2012 Building Code - Ontario Building Officials Association Ont Bldg Code-November 23... · 2012...

2012 Building Code

Ontario Building Officials Association

Board of Directors

November 23, 2012

Stephen Lockwood Counsel

Legal Services Branch Ministry of Municipal Affairs and Housing

The views expressed herein are the views of the author and do not necessarily represent the views of the Ministry of Municipal Affairs and Housing or the government of Ontario, and are intended to convey general information, rather than legal advice, about the matters discussed herein. Persons requiring legal advice about the matters discussed herein should consult a solicitor.

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Overview

Defined Terms

Applicable Law

Designated Structures

Drafting Conventions

Qualifications – fees, transition

Transition, Amendments, Revocation and Commencement

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Background

2012 Building Code

O. Reg. 332/12

Made October 31, 2012

Filed November 2, 2012

Posted on e-Laws November 5, 2012

Published in the Ontario Gazette November 17,

2012

Most provisions come into force January 1, 2014

O. Reg. 350/06 to be revoked January 1, 2014

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Background

2012 Building Code

Available at:

http://www.e-laws.gov.on.ca/html/regs/english

/elaws_regs_120332_e.htm

(under Current Consolidated Laws)

http://www.e-laws.gov.on.ca/html/source/regs

/english/2012 /elaws_src_regs_r12332_e.htm

(under Source Law)

includes additional information concerning coming

into force, amendments (Sections 4.2 - 4.4. of Div C)

Defined Terms

Structure of Section 1.4. of Division A

Article 1.4.1.1. – Non-defined Terms

Article 1.4.1.2. – Defined Terms

Article 1.4.1.3. – Applicable Law

Article 1.4.1.4. – Other definitions for the purposes of the Act

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Defined Terms (cont.)

1.4.1.2. Defined Terms

(1) Each of the words and terms in italics in this Code has,

(a) the same meaning as in subsection 1 (1) of the Act, if not defined in Clause (b) or (c),

(b) the same meaning as in each of the following provisions for the purposes described in the provision:

(i) Sentences 1.4.1.3.(1) and (2) of Division A, and

(ii) Sentences 3.13.1.2.(1), 7.1.3.1.(1), 8.1.1.2.(1) and 11.1.1.2.(1) of Division B, or

(c) the following meaning for the purposes of this Code:

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New defined terms in Clause 1.4.1.2.(1)(c)

Carbon dioxide equivalent; Closed container; Combustible fibres; Combustible liquid; Compressed gas; Cooktop; Dangerous goods; Distilled beverage alcohol; Distillery; Fire block; Fire stop; Flammable liquid; Permanent solid nutrient storage facility; Private use; Process plant; Rainwater; Sewer lateral extension; Type A dispersal bed; Type B dispersal bed; Unstable liquid

Some changes to defined terms in Clause 1.4.1.2.(1)(c)

Food premises – clause (f) – updated statutory reference

Gaming premises – updated terminology as a result of changes to Ontario Lottery and Gaming Corporation Act

Lake Simcoe watershed – moved to Section 4.2 of Div. C

Major occupancy – list of major occupancies added

Range deleted

Sanitary sewage – added new clause (b)

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1.4.1.4. Other definitions for the purposes of the Act

(1) For the purposes of the Act, architect, as constructed plans and professional engineer have the same meaning as that set out in Clause 1.4.1.2.(1)(c).

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Part 3 of Division C

“registered” no longer shown in italics

for example:

3.2.3.1. Definition

(1) In this Section,

“registered” means registered under Sentence 3.2.4.2.(1).

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Applicable Law

Changes to Article 1.4.1.3. of Div A

added: section 59 of the Clean Water Act, 2006 with respect to

the issuance of a notice by the risk management official for the construction of a building

deleted: Charitable Institutions Act

Reg. 469, R.R.O. 1990 under the Funeral Directors and Establishments Act

Homes for the Aged and Rest Homes Act

Reg. 832, R.R.O. 1990 under the Nursing Homes Act

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Applicable Law (cont.)

