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Values this chapter turns on
- area a structure must exceed to be a building without plumbing
- 10 m²
- area a structure must exceed to be a building without plumbing
- parts of the Act's definition of building
- 5 clauses
- parts of the Act's definition of building
- make up plumbing: drainage, venting and water
- 3 systems
- make up plumbing: drainage, venting and water
- of the Act under which inspectors are appointed
- 5 sections
- of the Act under which inspectors are appointed
The Designer Legal/Process exam opens with the first two sections of the Building Code Act, 1992. Section 1 defines the words the rest of the Act depends on. Section 1.1 says what each person in a project is expected to do. Neither section is long, but both come up again and again, because almost every other question turns on a defined word ("building", "construct", "principal authority") or on whose job something is.
This chapter covers subtopics DLP-1.1 (definitions in the Act) and DLP-1.2 (role of various persons, including designers).
Definitions in the Act
The definitions sit in BCA s. 1(1)BCA s. 1 Definitions(1) In this Act, “building” means, (a) 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, (b) a structure occupying an area…. Each one is also stored as its own entry, so you can cite the exact term, for example BCA s. 1(1), "building"BCA s. 1 building“building” means, (a) 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, (b) a structure occupying an area of ten square….
"Building"
"Building" is wider than most people expect. Under BCA s. 1(1)BCA s. 1 building“building” means, (a) 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, (b) a structure occupying an area of ten square… it includes:
| Clause | What counts as a building |
|---|---|
| (a) | A structure over 10 m² with a wall, roof and floor (or any of them), or a structural system doing that job, with its plumbing, works, fixtures and service systems |
| (b) | A structure of 10 m² or less that contains plumbing, with that plumbing |
| (c) | Plumbing not located in a structure |
| (c.1) | A sewage system |
| (d) | Structures designated in the building code |
The 10 m² line is a favourite exam point. A tiny structure is a building only if it contains plumbing (or the code designates it). A sewage system is a building in its own right, which is why sewage permits, orders and offences all run through the same Act.
"Construct" and "demolish"
The Act says "construct" means "to do anything in the erection, installation, extension or material alteration or repair of a building" and it "includes the installation of a building unit fabricated or moved from elsewhere" (BCA s. 1(1)BCA s. 1 construct“construct” 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 and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)). So placing a factory-built unit on a foundation is construction.
"Demolish" means "to do anything in the removal of a building or any material part thereof" (BCA s. 1(1)BCA s. 1 demolish“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)). Removing part of a building can be demolition. It does not need to be the whole building.
Other terms to know
| Term | Plain meaning |
|---|---|
| plumbing | A drainage system, a venting system and a water system, or parts of them (BCA s. 1(1)BCA s. 1 plumbing“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)). A sewage system is not "plumbing"; it is listed separately under "building". |
| municipality | A local municipality (BCA s. 1(1)BCA s. 1 municipality“municipality” means a local municipality; (“municipalité”)). Upper-tier municipalities are always named separately. |
| principal authority | The Crown, the council of a municipality, certain upper-tier municipalities with agreements, and prescribed boards of health, planning boards and conservation authorities (BCA s. 1(1)BCA s. 1 principal authority“principal authority” means, (a) the Crown, (b) the council of a municipality, (c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1), (d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under…). The chief building official is not a principal authority. |
| registered code agency | A person with the qualifications and requirements in s. 15.11(4) (BCA s. 1(1)BCA s. 1 registered code agency“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)). |
| inspector | An inspector appointed under s. 3, 3.1, 4, 6.1 or 6.2 (BCA s. 1(1)BCA s. 1 inspector“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)). |
| maintenance inspection program | A program under clause 7(1)(b.1) or subsection 34(2.2) (BCA s. 1(1)BCA s. 1 maintenance inspection program“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)). |
| plans review certificate, change certificate, final certificate | Certificates prescribed in the code or approved by the Minister; registered code agencies issue them. |
Two interpretation rules worth a question each
- Mines. The Act "does not apply to structures used directly in the extraction of ore from a mine" (BCA s. 1(2)BCA s. 1 Definitions(1) In this Act, “building” means, (a) 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, (b) a structure occupying an area…). Farm buildings, sewage systems and buildings in unorganized territory are all still covered.
- "Chief building official" sometimes means an inspector. Outside the provisions it lists, a reference to the chief building official includes an inspector who holds the official's powers for sewage systems (under s. 3.1(3) or 6.2(4)) or for plumbing (under s. 6.1(5)) (BCA s. 1(1.3)BCA s. 1 Definitions(1) In this Act, “building” means, (a) 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, (b) a structure occupying an area…).
