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Values this chapter turns on
- sewage system businesses that need registration
- 6 activities
- sewage system businesses that need registration
- required to carry insurance under s. 15.13
- 3 groups
- required to carry insurance under s. 15.13
- covered by the designer qualification rule
- 2 activities
- covered by the designer qualification rule
Sections 15.11 to 15.13 of the Act are short, but they link the Act to the registration system in Division C Part 3. They decide who is eligible to be appointed, who may submit designs, who may run a septic business and who must carry insurance. For a chief building official they also explain two practical checks: refusing a permit when a designer is unqualified or uninsured (s. 8(2)(c)), and requiring information about qualified and insured persons before work starts.
Qualifications for chief building officials, inspectors and others
BCA s. 15.11BCA 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… is written as eligibility rules:
| Subsection | Who | Rule |
|---|---|---|
| 15.11(1) | chief building official | not eligible to be appointed without the code's qualifications for the position |
| 15.11(2) | inspector with CBO powers for sewage systems or plumbing | s. 15.11(1) also applies, "to the extent of those powers and duties" |
| 15.11(3) | inspector | not eligible without the code's qualifications for the position |
| 15.11(4) | registered code agency | not eligible without the code's qualifications and requirements |
| 15.11(5) | designers | not eligible to do the listed design activities without the code's designer qualifications |
| 15.11(6.1) | building condition evaluators | not eligible without the code's qualifications |
| 15.11(7) | anyone | no false representation of qualifications |
| 15.11(8) | architects and engineers | (5) and (6.1) do not apply to holders of a licence or certificate under the Architects Act or Professional Engineers Act |
The designer rule in s. 15.11(5) covers two activities. First, preparing a design, or giving other information or an opinion on code compliance, that will be submitted to a CBO with a permit application, a request to authorize a change under s. 8(12) or (13), or a general review report. Second, writing a report based on a general review that the code requires. "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.).
The details sit in Division C: Section 3.1 for CBOs and inspectors (registration with the director after passing the exam program), Section 3.2 for designers and Section 3.4 for RCAs (see chapter 12). The Act sets the gate; the code sets the key.
Sewage system qualifications
BCA s. 15.12BCA 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… controls septic businesses. No person may "engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems" without the code's qualifications and registration. Misrepresenting registration is prohibited (s. 15.12(2)).
Subsection 15.12(3) creates a pre-start duty: if part of the construction will be done by such a "specified person", no one may begin or continue building the sewage system until the CBO has been given the prescribed information about that person. Division C 1.3.5.4. says what that information is: the public register details of the registered business and of the qualified person who will supervise on site, plus the name and phone number of the business's contact for the CBO (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…).
Note the trigger words: it is the "business" of these activities that needs registration. A homeowner building their own septic system is not in the business, although they still need a permit and the system must comply.
Insurance
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… requires insurance coverage specified by the code for:
- every registered code agency;
- every person referred to in s. 15.11(5) (designers) and s. 15.11(6.1) (building condition evaluators); and
- other persons specified in the code who construct buildings.
Builders and vendors under the New Home Construction Licensing Act, 2017 are exempt in respect of the construction of a building (s. 15.13(2)). In Division C, registration under 3.2.4.2. (designers in business with the public) and under 3.4.3.2. (RCAs) requires the insurance in Subsection 3.6.2.; the policy details there are not on this exam's syllabus list.
Like s. 15.12(3), s. 15.13(5) creates a pre-start duty: if part of the construction will be undertaken by a person required to have insurance, no one may begin or continue construction until the CBO has the prescribed information about that person and their coverage.
(Subsections 15.13(3) and (4), on misrepresenting coverage and on insurance as a qualification, are outside this exam's syllabus list.)
How a CBO uses these sections
| Situation | Provision | CBO action |
|---|---|---|
| Designer on a permit application lacks the required registration | s. 8(2)(c), s. 15.11(5) | refuse the permit, giving all reasons |
| Design by a licensed professional engineer, no BCIN | s. 15.11(8) | accept; the designer rule does not apply |
| Septic installer not identified before work | s. 15.12(3), Div. C 1.3.5.4. | work may not begin; request the prescribed information |
| Appointing a new inspector | s. 15.11(3), Div. C 3.1.4.1. | confirm registration in the right class before appointment |
| Inspector given plumbing CBO powers | s. 15.11(2) | must meet CBO-level qualifications for those powers |
Division C 1.5.1.1. adds enforcement help: the director and designated Ministry staff are "designated persons" who enforce the Act and code in relation to the qualifications of CBOs, inspectors, RCAs, designers and sewage businesses. They may use certain CBO and inspector powers for that purpose (chapter 11).
Worked scenarios
Retired engineer. A person who once held a professional engineer licence but no longer does prepares house drawings for a client. Section 15.11(8) protects only a holder of a licence or certificate, so the person needs designer qualifications under the code unless a Division C exemption applies.
Septic company sends a new crew. A registered installer sends a different supervisor than the one named. The CBO should be told about the person who will supervise on site, as Division C 1.3.5.4. describes, before construction continues.
New home builder. A licensed builder under the New Home Construction Licensing Act, 2017 builds a subdivision. Section 15.13(2) removes the s. 15.13(1) insurance duty in respect of that construction, but any outside design firm it hires must still meet its own designer insurance requirement.
Common traps
- Section 15.11 speaks of eligibility "to be appointed": an unqualified person cannot validly be appointed.
- The architect and engineer exemption covers designer qualifications and evaluator qualifications, not CBO or inspector qualifications.
- Septic registration applies to people in the business, including those who only clean or empty systems (subject to the Division C 3.3.3.1.(3) exemption for cleaning and emptying by holders of an environmental approval for that work).
- Insurance under s. 15.13(1) covers RCAs and designers, not CBOs or municipal inspectors.
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 chief building officials, inspectors and others
The designer rule in s. 15.11(5) covers two activities.
- Sewage system qualifications
Subsection 15.12(3) creates a pre-start duty: if part of the construction will be done by such a "specified person", no one may begin or continue building the sewage system until…
- Insurance
Builders and vendors under the New Home Construction Licensing Act, 2017 are exempt in respect of the construction of a building (s. 15.13(2)).
- How a CBO uses these sections
Division C 1.5.1.1. adds enforcement help: the director and designated Ministry staff are "designated persons" who enforce the Act and code in relation to the qualifications of…
Usual exam traps
- Section 15.11 speaks of eligibility "to be appointed": an unqualified person cannot validly be appointed.
- The architect and engineer exemption covers designer qualifications and evaluator qualifications, not CBO or inspector qualifications.
- Septic registration applies to people in the business, including those who only clean or empty systems (subject to the Division C 3.3.3.1.(3) exemption for cleaning and emptying by holders of an…
- Insurance under s. 15.13(1) covers RCAs and designers, not CBOs or municipal inspectors.
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.