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Values this chapter turns on
- minimum RCA insurance per claim
- $1,000,000
- minimum RCA insurance per claim
- minimum RCA insurance in the aggregate
- $2,000,000
- minimum RCA insurance in the aggregate
- for an unsafe building: structural or hazardous
- 2 tests
- for an unsafe building: structural or hazardous
- of people whose safety the hazard test protects
- 3 groups
- of people whose safety the hazard test protects
This chapter covers three short pieces of the Act. First, what makes a building "unsafe" (s. 15.9(1) to (3) only). Second, the qualification rules in s. 15.11(4) to (8) and s. 15.12, including the rule that makes RCA registration a legal requirement. Third, the duty to carry insurance in s. 15.13. Each one connects to an RCA duty in Division C, which is how exam questions tend to frame them.
Out of scope: s. 15.9(4) onward, s. 15.10 and 15.10.1, s. 15.11(1) to (3) (CBO and inspector qualifications) and s. 15.13(2).
Inspection of unsafe buildings (s. 15.9(1) to (3))
BCA s. 15.9(1)BCA s. 15.9 Inspection of unsafe buildings(1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine, (a) whether the building is unsafe; or (b) whether an order made under subsection (4) has been complied with. (2) A building is unsafe if the building is, (a)…: "An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine, (a) whether the building is unsafe; or (b) whether an order made under subsection (4) has been complied with."
Notice the power belongs to an inspector. Section 15.17(3) lists the inspector powers that persons authorized by an RCA may use (s. 12, 13, 16 and 18). Section 15.9 is not on that list, so an RCA cannot make unsafe building orders. What it must do is tell the CBO (Division C 3.7.6.3.(5), chapter 12).
Section 15.9(2) definition: a building is unsafe if it is
- (a) "structurally inadequate or faulty for the purpose for which it is used"; or
- (b) "in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented."
Section 15.9(3) adds a sewage system test: a sewage system is also unsafe "if it is not maintained or operated in accordance with this Act and the building code."
| Who could be at risk under s. 15.9(2)(b) | Example |
|---|---|
| Persons in the normal use of the building | Occupants of an office with a failing guard |
| Persons outside the building | Pedestrians below loose cladding |
| Persons whose access has not been reasonably prevented | Children entering an unfenced, partly demolished structure |
RCA and designer qualifications (s. 15.11(4) to (8), s. 15.12)
BCA s. 15.11(4)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 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." Division C 3.4 sets those out: registration with the director, the RCA exam, the technical exams for each class, a quality management plan and insurance (chapter 11).
Designers, s. 15.11(5): a person needs the designer qualifications to prepare a design or give an opinion on code compliance that is to be submitted to a CBO with a permit application, a change request under s. 8(12) or (13), or a general review report, and to prepare a written general review report where the code requires general review. "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.).
| Subsection | Rule |
|---|---|
| 15.11(4) | RCA appointment needs code qualifications and requirements |
| 15.11(5), (6) | Designer qualification for permit, change and general review submissions; broad definition of design |
| 15.11(6.1) | Qualifications needed to conduct a building condition evaluation |
| 15.11(7) | No one may represent, directly or indirectly, that they have qualifications they lack |
| 15.11(8) | (5) and (6.1) do not apply to holders of a licence or certificate under the Architects Act or Professional Engineers Act |
Watch the scope of s. 15.11(8). It exempts architects and engineers from the designer and building condition evaluation rules only. There is no exemption from s. 15.11(4): an engineering firm that wants to act as an RCA must still be registered as an RCA.
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… covers the business of "constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems": qualifications and registration under the code are required, false claims are prohibited, and before construction of a sewage system by such a business, the CBO must be given prescribed information about it (s. 15.12(3)).
Duty to have insurance (s. 15.13)
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…: "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."
- RCAs are named first. Division C 3.6.2.3. sets their limits at $1,000,000 per claim and $2,000,000 aggregate, dedicated to RCA work (chapter 11).
- s. 15.13(3): no false claims of having the required insurance.
- s. 15.13(4): if the code so provides, the insurance is a qualification or requirement for a s. 15.11 position. For RCAs, Division C makes insurance a registration condition, and the director must refuse or suspend if it lapses.
- s. 15.13(5): no one may begin or continue construction until the CBO has the prescribed information about the insured specified person and the coverage.
