WE ARE VICTIMS OF SOME OF THE SLOPPIEST CONSTRUCTION WE HAVE EVER WITNESSED. OVER TWENTY FIVE BUILDING CODE VIOLATIONS (WE ARE AWARE OF) WERE COMMITTED BY BUILDER AND MISSED BY THE BUILDING DEPARTMENT WHEN THEY PERMITTED OCCUPANCY. THESE INCLUDED VERY SERIOUS ONTARIO BUILDING CODE HEALTH AND SAFETY VIOLATIONS SUCH AS TWO UNSECURED INTERIOR STAIR RAILINGS, UNEQUAL STAIR RISERS AND A FURNACE THAT HAD NOT BEEN PASSED BY ENBRIDGE, CLEARLY EVIDENT BY THE RED TAG LEFT. THESE ARE ITEMS THAT SHOULD HAVE BEEN OBSERVED AND OCCUPANCY DENIED UNTIL THEY WERE ADDRESSED.

THE INCOMPETENCE OF THE BUILDER AND THE BUILDING DEPARTMENT CAUSED A CHAIN REACTION OF OTHER PROBLEMS. THERE ARE STILL SEVERAL HEALTH AND SAFETY BUILDING CODE VIOLATIONS OUTSTANDING AFTER THREE YEARS. WE COULD WRITE A BOOK ON ALL THE PROBLEMS WE HAVE THAT WERE CAUSED BY THE FAILURES OF EVERYBODY INVOLVED IN THE CONSTRUCTION, INSPECTION AND WARRANTY OF THIS HOUSE.

WE WANT TO ADDRESS ONE OF THE BUILDING CODE VIOLATIONS WE ARE CURRENTLY DEALING WITH THAT MAY AFFECT OTHERS WHO HAVE BOUGHT NEW HOMES.

FIRST VIEW HOMEOWNERS SHOULD BE AWARE OF A FLAGRANT BUILDING CODE VIOLATION WE OBSERVED THAT WAS COMMITTED BY THIS BUILDER. AFTER HEARING NEIGHBOURS COMPLAIN OF CRACKED AND BROKEN CERAMIC TILES WE DISCOVERED THAT OUR CERAMIC TILE WE PAID THE BUILDER THOUSANDS OF DOLLARS FOR, WERE NOT INSTALLED IN ACCORDANCE WITH THE ONTARIO BUILDING CODE. WE ALSO READ HOMEOWNER COMPLAINTS UNDER THIS BUILDERS NAME ON THE RATE YOUR BUILDER WEB SITE CITING THEY HAVE SUFFERED CRACKED TILES WITH ONE HOMEOWNER STATING IT HAS HAPPENED THREE TIMES. WE WOULD CERTAINLY LIKE TO CONTACT OTHER HOMEOWNERS WITH SIMILAR PROBLEMS WITH THIS BUILDER AND WE WILL BE NOTIFIED OF POSTS TO THIS FORUM. I CAN BE EMAILED AT builder_problems@hotmail.com

THE ONTARIO BUILDING CODE 9.30.6.4. REQUIRES A MINIMUM MORTAR BED THICKNESS OF 12.5 MM NOT INCLUDING THE LAYER OF ADHESIVE. THIS IS TO PREVENT RELATIVE AND DIRECT DEFLECTION OF THE FLOOR STRUCTURE THAT CAN CAUSE TILES TO CRACK AND BREAK. CONSIDERING THIS BUILDER USED MINIMUM CODE 2 X 8 FLOOR JOISTS, AND 5/8" OSB SUB-FLOOR, IT IS EVEN MORE IMPERATIVE THAT THE MORTAR BED IS AT LEAST THE MINIMUM THICKNESS REQUIRED BY CODE. A PORTION OF THIS CODE FOLLOWS:

9.30.6.4. CERAMIC TILE APPLIED TO MORTAR BED WITH ADHESIVE
(1) WHEN CERAMIC TILE IS APPLIED TO A MORTAR BED WITH ADHESIVE, THE BED SHALL BE NOT LESS THAN 12.5 MM THICK.

HOMEOWNERS CAN EASILY CHECK THEIR TILE FLOORS BY LIFTING THE HEATING VENTS TO SEE THE PROFILE OF THE FLOOR STRUCTURE. IF THE MORTAR OR ADHESIVE HAS BEEN SPLATTERED OVER THE EDGE OF THE SUB-FLOOR MAKING IT DIFFICULT TO SEE THE ACTUAL MORTAR BED, YOU CAN DETERMINE THIS BY MEASURING THE TOTAL THICKNESS OF THE FLOOR AS FOLLOWS.

TYPICALLY A TILE FLOOR STRUCTURE TO MINIMUM CODE HAS A 16 MM (5/8") SUB-FLOOR, 12.5 MM (1/2") MORTAR BED, 3 MM (1/8") COMPRESSED ADHESIVE AND 6.35 MM (1/4") THICK CERAMIC TILE. (YOUR OWN TILE MAY VARY IN THICKNESS) BASED ON THIS, OUR TILE FLOORS SHOULD HAVE A MINIMUM THICKNESS OF 37.85 MM OR ABOUT 1 1/2". IN FACT, OUR TILE FLOORS FOR EXAMPLE ARE ONLY 31 MM AND 32 MM THICK RESPECTIVELY. BY CALCULATION WE HAVE 37.85 MM - 31 MM = 6.85 MM OF MORTAR MISSING LEAVING ONLY A 5.65 MM MORTAR BED. THE OTHER TILE FLOOR IS I MM THICKER SO IT HAS A 6.65 MM MORTAR BED. BOTH TILE FLOORS ARE WELL BELOW THE MINIMUM MORTAR BEDS REQUIRED BY THE ONTARIO BUILDING CODE.

