Regulation - Minister

Regulations Under the Building Code Act, 1992

Regulation Number(s):
Ontario Regulation 332/12 (Building Code)
Bill or Act:
Building Code Act, 1992
Summary of Decision:
O. Reg. 332/12 (Building Code) made under the Building Code Act, 1992 was amended by O. Reg. 191/14 - (Building Code) made under the Building Code Act, 1992.

O. Reg. 191/14 (Building Code) made under the Building Code Act, 1992 came into force on January 1, 2015.
Further Information:
Proposal Number:
14-MAH009
Posting Date:
July 31, 2014
Summary of Proposal:
On July 14, 2014, Bill 14, the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 was introduced in the Ontario Legislature. The Bill was passed and received Royal Assent on July 24, 2014.

Schedule 3 of the Act amended the Building Code Act, 1992 (BCA) to establish the requirement for professional design of buildings within the Building Code Act, 1992. The amendments are currently in effect.

The amendments to the BCA are intended to complement the requirements of the Architects Act and the Professional Engineers Act in order to promote the safe construction of buildings. They are not intended to affect the authority of the Association of Architects (OAA) or the Professional Engineers of Ontario (PEO).

The amendment added a requirement to the BCA which provides that, where the Architects Act or the Professional Engineers Act requires that an architect or an engineer design a building, a Chief Building Official can refuse to issue a building permit if the building has not been designed by the required professional.

The Ministry of Municipal Affairs and Housing (MMAH) is proposing amendments to Ontario Regulation 332/12 (Building Code) under the BCA. The purpose of the proposed amendments would be to promote the safe design of buildings by appropriate professionals, by reintroducing requirements that certain types of smaller buildings (e.g., certain foundations, projecting signs, shelf and rack storage systems) be designed by an architect or a professional engineer or a combination of both.

MMAH is proposing the following amendments to the Building Code regulation:

1. Amending various provisions of the Design requirements in Division C of the Building Code to replace the phrase "by a suitably qualified and experienced person" with, as the context requires, a reference to either a professional engineer or an architect, professional engineer or a combination of both.
2. Consequential changes to the General Review requirements of the Building Code.

Consideration may also be given to aligning the definition of "professional engineer" in the Building Code with the classes of licences set out in the Professional Engineers Act.
Contact Address:
Chris Thompson
Manager
Building Code Policy Development Unit
Building and Development Branch
Municipal Services Division
Ministry of Municipal Affairs and Housing
416-585-7092
777 Bay Street, 2nd Floor
Toronto, Ontario
M5G 2E5
Effective Date:
January 1, 2015
Decision:
Approved