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The Ontario Building Code and Why it Matters to Designers

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Anthony Boyko Manager, Building Code Inspections

Team of 24 12 Building Inspectors 2 Plumbing Specialist Inspectors 2 Mechanical Specialist Inspectors 4 Special Investigators 1 Building Inspection Administrator 2 Area Supervisors and Trainers

2011 and 2012 collectively over 2.5 billion in construction valueGeorge Brown College Continuing Education Inspector – Interior Decorating Certificate Program

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Today’s Objectives

Stage One – Legal Responsibilities for the Designer

Confirm how the application of the Building Code Act can affect your business

Review the Building Code Act’s definition of construction and its impact on designs

Define when a building permit is required for any part of a design

Understand the legal responsibility for designs to conform to the Building Code

Establish why compliance with the Building Code is necessary when a building permit is not required

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Today’s Objectives

Stage One – Legal Responsibilities for the Designer

What or who is a designer? Role of a Designer To understand why building permits may be

revoked based on designer mistaken information on design drawings

The intention of applicant and designer’s design

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Today’s Objectives

Stage Two - Bathroom Renovations, the Building Code and the Designer

Identify and apply the Building Code Requirements for Bathroom designs and renovations

Confirm how Building Code requirements can be applied to products and materials

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Road Map for Stage One of Presentation

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What is a Designer?

The Building Code recognizes designers as being in categories for the purposes of applying for a building permit with their plans and specifications;

ArchitectProfessional Engineer, andOther Designer, which include ‘qualified’;

Interior designer Interior decorator Designer Interior Architect Architectural Technologist

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Designer’s Role

It is the role of a designer, if the designer’s designs are to be submitted in

support of an application for a permit under this Act, to provide designs which are in accordance

with this Act and the building code and to provide documentation that is sufficiently

detailed to permit the design to be assessed for compliance with this Act and the building code and

to allow a builder to carry out the work in accordance with the design, this Act and the building code;

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Designer’s Role

It is the role of a designer to perform the role in respect of only those

matters for which the designer has the qualifications, if any, required by this Act and the building code; and

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Designer’s Role

It is the role of a designer, if the building code requires that all or part

of the design or construction of a building be under general review, to perform the general review in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code. 2002, c. 9, s. 3.

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Manufacturer’s Role

It is the Role of manufacturers, etc. It is the role of manufacturers, suppliers and

retailers of products that are intended for use in Ontario in the construction of a building for a purpose that is regulated by this Act or the building code to ensure that the products comply with the standards established under this Act and the building code. 2002, c. 9, s. 3.

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Co-Ordinated Roles

Designers and ManufacturersIt is the responsibility of each party to conduct their business for compliance with the Building Code and Act. Failure is an offence under the Building Code Act and may result in;

Charges being laid by the municipality Claims being filed by clients Reputation harmed in the industry Association conducting a review of your actions

Designer

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Compliance with the Building Code

For example, all plumbing fixtures must comply with applicable standards for use in Ontario

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Compliance with the Building Code

7.2.2.2.  Conformance to Standards (plumbing fixtures)(1)  Water closets and urinals shall conform to the requirements in Article 7.6.4.2.(2)  Vitreous china fixtures shall conform to ASME A112.19.2/CAN/CSA-B45.1, “Ceramic Plumbing Fixtures”.(3)  Enamelled cast iron fixtures shall conform to ASME A112.19.1/CAN/CSA-B45.2, “Enamelled Cast Iron and Enamelled Steel Plumbing Fixtures”.(4)  Porcelain enamelled steel fixtures shall conform to ASME A112.19.1/CAN/CSA-B45.2, “Enamelled Cast Iron and Enamelled Steel Plumbing Fixtures”.(5)  Stainless steel fixtures shall conform to ASME A112.19.3/CAN/CSA-B45.4, “Stainless Steel Plumbing Fixtures”.(6)  Plastic fixtures shall conform to CAN/CSA-B45.5, “Plastic Plumbing Fixtures”.(7)  Hydromassage bathtubs shall conform to CAN/CSA-B45.10, “Hydromassage Bathtubs”.(8)  Macerating toilet systems shall conform to CAN/CSA-B45.9, “Macerating Systems and Related Components”.

