Part 1 - General

Section 1.1 Application

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1.1.1. Application

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1.1.1.1. Application

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(1)This Part applies to all buildings covered in this Code. (See Article 1.1.1.1. of Division A.)

1.1.1.2. Conformance with Administrative Requirements

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(1)This Code shall be administered in conformance with the Act.

Section 1.2 Design and General Review

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1.2.1. Design

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1.2.1.1. Application

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(1)Article 1.2.1.2. applies with respect to a building described in clause 11(3)(a) or

(b)of the Architects Act or subsection 12(4) or clause 12(5)(a) of the Professional Engineers Act.

1.2.1.2. Design by Architect or Professional Engineer

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(1)A foundation of a building shall be designed by a professional engineer where,

(a)the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or

(b)underpinning of a foundation is to be undertaken.

(2)A sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be designed by a professional engineer.

(3)A shelf and rack storage system described in Section 3.16. of Division B shall be designed by a professional engineer.

(4)The time-based egress analysis for a shelf and rack storage system described in Sentence 3.16.1.7.(7) of Division B shall be prepared or provided by an architect or a professional engineer or a combination of both.

(5)The supporting framing structure and anchorage system for a tent occupying an area greater than 225 m² shall be designed by a professional engineer.

(6)A sign structure attached in any manner to a building shall be designed by an architect or a professional engineer or a combination of both where it is,

(a)a projecting sign that weighs more than 115 kg, or

(b)a roof sign that has any face that is more than 10 m².

(7)A projecting sign attached in any manner to a parapet wall shall be designed by an architect or a professional engineer or a combination of both.

1.2.2. General Review

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1.2.2.1. General Review by Architect or Professional Engineer

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(1)The construction, including, for greater certainty, enlargement or alteration, of every building or part of it described in Table 1.2.2.1. shall be reviewed by an architect or a professional engineer or a combination of both as set out in Column 3 of the Table.

(2)A person who intends to construct or have constructed a building or part of it required by Sentences (1) and (4) to (9) to be reviewed by an architect or a professional engineer or a combination of both, shall ensure that an architect, professional engineer or both are retained to undertake the general review of the construction of the building in accordance with the performance standards of the Ontario Association of Architects or the Association of Professional Engineers of Ontario, as applicable, to determine whether the construction is in general conformity with the plans, sketches, drawings, graphic representations, specifications and other documents that form the basis for the issuance of a permit under section 8 of the Act or any changes to it authorized by the chief building official.

(3)The architect, professional engineer or both who have been retained to undertake the general review of the construction of a building, shall forward copies of written reports arising out of the general review to the chief building official or registered code agency, as the case may be.

(4)Requirements for general review by an architect or a professional engineer or a combination of both for the construction, including, for greater certainty, enlargement or alteration, of a building are set out in the Architects Act and the Professional Engineers Act.

(a)the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or

(b)underpinning of a foundation is to be undertaken.

(5)Building Description General Review by: Industrial occupancy and one or more other major occupancies where the portion of the area occupied by one of the other major or subsidiary occupancies exceeds 600 m²

(6)The construction of a shelf and rack storage system described in Section 3.16. of Division B shall be reviewed by a professional engineer.

(7)The construction of a supporting framing structure and anchorage system for a tent occupying an area greater than 225 m² shall be reviewed by a professional engineer.

(8)The construction of a sign structure shall be reviewed by an architect or a professional engineer or a combination of both, where the sign is,

(a)a ground sign that exceeds 7.5 m in height above the adjacent finished ground,

(b)a projecting sign that weighs more than 115 kg, or

(c)a roof sign that has any face that is more than 10 m².

(9)The construction of a projecting sign attached in any manner to a parapet wall shall be reviewed by an architect, professional engineer or a combination of both.

(10)The construction of a demountable stage or demountable support structure regulated by Section 3.17. of Division B shall be reviewed by a professional engineer. Table 1.2.2.1. General Review

1.2.2.2. Restriction for General Review

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(1)Only an architect may carry out or provide the general review of the construction of a building,

(a)that is constructed in accordance with a design prepared or provided by an architect, or

(b)in relation to services that are provided by an architect in connection with the design in accordance with which the building is constructed.

