Design, general review, permits and inspections (Division C Part 1)

(1)Subject to Sentences (2) and (3) and unless the circumstances set out in Sentence (6) exist, if an application for a permit under subsection 8(1) of the Act that meets the requirements of Sentence (5) is submitted to a chief building official, the chief building official shall, within the time period set out in Column 2 of Table 1.3.1.3. corresponding to the class of building described in Column 1 of Table 1.3.1.3. for which the application is made,

(a)issue the permit, or

(b)refuse to issue the permit and provide in writing all of the reasons for the refusal.

(2)If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of two or more buildings of different classes described in Column 1 of Table 1.3.1.3. that have different time periods in Column 2 of Table 1.3.1.3., the longer of the time periods shall be the time period for the purposes of Sentence (1).

(3)If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of a building described in Sentence (4), the time period for the purposes of Sentence (1) shall be the longer of,

(a)10 days, and

(b)the time period corresponding to the class of the building described in Column 1 of Table 1.3.1.3. that the building described in Sentence (4) serves, if any.

(4)A building referred to in Sentence (3) is,

(a)a structure occupying an area of 10 m² or less that contains plumbing, including the plumbing appurtenant to it,

(b)plumbing not located in a structure,

(c)a sewage system, or

(d)a structure designated in Article 1.3.3.5. of Division A.

(5)The requirements that an application for a permit under subsection 8(1) of the Act must meet for the purposes of Sentence (1) are,

(a)that the application is made in the form described in Sentence 1.3.1.2.(2),

(b)that the applicant for the permit is a person described in Clause 1.3.1.2.(1)(a) or (b),

(c)that all applicable fields on the application form and required schedules are completed,

(d)that all required schedules are submitted with the application,

(e)that payment is made of all fees that are required, under the applicable by-law, resolution or regulation made under clause 7(1)(c) of the Act, to be paid when the application is made, and

(f)that the applicant has declared in writing that,

(i)the application meets all the requirements set out in Clauses (a) to (e),

(ii)the application is accompanied by the plans and specifications prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Act,

(iii)the application is accompanied by the information and documents prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Act which enable the chief building official to determine whether the proposed building, construction or demolition will contravene any applicable law, and

(iv)the proposed building, construction or demolition will not contravene any applicable law.

(6)The chief building official is not required to make a decision within the time period required by Sentence (1) with respect to an application that meets the requirements of Sentence (5) if the chief building official,

(a)determines that,

(i)the application is not accompanied by the plans, specifications, information and documents referred to in Subclauses (5)(f)(ii) and (iii), or

(ii)the proposed building, construction or demolition will contravene any applicable law, and

(b)advises the applicant of his or her determination and provides in writing the reasons for the determination within two days.

(7)Subject to Sentences (9) and (10), the time period described in Sentences (1) to (3) and in Clause (6)(b) shall begin on the day following the day on which an application that meets the requirements of Sentence (5) is submitted to the chief building official.

(8)The time periods described in Column 2 of Table 1.3.1.3. and in Clause (6)(b) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

(9)The time period in Sentence (10) applies where,

(a)an application is made for the construction of a building that is served by a sewage system,

(b)construction is proposed in respect of the sewage system that serves the building, and

(c)a board of health, conservation authority, planning board or the council of an upper-tier municipality is responsible for the enforcement of the provisions of the Act and this Code related to the sewage system under section 3.1 of the Act or pursuant to an agreement under section 6.2 of the Act.

(10)The time period described in Sentences (1) to (3) and in Clause (6)(b) for an application referred to in Clause (9)(a) shall begin on the day following the later of,

(a)the day on which an application that meets the requirements of Sentence (5) is submitted to the chief building official, and

(b)the day on which a permit for the construction of the sewage system referred to in Clause (9)(b) is issued.