Clean Water Act, 2006 59.(1) If a source protection plan that is in effect designates a land

use as a land use to which this section should apply and an area within which this section should apply,

(a) a person shall not make an application under a provision of the Planning Act prescribed by the regulations for the purpose of using land for that land use at any location within that area; and

(b) despite section 58, a person shall not construct or change the use of a building at any location within that area, if the building will be used in connection with that land use,

unless the risk management official issues a notice to the person

under subsection (2).

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c22_e.htm

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http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_06c22_f.htm


Applicable Law (cont.)

Clean Water Act, 2006

59.(2) The risk management official shall, on application, issue a notice to a person for the purpose of subsection (1) if, and only if, the applicant has paid all applicable fees and,

(a) neither section 57 nor section 58 applies to the activity for which the land is to be used at the location where the land is to be used; or

(b) section 58 applies to the activity for which the land is to be used at the location where the land is to be used and a risk management plan that applies to that activity at that location has been agreed to or established under section 56 or 58.

...

59.(5) In this section,

“building” has the same meaning as in the Building Code Act, 1992;

“construct” has the same meaning as in the Building Code Act, 1992.

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Designated Structures

Article 1.3.1.1. of Division A

“communication towers” deleted

“permanent solid nutrient storage facilities” added required to comply with Part 4 of Division B of the Code (see Sentence

1.3.1.2.(6) of Division A)

1.3.1.1. Designated Structures

(1) The following structures are designated for the purposes of clause (d) of the definition of building in subsection 1 (1) of the Act:

…

(k) a permanent solid nutrient storage facility with supporting walls exceeding 1 000 mm in exposed height.

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Professional Design and Review

Article 1.2.1.1. of Division C - Design

(1) Where the foundations of a building are to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, the foundations shall be designed by a suitably qualified and experienced person.

(2) A sprinkler protected glazed wall assembly described in Article 3.1.8.18. of Division B shall be designed by a suitably qualified and experienced person.

(3) A shelf and rack storage system described in Section 3.16. of Division B shall be designed by a suitably qualified and experienced person.

(4) The time-based egress analysis for a shelf and rack storage system described in Sentence 3.16.1.7.(7) of Division B shall be prepared and provided by a suitably qualified and experienced person.

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Professional Design and Review (cont.)

Article 1.2.1.1. of Division C - Design

(5) The supporting framing structure and anchorage system for a tent occupying an area greater than 225 m2 shall be designed by a suitably qualified and experienced person.

(6) A sign structure shall be designed by a suitably qualified and experienced person where it is,

(a) a ground sign that exceeds 7.5 m in height above the adjacent finished ground,

(b) a projecting sign that weighs more than 115 kg, or

(c) a roof sign that has any face that is more than 10 m2.

(7) A projecting sign attached or fastened in any manner to a parapet wall shall be designed by a suitably qualified and experienced person.

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Article 1.2.2.1. of Division C - General Review by Architect or Professional Engineer

(1) The construction, including, for greater certainty, enlargement or alteration, of every building or part of it described in Table 1.2.2.1. shall be reviewed by an architect, professional engineer or both.

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Item Column 1 Column 2 Column 3

Building Classification by Major Occupancy

Building Description General Review by:

1. Assembly occupancy only Every building Architect and professional engineer(1)

2. Assembly occupancy and any other major occupancy except industrial

Every building Architect and professional engineer(1)

Table 1.2.2.1.(4)

General Review

Forming Part of Sentence 1.2.2.1.(1)

…



(2) A person who intends to construct or have constructed a building or part of it required by Sentences (1) and (4) to (9) to be reviewed by an architect, professional engineer or both, shall ensure that an architect, professional engineer or both are retained to undertake the general review of the construction of the building in accordance with the performance standards of the Ontario Association of Architects or the Association of Professional Engineers of Ontario, as applicable, to determine whether the construction is in general conformity with the plans, sketches, drawings, graphic representations, specifications and other documents that form the basis for the issuance of a permit under section 8 of the Act or any changes to it authorized by the chief building official.

(3) The architect, professional engineer or both who have been retained to undertake the general review of the construction of a building, shall forward copies of written reports arising out of the general review to the chief building official or registered code agency, as the case may be.

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(4) Where the foundations of a building are to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, the construction of the foundations shall be reviewed by a professional engineer.

