Fortification of land
217. (1) A municipality that is responsible for the enforcement of the Building Code Act, 1992 may, (a) regulate in respect of the fortification of and protective elements applied to land in relation to the use of the land; and (b) prohibit the excessive fortification of land or excessive protective elements being applied to land in relation to the use of the land. 2001, c. 25, s. 478 (9). Definitions (2) In this section, “land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land; (“bien-fonds”) “municipality” includes a regional municipality, a district municipality and the County of Oxford; (“municipalité”) “protective elements” include surveillance equipment. (“éléments protecteurs”) 2001, c. 25, s. 478 (9). Scope of by-law (3) A by-law under this section, (a) may exempt land or classes of land, on such conditions as may be specified in the by-law; (b) may require the owner of land, at the owner’s expense, to perform remedial work in respect of the land so that it is in conformity with the by-law; (c) may require remedial work under clause (b) to be done even though the fortifications or protective elements to which the by-law applies were present on the land before the by-law came into force. 2001, c. 25, s. 478 (9). By-law and building code (4) A permit shall not be issued under the Building Code Act, 1992 if the proposed building or construction or use of the building will contravene a by-law under this section. 2001, c. 25, s. 478 (9). Conflict (5) Despite section 35 of the Building Code Act, 1992, if there is a conflict between the building code under the Building Code Act, 1992 and a by-law made under this section, the building code prevails. 2001, c. 25, s. 478 (9). Power of entry (6) A municipality may, at any reasonable time, enter and inspect any land to determine whether a by-law or order under this section is being complied with. 2001, c. 25, s. 478 (9). Order (7) If a municipality is satisfied that a contravention of a by-law under this section has occurred, the municipality may make an order requiring work to be done to correct the contravention and the order shall set out, (a) the municipal address or the legal description of the land; (b) reasonable particulars of the contravention and of the work to be done and the period within which there must be compliance with the order; and (c) a notice stating that if the work is not done in compliance with the order within the period it specifies, the municipality may have the work done at the expense of the owner. 2001, c. 25, s. 478 (9). Period for compliance for existing fortifications (8) The period described in clause (7) (b) shall not be less than three months if the fortifications or protective elements were present on the land on the day the by-law is passed. 2001, c. 25, s. 478 (9). Entry to do work (9) If the work required by an order under subsection (7) is not done within the specified period, the municipality may, at any reasonable time, enter upon the land to do the work. 2001, c. 25, s. 478 (9). Dwellings (10) No person shall exercise a power of entry under this section to enter a place, or a part of a place, that is used as a dwelling unless, (a) the occupier of the dwelling consents to the entry, having first been informed of his or her right to refuse consent; or (b) if the occupier refuses to consent, the power to enter is exercised under the authority of a warrant issued under section 158 of the Provincial Offences Act.  2001, c. 25, s. 478 (9).