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O. Reg. 23/04: BUILDING CODE

filed February 20, 2004 under Building Code Act, 1992, S.O. 1992, c. 23

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ontario regulation 23/04

made under the

building code Act, 1992

Made: February 18, 2004
Filed: February 20, 2004
Printed in The Ontario Gazette: March 6, 2004

Amending O. Reg. 403/97

(Building Code)

1. (1) Sentence 3.1.5.16.(1) of Ontario Regulation 403/97 is revoked and the following substituted:

(1) Combustible plumbing fixtures are permitted in a building required to be of noncombustible construction if they are constructed of material having a flame-spread rating and smoke developed classification permitted in Subsection 3.1.13.

(2) Article 3.1.13.3. of the Regulation is revoked and the following substituted:

3.1.13.3. Bathrooms and Plumbing Fixtures

(1) The flame-spread rating of interior wall and ceiling finishes for a bathroom in a suite of residential occupancy shall be not more than 200.

(2) Plumbing fixtures shall have a flame-spread rating not more than 200. 

(3) Article 3.1.13.7. of the Regulation is amended by adding the following Sentences:

(4) Except as permitted in Sentences (5) to (7), plumbing fixtures in a building regulated by the provisions of Subsection 3.2.6. shall have a smoke developed classification not more than 300.

(5) A plumbing fixture that is not located in a Group B occupancy need not comply with Sentence (4) if the building is sprinklered.

(6) A plumbing fixture may have a smoke developed classification more than 300 but not more than 500 if

(a) it is in a room where the wall surfaces have a smoke developed classification not more than 200, and

(b) it is located in,

(i) a Group C occupancy, or

(ii) a Group B occupancy and the building is sprinklered.

(7) A therapeutic bathing system in a Group B occupancy need not comply with Sentence (4) if the room in which it is located,

(a) does not open directly into patients’ or residents’ sleeping rooms, and

(b) is sprinklered.

2. Sentence 3.7.4.17.(1) of the Regulation is revoked and the following substituted:

(1) A water distribution system supplying hot water to plumbing fixtures shall conform to the requirements in Subsection 7.6.5.

3. Article 7.2.10.7. of the Regulation is revoked and the following substituted:

7.2.10.7.  Reserved

4. Section 7.6. of the Regulation is amended by adding the following Subsection:

7.6.5. Water Temperature Control

7.6.5.1. Maximum Temperature of Hot Water

(1) Except as provided in Sentences (2) and 7.6.5.3.(1), the maximum temperature of hot water supplied by fittings to fixtures in a residential occupancy shall not exceed 49°C. 

(2) Sentence (1) does not apply to hot water supplied to installed dishwashers or clothes washers.

7.6.5.2.  Showers

(1) Except as provided in Sentence (2), all shower valves shall be pressure-balanced or thermostatic-mixing valves, conforming to CAN/CSA-B125, “Plumbing Fittings”.

(2) No pressure-balanced or thermostatic-mixing valve is required for a shower if the hot water supply for the shower is controlled by a master thermostatic-mixing valve conforming to CAN/CSA-B125, “Plumbing Fittings”.

(3) Pressure-balanced or thermostatic-mixing valves shall be

(a) designed so that the outlet temperature does not exceed 49°C, or

(b) equipped with high-limit stops and adjusted to a maximum hot water setting of 49°C.

7.6.5.3. Temperature Control Devices

(1) A water distribution system supplying hot water to any bathtub, shower or hand basin that is accessible to a patient or resident in a Group B, Division 2 or 3 occupancy or a resident of a group home, home for special care or residence for developmentally-handicapped adults shall have one or more temperature gauges and control devices that are

(a) accessible only to supervisory staff, and

(b) capable of being adjusted to ensure that the temperature of the water supplied to the fixtures does not exceed 49°C.

5. Sentence 9.31.4.3.(2) of the Regulation is revoked and the following substituted:

(2) A water distribution system supplying hot water to plumbing fixtures shall conform to the requirements in Subsection 7.6.5. 

6. Section 12.1. of the Regulation is amended by adding the following Subsection:

12.1.5. Transition, September 2004

12.1.5.1. Transitional Rule

(1) Subject to Sentence (2), this Code as it reads on August 31, 2004 is deemed to continue in force with respect to construction

(a) for which a permit is issued before September 1, 2004, or

(b) for which the working drawings, plans and specifications are substantially completed before September 1, 2004 and for which an application for a permit is made before December 1, 2004 under this Code as it reads on August 31, 2004.

(2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued.

7. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 2, 3, 4 and 5 come into force on the later of September 1, 2004 and the day this Regulation is filed.