Energy, renovation and Division C administration

(1)A foundation of a building shall be designed by a professional engineer where,

(a)the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or

(b)underpinning of a foundation is to be undertaken.

(2)A sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be designed by a professional engineer.

(3)A shelf and rack storage system described in Section 3.16. of Division B shall be designed by a professional engineer.

(4)The time-based egress analysis for a shelf and rack storage system described in Sentence 3.16.1.7.(7) of Division B shall be prepared or provided by an architect or a professional engineer or a combination of both.

(5)The supporting framing structure and anchorage system for a tent occupying an area greater than 225 m² shall be designed by a professional engineer.

(6)A sign structure attached in any manner to a building shall be designed by an architect or a professional engineer or a combination of both where it is,

(a)a projecting sign that weighs more than 115 kg, or

(b)a roof sign that has any face that is more than 10 m².

(7)A projecting sign attached in any manner to a parapet wall shall be designed by an architect or a professional engineer or a combination of both.

(1)A person is exempt from the requirement to obtain a permit under section 8 of the Act,

(a)for the demolition of a farm building located on a farm,

(b)subject to Sentence (2), for the construction or demolition of a building in territory without municipal organization, or

(c)for the construction of a Class 1 sewage system.

(2)The exemption in Clause (1)(b) from the requirement to obtain a permit does not apply to the construction of a sewage system in territory without municipal organization.

(3)The application for a permit respecting the demolition of a building to which Sentence 1.2.2.3.(1) applies shall include descriptions of the structural design characteristics of the building and the method of demolition of the building.

(4)No person shall commence demolition of a building or any part of a building before the building has been vacated by the occupants except where the safety of the occupants is not affected.

(5)A tent or group of tents is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with the Code provided that the tent or group of tents are,

(a)not more than 60 m² in aggregate ground area,

(b)not attached to a building, and

(c)constructed more than 3 m from other structures.

(6)A shed is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code, provided that the shed,

(a)is not more than 15 m² in gross area,

(b)is not more than one storey in building height,

(c)is not attached to a building or any other structure,

(d)is used only for storage purposes ancillary to a principal building on the lot, and

(e)does not have plumbing.

(7)A demountable stage or demountable support structure not regulated by Section 3.17. of Division B is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code.

(1)Except as provided in Sentence (2), the following changes in use of a building or part of a building constitute an increase in hazard for the purposes of section 10 of the Act and require a permit under section 10 of the Act:

(a)a change of the major occupancy of all or part of a building that is designated with a “Y” in Table 1.3.1.4. takes place,

(b)a suite of a Group C major occupancy is converted into more than one suite of Group C major occupancy,

(c)a suite or part of a suite of a Group A, Division 2 or a Group A, Division 4 major occupancy is converted to a gaming premises,

(d)a farm building or part of a farm building is changed to another major occupancy other than a Group G major occupancy,

(e)a farm building or part of a farm building is changed to a Group G, Division 1 major occupancy.

(f)a building or part of a building is changed to a post-disaster building,

(g)a building or part of a building is changed to a retirement home, or

(h)the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined.

(2)A person is exempt from the requirement to obtain a permit under section 10 of the Act where the change in use of the building or part of the building will result from proposed construction and a permit under section 8 of the Act has been issued in respect of such construction.

(3)A person is exempt from the requirement to obtain a permit under section 10 of the Act for the change of use of a building in unorganized territory.

(1)The chief building official shall not issue a conditional permit for any stage of construction under subsection 8(3) of the Act unless compliance with the following applicable laws has been achieved in respect of the proposed building or construction:

(a)section 3 of the Building Transit Faster Act, 2020 with respect to the issuance of a permit under that section,

(b)section 28 of the Conservation Authorities Act with respect to the prohibition of development activities,

(c)sections 28.1, 28.1.1 and 28.1.2 of the Conservation Authorities Act with respect to a permit issued for the construction of a building or structure or for any change to a building or structure that would increase its size, alter its use or increase the number of dwelling units,

(d)regulations made by a conservation authority under clause 28(1)(c) of the Conservation Authorities Act as it read immediately before its repeal by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, with respect to permission of the authority for the construction of a building or structure if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development,

(e)section 17.2 of the Environmental Assessment Act with respect to the approval of the Minister or the Ontario Land Tribunal to proceed with a project,

(f)subsection 24(3) of the Niagara Escarpment Planning and Development Act,

(g)subsection 27(9) of the Ontario Heritage Act,

(h)subsection 30(2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alteration or demolition of a building where the council of the municipality has given a notice of intent to designate the building under subsection 29(3) of that Act,

(i)section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property,

(j)section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building,

(k)section 34.5 of the Ontario Heritage Act with respect to the consent of the Minister to the alteration or demolition of a designated building,

(l)subsection 34.7(2) of the Ontario Heritage Act with respect to a consent of the Minister to the alteration or demolition of a building where the Minister has given a notice of intent to designate the building under section 34.6 of that Act,

(m)by-laws made under section 40.1 of the Ontario Heritage Act,

(n)section 42 of the Ontario Heritage Act with respect to the permit given by the council of a municipality for the erection, alteration or demolition of a building,

(o)section 17.4 of the Ontario New Home Warranties Plan Act with respect to the provision of a confirmation by the Registrar for the construction of a residential condominium conversion project.

(2)For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where,

(a)a committee of adjustment has made a decision under section 45 of the Planning Act authorizing one or more minor variances from the provisions of any by-laws made under sections 34 and 38 of that Act,

(b)such minor variance or variances result in the achievement of full compliance with such by-laws, and

(c)no person informed the committee of adjustment of objections to the minor variances either in writing or in person at the hearing of the application.

