Division C Part 1 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 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)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)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)An order issued under subsection 12(2), 13(1) or (6), 14(1) or 15.10.1(2) or clause 18(1)(f) of the Act shall be in a form approved by the Minister.

(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)An information to obtain a warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-A.

(2)A warrant to enter and search a building, receptacle or place under subsection 21(1) of the Act shall be in Form 1.4.1.1.-B.

form 1.4.1.1.-a: information to obtain search warrant under section 21 of the building code act, 1992

Form 1.4.1.1.-B — Search Warrant under Section 21 of the Building Code Act, 1992

form 1.4.1.1.-b: form 1.4.1.1.-b search warrant under section 21 of the building code act, 1992

(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.