(2)Only a professional engineer may carry out or provide the general review of the construction of a building,

(a)that is constructed in accordance with a design prepared or provided by a professional engineer, or

(b)in relation to services that are provided by a professional engineer in connection with the design in accordance with which the building is constructed.

1.2.2.3. Demolition of a Building

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(1)The applicant for a permit respecting the demolition of a building shall retain a professional engineer to undertake the general review of the project during demolition, where,

(a)the building exceeds 3 storeys in building height or 600 m² in building area,

(b)the building structure includes pre-tensioned or post-tensioned members,

(c)it is proposed that the demolition will extend below the level of the footings of any adjacent building and occur within the angle of repose of the soil, as drawn from the bottom of such footings, or

(d)explosives or a laser are to be used during the course of demolition.

Section 1.3 Permits and Inspections

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1.3.1. Permits

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1.3.1.1. Requirement for Permits

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(1)A person is exempt from the requirement to obtain a permit under section 8 of the Act,

(a)for the demolition of a farm building located on a farm,

(b)subject to Sentence (2), for the construction or demolition of a building in territory without municipal organization, or

(c)for the construction of a Class 1 sewage system.

(2)The exemption in Clause (1)(b) from the requirement to obtain a permit does not apply to the construction of a sewage system in territory without municipal organization.

(3)The application for a permit respecting the demolition of a building to which Sentence 1.2.2.3.(1) applies shall include descriptions of the structural design characteristics of the building and the method of demolition of the building.

(4)No person shall commence demolition of a building or any part of a building before the building has been vacated by the occupants except where the safety of the occupants is not affected.

(5)A tent or group of tents is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with the Code provided that the tent or group of tents are,

(a)not more than 60 m² in aggregate ground area,

(b)not attached to a building, and

(c)constructed more than 3 m from other structures.

(6)A shed is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code, provided that the shed,

(a)is not more than 15 m² in gross area,

(b)is not more than one storey in building height,

(c)is not attached to a building or any other structure,

(d)is used only for storage purposes ancillary to a principal building on the lot, and

(e)does not have plumbing.

(7)A demountable stage or demountable support structure not regulated by Section 3.17. of Division B is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code.

1.3.1.2. Applications for Permits under Section 8 of the Act

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(1)An application for a permit under section 8 of the Act to construct or demolish a building shall be made by,

(a)the owner of the property on which the proposed construction or demolition is to take place, or

(b)the authorized agent of the owner referred to in Clause (a).

(2)An application referred to in Sentence (1) shall be in a form approved by the Minister.

(3)In Sentence (1), “owner” includes, in respect of the property on which the construction or demolition will take place, the registered owner, a lessee and a mortgagee in possession.

1.3.1.3. Period Within Which a Permit is Issued or Refused

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(1)Subject to Sentences (2) and (3) and unless the circumstances set out in Sentence (6) exist, if an application for a permit under subsection 8(1) of the Act that meets the requirements of Sentence (5) is submitted to a chief building official, the chief building official shall, within the time period set out in Column 2 of Table 1.3.1.3. corresponding to the class of building described in Column 1 of Table 1.3.1.3. for which the application is made,

(a)issue the permit, or

(b)refuse to issue the permit and provide in writing all of the reasons for the refusal.

(2)If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of two or more buildings of different classes described in Column 1 of Table 1.3.1.3. that have different time periods in Column 2 of Table 1.3.1.3., the longer of the time periods shall be the time period for the purposes of Sentence (1).

(3)If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of a building described in Sentence (4), the time period for the purposes of Sentence (1) shall be the longer of,

(a)10 days, and

(b)the time period corresponding to the class of the building described in Column 1 of Table 1.3.1.3. that the building described in Sentence (4) serves, if any.

