CONSTRUCTION REQUIREMENTS FOR FOOD PREMISES
ONTARIO REGULATION 593/99
O. Reg. 593/99 has amended the 1997 OBC by consolidating certain construction
related requirements, from the Food Premises Regulation (Regulation 562
made under the Health Protection and Promotion Act), into the OBC.
The following changes have been made to the OBC by O. Reg. 593/99:
1. The term food premise
has been defined in Part 1.
The definition of food premise is based on the definition contained
in the Food Premises Regulation (Regulation 562) and consolidates the exemptions
listed in Section 2.(1) of that regulation.
2. A new Subsection 3.7.6., titled Food
Premises, has been added in Part 3.
This subsection contains the construction related requirements that
were in the Food Premises Regulation (Regulation 562). This subsection
contains requirements for:
room finishes (Article 3.7.6.2.)
location of plumbing fixtures (Article 3.7.6.3.)
lavatories, appliances and sinks (Article 3.7.6.4.)
hot and cold water supply (Article 3.7.6.5.)
employee facilities (Article 3.7.6.6.)
sleeping quarters (Article 3.7.6.7.)
3. The provisions of Article 3.7.4.15. of the
OBC have been relocated to Article 3.7.6.3.
4. A new Sentence 9.1.1.6.(1) has been added
to require food premises within Part 9 buildings to conform to Subsection
3.7.6.
O. Reg. 593/99 comes into force on March 5, 2000.
INTENT
The intent of this amendment is to consolidate construction related requirements
for food premises into the Ontario Building Code.
The consolidation of the construction related requirements into the
OBC is not intended to introduce new additional technical requirements
beyond those that already existed in either the OBC or the Food Premises
Regulation prior to this consolidation.
QUESTIONS & ANSWERS
1. Which food handling premises are excluded
from the OBC's definition of food premise?
According to the new definition, the following are excluded from the
definition of food premises:
private residences
-
boarding houses that provide meals for fewer than 10 boarders
-
certain camps in unorganized territory, as described in Regulation 554
-
certain recreational camps, as described in Regulation 568
-
plants required to be operated under a licence pursuant to the Milk Act.
This will continue the previous practice whereby the Ministry of Agriculture,
Food, and Rural Affairs has the responsibility for enforcement of health
related construction requirements of these buildings.
-
plants required to be operated under a licence pursuant to the Meat Inspection
Act. This will continue the previous practice whereby the Ministry of Agriculture,
Food, and Rural Affairs has the responsibility for enforcement of health
related construction requirements of these buildings.
-
egg grading and processed egg stations required to be operated under a
licence pursuant to the Livestock and Livestock Products Act. This will
continue the previous practice whereby the Ministry of Agriculture, Food,
and Rural Affairs has the responsibility for enforcement of health related
construction requirements of these buildings.
-
floor areas occupied by church, service club and fraternal organizations
for the purpose of
-
preparing meals for special events for their members and personally invited
guests or
-
conducting bake sales
-
farm buildings
2. Which farm buildings are excluded from
OBC's definition of food premise?
All farm buildings are exempted from the OBC's definition of food
premise. A farm building is a term defined in Part 1 of the
OBC as follows:
Farm building means a building
or part thereof which does not contain a residential occupancy and
which is associated with and located on land devoted to the practice of
farming and use essentially for the housing of equipment or livestock,
or the production, storage or processing of agricultural and horticultural
produce or feeds.
According to Appendix A of the consolidated OBC, farm buildings
include, but are not limited, to:
-
produce storage and packing facilities
-
livestock and poultry housing
-
milking centres
-
manure storage facilities
-
grain bins, silos & feed preparation areas
-
farm workshops
-
greenhouses
-
farm retail centres
-
horse riding, exercising and training facilities
3. If it is intended that a facility that
serves food or drink is rented out to non-members of a church, service
club or fraternal organization, do the requirements of Subsection 3.7.6.
apply to it?
Exemption (g) in the definition of food premise exempts a floor area
occupied by a church, service club or fraternal organization for the purpose
of
-
preparing meals for special events for their members and personally invited
guests or
-
conducting bake sales.
If the floor area is intended to be occupied by a particular organization
is rented out to non-members, it is no longer exempted from the definition
of a food premise. Therefore, the facility would likely fall
within the definition of a food premise.
4. In Sentence 3.7.6.4.(2) of the OBC, why
is it not mandatory to provide mechanical equipment or sinks for the cleaning
and sanitizing of utensils?
The purpose of Subsection 3.7.6. is to address construction requirements.
This subsection does not deal with the operation or maintenance requirements
of a food premise. The question of how, or whether, utensils need to be
cleaned and sanitized depends on the operation of a food premise.
Therefore, once it is determined that equipment and facilities for the
cleaning and sanitizing of utensils are required, then the requirements
of Sentence 3.7.6.4.(2) become applicable to the construction of the building.
___________________________________
Ali Arlani
Code Development & Training Section
Housing Development & Buildings Branch
Issued: March 5, 2000
|
