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Values this chapter turns on
- sewage system business work needing registration
- 6 activities
- sewage system business work needing registration
- design tasks that need designer qualifications
- 2 activities
- design tasks that need designer qualifications
- whose licence holders are exempt from designer rules
- 2 Acts
- whose licence holders are exempt from designer rules
- of installer info the CBO needs before septic work
- 3 items
- of installer info the CBO needs before septic work
Sections 15.11 to 15.13 of the Building Code Act are the legal base for the BCIN system. They say who needs a qualification, what "design" means, when architects and engineers are outside the scheme, who must be registered to install sewage systems, and who must carry insurance. Division C Part 3 then fills in the details (chapter 11).
The syllabus excludes s. 15.11(1) to (4), which deal with qualifications for chief building officials, inspectors and registered code agencies. Everything from s. 15.11(5) onward is in scope.
Designer qualification requirement (s. 15.11(5) to (8))
The core rule is in BCA s. 15.11(5)BCA s. 15.11 Qualifications for various positions(1) A person is not eligible to be appointed as a chief building official unless he or she has the qualifications set out in the building code for the position. (2) Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to…. A person is not eligible to do the following unless they have the qualifications and meet the requirements in the building code to be a designer:
- "Prepare a design or give other information or opinion concerning whether a building or part of a building complies with the building code, if the design, information or opinion is to be submitted to a chief building official in connection with, i. an application for a permit, ii. a request for the authorization referred to in subsection 8 (12) or (13), or iii. a report described in paragraph 2."
- "If a general review of the construction of a building or part of a building is required by the building code, prepare a written report based on the general review."
The Code calls these "design activities" (Division A 1.4.1.2.). Note the trigger: the work is submitted to a chief building official for a permit, a change authorization or a general review report, or it is a general review report that the code requires. Drawings that never go to the official, or a voluntary site report, are outside the rule.
What "design" includes
"'design' includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building" (BCA s. 15.11(6)BCA s. 15.11 design“design” includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building.). A hand sketch submitted with a permit application counts.
Architects and engineers
"Subsections (5) and (6.1) do not apply to a holder of any licence or certificate issued under the Architects Act or the Professional Engineers Act" (BCA s. 15.11(8)BCA s. 15.11 Qualifications for various positions(1) A person is not eligible to be appointed as a chief building official unless he or she has the qualifications set out in the building code for the position. (2) Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to…). A licensed architect or professional engineer does not need a BCIN to prepare permit drawings. Their own professional statutes govern them.
Building condition evaluations and false claims
- Section 15.11(6.1) applies the same idea to people who conduct building condition evaluations.
- Section 15.11(7) says no person shall represent, directly or indirectly, that they have the qualifications or meet the requirements if they do not. Advertising "BCIN-qualified" without being registered breaches this.
| Subsection | Rule |
|---|---|
| 15.11(5) | Designer qualification needed for permit, change and general review submissions |
| 15.11(6) | Broad definition of "design" |
| 15.11(6.1) | Qualification needed to conduct a building condition evaluation |
| 15.11(7) | No false claims of qualification |
| 15.11(8) | Architects and engineers excluded from (5) and (6.1) |
Sewage system qualifications (s. 15.12)
"No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications set out in the building code and is registered in accordance with the building code" (BCA s. 15.12(1)BCA s. 15.12 Qualifications re sewage systems(1) No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications set out in the building code and is registered in accordance with the building code. (2) No person shall represent, directly or indirectly…).
Key points:
- It is a business test. A homeowner who is not in the business is not caught by s. 15.12(1). (Designing a sewage system is a design activity under s. 15.11, not s. 15.12.)
- Six activities are listed: constructing on site, installing, repairing, servicing, cleaning and emptying.
- No false claims of qualification or registration (s. 15.12(2)).
- Before anyone begins or continues construction of a sewage system that a registered business will build, the chief building official must have the prescribed information about that business (s. 15.12(3)). Division C 1.3.5.4. lists the information: the registration details of the business and of the qualified supervisor, plus a contact name and telephone number.
Division C 3.3. (chapter 11) sets out how these businesses register.
Duty to have insurance (s. 15.13)
BCA s. 15.13BCA s. 15.13 Duty to have insurance(1) Every registered code agency, every person referred to in subsections 15.11 (5) and (6.1) and such other persons as may be specified in the building code who construct buildings are required to have the insurance coverage specified by the building code. (2) Subsection (1) does not apply to a person who is a… sets the insurance framework:
| Subsection | Rule |
|---|---|
| 15.13(1) | Every registered code agency, every person under s. 15.11(5) and (6.1), and others the code specifies who construct buildings must have the insurance the code specifies |
| 15.13(2) | (1) does not apply to a builder or vendor under the New Home Construction Licensing Act, 2017, for the construction of a building |
| 15.13(3) | No false claims of having the required insurance |
| 15.13(4) | Where the code says so, insurance is a qualification or requirement for a s. 15.11 position |
| 15.13(5) | No one may begin or continue construction until the chief building official has the prescribed information about the insured person and the coverage |
The Act casts the net widely, but Division C 3.6. narrows the actual requirement: only firms registered under Division C 3.2.4.2. and registered code agencies must carry the policy (chapter 11). That is why an individual BCIN holder working for a registered firm is covered by the firm's policy rather than their own.
