A local business owner is raising concerns over a municipality's handling of building code processes.
Al MacArthur of the Listowel Squash Courts says his issues began when he tried to renovate part of his business, and concerns were raised by the municipality regarding the actual building itself on Rocher Road. MacArthur claims that the municipality has prolonged his issue for 8 months, claiming it all stems from an error on their part when the building was first built.
"Due to the 25 percent of my facility being shut down since last August, gymnastics enrollments are down 27 percent, squash memberships are down 34 percent. Lost revenue for the past 8 months is over $45,000 for the facility. It's sad that the municipality can't offer more solutions and work with people in the building permits aspect or process," MacArthur stated.
MacArthur says the issues began when he renovated the mezzanine, and he was notified that he needed permits and to follow a certain Ontario Building Code process.
"Which was understandable, I wanted to go through the process, and then they realized there was a mistake made by the municipality when giving the permit occupancy for 375 Rocher Road. They made an error when they divided up the units and now it's just waiting for them to correct that error. It's been over 8 months and very little communication to me, the small business owner," shared MacArthur. "We're really waiting for them to correct their errors, we've tried to work with them multiple times and we really just find frustration around every corner. The amount of growth the community has had over 8 months, with permits being issued to other lots and other facilities, and I'm still waiting for mine to be addressed."
Ultimately, MacArthur says he just wants answers and a clear direction forward, and he doesn't want to see this happen to others.
"I would love to see this not happen to anyone else 4 years after opening. For the first 3 years I was able to use the mezzanine no problem, and I even tried to work with them to continue to use it, but there was no working with them in this instance. They were adamant that that area and that section had to be closed until everything was resolved and it's really left me with only 75 percent of my facility to be used," added MacArthur.
CKNX reached out to North Perth's Chief Building Official, Sally McMullen, for some clarity regarding the situation. The questions posed to McMullen and her responses were as follows:
1. With relation to the squash courts, the business owner is upset with the process and length of time it’s taken to find a solution to his issues. What are the steps that need to be taken from the municipality’s standpoint to try and accommodate the business owner’s concerns, if any?
"The municipality is currently working with the building owner and their agent to ensure compliance with the Ontario Building Code, a minimum standard for public health and safety, fire protection, structural sufficiency, resource conservation and barrier-free accessibility."
2. As a tenant in the building, is the Listowel Squash Courts, as currently constructed, technically allowed to be operating in the building it is in? If not, why?
"Based on inspection, the municipality has not issued any unsafe building orders or orders respecting occupancy during the review process while progress continues to be made."
3. My understanding is that these building processes, in relation to permits, zoning, amendments, etc., obviously fall on the owner of the building to handle and ensure that everything is done correctly. What role does the business owner play, if any, in determining the proper use or designation of their space within the building?
"A business owner should always work with their landlord to ensure that any proposed change to the construction or use of a building to enhance or expand their business is done so in compliance with the building code through permitting and inspection processes. The role of various parties involved in a construction project are found in section 1.1 of the Building Code Act, 1992, S.O. 1992, c.23 which you can find at https://www.ontario.ca/laws/statute/92b23."
4. What needs to happen for the municipality to move forward with this process to the potential satisfaction of the business owner in question and the municipality regarding the proper setup of the building for commercial use for the squash courts?
"Continued communication with the applicant and their implementation of the requirements of the Ontario Building Code."
The municipality also released an official statement regarding MacArthur's concerns.
