The team of building officials shall enforce all the provisions of the Code and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition, alteration, repair, removal, demolition, installation of service equipment and the location, use, occupancy and maintenance of all buildings except as may otherwise be specifically provided.
7.1 Application and Permits
The team of building officials shall receive all applications and issue permits (see 12.10) for the erection and alteration of buildings and examine the premises for which such permits have been issued and enforce compliance with the Code.
7.2 Building Notices and Orders
The team of building officials shall issue all necessary notices or orders to remove illegal or unsafe conditions,
to require the necessary safeguards during construction, to require adequate exit facilities in existing buildings and to ensure compliance with all the requirements of safety, health and general welfare of the public as included in the Code.
7.3 Right of Entry
Upon presentation of proper credentials and with advance notice, the team of building officials or its duly authorized representative may enter at any reasonable time any building or premises to perform any duty imposed upon him by the Code.
7.4 Inspection
The team of building officials shall make all the required inspections or it may accept reports of inspections of authoritative and recognized services or individuals; and all reports of inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual or engage any such expert opinion as he may deem necessary to report upon unusual technical issues that may arise, subject to the approval of the Authority.
7.5 Construction Not According to Plan
Should the team of building officials determine at any stage that the construction is not proceeding according to the sanctioned plan or is in violation of any of the provisions of the Code, or any other applicable Code Regulation, Act or Byelaw, it shall notify the owner, and all further construction shall be stayed until correction has been effected and approved.
7.5.1 Should the owner fail to comply with the requirements at any stage of construction, the Authority shall issue a notice to the owner asking explanation for non-compliance. If the owner fails to comply within 14 days from the date of receiving the notice, the Authority shall be empowered to cancel the building permit issued and shall cause notice of such cancellation to be securely pasted upon the said construction, if the owner is not traceable at his address given in the notice. Pasting of such a notice shall be considered sufficient notification of cancellation to the owner thereof. No further work shall be undertaken or permitted upon such construction until a valid building permit thereafter has been issued. If the owner, in violation of the notice for cancellation, continues the construction, the Authority may take all necessary means to stop such work and further appropriate actions including demolitions. The owner shall, however, have right to appeal against cancellation of permit, to the board of appeal, within a stipulated period, as may be decided by the Authority.
7.6 Modification
Wherever practical difficulties are involved in carrying
out any provision of the Code, the team of building officials may vary or modify such provisions upon application of the owner or his representative provided the spirit and intent of the Code shall be observed and public welfare and safety be assured. The application for modification and the final decision of the team of building officials shall be in writing and shall be officially recorded with the application for the permit in the permanent records of the Department of Building Inspection.
7.7 Occupancy Violations
Wherever any building is being used contrary to provisions of the Code, the team of building officials may order such use discontinued and the building or portion thereof, vacated by the notice served on any person, causing such use to be discontinued. Such person shall discontinue the use within 10 days after receipt of such notice or make the building or portion thereof, comply with the requirements of the Code.
8 BOARD OF APPEALS
In order to determine the suitability of alternative materials or methods of design or construction and to provide for reasonable interpretation of the provisions of the Code or in the matter of dispute relating to an ongoing construction vis-a-vis the sanctioned plan, a Board of Appeals consisting of members who are qualified by experience and training and to pass judgement upon matters pertaining to building construction, shall be appointed by the Authority. A representative of the team of building officials shall be an ex-officio member and shall act as secretary to the Board. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the team of building officials with a duplicate copy to the appellant and may recommend such modifications as are necessary.