Complaints

The Association administers two complaints processes:

1. Building Officials’ Association Act complaints are focused on the professional competency and conduct of Association members.

2.  Building Act complaints are focused on the whether individuals and their employers are operating in accordance with the regulated scopes of practice for building and plumbing officials.

Further information about the either of these complaints processes or and the scope of the Association mandate is provided below.

Association Mandate

Building Officials’ Association Act Complaints

Building Act Complaints

Frequently Asked Questions

Association Mandate

The Association’s mandate with respect to complaints, discipline and penalties is governed by provincial legislation. You should be aware that this legislation does not provide the Association with a mandate to do the following:

• provide financial or other compensation to homeowners, contractors or other parties;
• make compliance decisions for on behalf of qualified officials or local authorities;
• review, vary, overturn or otherwise ‘undo’ compliance decisions made by qualified officials on behalf of local authorities;
• require local authorities or other organizations to update or change operating plans, policies, procedures, processes or systems;
• provide interpretations of the BC Building Code or other codes, technical standards or requirements; and
• resolve disputes between homeowners and homebuilders or contractors.

If you are an owner or permit holder and want to appeal a decision made by a local authority about the application or interpretation of building regulations, you may be eligible to file an appeal with the B.C. Code Appeal Board. This body is established under the Building Act to review local authority decisions on whether a matter conforms with building regulations, including the B.C. Building and Plumbing Codes. Information about how owners and permit holders can submit and appeal, which includes submitting a completed application form, and other information about the appeals process and board itself are found on the Provincial Government website.

If you are seeking an interpretation of the B.C. Building or Plumbing codes, you may request an interpretation from the Code Interpretation Committee. This body is comprised of volunteer experts representing different stakeholders and provides non-binding interpretations of the current BC Building and Plumbing Codes in response to requests received from code users and the general public. The Association hosts the online interpretation request form and a searchable database of previous interpretations.

Building Officials’ Association Act

Complaints filed under the Building Officials’ Association Act (Act) must relate to the professional conduct or competence of a member or former member.  The Code of Ethics and Rules of Professional Conduct provide specific guidance around the meaning of professional conduct or competence and can be found in the Association bylaws or attached to the Complaint Submission Form.

Submitting a Complaint

To submit a complaint, you must email a completed Complaint Submission Form to the Association at info@boabc.org.  Please ensure that all requested information is provided, and that relevant supporting information is also included.

Complaint Submission Form

After submitting your complaint form, you will receive confirmation from the Association that your complaint has been received along with further information.

Complaint Process

The complaints process is described under section 13 of the Act and sections 32-34 of the Association bylaws.  This process provides a transparent, objective, impartial, timely, fair, and proportional means of addressing complaints.

Before submitting a complaint, you should review information on the Association website and the Complaint Submission Form to understand the purpose and scope of the complaints processes administered by the Association. You can contact the Association at info@boabc.org if you need more information or have any questions.

Once submitted, your complaint will be reviewed by staff to ensure that the form is complete and all required information is provided. In addition to completing the Complaint Submission Form, you should include additional documentation or other information that relates to the allegations in your complaint.

The complaint is then reviewed by the Complaints Committee, which determines whether the complaint is within the Association mandate and requires further review. If a complaint is not within the Association mandate, the committee may choose to close the complaint and provide written notification of that decision to the complainant.

If your complaint is within the Association mandate, the Complaints Committee will investigate the allegations. A complaint investigator may assist the Complaints Committee with conducting an investigation. Respondent(s) must be given an opportunity to provide a response to a complaint and submit their own supporting information.

Under its bylaws, the Association will not disclose the identity of a complainant unless they agree to do so in writing; however, information about the allegations from the completed Complaint Submission Form may be shared with the respondent(s) so that they can understand the allegations made against them and provide a comprehensive response. All information associated with complaints is managed in accordance with the Freedom of Information and Protection of Privacy Act.

Once an investigation is complete, findings are reviewed by the Complaints Committee, which decides whether a complaint has, on a balance of probabilities, been substantiated. Based on this decision, the Complaints Committee may:

• recommend that the complaint, in whole or part, be referred to the Discipline Committee;
• direct that the complaint be closed; or
• take such action as it considered appropriate under the circumstances, and that is not inconsistent with the Act and the bylaws, including the Informal dispute resolution.

