Renovation, motion sensors and Division C administration

(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)No person shall occupy or permit to be occupied a building within the scope of Article 3.2.2.51. or 3.2.2.60. of Division B, or part of it, unless 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 in accordance with Sentence (3).

(2)This Article does not apply in respect of the occupancy of an existing building, or part of it, that has been subject to extension or material alteration or repair.

(3)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building described in Sentence (1), where

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

(b)the building envelope, including, but not limited to, cladding, roofing, windows, doors, assemblies requiring fire-resistance ratings, closures, insulation, vapour barriers and air barriers, is complete,

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

(d)all required fire separations and closures are completed,

(e)all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails,

(f)all shafts including closures are completed,

(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,

(m)required standpipe, sprinkler and fire alarm systems are complete and operational, together with required pumper connections for such standpipes and sprinklers,

(n)required smoke alarms and carbon monoxide alarms are complete and operational,

(o)required fire extinguishers have been installed,

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

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

(r)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 a building described in Sentence (1), 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 described in Sentence 1.3.3.5.(1) of Division C issued by the registered code agency in respect of the building.

(1)This Article applies to a building,

(a)that is 65 or more storeys in building height or more than 250 m in height, and

(b)for which the applicant for the permit has provided notice in accordance with Sentence (6) to the chief building official that they intend to occupy or permit the building or part of the building to be occupied in accordance with this Article.

(2)This Article applies to the occupation of a building where the structure and enclosing walls of the building are not completed to the roof.

(3)For greater certainty, once the structure and enclosing walls of the building are completed to the roof, Article 1.3.3.1. applies to the authorization of occupation of the remainder of the building.

(4)This Article does not permit the occupation of exterior balconies, podiums, terraces, platforms and contained open spaces.

(5)This Article does not permit occupation if the means of egress are located on faces of the building where there is overhead lifting of heavy construction materials, elements and equipment.

(6)The notice described in Clause (1)(b) must have been provided to the chief building official at the time the first application for a permit under section 8 of the Act is made in respect of the building.

(7)No person shall occupy or permit to be occupied a building or part of a building described in Sentence (1) unless 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 in accordance with Sentence (8).

(8)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 floor of the storey that is 10 storeys above the uppermost storey to be occupied, other than parts of the floor-ceiling assemblies that are unable to be completed because of the ongoing construction,

(b)the enclosing walls of the building or part of the enclosing walls are completed to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,

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

(d)all required fire separations and doors, including door hardware and self-closing devices, are completed on all storeys up to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,

(e)all required closures are completed on all storeys up to and including the uppermost storey to be occupied,

(f)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,

(g)all shafts, including closures, are completed to the floor-ceiling assembly that is 5 storeys above the uppermost storey to be occupied and have a temporary fire separation at such assembly,

(h)all shafts in the parts of the building that are incomplete or are still under construction are protected against falling objects,

(i)where there is a crane mast inside the building, walls acting as guards shall,

(i)separate the crane mast from the parts of the building to be occupied, and

(ii)be designed and constructed to withstand the loading values specified in Sentence 4.1.5.15.(1) of Division B, where the crane mast or part of the crane mast is located in a storage garage,

(j)the ceiling of the floor-ceiling assembly above the uppermost storey to be occupied is complete and weather-tight and the floor-ceiling assembly is insulated to prevent condensation,

(k)measures have been taken to,

(i)separate the parts of the building to be occupied from the parts of the building and site that are incomplete or still under construction,

(ii)prevent access to parts of the building and site that are incomplete or still under construction, and

(iii)protect occupants and members of the public while construction is ongoing,

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

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

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

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

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

(q)required ventilation is installed and operational for the floor areas to be occupied,

(r)required sprinkler, fire alarm and smoke control systems, along with required pumper connections for the sprinklers, are complete and operational up to and including the storey to be occupied,

(s)required standpipe systems are installed and operational up to the storey below the uppermost storey for which the structure of the building is complete, including required pumper connections for such standpipe systems,

(t)required fire extinguishers have been installed on all storeys to be occupied and for which the structure of the building is complete,

