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Question: 04-51 Code Section: Date: OBC Reference:

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?

(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.

Interpretation: Approved at AMES

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