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Compliance with the Building Code

All plumbing fixtures must have affixed the approval label as proof of manufacturer and Building Code compliance

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Example of Plumbing Fixture Compliance

7.6.5.1.  Maximum Temperature of Hot Water

(1)  Except as provided in Sentences (2) and 7.6.5.3.(1), the maximum temperature of hot water supplied by fittings to fixtures in a residential occupancy shall not exceed 49°C.

(2)  Sentence (1) does not apply to hot water supplied to installed dishwashers or clothes washers.

Therefore, where a faucet has been replaced in a bathroom renovation, the hot water coming from it must not exceed 490 C. Use of a central mixing valve or at source mixing valve.

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What is Case Law?

In Brief, Case laws(1) are;

A set of existing rulings which have made new interpretations of law and, therefore, can be cited as precedent.

Trials and hearings that do not result in written decisions of a court of record do not create precedent for future court

(1) All case law references are from 2013 Annotated Building Code Act, LexisNexis, J. Mascarin and J. Levitt.

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Case Law for Role of the Designer

Assn. of Professional Engineers of Ontario v. Ontario (Minister of Municipal Affairs and Housing), [2007] O.J. No. 1971, 284 D.L.R. (4th) 322, 225 O.A.C. 287 (Div. Ct.)

The 1992 BCA provides that the role of “designers” is to provide designs that comply with BCA and the OBC, to provide sufficient information for building officials to determine such compliance, to perform general reviews, and to have the necessary qualifications and insurance required by the OBC. These are general role statements.(1)

Designer Summary: Designers must comply with the role as specified by the BCA, ensure designs comply with the OBC and be qualified for the category of work they are involved with.

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A Person’s Duty to Obtain a Building Permit

Section 8.(1) of the Building Code Act states;

Building permits No person shall construct or demolish a

building or cause a building to be constructed or demolished unless a permit has been issued therefore by the chief building official. 1992, c. 23, s. 8 (1); 1997, c. 30, Sched. B, s. 7 (1).

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What is Construction?

Building Code Act defines construct or construction as;

means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere.

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So How Should a Designer Know When a Building Permit Required?

When is a building permit required, you must determine the following requirements;

Is it a building? Is there construction?

and more importantly is it a material alteration?

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Is it a Building? (simple)

“building” means, a structure occupying an area greater than ten

square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,

a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,

plumbing not located in a structure, a sewage system, or structures designated in the building code;

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Case Law for OBC Governance

Minto Construction Ltd. v. Gloucester, (Township), [1979] O.J. No. 4117, 8 M.P.L.R. 172, 23 O.R. (2d) 634, 96 D.L.R. 93d) 491 (Div. Ct.)

By s. 18 of the 1974 BCA [now s. 34 of the 1992 BCA] the legislature has made the OBC the exclusive vehicle for regulation of building construction.(1)

Designer Summary: Once you determine that your dealing with a building, any work or construction within or on the building is regulated by the Building Code.

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What is a Material Alteration? (complex)

A significant portion of interior design work involves a material alteration to a building

Ministry of Municipal Affairs and Housing offers this opinion;

Material alteration means ‘important, essential’

Each project must be reviewed for the significance of the work; does it impact the mainstays of the building code?

Health Fire protection Structural sufficiency

Designers Summary: Designers should have the knowledge to make the determination if the Building Code is being impacted by their design or work

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Case Law for Material Alteration

Lemieux v. Ottawa (City), [2009] O.J. No. 5843 (C.J.)

The word “material’ when used as an adjective applied to a change or alteration means “significant” or “important” or “essential” Homeowners routinely renovate their homes below the “significant” change level which would require permits and continue to live in the premises quite safely.

Designer Summary: Designers with Building Code qualifications can perform a wide range of projects, from decorating to structural changes

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Case Law for Material Alteration

Lemieux v. Ottawa (City), [2009] O.J. No. 5843 (C.J.), cont’d

Replacing some windows and doors in openings that already exist, putting in some flooring without any removal of the floor joists and installing new furnace did not qualify as “significant” work. None of these actions rise to a level of a public safety or structural integrity concern. This work would not require a building permit. (1)

Designer Summary: Your design must still conform to the Building Code even if a building permit is not issued and no structural elements are affected. For example the new windows would be required to conform with the standards listed in the Building Code.