The timeline for the Committee to make a decision regarding a complaint will vary depending on variety of factors, including the current workload of the committee, complexity of the complaint, responsiveness of the parties involved, and risk to public safety.

A complaint referred to the Discipline Committee will be subject to a hearing pursuant to section 37 of the Association bylaws. The Discipline Committee may impose penalties on members or former members of the Association pursuant to section 14 of the Building Officials’ Association Act and section 36 of the Association bylaws.

A respondent may appeal a penalty imposed by the Discipline Committee pursuant to section 15 of the Building Officials’ Association Act.

Building Act

Under the Building Act (Act), the Registrar, who is an Association employee, is responsible for managing and addressing complaints about:

• a person making compliance decisions about building regulations on behalf of local authorities without holding the required building official qualifications or being an exempt building professional;
• a local authority that allows or requires a person to make compliance decisions on its behalf without being an appropriately qualified building official or exempt building professional;
• a person providing false information to the Registrar in an application or annual report submitted pursuant to the Act.

The Registrar may issue administrative penalties to individuals or local authorities based on the results of their investigation into complaints.

Submitting a Complaint

To submit a complaint, you must email a completed Complaint Submission Form to the Association at info@boabc.org. Please ensure that all requested information, including relevant supporting information, is included.

Complaint Submission Form

After submitting your complaint form, you will receive confirmation from the Association that your complaint has been received along with further information.

Complaint Process

The complaints process under the Building Act is set in the Complaint Management and Administrative Penalties Policy and the associated procedure to establish a transparent, objective, impartial, timely, and fair and proportional means of addressing complaints.

Before submitting a complaint, you should review information on the Association website and the Complaint Submission Form to understand the purpose and scope of the complaints process. You can contact the Association at info@boabc.org if you need more information or have any questions.

Once submitted, staff will review your complaint is reviewed to ensure that it is complete and all required information is provided. The Association will contact you to obtain any missing or incomplete information before proceeding with further review of your complaint.

The complaint is then forwarded to the Registrar to determine whether it is within scope of the Building Act. If Registrar determines that the complaint is within scope of the Building Act, information about the complaint will be sent to the respondent(s) for response. The respondent(s) may include supporting information with their response.

After reviewing information provided by the complainant and respondent, the Registrar may consider imposing an administrative penalty if they determine that, on a balance of probabilities, the respondent(s) have contravened the Building Act; initiate an investigation if further information is required; close the complaint; or attempt to resolve the complaint through alternative means.

If further investigation is required, the complaint may be assigned to a Complaints Investigator. The complainant(s) and respondent(s) will be contacted as part of the investigation.

Once an investigation is complete, the findings are reviewed by the Registrar, who then decides whether, on a balance of probabilities, the respondent(s) has contravened sections 10(2), 10(3), or 23(2) of the Building Act. If the Registrar determines that a contravention has occurred, they must also decide whether an administrative penalty is required and, if so, the nature of that penalty.

Before imposing an administrative penalty on a respondent, the Registrar must consider:

• previous enforcement actions for contraventions of a similar nature by the respondent;
• the gravity and magnitude of the contravention;
• whether the contravention was repeated or continuous;
• whether the contravention was deliberate;
• any economic benefit derived by the respondent from the contravention; and
• the respondent efforts to correct the contravention.

The Registrar cannot impose an administrative penalty on a respondent if they exercised due diligence to prevent the contravention of the Building Act. Before issuing an administrative penalty, the respondent(s) will have an opportunity to provide the Registrar with a written submission explaining how they exercised due diligence in trying to prevent the contravention.

Notice of any administrative penalty must be served to the respondent(s) in writing.

A respondent may request that the Registrar reconsider the imposition of an administrative penalty pursuant to section 29 of the Building Act. A respondent may also appeal the imposition of an administrative penalty to the Safety Standards Appeal Board pursuant to section 30 of the Building Act.

The timeline for the Registrar to make a decision regarding a complaint will vary depending on variety of factors, including the number of complaints already under consideration by the Registrar, the complexity of the complaint, responsiveness of the parties involved, and risk to public safety.

Frequently Asked Questions

 

General FAQ's

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Building Officials' Association Act Complaints FAQ's

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Building Act Complaints FAQ's