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MR96-07-047-(12709-R)

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BUILDING CODE ACT, 1992
 

RULING OF THE MINISTER OF HOUSING

RULING: 96-07-047-(12709-R)


Pursuant to Section 29 of the Building Code Act, 1992, the Director of the Housing Development and Buildings Branch as delegate of the Minister of Municipal Affairs and Housing hereby approves the use of Modiflex 180-FS as a waterproofing membrane for below grade concrete and masonry walls, subject to the following terms and conditions:

MANUFACTURER/AGENT

IKO Industries Ltd.
40 Hansen Road South
Brampton, Ontario
L6W 3H4

MANUFACTURING FACILITIES

IKO Industries Ltd.
40 Hansen Road South
Brampton, Ontario
L6W 3H4

  1. SPECIFIC CONDITIONS

    1. The use of Modiflex 180-FS is approved in respect to the provisions concerning the application of waterproofing membranes for below grade concrete and masonry walls contained in Article 9.13.3.2. of the Revised Regulations of Ontario 1990, Regulation 61 as amended or remade from time to time (the "Ontario Building Code"),
    2. The use of Modiflex 180-FS must comply with the Building Code Act, 1992, and except as specifically provided otherwise in this Ruling, with the Ontario Building Code,
    3. The use of Modiflex 180-FS must be in accordance with Canadian Construction Materials Centre ("CCMC") Evaluation Report No. CCMC 12709-R, issued on November 17, 1995 as revised from time to time (the "Evaluation Report") provided that references in the Evaluation Report to Article 9.13.3.2. of the National Building Code of Canada, 1990 shall be deemed to be references to Article 9.13.3.2. of the Ontario Building Code,
    4. A copy of this Ruling shall be attached to the application for a building permit, and
    5. This Ruling is valid only for Modiflex 180-FS manufactured at the facilities outlined in Section 2 ("Manufacturing Facilities") of this Ruling.

  2. GENERAL CONDITIONS

    The Minister or his/her delegate may amend or revoke this Ruling if:

    1. the Evaluation Report is amended by the CCMC;
    2. the Evaluation Report expires in accordance with the CCMC's General Conditions for Evaluation Reports;
    3. the Evaluation Report is rendered void in accordance with the CCMC's General Conditions for Evaluation Reports by reason of alterations to products or relocation of manufacturing facilities described in the Evaluation Report without prior agreement by the CCMC;
    4. the Evaluation Report is withdrawn by the CCMC in accordance with the CCMC's General Conditions for Evaluation Reports where, in the opinion of the CCMC:

      1. the level of performance, in-situ, of the product described in the Evaluation Report is unsatisfactory;
      2. the proponent of such product fails to fulfil its obligations as set out in the CCMC's General Conditions for Evaluation Reports; or
      3. such product may pose any danger to the health or safety of the user of such product;

    5. the Minister or his/her delegate determines that the use of the material, system or building design authorised by this Ruling:

      1. will not comply with the Building Code Act, 1992 or any relevant law as they may be amended or reenacted from time to time; or
      2. provides an unsatisfactory level of performance, in situ; or

    6. any Ontario Building Code provision relevant to this Ruling is amended or remade.

Dated at Toronto this 3rd day in the month of September in the year 1996 on the behalf of:

DIRECTOR, HOUSING DEVELOPMENT AND BUILDINGS BRANCH