Introduction

The Building Code Act, 1992 (the Act) is the legislative framework governing the construction, renovation and change of use of buildings.  The Building Code is a regulation authorized by the Act, and sets out detailed administrative and technical requirements.

The purposes of the Building Code are set out in s. 34(5) of the Act.   These include: establishing standards for public health and safety, fire protection, structural sufficiency, conservation and environmental integrity, and barrier-free accessibility with respect to buildings.

Ontario’s buildings are safe and the quality of its drinking water is good.  However, the government believes that building safety and water quality can be improved.  As a result, the Ministry of Municipal Affairs and Housing (the Ministry) is seeking your views on a number of proposed changes to the Building Code.  These changes would enhance the fire safety of Ontarians living and working in residential buildings.  The changes would also further protect Ontario’s drinking water by improving the performance of existing on-site sewage systems, including septic systems.

This paper sets out proposed changes to the Building Code, their rationale, the way you can offer your views on the content and timing of these proposals.
Please note, the proposals contained herein do not represent final government policy and your views will be considered before the government makes final decisions on the proposed residential fire sprinkler and on-site sewage system amendments to the Building Code.
 
A Consultation on Residential Fire Sprinklers and On-site Sewage Systems:

The government is proposing to make changes to the Building Code that would:

• Require fire sprinklers in multiple-unit residential buildings over three storeys in height;
• Introduce administrative requirements to support the maintenance (or re-inspection) of existing on-site sewage systems; and
• Establish technical requirements regulating tertiary treatment unit disposal beds (“area beds”) that form part of certain on-site sewage systems.

The Ministry is currently undertaking a consultation to seek public input regarding the content and timing of these potential changes.  You are encouraged to participate in this important Code development process.

This paper provides an overview of what Building Code amendments are being proposed and why.  The paper also presents the proposed amendments for your review and comment.

In order to help you prepare a response to this consultation, a number of considerations are noted at the end of this paper that serve as a guide to focus on some of the issues at hand. 

This paper also outlines a number of ways to submit your comments including the Internet, e-mail, surface mail and facsimile.  Comment Forms are provided in this paper, however, you are free to submit additional material in a manner that best allows you to express your views on the proposed Building Code amendments.

This consultation and the comments received will help guide the development of the proposed residential sprinkler and on-site sewage system Building Code amendments.

Purpose of the Consultation Paper

The purpose of this consultation paper is:

• To inform you about what changes are being proposed to the Building Code and why they are being proposed; 
• To ensure the involvement of the public and Code users including, builders, installers, manufacturers/suppliers, designers, enforcement officials, and property owners in helping to update the Building Code; and
• To learn your views on the content and timing of proposed residential fire sprinkler, on-site sewage system re-inspection and area bed amendments to the Building Code.

The development and evolution of the Building Code has historically depended on the support and involvement of our partners.

What Happens to the Comments?

After you have provided your comments, the Ministry will forward the proposed amendments and all comments to its Building Code Technical Advisory Committees (TACs).  TACs, comprised of broad, balanced and independent representation of industry technical experts, will review the proposed amendments and all comments.  TACs will then make recommendations to the Ministry on the proposed amendments, including whether they should proceed as originally proposed or undergo revision.
 
Building Regulation in Ontario

The Building Code Act, 1992 (the Act) sets out the legislative framework governing the construction, renovation and change of use of buildings.  The Building Code is a regulation made under the Act and sets out technical and administrative requirements.
Enforcement of the Act and Building Code is the responsibility of principal authorities (municipalities, conservation authorities and health units). 

The purposes of the Building Code are:

• To establish standards for public health and safety, fire protection, structural sufficiency, conservation and environmental integrity, and to establish barrier-free requirements, with respect to buildings; and
• To establish processes for the enforcement of these standards.
  The Building Code does not establish standards for fire safety requirements for existing buildings.  Fire safety in existing buildings is regulated through the Fire Code, which is a regulation made under the Fire Protection and Prevention Act, 1997 (FPPA).  Both the Fire Code and FPPA are administered by the Ministry of Community Safety and Correctional Services.
  

Code Development in Ontario

Ontario contributes to the Canadian Federal/Provincial/ Territorial code development process, and Ontario’s Building Code is harmonized to a large degree with the model National Building Code of Canada (mNBC).  However, there are some areas in which Ontario has chosen to pursue other policy priorities.  For example, Ontario has specific standards for rapid transit stations, energy efficiency, water conservation and on-site sewage systems – which are not addressed in the mNBC.  Ontario also has Code standards for barrier-free accessibility that are higher than those in the mNBC.

A new version of Ontario’s Building Code is developed approximately every five years. The current Code came into effect in 2006.  It is anticipated that the next edition of the Building Code will be released in 2010-11, following the expected release of the next mNBC in 2010.

Ontario’s Code is, however, subject to interim amendments between releases of new versions.  The present consultation proposes interim changes to the 2006 Building Code.

Please note, the proposals contained herein do not represent final government policy and your views will be considered before the government makes final decisions on the proposed residential fire sprinkler and on-site sewage system amendments to the Building Code.

Part  2 - Residentail Fire Sprinklers