BILL 35

An Act to Amend the Building Code Administration Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Building Code Administration Act, chapter 8 of the Acts of New Brunswick, 2020, is amended by adding the following after section 15:

Appeal to Building Code Administrator

15.1( 1) Within 10 days after being served with an order made by a building inspector under section 14 in respect of construction work that, in the opinion of the building inspector, is undertaken in contravention of the Code, the owner of the building may appeal the order to the Building Code Administrator by serving a notice of appeal on the Building Code Administrator.

15.1( 2) A notice of appeal shall be on a form provided by the Minister and shall be accompanied by the following information and documents:

(a)  a copy of the building permit;

(b)  a copy of the order; and

(c)  any other relevant supporting information or documents.

15.1( 3) On being served with a notice of appeal, the Building Code Administrator shall notify in writing the building inspector who issued the order or, if the building inspector cannot be found or is not available, the building inspector’s employer, and the building inspector or the employer, as the case may be, shall, without delay, provide the Building Code Administrator with all documents relating to the appeal, including inspection reports and tests.

15.1( 4) Within 14 days after being served with a notice of appeal, the Building Code Administrator shall

(a)  consider the appeal on the basis of the notice of appeal, the supporting information or documents and any other information or documents that the Building Code Administrator requires, and

(b)  serve a copy of the written decision, with reasons, on the owner of the building and the building inspector or, if the building inspector cannot be found or is not available, the building inspector’s employer.

15.1( 5) If the Building Code Administrator considers it necessary to make a decision, the Building Code Administrator may obtain advice from any person not directly related to the appeal who has professional, technical or specialized knowledge of the requirements of the Code.

15.1( 6) A document that is to be served under this section may

(a)  be served and service may be proved in accordance with sections 17 and 18, respectively, or

(b)  be served by electronic means.

Appeal to Court of King’s Bench

15.2 Any party affected by a decision of the Building Code Administrator may appeal to a judge of The Court of King’s Bench of New Brunswick by filing a petition with the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the building is located.