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Condition
FH 6.1: Inadequate Water Supply
Article Type
Freehold
Article Number
6.1
Performance

Water supply from private water sources (e.g. wells) may fluctuate from time to time. Water supply from municipal water sources may vary with the supplied pressure.

Warranty

None

Action

None

Condition
FH 6.3: Pipes are leaking
Article Type
Freehold
Article Number
6.3
Warranty Year(s)
Two Year
Performance
Domestic water supply and drainpipes shall not leak.
Warranty
Two-Year - Delivery and Distribution Systems. · Damage resulting from improper maintenance or additions, deletions or alterations made by the homeowner is excluded from the statutory warranty. · Secondary damage caused by defects, such as property damage or personal injury, is excluded from the statutory warranty.
Action
Pipes not meeting the acceptable performance shall be repaired.
Condition
FH 6.5: Plumbing pipes are frozen and/or burst
Article Type
Freehold
Article Number
6.5
Performance

Plumbing pipes shall be protected from freezing in accordance with the Building Code.

Action

Plumbing pipes not meeting the acceptable condition shall be repaired.

Condition
FH 6.7: Condensation Appears on Water Supply Pipes and Toilets
Article Type
Freehold
Article Number
6.7
Performance

Condensation on water supply pipes and toilets may occur when indoor relative humidity is high.

Warranty

None

Action

None

Condition
FH 6.9: Defective Plumbing Fixtures, Appliances or Trim Fittings
Article Type
Freehold
Article Number
6.9
Warranty Year(s)
One Year
Performance

Plumbing fixtures, appliances or trim fittings shall be free of both visual and performance defects.

Warranty

One-Year - Work and Materials. · Damage resulting from improper maintenance is excluded from the statutory warranty.

Action

Defective products shall be repaired or replaced.

Condition
FH 6.10: Cracking or chipping of Porcelain, Enamel or fibreglass surfaces
Article Type
Freehold
Article Number
6.10
Warranty Year(s)
One Year
Performance

Surfaces exposed to view shall be free from visible damage at the time of the PDI.

Warranty

One-Year - Work and Materials. · Damage not recorded on the PDI Form is excluded from the statutory warranty. · Damage resulting from normal wear and tear is excluded from the statutory warranty.

Action

Visible damage shall be repaired.

Condition
FH 6.12: Manufactured Solid-Surface Countertop (Integrated Basin) Cracks At The Drain
Article Type
Freehold
Article Number
6.12
Warranty Year(s)
One Year
Performance

Manufactured solid-surface countertops shall be installed to prevent stress cracking and in accordance with the manufacturer’s specifications.

Warranty

One-Year - Work and Materials. · Damage resulting from improper maintenance or additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.

Action

Manufactured solid-surface countertops not meeting the acceptable performance shall be repaired.

Condition
FH 6.13: Toilet takes more than one flush to empty
Article Type
Freehold
Article Number
6.13
Warranty Year(s)
One Year
Performance

Toilets (water closets) shall flush waste into the drainage system.

Warranty

One-Year - Work and Materials. · Drain restrictions due to improper maintenance are excluded from the statutory warranty.

Action

Where defective installation or product is determined repairs shall be made.

Condition
FH 6.14: Sewer, Drains Or Fixtures Blocked
Article Type
Freehold
Article Number
6.14
Warranty Year(s)
One Year
Performance

Sanitary drainage systems and fixtures shall drain waste products to a public sanitary sewer or private sewage disposal system without interruption.

Warranty

One-Year - Work and Materials Two-Year - Delivery and Distribution Systems Seven-Year - Major Structural Defect 

Damage caused by municipal services or other utilities, and blocked sanitary drainage systems resulting from vegetation or alterations, improper maintenance or use by the homeowner, are excluded from the warranty. A complete list of “CONDITIONS NOT COVERED UNDER WARRANTY” is on p.15 of the Guidelines.

Action

Sanitary drainage systems and fixtures not meeting the acceptable condition shall be repaired. Complete failure of sanitary drainage systems is considered to be an emergency situation. For information about the warranty process for emergency situations, please visit Tarion’s website.

