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BRANCH OPINION

Although the lot line can be an unsafe area due to the presence of many utilities being placed in this area, problems may arise in ensuring conformance with the Ontario Building Code (OBC) if the practice of extending the sewer and water leads 5 feet past the property line becomes a mandatory practice.

It is necessary to ensure that an installation conforms to Article 7.3.5.6. This Article describes the requirements for spatial separation of the water service pipe and the building sewer or building drain. Sentence 7.3.5.6.(1) requires a spatial separation of not less than 2.44 m measured horizontally of undisturbed or compacted earth except as permitted in Sentence (2).

Sentence 7.3.5.6.(2) allows the distance to be less than 2.44 m under 3 different circumstances outlined below:

1. the bottom of the water service pipe at all points is at least 500 mm above the top of the building drain or building sewer and when in a common trench with the building drain or building sewer, the water service is placed on a shelf at one side of the common trench.

2. the water service pipe is constructed of a single run of pipe with no joints or fittings between the street line or source of supply on the property and the inside face of the building.

3. the building drain or building sewer is constructed of piping which meets the standard for pressure pipe and is pressure tested in accordance with Subsection 7.3.7. at 345 kPa.

Therefore, the only way not to conflict with the code would be to ensure that a water service is 500 mm higher and placed on a shelf to the side of the trench, maintain at least 8 feet horizontal separation once passed the property line, use pressure pipe and test in accordance with Subsection 7.3.7. or to have the contractor extend the service past the inside face of the building.

Another issue is that the municipality may allow the sewers in the street allowance to be constructed of materials that are not permitted by the OBC. Not all piping materials are referenced by the code as appropriate materials for building sewers or building drains. The type of pipe that is extended onto the property must be a material that conforms to the code requirements.

Thirdly, the Sentence 7.3.6.1.(1) requires a air test or water test to be conducted on any section of a drainage system. Sentence 7.3.6.1.(5) requires that a ball test be conducted on a sanitary building drain or sewer and a storm building drain or sewer larger than 4 inch and buried underground. That 5 foot section of the building sewers would be required to be tested in order to be in conformance with the code.

Finally, the sewer and watermain contractor may not be licensed as either a drainlayer or master plumber under the municipality's licensing program or other by-law, if one exists. The sewer and watermain contractor may be in violation of this by-law once they cross over the property line to extend the leads.

Once the contractor crosses over the property line all work must conform to the Building Code Act, the Building Code and local by- laws including that the work be done under permit, fees paid, appropriate notice given for inspection and all testing must be done. Given the difficulty of locating the exact property line for each building in a new subdivision, the previous sentence is intended for when there is a direct intent of extending the services across the property line and not when the lines terminate in the vicinity of the property line, approximately 6 to 8 inches on either side of the actual lot line.

Some municipalities allow large coverage of lots, and mandating a set figure of 1.5 m will not allow any discretion for the municipality in this regard. This may lead to the services ending up inside the building or being left in difficult position to connect to. Give the variances of building, sewer and zoning by- laws, legislating a set distance in the OBC would be inadvisable.

Given that the municipalities are responsible for the enforcement of the OBC, and each has different zoning and building by-laws, the Housing Development and Buildings Branch does not support the mandatory extension of the leads onto private property. If a municipality wishes to adopt the practice of extending the leads, and can achieve conformance to the OBC and their building by-laws, then the Branch has no objections to this practice.

May 9, 1995