O. Reg. 91/14: PERFORMANCE STANDARDS

Link to law: http://www.ontario.ca/laws/regulation/r14091
Published: 2014-03-28

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ONTARIO REGULATION 91/14

made under the

PROFESSIONAL ENGINEERS ACT

Made: February 7, 2014
Approved: March 26, 2014
Filed: March 28, 2014
Published on e-Laws: March 31, 2014
Printed in The Ontario Gazette: April 12, 2014

Amending O. Reg. 260/08

(PERFORMANCE STANDARDS)

1. The definition of “building code” in section 1 of Ontario Regulation 260/08 is revoked and the following substituted:

“building code” means Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992.

2. The Regulation is amended by adding the following section:

Design of certain buildings

1.1 The following are prescribed as performance standards with respect to the preparation and provision by a professional engineer of a design for the construction, enlargement or alteration of a building described in paragraph 2 of subsection 12 (6) of the Act:

1. In preparing the design, the professional engineer shall provide information about the building’s compliance with the building code. The information shall be organized in a table and shall be listed under the following headings:

i. Project description (new, addition, alteration, change of use).

ii. Major occupancy or occupancies.

iii. Importance category.

iv. Building area.

v. Gross area of building.

vi. Number of storeys above and below grade.

vii. Building height.

viii. Number of streets and access routes.

ix. Building classification.

x. Sprinkler system proposal.

xi. Standpipe requirements.

xii. Fire alarm requirements.

xiii. Adequacy of water service or supply for fire fighting purposes.

xiv. Whether the building is a high building.

xv. Construction restrictions (combustible, non-combustible or both).

xvi. Mezzanine information (number, area, locations).

xvii. Occupancy load per floor and method of determination.

xviii. Provision of barrier-free design.

xix. Presence of hazardous materials in the building.

xx. Requirements respecting fire resistance rating of horizontal assemblies and supporting members.

xxi. Exterior wall construction type and requirements respecting spatial separations.

xxii. Plumbing fixture requirements.

2. The professional engineer shall ensure that the table is affixed to the topmost sheet of the drawings that he or she prepares as part of the application for a building permit for the building’s construction, enlargement or alteration, or is included in the drawings in a similarly prominent location.

3. The professional engineer shall provide a copy of the table to any other person who the professional engineer knows to be responsible, for the purposes of the building code, for any portion of the design of the construction, enlargement or alteration of the building.

3. Section 4 of the Regulation is revoked and the following substituted:

Engineering evaluation reports under Safe Drinking Water Act, 2002 (drinking water systems)

4. (1) In this section,

“available” means, in reference to a document, that it is present at or immediately accessible from the site of a drinking water system, whether in paper or electronic format;

“distribution system”, “drinking water system”, “raw water” and “raw water supply” have the same meaning as in the Safe Drinking Water Act, 2002;

“Drinking Water Systems Regulation” means Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002;

“operational check equipment” means equipment installed in a drinking water system, or portable equipment present at the site of a drinking water system, for the purpose of carrying out,

(a) operational checks, sampling and testing under Schedule 6 to the Drinking Water Systems Regulation, and

(b) the maintenance and operational checks under Schedules 8 and 9 to that Regulation.

(2) The following are prescribed as performance standards with respect to the assessment of a drinking water system and the preparation of an engineering evaluation report on a drinking water system under Schedule 21 to the Drinking Water Systems Regulation by a holder of a licence, temporary licence or limited licence:

1. Subject to paragraph 17, the holder shall complete and deliver the report in a timely manner that gives the owner of the drinking water system a reasonable opportunity to meet the timing requirements set out in Schedule 21 to the Drinking Water Systems Regulation.

2. The holder shall ensure that the report contains all of the information that section 21-5 of Schedule 21 to the Drinking Water Systems Regulation requires in order for the report to comply with that section.

3. The information and opinions that the holder provides in the report shall be based on observations made during one or more visits to the drinking water system by the holder or by a person under his or her supervision, and the holder shall include in the report,

i. the date of every visit to the drinking water system for the purposes of preparing the report by the holder or by a person under his or her supervision,

ii. in each case, the name of the person who visited the drinking water system, and

iii. in the case of a visit by a person under the holder’s supervision, the person’s title and relationship to the holder.

4. The holder shall determine and identify the location of the raw water supply for the drinking water system and shall provide as part of the report,

i. an indication as to whether the source of the raw water supply is ground water, surface water, or a combination of the two,

ii. a site plan showing,

A. the boundary of the drinking water system, any significant topographic features within those boundaries, and an indication of site grading that may impact on the source of the raw water supply,

B. the location of all parts of the drinking water system used for the collection, storage and treatment of raw water, and

C. the distribution system used for distributing treated water to users of the drinking water system, and

iii. the information described in paragraph 5 or 6 or both, as the circumstances require.

5. If any part of the source of the raw water supply is ground water, the holder shall,

i. include in the site plan the location of any wells that form part of the drinking water system and the location of any known water courses, drains, septic tanks, tile fields and any other structures that may affect the quality of the well water, and

ii. a description of the physical characteristics of each well that forms part of the drinking water system including, if available, a copy of the well record, and an indication of whether any of the wells obtains water from a raw water supply that was determined for the purposes of section 2 of the Drinking Water Systems Regulation to be ground water that is under the direct influence of surface water.

6. If any part of the source of the raw water supply is surface water, the holder shall state the name of the surface water body.

7. The holder shall provide in the report a description of the drinking water system, which shall include, at a minimum,

i. an estimate of the number of persons served by the drinking water system,

ii. a schematic diagram of any treatment process used in the drinking water system for the purpose of meeting the requirements of Schedule 2 to the Drinking Water Systems Regulation, and

iii. a list of all water treatment equipment and operational check equipment installed in the drinking water system.