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Case Law for Material Alteration

North Cowichan (District) v. Ring, [1998] B.C.J. No. 1458 (S.C.)

Work in which may be minor in terms of cost and effort can nonetheless have fire and safety consequences.(1)

Designer Summary: A material alteration to a building does not necessarily involve structural components of a building, renovating an office may involve fire separations.

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Case Law for Permit Not Required

Lawrie (Litigation guardian of) v. North Saanich (District), [2010] B.C.J. No. 63 (S.C.)

The repairs in question consisted of essentially of redecorating the house and replacing some of the interior walls. The work also included replacement of some insulation, vapour barrier and interior wooden studs to address a rodent infestation.(1)

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Case Law for Permit Not Required

Lawrie (Litigation guardian of) v. North Saanich (District), [2010] B.C.J. No. 63 (S.C.)

The building official considered that the building by-law applied to the work because drywall was part of the structure of the house as it provided lateral support against wind load.(1)

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Case Law for Permit Not Required

Lawrie (Litigation guardian of) v. North Saanich (District), [2010] B.C.J. No. 63 (S.C.)

Judgement: While this was a somewhat technical

analysis of the matter, it could not be concluded that the building official’s decision that the work was of a structural nature cannot be reasonably supported. (1)

Designer Summary: If your design involves structural matters then a building permit is required. Redecorating work will usually not require a building permit.

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Compliance with the Building Code is Mandatory

Section 8(11) of the BCA applies to everyone, including designers

No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with this Act and the building code.

Designers Summary: Notice this section of the BCA does not reference if a building permit is issued in order for construction to comply with the Building Code.

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Compliance with the Building Code is Mandatory

Toronto (City) Chief Building Official v. Manolan Enterprises Ltd., [1978] O.J. No. 3623, 22 O.R. (2d) 60 (H.C.J.)

Where no notice of completion of work has been given (whether or not a building permit was issued) and premises are occupied, there is a violation of the BCA where the inspection has not taken place and the work does not comply with the OBC, and when the OBC has not been complied with, each the landlord, the tenant and other occupant is in violation of s. 7 of the BCA.

Designer Summary: Where your work as a designer is governed by the BCA or the Building Code, ensure it complies with the legislation!

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Intention of Designer and Revocation of Permits

Revocation of permits Subject to section 25, the chief building official

may revoke a permit issued under this Act, if it was issued on mistaken, false or incorrect information; if, after six months after its issuance, the construction or

demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced;

if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year;

if it was issued in error; if the holder requests in writing that it be revoked; or If a term of the agreement under clause (3) (c) has not

been complied with. 1992, c. 23, s. 8 (10).

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Intention of Designer and Revocation of Permits

Revocation of permits, Section 8(10) of BCA

Subject to section 25, the chief building official may revoke a permit issued under this Act,

(a) if it was issued on mistaken, false or incorrect information;

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Intention of the Designer

Intention of Permit Applicant As a designer you will have a business

relationship with a potential client. You will listen to your clients wish list and develop

your design based on the clients requirements and using your own professional skills.

As a designer you should understand that a building permit may be revoked should your plans not meet the intention of the end use.

Designer Summary: As a designer you will face the revocation of a building permit should the municipality decide it issued the permit on the basis of false information.

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Case Law of for Submitting False Information

1423107 Ontario Inc. v. Woodstock (City), [2001] O.J. No. 1330, 19 M.P.L.R. (3d) 256 (S.C.J.) The chief building official is not

compelled to accept the use of the proposed building stated by the applicant on the permit application .

A facility or a business is not defined by what it chooses to call itself, but rather by the activity that is actually engages in.

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Case Law of for Submitting False Information

1423107 Ontario Inc. v. Woodstock (City), [2001] O.J. No. 1330, 19 M.P.L.R. (3d) 256 (S.C.J.) A label can be entirely misleading as

to the true nature of the use to which the premises are being put. For example, an owner constructs an asphalt skateboard park. He may choose to call it a parking lot, but that does not make it one.

