jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notes to Table 1.3.1.4.:
1.3.1.6. Information to be given to Tarion Warranty Corporation (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 on or after the day subsection 2 (3) of Schedule 21 to the Good Government Act, 2009 comes into force 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. 1.3.2. Site Documents
Notes to Table 1.3.1.4.:
1.3.2.1. Permit Posting (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.
Notes to Table 1.3.1.4.:
1.3.2.2. Documentation on Site (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, and (b) authorization or facsimiles of it received from the Building Materials Evaluation Commission, including specified terms and conditions. 1.3.3. Occupancy of Buildings
Notes to Table 1.3.1.4.:
1.3.3.2. Conditions for Residential Occupancy (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, and (iv) has no accommodation for tourists, (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, and (iii) water supply, sewage disposal, lighting and heating systems, (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 (d) where applicable, the building conforms to Article 3.1.1.3. or 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. applies.
Notes to Table 1.3.1.4.:
1.3.3.3. Notification (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.
Notes to Table 1.3.1.4.:
1.3.4.1. Fire Department Approval (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. 1.3.5. Notices and Inspections
Notes to Table 1.3.1.4.:
1.3.5.1. Prescribed Notices (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, (e.1) substantial completion of air barrier systems, (f) substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems, (g) substantial completion of fire access routes, (h) 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, (i) 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, (j) 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, (k) readiness to construct the sewage system, (l) substantial completion of the installation of the sewage system before the commencement of backfilling, (m) substantial completion of installation of plumbing not located in a structure, before the commencement of backfilling, (n) completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.1.(2) 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 (o) completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.4.(5).
Notes to Table 1.3.1.4.:
1.3.5.2. Additional Notices (1) A principal authority may pass a by-law or resolution or make a regulation under clause 7 (1) (e) of the Act, as part of its responsibility for the enforcement of the Act, in order to establish time periods within which notice of one or more of the following stages of construction must be given: (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 Parts of Division B other than Part 9 of Division B, (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. (2) The person to whom a permit under section 8 of the Act is issued shall notify the chief building official or, if a registered code agency is appointed under the Act in respect of the construction to which the notice relates, the registered code agency of the stages of construction for which a time period for giving notice is required under Sentence (1).
Notes to Table 1.3.1.4.:
1.3.5.3. Prescribed Inspections (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)(k) or (l) , 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. (3) When undertaking an inspection required under Sentence (1) or (2), 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) The time periods referred to in Sentences (1) and (2) shall begin on the day following the day on which the notice is given. (5) The time periods referred to in Sentences (1) and (2) 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.
Notes to Table 1.3.1.4.:
1.3.5.4. Exemption (1) A person is exempt from the requirement in Sentences 1.3.5.1.(2) and 1.3.5.2.(2) to give notice to the chief building official in respect of construction if, (a) a permit in respect of the construction was issued to the person under section 8 of the Act before July 1, 2005, and (b) the person notifies the chief building official in accordance with, (i) Sentence 2.4.5.1.(1) of Ontario Regulation 403/97, as it read on June 30, 2005, and (ii) the by-law passed by the municipality under clause 7 (1) (e) of the Act, as the by-law read on June 30, 2005. (2) Article 1.3.5.3. does not apply to construction to which Sentence (1) relates.
Notes to Table 1.3.1.4.:
1.3.5.5. Construction of Sewage Systems (1) The following information is prescribed for the purposes of subsection 15.12 (3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system: (a) the information described in Sentence 3.3.4.1.(2) as it relates to, (i) the person registered under Article 3.3.3.2., and (ii) the person with the qualifications described in Clause 3.2.3.2.(1)(a) who will supervise construction on-site of the sewage system, and (b) the name and telephone number of the representative of the person described in Subclause (a)(i) who may be contacted by the chief building official in respect of the construction of the sewage system.
Notes to Table 1.3.1.4.:
1.3.5.6. Orders (1) An order issued under subsection 12 (2), 13 (1), 13 (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. 1.3.6. As Constructed Plans
Notes to Table 1.3.1.4.:
1.3.6.1. Application (1) Where the council of a municipality has passed a by-law pursuant to 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. Section 1.4. Search Warrant 1.4.1. Forms
Notes to Table 1.3.1.4.:
1.4.1.1. Information & Warrant Forms (1) An information to obtain a warrant to enter and search lands and buildings under subsection 21 (1) of the Act shall be in Form 1.4.1.A. (2) A warrant to enter and search lands and buildings under subsection 21 (1) of the Act shall be in Form 1.4.1.B. FORM 1.4.1.A.   INFORMATION TO OBTAIN SEARCH WARRANT UNDER SECTION 21 OF THE BUILDING CODE ACT, 1992 Building Code Act, 1992   FORM 1.4.1.B.   SEARCH WARRANT UNDER SECTION 21 OF THE BUILDING CODE ACT, 1992 Building Code Act, 1992   Section 1.5. Designated Persons and Powers 1.5.1. General
Notes to Table 1.3.1.4.:
1.5.1.1. General (1) The director and employees of the Ministry of Municipal Affairs and Housing 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 of 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 of the Ministry of Municipal Affairs and Housing designated by the director. Section 1.6. Prescribed Person 1.6.1. General
Notes to Table 1.3.1.4.:
1.6.1.1. General (1) The director is prescribed for the purposes of section 38.1 of the Act. Section 1.7. Enforcement of the Provisions of the Act and Building Code Related to Sewage Systems 1.7.1. General
Notes to Table 1.3.1.4.:
1.7.1.1. General (1) Pursuant to subsection 3.1 (1) of the Act, the boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. shall enforce the provisions of the Act and the building code related to sewage systems in the municipalities and the territory without municipal organization described in Column 2 of Table 1.7.1.1. Table 1.7.1.1.   Enforcement of the provisions of the Act and the Building Code Related to Sewage Systems Forming Part of Sentence 1.7.1.1.(1)  Column 1

