1The Ontario Building Codeand Why it Matters toDesigners
2Anthony 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 Trainers2011 and 2012 collectively over 2.5 billion inconstruction valueGeorge Brown College Continuing EducationInspector – Interior Decorating Certificate Program
3Today‟s ObjectivesStage One – Legal Responsibilities for the Designer Confirm how the application of the Building Code Act canaffect your business Review the Building Code Act‟s definition of constructionand its impact on designs Define when a building permit is required for any part of adesign Understand the legal responsibility for designs to conformto the Building Code Establish why compliance with the Building Code isnecessary when a building permit is not required
4Today‟s ObjectivesStage One – Legal Responsibilities for the Designer What or who is a designer? Role of a Designer To understand why building permits may be revokedbased on designer mistaken information on designdrawings The intention of applicant and designer‟s design
5Today‟s ObjectivesStage Two - Bathroom Renovations, the BuildingCode and the Designer Identify and apply the Building Code Requirements forBathroom designs and renovations Confirm how Building Code requirements can be applied toproducts and materials
7What is a Designer?The Building Code recognizes designers as being incategories for the purposes of applying for a buildingpermit with their plans and specifications;ArchitectProfessional Engineer, andOther Designer, which include „qualified‟; Interior designer Interior decorator Designer Interior Architect Architectural Technologist
8Designer‟s RoleIt is the role of a designer, if the designer‟s designs are to be submitted insupport of an application for a permit under this Act, to provide designs which are in accordance withthis Act and the building code and to provide documentation that is sufficientlydetailed to permit the design to be assessed forcompliance with this Act and the building codeand to allow a builder to carryout the work in accordancewith the design, this Act andthe building code;
9Designer‟s RoleIt is the role of a designer to perform the role in respect of only thosematters for which the designer has thequalifications, if any, required by this Act and thebuilding code; and
10Designer‟s RoleIt is the role of a designer, if the building code requires that all or part ofthe design or construction of a building be undergeneral review, to perform the general review inrespect of only those matters for which thedesigner has the qualifications, if any, requiredby this Act and the building code. 2002, c. 9,s. 3.
11Manufacturer‟s RoleIt is the Role of manufacturers, etc. It is the role of manufacturers, suppliers and retailersof products that are intended for use in Ontario inthe construction of a building for a purpose that isregulated by this Act or the building code to ensurethat the products comply with the standardsestablished under this Act and the building code.2002, c. 9, s. 3.
12Co-Ordinated RolesDesigners and ManufacturersIt is the responsibility of each party to conduct theirbusiness for compliance with the Building Code andAct. Failure is an offence under the Building CodeAct 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 actionsDesigner
13Compliance with the Building CodeFor example, all plumbing fixtures mustcomply with applicable standards for use inOntario
14Compliance with the Building Code188.8.131.52. Conformance to Standards (plumbing fixtures)(1) Water closets and urinals shall conform to the requirements in Article 184.108.40.206.(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 ASMEA112.19.1/CAN/CSA-B45.2, “Enamelled Cast Iron and Enamelled Steel PlumbingFixtures”.(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, “HydromassageBathtubs”.(8) Macerating toilet systems shall conform to CAN/CSA-B45.9, “MaceratingSystems and Related Components”.
15Compliance with the Building CodeAll plumbing fixtures must have affixed theapproval label as proof of manufacturer andBuilding Code compliance
16Example of Plumbing Fixture Compliance220.127.116.11. Maximum Temperature of Hot Water (1) Except as provided in Sentences (2) and 18.104.22.168.(1),the maximum temperature of hot water supplied byfittings to fixtures in a residential occupancy shall notexceed 49°C. (2) Sentence (1) does not apply to hot water supplied toinstalled dishwashers or clothes washers.Therefore, where a faucet has been replaced in abathroom renovation, the hot water coming from itmust not exceed 490 C. Use of a central mixingvalve or at source mixing valve.
17What is Case Law?In Brief, Case laws(1) are; A set of existing rulings which have madenew interpretations of law and,therefore, can be cited as precedent. Trials and hearings that do not result inwritten decisions of a court of record donot create precedent for future court(1) All case law references are from 2013 Annotated Building CodeAct, LexisNexis, J. Mascarin and J. Levitt.
18Case Law for Role of the DesignerAssn. of Professional Engineers of Ontario v. Ontario (Ministerof Municipal Affairs and Housing),  O.J. No. 1971, 284D.L.R. (4th) 322, 225 O.A.C. 287 (Div. Ct.) The 1992 BCA provides that the role of “designers” is toprovide designs that comply with BCA and the OBC, toprovide sufficient information for building officials todetermine such compliance, to perform general reviews,and to have the necessary qualifications and insurancerequired by the OBC. These are general rolestatements.(1) Designer Summary: Designers must comply with the roleas specified by the BCA, ensure designs comply with theOBC and be qualified for the category of work they areinvolved with.