(4)A building referred to in Sentence (3) is,

(a)a structure occupying an area of 10 m² or less that contains plumbing, including the plumbing appurtenant to it,

(b)plumbing not located in a structure,

(c)a sewage system, or

(d)a structure designated in Article 1.3.3.5. of Division A.

(5)The requirements that an application for a permit under subsection 8(1) of the Act must meet for the purposes of Sentence (1) are,

(a)that the application is made in the form described in Sentence 1.3.1.2.(2),

(ii)the application is accompanied by the plans and specifications prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Act,

(iii)the application is accompanied by the information and documents prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Act which enable the chief building official to determine whether the proposed building, construction or demolition will contravene any applicable law, and

(iv)the proposed building, construction or demolition will not contravene any applicable law.

(b)that the applicant for the permit is a person described in Clause 1.3.1.2.(1)(a) or (b),

(c)that all applicable fields on the application form and required schedules are completed,

(d)that all required schedules are submitted with the application,

(e)that payment is made of all fees that are required, under the applicable by-law, resolution or regulation made under clause 7(1)(c) of the Act, to be paid when the application is made, and

(f)that the applicant has declared in writing that,

(i)the application meets all the requirements set out in Clauses

(6)The chief building official is not required to make a decision within the time period required by Sentence (1) with respect to an application that meets the requirements of Sentence (5) if the chief building official,

(a)determines that,

(i)the application is not accompanied by the plans, specifications, information and documents referred to in Subclauses (5)(f)(ii) and (iii), or

(ii)the proposed building, construction or demolition will contravene any applicable law, and

(b)advises the applicant of his or her determination and provides in writing the reasons for the determination within two days.

(7)Subject to Sentences (9) and (10), the time period described in Sentences (1) to (3) and in Clause (6)(b) shall begin on the day following the day on which an application that meets the requirements of Sentence (5) is submitted to the chief building official.

(8)The time periods described in Column 2 of Table 1.3.1.3. and in Clause (6)(b) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

(9)The time period in Sentence (10) applies where,

(a)an application is made for the construction of a building that is served by a sewage system,

(b)construction is proposed in respect of the sewage system that serves the building, and

(c)a board of health, conservation authority, planning board or the council of an upper-tier municipality is responsible for the enforcement of the provisions of the Act and this Code related to the sewage system under section 3.1 of the Act or pursuant to an agreement under section 6.2 of the Act.

(10)The time period described in Sentences (1) to (3) and in Clause (6)(b) for an application referred to in Clause (9)(a) shall begin on the day following the later of,

(a)Buildings described in Sentence 1.3.3.2.(1) of Division A, other than buildings described in Column 1 of any of Items 1 and 4 of this Table. 20 days

(b)the day on which a permit for the construction of the sewage system referred to in Clause (9)(b) is issued. Table 1.3.1.3. Period Within Which Permit Shall be Issued or Refused Forming Part of Article 1.3.1.3. Item Class of Building Time Period

(c)of Division A, other than buildings described in Column 1 of any of Items 1 and 4 of this Table. 15 days

(d)A sign to which Section 3.15. of Division B applies.

(e)A demountable stage or demountable support structure to which Section 3.17. of Division B applies.

1.3.1.4. Permits Under Section 10 of the Act

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(1)Except as provided in Sentence (2), the following changes in use of a building or part of a building constitute an increase in hazard for the purposes of section 10 of the Act and require a permit under section 10 of the Act:

(a)a change of the major occupancy of all or part of a building that is designated with a “Y” in Table 1.3.1.4. takes place,

(b)a suite of a Group C major occupancy is converted into more than one suite of Group C major occupancy,

(c)a suite or part of a suite of a Group A, Division 2 or a Group A, Division 4 major occupancy is converted to a gaming premises,

(d)a farm building or part of a farm building is changed to another major occupancy other than a Group G major occupancy,

(e)a farm building or part of a farm building is changed to a Group G, Division 1 major occupancy.

