jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1.1.1. Conformance with Administrative Requirements (1) This Code shall be administered in conformance with the Building Code Act, 1992. 1.1.2.Scope
1.1.2.1. Application (1) Reserved 1.1.3.Definitions of Words and Phrases
1.1.3.1. Non-defined Terms (1) Definitions of words and phrases used in this Code that are not included in the list of definitions in this Part shall have the meanings which are commonly assigned to them in the context in which they are used in this Code, taking into account the specialized use of terms with the various trades and professions to which the terminology applies.
2.1.1.1. Parts 1, 2, 7 and 12 (1) Parts 1, 2, 7 and 12 apply to all buildings.
2.1.1.2. Parts 3, 4, 5 and 6 (1) Except as provided in Article 2.1.1.5., Sentence 2.1.1.6.(1) and Subsection 2.1.2., Parts 3, 4, 5 and 6 apply to all buildings occupying an area greater than ten square meters and (a) used for (i) Group A, assembly occupancies, (ii) Group B, care or detention occupancies, or (iii) Group F, Division 1, high hazard industrial occupancies, and (b) exceeding 600 m2 in building area or exceeding 3 storeys in building height used for major occupancies classified as (i) Group C, residential occupancies, (ii) Group D, business and personal services occupancies, (iii) Group E, mercantile occupancies, or (iv) Group F, Division 2 and 3, medium and low hazard industrial occupancies.
2.1.1.3. Part 9 (1) Except as provided in Sentences 2.1.1.4.(2), 2.1.1.6.(1) and Article 2.1.1.5., Part 9 applies to buildings occupying an area greater than ten square metres (a) of 3 storeys or less in building height, (b) having a building area not exceeding 600 m2, and (c) used for (i) Group C, residential occupancies, (ii) Group D, business and personal services occupancies, (iii) Group E, mercantile occupancies, or (iv) Group F, Division 2 and 3, medium and low hazard industrial occupancies.
2.1.1.4. Site Assembled and Factory-Built Buildings (1) Except as provided in Sentence (2) and Article 2.1.1.7., this Code applies to the design and construction of site assembled buildings and manufactured buildings. (2) Except as provided in Sentence (3), a manufactured building intended for residential occupancy is deemed to comply with this Code if it is designed and constructed in compliance with (a) CAN/CSA-Z240.2.1, “Structural Requirements for Mobile Homes”, CAN/CSA-Z240.8.1., “Light Duty Windows” and CAN/CSA-Z240.3.1., “Plumbing Requirements for Mobile Homes”, if the building is constructed in Sections not wider than 4.88 m, or (b) CSA A-277 “Procedure for Certification of Factory-Built Houses”. (3) The requirements of this Code shall apply to (a) building components designed and constructed outside the place of manufacture, and (b) site installation of such buildings.
2.1.1.5. Farm Buildings (1) Except as provided in Sentences (2) and (3), farm buildings shall conform to the requirements in the CCBFC National Farm Building Code of Canada 1995. (2) Articles 1.1.1.2. and 3.1.8.1. and Subsections 3.1.4. and 4.1.4. in the National Farm Building Code of Canada do not apply to farm buildings. (3) In the National Farm Building Code of Canada, references in Articles 1.1.1.3., 1.2.1.2., 2.2.2.1., 2.2.2.2., 2.3.1.1., 2.3.2.1., 3.1.1.1., 3.1.1.2., 3.1.2.1. and 3.1.6.1. to the National Building Code of Canada are deemed to refer to this Code.
2.1.1.6. Renovation of Existing Buildings (1) Except as provided in Sentence (2), Part 11 applies to the design and construction of existing buildings, or parts of existing buildings, that have been in existence for at least five years. (2) Where a building has been in existence for at least five years but includes an addition that has been in existence for less than five years, Part 11 applies to the entire building.
2.1.1.7. Existing Buildings  (1) Except as provided in Section 3.15., Article 7.1.2.2., Section 9.41. and Part 11, where an existing building is extended or subject to material alteration or repair, the Code is applicable only to the design and construction of the extensions and those parts of the building that are subject to the material alteration or repair. (2) Where an existing previously occupied building is moved from the original location to be installed elsewhere, or is dismantled at the original location and moved to be reconstituted elsewhere, the Code applies only to changes to the design and construction of the building required as a result of moving the building.
