Planning Department Under Review
If you’re a developer and wondering why approving your development plans have been taking longer than normal you are not alone.
According to confidential sources at City Hall - who asked to remain anonymous in order to keep their jobs - there is a major review at the Planning Department underway.
A review that in the end could cost developers tens of thousands of dollars if not more to bring their projects up to the latest building code. For the City it’s a review that could turn out to be highly embarrassing if not more.
The review is underway after a former Planning Department employee allegedly failed to properly ensure proper building codes and standards were applied to building permits. The alleged mistakes have led to a third party reviewing all plans approved by that employee in the Planning Department over the last two and a half years.
Worse yet for the department as an employee quit they allegedly deleted electronic computer files making it more difficult to complete the review.
MJ Independent knows the name of the former employee but won’t be naming them as they have not had the opportunity to tell their side of the story.
A good portion of the review allegedly entails applying an outdated version of the National Building Code (NBC) to plans.
For example in one project the City advised asbestos did not need to be remediated in an older building whereas a third party says it has to be. The alleged problem was spotted after renovations were nearing completion and the asbestos is no longer easily accessible.
One developer - who asked not to be identified as he has to deal with the City - said the issue is frustrating. At the present time the developer is considering legal action against the City of Moose Jaw.
Asked for comment on what MJ Independent had been told Moose Jaw Mayor James Murdock’s office first asked to comment on Friday instead of on Tuesday. The Mayor then never responded on the issue.
A Freedom Of Information (FOI) request put in on the matter by MJ Independent was likewise not fulfilled. As an aside the story will be updated when they arrive.
MJ Independent contacted the Ministry of Government Relations in Regina about the issue.
Although they could not comment directly about what is happening in Moose Jaw the Ministry did speak in generalities about the issue.
The Ministry laid out exactly what the NBC is.
“The National Building Code (NBC) establishes the minimum standard for building construction and address objectives for health, safety, accessibility for persons with disabilities, fire and structural protection of buildings and the environment,” the Ministry wrote.
The applicable Acts are set up so all parties work together in a shared responsibility manner.
The owner is responsible for compliance.
The municipality (local authority) is responsible for administration and enforcement.
Government of Saskatchewan is responsible for the legislative, regulatory and policy framework.
Building officials work for the local authority.
Architects, engineers, contractors and trades people work for the owner.
No person who is required to comply with the CC Act or the regulations shall fail to comply with the code.
There is no grace extended from the NBC if the City makes an error the Ministry wrote.
The City’s role is to enforce the NBC with the Province assisting if required.
“The NBC adopted in Saskatchewan establishes standards for materials, assemblies and the performance of building components as well as establishing how the component parts are assembled to meet the objectives of the code.”
Adopted province wide in 1988 the NBC’s “administration and enforcement is delegated to municipalities (local authorities) who appoint licensed building officials.”
Under the Act mistakes made by local officials when approving plans fall upon the developer.
“Deficiencies must rectified in order to meet the requirements of the Act,” the Ministry wrote.
Improper plan reviews and errors by the City could become very costly for developers according to applicable legislation.
Under Section 5 of the Construction Codes Act “An owner of a building or an owner’s contractor or employee is not relieved from the obligation to carry out any work that is within the scope of section 6 of the Act and section 38 of these regulations in accordance with the Codes by reason only of:
(a) the granting of a permit;
(b) the review of drawings and specifications;
(c) the making of inspections; or
(d) the absence or omission of any of the things mentioned in clauses (a) to (c).”
We’ll keep you updated as this story develops.