(f)a building or part of a building is changed to a post-disaster building,

(g)a building or part of a building is changed to a retirement home, or

(h)the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined. (2) A person is exempt from the requirement to obtain a permit under section 10 of the Act where the change in use of the building or part of the building will result from proposed construction and a permit under section 8 of the Act has been issued in respect of such construction. (3) A person is exempt from the requirement to obtain a permit under section 10 of the Act for the change of use of a building in unorganized territory. Table 1.3.1.4. Permit Required for Change of Use Forming Part of Sentence 1.3.1.4.(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

(5)“N” is only applicable where the major occupancy of the entire suite is changed.

(4)See Clause 1.3.1.4.(1)(b), Subclause 3.18.1.1.(1)(a)(ii) of Division B and Clauses 9.41.1.1.(1)(b) and 11.4.2.3.(1)(b) of Division B.

(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.

1.3.1.5. Conditional Permits

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(1)The chief building official shall not issue a conditional permit for any stage of construction under subsection 8(3) of the Act unless compliance with the following applicable laws has been achieved in respect of the proposed building or construction:

(a)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)section 28 of the Conservation Authorities Act with respect to the prohibition of development activities,

(c)no person informed the committee of adjustment of objections to the minor variances either in writing or in person at the hearing of the application. (3) For the purposes of issuing a conditional permit under subsection 8 (3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where the construction in respect of which the conditional permit is issued is required in order to comply with an order issued under subsection 21(1) of the Fire Protection and Prevention Act, 1997 or under subsection 15.9 (4) of the Act. (4) A permit issued under subsection 8(3) of the Act shall indicate its conditional nature.

(d)regulations made by a conservation authority under clause 28(1)(c) of the Conservation Authorities Act as it read immediately before its repeal by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, with respect to permission of the authority for the construction of a building or structure if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development,

(e)section 17.2 of the Environmental Assessment Act with respect to the approval of the Minister or the Ontario Land Tribunal to proceed with a project,

(f)subsection 24(3) of the Niagara Escarpment Planning and Development Act,

(g)subsection 27(9) of the Ontario Heritage Act,

(h)subsection 30(2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alteration or demolition of a building where the council of the municipality has given a notice of intent to designate the building under subsection 29(3) of that Act,

(i)section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property,

(j)section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building,

(k)section 34.5 of the Ontario Heritage Act with respect to the consent of the Minister to the alteration or demolition of a designated building,

(l)subsection 34.7(2) of the Ontario Heritage Act with respect to a consent of the Minister to the alteration or demolition of a building where the Minister has given a notice of intent to designate the building under section 34.6 of that Act,

(m)by-laws made under section 40.1 of the Ontario Heritage Act,

(n)section 42 of the Ontario Heritage Act with respect to the permit given by the council of a municipality for the erection, alteration or demolition of a building,

(o)section 17.4 of the Ontario New Home Warranties Plan Act with respect to the provision of a confirmation by the Registrar for the construction of a residential condominium conversion project. (2) For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where,

1.3.1.6. Information to be Given to Tarion Warranty Corporation

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

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

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

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

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

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

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

(6)The time period described in Sentence (5) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

1.3.1.7. Information to be Given to the Fire Chief or Clerk

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(1)This Article applies to buildings,

(a)constructed using,

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

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

(b)other than a house, and

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

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

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

(b)the address of the building, and

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

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

(4)The time period described in Sentence (3) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

1.3.2. Site Documents

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1.3.2.1. Permit Posting

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(1)Where a permit has been issued pursuant to the Act, the person to whom it is issued shall have the permit or a copy of it posted at all times during construction or demolition in a conspicuous place on the property in respect of which the permit was issued.