Column 2


Board of Health or Conservation Authority

Geographic Area


Board of Health for the Northwestern Health Unit

All municipalities and territory without municipal organization located in the Northwestern Health Unit


Board of Health for the Thunder Bay District Health Unit

All municipalities and territory without municipal organization located in the Thunder Bay District Health Unit


Board of Health for the Porcupine Health Unit

All municipalities and territory without municipal organization located in the Porcupine Health Unit


Board of Health for the District of Algoma Health Unit

All municipalities and territory without municipal organization located in the District of Algoma Health Unit


Board of Health for the Sudbury and District Health Unit

All municipalities and territory without municipal organization located in the Sudbury and District Health Unit


Board of Health for the Timiskaming Health Unit

All municipalities and territory without municipal organization located in the Timiskaming Health Unit


North Bay-Mattawa Conservation Authority

All municipalities and territory without municipal organization located in:


 

1. the District of Nipissing, except those parts of the District of Nipissing located in the Temiskaming Health Unit, and


 

2. the District of Parry Sound except for the Township of The Archipelago, the geographic Townships of Blair, Brown, Harrison, Henvey, Mowat and Wallbridge and the unsurveyed territory north of the geographic Township of Henvey to the French River. Section 1.8. Language 1.8.1. Language
Notes to Table 1.3.1.4.:
1.9.1.1. Annual Report (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 break-down 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.
Notes to Table 1.3.1.4.:
1.9.1.2. Change of Fees (1) Before passing a by-law, regulation or resolution under clause 7 (1) (c) of the Act to introduce or change a fee imposed for applications for a permit or for the issuance of a permit, a principal authority shall, (a) hold at least one public meeting at which any person who attends has an opportunity to make representations with respect to the matter, (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, regulation or resolution under section 7 of the Act and whether the by-law, regulation or resolution 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. Section 1.10. Sewage System Maintenance Inspection Programs 1.10.1. Discretionary Maintenance Inspection Programs
Notes to Table 1.3.1.4.:
1.10.1.1. Scope (1) This Subsection governs, for the purposes of subsection 34 (2.1) of the Act, maintenance inspection programs established under clause 7 (1) (b.1) of the Act in respect of sewage systems.
Notes to Table 1.3.1.4.:
1.10.1.2. Application and Inspections (1) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program. (2) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect all sewage systems affected by the maintenance inspection program for compliance with the standards prescribed under clause 34 (2) (b) of the Act in relation to sewage systems that are enforced by the program.
Notes to Table 1.3.1.4.:
