CODE BREAKING

NBC 2020 changes bring harmonization, but at what cost?

BY TED McINTYRE

EVERY PROVINCE has its unique challenges—weather included—which has led to a diverse set of building codes across Canada. But that different set of rules has long made life difficult for companies doing business in Canada. And that’s a critical element of the new round of national code changes coming online at the start of 2024, says Andy Oding, V.P. and Director of Building Science at Building Science Canada.

“This building code harmonization is about a lot more than energy,” Oding suggests. “The reason this change is taking place is because of the Free Trade Act. Because of the varying building codes between Ontario, Quebec and the rest of Canada, it was very difficult for manufacturers and industry members around the world to get approvals. So this will enhance free trade and bring innovation.”

Harmonization will pose a significant change for Ontario builders in both adoption and implementation. Ensuring industry members are ready to navigate those challenges is essential, notes OHBA CEO Luca Bucci. “To ensure that members are able to successfully apply these changes, OHBA is aligning our strategic plan so that members have technical resources within the association to rely upon.”

“Big changes for builders have a ripple effect throughout the design and construction processes,” adds Mike Memme, the Chair of OHBA’s Building Code Subcommittee. “OHBA has been working in partnership with the Ministry of Municipal Affairs and Housing so that they are fully aware of how the building code changes will impact builders in Ontario.”

We spoke to four experts on the front lines regarding the code changes:

Memme; Oding; John Lane, V.P. of Ontario Building Officials Association; and Miyoko Oikawa, Manager of Research and Innovation at Doug Tarry Homes, who has been working alongside lawyer and LEED Green Associate Victoria Coffin to establish a broad stakeholder council to support the implementation and harmonization of the National Building Code within Ontario.

WHAT DO THESE CHANGES MEAN IN TERMS OF IMPROVED EFFICIENCY AND COSTS?

ANDY ODING: “I was originally involved with the development of the previous SB12 standard as a builder in 2012 and 2017, and participated in the development of the new NBC 2020 9.36 Energy Efficiency Guidance. We have performed analysis with a number of Ontario builders, looking at costs and applications. It looks like about a 15% increase over SB12 2017 in current energy efficiency. Prescriptive compliance with NBC 9.36 (Tier 3) will likely add $2,000 to $3,000 per single detached home, similar to the 2012 and 2017 changes. However, performance compliance with NBC 9.36 (Tier 3) will enable builders to meet code for significantly less—e.g. $150-$1,500 per home.”

MIKE MEMME: “There are proposed code changes that will clean up some areas of concern that builders have with the Ontario code, but there are other changes that are going to add costs. When you raise the energy efficiency bar, you raise the cost. You save on energy, but it’s a case of diminishing returns. There’s a little runway left, but we’re approaching that tipping point with this next code change where the extra cost no longer makes sense.”

ANDY ODING: “You’d think a company like ours, which deals with energy efficiency and building science, would love them, but they’re the bane of our existence. It creates a different code in every area for builders and developers. I frankly feel sorry for planners and building officials, since they’re being asked to administer something that’s very complex and the enforcement of such is often questionable under the Ontario Building Code Act. Some municipalities are telling developers/ builders, ‘Do net-zero!’ And we’re asking, ‘Net-zero what? NZ Energy or NZ Carbon? Operational carbon or embodied carbon?

“Consistency in the codes is important in keeping homes affordable and effective in meeting climate change challenges. We have to be a little careful with not-so-well defined municipal guidance and goals. While they may be concerned with the environment and climate change, what’s often forgotten about is building science. We’ve seen some municipalities pushing hard on increasing efficiency of new-home developments, only to find out that without balanced consideration to operational and embodied carbon it can unintentionally result in increased levels of carbon and more expensive operation of the home.”

MIKE MEMME: “The problem with municipalities asking for higher code requirements is that the building departments are not allowed to ask for anything above code, so now we’ve got planning departments doing it instead. And so we have those who least understand the code making changes to it. That was never anticipated by the code development folks. Some building departments don’t even know that their planning department is requiring a higher level of energy efficiency. So it’s challenging, and with the new code it’s going to be more challenging. The new code has five tiers, and to get to the fifth tier you may actually burn more carbon than you’ll ever get back through energy savings.”

MIYOKO OIKAWA: “From a builder’s perspective, it’s difficult to have that dialogue with municipalities where green standards are being implemented without a full technical analysis to support it. Or perhaps the technical analysis was done by a third party without expertise on the construction side.”

HOW WILL THESE CODE CHANGES AFFECT HOUSING AFFORDABILITY AND SUPPLY?

MIYOKO OIKAWA: “Initially, when this next round is adopted, we could see a delay in permit applications as building code officials and industry come up to speed with the new requirements and a new prescriptive approach to getting your permit.”

THE BIGGEST POTENTIAL SIDE EFFECTS?

MIYOKO OIKAWA: “Increased costs and confusion amongst industry and plans examiners. If you look at Part 9 (of the NBC), even prescriptive compliance, a lot of the tables use different language than we’re used to. If we’re talking about the general RSI (thermal resistance) of a wall assembly, is that going to be generally accepted or will I have to show a calculation, and will the method I’m using be the same that an examiner is using? Currently, I feel that the shortened implementation timeline will have significant immediate impacts on different sectors such as permit delays and confusion in interpretation and enforcement.”

JOHN LANE: “The number of tiers is not so much the issue as the number of potential variations for designers within each tier. And the more complicated the portion of the code becomes, the more room there is for errors. In the end, building officials, especially in rural areas where they may not have the expertise, may require all submissions to be from an energy advisor, which will only add to development costs and create backlogs. Another concern is the chronic shortage of building officials across Ontario.”

MIKE MEMME: “One thing Ontario home builders will have to get their heads wrapped around is the move from a ‘packages’ energy system, which we’ve been using in SB12, to the ‘points’ system used in the new 9.36. The Ontario code has packages that builders can choose from. The national code does not. There, builders meet certain tiers through the points they receive by making energy efficiency implementations.”

HOW CAN WE IMPROVE THIS PROCESS?

JOHN LANE: “When a building official gets to a site and has a question, they need to reach out to the Ministry to get interpretations of the code. This can cause delays, especially around technical provisions that are interpreted differently depending on which municipality you’re building in. To address this, the OBOA has created BCAS, the Building Code Advisory Service. It’s a group of building officials who will receive code interpretation questions and dispense advice in a timely fashion. The sooner building officials can respond back with a rock-solid technical interpretation of the code, the sooner a project can carry on. It’s our hope this will be a driving factor in streamlining the home building industry.

IS OHBA UNDERREPRESENTED AT THE NATIONAL LEVEL WITH RESPECT TO CODE CHANGES?

MIYOKO OIKAWA: “If you consider how much of Canada that Ontario makes up in terms of new housing starts, that really should be worked into the governing structure. Ontario should have more weight in decision making. How will we have a separate voice, since we have our own supply chain and costs problems that are specific to Ontario that we need to advocate for?”