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CE 42
1
The use of professional architects and/or engineers is required by provincial/territorial law for larger and/or more complex buildings.
Drawings and specifications appropriate jurisdiction. The model and territories have additional
Drawings are a graphical description codes are very technical and presume regulations for elevators, boilers
of the work. Specifications are a that users are knowledgeable. and pressure vessels. There are also
written description. They set out various occupancy licences required
Provincial/Territorial codes by either the province or the
general requirements, acceptable
products, equipment, installation Today, most provinces and municipalities (liquor licence,
procedures, standards of territories have passed legislation care homes, day cares, etc.) and
workmanship, etc. Their scale adopting either the national requirements that go with them.
and complexity vary widely, from model building, fire and plumbing Provincial and territorial laws for
simple one-page lists to multi- codes produced by the Canadian the environment, flood control,
section documents. They are Commission on Building and Fire occupational health and safety,
very important as legal documents, Codes, or variations that include etc. can also affect planning,
describing responsibilities and provincial and territorial additions, construction and operation
the quality of workmanship exemptions, or amendments. The of buildings.
and materials. Acts establish systems of building
regulation, scope of application, Systems for
Model codes enforcement powers, permits, Quality Control
The Canadian Commission on consideration of non-standard Once the design decisions have been
Building and Fire Codes oversees products and systems, inspections, made, focus shifts to construction.
production of the model National penalties and appeals. There are several systems to
Building Code, National Plumbing Other regulations help avoid errors and assure the
Code and National Fire Code affecting building desired levels of performance and
of Canada, plus other guidance workmanship are obtained. The
documents. The model building Provinces and territories have also selection of reputable companies,
code sets out minimum requirements established systems of planning and site supervision and appropriate
addressing safety, health, accessibility development review that affect what testing is essential. Construction
and building protection. The model can be built, generally with a large code inspections by or on behalf of
plumbing code deals with safe municipal role. Official plans the authority with jurisdiction only
installation of potable water systems, establish permitted land uses, and provide a back-up review for those
and removal of wastewater to ensure appropriate services in new matters deemed to be in the public
municipal or private sewage systems. subdivisions and in established interest—for example, health
The model fire code addresses fire areas. Planning and zoning criteria and safety.
safety during the operation of may include minimum setbacks,
facilities and buildings. Other lot coverage, density, massing, In-plant quality
model codes (for example, electrical, etc. Some municipalities have control programs
gas and elevator codes) are produced architectural controls affecting Material suppliers and product and
by organizations such as the the appearance of new buildings. equipment manufacturers have their
Canadian Standards Association. Provinces and territories also oversee own programs to control quality
Model codes have no force in electrical and gas installations, with and ensure their products perform
law until they are adopted by a enforcement generally handled by as expected. The programs vary in
government authority with the municipalities or utilities. Provinces complexity, reflecting the differences
in the inherent risk in the products Testing on site construction or finishes. They also
themselves. Reputable companies Some products and installations advise owners on progress, identify
try to keep quality high to protect require site testing. Concrete, for required tests and review results.
their reputation. example, is usually tested during Drawings evaluation
Third-party testing in plant placement. Tests are performed and inspections
for the owner by a third party.
Many manufacturers design their The more complex the building, the Owners must apply to the municipal
production to meet published more testing may be recommended building department for the required
standards. This may require by the owner’s consultants. For permits and pay the required fees.
tests of inputs, components and complex facilities or systems, Site inspections are usually part
finished product, monitoring, etc. designers may analyze testing of the permit process, but only
Where there is a market, some requirements and recommend address the codes’ minimum safety,
manufacturers will also design “commissioning” protocols, based health, accessibility and building
some products specifically to exceed on risk assessment. protection requirements. In many
minimum standards, and publish municipalities, the fire services
test results in product literature. Contractors’ inspections will also review drawings, focusing
Contractors’ own site inspections specifically on fire safety issues
Certifications that will arise once a building is
are an extremely important part of
Certification organizations are the quality control process. General occupied. The building will then
accredited to confirm that specific contractors/builders appoint be inspected periodically to make
products, installations or systems site supervisors to review all the sure that the fire safety features
meet published standards. work included in the contract, are maintained.
Certification marks will usually to check that it has been done
appear on products in an easily Private third party inspections
according to the drawings and
visible place. specifications—by their own forces Some government jurisdictions
or by subcontractors. Similarly, allow private third party inspectors
Evaluations to do some, or all, of the work
trade contractors oversee the
It can be difficult and/or expensive work of their own employees of a municipal building inspector.
to prove to municipal building and sub-trades. These inspectors must generally pass
officials that a new product provides specific courses and/or be certified.
the type of performance required by Architects’ and In some areas, they are hired by
codes. The Canadian Construction engineers’ review the government; in others, they
Materials Centre (connected with Architects and engineers are often are hired by the owner of the
the National Research Council) was retained to review construction construction project.
established to make this easier, by (mandatory for most larger projects,
assessing a product’s conformity Warranty and insurance
depending on provincial legislation, requirements
to the model codes’ performance project size and complexity). They
expectations on a national basis. usually visit the site on a regular Some buildings, typically houses,
Ontario has a similar process just basis and review work at specific are covered by warranty programs.
for its own building code. stages, before it is hidden by further These programs can require that
set the time limit for pursuing has, therefore, developed a number Government-required
claims. Alberta’s 1994 Safety Codes of ways to respond to problems, and warranties
Act sets out roles and responsibilities some have been made mandatory In British Columbia and Quebec
for all the parties to a construction by governments. since 1999, and in Ontario since
project. There is a 10-year final 1976, the provincial governments
limitation on claims arising from Company warranties
have legislation requiring some or
construction. British Columbia’s The standard warranty is one all new homes to be covered by
Homeowner Protection Act sets year from the date of substantial third party warranties or insurers.
penalties for people who build and performance of the work. Longer The Acts in these three provinces
sell homes without obtaining the periods may be specified in the establish coverage, application,
required warranties. contract documents for certain enforcement, penalties and appeals,
products and portions of the plus criteria and provincial review
Contracts work, and longer manufacturers’ of providers. They are quite
Construction contracts vary, but are warranties are to be issued to the different in their application,
usually based on industry standards. owner. Guarantees from product approach and definitions.
