Division C
Part 1 - General
Section 1.1. Application Copy linkAdd bookmark
1.1.1. Application Copy linkAdd bookmark
1.1.1.1. Application Copy linkAdd bookmark
(1)This Part applies to all buildings covered in this Code. (See Article 1.1.1.1. of Division A.)
1.1.1.2. Conformance with Administrative Requirements Copy linkAdd bookmark
(1)This Code shall be administered in conformance with the Act.
Section 1.2. Design and General Review Copy linkAdd bookmark
1.2.1. Design Copy linkAdd bookmark
1.2.1.1. Application Copy linkAdd bookmark
(1)Article 1.2.1.2. applies with respect to a building described in clause 11(3)(a) or (b) of the Architects Act or subsection 12(4) or clause 12(5)(a) of the Professional Engineers Act.
1.2.1.2. Design by Architect or Professional Engineer Copy linkAdd bookmark
(1)A foundation of a building shall be designed by a professional engineer where,
(a)the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or
(b)underpinning of a foundation is to be undertaken.
(2)A sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be designed by a professional engineer.
(3)A shelf and rack storage system described in Section 3.16. of Division B shall be designed by a professional engineer.
(4)The time-based egress analysis for a shelf and rack storage system described in Sentence 3.16.1.7.(7) of Division B shall be prepared or provided by an architect or a professional engineer or a combination of both.
(5)The supporting framing structure and anchorage system for a tent occupying an area greater than 225 m2 shall be designed by a professional engineer.
(6)A sign structure attached in any manner to a building shall be designed by an architect or a professional engineer or a combination of both where it is,
(a)a projecting sign that weighs more than 115 kg, or
(b)a roof sign that has any face that is more than 10 m2.
(7)A projecting sign attached in any manner to a parapet wall shall be designed by an architect or a professional engineer or a combination of both.
1.2.2. General Review Copy linkAdd bookmark
1.2.2.1. General Review by Architect or Professional Engineer Copy linkAdd bookmark
(1)The construction, including, for greater certainty, enlargement or alteration, of every building or part of it described in Table 1.2.2.1. shall be reviewed by an architect or a professional engineer or a combination of both as set out in Column 3 of the Table.
(2)A person who intends to construct or have constructed a building or part of it required by Sentences (1) and (4) to (9) to be reviewed by an architect or a professional engineer or a combination of both, shall ensure that an architect, professional engineer or both are retained to undertake the general review of the construction of the building in accordance with the performance standards of the Ontario Association of Architects or the Association of Professional Engineers of Ontario, as applicable, to determine whether the construction is in general conformity with the plans, sketches, drawings, graphic representations, specifications and other documents that form the basis for the issuance of a permit under section 8 of the Act or any changes to it authorized by the chief building official.
(3)The architect, professional engineer or both who have been retained to undertake the general review of the construction of a building, shall forward copies of written reports arising out of the general review to the chief building official or registered code agency, as the case may be.
(4)The construction of a foundation of a building shall be reviewed by a professional engineer where,
(a)the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or
(b)underpinning of a foundation is to be undertaken.
(5)The construction of a sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be reviewed by a professional engineer.
(6)The construction of a shelf and rack storage system described in Section 3.16. of Division B shall be reviewed by a professional engineer.
(7)The construction of a supporting framing structure and anchorage system for a tent occupying an area greater than 225 m2 shall be reviewed by a professional engineer.
(8)The construction of a sign structure shall be reviewed by an architect or a professional engineer or a combination of both, where the sign is,
(a)a ground sign that exceeds 7.5 m in height above the adjacent finished ground,
(b)a projecting sign that weighs more than 115 kg, or
(c)a roof sign that has any face that is more than 10 m2.
(9)The construction of a projecting sign attached in any manner to a parapet wall shall be reviewed by an architect, professional engineer or a combination of both.
(10)The construction of a demountable stage or demountable support structure regulated by Section 3.17. of Division B shall be reviewed by a professional engineer.
