Division C Part 1 in full

(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)This Article prescribes, for the purposes of subsection 8(8.1) of the Act, the information relating to permits issued under section 8 of the Act and the applications for those permits that the chief building official is required to give to Tarion Warranty Corporation and the time within which the information is required to be given.

(2)The chief building official shall give the following information to Tarion Warranty Corporation with respect to permits issued under section 8 of the Act in respect of the construction of buildings described in Sentence (4),

(a)the dates the permits are issued and the numbers or other identifying symbols for the permits, and

(b)the information contained in the application forms submitted in respect of the permits, other than the information contained in the schedules or other attachments to the application forms.

(3)Despite Sentence (2), the chief building official is not required to give to Tarion Warranty Corporation information which relates to the extension or material alteration or repair of an existing building.

(4)The buildings referred to in Sentence (2) are any building whose proposed use is classified as a Group C major occupancy and which is not a boarding, lodging or rooming house or a building containing a hotel.

(5)The chief building official shall give the information described in Sentence (2) within 45 days after the day on which the permits to which the information relates are issued.

(6)The time period described in Sentence (5) 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)This Article applies to buildings,

(a)constructed using,

(i)lightweight pre-engineered floor or roof systems containing lightweight elements such as wood I-joists, cold-formed steel joists, wood truss assemblies with metal or wood plates and metal web wood joists, or

(ii)lightweight floor or roof systems containing solid sawn lumber joist less than 38 mm by 235 mm,

(b)other than a house, with or without a secondary unit, and

(c)for which a permit under section 8 of the Act is issued after July 1, 2022.

(2)The chief building official shall give the following information to the chief of the fire department and the clerk of every municipality that does not have a fire department in respect of buildings described in Sentence (1):

(a)the dates the permits are issued and the numbers or other identifying symbols for the permits,

(b)the address of the building, and

(c)a description of the floor or roof system.

(3)The chief building official shall give the information described in Sentence (2) within 45 days after the day on which the permits to which the information relates are issued.

(4)The time period described in Sentence (3) 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)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)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)A by-law, resolution or regulation made by a principal authority under clause 7(1)(e) of the Act may require that notice of one or more of the following stages of construction be given by the person to whom a permit is issued under section 8 of the Act:

(a)commencement of construction of the building,

(b)substantial completion of structural framing for each storey, if the building is a type of building that is within the scope of Division B, other than Part 9,

(c)commencement of construction of,

(i)masonry fireplaces and masonry chimneys,

(ii)factory-built fireplaces and allied chimneys, or

(iii)stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys,

(d)substantial completion of interior finishes,

(e)substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment,

(f)substantial completion of exterior cladding,

(g)substantial completion of site grading,

(h)substantial completion of the pool deck and dressing rooms for a public pool or public spa and readiness for inspection of the emergency stop system for a public pool or public spa,

(i)completion and availability of drawings of the building as constructed, and

(j)completion of a building for which an occupancy permit is required under Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. or 1.3.3.8.

(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)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 director and employees in the Ministry of Municipal Affairs and Housing who work under the supervision of the director and are specified by the director are designated for the purposes of the enforcement of the Act and this Code in relation to the qualifications of,

(a)chief building officials,

(b)inspectors,

(c)registered code agencies,

(d)persons engaging in the activities described in subsection 15.11(5) of the Act, and

(e)persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems.

(2)The director may, for the purposes set out in Sentence (1), exercise the following powers under the Act of a chief building official:

(a)certify for the purposes of subsection 37(2) of the Act statements as to any matter of record in the office of the director, and

(b)apply for an order under section 38 of the Act.

(3)The employees in the Ministry of Municipal Affairs and Housing designated by the director may, for the purposes set out in Sentence (1), exercise the following powers under the Act of an inspector:

(a)subject to section 16 of the Act, exercise the powers of entry for inspection purposes in subsection 12(1) of the Act, and

(b)exercise the powers of an inspector under section 18 of the Act.

(4)Sections 15.23 and 19 of the Act apply to the exercise of powers under this Article by the director and employees in the Ministry of Municipal Affairs and Housing designated by the director.

(1)The director is prescribed for the purposes of section 38.1 of the Act.

(1)The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1(1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems in the municipalities and territory without municipal organization prescribed in Column 2 of Table 1.7.1.1.

(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)The report referred to in subsection 7(4) of the Act shall contain the following information in respect of fees authorized under clause 7(1)(c) of the Act:

(a)total fees collected in the 12-month period ending no earlier than three months before the release of the report,

(b)the direct and indirect costs of delivering services related to the administration and enforcement of the Act in the area of jurisdiction of the principal authority in the 12-month period referred to in Clause (a),

(c)a breakdown of the costs described in Clause (b) into at least the following categories:

(i)direct costs of administration and enforcement of the Act, including the review of applications for permits and inspection of buildings, and

(ii)indirect costs of administration and enforcement of the Act, including support and overhead costs, and

(d)if a reserve fund has been established for any purpose relating to the administration or enforcement of the Act, the amount of the fund at the end of the 12-month period referred to in Clause (a).

(2)The principal authority shall give notice of the preparation of a report under subsection 7(4) of the Act to every person and organization that has requested that the principal authority provide the person or organization with such notice and has provided an address for the notice.

