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BRANCH OPINION


RE: PRIVATE SEWERS ONTARIO BUILDING CODE (OBC) ARTICLE 7.1.6.5.

The Ontario Water Resources Act (OWRA) defines "sewage" as including drainage and storm water. It also defines "sewage works" as any works for the collection, transmission, treatment and disposal of sewage, or any part of any such works, but does not include plumbing defined by the Building Code Act (BCA).

The BCA defines plumbing as follows:

"plumbing" means a drainage system, a venting system, and a water system or parts thereof.

The OBC defines a drainage system as follows:

"drainage system" means an assembly of pipes, fittings, fixtures and appurtenances on the property that is used to convey "sewage" and "clear water waste" to a main sewer or a "private sewage disposal system", and includes a "private sewer" but does not include "subsoil drainage piping" or piping that carries "storm sewage" from areas that are not part of a "building".

Stormwater Management Facilities, other than "storm drainage piping", as defined in the OBC, and piping that carries storm sewage from areas that are not part of a building, are not considered plumbing but are sewage works requiring approval under Section 53 of the OWRA.

Article 7.1.6.5. of the OBC states that

"Private sewers" and "private water supply" pipes shall be installed in accordance with the Guidelines for the Design of Sanitary Sewage Work Systems, Guidelines for the Design of Storm Sewers and Guidelines for the Design of Water Distribution Systems issued by the Environmental Approvals and Projects Engineering Branch of the Ministry of the Environment.

Private sewers are considered a drainage system as defined in the Code. They are under the jurisdiction of the OBC and must be designed and installed according to the guidelines issued by Ministry of Environment and Energy (MOEE), as stated above. The municipality is responsible under the BCA for the enforcement of the OBC. Approval from the MOEE would not be required for private sewers and water supply pipes since the OWRA specifically exempts plumbing as defined in the BCA.

May 17, 1995

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