Mastering Compliance: Understanding Safety Codes Council Orders And Appeals In Construction

The Court of King's Bench reaffirmed the decision by the Safety Codes Council of Alberta Appeals Panel, which found that portable storage racks in a warehouse do not fall under the National Building Code's jurisdiction. This judgment emphasizes the court's constrained role in only addressing legal and jurisdictional questions, leaving factual determinations untouched. The court applied a correctness standard, meaning it independently assessed the tribunal's legal interpretations without deference. This case underscores the importance for construction parties to be aware of their rights to appeal decisions made by Safety Codes Officers and the procedural limits of such appeals.

Inspections under the Safety Codes Act are a component of almost all construction projects. Various disciplines require inspections from an accredited Safety Codes Officer in order for occupancy to be granted. But what if a party – either the owner or the municipality – disagrees with a