Remember the link to permits: under s. 8(2)(c), a chief building official need not issue a permit if a designer lacks required qualifications or insurance.
Worked examples
Example 1. A licensed professional engineer prepares the structural drawings for a new warehouse. Does the engineer need a BCIN? No. Section 15.11(8) takes engineers and architects out of s. 15.11(5).
Example 2. A drafter prepares house plans for a client but the client submits them to the municipality. Is the drafter caught by s. 15.11(5)? Yes. The design is "to be submitted to a chief building official in connection with an application for a permit". Who physically submits it does not matter.
Example 3. A plumbing contractor starts a side business pumping septic tanks. Does s. 15.12(1) apply? Yes, cleaning and emptying sewage systems as a business needs qualification and registration (subject to the Division C exemption for holders of an environmental approval for those activities).
Common traps
- Assuming every drawing needs a BCIN. Only drawings or opinions submitted to the official for the listed purposes, and required general review reports, are caught.
- Forgetting the architect and engineer exclusion in s. 15.11(8).
- Thinking the New Home Construction Licensing Act exemption in s. 15.13(2) covers designers. It covers builders and vendors.
- Mixing up s. 15.12 (business of sewage work) and s. 15.11 (design, including sewage system design).
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.
- Designer qualification requirement (s. 15.11(5) to (8))
The Code calls these "design activities" (Division A 1.4.1.2.).
- Sewage system qualifications (s. 15.12)
"No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications set…
- Duty to have insurance (s. 15.13)
The Act casts the net widely, but Division C 3.6. narrows the actual requirement: only firms registered under Division C 3.2.4.2. and registered code agencies must carry the…
Usual exam traps
- Assuming every drawing needs a BCIN. Only drawings or opinions submitted to the official for the listed purposes, and required general review reports, are caught.
- Forgetting the architect and engineer exclusion in s. 15.11(8).
- Thinking the New Home Construction Licensing Act exemption in s. 15.13(2) covers designers. It covers builders and vendors.
- Mixing up s. 15.12 (business of sewage work) and s. 15.11 (design, including sewage system design).
Practice this chapter
Questions on Qualifications and insurance under the Act, 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. 15.11 Qualifications for various positions
Open BCA s. 15.11 in the code viewer(1)A person is not eligible to be appointed as a chief building official unless he or she has the qualifications set out in the building code for the position.
(2)Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to plumbing, to the extent of those powers and duties.
(3)A person is not eligible to be appointed as an inspector under this Act unless he or she has the qualifications set out in the building code for the position.
(4)A person is not eligible to be appointed as a registered code agency under this Act unless the person has the qualifications and meets the requirements set out in the building code.
(5)A person is not eligible to engage in any of the following activities unless he, she or it has the qualifications and meets the requirements set out in the building code to be a designer:
1. Prepare a design or give other information or opinion concerning whether a building or part of a building complies with the building code, if the design, information or opinion is to be submitted to a chief building official in connection with,
i. an application for a permit,
ii. a request for the authorization referred to in subsection 8 (12) or (13), or
iii. a report described in paragraph 2.
2. If a general review of the construction of a building or part of a building is required by the building code, prepare a written report based on the general review.
(6)In subsection (5),
“design” includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building.
(6.1)A person is not eligible to conduct a building condition evaluation under this Act unless the person has the qualifications and meets the requirements set out in the building code.
(7)No person shall represent, directly or indirectly, that he, she or it has the qualifications or meets the requirements established under this section if the person does not have those qualifications or does not meet those requirements.
(8)Subsections (5) and (6.1) do not apply to a holder of any licence or certificate issued under the Architects Act or the Professional Engineers Act.
BCA s. 15.11 design
Open BCA s. 15.11 in the code viewer“design” includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building.
BCA s. 15.12 Qualifications re sewage systems
Open BCA s. 15.12 in the code viewer(1)No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications set out in the building code and is registered in accordance with the building code.
(2)No person shall represent, directly or indirectly, that the person has the qualifications or is registered as specified in this section if the person does not have those qualifications or is not registered as specified.
(3)If any part of the construction of a building will be undertaken by a person described in subsection (1) (a “specified person”), no person shall begin or continue the construction of a sewage system, or cause it to begin or continue, unless the person has given the chief building official the prescribed information about the specified person.
BCA s. 15.13 Duty to have insurance
Open BCA s. 15.13 in the code viewer(1)Every registered code agency, every person referred to in subsections 15.11 (5) and (6.1) and such other persons as may be specified in the building code who construct buildings are required to have the insurance coverage specified by the building code.
(2)Subsection (1) does not apply to a person who is a builder or vendor as defined in subsection 1 (1) of the New Home Construction Licensing Act, 2017 in respect of the construction of a building.
(3)No person shall represent, directly or indirectly, that he, she or it has the insurance coverage required by subsection (1) if the person does not have that insurance coverage.
(4)If the building code so provides, the insurance coverage constitutes a qualification or requirement for the purposes of a position referred to in section 15.11.
(5)If any part of the construction of a building will be undertaken by a person who is required by subsection (1) to have insurance (a “specified person”), no person shall begin or continue the construction, or cause it to begin or continue, unless the person has given the chief building official the prescribed information about the specified person and the insurance coverage of the specified person.