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Values this chapter turns on
- structure area above which it is a building
- 10 m²
- structure area above which it is a building
- clauses in the Act's definition of building
- 5 routes
- clauses in the Act's definition of building
- retaining wall height that makes it a building
- 1,000 mm
- retaining wall height that makes it a building
- parts of the CBO's role under s. 1.1(6)
- 4 roles
- parts of the CBO's role under s. 1.1(6)
Every power a chief building official (CBO) uses starts with a defined word. Whether a structure is a "building", whether work is "construction" or "demolition", and who counts as a "principal authority" decide whether the Act applies at all and who must act. Section 1.1 then sets out who is responsible for what. For the CBO exam, read both sections as a map of your own job: what you oversee, and what remains the duty of owners, designers, builders and agencies.
Definitions in the Act
Section 1 of the Building Code Act, 1992 holds the definitions (BCA s. 1BCA 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…). The ones a CBO uses daily:
| Term | What it covers, in short |
|---|---|
| building | five routes: a structure over 10 m² with a wall, roof or floor; a structure of 10 m² or less that contains plumbing; plumbing not in a structure; a sewage system; or a structure designated in the building code |
| construct | erection, installation, extension, material alteration or repair, including installing a building unit "fabricated or moved from elsewhere" |
| demolish | removal of a building "or any material part thereof" |
| chief building official | a CBO appointed or constituted under section 3 or 4 |
| inspector | appointed under section 3, 3.1, 4, 6.1 or 6.2 |
| principal authority | the Crown, a municipal council, and certain upper-tier municipalities, boards of health, planning boards and conservation authorities |
| registered code agency | a person with the qualifications in s. 15.11(4) |
| municipality | a local municipality |
The definition of buildingBCA 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… is the gateway. Clause (d) lets the code add structures: Division A 1.3.3.5. designates items such as retaining walls over 1,000 mm next to public property, outdoor pools, signs not supported by a building, and demountable stages (OBC Div. A 1.3.3.5.OBC Div. A 1.3.3.5. 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: (a) a retaining wall exceeding 1,000 mm in exposed height adjacent to (i) public property, (ii) access to a building, or (iii) private property to which the public is admitted, (b) a…). A shed of 10 m² or less with no plumbing is not a building under clauses (a) to (c), but a 4 m² washroom kiosk is, because it contains plumbing.
Principal authorityBCA 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… matters because many duties sit with the principal authority rather than the CBO personally: passing fee by-laws, making the code of conduct, appointing registered code agencies. An upper-tier municipality is a principal authority only if it has an agreement under s. 3(5), 6.1(1) or 6.2(1). A board of health qualifies only if prescribed under s. 3.1(1) or party to an agreement under s. 6.1(2) or (3) or 6.2(2).
Who else is "the CBO"?
Subsection 1(1.3) widens the term. In most of the Act, "chief building official" also includes an inspector who has the same powers and duties as a CBO for sewage systems (by s. 3.1(3) or 6.2(4)) or for plumbing (by s. 6.1(5)). The exceptions are s. 1(1), s. 3(2), (3) and (6), and s. 4. So the designated sewage system inspector of a health unit can, for example, make a stop work order on a septic installation as if they were the CBO.
Two scope rules also matter. By s. 1(1.1), "this Act" generally excludes sections 15.1 to 15.8 (property standards), except in the provisions listed in s. 1(1.2), such as the offence and immunity sections. And by s. 1(2), the Act "does not apply to structures used directly in the extraction of ore from a mine."
Role of various persons
Section 1.1 assigns roles (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…). Subsection 1.1(8) adds that nothing in the section relieves anyone of the duty to comply with the Act or the building code.