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Case Law of for Submitting False Information

1423107 Ontario Inc. v. Woodstock (City), [2001] O.J. No. 1330, 19 M.P.L.R. (3d) 256 (S.C.J.) It the actual and proposed use of the

premises is skateboarding, then it is a skateboard park no matter what the owner chooses to call it.

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Case Law of for Submitting False Information

1423107 Ontario Inc. v. Woodstock (City), [2001] O.J. No. 1330, 19 M.P.L.R. (3d) 256 (S.C.J.) The proposed use of the premises is,

therefore, a question of fact to be determined not by the label used in the application for a building permit, but by an examination of the activities that are proposed to be carried out on the premises.

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Intention of Designer

Offences, Section 36 of the BCA A person is guilty of an offence if the person,

(a) knowingly furnishes false information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations;

(b) fails to comply with an order, direction or other requirement made under this Act; or

(c) contravenes this Act, the regulations or a by-law passed under section 7. 1992, c. 23, s. 36 (1); 1997, c. 24, s. 224 (17); 1997, c. 30, Sched. B, s. 19; 2002, c. 9, s. 53 (1); 2009, c. 33, Sched. 21, s. 2 (8).

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Intention of Designer

Offences, Section 36 of the BCA A person is guilty of an offence if

the person,(a) knowingly furnishes false

information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations;

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Case Law of for Submitting False Information

Designer Summary: Designers should be careful on how they label their drawings for use, submitting false information may result in; Revocation of the permit Restoration of the property Zoning By-law infractions Injunction issued, restraining occupancy Charges laid under the Building Code Act

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Submitting False Information as Part of a Building Permit Application

Examples of Designer’s Intentions Labelling a office use when it is retail

use to avoid stricter Building Code requirements

Labelling a playroom, library and bar, when it is a second dwelling unit

Labelling the drawing to circumvent a zoning by-law

Any more?

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Applying your Building Code and Act Knowledge Bathroom Renovations

So far we have looked at some of the legal issues that designers must consider. Now we can put that knowledge to practical use while reviewing the Building Code requirements when performing a bathroom renovation.

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Applying your Building Code and Act Knowledge with Bathroom Renovations

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Building Code Elements of a Bathroom Renovation

Work that is governed by the Building Code Glass shower or steam room enclosures Flooring; ceramic, porcelain. Supply fittings (faucets, taps) Fixtures (water closets, basins,

bathtubs) Walls surrounding bathtubs Sealants Finished walls and floors of shower

stalls Water Temperature control

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Building Code Elements of a Bathroom Renovation

Work that is governed by the Building Code Recessed Lighting Fixtures Ventilation Fans Drainless composting toilets Grab bars Moisture resistant backing Exterior walls, air and vapour barriers

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Safety Type Glass – laminated or tempered

9.6.1.4.  Types of Glass and Protection of Glass (6)  Glass, other than safety glass, shall not be used for a shower or bathtub enclosure. 9.29.10.5.  Joints between Tiles and Bathtub(1)  The joints between wall tiles and a bathtub or shower shall be suitably caulked with material conforming to CAN/CGSB-19.22-M, “Mildew Resistant Sealing Compound for Tubs and Tile”.

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Shower Installation - Generic

9.29.10.4.  Moisture Resistant Backing

(1)  Ceramic and plastic tile installed on walls around bathtubs or showers shall be applied over moisture resistant backing.

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Shower Installations - Generic

7.2.2.3.  Showers

Shower receptors shall be constructed and arranged so that water cannot leak through the walls or floor.

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Shower Installations - Proprietary

7.2.2.3.  ShowersShower receptors shall be constructed and arranged so that water cannot leak through the wallsor floor.

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Walls Surrounding Bathtubs and Showers

9.29.10.5.  Joints between Tiles and Bathtub

(1)  The joints between wall tiles and a bathtub or shower shall be suitably caulked with material conforming to CAN/CGSB-19.22-M, “Mildew Resistant Sealing Compound for Tubs and Tile”.