| Building Classification by Major Occupancy(5) | Building Description | General Review by: |
|---|---|---|
| Assembly occupancy only | Every building | Architect and professional engineer(1) |
| Assembly occupancy and any other major occupancy except industrial | Every building | Architect and professional engineer(1) |
| Care, care and treatment or detention occupancy only | Every building | Architect and professional engineer(1) |
| Care, care and treatment or detention occupancy and any other major occupancy except industrial | Every building | Architect and professional engineer(1) |
| Residential occupancy only, other than retirement homes | Every building that exceeds 3 storeys in building height | Architect and professional engineer(1) |
| Every building that exceeds 600 m2 in gross area and that contains a residential occupancy other than a dwelling unit or dwelling units | Architect(2) | |
| Residential occupancy only, other than retirement homes | Every building that exceeds 600 m2 in gross area and contains a dwelling unit above another dwelling unit | Architect(2) |
| Every building that exceeds 600 m2 in building area, contains 3 or more dwelling units and has no dwelling unit above another dwelling unit | Architect(2) | |
| Residential occupancy, other than retirement homes, and any other major occupancy except assembly, care, care and treatment, detention or industrial occupancy | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect and professional engineer(1) |
| Retirement home only | Every building | Architect and professional engineer(1) |
| Retirement home and any major occupancy except industrial | Every building | Architect and professional engineer(1) |
| Business and personal services occupancy only | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect and professional engineer(1) |
| Business and personal services occupancy and any other major occupancy except assembly, care, care and treatment, detention or industrial occupancy | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect and professional engineer(1) |
| Mercantile occupancy only | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect and professional engineer(1) |
| Mercantile occupancy and any other major occupancy except assembly, care, care and treatment, detention or industrial occupancy | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect and professional engineer(1) |
| Industrial occupancy only and where there are no subsidiary occupancies | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect or professional engineer(3) |
| Industrial occupancy and one or more other major occupancies where the portion of the area occupied by one of the other major or subsidiary occupancies exceeds 600 m2 | The non-industrial portion of every building | Architect and professional engineer(1) |
| The industrial portion of every building | Architect or professional engineer(3) | |
| Industrial occupancy and one or more other major occupancies where no portion of the area occupied by one of the other major or subsidiary occupancies exceeds 600 m2 | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect or professional engineer(3) |
| Agricultural occupancy only and where there are no subsidiary occupancies | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect or professional engineer(3) |
| Agricultural occupancy and one or more other major occupancies where the portion of the area occupied by one of the other major or subsidiary occupancies exceeds 600 m2 | The non-agricultural portion of every building | Architect and professional engineer(1) |
| The agricultural portion of every building | Architect or professional engineer(3) | |
| Agricultural occupancy and one or more other major occupancies where no portion of the area occupied by one of the other major or subsidiary occupancies exceeds 600 m2 | Every building that exceeds 600 m2 in gross area or 3 storeys in building height | Architect or professional engineer(3) |
Notes to Table 1.2.2.1.:
1.2.2.2. Restriction for General Review Copy linkAdd bookmark
(1)Only an architect may carry out or provide the general review of the construction of a building,
(a)that is constructed in accordance with a design prepared or provided by an architect, or
(b)in relation to services that are provided by an architect in connection with the design in accordance with which the building is constructed.
(2)Only a professional engineer may carry out or provide the general review of the construction of a building,
(a)that is constructed in accordance with a design prepared or provided by a professional engineer, or
(b)in relation to services that are provided by a professional engineer in connection with the design in accordance with which the building is constructed.
1.2.2.3. Demolition of a Building Copy linkAdd bookmark
(1)The applicant for a permit respecting the demolition of a building shall retain a professional engineer to undertake the general review of the project during demolition, where,
(a)the building exceeds 3 storeys in building height or 600 m² in building area,
(b)the building structure includes pre-tensioned or post-tensioned members,
(c)it is proposed that the demolition will extend below the level of the footings of any adjacent building and occur within the angle of repose of the soil, as drawn from the bottom of such footings, or
(d)explosives or a laser are to be used during the course of demolition.
Section 1.3. Permits and Inspections Copy linkAdd bookmark
1.3.1. Permits Copy linkAdd bookmark
1.3.1.1. Requirement for Permits Copy linkAdd bookmark
(1)A person is exempt from the requirement to obtain a permit under section 8 of the Act,
(a)for the demolition of a farm building located on a farm,
(b)subject to Sentence (2), for the construction or demolition of a building in territory without municipal organization, or
(c)for the construction of a Class 1 sewage system.
(2)The exemption in Clause (1)(b) from the requirement to obtain a permit does not apply to the construction of a sewage system in territory without municipal organization.
(3)The application for a permit respecting the demolition of a building to which Sentence 1.2.2.3.(1) applies shall include descriptions of the structural design characteristics of the building and the method of demolition of the building.
(4)No person shall commence demolition of a building or any part of a building before the building has been vacated by the occupants except where the safety of the occupants is not affected.
(5)A tent or group of tents is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with the Code provided that the tent or group of tents are,
(a)not more than 60 m2 in aggregate ground area,
(b)not attached to a building, and
(c)constructed more than 3 m from other structures.
(6)A shed is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code, provided that the shed,
(a)is not more than 15 m2 in gross area,
(b)is not more than one storey in building height,
(c)is not attached to a building or any other structure,
(d)is used only for storage purposes ancillary to a principal building on the lot, and
(e)does not have plumbing.
(7)A demountable stage or demountable support structure not regulated by Section 3.17. of Division B is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code.