Worked scenarios
Scenario 1. An RCA inspecting framing on a new office notices the neighbouring building's foundation has cracked badly from the excavation. The RCA cannot issue a s. 15.9 order. It must, as soon as possible, notify the CBO of the location and why it believes the building is unsafe (Division C 3.7.6.3.(5) and (7)(b)).
Scenario 2. A consulting engineering company holds a Certificate of Authorization under the Professional Engineers Act and wants to be appointed as an RCA. Its engineering licence does not help: s. 15.11(8) exempts only from s. 15.11(5) and (6.1). It needs RCA registration under s. 15.11(4) and Division C 3.4.
Scenario 3. A firm's website says "registered code agency" but its registration was revoked last month. That is a direct or indirect representation of qualifications it does not have, contrary to s. 15.11(7).
Common traps
- Assuming an RCA can declare a building unsafe. That is an inspector power under s. 15.9.
- Applying the architect and engineer exemption to RCAs.
- Forgetting the third group in s. 15.9(2)(b): people whose access has not been reasonably prevented.
- Thinking s. 15.13 insurance is optional for RCAs because Division C exempts some designers. RCAs are named in the Act itself.
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.
- Inspection of unsafe buildings (s. 15.9(1) to (3))
Notice the power belongs to an inspector.
- RCA and designer qualifications (s. 15.11(4) to (8), s. 15.12)
Designers, s. 15.11(5): a person needs the designer qualifications to prepare a design or give an opinion on code compliance that is to be submitted to a CBO with a permit…
Usual exam traps
- Assuming an RCA can declare a building unsafe. That is an inspector power under s. 15.9.
- Applying the architect and engineer exemption to RCAs.
- Forgetting the third group in s. 15.9(2)(b): people whose access has not been reasonably prevented.
- Thinking s. 15.13 insurance is optional for RCAs because Division C exempts some designers. RCAs are named in the Act itself.
Practice this chapter
Questions on Unsafe buildings and qualifications, 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. 15.9 Inspection of unsafe buildings
Open BCA s. 15.9 in the code viewer(1)An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine,
(a)whether the building is unsafe; or
(b)whether an order made under subsection (4) has been complied with.
(2)A building is unsafe if the building is,
(a)structurally inadequate or faulty for the purpose for which it is used; or
(b)in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented.
(3)In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not maintained or operated in accordance with this Act and the building code.
(4)An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order.
(5)The order under subsection (4) shall be served on the registered owner and each person apparently in possession of the building and such other persons affected by the order as the chief building official determines and a copy of the order may be posted on the site of the building in a location visible to the public.
(5.1)The prescribed form or the form approved by the Minister must be used for an order made under this section.
(5.2)A copy of an order made under this section may be,
(a)made available to the public by,
(i)posting the copy of the order on the website of the principal authority, or
(ii)allowing members of the public, during normal business hours, to inspect and copy the order at their own expense; and
(b)registered in the proper land registry office.
(5.3)If an order made under this section is registered in the proper land registry office, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served.
(5.4)When the requirements of an order described in subsection (5.2) have been satisfied, the chief building official shall register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.
(5.5)In the case of an order that has been made available to the public in accordance with clause (5.2) (a), when the requirements of the order have been satisfied, an inspector shall indicate on the copy of the order, or by such other means as may be prescribed by regulation, that the requirements of the order have been satisfied.
(6)If an order of an inspector under subsection (4) is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official,
(a)may by order prohibit the use or occupancy of the building; and
(b)may cause the building to be renovated, repaired or demolished to remove the unsafe condition or take such other action as he or she considers necessary for the protection of the public.
(7)For the purpose of clause (6) (b), the chief building official, an inspector and their agents may enter upon land and into buildings at any reasonable time without a warrant.
(8)The order under clause (6) (a) shall be served on the registered owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy of the order shall be posted on the site of the building in a location visible to the public.
(9)The order under clause (6) (a) is effective from the time it is posted.
(10)If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (6) (b) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(11)If the building is in territory without municipal organization, the amount spent on the renovation, repair, demolition or other action under clause (6) (b) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
(12)No order may be made under this section if an order may be made under subsection 15.10.3 (2) respecting the same building or part of a building and the same subject matter.
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.