19A Person‟s Duty to Obtain a Building PermitSection 8.(1) of the Building Code Act states; Building permits No person shall construct or demolish abuilding or cause a building to be constructedor demolished unless a permit has beenissued therefore by the chief building official.1992, c. 23, s. 8 (1); 1997, c. 30, Sched. B,s. 7 (1).
20What is Construction?Building Code Act defines construct orconstruction as; means to do anything in the erection,installation, extension or materialalteration or repair of a building andincludes the installation of a building unitfabricated or moved from elsewhere.
21So How Should a Designer Know When aBuilding Permit Required?When is a building permit required, youmust determine the following requirements; Is it a building? Is there construction?and more importantly is it a materialalteration?
22Is it a Building? (simple)“building” means, a structure occupying an area greater than ten squaremetres consisting of a wall, roof and floor or any of themor a structural system serving the function thereofincluding all plumbing, works, fixtures and servicesystems appurtenant thereto, a structure occupying an area of ten square metres orless that contains plumbing, including the plumbingappurtenant thereto, plumbing not located in a structure, a sewage system, or structures designated in the building code;
23Case Law for OBC GovernanceMinto Construction Ltd. v. Gloucester, (Township),  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 1992BCA] the legislature has made the OBC theexclusive vehicle for regulation of buildingconstruction.(1) Designer Summary: Once you determine that yourdealing with a building, any work or constructionwithin or on the building is regulated by theBuilding Code.
24What is a Material Alteration? (complex)A significant portion of interior design work involves amaterial alteration to a buildingMinistry of Municipal Affairs and Housing offers this opinion; Material alteration means „important, essential‟Each project must be reviewed for the significance of thework; does it impact the mainstays of the building code? Health Fire protection Structural sufficiencyDesigners Summary: Designers should have the knowledge tomake the determination if the Building Code is beingimpacted by their design or work
25Case Law for Material AlterationLemieux v. Ottawa (City),  O.J. No. 5843 (C.J.) The word “material‟ when used as an adjectiveapplied to a change or alteration means“significant” or “important” or “essential”Homeowners routinely renovate their homesbelow the “significant” change level whichwould require permits and continue to live in thepremises quite safely. Designer Summary: Designers with BuildingCode qualifications can perform a wide range ofprojects, from decorating to structural changes
26Case Law for Material AlterationLemieux v. Ottawa (City),  O.J. No. 5843 (C.J.), cont‟dReplacing some windows and doors in openingsthat already exist, putting in some flooringwithout any removal of the floor joists andinstalling new furnace did not qualify as“significant” work. None of these actions rise toa level of a public safety or structural integrityconcern. This work would not require a buildingpermit. (1)Designer Summary: Your design must still conform to theBuilding Code even if a building permit is not issued and nostructural elements are affected. For example the newwindows would be required to conform with the standardslisted in the Building Code.
27Case Law for Material AlterationNorth Cowichan (District) v. Ring, B.C.J. No. 1458 (S.C.) Work in which may be minor in terms ofcost and effort can nonetheless have fireand safety consequences.(1) Designer Summary: A material alteration to abuilding does not necessarily involve structuralcomponents of a building, renovating an officemay involve fire separations.
28Case Law for Permit Not RequiredLawrie (Litigation guardian of) v. NorthSaanich (District),  B.C.J. No. 63(S.C.) The repairs in question consisted ofessentially of redecorating the house andreplacing some of the interior walls. Thework also included replacement of someinsulation, vapour barrier and interiorwooden studs to address a rodentinfestation.(1)
29Case Law for Permit Not RequiredLawrie (Litigation guardian of) v. NorthSaanich (District),  B.C.J. No. 63(S.C.) The building official considered that thebuilding by-law applied to the workbecause drywall was part of the structureof the house as it provided lateralsupport against wind load.(1)
30Case Law for Permit Not RequiredLawrie (Litigation guardian of) v. North Saanich (District), B.C.J. No. 63 (S.C.) Judgement: While this was a somewhat technical analysisof the matter, it could not be concluded thatthe building official‟s decision that the workwas of a structural nature cannot bereasonably supported. (1)Designer Summary: If your design involvesstructural matters then a building permit isrequired. Redecorating work will usually not requirea building permit.
31Compliance with the Building Code isMandatorySection 8(11) of the BCA applies to everyone, includingdesignersNo person shall construct or demolish a building orcause a building to be constructed or demolishedexcept in accordance with this Act and the buildingcode.Designers Summary: Notice this section of the BCAdoes not reference if a building permit is issued in orderfor construction to comply with the Building Code.