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Walls Surrounding Bathtubs and Showers

9.29.2.1.  Where Required

(1)  Waterproof finish shall be provided to a height of not less than,(a) 1 800 mm above the floor in shower stalls,(b) 1 200 mm above the rims of bathtubs equipped with showers, and(c) 400 mm above the rims of bathtubs not equipped with showers.

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Mixing Valve – regulates water temperature for entire dwelling

7.6.5.1.  Maximum Temperature of Hot Water(

(1)  Except as provided in Sentences (2) and 7.6.5.3.(1), the maximum temperature of hot water supplied by fittings to fixtures in a residential occupancy shall not exceed 49°C.

(2)  Sentence (1) does not apply to hot water supplied to installed dishwashers or clothes washers.

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Plumbing Fixtures – require certification label

7.2.2.2.  Conformance to Standards

(2)  Vitreous china fixtures shall conform to ASME A112.19.2/CAN/CSA-B45.1, “Ceramic Plumbing Fixtures”.

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Plumbing Fixtures

CSA International Approval Agency - The designer’s role within the dotted line area is very important. Selecting an approved product for your client occurs at this stage of product development.

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Bathroom Renovations - Material Alterations

9.25.4.1.  Required Barrier to Vapour Diffusion(1)  Thermally insulated wall, ceiling and floor assemblies shall be constructed with a vapour barrier sufficient to prevent condensation in the wall spaces, floor spaces or attic or roof spaces.9.25.3.1.  Required Barrier to Air Leakage (1)  Wall, ceiling and floor assemblies that separate conditioned spaces from unconditioned spaces or from the ground shall be constructed so as to include an air barrier system that will provide a continuous barrier to air leakage,(a) from the interior of the building into wall, floor, attic or roof spaces sufficient to prevent excessive moisture condensation in such spaces during the heating season, and(b) from the exterior inward sufficient to prevent moisture condensation on the room side during the heating season.

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Exhaust Fans – Certified for Sound Ratings

9.32.3.9.  Fan Ratings(1)  Capacity ratings for required fans shall be determined in accordance with,(a) CAN/CSA-C260-M, “Rating the Performance of Residential Mechanical Ventilating Equipment”, or(b) HVI 916, “Airflow Test Procedure”.

(2)  Sound ratings for required fans shall be determined in accordance with,(a) CAN/CSA-C260-M, “Rating the Performance of Residential Mechanical Ventilating Equipment”, or(b) HVI 915, “Procedure for Loudness Rating of Residential Fan Products”.

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Exhaust Fans – Certified for Sound Ratings

9.32.3.9.  Fan Ratings(1)  Capacity ratings for required fans shall be determined in accordance with,(a) CAN/CSA-C260-M, “Rating the Performance of Residential Mechanical Ventilating Equipment”, or(b) HVI 916, “Airflow Test Procedure”.

(2)  Sound ratings for required fans shall be determined in accordance with,(a) CAN/CSA-C260-M, “Rating the Performance of Residential Mechanical Ventilating Equipment”, or(b) HVI 915, “Procedure for Loudness Rating of Residential Fan Products”.

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Grab Bar Installation9.5.2.3.  Stud Wall Reinforcement

(1)  If wood wall studs or sheet steel wall studs enclose the main bathroom in a dwelling unit, reinforcement shall be installed to permit the future installation of a grab bar on a wall adjacent to,(a) a water closet in the location required by Clause 3.8.3.8.(1)(d), and(b) a shower or bathtub in the location required by Clause 3.8.3.13.(1)(f).9.31.2.3.  Grab Bars

(1)  When provided, grab bars shall be capable of resisting a load of not less than 1.3 kN applied vertically or horizontally.

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Recessed Light Fixtures

9.34.1.4.  Recessed Lighting Fixtures

(1)  Recessed lighting fixtures shall not be located in insulated ceilings unless the fixtures are designed for such installations.

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Finished Flooring Support

9.30.6.1.  Substrate

(1)  Ceramic tile shall be set in a mortar bed or applied to a sound smooth base with a suitable adhesive.

(2)  Panel-type subfloor to which ceramic tile is to be applied with adhesive shall have its edges supported according to Article 9.23.14.3.

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Thank you

Should have any questions regarding the Ontario Building Code or a career in the building regulatory field, you may contact me at:tboyko@markham.ca

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