Role of various persons, including designers
Section 1.1 lists roles. It does not create new offences, but it tells you who is expected to do what. The exam often gives you a role and asks whose it is.
| Person | Key roles under s. 1.1 |
|---|---|
| Person who causes a building to be constructed (usually the owner) | Build to the Act, the code and the permit; make sure construction does not start without a required permit; use only people with any required qualifications and insurance. s. 1.1(1) |
| Designer | Provide designs that comply, with documentation detailed enough to be assessed for compliance and for a builder to build from; work only within their qualifications; do general review (where the code requires it) only within their qualifications. s. 1.1(2) |
| Builder | Do not proceed without the permit; build to the permit; use appropriate techniques; when site conditions affect compliance, notify the designer and an inspector or the registered code agency. s. 1.1(3) |
| Manufacturers, suppliers, retailers | Make sure products comply with the standards under the Act and code. s. 1.1(4) |
| Building owner | Maintain, repair and evaluate the building and keep records as the Act and code require. s. 1.1(4.1) |
| Registered code agency | Review plans, issue certificates and inspect, only within its qualifications. s. 1.1(5) |
| Chief building official | Set operational policies for enforcement; co-ordinate and oversee enforcement; act independently under the code of conduct. s. 1.1(6) |
| Inspector | Review plans, inspect construction, conduct maintenance inspections, issue orders; act only within qualifications; act independently under the code of conduct. s. 1.1(7) |
All of these are in BCA s. 1.1BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…. For the designer, the Act puts it this way: the designer's role is "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".
The safety net in s. 1.1(8)
"Nothing in this section relieves any person from the duty to comply with any part of this Act or the building code." An owner cannot say "compliance was the designer's job", and a designer cannot say "the inspector approved it". Each person keeps their own duty.
Worked examples
Example 1. A 9 m² garden structure has a hose bib and a small sink connected to the house water supply. Is it a building? Yes. It is under 10 m², but it contains plumbing, so clause (b) applies.
Example 2. During excavation the builder hits soft clay that the soils report did not mention. What does s. 1.1 say the builder should do? Notify the designer and an inspector (or the registered code agency, if one is appointed). Redesigning on the spot is not the builder's role, and any material change to the permit drawings needs the chief building official's authorization under s. 8(12).
Example 3. Which role belongs to the chief building official but not to an inspector? Establishing operational policies for enforcement. Acting independently under the code of conduct is shared by both.
Common traps
- Treating the chief building official as a "principal authority". The principal authority is the council (or other listed body); the official is its appointee.
- Forgetting that "municipality" means a local municipality only.
- Thinking a sewage system is "plumbing". It is a separate kind of building.
- Assuming the designer's role covers general review for every building. It applies only where the code requires general review, and only within the designer's qualifications.
Chapter review
Chapter at a glance
One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.
- Role of various persons, including designers
"Nothing in this section relieves any person from the duty to comply with any part of this Act or the building code." An owner cannot say "compliance was the designer's job", and…
Usual exam traps
- Treating the chief building official as a "principal authority". The principal authority is the council (or other listed body); the official is its appointee.
- Forgetting that "municipality" means a local municipality only.
- Thinking a sewage system is "plumbing". It is a separate kind of building.
- Assuming the designer's role covers general review for every building. It applies only where the code requires general review, and only within the designer's qualifications.
Practice this chapter
Questions on Interpretation and roles, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.
Code cited in this chapter
Based on the official Building Code Act, 1992 on e-Laws.
BCA s. 1 Definitions
Open BCA s. 1 in the code viewer(1)In this Act,
“building” means,
(a)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,
(b)a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,
(c)plumbing not located in a structure,
(c.1) a sewage system, or
(d)structures designated in the building code; (“bâtiment”)
“building code” means regulations made under section 34; (“code du bâtiment”)
“building condition evaluation” means an evaluation conducted under a building condition evaluation program; (“évaluation de l’état du bâtiment”)
“building condition evaluation program” means a program established under subsection 34 (2.3); (“programme d’évaluation de l’état des bâtiments”)
“building owner” means, in respect of a building,
(a) the registered owner of the land on which the building is located or, if the building is owned separately from the land on which the building is located, the owner of the building, unless the person is a person prescribed in the building code,
(b) the person that is responsible for maintaining the building or part of the building subject to a building condition evaluation program, unless the person is a person prescribed in the building code, and
(c) such other persons as may be prescribed; (“propriétaire du bâtiment”)
“change certificate” means a certificate prescribed under the building code or approved by the Minister as a change certificate; (“certificat de modification”)
“chief building official” means a chief building official appointed or constituted under section 3 or 4; (“chef du service du bâtiment”)
“code of conduct” means a code of conduct described in section 7.1; (“code de conduite”)
“construct” 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 and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)
“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)
“director” means the person appointed as director under section 2; (“directeur”)
“final certificate” means a certificate prescribed under the building code or approved by the Minister as a final certificate; (“certificat définitif”)
“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)
“maintenance inspection” means an inspection conducted under a maintenance inspection program; (“inspection d’entretien”)
“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)
“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
“municipality” means a local municipality; (“municipalité”)
“officer” means a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under section 15.1; (“agent”)
“planning board” means a planning board established under section 9 or 10 of the Planning Act; (“conseil d’aménagement”)
“plans review certificate” means a certificate prescribed under the building code or approved by the Minister as a plans review certificate; (“certificat d’examen des plans”)
“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)
“principal authority” means,
(a) the Crown,
(b) the council of a municipality,
(c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),
(d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),
(e)a planning board that has been prescribed for the purposes of subsection 3.1 (1), or
(f)a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)
“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)
“regulations” means regulations made under this Act. (“règlements”)
(1.1)Except as provided in subsection (1.2), a reference to “this Act” in any provision of this Act shall be deemed to be a reference to this Act excluding sections 15.1 to 15.8.