1.3.1.2. Applications for Permits under Section 8 of the Act Copy linkAdd bookmark
(1)An application for a permit under section 8 of the Act to construct or demolish a building shall be made by,
(a)the owner of the property on which the proposed construction or demolition is to take place, or
(b)the authorized agent of the owner referred to in Clause (a).
(2)An application referred to in Sentence (1) shall be in a form approved by the Minister.
(3)In Sentence (1), “owner” includes, in respect of the property on which the construction or demolition will take place, the registered owner, a lessee and a mortgagee in possession.
1.3.1.3. Period Within Which a Permit is Issued or Refused Copy linkAdd bookmark
(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.
| Item | Class of Building | Time Period |
|---|---|---|
| 1. | (a) Except for a retirement home, a house where no dwelling unit is located above another dwelling unit. (b) A detached structure that serves a building described in Clause (a) and does not exceed 55 m2 in building area. (c) A tent to which Section 3.14. of Division B applies. (d) A sign to which Section 3.15. of Division B applies. (e) A demountable stage or demountable support structure to which Section 3.17. of Division B applies. | 10 days |
| 2. | (a) Buildings described in Clause 1.3.3.3.(1)(a), (b) or (c) of Division A, other than buildings described in Column 1 of any of Items 1 and 4 of this Table. (b) Farm buildings that do not exceed 600 m2 in building area. | 15 days |
| 3. | (a) Buildings described in Sentence 1.3.3.2.(1) of Division A, other than buildings described in Column 1 of any of Items 1 and 4 of this Table. (b) Farm buildings exceeding 600 m2 in building area. (c) Retirement homes. | 20 days |
| 4. | (a) Post-disaster buildings. (b) Buildings to which Subsection 3.2.6. of Division B or any provision in Articles 3.2.8.3. to 3.2.8.8. of Division B applies. | 30 days |
1.3.1.4. Permits Under Section 10 of the Act Copy linkAdd bookmark
(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.
| FROM(2) | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| A-1 | A-2 | A-3 | A-4 | B-1 | B-2 | B-3 | C | D | E | F-1 | F-2 | F-3 | ||
| TO(3) | A-1 | N(5) | Y | Y | N(5) | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| A-2 | Y | N(5) | Y | N(5) | Y | Y | Y | Y | Y | Y | Y | Y | Y | |
| A-3 | Y | Y | N(5) | N(5) | Y | Y | Y | Y | Y | Y | Y | Y | Y | |
| A-4 | Y | Y | Y | N(5) | Y | Y | Y | Y | Y | Y | Y | Y | Y | |
| B-1 | Y | Y | Y | N(5) | N(5) | Y | Y | Y | Y | Y | Y | Y | Y | |
| B-2 | Y | Y | Y | N(5) | Y | N(5) | Y | Y | Y | Y | Y | Y | Y | |
| B-3 | Y | Y | Y | N(5) | Y | N(5) | N(5) | Y | Y | Y | Y | Y | Y | |
| C | Y | Y | Y | N(5) | Y | N(5) | N(5) | (4) | Y | Y | Y | Y | Y | |
| D | N(5) | N(5) | Y | N(5) | Y | N(5) | N(5) | Y | N(5) | Y | Y | N(5) | N(5) | |
| E | Y | Y | Y | N(5) | Y | Y | Y | Y | Y | N(5) | Y | Y | Y | |
| F-1 | Y | Y | Y | N(5) | Y | Y | Y | Y | Y | Y | N(5) | Y | Y | |
| F-2 | Y | Y | Y | N(5) | Y | Y | Y | Y | Y | Y | N(5) | N(5) | Y | |
| F-3 | Y | N(5) | Y | N(5) | Y | Y | Y | Y | N(5) | N(5) | N(5) | N(5) | N(5) | |
Notes to Table 1.3.1.4.:
1.3.1.5. Conditional Permits Copy linkAdd bookmark
(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.
1.3.1.6. Information to be Given to Tarion Warranty Corporation Copy linkAdd bookmark
(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.
1.3.1.7. Information to be Given to the Fire Chief or Clerk Copy linkAdd bookmark
(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, 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.
1.3.2. Site Documents Copy linkAdd bookmark
1.3.2.1. Permit Posting Copy linkAdd bookmark
(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.
1.3.2.2. Documentation on Site Copy linkAdd bookmark
(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.
1.3.3. Occupancy of Buildings Copy linkAdd bookmark
1.3.3.1. Occupancy Permit — General Copy linkAdd bookmark
(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.
(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.
1.3.3.2. Conditions for Residential Occupancy Copy linkAdd bookmark
(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.
(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.
1.3.3.3. Notification Copy linkAdd bookmark
(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.
1.3.3.4. Occupancy Permit — Certain Buildings of Residential Occupancy Copy linkAdd bookmark
(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 an existing building, or part of it, that has been subject to extension or material alteration or repair.
(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.