1.10.1.3. Certificate as Alternative to Maintenance Inspection (1) A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located. (2) The certificate referred to in Sentence (1) shall, (a) be in a form approved by the Minister, (b) be signed by a person described in Sentence (3), and (c) confirm that the person, (i) has conducted an inspection of the sewage system to which the certificate relates, and (ii) is satisfied on reasonable grounds that, on the date on which the certificate is signed, the sewage system to which the certificate relates is in compliance with the standards prescribed under clause 34 (2) (b) of the Act in relation to sewage systems that are enforced by the maintenance inspection program. (3) Subject to Sentence (4), the following persons are authorized to sign a certificate referred to in Sentence (1): (a) a person registered under Article 3.2.4.2. in the class of registration set out in Column 2 of Row 10 of Table 3.5.2.1., (b) a person registered under Article 3.3.3.2., (c) an architect, (d) a professional engineer. (4) A person shall not sign a certificate referred to in Sentence (1) if the person would be in a conflict of interest. (5) For the purposes of Sentence (4), a person would be in a conflict of interest if the person, or an officer, director, partner or employee of the person (where the person is a corporation or partnership), or any person engaged by the person to perform functions for the person, (a) has participated or participates, in any capacity, in design activities or construction relating to any part of the sewage system to which the certificate relates, (b) is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the sewage system to which the certificate relates, (c) has a professional or financial interest in, (i) the construction of the sewage system to which the certificate relates, (ii) the sewage system to which the certificate relates, or (iii) the person responsible for the design of the sewage system to which the certificate relates, or (d) is an elected official, officer or employee of a principal authority. 1.10.2. Mandatory Maintenance Inspection Program
Notes to Table 1.3.1.4.:
1.10.2.1. Scope (1) This Subsection establishes and governs, for the purposes of subsection 34 (2.2) of the Act, a maintenance inspection program in respect of standards prescribed under clause 34 (2) (b) of the Act in relation to sewage systems.
Notes to Table 1.3.1.4.:
1.10.2.2. Administration of Maintenance Inspection Program (1) The principal authority that has jurisdiction in an area affected by the maintenance inspection program established under Sentence 1.10.2.3.(1) shall administer the program for that area and shall conduct inspections under the program in accordance with this Subsection.
Notes to Table 1.3.1.4.:
1.10.2.5. Certificate as Alternative to Maintenance Inspection (1) The principal authority that administers the maintenance inspection program established under Sentence 1.10.2.3.(1), may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.2.3.(1), accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located. (2) The certificate required by Sentence (1) shall satisfy the requirements of Sentence 1.10.1.3.(2) and for these purposes Sentences 1.10.1.3.(3) to (5) apply with necessary modifications. O. Reg. 350/06, Division C, Part 1; O. Reg. 423/06, s. 2; O. Reg. 137/07, ss. 73-75; O. Reg. 503/09, ss. 220-230; O. Reg. 315/10, ss. 2, 3 (1). PART 2   ALTERNATIVE SOLUTIONS, DISPUTES, RULINGS AND INTERPRETATIONS  Section

2.1.

Alternative Solutions


 

2.1.1.

Documentation of Alternative Solutions


 

 

 


Section 

2.2.

Building Code Commission


 

2.2.1. 

Hearings


 

 

 


Section

2.3.

Building Materials Evaluation Commission


 

2.3.1.

Application Fee


 

 

 


Section

2.4.

Rulings and Interpretations 


 

2.4.1.

Designated Materials Evaluation Bodies


 

2.4.2.

Minister’s Rulings


 

2.4.3.