32Compliance with the Building Code isMandatoryToronto (City) Chief Building Official v. ManolanEnterprises Ltd.,  O.J. No. 3623, 22 O.R. (2d) 60(H.C.J.) Where no notice of completion of work has beengiven (whether or not a building permit was issued)and premises are occupied, there is a violation of theBCA where the inspection has not taken place andthe work does not comply with the OBC, and whenthe OBC has not been complied with, each thelandlord, the tenant and other occupant is inviolation of s. 7 of the BCA.Designer Summary: Where your work as a designer is governed bythe BCA or the Building Code, ensure it complies with thelegislation!
33Intention of Designer and Revocation of PermitsRevocation of permits Subject to section 25, the chief building official mayrevoke 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 ordemolition in respect of which it was issued has not, in the opinionof the chief building official, been seriously commenced; if the construction or demolition of the building is, in the opinionof the chief building official, substantially suspended ordiscontinued 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 beencomplied with. 1992, c. 23, s. 8 (10).
34Intention of Designer and Revocation of PermitsRevocation of permits, Section 8(10) of BCA Subject to section 25, the chief building official mayrevoke a permit issued under this Act,(a) if it was issued on mistaken, falseor incorrect information;
35Intention of the DesignerIntention of Permit Applicant As a designer you will have a business relationship witha potential client. You will listen to your clients wish list and develop yourdesign based on the clients requirements and using yourown professional skills. As a designer you should understand that a buildingpermit may be revoked should your plans not meet theintention of the end use.Designer Summary: As a designer you will face therevocation of a building permit should the municipalitydecide it issued the permit on the basis of false information.
36Case Law of for Submitting False Information1423107 Ontario Inc. v. Woodstock (City), O.J. No. 1330, 19 M.P.L.R. (3d) 256(S.C.J.) The chief building official is not compelledto accept the use of the proposed buildingstated by the applicant on the permitapplication . A facility or a business is not defined bywhat it chooses to call itself, but rather bythe activity that is actually engages in.
37Case Law of for Submitting False Information1423107 Ontario Inc. v. Woodstock (City), O.J. No. 1330, 19 M.P.L.R. (3d) 256(S.C.J.) A label can be entirely misleading as to thetrue nature of the use to which thepremises are being put. For example, anowner constructs an asphalt skateboardpark. He may choose to call it a parkinglot, but that does not make it one.
38Case Law of for Submitting False Information1423107 Ontario Inc. v. Woodstock (City), O.J. No. 1330, 19 M.P.L.R. (3d) 256(S.C.J.) It the actual and proposed use of thepremises is skateboarding, then it is askateboard park no matter what the ownerchooses to call it.
39Case Law of for Submitting False Information1423107 Ontario Inc. v. Woodstock (City), 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 bedetermined not by the label used in theapplication for a building permit, but by anexamination of the activities that areproposed to be carried out on thepremises.
40Intention of DesignerOffences, Section 36 of the BCA A person is guilty of an offence if the person, (a) knowingly furnishes false information in anyapplication under this Act, in any certificate requiredto be issued or in any statement or return requiredto be furnished under this Act or the regulations; (b) fails to comply with an order, direction or otherrequirement made under this Act; or (c) contravenes this Act, the regulations or a by-lawpassed 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).
41Intention of DesignerOffences, Section 36 of the BCA A person is guilty of an offence if theperson,(a) knowingly furnishes falseinformation in any application underthis Act, in any certificate required tobe issued or in any statement orreturn required to be furnished underthis Act or the regulations;
42Case Law of for Submitting False Information Designer Summary: Designers should be carefulon 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
43Submitting False Information as Part of aBuilding Permit ApplicationExamples of Designer‟s Intentions Labelling a office use when it is retail useto avoid stricter Building Coderequirements Labelling a playroom, library and bar, whenit is a second dwelling unit Labelling the drawing to circumvent azoning by-law Any more?
44Applying your Building Code and Act KnowledgeBathroom RenovationsSo far we have looked at some of the legalissues that designers must consider. Now wecan put that knowledge to practical use whilereviewing the Building Code requirements whenperforming a bathroom renovation.
45Applying your Building Code and Act Knowledgewith Bathroom Renovations
46Building Code Elements of aBathroom RenovationWork 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
47Building Code Elements of aBathroom RenovationWork 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
48Safety Type Glass – laminated or tempered22.214.171.124. Types of Glass and Protection of Glass(6) Glass, other than safety glass, shall not be used for a shower or bathtub enclosure.126.96.36.199. Joints between Tiles and Bathtub(1) The joints between wall tiles and a bathtub or shower shall be suitably caulked withmaterial conforming to CAN/CGSB-19.22-M, “Mildew Resistant Sealing Compound forTubs and Tile”.
49Shower Installation - Generic188.8.131.52. MoistureResistant Backing(1) Ceramic and plastictile installed on wallsaround bathtubs orshowers shall be appliedover moisture resistantbacking.
