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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 Act are the legal hook for the whole BCIN system. They say who must be qualified, who must be registered, and who must carry insurance. The detail (exams, classes, fees, terms) is in Division C Part 3, covered in chapter 12. On this exam, expect questions on which activities trigger the designer qualification, who is exempt, and what a builder must tell the CBO before sewage system work starts. Subsections 15.11(4) and 15.13(3) and (4) are not on the syllabus.
Qualifications for building officials, designers and others
Officials first. "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" (BCA s. 15.11(1)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…). The same applies to inspectors who have CBO powers for sewage systems or plumbing, to the extent of those powers (s. 15.11(2)), and to every inspector (s. 15.11(3)).
Designers. Subsection 15.11(5) sets out the designer activities that need qualifications. A person is not eligible to do them unless the person has the qualifications and meets the requirements in the code to be a designer:
| Paragraph | Activity |
|---|---|
| 1 | prepare a design, or give other information or an opinion about code compliance, to be submitted to a CBO with a permit application, a request for authorization of a change under s. 8(12) or (13), or a general review report |
| 2 | where the code requires general review, prepare a written report based on the general review |
"Design" is defined broadly. It "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.). Division A uses "design activities" to mean exactly the activities in 15.11(5).
Other points in section 15.11:
- A person conducting a building condition evaluation also needs code qualifications (s. 15.11(6.1)).
- No person may represent, directly or indirectly, that they have qualifications they lack (s. 15.11(7)).
- 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" (s. 15.11(8)).
So architects and licensed engineers do not need a BCIN to submit designs. Their own professional Acts govern them.
Qualifications for sewage system work
"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…).
Note the six verbs, and note the word "business". The rule is aimed at people who do this work as a business. Misrepresenting qualifications or registration is prohibited (s. 15.12(2)).
Before work starts, the CBO must know who is doing it. If any part of the construction will be done by a person described in 15.12(1) (a "specified person"), no one may begin or continue construction of the sewage system unless the CBO has been given the prescribed information about that person (s. 15.12(3)). Division C 1.3.5.4. sets the information: details of the registered business, the qualified person who will supervise on site, and a contact name and phone number (OBC Div. C 1.3.5.4.OBC Div. C 1.3.5.4. Construction of Sewage Systems(1) The following information is prescribed for the purposes of subsection 15.12(3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system: (a) the information described in Sentence 3.3.4.1.(2) as it relates to, (i) the person registered under…).
Duty to have insurance
"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" (BCA s. 15.13(1)BCA 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…).
The exception: 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" (s. 15.13(2)). Those builders have their own warranty regime.
Like 15.12(3), subsection 15.13(5) is a pre-start rule. If any part of the construction will be done by a person required to have insurance, no one may begin or continue construction unless the CBO has been given the prescribed information about that person and their coverage.
| Section | Who | Requirement | Pre-start information to CBO |
|---|---|---|---|
| 15.11 | CBOs, inspectors, designers, building condition evaluators | code qualifications | not in this section |
| 15.12 | businesses that construct, install, repair, service, clean or empty sewage systems | qualifications and registration | yes, s. 15.12(3) |
| 15.13 | RCAs, designers, evaluators, others specified | insurance | yes, s. 15.13(5) |
Worked example: three people, three answers
- A licensed professional engineer stamps structural drawings for a permit. She does not need BCIN designer registration, because 15.11(8) exempts holders of a licence under the Professional Engineers Act.
- A drafting firm prepares house plans for clients and submits them with permit applications. This is paragraph 1 of 15.11(5), so the firm needs the code qualifications (registration and insurance under Division C Part 3).
- A septic contractor will install a new tile bed. The contractor's business must be registered under 15.12(1), and the owner may not start the sewage system until the CBO has the 1.3.5.4. information about the contractor and its on-site supervisor.
Common traps
- The exemption is for professional licence holders. It is in 15.11(8) and covers only the designer and evaluator rules, not inspector qualifications.
- "Design" includes a sketch. A hand sketch submitted with a permit application is a design.
- General review reports are a designer activity under paragraph 2 of 15.11(5).
- Sewage business verbs. Cleaning and emptying are covered, not just installing.
- Insurance exemption applies to builders or vendors under the New Home Construction Licensing Act, 2017, not to all builders.
- Both 15.12(3) and 15.13(5) block starting or continuing construction until the CBO has the information.
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.
- Qualifications for building officials, designers and others
So architects and licensed engineers do not need a BCIN to submit designs.
- Qualifications for sewage system work
"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
"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…
Usual exam traps
- The exemption is for professional licence holders. It is in 15.11(8) and covers only the designer and evaluator rules, not inspector qualifications.
- "Design" includes a sketch. A hand sketch submitted with a permit application is a design.
- General review reports are a designer activity under paragraph 2 of 15.11(5).
- Sewage business verbs. Cleaning and emptying are covered, not just installing.
- Insurance exemption applies to builders or vendors under the New Home Construction Licensing Act, 2017, not to all builders.
- Both 15.12(3) and 15.13(5) block starting or continuing construction until the CBO has the information.
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 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
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.
OBC Div. C 1.3.5.4. Construction of Sewage Systems
Open OBC Div. C 1.3.5.4. in the code viewer(1)The following information is prescribed for the purposes of subsection 15.12(3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system:
(a)the information described in Sentence 3.3.4.1.(2) as it relates to,
(i)the person registered under Article 3.3.3.2., and
(ii)the person with the qualifications described in Clause 3.3.3.2.(1)(a) who will supervise construction on-site of the sewage system, and
(b)the name and telephone number of the representative of the person described in Subclause (a)(i) who may be contacted by the chief building official in respect of the construction of the sewage system.
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.