Interpretations By Minister Section 2.1. Alternative Solutions 2.1.1. Documentation of Alternative Solutions
Notes to Table 1.3.1.4.:
2.1.1.1. Documentation (1) The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that, (a) identifies applicable objectives, functional statements and acceptable solutions, and (b) establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A. (2) The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.
Notes to Table 1.3.1.4.:
2.1.1.2. Tests (1) Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable. (2) The results of tests or evaluations based on test standards other than as described in this Code may be used for the purposes of Sentence (1) if the alternate test standards provide comparable results. Section 2.2. Building Code Commission 2.2.1. Hearings
Notes to Table 1.3.1.4.:
2.2.1.2. Single Member (1) One member of the Building Code Commission may, with the approval of the chair or vice-chair, hear and determine any dispute set out in Sentence (2) and, for that purpose, the member has all the jurisdiction and powers of the Commission. (2) The disputes referred to in Sentence (1) are, (a) any dispute described in clause 24 (1) (a) of the Act respecting the sufficiency of compliance with technical requirements of this Code related to sewage systems, and (b) any dispute described in clauses 24 (1) (b) or (c) of the Act.
Notes to Table 1.3.1.4.:
2.2.1.4. Eligibility (1) No member of the Commission shall be, (a) a member of the public service of Ontario, (b) an employee of a principal authority, or (c) a person who is registered under Article 3.4.3.2. as a registered code agency, an officer, director, partner or employee of a registered code agency or a person engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency. Section 2.3. Building Materials Evaluation Commission 2.3.1. Application Fee
Notes to Table 1.3.1.4.:
2.3.1.1. Application Fee (1) The fee on an application to the Building Materials Evaluation Commission is $950.00. Section 2.4. Rulings and Interpretations 2.4.1. Designated Materials Evaluation Bodies
Notes to Table 1.3.1.4.:
2.4.1.1. Designated Bodies (1) The following body is designated as a materials evaluation body for the purposes of clause 29 (1) (a) of the Act: Canadian Construction Materials Centre of the National Research Council of Canada 2.4.2. Minister’s Rulings
Notes to Table 1.3.1.4.:
2.4.2.1. Minister’s Rulings (1) The Minister may impose terms and conditions, including conditions of termination, when making rulings under clause 29 (1) (a) of the Act adopting the evaluation report of a materials evaluation body designated in the building code.
Notes to Table 1.3.1.4.:
2.4.2.2. Criteria (1) A ruling made under clause 29 (1) (c) of the Act may only approve the use of an alternative material, system or building design in a manner, (a) that will, in the opinion of the Minister, achieve the level of performance that is required by this Code, and (b) that is consistent with, (i) a decision of the Building Code Commission in respect of a dispute described in clause 24 (1) (a) of the Act, (ii) an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or (iii) a revision of the CCBFC, “National Building Code of Canada” or the CCBFC, “National Plumbing Code of Canada” that has been approved by the Canadian Commission on Building and Fire Codes. 2.4.3. Interpretations By Minister
Notes to Table 1.3.1.4.:
2.4.3.1. Interpretations By Minister (1) Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public, (a) by posting the interpretation on the Building Code website, and (b) by providing a written copy of the interpretation on receipt of a request for it. O. Reg. 350/06, Division C, Part 2; O. Reg. 137/07, s. 76. PART 3   QUALIFICATIONS  Section

3.1.

Qualifications for Chief Building Officials and Inspectors


 

3.1.1.

Scope 


 

3.1.2.

Chief Building Officials


 

3.1.3.

Supervisors and Managers


 

3.1.4.

Inspectors 


 

3.1.5.

Updating of Qualifications


 

3.1.6.

Information 


 

3.1.7.

Fees 


 

3.1.8.

Public Register


 

3.1.9.

Categories of Qualifications


 

 

 


Section

3.2.

Qualifications for Designers


 

3.2.1.

Scope 


 

3.2.2.

General


 

3.2.3.

Definition 


 

3.2.4.

Qualifications - Persons Engaged in the Business of Providing Design Activities to the Public


 

3.2.5.

Qualifications - Other Designers


 

3.2.6.

Public Register 


 

3.2.7.

Classes of Registration and Categories of Qualifications


 

 

 


Section

3.3.

Qualifications for Persons Engaged in the Business of Constructing On Site, Installing, Repairing, Servicing, Cleaning or Emptying Sewage Systems


 

3.3.1.

Scope 


 

3.3.2.

Definition


 

3.3.3.

Qualifications


 

3.3.4.

Public Register 


 

 

 


Section

3.4.