(3)For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where the construction in respect of which the conditional permit is issued is required in order to comply with an order issued under subsection 21(1) of the Fire Protection and Prevention Act, 1997 or under subsection 15.9(4) of the Act.

(4)A permit issued under subsection 8(3) of the Act shall indicate its conditional nature.

(1)Where a permit has been issued pursuant to the Act, the person to whom it is issued shall have the permit or a copy of it posted at all times during construction or demolition in a conspicuous place on the property in respect of which the permit was issued.

(1)The person in charge of the construction of the building shall keep and maintain on the site of the construction,

(a)at least one copy of drawings and specifications certified by the chief building official or a person designated by the chief building official to be a copy of those submitted with the application for the permit to construct the building, together with changes that are authorized by the chief building official or a person designated by the chief building official,

(b)copies of authorizations of the Building Materials Evaluation Commission on the basis of which the permit was issued, and

(c)copies of rulings of the Minister, made under clause 29(1)(a) or (c) of the Act, on the basis of which the permit was issued.

(1)Except as permitted in Sentence 1.3.3.2.(1), a person may occupy or permit to be occupied any building or part of it that has not been fully completed at the date of occupation where the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it prior to its completion in accordance with Sentence (3).

(2)Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. applies or a building or part of it to which Article 1.3.3.8. applies.

(3)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building, where,

(a)the structure of the building or part of it is completed to the roof,

(b)the enclosing walls of the building or part of them are completed to the roof,

(c)the walls enclosing the space to be occupied are completed, including balcony guards,

(d)all required fire separations and closures are completed on all storeys to be occupied,

(e)all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails, from the uppermost floor to be occupied down to grade level and below if an exit connects with lower storeys,

(f)all shafts including closures are completed to the floor-ceiling assembly above the storey to be occupied and have a temporary fire separation at such assembly,

(g)measures have been taken to prevent access to parts of the building and site that are incomplete or still under construction,

(h)floors, halls, lobbies and required means of egress are free of loose materials and other hazards,

(i)if service rooms should be in operation, required fire separations and closures are completed,

(j)all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

(k)required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

(l)required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,

(m)required standpipe, sprinkler and fire alarm systems are complete and operational up to and including all storeys to be occupied, together with required pumper connections for such standpipes and sprinklers,

(n)required fire extinguishers have been installed on all storeys to be occupied,

(o)main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,

(p)required firefighting access routes have been provided and are accessible, and

(q)the sewage system has been completed and is operational.

(4)Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of the building, the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (3) after receipt of a certificate for the occupancy of a building not fully completed issued by the registered code agency in respect of the building.

(5)Where applicable, the chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of the building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

(1)Where a person has occupied or permitted the occupancy of a building under Article 1.3.3.1. or 1.3.3.2., such person shall notify the chief building official forthwith upon completion of the building.

(1)This Article sets out the notices that are required under section 10.2 of the Act.

(2)The person to whom a permit under section 8 of the Act is issued shall notify the chief building official or, where a registered code agency is appointed under the Act in respect of the construction to which the notice relates, the registered code agency of,

(a)readiness to construct footings,

(b)substantial completion of footings and foundations prior to commencement of backfilling,

(c)substantial completion of structural framing and ductwork and piping for heating and air-conditioning systems, if the building is within the scope of Part 9 of Division B,

(d)substantial completion of structural framing and roughing-in of heating, ventilation, air-conditioning and air-contaminant extraction equipment, if the building is not a building to which Clause (c) applies,

(e)substantial completion of insulation and vapour barriers,

(f)substantial completion of air barrier systems,

(g)substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems,

(h)substantial completion of fire access routes,

(i)readiness for inspection and testing of,

(i)building sewers and building drains,

(ii)water service pipes,

(iii)fire service mains,

(iv)drainage systems and venting systems,

(v)the water distribution system, and

(vi)plumbing fixtures and plumbing appliances,

(j)readiness for inspection of suction and gravity outlets, covers and suction piping serving outlets of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or a public spa,

(k)substantial completion of the circulation / recirculation system of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or public spa and substantial completion of the pool before it is first filled with water,

(l)readiness to construct the sewage system,

(m)substantial completion of the installation of the sewage system before the commencement of backfilling,

(n)substantial completion of installation of plumbing not located in a structure, before the commencement of backfilling,

(o)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.1.(3) or to permit occupancy under Sentence 1.3.3.2.(1), if the building or part of the building to be occupied is not fully completed, and

(p)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.4.(4), 1.3.3.5.(3) or 1.3.3.7.(8).

(q)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.8.(2).

(1)Where a by-law, resolution or regulation has been made by a principal authority under clause 7(1)(g) of the Act, the chief building official may require that as constructed plans for the whole of, or any part or system of, a building or any class of buildings be provided by the persons responsible for the construction.

(1)The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that,

(a)identifies applicable objectives, functional statements and acceptable solutions, and

(b)establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A.

(2)The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.

(1)Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable.

(2)The results of tests or evaluations based on test standards, other than as described in this Code, may be used for the purposes of Sentence (1), if the alternate test standards provide comparable results.

(1)Sentence (2) sets out criteria to be followed by the Minister when making a ruling under clause 29(1)(c) of the Act to approve the use of an alternative material, system or building design.

(2)The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may be granted only if the approval is consistent with,

(a)a decision of the Building Code Commission in respect of a dispute described in clause 24(1)(a) of the Act,

(b)an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or

(c)a revision of the NRCC-CONST-56435E 2020, “National Building Code of Canada”, or the NRCC-CONST-56436E 2020, “National Plumbing Code of Canada”, that has been approved by the Canadian Commission on Building and Fire Codes.

(1)Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public,

(a)by posting the interpretation on the Building Code website, and

(b)by providing a written copy of the interpretation on receipt of a request for it.