“YOU ASKED” What happens to the property owners who refuse to participate in the mandatory program?

After 8 years of contacting properties owners to participate in the first cycle of the HK-CSI program, it was expected that not all properties will be inspected voluntarily. Since the program began in 2007 more than 2,900 septic systems (including pit privies/outhouses) have been inspected, leaving less than 50 systems uninspected. Many questions regarding the consequences for property owners who refuse to participate in the mandatory program have been asked. You asked, we answered!

What will happen as a result of a property refusing to participate in the mandatory program?

1. A Notice of Non-Compliance will be sent via registered mail to the property owners with an outstanding inspection. The Notice will provide a deadline for completing an inspection 
2. Failure to have an inspection completed by the deadline will result in an Order (under the Building Code Act) for an inspection issued against the property. 
3. Failure to comply with the Order will result in the inspection being completed by the Chief Building Official and HKCSI program Inspector. 
4. A lien will be placed on the property to recover the costs associated with issuing an order and conducting the inspection. 
5. Property owners who do not comply with the Order may be subject to a penalty of up to $50,000, as legislated under the Building Code Act. 

Does the Township have the authority to issue an Order for an inspection under the Building Code Act?

The answer to this is: Yes, they have the authority under the Building Code Act.

The municipality has the authority to institute a septic maintenance inspection program under the Building Code Act. In the Building Code Act (Section 15.10.1(1)), it is stated that: “an inspector may enter upon land and into a building at any reasonable time without a warrant for the purpose of conducting a maintenance inspection”. Sewage systems are considered buildings and therefore, under Section 15.10.1(2), an order may be made if the inspector is not permitted to conduct the maintenance inspection, as denying permission would be considered a contravention of the Act.