2.1.1.8. Radon  (1) In addition to all other requirements, a building in the following designated areas shall be designed and constructed so that the annual average concentration of radon 222 does not exceed 250 millibecquerels per litre of air and the annual average concentration of the short lived daughters of radon 222 does not exceed 0.02 working levels inside the building (a) The Town of Elliot Lake in the Territorial District of Algoma, (b) The Township of Faraday in the County of Hastings, and (c) The geographic Township of Hyman in the Territorial District of Sudbury.
2.1.1.9. Durability of Parking Structures (1) Parking structures shall be designed in conformance with CAN/CSA-S413, “Parking Structures”.
2.1.1.10. Language Used on Required Signs (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.
2.1.1.11. Energy Efficiency (1) Except for buildings of residential occupancy within the scope of Part 9, farm buildings and areas of buildings intended primarily for manufacturing or commercial or industrial processing, the energy efficiency of all buildings shall be designed to good engineering practice such as described in (a) the ASHRAE/IES 90.1-1989, “Energy Efficient Design of New Buildings Except Lowrise Residential Buildings” and the Supplementary Guidelines to the 1997 OBC, or (b) the Model National Energy Code for Buildings, 1997.
2.1.1.12. Change of Use (1) Part 10 applies to existing buildings requiring a permit under Section 10 of the Act.
2.1.1.13. Building in Flood Plains (1) Buildings constructed on flood plains shall (a) be designed and constructed in accordance with good engineering practice to withstand anticipated vertical and horizontal hydrostatic pressures acting on the structure, and (b) incorporate floodproofing measures that will preserve the integrity of exits and means of egress during times of flooding.
2.1.1.14. Sewage Systems (1) Part 8 applies to the construction, operation and maintenance of all sewage systems and to the construction of buildings in the vicinity of sewage systems. 2.1.2.Designated Structures
2.1.2.1. Part 4 (1) Part 4 applies to the following designated structures: (a) a retaining wall exceeding 1 000 mm in exposed height adjacent to (i) public property, (ii) access to a building, or (iii) private property to which the public is admitted, (b) the structural requirements for signs regulated by Section 3.14., (c) a communication tower exceeding 16.6 m above ground level, (d) a pedestrian bridge appurtenant to a building, (e) a crane runway, (f) an exterior storage tank and its supporting structure which is not regulated by the Gasoline Handling Act or the Energy Act, (g) a dish antenna or a solar collector that is mounted on a building and has a face area equal to or greater than 5 m2, and (h) an outdoor pool that has a water depth greater than 3.5 m at any point. (2) Public pools are designated structures to which Section 3.11. applies. (3) Public spas are designated structures to which Section 3.11A. applies. 2.1.3.Building Size Determination
2.1.3.1. Building Divided by Firewalls (1) Where a firewall divides a building, each portion of the building so divided shall be considered as a separate building, except for the purpose of (a) gross area determination in Section 2.3., (b) a fire alarm and detection system in Sentence 3.2.4.2.(1) or Article 9.10.17.1., or (c) a plumbing system interconnected through a firewall.
2.1.3.2. Building Divided by Vertical Fire Separations (1) Except as permitted in Sentence (2), where portions of a building are completely separated by a vertical fire separation that has a fire-resistance rating of at least 1 h and extends through all storeys and service spaces of the separate portions, each separated portion is permitted to be considered as a separate building for the purpose of determining building height provided (a) each separated portion is not more than 3 storeys in building height and is used only for residential occupancies, and (b) the unobstructed path of travel for the firefighter from the nearest street to one entrance of each separated portion is not more than 45 m. (2) The vertical fire separation in Sentence (1) may terminate at the floor assembly immediately above a basement provided the basement conforms to Article 3.2.1.2. Section 2.2.Materials, Appliances, Systems and Equipment 2.2.1.General
2.2.1.1. Characteristics of Materials, Appliances, Systems and Equipment (1) All materials, appliances, systems and equipment installed to meet the requirements of this Code shall possess the necessary characteristics to perform their intended functions when installed in a building.