THE OBVIOUS PROBLEM IS THAT EVEN IF YOU HAVE YET TO SUFFER DAMAGE FROM THIS CODE VIOLATION, YOU MAY IN THE FUTURE. WE HAVE CRACKING TILE NOW AFTER NEARLY 3 YEARS. IF YOU HAVE ALREADY EXPERIENCED CRACKING TILES OR DO SO IN THE FUTURE, AND CAN NO LONGER REPLACE THEM (DISCONTINUED STYLE) IT COULD CERTAINLY BE AN EXPENSIVE PROPOSITION FOR A HOMEOWNER TO TEAR UP AND REPLACE EXPENSIVE TILE FLOORS. SOME HOMEOWNERS HAVE TILED ENTIRE MAIN FLOOR AREAS AND IF THEY WERE NOT INSTALLED TO CODE YOU CAN IMAGINE THE EXPENSE TO REPLACE THOSE FLOORS.

IF THE BUILDER INSTALLED YOUR TILE FLOORS IN VIOLATION OF THE CODE AS WE HAVE EXPERIENCED IT SHOULD BE THE BUILDERS RESPONSIBILITY TO REMOVE THEM AND IF YOUR TILE IS NO LONGER AVAILABLE, REPLACE THEM WITH AN EQUIVALENT TILE AND BRING THE FLOORS UP TO CODE. IT IS HARD FOR ME TO UNDERSTAND THE MENTALITY OF SCRIMPING ON SUCH AN INEXPENSIVE ITEM AS MORTAR TO RUN THE RISK OF HAVING CRACKED TILES.

FIRST VIEW HOMES TOLD OUR BUILDING INSPECTOR (RELAYED TO US IN A VOICE MAIL MESSAGE) THAT THEY HAVE BUILT ALL THEIR TILE FLOORS THIS WAY STATING IT WAS TO SOME INDUSTRY STANDARD. GIVEN THE NUMBER OF HOMES THEY HAVE BUILT IN ONTARIO THIS COULD BE A VERY SERIOUS PROBLEM. WE CONTACTED AN ONTARIO BUILDING CODE ADVISER AT THE MINISTRY OF HOUSING TO VERIFY THE REQUIREMENTS AND IT WAS STATED THAT THE ONLY STANDARD ALLOWED IS WHAT IS SPECIFIED IN THE BUILDING CODE. WE FOUND THE MINISTRY OF HOUSING STAFF TO BE VERY HELPFUL AND WE WERE ADVISED TO CONTACT THE CITY BUILDING DEPARTMENT FOR AN INSPECTION.

YOU CAN VIEW THE ONTARIO BUILDING CODE ONLINE AT ONTARIO E-LAWS AND USING THE SEARCH TAB ENTER "BUILDING CODE" WHICH SHOULD BRING UP THESE LINKS TO VIEW EACH SECTION.

BUILDING CODE ACT, 1992 - O. REG. 350/06 (1 OF 5)
BUILDING CODE ACT, 1992 - O. REG. 350/06 (2 OF 5)
BUILDING CODE ACT, 1992 - O. REG. 350/06 (3 OF 5)
BUILDING CODE ACT, 1992 - O. REG. 350/06 (4 OF 5)
BUILDING CODE ACT, 1992 - O. REG. 350/06 (5 OF 5)

SECTION 4 INCLUDES “ PART 9. HOUSES & SMALL BUILDINGS” WHERE YOU WILL FIND THE CODE 9.30.6.4. RELATING TO CERAMIC TILE FLOORS.

WE CALLED THE BARRIE BUILDING INSPECTION DEPARTMENT AND THEY OBSERVED THE VIOLATION AND ISSUED AN ORDER TO COMPLY AGAINST FIRST VIEW HOMES. THE ORDER STATES UNDER "DESCRIPTION" IN REFERENCE TO 9.30.6.4. THAT "CONSTRUCTION HAS NOT PROCEEDED IN ACCORDANCE WITH THE ONTARIO BUILDING CODE CONTRARY TO SECTION 8-(12) OF THE ABOVE NOTED ACT IN THAT THE CERAMIC TILE IS NOT INSTALLED AS PER THE REQUIREMENTS OF THE ONTARIO BUILDING CODE". IT THEN STATES UNDER "REQUIRED ACTION" "YOU ARE REQUIRED TO REMOVE THE UNAUTHORIZED CONSTRUCTION AND TO COMPLETE ALL WORK IN STRICT ACCORDANCE WITH ONTARIO BUILDING CODE OR PROVE THAT THE EXISTING WORK COMPLIES WITH THE ONTARIO BUILDING CODE".

NEEDLESS TO SAY THE BUILDER WILL NEVER BE ABLE TO PROVE THIS CONSTRUCTION COMPLIES WITH CODE. THE BUILDER ALSO DID NOT APPEAL THIS ORDER IN COURT AND HAS NOT TO DATE, MADE AN APPLICATION TO APPEAL THIS ORDER WITH THE BUILDING CODE COMMISSION.

ANY BARRIE HOMEOWNERS, WHO SUSPECT THEY HAVE BUILDING CODE VIOLATIONS AND WANT THEM CORRECTED, SHOULD CALL FOR AN INSPECTION BY CONTACTING MR. GORD ALLISON, THE CHIEF BUILDING OFFICIAL AT 739-4220 EXT. 4323.