Qualifications for Registered Code Agencies


 

3.4.1.

Scope


 

3.4.2.

Definition


 

3.4.3.

Qualifications


 

3.4.4.

Public Register


 

3.4.5.

Classes of Registration and Categories of Qualifications


 

 

 


Section

3.5.

Classes of Registration and Categories of Qualifications


 

3.5.1.

Scope


 

3.5.2.

Classes of Registration and Categories of Qualifications


 

 

 


Section

3.6.

Insurance


 

3.6.1.

Scope 


 

3.6.2.

Insurance for Registered Code Agencies and Persons Referred to in Subsection 15.11 (5) of the Act


 

 

 


Section

3.7.

Registered Code Agencies


 

3.7.1.

Appointment of Registered Code Agency under Section 4.1 of the Act


 

3.7.2.

When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment


 

3.7.3.

Additional Functions that Registered Code Agencies may be Appointed to Perform


 

3.7.4.

Manner in Which Registered Code Agency Shall Perform Functions


 

3.7.5.

Termination of Appointment of a Registered Code Agency


 

3.7.6.

Information to be Provided


 

3.7.7.

Referral of Stop Work Order Section 3.1. Qualifications for Chief Building Officials and Inspectors 3.1.1. Scope
Notes to Table 1.3.1.4.:
3.1.1.1. Scope (1) Except as provided in Sentence (2), this Section prescribes, for the purposes of subsections 15.11 (1), (2) and (3) of the Act, (a) the qualifications that a person must satisfy to be appointed and to remain appointed as, (i) a chief building official under the Act, or (ii) an inspector who has the same powers and duties as a chief building official in relation to plumbing, (b) the qualifications that a person must satisfy to be appointed and to remain appointed as, (i) an inspector who has the same powers and duties as a chief building official in relation to sewage systems, or (ii) an inspector whose duties include plans review or inspection under the Act of sewage systems, and (c) the qualifications that a person must satisfy to be appointed and to remain appointed as an inspector under the Act, other than an inspector described in Subclause (a)(ii) or (b)(i) or (ii). (2) The qualification requirements for chief building officials and inspectors in Sentence (1) do not apply to plan review and inspection of, (a) site services including, (i) surface drainage, and (ii) plumbing located underground either outside a building or under a building, (b) construction of a factory-built house certified to CAN/CSA-A277, “Procedure for Certification of Factory-Built Houses”, (c) construction of a mobile home conforming to CAN/CSA-Z240 Series, “Mobile Homes”, (d) construction of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers”, or (e) signs. 3.1.2. Chief Building Officials
Notes to Table 1.3.1.4.:
3.1.2.1. Qualifications (1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as a chief building official or as an inspector who has the same powers and duties as a chief building official in relation to sewage systems or plumbing: (a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building officials, (b) if, under subsection 22 (2) of the Act, the person will also exercise any of the powers or perform any of the duties of an inspector, the person shall also have the qualifications contained in Sentence 3.1.4.1.(1), and (c) the person shall file the information set out in Sentence 3.1.6.1.(1) with the director in a form established by the director. (2) An inspector who has the same powers and duties as a chief building official in relation to sewage systems and who had, on August 31, 2003, the qualification described in Article 2.11.3.1. of Ontario Regulation 403/97 (Building Code), as it read on that day, (a) shall be deemed to have successfully completed the examination program described in Clause (1)(a), (b) shall be deemed to have successfully completed the examination program described in Clause 3.1.4.1.(1)(a) in the category of qualification described in Column 3 of Row 10 of Table 3.5.2.1., and (c) shall be deemed to have filed with the director the information required in Clause (1)(c) if the person filed with the director, before the day this Article came into force, the information required under Article 2.11.3.1. of Ontario Regulation 403/97 (Building Code), as that Article read on August 31, 2003. 3.1.3. Supervisors and Managers
Notes to Table 1.3.1.4.:
3.1.3.1. Qualifications (1) The following are prescribed as the qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties are solely the supervision or management of inspectors: (a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code and the powers and duties of chief building officials, (b) the person shall successfully complete the examination program administered by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code related to any one category of qualification set out in Column 3 of Table 3.5.2.1., and (c) the person shall file the information set out in Sentence 3.1.6.1.(1) with the director in a form established by the director. 3.1.4. Inspectors