They generally include a description and equipment manufacturers vary,
of the responsibilities and work depending on the expected life of Bonds
to be done (often referencing the product. A bond is a three-way agreement
drawings and specifications), price, between the principal (usually the
construction schedule, warranty Insured warranties (voluntary)
contractor), the obligee (usually
terms, insurances, and how changes, Insured or third party warranty the owner) and the surety company.
delays or disputes will be handled. programs are used in the housing In a performance bond, if the
A contract is legally binding on the industry. They are required by law contractor doesn’t perform the
parties to it. in some provinces, and are available contract properly, the surety must
on a voluntary basis in the rest of remedy the default. Before issuing
Systems to Protect the country. a bond, surety companies usually
Consumers Under these programs, a third review a company’s financial
Building projects are complex party corporation agrees to fulfill resources, staff, management
on-site manufacturing and assembly the home builder’s warranty to the performance and past experience.
operations, which usually face both homebuyer if the builder does not. It can be very difficult for new or
time and budget constraints. It The terms differ across the country, smaller contractors to obtain bonds.
is usual to have minor defects but normally include a one- or
that require repair or replacement. two-year full labour and materials Property insurance
However, the limited scope of codes warranty, plus coverage for major Normal property insurance is
(safety, health, accessibility and structural defects until at least not intended to cover defects in
building protection) means that the end of the fifth year. Some construction. However, it does
they have little if any application programs have additional coverage; provide protection to the owner
to what is traditionally thought of some offer options, available for from the loss of property in cases
as “consumer protection.” Industry an additional premium. of fire or other disasters.
Advice
The consumer’s responsibility
Consumers who face problems
Many buyers or users of construction services, especially homebuyers, do not
and are unsure of their rights have a full understanding of construction, business practices, and the protection
and obligations can consult they do and do not have under the system. A number appear to believe that
legal specialists familiar with the codes and municipal enforcement are intended to cover more than they actually do.
construction system. Useful general All buyers have responsibilities for protecting their own best interests by:
information, advice and support
n checking into companies’ reputation, experience and qualifications;
is also available from organizations
such as the Consumers’ Association n checking references;
of Canada. The Homeowner n getting legal review before signing contracts;
Protection Office in British
n allowing sufficient time and money for better products, careful work
Columbia has also published a
and good inspections;
guide for new homebuyers.2
n choosing appropriate insurances and warranties;
Systems for Recourse n inspecting completed work;
Errors and omissions insurance n reporting problems promptly; and
As professionals in self-regulated n doing required ongoing routine maintenance.
professions, architects and engineers
are barred from limiting their
others self-insure. Because of In addition, more and more
liability for negligent work. Because
the principle of joint and several contracts include a provision for
of this, together with the principle
liability, municipalities can be disputes to be settled by mediation
of joint and several liability, they
drawn into disputes between other (a faster, less adversarial process),
can end up having to pay the full
parties, even though their role has and some provinces have begun
amount of damages if the other
been very limited. to include mediation as the first
responsible parties are no longer
stage in the legal process. Warranty
available. Professional liability Lawsuits, mediation programs often use a form of
insurance can help to cover their and the courts mediation (conciliation) as a first
potential liabilities, and is required
It can be expensive and time response to claims.
in many provinces/territories.
consuming to pursue legal rights
through the courts. Sometimes, Systems to Respond
Municipal liability insurance
defendants don’t have enough to Problems
Municipalities can face potential
assets for a case to be worthwhile The vast majority of construction
liability for negligent drawings
to pursue. However, legal rights problems turn out to be simple
examination or inspection by their
and precedents have an important things, which can and do get
staff. Some municipalities take
impact on the advice given to fixed quickly. But some are more
out commercial liability insurances;
consumers and companies, and widespread, and more difficult to
others cover their liability through
on how business is conducted. address. This is especially true of
association-run programs; still
“system” problems that are caused
2
Homeowner Protection Office, Buying a Home in British Columbia: A Consumer Protection Guide (Vancouver: HPO, 2009), available
online at http://www.hpo.bc.ca/files/download/Bulletins/BuyingANewHome.pdf.
To find more About Your House fact sheets plus a wide variety of
information products, visit our website at www.cmhc.ca. You can also
reach us by telephone at 1-800-668-2642 or by fax at 1-800-245-9274.
Priced Publications
Building Materials for the Environmentally Hypersensitive Order No. 61089
Canadian Wood-Frame House Construction Order No. 61010
Free Publications
Condominium Buyers’ Guide Order No. 63100
Homebuying Step by Step: A Consumer Guide and Workbook Order No. 60946
About Your House fact sheets
Hiring a Contractor Order No. 62277
Hiring a Home Inspector Order No. 62839
Home Maintenance Schedule Order No. 63218
Sample Renovation Contract Order No. 62351
Selecting a New Home Builder Order No. 63495
Although this information product reflects housing experts’ current knowledge, it is provided for general information purposes only. Any
reliance or action taken based on the information, materials and techniques described are the responsibility of the user. Readers are advised
to consult appropriate professional resources to determine what is safe and suitable in their particular case. Canada Mortgage and Housing
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Corporation assumes no responsibility for any consequence arising from use of the information, materials and techniques described.