8. The opinion that the holder provides for the purposes of subclause 21-5 (b) (i) of Schedule 21 to the Drinking Water Systems Regulation respecting whether all equipment required in order to ensure compliance with Schedule 2 to that Regulation is being provided, shall be with respect to all expected flow conditions and quality variations.

9. In addition to the opinions required to be included in the report by section 21-5 of Schedule 21 to the Drinking Water Systems Regulation, the holder shall provide in the report his or her opinion regarding,

i. the reliability of the water treatment equipment and operational check equipment listed under subparagraph 7 iii and whether there are any redundancies in or observable problems with it, and

ii. the operating conditions that must be maintained for the water treatment equipment listed under subparagraph 7 iii in order to ensure that the requirements of Schedule 2 to the Drinking Water Systems Regulation are met.

10. The holder shall,

i. list in the report all equipment installed or used at the drinking water system, including water treatment equipment and operational check equipment listed under subparagraph 7 iii, that requires periodic maintenance, and

ii. review the relevant maintenance records and maintenance schedules that are available for the equipment listed under subparagraph i, and give his or her opinion as to,

A. whether the equipment has been inspected, tested, replaced and calibrated at the frequency recommended by the equipment manufacturer,

B. if the equipment manufacturer does not recommend a maintenance schedule, whether the existing maintenance schedule for inspection, testing, replacement and calibration of the equipment would provide for reliable operation of the drinking water system, and

C. whether the equipment is being inspected, tested, replaced and calibrated so that the drinking water system is in compliance with the applicable requirements set out in Schedules 2, 6, 8 and 9 to the Drinking Water Systems Regulation.

11. The holder shall provide reasons for the opinions required to be provided by paragraphs 8, 9 and 10, along with the technical and other information he or she relied on in reaching those opinions.

12. The holder shall attach to the report,

i. a list of all available manuals and similar information relevant to the operation and maintenance of the water treatment equipment and operational check equipment listed under subparagraph 10 i, and

ii. a list of the water treatment equipment and operational check equipment listed under that subparagraph for which such manuals or information are not available.

13. In preparing the maintenance schedule referred to under clause 21-5 (d) of Schedule 21 to the Drinking Water Systems Regulation, the holder shall, subject to paragraph 14, base the maintenance schedule on the applicable maintenance schedules contained in the manuals and information referred to in subparagraph 12 i.

14. If a maintenance schedule for a piece of equipment is not available, or if the holder is of the opinion that the available maintenance schedule would not provide for the reliable operation of the drinking water system or ensure compliance with the applicable requirements of Schedules 2, 6, 8 and 9 to the Drinking Water Systems Regulation, the holder shall develop a maintenance schedule for the equipment that would, if followed, provide for such operation and compliance.

15. If the holder determines that water treatment equipment or operational check equipment at a drinking water system may be bypassed, or discovers any other problem with the drinking water system that, in his or her opinion, may lead to improperly treated water being delivered to users of the drinking water system but does not constitute a failure to comply with Schedule 2, 6, 8 or 9 to the Drinking Water Systems Regulation, he or she shall include in the report a description of the problem, together with recommendations that would rectify the problem or mitigate risks associated with it.

16. If at any time during the assessment of the drinking water system or the preparation of the report the holder determines that the drinking water system does not comply with a requirement in Schedule 2, 6, 8 or 9 to the Drinking Water Systems Regulation and that the lack of compliance may lead to improperly treated water being delivered to users of the drinking water system, he or she shall immediately inform the owner of the drinking water system in writing of the fact, identifying those provisions of the Drinking Water Systems Regulation with which the drinking water system does not comply and the problems that need to be resolved, and recommending changes that would bring the drinking water system into compliance.

17. If the holder makes the determination described in paragraph 16, the holder shall not complete the report, subject to paragraph 18.

18. If the owner of the drinking water system notifies the holder in writing that the changes recommended under paragraph 16 have been made, the holder shall review the changes, and if, in the holder’s opinion, the altered drinking water system is in compliance with Schedules 2, 6, 8 and 9 to the Drinking Water Systems Regulation, the holder shall complete the report.

19. On completing a report, the holder shall promptly sign and give to the owner of the drinking water system a declaration, in the form provided for the purpose by the Ministry of the Environment, containing the opinion of the holder that is required to be provided for the purposes of clause 21-5 (b) of Schedule 21 to the Drinking Water Systems Regulation.

Environmental site assessment reports

5. (1) In this section,

“environmental site assessment” means an investigation in relation to land to determine the environmental condition of property, and includes a phase one environmental site assessment or a phase two environmental site assessment under Ontario Regulation 153/04 (Records of Site Condition — Part XV.1 of the Act) made under the Environmental Protection Act.

(2) A holder of a licence, temporary licence or limited licence who prepares or supervises the preparation of a report as part of an environmental site assessment shall ensure that the following is included on the signature page of the report:

1. In the case of a report for a phase one environmental site assessment or a phase two environmental site assessment under Ontario Regulation 153/04 (Records of Site Condition — Part XV.1 of the Act), a statement that the objectives and requirements set out in that Regulation for a phase one environmental site assessment or a phase two environmental site assessment, as the case may be, were applied in carrying out the environmental site assessment and preparing the report.

2. In any other case, a statement specifying which objectives, requirements or standards were applied in carrying out the environmental site assessment and preparing the report.

Commencement

4. This Regulation comes into force on the later of July 1, 2014 and the day it is filed.

Made by:

Council of the Association of Professional Engineers of Ontario:

Annette Bergeron

President

Gerard McDonald

Registrar

Date made: February 7, 2014.