(1.2)A reference to “this Act” in subsection 1 (1) and sections 2, 16, 19, 20, 21, 27, 31, 36 and 37 includes a reference to sections 15.1 to 15.8.
(1.3)A reference to the “chief building official” in this Act, other than in subsections 1 (1), 3 (2), (3) and (6) and section 4, includes an inspector who has the same powers and duties as the chief building official,
(a)in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2 (4); and
(b)in relation to plumbing by virtue of subsection 6.1 (5).
(2)This Act does not apply to structures used directly in the extraction of ore from a mine.
BCA s. 1 building
Open BCA s. 1 in the code viewer“building” means,
(a)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,
(b)a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,
(c)plumbing not located in a structure,
(c.1) a sewage system, or
(d)structures designated in the building code; (“bâtiment”)
BCA s. 1 construct
Open BCA s. 1 in the code viewer“construct” 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 and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)
BCA s. 1 demolish
Open BCA s. 1 in the code viewer“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)
BCA s. 1 plumbing
Open BCA s. 1 in the code viewer“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)
BCA s. 1 municipality
Open BCA s. 1 in the code viewer“municipality” means a local municipality; (“municipalité”)
BCA s. 1 principal authority
Open BCA s. 1 in the code viewer“principal authority” means,
(a)the Crown,
(b)the council of a municipality,
(c)an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),
(d)a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),
(e)a planning board that has been prescribed for the purposes of subsection 3.1 (1), or
(f)a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)
BCA s. 1 registered code agency
Open BCA s. 1 in the code viewer“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)
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BCA s. 1 inspector
Open BCA s. 1 in the code viewer“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)
BCA s. 1 maintenance inspection program
Open BCA s. 1 in the code viewer“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)
BCA s. 1.1 Role of various persons
Open BCA s. 1.1 in the code viewer(1)It is the role of every person who causes a building to be constructed,
(a)to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building;
(b)to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and
(c)to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code.
(2)It is the role of a designer,
(a)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;
(b)to perform the role described in clause (a) in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code; and
(c)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.
(3)It is the role of a builder,
(a)to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official;
(b)to construct the building in accordance with the permit;
(c)to use appropriate building techniques to achieve compliance with this Act and the building code; and
(d)when site conditions affect compliance with the building code, to notify the designer and an inspector or the registered code agency, as appropriate.
(4)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.
(4.1)It is the role of a building owner,
(a)to ensure that the building or part of the building is maintained, repaired and evaluated in accordance with this Act and the building code; and
(b)to ensure documents, records and other information about the building are kept and provided in accordance with this Act and the building code.
(4.2)It is the role of a person who conducts a building condition evaluation,
(a)to carry out the responsibilities of that person under a building condition evaluation program in accordance with this Act and the building code; and
(b)to perform the role described in clause (a) in respect of only those matters for which the person has the qualifications, if any, required by this Act and the building code.
(5)It is the role of a registered code agency,
(a)to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, issuing certificates, inspecting construction and performing other functions in accordance with this Act and the building code; and
(b)to carry out the duties of a registered code agency under this Act and the building code in respect of only those matters for which the registered code agency is qualified under this Act and the building code.
(6)It is the role of a chief building official,
(a)to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction;
(b)to co-ordinate and oversee the enforcement of this Act and the building code within the applicable jurisdiction;
(c)to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and
(d)to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.
(7)It is the role of an inspector,
(a)to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, inspecting construction, conducting maintenance inspections and issuing orders in accordance with this Act and the building code;
(b)to exercise powers and perform duties in respect of only those matters for which he or she has the qualifications required by this Act and the building code; and
(c)to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.
(8)Nothing in this section relieves any person from the duty to comply with any part of this Act or the building code or affects the rights or duties of a person not mentioned in this section in respect of the construction of a building.