1.3.2.2. Documentation on Site

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(1)The person in charge of the construction of the building shall keep and maintain on the site of the construction,

(a)at least one copy of drawings and specifications certified by the chief building official or a person designated by the chief building official to be a copy of those submitted with the application for the permit to construct the building, together with changes that are authorized by the chief building official or a person designated by the chief building official,

(b)copies of authorizations of the Building Materials Evaluation Commission on the basis of which the permit was issued, and

(c)copies of rulings of the Minister, made under clause 29(1)(a) or

1.3.3. Occupancy of Buildings

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1.3.3.1. Occupancy Permit — General

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(1)Except as permitted in Sentence 1.3.3.2.(1), a person may occupy or permit to be occupied any building or part of it that has not been fully completed at the date of occupation where the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it prior to its completion in accordance with Sentence (3).

(2)Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. applies.

(3)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building, where,

(a)the structure of the building or part of it is completed to the roof,

(b)the enclosing walls of the building or part of them are completed to the roof,

(c)the walls enclosing the space to be occupied are completed, including balcony guards,

(d)all required fire separations and closures are completed on all storeys to be occupied,

(e)all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails, from the uppermost floor to be occupied down to grade level and below if an exit connects with lower storeys,

(f)all shafts including closures are completed to the floor-ceiling assembly above the storey to be occupied and have a temporary fire separation at such assembly,

(g)measures have been taken to prevent access to parts of the building and site that are incomplete or still under construction,

(h)floors, halls, lobbies and required means of egress are free of loose materials and other hazards,

(i)if service rooms should be in operation, required fire separations and closures are completed,

(j)all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

(k)required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

(l)required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,

(m)required standpipe, sprinkler and fire alarm systems are complete and operational up to and including all storeys to be occupied, together with required pumper connections for such standpipes and sprinklers,

(n)required fire extinguishers have been installed on all storeys to be occupied,

(o)main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,

(p)required firefighting access routes have been provided and are accessible, and

(q)the sewage system has been completed and is operational.

(4)Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or

(c)of the Act in respect of the construction of the building, the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (3) after receipt of a certificate for the occupancy of a building not fully completed issued by the registered code agency in respect of the building.

(5)Where applicable, the chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of the building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

1.3.3.2. Conditions for Residential Occupancy

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(1)A person may occupy or permit to be occupied a building intended for residential occupancy that has not been fully completed at the date of occupation provided that,

(a)the building,

(i)is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

(ii)has not more than 1 dwelling unit above another dwelling unit,

(iii)has not more than 2 dwelling units sharing a common means of egress,

(iv)has no accommodation for tourists, and

(v)is not used for a retirement home,

(b)the following building components and systems are complete, operational and inspected:

(i)required exits, handrails and guards, fire alarm and detection systems, and fire separations,

(ii)required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and a dwelling unit,

(iii)water supply, sewage disposal, lighting and heating systems, and

(iv)protection of foamed plastics required by Article 9.10.17.10. of Division B,

(c)the following building components and systems are complete, operational, inspected and tested:

(i)water systems,

(ii)building drains and building sewers, and

(iii)drainage systems and venting systems, and

(iv)where applicable, the building conforms to Article 9.1.1.7. of Division B.

(2)Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4. or 1.3.3.5. applies.

(3)Where applicable, a person shall not occupy or permit to be occupied a building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

1.3.3.3. Notification

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(1)Where a person has occupied or permitted the occupancy of a building under Article 1.3.3.1. or 1.3.3.2., such person shall notify the chief building official forthwith upon completion of the building.

1.3.3.4. Occupancy Permit — Certain Buildings of Residential Occupancy

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(1)No person shall occupy or permit to be occupied a building described in Sentence (3), or part of it, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (4).

(2)This Article does not apply in respect of the occupancy of an existing building, or part of it, that has been subject to extension or material alteration or repair.

(3)A building referred to in Sentence (1) is a building intended for residential occupancy that,

(a)is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

(b)has no accommodation for tourists,

(c)does not have a dwelling unit above another dwelling unit,

(d)does not have any dwelling units sharing a common means of egress, and

(e)does not contain a retirement home.