Condition
FH 6.15: Colour Variation in Sinks, Tubs or bidets (plumbing fixtures)
Article Type
Freehold
Article Number
6.15
Warranty Year(s)
One Year
Performance
Colour shall be consistent within a fixture. However, slight colour variation from one fixture to another is acceptable.
Warranty
One-Year – Work and Materials
Action
Fixtures not meeting the acceptable condition shall be repaired.
Condition
CE 7.5: Faucet Or Fixture Leaking
Article Type
Common Element
Article Number
7.5
Warranty Year(s)
One Year
Performance

Faucets or plumbing fixtures shall not leak, drip or run when fully closed or shut off.

Warranty

One-Year – Work and Materials

Action

Faucets or fixtures not meeting the acceptable performance shall be repaired.

Condition
CE 7.7: Noisy Water Supply Pipes
Article Type
Common Element
Article Number
7.7
Warranty Year(s)
One Year
Performance

Water supply pipes shall be installed to minimize noise caused by water hammer or vibration/pipe movement.

Warranty

One-Year – Work and Materials. Two-Year - Delivery and Distribution Systems.

Action

Water supply pipes not meeting the acceptable performance shall be repaired.

Condition
CE 7.12: Excessive Noise/Vibration From Mechanical Equipment
Article Type
Common Element
Article Number
7.12
Warranty Year(s)
One Year
Performance

Mechanical equipment shall be installed with appropriate sound and vibration control measures to limit noise and vibration transmission to occupied spaces.

Warranty

One-Year - Work and Materials.

Action

Installations not meeting the Acceptable Performance shall be modified.

Condition
CE 7.14: Cross Contamination (Exhaust Near Intake)
Article Type
Common Element
Article Number
7.14
Warranty Year(s)
One Year
Performance

Air intakes shall be located to minimize the potential for cross-contamination from adjacent exhaust systems.

Warranty

One-Year - Materials and Workmanship. Two-Year - Ontario Building Code Health and Safety Violations, Distribution and Delivery

Action

Air handling systems not meeting the Acceptable Performance shall be modified.

Condition
CE 7.15: Equipment Cannot Be Maintained
Article Type
Common Element
Article Number
7.15
Warranty Year(s)
One Year
Performance

Equipment shall be installed in such a manner that it can be accessed for maintenance. Clearances shall be adequate to permit required maintenance.

Warranty

One-Year - Work and Materials

Action

Equipment not meeting the Acceptable Performance shall be relocated or modified.

Condition
CE 7.17: Inadequate Air Supply
Article Type
Common Element
Article Number
7.17
Warranty Year(s)
One Year
Performance

Air supply systems shall provide the air flow required by the design.

Warranty

One-Year - Work and Materials. Two-Year - Distribution and Delivery

Action

Systems not meeting the Acceptable Performance shall be repaired.

Condition
Common Element 7.19: Inadequate Cooling
Article Type
Common Element
Article Number
7.19
Warranty Year(s)
One Year
Performance

If a cooling system is provided, it shall be capable of maintaining indoor air temperature at the temperature specified in the design for the geographic location of the building. Not all cooling systems are intended to run all year, so this requirement only applies to the portion of the year that the design indicates is to be provided with cooling.

Warranty

One-Year - Work and Materials

Action

Where the cooling system is not capable of achieving the acceptable performance, repairs shall be made.

Condition
FH 8.3: Kitchen Or Bath Fans Allow Cold Air Infiltration Or Drafts
Article Type
Freehold
Article Number
8.3
Warranty Year(s)
One Year
Performance

Kitchen and bath exhaust fans shall be installed with back draft dampers as per manufacturer’s specifications.

Warranty

One-Year - Work and Materials. · Damage resulting from improper maintenance or additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.

Action

Kitchen and/or bath exhaust fans not meeting the acceptable condition shall be repaired.