| Person | Role in short |
|---|---|
| Person causing construction | build to the Act, code and permit; no work before a required permit; use only qualified and insured persons |
| Designer | designs that comply and are detailed enough to assess and build from; only within their qualifications; general review within their qualifications |
| Builder | no work before the permit; build to the permit; use appropriate techniques; tell the designer and inspector or RCA when site conditions affect compliance |
| Manufacturers, suppliers, retailers | products for regulated purposes comply with the standards |
| Building owner | maintain, repair and evaluate as required; keep and provide records |
| Registered code agency | review plans, issue certificates, inspect, within its qualifications |
| Chief building official | set operational policies, co-ordinate and oversee enforcement, exercise assigned powers, act independently and under the code of conduct |
| Inspector | review plans, inspect, do maintenance inspections and issue orders, within qualifications, independently and under the code of conduct |
The CBO's role in s. 1.1(6) has four parts: "to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction", to "co-ordinate and oversee the enforcement", to exercise the powers and duties assigned, and to act "in an independent manner and in accordance with the standards established by the applicable code of conduct." Setting operational policy and overseeing enforcement are the CBO's alone; an inspector's role in s. 1.1(7) is limited to reviewing plans, inspecting, maintenance inspections and orders.
Worked scenarios
A modular cabin. A cabin built in a factory is trucked to a lot and set on piers. The installation is "construct" because the definition includes installing a building unit fabricated elsewhere, so a permit is needed under s. 8.
Partial removal. An owner removes a loadbearing wall and half the roof of a barn. Removing a material part of a building is "demolish", so a demolition permit is needed even though most of the barn stays.
Site conditions. During excavation the builder hits soft clay not shown on the soils report. Under s. 1.1(3)(d), the builder's role is to notify the designer and the inspector (or the RCA, if one is appointed). The CBO's policy should say how such notices are received and tracked.
Sewage inspector as CBO. A health unit's designated sewage system inspector finds a leaching bed being built without a permit. Through s. 1(1.3), references to the CBO in sections such as 14 include that inspector, so they act with CBO powers for the sewage system.
Common traps
- "Municipality" means a local municipality only. Upper-tier municipalities are dealt with separately.
- A 10 m² threshold, not 15 m²: the 15 m² shed exemption is in Division C 1.3.1.1., not in the Act's definition.
- Inspector appointments come from five sections (3, 3.1, 4, 6.1, 6.2), but the CBO is appointed or constituted only under section 3 or 4.
- Operational policy is the CBO's role. The code of conduct is made by the principal authority under s. 7.1, not by the CBO.
- Section 1.1 roles do not shift legal duties: a builder who follows a designer's faulty drawing still has to comply with the Act.
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
The CBO's role in s. 1.1(6) has four parts: "to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction", to…
Usual exam traps
- "Municipality" means a local municipality only. Upper-tier municipalities are dealt with separately.
- A 10 m² threshold, not 15 m²: the 15 m² shed exemption is in Division C 1.3.1.1., not in the Act's definition.
- Inspector appointments come from five sections (3, 3.1, 4, 6.1, 6.2), but the CBO is appointed or constituted only under section 3 or 4.
- Operational policy is the CBO's role. The code of conduct is made by the principal authority under s. 7.1, not by the CBO.
- Section 1.1 roles do not shift legal duties: a builder who follows a designer's faulty drawing still has to comply with the Act.
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 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
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”)
OBC Div. A 1.3.3.5. Designated Structures
Open OBC Div. A 1.3.3.5. in the code viewer(1)The following structures are designated for the purposes of clause (d) of the definition of building in subsection 1 (1) of the Act:
(a)a retaining wall exceeding 1,000 mm in exposed height adjacent to
(i)public property,
(ii)access to a building, or
(iii)private property to which the public is admitted,
(b)a pedestrian bridge appurtenant to a building,
(c)a crane runway,
(d)an exterior storage tank and its supporting structure that is not regulated by the Technical Standards and Safety Act, 2000,
(e)signs regulated by Section 3.15. of Division B that are not structurally supported by a building,
(f)a solar collector that is mounted on a building and has a face area equal to or greater than 5 m²,
(g)a structure that supports a wind turbine generator having a rated output of more than 3 kW,
(h)a dish antenna that is mounted on a building and has a face area equal to or greater than 5 m²,
(i)an outdoor pool,
(j)an outdoor public spa,
(k)a permanent solid nutrient storage facility with supporting walls exceeding 1,000 mm in exposed height,
(l)a demountable stage, and
(m)a demountable support structure.
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. 1.1 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.