Designers Connect Presentation May 14th 2013

1
The Ontario Building Code
and Why it Matters to
Designers

2
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 value
George Brown College Continuing Education
Inspector – Interior Decorating Certificate Program

3
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

4
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

5
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

6
Road Map for Stage One of Presentation

7
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;
Architect
Professional Engineer, and
Other Designer, which include „qualified‟;
 Interior designer
 Interior decorator
 Designer
 Interior Architect
 Architectural Technologist

8
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;

9
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

10
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.

11
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.

12
Co-Ordinated Roles
Designers and Manufacturers
It 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

13
Compliance with the Building Code
For example, all plumbing fixtures must
comply with applicable standards for use in
Ontario

14
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”.

15
All plumbing fixtures must have affixed the
approval label as proof of manufacturer and
Building Code compliance

16
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.

17
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.

18
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.

19
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).

20
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.

21
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?

22
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;

23
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.

24
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

25
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

26
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.

27
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.

28
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)

29
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)

30
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.

31
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.

32
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!

33
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).

34
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;

35
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.

36
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.

37
[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.

38
[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.

39
[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.

40
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).

41
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;

42
 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

43
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?

44
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.

45
Applying your Building Code and Act Knowledge
with Bathroom Renovations

46
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

47
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

48
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”.

49
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.

50
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.

51
Shower Installations - Proprietary
7.2.2.3. Showers
Shower receptors shall be
constructed and arranged so that
water cannot leak through the walls
or floor.

52
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”.

53
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.

54
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.

55
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”.

56
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.

57
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.

58
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,
Equipment”, or
(b) HVI 915, “Procedure for
Loudness Rating of Residential
Fan Products”.

59
Exhaust Fans – Certified for Sound Ratings
9.32.3.9. Fan Ratings
(1) Capacity ratings for
required fans shall be
determined in accordance with,
Equipment”, or
(b) HVI 916, “Airflow Test
Procedure”.
(2) Sound ratings for required
fans shall be determined in
accordance with,
Equipment”, or
(b) HVI 915, “Procedure for
Loudness Rating of Residential
Fan Products”.

60
Grab Bar Installation
9.5.2.3.
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.

61
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.

62
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.

63
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
facebook.com/designers.buildingcode
http://www.linkedin.com/pub/anthony-
boyko/21/264/a42

Designers Connect Presentation May 14th 2013

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