2.2.1.2. Recycled Materials, Used Materials, Appliances and Equipment (1) Unless otherwise specified, recycled materials in building products may be used and used materials, appliances and equipment may be reused when they meet the requirements of this Code for new materials and are satisfactory for the intended use. 2.2.2.Building Materials Evaluation Commission
2.2.2.1. Application Fee (1) The fee on an application to the Building Materials Evaluation Commission is $950.00. Section 2.3.Design and General Review 2.3.1.Design
2.3.2.1. General Review by Architect or Professional Engineer (1) Except as permitted in Sentence (2), a person who intends to construct or have constructed a building required to be designed by an architect, professional engineer or 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 are prepared by an architect, professional engineer or both and 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, copies of written reports arising out of the general review shall be forwarded to the chief building official or registered code agency, as the case may be, by the architect, professional engineer or both who have been retained to undertake the general review of the construction of the building. (2) An architect or a professional engineer need not be retained to undertake the general review of construction of a building where the building is designed in accordance with Section 9.38.
2.3.2.2. Restriction for General Review (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.
2.3.2.3. Demolition of a Building (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, drawn from the bottom of such footings, or (d) explosives or a laser are to be used during the course of demolition. Section 2.4.Permits and Inspections 2.4.1.Permits
2.4.1.1. Requirement for Permits (1) A person is exempt from the requirement to obtain a permit under Section 8 of the Act (a) for the demolition of a building located on a farm, (b) subject to Sentence (1.1), for the construction or demolition of a building in territory without municipal organization, or (c) for the construction of a Class 1 sewage system. (1.1) 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. (2) Where a permit is required for the demolition of a building in Sentence 2.3.2.3.(1), descriptions of the structural design characteristics of the building and the method of demolition shall be included in the application for a permit to demolish the building. (3) 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. (4) Reserved. (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.
2.4.1.1A. Applications for Permits under Section 8 of the Act (1) An application for a permit under Section 8 of the Act to construct or demolish a building shall be made after June 30, 2005 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) that is made after June 30, 2005 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.
2.4.1.2.Permits under Section 10 of the Act (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 2.4.1.2. takes place, (b) a suite of a Group C major occupancy is converted into more than one suite of Group C major occupancy, (b.1) 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 premise, (c) a farm building or part of a farm building is changed to a major occupancy, or (d) 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. Table 2.4.1.2. Permit Required for Change of Use Forming Part of Sentence 2.4.1.2.(1)(1)  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 2.4.1.2.: (1)See Clauses 2.4.1.2.(1)(a), 3.15.1.1.(1)(a) and 9.41.1.1.(1)(a). (2)Major occupancy of all or part of a building before change of use. (3)Major occupancy of all or part of a building after change of use. (4)See Clauses 2.4.1.2.(1)(b), 3.15.1.1.(1)(b), 9.41.1.1.(1)(b) and 11.4.2.3.(1)(b). (5)“N” is only applicable where the major occupancy of the entire suite is changed.
2.4.1.3. Conditional Permits (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 construction of the proposed building: (a) regulations made under Clause 28 (1) (e) of the Conservation Authorities Act, (b) Subsection 5 (3) of the Environmental Assessment Act, (c) Reserved (d) Subsection 24 (3) of the Niagara Escarpment Planning and Development Act, (e) Subsection 27 (3), subsection 30 (2), sections 33, 34 and 34.5, subsection 34.7 (2) and sections 40.1 and 42 of the Ontario Heritage Act. (f) Revoked: O. Reg. 305/03, s. 7 (1). (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 Building Code Act, 1992. (4) A permit issued under Subsection 8 (3) of the Act shall indicate its conditional nature. 2.4.2.Site Documents
2.4.2.1. 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 thereof posted at all times during construction or demolition in a conspicuous place on the property in respect of which the permit was issued.
2.4.2.2. 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 thereof received from the Building Materials Evaluation Commission, including specified terms and conditions. 2.4.3.Occupancy of Unfinished Building
2.4.3.1. Occupancy Permit (1) Except as permitted in Sentence 2.4.3.2.(1), a person may occupy or permit to be occupied any building or part thereof 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 thereof prior to its completion in accordance with Sentence (2). (2) 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 thereof is completed to the roof, (b) the enclosing walls of the building or part thereof 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 and fire separated including all doors, door hardware, self-closing devices, balustrades 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 kept free of loose materials and other hazards, (i) if service rooms should be in operation, required fire separations are completed and all closures installed, (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 thereto are completed to storeys to be occupied, (p) required fire fighting access routes have been provided and are accessible, and (q) the sewage system has been completed and is operational. (3) 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 (2) 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.