Condition
FH 8.5: Condensation And/Or Frost On Windows
Article Type
Freehold
Article Number
8.5
Performance
Condensation may occur on interior window surfaces and is not covered under warranty.
Warranty
None.
Action
None
Condition
FH 8.8: Heating, ventilating or air conditioning (HVAC) systems not installed properly
Article Type
Freehold
Article Number
8.8
Warranty Year(s)
One Year
Performance
HVAC appliances shall be installed to meet the manufacturer’s specifications and the Building Code. Ductwork and piping shall be joined and supported to maintain joint integrity.
Warranty
One-Year - Work and Materials.Two-Year - Ontario Building Code Health & Safety Violations.Two-Year - Heating Delivery and Distribution SystemsDamage resulting from alterations, deletions or additions by the homeowner, or improper maintenance, is excluded from the statutory warranty.
Action
Where builder-supplied and installed appliances, ductwork and piping do not meet the acceptable performance, repairs shall be made.
Condition
FH 8.9: Inadequate Heating
Article Type
Freehold
Article Number
8.9
Warranty Year(s)
One Year
Performance

Heating systems shall be capable of maintaining an indoor air temperature of: a) 22°C in living spaces and unfinished basements b) 15°C in crawl spaces; at the design temperature for the geographical location.

Warranty

One-Year - Work and Materials. Two-Year - Delivery and Distribution Systems. · Damage resulting from alterations, deletions or additions made by the homeowner and from improper maintenance is excluded from the statutory warranty.

Action

Where the heating system is not capable of maintaining the prescribed temperature, repairs shall be made.

Condition
FH 8.11: Noisy Ductwork
Article Type
Freehold
Article Number
8.11
Performance

Ductwork may make noise as it expands and contracts during heating and cooling cycles.

Warranty

None

Action

None

Condition
FH 8.13: Noise can be Heard at Register
Article Type
Freehold
Article Number
8.13
Warranty Year(s)
One Year
Performance
Floor registers and cold air return grilles shall be installed to prevent rattling.
Warranty
One-Year - Work and Materials. Damage resulting from improper maintenance, or from additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.
Action
Floor registers or cold air return grilles not meeting the acceptable condition shall be repaired.
Condition
FH 8.17: There are Gaps Between Heat Diffusers, Cold Air Return Grilles and Ventilation Grilles and the Adjacent Surfaces
Article Type
Freehold
Article Number
8.17
Warranty Year(s)
One Year
Performance

Heat diffusers, cold air return grilles and ventilation intake grilles shall be installed securely and be generally flush with the adjacent surface. Minor gaps between the diffuser or grille and the adjacent surface are acceptable.

Warranty

One-Year - Work and Materials. · Damage resulting from improper maintenance, or from additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.

Action

Heat diffusers, cold air return grilles and ventilation grilles not meeting the acceptable condition shall be repaired.

Condition
FH 11.12: Staining Of Natural Stone Products
Article Type
Freehold
Article Number
11.12
Performance
Natural quarried stone products are subject to staining, even when sealed.
Warranty
None.
Action
None.
Remarks

Confirm proper operation of faucets and fixtures during the PDI and record any malfunction on the PDI Form, to avoid any dispute about whether the damage was caused by the builder. The Building Code requires flow control devices on faucets, showerheads, and fixtures for water conservation purposes, which can affect the water flow. After occupancy, the builder is not responsible for contamination or reduced water capacity from private water sources provided it can be shown there was a supply of potable water at the time of occupancy. Variations in pressure from municipal services can occur during peak usage times, from burst water mains or fire protection services using the system. See Also: 6.2 THE DOMESTIC WATER SUPPLY SYSTEM DOES NOT DELIVER WATER 6.3 PIPES ARE LEAKING

Remarks
Condensation on piping should not be mistaken for a leaking pipe. Condensation on cold-water supply pipes is not covered by the statutory warranty. High indoor humidity is the main cause of condensation on pipes. If a leak is detected in a water supply pipe, the main water supply valve should be turned off immediately until the builder’s representative can assess the condition. 
Remarks

Homes must be kept at temperatures to prevent freezing at all times. If this is not possible, proper precautions should be taken to prevent freezing such as shutting off and draining the water supply system. For exterior hose bibs, shut off any associated interior valves and leave the exterior valve open as part of a regular seasonal maintenance program. Garden hoses must also be disconnected from the exterior hose bib. If a burst pipe is detected in a water supply pipe, the main water supply valve should be turned off immediately until the builder’s representative can assess the condition. 

