Order Procedures are applicable and necessary in a variety of situations. A Safety Codes Officer may issue an Order if they believe with probable and reasonable cause that the Safety Codes Act is being contravened or that there is danger of serious injury or damage to persons(s) or property. One situation where an Order may be required is when required changes have not been made or are being refused to be made. At times when an inspection is conducted, deficiencies or items that do not comply with the current code are noted. These items are noted and a reasonable timeframe is given to allow for correction. These files with deficiencies are followed up on to ensure the noted items have been corrected, however at times these items do not get corrected and the inspector may use his discretion and write an Order for the project to ensure the required changes get made.
In other situations, a Safety Codes Officer may observe situations of urgent and serious nature. These situations would demand immediate correction and this may be achieved through the use of an Order. The Order procedure may also be engaged to achieve compliance by bringing work to a stop until the required terms and conditions have been satisfied. Orders are issued when there are reasonable and probable grounds to believe the Safety Codes Act is being contravened or there is danger of serious injury or damage to a person or property. Orders set what a person is required to do or stop doing to comply with the Act, ensure safety and/or protect property.
Before issuing an order, we first make every reasonable effort to facilitate conformance with the Safety Codes Act. In most instances, with the proper approach and communication, conformance can be achieved. Any such action engaging the Order process will be taken only after discussion and approval from the County of Lethbridge. We strive to work closely with our customers to assist and educate them through their construction process and when problems arise we endeavor to find alternate solutions or mitigate the issue prior to requiring the Order. However, some situations require such enforcement and Park Enterprises Ltd. has experience and confidence in the application and use of the Order process.
An Order may be issued to the contractor, owner, designer that is resulting in the contravention or unsafe condition. An Order may also be issued to 2 or more bodies involved. The Order will clearly set out what is required to do or not to do and a reasonable timeframe to accomplish such. Where a Safety Codes Officer deems an Order be applied, the Order is drafted and the approval from the Municipality would be required. The Order is sent to the Safety Codes Council as a mean of notification. The Order is then delivered either in person by the Safety Codes Officer along with any other authorities that may be deemed necessary or helpful dependent on the nature of situation. A person or persons who have been served with an Order may submit a written request to appeal within 14 days after being served. This Order will remain in effect until the stipulations laid out for compliance in the Order have been met. Upon such time, the Safety Codes Officer will confirm the required conditions have been met, and with support from the Municipality the Order will be lifted.
For more information or a copy of a sample Order, click here or visit http://www.safetycodes.ab.ca/Public/Orders/Pages/default.aspx