2.4.3.2. 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 not more than 3 storeys in building height and 600 m2 in building area, (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 2.1.1.8.
2.4.3.3. Notification (1) Where a person has occupied or permitted the occupancy of a building under this Subsection, such person shall notify the chief building official forthwith upon completion of the building. 2.4.4.Fire Department Inspection
2.4.4.1. 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. 2.4.5.Notices and Inspections
2.4.5.1. 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, (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, vapour barriers and air barriers, (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 2.1.2.1.(1)(h), a public pool or a public spa, (j) substantial completion of the circulation/recirculation system of an outdoor pool described in Clause 2.1.2.1.(1)(h), 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, and (n) completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 2.4.3.1.(2) or to permit occupancy under Sentence 2.4.3.2.(1), if the building or part of the building to be occupied is not fully completed.
2.4.5.2. 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 this Code other than Part 9, (c) commencement of construction of: (i) masonry fireplaces and masonry chimneys, (ii) factory-built fireplaces and allied chimneys, (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, and (i) completion and availability of drawings of the building as constructed. (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).
2.4.5.3. 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 2.4.5.1.(2), undertake a site inspection of the building to which the notice relates. (2) Where a notice given under Sentence 2.4.5.1.(2) relates to matters described in Clause 2.4.5.1.(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.
2.4.5.4. Exemption (1) A person is exempt from the requirement in Sentences 2.4.5.1.(2) and 2.4.5.2.(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) as it read on June 30, 2005, and (ii) the by-law passed by the municipality under Clause 7 (e) of the Act, as the by-law read on June 30, 2005. (2) Article 2.4.5.3. does not apply to construction to which Sentence (1) relates.
2.4.5.5. 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 2.18.4.1.(2) as it relates to: (i) the person registered under Article 2.18.3.2., and (ii) the person with the qualifications described in Clause 2.18.3.2.(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.
2.4.5.6. Orders (1) An order issued after June 30, 2005 under Subsection 12 (2), 13 (1), 13 (6) or 14 (1) or Clause 18 (1) (f) of the Act shall be in a form approved by the Minister. 2.4.6.As Constructed Plans
2.4.6.1. Application (1) Where the council of a municipality has passed a by-law pursuant to Subsection 7 (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 2.5.Climatic Data 2.5.1.Climatic and Seismic Values
2.5.1.1. Design Values (1) The climatic and seismic values required for the design of buildings under this Code shall be in conformance with the values provided in Table 2.5.1.1. Table 2.5.1.1. Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Table 2.5.1.1. (Cont’d) Design Data For Selected Locations in Ontario Forming part of Sentence 2.5.1.1.(1)  Section 2.6.Referenced Documents 2.6.1.Application
2.6.1.1. Limitation (1) The provisions of referenced documents in this Code apply only to the extent that they relate to buildings or to structures designated in Subsection 2.1.2. 2.6.2.Conflicting Requirements
2.6.2.1. Governing Documents (1) In the case of conflict between the provisions of this Code and those of a referenced document, the provisions of this Code shall govern. 2.6.3.Effective Date
2.6.3.1.Edition of Standard (1) Unless otherwise specified herein, the documents referenced in this Code shall include all amendments, revisions and supplements effective to September 1, 1997.
