If you are not aware of the upcoming changes to the “Ontario Building Code Act” and you provide services to your customers such as deck design, housing take-offs or any projects that you may be giving advice on that require a building permit, you had better start preparing for the changes.

Effective January 1, 2006, the” Ontario Building Code Act” is being amended through BILL 124 to require those persons who provide advice and/or design work for projects that require a building permit be qualified to “Ministry of Municipal Affairs and Housing” standards. These persons will be required to take a certification course and exam. This can be any project from a deck to a pole barn to a complete housing package.

The Ministry definition for Qualifications of a designer is:

Section 15.11 (5) of the Building Code Act:

(5) A person or entity 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. 2002, c. 9, s. 27.

(6) In subsection (5), “design” includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building. 2002, c. 9, s. 27.

How Will This Impact Your Business?

It would appear that based on the above criteria, most building supply retailers will have to conform to the act and ensure that they have qualified persons working with their customers on providing advice and/or design work on virtually anything that requires a building permit. The Ministry has in place a mechanism for testing and qualifying designers and there are different categories of designers.

The LBMAO will be reviewing the policy and will keep our members posted. Local construction associations and suppliers of products such as engineered flooring have already started to prepare their customers for this change.

You, as a building supply retailer, must ensure that you have qualified people in your stores if you provide those services as described in the act. Due Diligence is becoming an important factor in managing your business today and the inspectors do not accept the excuse - “I WASN’T AWARE OF THE CHANGES”.

It should be noted that individuals applying for a building permit who have done their own design work, are not required to have the certification. It is also not clear whether you as a building supply retailer who has only supplied materials for the project would be at risk of liability under the act. The Ministry has not provided clarification on this point in the act.

As well as being certified, the Ministry also has mandated that businesses have insurance to cover for mistakes. This type of policy is called “Errors and Omissions Insurance”. You should check your general business insurance policy to determine if you have a clause or rider for this. If not, then you will be required to have it in place.

It would be prudent for you to contact your local municipal authority and/or building inspector to qualify their responsibility and their implementation policy on these changes.

The intended purpose of the Building Code Act changes is to ensure that those persons who are providing information, advice and design work have a full knowledge of the building code including local or regional amendments.

You can review the act and changes at the following website: www.obc.mah.gov.on.ca

TESTING FOR DESIGNER DESIGNATION

Employees and/or owners who wish to take the test on the building code to obtain their designation as a “Designer” can apply to take the test with the Ministry of Housing. Simply go to the ministry website and, under the drop down menu called “Qualifications and Registration”. click on “Designers”. This will list the several options including a sample of the test. The MOH has advised that the courses that are most appropriate for a building supply retailer would be “The House 2003” and the “General Legal / Process for Inspectors and Designers” however you should review the descriptions of the other courses such as “Small Buildings” to determine if they would apply to your own business. A listing of testing locations and the dates available are listed on this page.

TRAINING TO OBTAIN YOUR DESIGNER DESIGNATION

The test to obtain your “Designer Designation” requires a thorough knowledge of the Ontario Building Code. If you wish to take appropriate training and courses to upgrade your knowledge of the code as it applies to Bill 124, there are 2 options available to you.

1. Self Study Courses
Self Study manuals are available from the MOH publisher ORDERLINE. These courses have been designed to teach and test applicants on the different syllabus’s and categories available from the MOH. Order information on the Ontario and National Building Codes, Electrical, Plumbing and Fire Codes is also available form ORDERLINE. Again, the self study courses most Building Supply Retailers would be advised to take are “The House 2003” and “General Legal / Process for Inspectors and Designers”.

2. Authorized Training Agencies The MOH has established a network of “Authorized Training Agencies” to provide comprehensive training courses on all aspects of the Building Code including the course required to obtain “Designer Designation”. A list of these agencies is available on the MOH website under the drop down menu titled “Training” and then “Authorized Delivery Agencies”. Many of the colleges throughout Ontario provide such courses and you can register directly with them to apply to take a course.

INSURANCE REQUIREMENTS TO OBTAIN DESIGNER DESIGNATION

The MOH requires that “Designers” have Liability Insurance in place prior to issuing the “Designers” certification. If the retailer is providing advice on decks only, this insurance requirement is not applicable. Most Building Supply Retailers provide either verbal or written advice for other projects such as additions, garages, houses and/or farm buildings that would require appropriate insurance coverage. Information on those insurance carriers that provide coverage for "non-designated designers" is available on the MOH website.

CONTACT INFORMATION RE BILL 124 REQUIREMENTS

Ministry of Housing, Building Code www.obc.mah.gov.on.ca
ORDERLINE www.orderline.ca

The LBMAO will provide updated information on our website on the requirements and changes to Bill 124.