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

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

(w)required elevators for use by firefighters are complete and tested as operational up to and including the storey immediately above the uppermost storey to be occupied,

(x)a covered way is installed and complete over all required means of egress from the building, and all other areas on the property that can be accessed by occupants of the building, that,

(i)has an unobstructed height of at least 2,400 mm,

(ii)has an unobstructed width of at least the width of the means of egress,

(iii)is capable of supporting any loads likely to be encountered as determined by a professional engineer, including snow loads and impact loads from construction,

(iv)has a weather-tight roof,

(v)has partitions with smooth surfaces on the side accessible to occupants,

(vi)has adequate lighting within the covered way, and

(vii)otherwise complies with the requirements in Articles 3.8.1.3., and 3.8.2.2. of Division B, as applicable, and

(y)the requirements set out in Sentences (9) to (14) are complied with.

(9)The person to whom a permit under section 8 of the Act is issued in respect of the building, and such other person as the chief building official determines, shall,

(a)agree in writing with the municipality to assume all risk in occupying or authorizing the occupation of the building or part of it in accordance with this Article and comply with such other conditions as the chief building official considers necessary, including the provision of security, indemnities and evidence of insurance, and

(b)submit to the chief building official,

(i)a plan for phasing of construction and occupancy,

(ii)a site safety plan addressing the means to ensure safety of the occupants and public while construction is ongoing, including,

(A) measures to protect occupants and the public from risks associated with the lifting of heavy construction materials, elements and equipment,

(B) measures for safeguarding occupant wellbeing while construction is ongoing, including the disposal of construction debris, noise, dust, odour, harmful airborne chemicals, non-airborne contaminants, pests and vibrations, including the transfer of vibrations from concrete pumping and pouring to the parts of the building to be occupied, and

(C) measures to address risks, hazards and occupant comfort associated with the proximity of exterior crane masts, concrete pumping pipes and exterior hoists and their tie-back systems,

(iii)a report from a professional engineer that attests,

(A) to the adequacy of the measures to safeguard life, health and property,

(B) that ongoing construction will not adversely impact the structural adequacy of the parts of the building to be occupied, and

(C) that the design of the climbing barriers, fall protection systems and horizontal and vertical safety nets meets the requirements of Sentence (11),

(iv)a report from a third-party professional engineer that has reviewed the adequacy of the measures to safeguard life, health and property, if that review is required by chief building official, and

(v)the report arising from the review conducted in accordance with Sentence (12).

(10)Measures described in Clause (8)(k) shall include,

(a)providing heat, hot water, cold water, gas, electricity, plumbing or other utility services for the parts of the building to be occupied separate from the services that serve the parts of the building that are incomplete or still under construction,

(b)providing access to the parts of the building to be occupied, including access for occupants, vehicles and deliveries, that is separate and independent from access to the parts of the building and site that are incomplete or still under construction,

(c)ensuring that elevators that serve the parts of the building to be occupied are not used for construction,

(d)ensuring that access to the construction area, including any construction staging and loading areas, shall be on a different face of the building than the access to and within the parts of the building to be occupied,

(e)installing temporary or permanent physical barriers to protect the parts of the building to be occupied from falling machinery, equipment, tools, construction materials and any other material or debris, and

(f)installing climbing physical barriers, fall protection and horizontal and vertical safety nets in accordance with Sentence (11).

(11)The climbing physical barriers, fall protection systems and horizontal and vertical safety nets referred to in Clause (10)(f), shall,

(a)in the case of horizontal fall protection systems and safety nets, extend not less than 3 m from the face of the building,

(b)be installed where there is construction on the exterior of the building or a storey that is unenclosed, and

(c)be located immediately below the storey where the construction is located.

(12)Prior to occupancy, the construction of the parts of the building to be occupied shall be reviewed by a professional engineer or an architect in accordance with Article 1.2.2.1.

(13)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 (8) 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.

(14)Where development charges in respect of a building or part of it are payable in accordance with subsection 26.1 (3.1) of the Development Charges Act, 1997, the development charges have been paid in accordance with that section.

(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.

Alternative solution means a substitute for an acceptable solution.

(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.