Ontario Plumbing Inspectors Association, Inc.

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49 C Questions

04_37 If a kitchen or bar sink is supplied with 49 C (120 F) water to the faucet, this would meet the requirement of the new regulation.
If an Insta hot dispenser is installed as a separate appliance on the side or back of the sink, would this appliance be permitted to deliver water at a temperature higher than 49 degree C (120 degree F)?




Answer: (On. Reg 403/97)
7.6.5.1.(1) states the maximum temperature of hot water supplied by fittings to fixtures in a residential occupancy shall not exceed 49 degrees C. The committee found itself divided with their interpretations of the words in the above Sentence. In order to be able to accept such an installation some members considered the dispenser as the fixture thus not limited to the requirements of 49 degrees C however some others considered the dispenser as another faucet A that dispenses hot water over a fixture. The reason or intent for amending the code at this time was to limit and help prevent scalding. This appliance dispenses water at approximately 88 degrees C ( 190 degrees F) at the touch of the handle.
It would appear from the various interpretations that the Ministry should be providing an opinion and a clarification on the intent in the use of these A appliances. Since our purpose is to provide uniform interpretation and not to create confusion, I would prefer to err on the side of safety than to accept something on a judgement call.
P.S. If the dispenser was NOT discharging over a fixture i.e. coffee makers or espresso then I am sure our concerns would be different.



04_49 I have a concern with the message we are sending to the membership regarding the temperature issue. On page 27 of the Nov/Dec issue of the Bulletin concerns are raised as to how temperature control is achieved with the recommendation to reduce the water temperature at the source in lieu of lowering the temperature at the hot water heater yet at the back of the issue there is an advertisement for an instant hot water dispenser that maintains water temperatures near the boiling point. As stated above: “what kind of message are we sending the membership?



Answer: (On. Reg 403/97)
In defence of our sponsor, there is nothing in the code that prohibits, restricts or limits the installation of this appliance except for some differing interpretations. We definitely need to educate ourselves and our membership on this topic and what better way than to have this controversy in the forefront. The Ministry has offered opinion on this matter recommending that the dispenser not be installed over a fixture and that they be redesigned so as not to look like a faucet but they did not say the dispenser was limited to the 49oC rule. We as inspectors must be aware and informed of all product and installation guidelines and based on that information and the intent of the code we can make informed decisions. The fact that you are asking these questions are in actuality making us all better inspectors. Note: Please refer to Q04-37 for the Code Technical Committee’ answer to the installation of these dispensers.



04_51 Background: With the advent of the new Ontario Regulation 23/04, change to the Ontario Building Code, with regards mixing valves, I would like to obtain the opinion of your Association on an issue. While the new regulation is quite clear that when a water heater is changed out, a mixing valve is to be installed at either the outlet of the heater, or at each individual fixture. The question arises, on rental heaters, gas, oil and electric, as to who is responsible for this installation. In these situations you have three parties involved: the home/property owner, the installing contractor, and the owner of the rental heater(normally a utility). We have noticed that several utilities are advising the home owners that while they support the legislation and recommend to the home owner that a mixing valve be installed, they are advising the homeowners to engage the services of a licensed plumber to do the installation, IF they want a mixing valve. They state that it is the responsibility of the homeowner to provide the mixing valve. Otherwise they are requesting the homeowner to sign off on having a mixing valve installed. Since most homeowners don't want to spend the extra to have a valve installed, is the installing contractor and the owner of the equipment correct in installing a new heater WITHOUT a valve." Who is responsible under the legislation to have a mixing valve installed, the homeowner, the installing contractor or the owner of the heater?



Answer: (On. Reg 403/97)
Under the Building Code Act Section 8.-(11), “no person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with this Act and the building code”. With that in mind, you should agree that it is everyone’s responsibility under the legislation to install plumbing in accordance with the regulations. The homeowner and owner of the tank for causing plumbing to be constructed (look at your definitions in the Act) and the installing contractor for constructing plumbing are all responsible to have a mixing valve installed."