(1)Before passing a by-law or resolution or making a regulation under clause 7(1)(c) of the Act to introduce or change a fee imposed for applications for a permit, for the issuance of a permit or for a maintenance inspection, a principal authority shall,

(a)hold the public meeting required under subsection 7(6) of the Act,

(b)ensure that a minimum of 21 days notice of the public meeting is given in accordance with Clause (c), including giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, requested that the principal authority provide the person or organization with such notice and has provided an address for the notice,

(c)ensure that the notice under Clause (b),

(i)sets out the intention of the principal authority to pass the by-law or resolution or make a regulation under section 7 of the Act and whether the by-law, resolution or regulation would impose any fee that was not in effect on the day the notice is given or would change any fee that was in force on the day the notice is given,

(ii)is sent by regular mail to the last address provided by the person or organization that requested the notice in accordance with Clause (b), and

(iii)sets out the information described in Clause (d) or states that the information will be made available at no cost to any member of the public upon request, and

(d)make the following information available to the public:

(i)an estimate of the costs of administering and enforcing the Act by the principal authority,

(ii)the amount of the fee or of the change to the existing fee, and

(iii)the rationale for imposing or changing the fee.

(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)Provided the conditions described in Sentence (2) are complied with, if an applicant for a permit under section 8 of the Act makes an application to the chief building official of the municipality in which a house is to be partially constructed but not installed, the applicant is exempt from demonstrating compliance with,

(a)either,

(i)if the application is for a permit described in subsection 8(1) of the Act, clause 8(2)(a) of the Act but only with respect to demonstrating compliance with applicable law, or

(ii)if the application is for a conditional permit described in subsection 8(3) of the Act, clause 8(3)(a) of the Act, and

(b)requirements of this Code related to site installation of the house.

(2)For a permit applicant to be exempt from the provisions described in Sentence (1), the following conditions must be satisfied:

1. If the site the house is intended to be installed on is known by the permit applicant,

(i) the permit application must state the address or location of the site,

(ii) the permit application must include such information about the anticipated site installation that is necessary to design the house, and

(iii) the proposed construction must comply with the location-dependent requirements of this Code that are applicable to a house that is constructed at that address or location.

2. If the site the house is intended to be installed on is not known by the permit applicant,

(i) the permit application must include a declaration of assumptions related to the location of the house that have been used in the design of the house,

(ii) the permit application must include such information about the anticipated site installation that is necessary to design the house, and

(iii) the proposed construction must comply with the location-dependent requirements of this Code that are applicable to a house that is constructed at a location that has the characteristics set out in the declaration.

(3)For the purposes of paragraphs 1 and 2 of Sentence (2), “location-dependent requirements” include, but are not limited to, provisions related to climatic loads, seismic loads, temperature based requirements, limiting distance and exposing building face, soil gas control and firefighting access.

(4)An applicant for a permit described in Sentence (1) shall provide the following to a purchaser of a house constructed in accordance with a permit described in Sentence (1):

(1) all plans, specifications, documents and other information submitted or received by the person described in Sentence (1) in respect of the permit described in Sentence (1), including any as-constructed plans and any declaration of assumptions described in subparagraph 2.i. of Sentence (2), and

(2) all letters of compliance described in Sentence 1.11.1.3.(3) and all documents and other information received by the person described in Sentence (1) in respect of all inspections completed by an inspector or registered code agency, as the case may be.

(5)No person shall install a house at a site in a municipality unless a permit under section 8 of the Act has been issued therefor by the chief building official of that municipality.

(6)The chief building official of the municipality in which the house is to be installed shall issue the permit described in Sentence (5) if the applicant,

(a)demonstrates the proposed construction complies with the applicable provisions described in Clauses (1)(a) and

(b)

(b) demonstrates compliance with the other requirements of section 8 of the Act, and

(c)submits all plans, specifications, documents and other information described in Sentence (4) that the applicant has been provided.

(7)For the purposes of an application for a permit described in Sentence (5), the time periods described in Sentences 1.3.1.3.(1) and (3) and Clause 1.3.1.3.(6)(b) shall begin on the later of,

(a)the date the permit described in Sentence (1) is issued, or

(b)the date described in Sentence 1.3.1.3.(7).

(1)Where a permit is applied for as described in Sentence 1.11.1.2.(1) or (5), the person to whom a permit under section 8 of the Act is issued shall give notice as described in Articles 1.3.5.1. and 1.3.5.2. to the chief building official or registered code agency, as the case may be, of the municipality who issued the permit in respect of the construction to which the notice relates.

(2)Where a permit is applied for as described in Sentence 1.11.1.2.(5), the person to whom a permit under section 8 of the Act is issued shall provide the chief building official of the municipality in which the house is to be installed,

(a)any additional letters of compliance, documents or other information related to inspections completed by an inspector or registered code agency, as the case may be, of the municipality in which the house was partially constructed that was not provided when the permit was applied for, or

(b)confirmation that no additional letters of compliance, documents or other information have been provided to the person.

(3)The chief building official of the municipality in which a house was partially constructed but not installed shall provide the person to whom a permit was issued with a letter of compliance that confirms,

(a)which prescribed notices described in Sentence 1.3.5.1.(2) were received by the chief building official or registered code agency, as the case may be,

(b)that inspections described in Sentence 1.3.5.3.(1) were undertaken in respect of the construction to which the notices relate, and

(c)that no contraventions of the Act or this Code were found or that remedial steps were carried out to resolve any contraventions that were found.

(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.