Notes to Table 1.3.1.4.:
3.1.4.1. Qualifications (1) Except as provided in Article. 3.1.4.2. or 3.1.4.3., the following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties include plans review or inspection under the Act: (a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category or categories of qualifications in Column 3 of Table 3.5.2.1. that correspond to the types of buildings set out in Column 4 of Table 3.5.2.1. in respect of which the person will exercise the powers or perform the duties of an inspector under the Act, (b) the person shall file the information set out in Sentence 3.1.6.1.(1) with the director in a form established by the director. (2) An inspector who had, on August 31, 2003, the qualification described in Article 2.11.3.1., of Ontario Regulation 403/97 (Building Code), as that Article read on August 31, 2003, (a) shall be deemed to have successfully completed the examination program described in Clause (1)(a) in the category of qualification described in Column 3 of Row 10 of Table 3.5.2.1., and (b) shall be deemed to have filed with the director the information required in Clause (1)(b) if the person filed with the director, before September 1, 2003, the information required under Article 2.11.3.1. of Ontario Regulation 403/97 (Building Code), as that Article read on August 31, 2003.
Notes to Table 1.3.1.4.:
3.1.4.2. Qualifications for Intern Inspectors (1) A person appointed under the Act as an intern inspector whose duties include supervised plans review or inspection under the Act is exempt from the requirements in Article 3.1.4.1. if, (a) the person is enrolled in an internship program approved by the Minister, and (b) the person is supervised by an inspector or chief building official who meets the category of qualification in respect of which the person will exercise the powers or perform the duties. (2) An intern inspector described in Clause (1)(a) shall not issue orders under the Act except orders under subsections 12 (2) or 13 (1) of the Act. (3) An intern inspector described in Clause (1)(a) shall not undertake a site inspection of a building related to a notice in respect of, (a) substantial completion of footings and foundations prior to commencement of backfilling, or (b) completion of construction and installation of components required to permit the issuance of an occupancy permit under Sentence 1.3.3.1.(2) 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.
Notes to Table 1.3.1.4.:
3.1.4.3. Qualifications for Maintenance Program Inspectors (1) A person may be appointed or remain appointed under the Act as an inspector whose duties include maintenance inspections of sewage systems, even if the person does not satisfy the requirements in Article 3.1.4.1. in respect of these duties. (2) The authority of a person described in Sentence (1) to conduct maintenance inspections of sewage systems is subject to the following conditions: (a) the person shall be supervised by an inspector or chief building official who meets the category of qualification described in Column 3 of Row 10 of Table 3.5.2.1., and (b) the person shall not issue orders under the Act. 3.1.5. Updating of Qualifications
Notes to Table 1.3.1.4.:
3.1.5.1. Updating of Qualifications (1) When an examination that is part of an examination program referred to in Clause 3.1.2.1.(1)(a), 3.1.3.1.(1)(a) or (b) or 3.1.4.1.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 3.1.2.1.(1)(c), 3.1.3.1(1)(c) or 3.1.4.1.(1)(b), informed the director that the person completed the examination before it was replaced or who is deemed to have successfully completed the examination program. (2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the person filed with the director. (3) It is a prescribed qualification for the purposes of subsections 15.11 (1), (2) and (3) of the Act that, not later than 180 days after the day on which a notice referred to in Sentence (1) is sent, the person to whom the notice is given shall, (a) successfully complete all new examinations referred to in the notice, and (b) file the information set out in Sentence 3.1.6.1.(1) with the director in a form established by the director. 3.1.6. Information
Notes to Table 1.3.1.4.:
3.1.6.1. Qualifications (1) The information referred to in Clauses 3.1.2.1.(1)(c), 3.1.3.1.(1)(c), 3.1.4.1.(1)(b) and 3.1.5.1.(3)(b) is the following: (a) the person’s name, residence address and residential mailing address, if different from the residence address, (b) the name and address of every principal authority that has appointed the person as a chief building official or inspector under the Act, and (c) information about the examinations that the person has successfully completed, in such form and in such detail as may be required by the director. (2) A person who files information under Sentence (1) with the director shall advise the director of any change of the information not later than 15 days after the change. 3.1.7. Fees
