Water and energy efficiency, renovation 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)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)No person shall occupy or permit to be occupied a building described in Sentence (3), 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 (4).

(2)This Article does not apply in respect of the occupancy of:

(a)an existing building, or part of it, that has been subject to extension or material alteration or repair, or

(b)a building or part of it to which Article 1.3.3.8. applies.

(3)A building referred to in Sentence (1) is a building intended for residential occupancy that,

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

(b)has no accommodation for tourists,

(c)does not have a dwelling unit above another dwelling unit,

(d)does not have any dwelling units sharing a common means of egress, and

(e)does not contain a retirement home.

(4)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 (3), where,

(a)the structure of the building with respect to the dwelling unit to be occupied is substantially complete and ready to be used for its intended purpose,

(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, with respect to the dwelling unit to be occupied, is substantially complete,

(c)the walls enclosing the dwelling unit to be occupied conform to Sentence 9.25.2.3.(7) of Division B,

(d)required electrical supply is provided for the dwelling unit to be occupied,

(e)required firefighting access routes to the building have been provided and are accessible,

(f)the following building components and systems are complete and operational for the dwelling unit to be occupied:

(i)required exits, floor access and egress systems, handrails, guards, smoke alarms, carbon monoxide alarms and fire separations, including, but not limited to, fire stops,

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

(g)the following building components and systems are complete, operational and tested for the dwelling unit to be occupied:

(i)water system,

(ii)building drain and building sewer, and

(iii)drainage system and venting system,

(h)required plumbing fixtures in the dwelling unit to be occupied are substantially complete and operational, and

(i)where applicable, the building conforms to Article 9.1.1.7. of Division B with respect to the dwelling unit to be occupied.

(5)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 (3), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (4) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C issued by the registered code agency in respect of the building.

(6)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)At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected.

(2)After the notice is received, an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period.

(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)The Minister may, subject to such conditions as the Minister in his or her discretion considers appropriate, make rulings,

(a)Repealed:

(b)adopting an amendment to a code, formula, standard, guideline, protocol or procedure that has been adopted by reference in the building code; or

(c)approving the use of alternative materials, systems and building designs which, in the opinion of the Minister, will achieve the level of performance required by the building code.

(2)The Minister may by order delegate the power to make rulings to the director.

(3)A ruling is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(4)Notice of a ruling shall be published at least once in The Ontario Gazette and made available, upon request, to members of the public.

(5)A ruling of the Minister under clause (1) (c) entitles a person to use the approved material, system or building design in all of Ontario unless the ruling states otherwise.

(6)The use of an approved material, system or building design in the manner approved in a ruling under clause (1) (c) shall be deemed not to be a contravention of the building code.

(7)In the event of a conflict between an authorization of the Building Materials Evaluation Commission and a ruling of the Minister under clause (1) (c), the ruling prevails.

(8)Repealed:

(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.