05_14 Re: Subsection 7.6.5. Water Temperature Control I have a situation involving a replacement water heater in a multi residential unit. There are several water heaters connected together to serve the units, only one of the water heaters needs to be replaced. What should be done regarding water temperature? Do we mix the water temperature for the one unit being replaced (the others would deliver water temps higher than that permitted by 7.6.5. ) or should the mixing valve be installed in a manner that controls the water temp for all the water heaters?



Answer: (On, Reg. 403/97)
It is difficult to provide interpretation when the answers sought are based on opinion and judgement. The best that we can do as a committee is to provide you with the facts and information that we have gathered so that you can make an informed judgement. So, based on 2.1.1.7.(1), “Where an existing building is extended or subject to material alteration or repair, the Code is applicable only to the design construction of the extension and those parts of the building that are subject to the material alteration or repair.”; 7.1.2.2.(1)(a)&(b), “When an existing building is extended or subject to material alteration or repair, this Part is applicable, to the design and construction of plumbing in the extension and those parts of the building subject to material alteration and repair, and to plumbing which is adversely affected by the extension, alteration or repair. “;" "11.3.4.1.(1), “Notwithstanding Subsections 11.3.1., 11.3.2., 11.3.3., where an existing plumbing system is extended or subject to material alteration or repair, the construction of plumbing shall comply with Part 7.”; 11.4.2.4.(1), “The performance level of an existing building is reduced where the existing building is extended or subject to material alteration or repair, and plumbing in the existing building is adversely affected by the extension, alteration or repair.”; and 11.4.3.5.(1), “Where the performance level of an existing building is reduced under Sentence 11.4.2.4.(1), upgrading of plumbing in the existing building which is adversely affected by the extension, alteration or repair shall be required in conformance with Part 7.”." "Therefore, our opinion is that when dealing with existing buildings and plumbing, it would appear that from all pieces of legislation that Part 7 is applicable. The concern and consideration we must make in this case is, is it applicable to what? and to what extent? Before 7.6.5., replacement water heaters were not viewed as reducing the performance level or adversely affecting the existing plumbing system. However, it is our opinion based on the above information that Subsection 7.6.5. has changed all that.



05_20 A plumber needs to replace a water heater in a “travel trailer”, the trailer itself is not moved around but it could be if the owner wanted to move to another park. Does the water temperature requirement in the code apply to this replacement?



Answer: (On. Reg 403/97)
What appears to be a simple question turns out to be more complex than first thought. Travel trailers that are designed and constructed in compliance with CAN/CSA-Z240 Series and bear a certification mark are deemed to comply with this code as per 2.1.1.4.(2). Therefore, the simple answer is the OBC does not apply in this instance. BUT, where it becomes complicated is that Sentence (3) states that “The requirements of this Code shall apply to building components designed and constructed outside the place of manufacture,”. Should the trailer be connected to services that are permanent, the plumbing would be considered as a building as per the definition found in the BCA and thus, require a permit for the replacement of the water heater . This is dependant upon whether your municipality requires permits for that type of construction and compliance to the Code is mandatory. However, if this trailer is seasonal, does not have permanent connection to plumbing supply systems, is moved in the fall, then we would tend to think that the OBC has no jurisdiction.



04_38 If a thermostatic mixing valve is installed downstream of the hot water tank to regulate the hot water to the entire house to 120 degrees F. Do you still require a pressure balance shower faucet



Answer: (On. Reg. 403/97)
Sentence 7.2.10.7.(2) tells us that a pressure balanced faucet is Not required provided the supply of hot water is controlled by a master thermostatic mixing valve conforming to CAN/CSA-B125. The Ministry is cautioning inspectors and installers that not all mixing valves are certified as master thermostatic mixing valves and that if they are not then shower valves must be controlled by a pressure balanced valve or by a point of use mixing valve. CSA further states that a distinction between a master thermostatic mixing valve and a point of use mixing valve is the master thermostatic must be tested to ASSE 1017 which are the same requirements as the CAN/CSA-B125. P.S. Master thermostatic mixing valves are defined in the CSA document as : a device for controlling line water temperature in potable water systems and intended to be installed at the hot water source.




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