Notes to Table 1.3.1.4.:
3.1.7.1. Fees (1) The fee payable upon the filing of information under Clause 3.1.2.1.(1)(c), 3.1.3.1.(1)(c), 3.1.4.1.(1)(b) or 3.1.5.1.(3)(b) is $80. (2) The amount of a fee referred to in Sentence (1) is reduced by $10 if the information is filed and the fee is paid in accordance with a means of electronic filing and payment specified by the director. (3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section. 3.1.8. Public Register
Notes to Table 1.3.1.4.:
3.1.8.1. Public Register (1) The director shall establish and maintain a register available to the public listing every person who has the qualifications required by subsections 15.11 (1), (2) and (3) of the Act and has been appointed as a chief building official or inspector by a principal authority. (2) The register referred to in Sentence (1) shall contain the following information with respect to each person listed in it: (a) the name of the person, (b) any identifying number assigned by the director to that person, (c) the name of each principal authority that has appointed the person as a chief building official or inspector, and (d) the qualifications of the person. 3.1.9. Categories of Qualifications
Notes to Table 1.3.1.4.:
3.1.9.1. Categories (1) Table 3.5.2.1. contains the categories of qualifications for the purposes of this Section. Section 3.2. Qualifications for Designers 3.2.1. Scope
Notes to Table 1.3.1.4.:
3.2.1.1. Scope (1) This Section prescribes, for the purposes of clause 8 (2) (c) and subsection 15.11 (5) of the Act, the qualifications for a person who carries out design activities after December 31, 2005. 3.2.2. General
Notes to Table 1.3.1.4.:
3.2.2.1. Persons Engaged in the Business of Providing Design Activities to the Public (1) Every person engaged in the business of providing design activities to the public, other than a person who is the holder of a Certificate of Practice or a Temporary Licence issued under the Architects Act, must have the qualification set out in Sentence 3.2.4.1.(1).
Notes to Table 1.3.1.4.:
3.2.2.2. Other Designers (1) Every person who carries out design activities, other than an architect, must have the qualifications set out in Sentence 3.2.5.1.(1) if the person is not required to have the qualification set out in Sentence 3.2.4.1.(1). 3.2.3. Definition
Notes to Table 1.3.1.4.:
3.2.3.1. Definition (1) In this Section, registered means registered under Article 3.2.4.2. 3.2.4. Qualifications – Persons Engaged in the Business of Providing Design Activities to the Public
Notes to Table 1.3.1.4.:
3.2.4.1. General (1) Except as provided in Sentences (3) and (4), every person engaged in the business of providing design activities to the public must have the following qualification: (a) the person must be registered with the director. (2) A registration shall be in a form established by the director. (3) A person is exempt from the requirement to comply with the qualification in Sentence (1) if the person’s design activities relate only to, (a) construction of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act, (b) construction of a building that is owned by that person, (c) construction of a farm building that is, (i) of low human occupancy, (ii) of 2 storeys or less in building height, and (iii) has a building area of less than 600 m2, (d) the extension, material alteration or repair of a detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each house, (e) a sewage system to be constructed by that person if the person is registered under Article 3.3.3.2., (f) construction of tents described in Sentence 3.14.1.2.(2) in Division B, (g) construction of signs, (h) construction of site services, including, (i) surface drainage, and (ii) plumbing located underground, either outside a building or under a building, (i) construction of a factory-built house certified to CAN/CSA-A277, “Procedure for Certification of Factory-Built Houses”, (j) construction of a mobile home conforming to CAN/CSA-Z240 Series, “Mobile Homes”, (k) construction of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers”, (l) construction of pre-engineered elements of a building if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances, (m) construction of appliances, equipment and similar incidental components of a building, or (n) construction of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued. (4) A person is exempt from the requirements to comply with the qualification in Sentence (1) if the person’s design activities are with respect to a detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each house and the design activities relate only to (a) a plumbing system, (b) a heating, ventilation and air-conditioning system, or (c) ancillary buildings such as garages.