50Shower Installations - Generic184.108.40.206. ShowersShower receptorsshall be constructedand arranged sothat water cannotleak through thewalls or floor.
51Shower Installations - Proprietary220.127.116.11. ShowersShower receptors shall beconstructed and arranged so thatwater cannot leak through the wallsor floor.
52Walls Surrounding Bathtubs and Showers18.104.22.168. Jointsbetween Tiles andBathtub(1) The joints betweenwall tiles and a bathtubor shower shall besuitably caulked withmaterial conforming toCAN/CGSB-19.22-M,“Mildew ResistantSealing Compound forTubs and Tile”.
53Walls Surrounding Bathtubs and Showers22.214.171.124. WhereRequired(1) Waterproof finishshall be provided to aheight of not less than,(a) 1 800 mm above thefloor in shower stalls,(b) 1 200 mm above therims of bathtubsequipped with showers,and(c) 400 mm above therims of bathtubs notequipped with showers.
54Mixing Valve – regulates water temperaturefor entire dwelling126.96.36.199. MaximumTemperature of HotWater((1) Except as provided inSentences (2) and188.8.131.52.(1), the maximumtemperature of hot watersupplied by fittings tofixtures in a residentialoccupancy shall not exceed49°C.(2) Sentence (1) does notapply to hot water suppliedto installed dishwashers orclothes washers.
56Plumbing FixturesCSA International Approval Agency - The designer‟s role withinthe dotted line area is very important. Selecting an approvedproduct for your client occurs at this stage of product development.
57Bathroom Renovations - Material Alterations184.108.40.206. Required Barrier to VapourDiffusion(1) Thermally insulated wall, ceiling and floorassemblies shall be constructed with a vapourbarrier sufficient to prevent condensation in thewall spaces, floor spaces or attic or roof spaces.220.127.116.11. Required Barrier to AirLeakage(1) Wall, ceiling and floor assemblies thatseparate conditioned spaces fromunconditioned spaces or from the groundshall be constructed so as to include an airbarrier system that will provide a continuousbarrier to air leakage,(a) from the interior of the building into wall,floor, attic or roof spaces sufficient to preventexcessive moisture condensation in suchspaces during the heating season, and(b) from the exterior inward sufficient toprevent moisture condensation on the roomside during the heating season.
58Exhaust Fans – Certified for Sound Ratings18.104.22.168. Fan Ratings(1) Capacity ratings forrequired fans shall bedetermined in accordance with,(a) CAN/CSA-C260-M, “Ratingthe Performance of ResidentialMechanical VentilatingEquipment”, or(b) HVI 916, “Airflow TestProcedure”.(2) Sound ratings for requiredfans shall be determined inaccordance with,(a) CAN/CSA-C260-M, “Ratingthe Performance of ResidentialMechanical VentilatingEquipment”, or(b) HVI 915, “Procedure forLoudness Rating of ResidentialFan Products”.
59Exhaust Fans – Certified for Sound Ratings22.214.171.124. Fan Ratings(1) Capacity ratings forrequired fans shall bedetermined in accordance with,(a) CAN/CSA-C260-M, “Ratingthe Performance of ResidentialMechanical VentilatingEquipment”, or(b) HVI 916, “Airflow TestProcedure”.(2) Sound ratings for requiredfans shall be determined inaccordance with,(a) CAN/CSA-C260-M, “Ratingthe Performance of ResidentialMechanical VentilatingEquipment”, or(b) HVI 915, “Procedure forLoudness Rating of ResidentialFan Products”.
60Grab Bar Installation126.96.36.199.Stud Wall Reinforcement(1) If wood wall studs or sheetsteel wall studs enclose themain bathroom in a dwellingunit, reinforcement shall beinstalled to permit the futureinstallation of a grab bar on awall adjacent to,(a) a water closet in the locationrequired by Clause188.8.131.52.(1)(d), and(b) a shower or bathtub in thelocation required by Clause184.108.40.206.(1)(f).220.127.116.11.Grab Bars(1) When provided, grab barsshall be capable of resisting aload of not less than 1.3 kNapplied vertically orhorizontally.
61Recessed Light Fixtures18.104.22.168. RecessedLighting Fixtures(1) Recessed lightingfixtures shall not belocated in insulatedceilings unless thefixtures are designed forsuch installations.
62Finished Flooring Support22.214.171.124. Substrate(1) Ceramic tile shallbe set in a mortar bedor applied to a soundsmooth base with asuitable adhesive.(2) Panel-type subfloorto which ceramic tile isto be applied withadhesive shall have itsedges supportedaccording to Article126.96.36.199.
63Thank youShould have any questions regarding theOntario Building Code or a career in thebuilding regulatory field, you may contact meat:email@example.com/designers.buildingcodehttp://www.linkedin.com/pub/anthony-boyko/21/264/a42