(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)A person may occupy or permit to be occupied a building intended for residential occupancy that has not been fully completed at the date of occupation provided that,

(a)the building,

(i)is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

(ii)has not more than 1 dwelling unit above another dwelling unit,

(iii)has not more than 2 dwelling units sharing a common means of egress,

(iv)has no accommodation for tourists, and

(v)is not used for a retirement home,

(b)the following building components and systems are complete, operational and inspected:

(i)required exits, handrails and guards, fire alarm and detection systems, and fire separations,

(ii)required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and a dwelling unit,

(iii)water supply, sewage disposal, lighting and heating systems, and

(iv)protection of foamed plastics required by Article 9.10.17.10. of Division B,

(c)the following building components and systems are complete, operational, inspected and tested:

(i)water systems,

(ii)building drains and building sewers, and

(iii)drainage systems and venting systems, and

(iv)where applicable, the building conforms to Article 9.1.1.7. of Division B.

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

(3)Where applicable, a person shall not occupy or permit to be occupied a building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

(1)Subject to Sentence (2), if the council of a municipality assigns specific responsibility for the enforcement of any portion of this Code respecting fire safety matters to an inspector who is the chief of the fire department of the municipality, the chief building official shall not issue a permit to construct a building unless the inspector approves the drawings submitted with the application for the permit as complying with that portion of this Code.

(2)If a registered code agency has been appointed under clause 4.1(4)(a) or (c) of the Act,

(a)a municipality shall not assign responsibility under Sentence (1) to the chief of the fire department with respect to a building for which the registered code agency has been appointed, and

(b)any assignment of responsibility under Sentence (1) with respect to a building for which the registered code agency is appointed shall be cancelled as of the date of the appointment.

(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)Except as provided in Sentence (2), an inspector or registered code agency, as the case may be, shall, not later than two days after receipt of a notice given under Sentence 1.3.5.1.(2), undertake a site inspection of the building to which the notice relates.

(2)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(l) or (m), an inspector or registered code agency, as the case may be, shall, not later than five days after receipt of the notice, undertake a site inspection of the sewage system to which the notice relates.

(2.1)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(q), an inspector or registered code agency, as the case may be, shall, not later than ten days after receipt of the notice, undertake a site inspection of the building to which the notice relates.

(3)When undertaking an inspection required under Sentence (1), (2) or (2.1), the inspector or registered code agency, as the case may be, may consider reports concerning whether the building or a part of the building complies with the Act or this Code.

(4)For greater certainty, when undertaking an inspection required under Sentence (1), (2) or (2.1), the inspector or registered code agency, as the case may be, may choose to not attend at the physical site of the building and may instead undertake the inspection using other means.

(5)The time periods referred to in Sentences (1), (2) and (2.1) shall begin on the day following the day on which the notice is given.

(6)The time periods referred to in Sentences (1), (2) and (2.1) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

(1)The following information is prescribed for the purposes of subsection 15.12(3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system:

(a)the information described in Sentence 3.3.4.1.(2) as it relates to,

(i)the person registered under Article 3.3.3.2., and

(ii)the person with the qualifications described in Clause 3.3.3.2.(1)(a) who will supervise construction on-site of the sewage system, and

(b)the name and telephone number of the representative of the person described in Subclause (a)(i) who may be contacted by the chief building official in respect of the construction of the sewage system.

(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)All required signs in this Code shall be displayed in the English language or in the English and French languages, including operational material on all life safety equipment and devices.

(1)This Section applies to houses that,

(a)have not more than one dwelling unit,

(b)are 37 m² or less in building area, and

(c)are to be,

(i)partially constructed in one municipality and moved to be installed at a location in another municipality without having been previously occupied, or

(ii)partially constructed at one location and moved to be installed at a location that is not yet known without having been previously occupied.

(2)Except as provided in this Section, the requirements in this Part apply to houses described in Sentence (1).

(1)Except as provided in Sentence (2), a manufactured building or a manufactured part of a building within the scope of Part 3 is deemed to comply with this Code if it is certified in accordance with CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels.”

(2)The requirements of this Code shall apply to,

(a)building components designed and constructed outside the place of manufacture, and

(b)site installation of such buildings.