2.6.4.1. Comparable Test Results (1) The results of tests based on test standards other than as described in this Code may be used if the alternate test standards provide comparable results. Section 2.7.Equivalents 2.7.1.Application
2.7.1.1. General (1) A chief building official or a registered code agency may allow, under Section 9 of the Act, the use of materials, systems or building designs not authorized by this Code, if the use of the proposed materials, systems or building designs (a) is permitted under this Section, and (b) will, in the opinion of the chief building official or registered code agency, provide the level of performance that would be achieved by conforming with the requirements of this Code. (2) A chief building official or a registered code agency that allows, under Section 9 of the Act, the use of materials, systems or building designs not authorized by this Code shall make a record of the decision that includes: (a) the decision to allow the use of the material, system or building design, and (b) all documents in support of the request provided to the chief building official or registered code agency by the person requesting the use of the material, system or building design. 2.7.2.Acceptance of Equivalents
2.7.2.1. Materials (1) Materials not specifically described in Parts 3, 5, 6, 7, 8 and 9, or which vary from the specific requirements in those Parts or for which no recognized test procedure has been established, may be used if the person requesting the use of such material can establish on the basis of past performance, tests described in Article 2.7.2.4. or other evaluation that the use of the proposed material will provide the level of performance that would be achieved by conformance with the requirements of the building code.
2.7.2.2. Systems (1) Systems not specifically described in Parts 3, 5, 6, 7, 8 and 9, or for which no recognized test procedure has been established, may be used if the person requesting the use of such system can establish on the basis of past performance, tests described in Article 2.7.2.4. or other evaluation that the use of the proposed system will provide the level of performance that would be achieved by conformance with the requirements of the building code.
2.7.2.3. Building Designs (1) Building designs not specifically described in Part 4 may be used if the person requesting the use of such building design can establish that the use of the proposed building design will provide the level of performance that would be achieved by conformance with the requirements of the building code.
2.7.2.4. Tests (1) Where no published test method to establish the suitability of a material or system proposed under Articles 2.7.2.1. or 2.7.2.2. exists, then the tests used for the purposes of those Articles 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 the building code may, in accordance with Article 2.6.4.1., be used for the purposes of Sentence (1) if the alternate test standards provide comparable results. Section 2.8. Rulings and Interpretations 2.8.1.Designated Materials Evaluation Bodies
2.8.1.1. 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   Institute for Research in Construction   National Research Council of Canada   Montreal Road   Ottawa, Ontario   K1A 0R6 2.8.2.Minister’s Rulings
2.8.2.1. 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.
2.8.2.2. 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, (iii) an approval of the use of the material, system or building design under Section 9 of the Act by a chief building official, or (iv) a revision of the National Building Code of Canada that has been approved by the Canadian Commission on Building and Fire Codes. 2.8.3.Interpretations By Minister
2.8.3.1. 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. Section 2.9.Search Warrant 2.9.1.Forms
2.10.1.1. Divisions (1) The Building Code Commission may sit in two or more divisions simultaneously so long as a quorum of each division is present.
2.10.1.2. 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 Clause 24 (1) (b) or (c) of the Act.
2.10.1.3. Time Period (1) A hearing to decide a dispute described in Clause 2.10.1.2.(2)(b) shall be held not more than five days after the Commission receives an application for a hearing in a form approved by the Commission. (2) The time period described in Sentence (1) commences on the day after the Commission receives the application and excludes Saturdays, holidays and all other days when the offices of the Government of Ontario are not open for the transaction of business with the public.
2.10.1.4. 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 2.19.3.2. 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 2.11. Revoked: O. Reg. 305/03, s. 15. Section 2.12. Revoked: O. Reg. 305/03, s. 15. 2.13. Designated Persons and Powers 2.13.1. General
2.13.1.1. 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. 2.14. Prescribed Person 2.14.1. General
2.14.1.1. General (1) The director is prescribed for the purposes of Section 38.1 of the Act. 2.15.Enforcement of the Provisions of the Act and Building Code Related to Sewage Systems 2.15.1. General
2.15.1.1. General (1) Pursuant to Subsection 3.1 (1) of the Act, the boards of health and conservation authorities listed in Column 1 of Table 2.15.1.1. 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 2.15.1.1. Table 2.15.1.1.  Enforcement of the provisions of the Act and the Building Code related to Sewage Systems


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.


Column 1

Column 2 Section 2.16.Qualifications for Chief Building Officials and Inspectors 2.16.1.Scope
2.16.1.1. 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 after December 31, 2005 and to remain appointed after that day 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 on or after the day this Article comes into force and to remain appointed after that day (i) as an inspector who has the same powers and duties as a chief building official in relation to sewage systems, or (ii) as 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 after December 31, 2005 and to remain appointed after that day 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. 2.16.2.Chief Building Officials