Understanding What the Act and Building Code Say

OAA Council is sharing the outcome of discussions with outside legal counsel and a code consultant with respect to the use of firewalls.

In April 2021, the Vice President Regulatory brought a member’s question forward to Council’s Executive Committee. A concern had been raised that there was inconsistency between the Architects Act and the Ontario Building Code when it came to firewalls for determining area extents. The more specific issue was whether the use of firewalls allows qualified designers to circumvent the Architects Act and undertake work within the protected scope of work for OAA members.

The Executive Committee commissioned two reports—one from outside legal counsel and another from Allan Larden (LardenCODE Consulting Architect). The question posed was:

In determining the size (area) of a building, the Ontario Building Code (OBC) allows a building to be subdivided by firewalls. Each subdivision of the overall building can then be considered separately as its own building in determining its area as set out in the OBC.

The practical result is that sometimes buildings, which are overall large enough to require design by an architect under the Architects Act, are purposefully subdivided through the use of firewalls into separate portions each of which is small enough not to require design by an architect.

Does this permitted use of firewalls in the OBC contravene or circumvent the intent or the letter of the Architects Act in establishing the protected scope of work or requirement for design by architects? What is your reasoning?

Councillors were able to review the research and responses and also submit followup questions. Discussion continued at the September and December Council meetings.

The findings of both the legal consultant and the code expert confirm the OAA’s interpretation of the Architects Act since coming into force in 1984—that is, firewalls are considered to subdivide a building with the resulting divisions considered separate buildings. Therefore, provided these resulting spaces are not within the protected scope, such projects can be undertaken by qualified BCIN holders. There is no contradiction between the Act and the building code.

As a reminder to members, prior to 1984 there was not a clearly defined protected scope of practice for architecture or engineering beyond project costs. Government, industry, and public consultation, along with focused negotiations over a number of years, led to the creation of the Architects Act in 1984, and the protected scope of practice.

The Association is also making the code consultant’s findings public. They can be read by clicking here.