, now in the City of Barrie, being bounded on the north by the east limit of Lot 1, Concession 1 East Penetanguishene Road of the said geographic Township of Oro and its southerly prolongation and on the south by the east limit of Lot 14, Concession 13 of the said geographic Township of Innisfil and its northerly prolongation,
(b)that portion of the strip of land in the geographic Townships of North Gwillimbury and Georgina, now in the Town of Georgina, and in the geographic Township of East Gwillimbury, now in the Town of East Gwillimbury, all in The Regional Municipality of York, being bounded on the west by the west limit of Lot 6, Concession 1 of the said geographic Township of North Gwillimbury and its northerly prolongation and on the east by the east limit of Lot 3, Concession 8 of the said geographic Township of Georgina and its northerly prolongation, and
(c)that portion of the strip of land in the geographic Township of Mara, now in the municipal Township of Ramara, in the County of Simcoe, and in the geographic Township of Thorah, now in the municipal Township of Brock, in The Regional Municipality of Durham, being bounded on the north by the west limit of Lot 13, Concession C of the said geographic Township of Mara and its southerly prolongation and on the south by the west limit of Lot 14, Concession 6 of the said geographic Township of Thorah and its northerly prolongation.
(4)The activity referred to in Clause (2)(d) is an activity that is subject to the Act and that is described in paragraph 2 of subsection 1.1(1) of Ontario Regulation 287/07 (General) made under the Clean Water Act, 2006.
OBC Div. C 1.10.2.4. Time Periods for Maintenance Inspections
Open OBC Div. C 1.10.2.4. in the code viewer(1)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a),
(a)initially, no later than five years after the construction of the sewage system, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
(2)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(b) or (c),
(a)initially, no later than five years after the construction of the sewage system, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
(3)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area affected by a significant drinking water threat,
(a)initially, no later than,
(i)five years after the date on which notice of the approval of one of the following documents is published on the environmental registry under the Clean Water Act, 2006, in the case of a sewage system constructed before the date of publication,
(A) the assessment report for the source protection area, if the source protection plan is one prepared under section 22 of the Clean Water Act, 2006, or
(B) the source protection plan for the source protection area, if the source protection plan is one prepared under section 26 or 33 of the Clean Water Act, 2006, or
(ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of publication, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
(4)If additional areas affected by a significant drinking water threat are identified for a source protection area after the date of publication referred to in Clause (3)(a), an inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in those additional areas,
(a)initially, no later than,
(i)five years after the following date of approval or publication, as applicable, in the case of a sewage system constructed before that date,
(A) the date of approval under section 19 of the Clean Water Act, 2006 of the updated assessment report in which the additional areas are identified, or
(B) the date of publication on the environmental registry under the Clean Water Act, 2006 of notice of the approval of the amended or updated source protection plan in which the additional areas are identified, or
(ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of approval or publication, as applicable, and
(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.
OBC Div. C 1.10.1.3. Certificate as Alternative to Maintenance Inspection
Open OBC Div. C 1.10.1.3. in the code viewer(1)A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located.
(2)The certificate referred to in Sentence (1) shall,
(a)be in a form approved by the Minister,
(b)be signed by a person described in Sentence (3), and
(c)confirm that the person,
(i)has conducted an inspection of the sewage system to which the certificate relates, and
(ii)is satisfied on reasonable grounds that, on the date on which the certificate is signed, the sewage system to which the certificate relates is in compliance with the standards prescribed under clause 34(2)(b) of the Act in relation to sewage systems that are enforced by the maintenance inspection program.
(3)Subject to Sentence (4), the following persons are authorized to sign a certificate referred to in Sentence (1):
(a)a person registered under Article 3.2.4.2. in the class of registration set out in Column 1 of Item 10 of Table 3.5.2.1.,
(b)a person registered under Article 3.3.3.2.,
(c)an architect,
(d)a professional engineer.
(4)A person shall not sign a certificate referred to in Sentence (1) if the person would be in a conflict of interest.
(5)For the purposes of Sentence (4), a person would be in a conflict of interest if the person, or an officer, director, partner or employee of the person (where the person is a corporation or partnership), or any person engaged by the person to perform functions for the person,
(a)has participated or participates, in any capacity, in design activities or construction relating to any part of the sewage system to which the certificate relates,
(b)is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the sewage system to which the certificate relates,
(c)has a professional or financial interest in,
(i)the construction of the sewage system to which the certificate relates,
(ii)the sewage system to which the certificate relates, or
(iii)the person responsible for the design of the sewage system to which the certificate relates, or
(d)is an elected official, officer or employee of a principal authority.
OBC Div. C 1.10.2.5. Certificate as Alternative to Maintenance Inspection
Open OBC Div. C 1.10.2.5. in the code viewer(1)The principal authority that administers the maintenance inspection program established under Sentence 1.10.2.3.(1), may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.2.3.(1), accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located.
(2)The certificate required by Sentence (1) shall satisfy the requirements of Sentence 1.10.1.3.(2) and for these purposes Sentences 1.10.1.3.(3) to (5) apply with necessary modifications.