(5) The construction of a sprinkler protected glazed wall assembly described in Article 3.1.8.18. of Division B shall be reviewed by a professional engineer.

(6) The construction of a shelf and rack storage system described in Section 3.16. of Division B shall be reviewed by a professional engineer.

(7) The construction of a supporting framing structure and anchorage system for a tent occupying an area greater than 225 m2 shall be reviewed by a professional engineer. 19



(8) The construction of a sign structure shall be reviewed by an architect, professional engineer or both, where the sign is,

(a) a ground sign that exceeds 7.5 m in height above the adjacent finished ground,

(b) a projecting sign that weighs more than 115 kg, or

(c) a roof sign that has any face that is more than 10 m2.

(9) The construction of a projecting sign attached or fastened in any manner to a parapet wall shall be reviewed by an architect, professional engineer or both.

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Drafting Conventions

Updated terminology “shall be deemed”; “is deemed”

firefighter

orphanages; geriatric; sanitorium; psychiatric hospital

Updated provisions Removal of provisions that are no longer relevant

e.g. Article 1.3.5.4. of Div. C of O. Reg. 350/06

Removal of dates that are no longer relevant

e.g. Sentences 1.3.1.2(2) and 1.3.3.4.(2) of Div. C

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Drafting Conventions (cont.)

Sentence 1.3.1.1.(3) of Division C

Before – O. Reg. 350/06 - (3) Where a permit is required for the demolition of a building in Sentence 1.2.2.3.(1), descriptions of the structural design characteristics of the building and the method of demolition shall be included in the application for a permit to demolish the building.

After – O. Reg. 332/12 - (3) The application for a permit respecting the demolition of a building to which Sentence 1.2.2.3.(1) applies shall include descriptions of the structural design characteristics of the building and the method of demolition of the building.

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Before – O. Reg. 350/06 - (1) A principal authority may pass a by-law or resolution or make a regulation under clause 7 (1) (e) of the Act, as part of its responsibility for the enforcement of the Act, in order to establish time periods within which notice of one or more of the following stages of construction must be given: …

After – O. Reg. 332/12 - (1) A by-law, resolution or regulation made by a principal authority under clause 7 (1) (e) of the Act may require that notice of one or more of the following stages of construction be given by the person to whom a permit is issued under section 8 of the Act: …

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Before – O. Reg. 350/06 - (1) Where the council of a municipality has passed a by-law pursuant to clause 7 (1) (g) of the Act, the chief building official may require that as constructed plans for the whole of, or any part or system of, a building or any class of buildings be provided by the persons responsible for the construction.

After – O. Reg. 332/12 - (1) Where a by-law, resolution or regulation has been made by a principal authority under clause 7 (1) (g) of the Act, the chief building official may require that as constructed plans for the whole of, or any part or system of, a building or any class of buildings be provided by the persons responsible for the construction.

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Article 1.4.1.1. of Division C

Before – O. Reg. 350/06 - (1) An information to obtain a warrant to enter and search lands and buildings under subsection 21 (1) of the Act shall be in Form 1.4.1.A.

(2) A warrant to enter and search lands and buildings under subsection 21 (1) of the Act shall be in Form 1.4.1.B.

After – O. Reg. 332/12 - (1) An information to obtain a warrant to enter and search a building, receptacle or place under subsection 21 (1) of the Act shall be in Form 1.4.1.A.

(2) A warrant to enter and search a building, receptacle or place under subsection 21 (1) of the Act shall be in Form 1.4.1.B.

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Forms 1.4.1.A. and 1.4.1.B.

Minor changes to reflect:

name of court (“Ontario Court of Justice”)

title of person who signs form (“Provincial Judge or Justice of the Peace in and for the Province of Ontario”)

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Before – O. Reg. 350/06 - (1) Pursuant to subsection 3.1 (1) of the Act, the boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. shall enforce the provisions of the Act and the building code related to sewage systems in the municipalities and the territory without municipal organization described in Column 2 of Table 1.7.1.1.

