FIRE SPRINKLERS AND ON-SITE SEWAGE SYSTEMS
INTRODUCTION
1. What changes are being proposed to the Building Code?
The Building Code Act, 1992 identifies “public health and safety”, “fire protection”, and “environmental integrity” with respect to buildings as being among the purposes of the Building Code. These purposes are the basis for the Building Code’s regulation of fire sprinklers, as well as small on-site sewage systems.
The proposed changes to the Building Code would require the mandatory spinklering of new, multiple-unit residential buildings greater than three storeys in height.
The proposed amendments would also establish a framework for inspecting on-site sewage systems to ensure they are being properly maintained. Inspections would be required in some cases and discretionary in others. The proposed amendments include administrative requirements such as the type, manner and frequency of inspections, qualifications of inspectors, and use of third party certification. Other proposed on-site sewage system amendments would establish technical requirements regulating tertiary treatment unit disposal beds (“area beds”) that form part of certain on-site sewage systems.
2. Where can I learn more about this Consultation? How can I become involved?
A Consultation Paper (including comment form) is available from the Building Code website at www.ontario.ca/buildingcode . Paper copies are also available by calling 416-585-6753. Interested persons are encouraged to attend information sessions that will be held in late March and early April across the Province. The locations, dates and times of these sessions will be posted in the aforementioned Building Code website. In addition, comments regarding the proposed changes may be submitted to the Building Code website.
3. What is the deadline for submitting comments?
Comments may be submitted until May 1, 2008.
SPRINKLERS
4. Why is the government proposing these changes?
Ontario’s Code provides an excellent level of fire safety. Residential fire deaths in Ontario have declined steadily since the Code was introduced in 1975 and Ontario has one of the lowest rates of residential fire deaths in Canada. However, Ontario’s new large residential buildings could be even safer from fire.
5. Is this approach similar to other jurisdictions in Canada?
The potential changes would generally harmonize Ontario’s Code with the model National Building Code (mNBC), which presently requires sprinkler protection in new multiple-unit residential buildings greater than three storeys in height. Other provinces and territories follow the mNBC’s approach to fire safety.
6. If the potential changes are approved, will there be a transition period to phase in the new requirements?
Yes. The Building Code requirements related to residential sprinklers would come into force on September 1, 2009.
This timeline is intended to give industry a chance to build the necessary capacity to implement the proposed regulations, and to allow time for appropriate training for installers, designers, and enforcement officials.
This timeline also takes into account projects currently in the design stage so that redesign costs are minimized. The longer phase-in period reduces the impact on multiple-unit residential buildings since this period reduces the chance that condominium units that have already been sold at a certain price would be affected by the proposed changes.
7. As a result of adding sprinklers regulations, will there be other changes to the Building Code?
Yes. As a result of the proposed mandating of residential fire sprinklers, other changes are proposed to generally coordinate Ontario’s fire safety requirements with those of the model National Building Code.
ON-SITE SEWAGE SYSTEMS
8. Why is the Government proposing these changes?
The proposed amendments to the Building Code concerning maintenance inspections of on-site sewage systems would support the Clean Water Act, 2006, which included complimentary amendments to the Building Code Act, 1992.
The Clean Water Act was introduced following Justice O’Connor’s Walkerton Inquiry report. The purpose of the Clean Water Act is to protect drinking water supplies. This legislation permits communities to protect their municipal drinking water supplies by creating local multi-stakeholder committees that are required to develop collaborative, locally driven, science-based protection plans. These committees will identify potential risks to local water sources and identify actions to be taken to reduce or eliminate these risks. Among other matters, Justice O’Connor’s report identified improperly installed and poorly maintained septic systems as a potential threat to drinking water.
9. If the potential changes are approved, will there be a transition period to phase in the new requirements?
The Building Code requirements related to discretionary maintenance inspection programs are proposed to come into force on January 1, 2009.
The required programs will not be in force until a source protection plan for a given area is approved by the Minister of the Environment. The plans are required under O. Regulation 285/07 made under the Clean Water Act, 2006, and are anticipated to be submitted to the Minister of the Environment by 2012.
10. What areas are subject to required programs? What areas are subject to discretionary programs?
It is proposed that required maintenance inspection programs would apply to sewage systems located in prescribed areas. These areas are anticipated to be a subset of the "vulnerable areas" identified in an assessment report included in a source protection plan subject to posting on the environmental registry in accordance with section 30 of Clean Water Act, 2006. The method of delineating these areas will be set out in future technical rules under the Clean Water Act, 2006.
Where a principal authority has established a discretionary maintenance inspection program, the program must apply to all sewage systems in the area of jurisdiction of the principal authority, except in areas where a required inspection program applies.
For further information about the Clean Water Act, 2006, please contact The Ministry of the Environment at "Ask the Expert" at source.protection@ontario.ca .
11. What types of sewage systems would be affected by this proposed change?
All classes of sewage systems currently regulated by the Building Code will be affected by the proposed changes relating to maintenance inspection programs.
12. Who would enforce required and discretionary inspection programs?
It is proposed that both required and discretionary programs will be enforced by principal authorities. Depending on location in the Province, the principal authorities responsible for on-site sewage systems enforcement would be a municipality, public health unit, or conservation authority.
13. What qualifications must be fulfilled by inspectors appointed by the enforcement body?
Inspectors who inspect on-site sewage systems must pass Ministry examinations related to the on-site sewage requirements of the Building Code. It is proposed that the Building Code be amended to allow inspections to be carried out by persons who have not passed examinations if they do not issue orders and they operate under the supervision of a person who is qualified under the Building Code.
14. Are Principal Authorities required to conduct the inspections?
Under the Building Code proposals principal authorities have the choice of conducting inspections or accepting third-party certifications in place of inspections. Third-party certification would confirm that a sewage system has been inspected and found to comply with the applicable Building Code standards. It is proposed that designers or on-site sewage systems installers registered under the Building Code may sign certificates of inspection.
15. How will conflict of interest issues be addressed?
It is proposed that any person who has participated in the design or construction of the sewage system cannot sign a third-party certificate. Also, a person who is an elected official, employee or officer of a principal authority could not sign a certificate.
16. What is an area bed?
Area beds are a type of soil absorption system used in conjunction with an on-site sewage system that includes a tertiary treatment unit listed in the supplementary standards (SB-5) to the Building Code. Area beds are designed to further treat and disperse effluent within the soil. They are comprised of a stone layer situated on top of a sand layer and may be installed in or on soil.
17. Why is the government proposing to put standards for area beds in the Code?
The Building Code does not presently contain specific requirements relating to the design and construction of area bed systems. The Ministry is proposing to establish area bed requirements in the Building Code.
If you have any questions about this consultation please contact James Douglas, Manager, Code Development, Legislative and Appeals, Building and Development Branch at 416-585-7174.