Remarks

Condensation may appear on water supply lines and toilets from time to time and is normal. 

Remarks

Confirm proper operation of plumbing fixtures during the PDI and record any malfunction on the PDI Form. Plumbing fixtures, appliances or trim fittings must be maintained in accordance with the manufacturer’s instructions. See Also: 6.4 FAUCET OR FIXTURE IS LEAKING 6.6 BATHTUB OR SHOWER LEAKS

Remarks

Only identified damages recorded on the PDI form are eligible for warranty coverage. Maintain porcelain, enamel or fiberglass surfaces in accordance with the manufacturer’s instructions. Professional re-finishing of porcelain, enamel or fiberglass surfaces are acceptable repairs. The coulour/texture of repaired areas shall match the existing as closely as possible.

Remarks

Identify any damaged countertops during the PDI and record any damage on the PDI Form, to avoid any dispute about whether the damage was caused by the builder. Manufactured solid-surface countertops can be brittle and damaged by impact. Over-tightening of drains or fasteners may cause stress cracks. Care should be taken when cleaning or servicing to prevent cracking or chipping. See Also: 11.9 SCRATCHES/CHIPS ON COUNTERTOPS

Remarks

Newer low-volume toilets, which are required for new homes by the Building Code, use less water to flush waste than older models, making their operation more sensitive to the effects of the: · amount of waste · amount of paper · volume of water in the tank. As a result, multiple flushes may be required.

Remarks

Sewage backups into fixtures or drains (e.g., toilets, shower drains, laundry floor drains) are indicative of an interruption in the sewage disposal system. Backups occur when wastewater cannot drain freely to the main sewer system or septic field and has nowhere to go but to back up into fixtures or up through floor drains. This may be the result of a blockage, collapsed drainage pipe or a faulty backwater valve. This condition is warranted only if the blockage or backup results from the work or materials supplied by the builder. To help keep the sewage system working well and prevent sanitary sewer blockages, it is important not to flush or put the following products down drains: Hygiene products including sanitary napkins/liners, tampons, condoms, wipes (flushable/biodegradable/regular), cotton swabs, dental floss, diapers or rags. Fats, oils and cooking grease. When faced with a sewage backup, it is recommended that the plumbing in the home not be used until the stoppage is cleared out. This is to minimize further damage to the home. With respect to septic systems, improper maintenance by the homeowner includes: Connection of sump pump, roof drains or backwash from a water conditioner into the system. Placement of non-biodegradable items into the system. Use as food waste/grease disposal. Placement of surfaces not permeable to water over the disposal area of the system. Allowing vehicles to drive or park over the disposal area of the system.  Failure to pump out the septic tank periodically, as required. Use that exceeds the system’s design standards. See also6.9 DEFECTIVE PLUMBING FIXTURES, APPLIANCES OR TRIM FITTINGS Notes: Words in italics are defined in the “TERMINOLOGY” section on page 19. This article was revised on May 24, 2024.

Remarks
Colours from different manufacturers and/or colours between different materials may vary (fiberglass, porcelain, plastic).
Remarks

Some vibration may relate to poor maintenance of fixtures. The sound of water flowing through pipes is normal and not covered by the statutory warranty.

Remarks

“Occupied spaces” means those areas normally occupied by residents. Noises or vibration likely to disturb the quiet enjoyment of a reasonable occupant should be addressed.

Remarks

In some instances specialized equipment may be needed to access some equipment for maintenance; this is not warranted.

Remarks

Typically a balancing report is used to demonstrate that a system meets design requirements.