After – O. Reg. 332/12 - (1) The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1 (1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems in the municipalities and territory without municipal organization prescribed in Column 2 of Table 1.7.1.1. 27



Before – O. Reg. 350/06 - (1) Before passing a by-law, regulation or resolution under clause 7 (1) (c) of the Act to introduce or change a fee imposed for applications for a permit or for the issuance of a permit, a principal authority shall,

(a) hold at least one public meeting at which any person who attends has an opportunity to make representations with respect to the matter,…

After – O. Reg. 332/12 - (1) Before passing a by-law or resolution or making a regulation under clause 7 (1) (c) of the Act to introduce or change a fee imposed for applications for a permit, for the issuance of a permit or for a maintenance inspection, a principal authority shall,

(a) hold the public meeting required under subsection 7 (6) of the

Act,… 28



Before – O. Reg. 350/06 - (1) No member of the Commission shall be, (a) a member of the public service of Ontario, (b) an employee of a principal authority, or (c) a person who is registered under Article 3.4.3.2. as a registered code agency, an officer, director, partner or employee of a registered code agency or a person engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.

After – O. Reg. 332/12 - (1) The following relationships to a registered code agency are prescribed for the purposes of clause 23 (3) (d) of the Act as relationships to a registered code agency that make a person ineligible to be a member of the Commission: (a) the person is registered under Article 3.4.3.2. as a registered code agency, (b) the person is an officer, director, partner or employee of a registered code agency, or (c) the person is engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.

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Subsection 2.4.2. of Division C Before – O. Reg. 350/06 - 2.4.2.1.(1) The Minister may impose terms

and conditions, including conditions of termination, when making rulings under clause 29 (1) (a) of the Act adopting the evaluation report of a materials evaluation body designated in the building code.

2.4.2.2.(1) A ruling made under clause 29 (1) (c) of the Act may only approve the use of an alternative material, system or building design in a manner,

(a) that will, in the opinion of the Minister, achieve the level of performance that is required by this Code, and

(b) that is consistent with,

(i) a decision of the Building Code Commission in respect of a dispute described in clause 24 (1) (a) of the Act,

(ii) an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or

(iii) a revision of the CCBFC, “National Building Code of Canada” or the CCBFC, “National Plumbing Code of Canada” that has been approved by the Canadian Commission on Building and Fire Codes.

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Subsection 2.4.2. of Division C After – O. Reg. 332/12 - 2.4.2.1.(1) Sentence (2) sets out

criteria to be followed by the Minister when making a ruling under clause 29 (1) (c) of the Act to approve the use of an alternative material, system or building design.

(2) The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may be granted only if the approval is consistent with,

(a) a decision of the Building Code Commission in respect of a dispute described in clause 24 (1) (a) of the Act,

(b) an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or

(c) a revision of the CCBFC NRCC 53301, “National Building Code of Canada”, or the CCBFC NRCC 53302, “National Plumbing Code of Canada”, that has been approved by the Canadian Commission on Building and Fire Codes.

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Qualifications

Transition of existing qualifications and registrations

Sentence 3.1.2.1.(2)

(2) A person who, on December 31, 2013, has the qualifications set out in Sentence 3.1.2.1.(1) of Ontario Regulation 350/06 (Building Code) is deemed to have the qualifications set out in Sentence (1).

Similar provisions for other persons who have qualifications as of December 31, 2013 e.g. Sentences 3.1.3.1.(2), 3.1.4.1.(2), 3.2.4.2.(3), 3.2.5.1.(3),

3.3.3.2.(3), 3.4.3.2.(3)

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Qualifications (cont.)

Transition of existing qualifications and registrations (cont.)

Sentence 3.2.4.2.(2)

(2) Subject to Articles 3.2.4.9. and 3.2.4.10., a person who, on December 31, 2013, is registered in a class of registration under Sentence 3.2.4.2.(1) of Ontario Regulation 350/06 (Building Code) and complies with the conditions of registration set out in Article 3.2.4.7. of that Regulation is deemed to be registered in the class of registration under Sentence 3.2.4.2.(1) of this Code, and for these purposes, the person’s registration in the class of registration is deemed to continue until its term expires.

Similar provisions for other persons who are registered as of December 31, 2013 e.g. Sentences 3.3.3.2.(2), 3.4.3.2.(2)

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Qualifications (cont.)

