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1. REPAIRING OF EXISTING SEWAGE SYSTEMS:

Code Requirements:⁽¹⁾




11.3.1.1. Material Alteration or Repair of a Building System



(1) Where an existing building system is materially altered or repaired, the performance level of the building after the
      material alteration or repair shall be at least equal to the performance level of the building prior to the material alteration or repair.

In cases where a sewage system is repaired, Part 11 of the Code permits such repair be carried out even if the sewage system is not in compliance with the current Code requirements related to the design and construction of sewage systems. Replacement of defective parts such as broken pipes, a damaged header or a distribution box, etc. may be considered as a "repair". The performance level of the sewage system after the repair must exceed or at least match the performance level of the sewage system before the repair. While the design and construction criteria of the current Code may not apply to the sewage system that is under repair, the operation and maintenance requirements of the current Code would apply to the sewage system after the repair is complete. In other words, the Code does not permit the repair of a sewage system to maintain the original performance level where, after the repair, the operation of the sewage system would not meet the criteria stipulated in Section 8.9. of the Code.

2. REPLACEMENT OF EXISTING SEWAGE SYSTEM:

Code Requirements:⁽¹⁾




11.3.1.2. New Building Systems and Extension of Existing Building Systems

(1) Except as provided in Article 11.3.3.1. and Section 11.5., the design and construction of a new building system or the extension of an existing building system, shall comply with all other Parts of the Code.




11.5.1.1. Compliance Alternatives

(1) A compliance alternative shown in Tables 11.5.1.1.A., 11.5.1.1.B., 11.5.1.1.C., 11.5.1.1.D/E. or 11.5.1.1.F. may be substituted for a       requirement contained in Part 3, 4, 5, 6, 7 or 8 where the chief building official is satisfied that compliance with the requirement is       impracticable because,

(a) of structural or construction difficulties, or

(b) it is detrimental to the preservation of a heritage building.




11.5.2. Alternative Measures




11.5.2.1. Alternative Measures

(1) An alternative measure may be utilized where the chief building official is satisfied that

(a) compliance with the requirement of Part 3, 4, 5, 6, 7, 8 or 9 of the Code or with the compliance alternative, as the case may be, is impracticable because

• of structural or construction difficulties, or
• it is detrimental to the preservation of a heritage building, and

(b) the performance level of the building after the use of the alternative measure shall not be less than the performance level of the building prior to construction.





⁽¹⁾ This information is provided for convenience only. For accurate reference, recourse should be had to the official volumes (Regulations.)

It is the opinion of the Housing Development and Buildings Branch that when a new sewage system is constructed to replace an existing one, the design and construction of the new sewage system must comply with the requirements of Part 8 of the Ontario Building Code. However, Section 11.5 of the Code may be considered when complete compliance with the current Code requirements is either not possible, or is impractical. For example, compliance with the clearance requirements stipulated in Part 8 of the Code may not be possible in some cases due to lot limitations. In such cases, and provided that specific conditions are met, the Chief Building Official (CBO) is under Article 11.5.1.1. of the Code given the authority to accept the existing clearances.

The CBO may also permit the use of alternative measures to address other limitations stipulated in Article 11.5.2.1. The new technologies and alternative systems that are currently approved or authorized for use in the province can provide more flexibility to the CBO in considering the use of alternative measures to address site difficulties.

In conclusion, when an existing sewage system is entirely replaced, the new sewage system should, subject to Section 11.5, comply with the requirements of the current Code.

3. REPLACEMENT OF MAJOR COMPONENT OF AN EXISTING SEWAGE SYSTEM:

The determination of whether proposed construction should be considered as a "repair" or a "replacement" will depend on the specific facts of each case. Relevant factors in making this determination might include: (1) the existing condition of the sewage system and whether or not it is considered "unsafe" within the meaning of s.15(2.1) of the Building Code Act, 1992 (BCA); and (2) the potential impact of the proposed construction on the health and safety of people and the environment if the sewage system was permitted to maintain its existing performance level.

It is the opinion of the Housing Development and Buildings Branch that the replacement of a major component of an existing sewage system may be viewed as a "repair" provided that: (1) the performance level of the sewage system after the repair is at least equal to the performance level of the sewage system prior to the repair; and (2) the repair of such system will not create an "unsafe" condition or permit an "unsafe" condition to continue.

In cases where the construction in respect to the sewage system will create an "unsafe" condition or permit an "unsafe" condition to continue, the construction cannot be carried out to match the existing performance level. Rather, the sewage system should be considered as "unsafe" and corrective measures necessary to render the system safe shall be determined by the CBO. This will generally result in the replacement of the sewage system to current requirements of the Code.

The following are the provisions of the BCA that address "unsafe" buildings:

BCA Requirements:⁽¹⁾

15. (1) Inspection of Unsafe Buildings. An inspector may enter upon land and into buildings at any reasonable time without a           warrant for the purpose of inspecting a building to determine,

(a) whether the building is unsafe; or

(b) whether an order made under subsection (3) has been complied with.

       (2) Interpretation. A building is unsafe if the building is,

(a) structurally inadequate or faulty for the purpose for which it is used; or

(b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons      outside the building or persons whose access to the building has not been reasonably prevented.





        (2.1) Sewage Systems. In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not

      maintained or operated in accordance with this Act and the building code.

• Order. An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order.

⁽¹⁾ This information is provided for convenience only. For accurate reference, recourse should be had to the official volumes (Act)

________________________________

Ali Arlani,
Manager
Code Development & Training Section
Housing Development & Buildings Branch
Issued: January 8, 2001