Remarks

Because they are connected to the exterior by a duct, ventilation fans are indirectly open to outside air. Even though these types of fans come equipped with dampers, they are not completely effective at eliminating cold air infiltration. Sometimes they can become obstructed and not close fully. As part of regular home maintenance, vent terminations on exterior walls should be inspected periodically to ensure the openings are not obstructed (e.g. by birds or other animals). See Also: 8.7 INSUFFICIENT INSULATION

Remarks
Condensation occurs when water vapour in indoor air comes in contact with cool surfaces such as window glass. Condensation on interior window surfaces is common during cold seasons. When outdoor temperatures are well below freezing, ice may form at the bottom of windows. Condensation is not water penetration.It is important for homeowners to maintain proper humidity levels within the home. Condensation forming on windows is a common condition even when humidity levels are properly maintained. Damage caused by dampness or condensation due to failure by the homeowner to maintain adequate ventilation is excluded from the statutory warranty.Interior air moving over the windows can help control condensation. Heavy draperies or window coverings that cover windows, and blocked heat diffusers, can prevent this from happening. Running the ventilation fan or your heat recovery (HRV) or energy recovery ventilator (ERV) and furnace fan continuously during winter months in conjunction with the principal exhaust fan (or running the HRV/ERV and furnace fan continuously where the HRV/ERV replaces the principal fan) can also help reduce condensation on windows.NotesThis Article, as revised, applies to all conciliations after January 1, 2019.See Also:3.4 WINDOW GLASS AND/OR SCREEN IS DAMAGED3.5 GLASS IS SCRATCHED 3.6 GLASS IS CRACKED3.6 GLASS IS CRACKED3.7 WINDOW UNIT LEAKS DURING RAIN3.8 CONDENSATION FORMING BETWEEN INSULATING (FACTORY SEALED) GLASS UNIT
Remarks
Confirm proper operation of the HVAC system during the PDI. Defects discovered after the PDI will be covered by the statutory warranty if they result from the builder’s work. Appliances such as the furnace and water heater are located at the discretion of the builder within the requirements of the governing authority.NotesThis Article, as revised, applies to all conciliations after January 1, 2019.See Also:8.9 INADEQUATE HEATING8.10 INADEQUATE COOLING
Remarks

Several factors affect living space temperatures: a) Directional orientation - north-facing rooms are generally cooler than south-facing rooms. b) Windows - glass has little insulating value and allows more heat to escape from the room. c) Rooms over garages - have insulated floors that lose heat to the unheated garage below. d) Airflow - free airflow from the supply outlet in a room to a return inlet or undercut door is essential. Generally, a minimum 25 mm space under interior doors above the finished floor covering should be provided. e) Personal preference - personal comfort differs between individuals. f) Use of programmable thermostats. Balancing the air delivery system may not completely compensate for the effects of these factors. In determining the temperature of a room, measurements shall be taken in the center of the room at 1,500 mm above the floor. Heat loss calculations and duct designs assist in determining the furnace size and adequacy of the heating system. See Also: 8.8 HEATING, VENTILATING OR AIR CONDITIONING (HVAC) SYSTEMS NOT INSTALLED PROPERLY

Remarks

None

Remarks
The sound of air movement at floor registers or cold air return grilles is normal, but they should not rattle under normal use. See Also: 8.11 NOISY DUCTWORK
Remarks

None

Remarks
Quarried stone products, including but not limited to countertops, shower walls, shower seats, backsplashes etc. are products of nature. Stones are porous materials; therefore, any spilled substances, including water, requires immediate attention. Not all stone products are sealed at the time of installation and if unsealed will require application. Regular reapplication of sealant is a part of homeowner maintenance.Sealers that are applied when installed may prevent some stains. However, even sealed products are susceptible to staining if proper care is not taken.Stains on stone products like countertops, shower walls, shower seats, etc. not identified on the PDI Form will be excluded from the statutory warranty, unless the homeowner is able to establish that the damage was caused by the builder.NotesThis Article applies to all conciliations after January 1, 2019.See also:11.8 CRACKS IN COUNTERTOP SURFACES11.10 SEAMS (JOINTS) IN STONE COUNTETOPS ARE TOO WIDE OR OPEN11.11 SURFACE PITS, FISSURES OR VEINS IN NATURAL STONE COUNTERTOPS

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