Fees – e.g. Article 3.1.7.1. of Div C

(1) The fee payable upon the filing of information under Clause 3.1.2.1.(1)(c), 3.1.3.1.(1)(c) or 3.1.4.1.(1)(b) is $80.

(2) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.1.2.1.(1)(a), 3.1.3.1.(1)(a) or (b) or 3.1.4.1.(1)(a) is $80.

(3) The amount of a fee referred to in Sentence (1) or (2) is reduced by $10 if,

(a) the information is filed or the application to take the examination is made in accordance with a means of electronic filing or application specified by the director, and

(b) the fee is paid in accordance with a means of electronic payment specified by the director.

see also Articles 3.2.4.5., 3.2.5.4., 3.3.3.5., 3.4.3.5. 34

Transition, Amendments,

Revocation and Commencement

Transition Rule - Article 4.1.1.1. of

Division C

(1) Subject to Sentence (2), Ontario Regulation 350/06 (Building Code), as it read on December 31, 2013, is deemed to continue in force with respect to construction for which a permit has been applied for before January 1, 2014.

(2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued.

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Amendments - Article 4.2.1.1. of

Division C

Lake Simcoe watershed and inspections Sentences 4.2.1.1.(1), (4) and (5)

Come into force on January 1, 2016

MMAH Supplementary Standard SB-5 Sentences 4.2.1.1.(2), (3) and (6)

Come into force on January 1, 2017

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4.2.1.1. Amendments (cont.)

(1) Clause 1.4.1.2.(1)(c) of Division A of this Regulation is amended by adding the following definition: Lake Simcoe watershed has the same meaning as in section 2 of the Lake

Simcoe Protection Act, 2008.

(4) Sentence 1.10.2.3.(2) of Division C of this Regulation is amended by striking out “and” at the end of Clause (2)(a) and by adding the following Clauses: (a.1) portions of the strip of land along the Lake Simcoe shoreline described in Sentence (3),

(a.2) the strip of land that is located along each of the following rivers, streams, lakes or ponds and that is 100 m wide measured horizontally and perpendicular to and upland from the river, stream, lake or pond,

(i) any river or stream in the Lake Simcoe watershed that continually flows

in an average year,

(ii) any lake or pond in the Lake Simcoe watershed that is connected on the

surface to a river or stream described in Subclause (i), and

(iii) any other lake or pond in the Lake Simcoe watershed that has a

surface area greater than 8 hectares, and

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(5) Article 1.10.2.4. of Division C of this Regulation is amended by adding the following Sentence: (1.1) An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a.1) or (a.2),

(a) initially, no later than,

(i) January 1, 2021, in the case of a sewage system constructed

before January 1, 2016, or

(ii) five years after the construction of the sewage system, in the case

of a sewage system constructed on or after January 1, 2016, and

(b) thereafter, every five years after the most recent inspection of the

sewage system has been conducted.

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(2) Item 329 of Table 1.3.1.2. of Division B of this Regulation is revoked.

(3) Sentence 8.6.2.2.(5) of Division B of this Regulation is revoked and the following substituted:

(5) A treatment unit is deemed to comply with Sentences (1) and (2) if it has been certified to CAN/BNQ 3680-600, “Onsite Residential Wastewater Treatment Technologies” using a temperature condition listed under option a) or b) of Clause 8.2.2. of that standard.

(6) Section 4.1 of Division C of this Regulation is amended by adding the following Subsection:

4.1.2. Transition, January 2017

4.1.2.1. Transition Rule

(1) Subject to Sentence (2), Item 329 of Table 1.3.1.2. and Sentence 8.6.2.2.(5) of Division B of this Regulation, as they read on December 31, 2016, are deemed to continue in force with respect to construction for which a permit has been applied for before January 1, 2017.

(2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued.

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Revocation - Article 4.3.1.1.

Ontario Regulation 350/06 is revoked effective January 1,

2014

Commencement – Article 4.4.1.1.

(1) Subject to Sentences (2) and (3), this Regulation comes into force on January 1, 2014.

(2) Sentences 4.2.1.1.(1), (4) and (5) come into force on January 1, 2016.

(3) Sentences 4.2.1.1.(2), (3) and (6) come into force on January 1, 2017.

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