(4)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building described in Sentence (3), where,

(a)the structure of the building with respect to the dwelling unit to be occupied is substantially complete and ready to be used for its intended purpose,

(b)the building envelope, including, but not limited to, cladding, roofing, windows, doors, assemblies requiring fire- resistance ratings, closures, insulation, vapour barriers and air barriers, with respect to the dwelling unit to be occupied, is substantially complete,

(c)of the Act in respect of the construction of a building described in Sentence (3), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (4) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C issued by the registered code agency in respect of the building. (6) Where applicable, the chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of the building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

(d)required electrical supply is provided for the dwelling unit to be occupied,

(e)required firefighting access routes to the building have been provided and are accessible,

(f)the following building components and systems are complete and operational for the dwelling unit to be occupied:

(i)required exits, floor access and egress systems, handrails, guards, smoke alarms, carbon monoxide alarms and fire separations, including, but not limited to, fire stops,

(ii)required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and the dwelling unit,

(iii)water supply, sewage disposal, lighting and heating systems, and

(iv)protection of foamed plastics required by Article 9.10.17.10. of Division B,

(g)the following building components and systems are complete, operational and tested for the dwelling unit to be occupied:

(i)water system,

(ii)building drain and building sewer, and

(iii)drainage system and venting system,

(h)required plumbing fixtures in the dwelling unit to be occupied are substantially complete and operational, and

(i)where applicable, the building conforms to Article 9.1.1.7. of Division B with respect to the dwelling unit to be occupied. (5) Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or

1.3.3.5. Occupancy Permit — Buildings Within the Scope of Article 3.2.2.51. or 3.2.2.60.

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(1)No person shall occupy or permit to be occupied a building within the scope of Article 3.2.2.51. or 3.2.2.60. of Division B, or part of it, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (3).

(2)This Article does not apply in respect of the occupancy of an existing building, or part of it, that has been subject to extension or material alteration or repair.

(3)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building described in Sentence (1), where

(a)the structure of the building is completed to the roof,

(b)the building envelope, including, but not limited to, cladding, roofing, windows, doors, assemblies requiring fire- resistance ratings, closures, insulation, vapour barriers and air barriers, is complete,

(c)of the Act in respect of the construction of a building described in Sentence (1), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (3) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C issued by the registered code agency in respect of the building.

(d)all required fire separations and closures are completed,

(e)all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails,

(f)all shafts including closures are completed,

(g)measures have been taken to prevent access to parts of the building and site that are incomplete or still under construction,

(h)floors, halls, lobbies and required means of egress are free of loose materials and other hazards,

(i)if service rooms should be in operation, required fire separations and closures are completed,

(j)all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

(k)required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

(l)required lighting in corridors, stairways and exits is completed and operational,

(m)required standpipe, sprinkler and fire alarm systems are complete and operational, together with required pumper connections for such standpipes and sprinklers,

(n)required smoke alarms and carbon monoxide alarms are complete and operational,

(o)required fire extinguishers have been installed,

(p)main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,

(q)required firefighting access routes have been provided and are accessible, and

(r)the sewage system has been completed and is operational. (4) Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or

1.3.3.6. Occupancy Permit — Buildings in the Lower Don Area of Toronto

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(1)Except as provided in Sentence (2), this Article applies to buildings constructed on land in the City of Toronto being the land outlined in red on a map numbered 230 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

(2)This Article does not apply to a building that complies with,

(a)the official plan of the City of Toronto approved under section 17 of the Planning Act as the official plan read on the day Ontario Regulation 388/18 is filed, or

(b)a by-law made by the City of Toronto under section 34 of the Planning Act as the by-law read on the day Ontario Regulation 388/18 is filed.

(3)No person shall occupy or permit to be occupied a building or part of it to which this Article applies, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (4).

(4)The chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of a building or part of it unless,

(a)hydraulic modelling carried out by or on behalf of the Toronto Region Conservation Authority demonstrates that the lot or parcel of land on which the building is constructed is no longer susceptible to flooding due to the completion of the flood protection features described in Section 4.5 of WT, “Port Lands Flood Protection and Enabling Infrastructure Due Diligence Report”, and

(b)the construction of the building or part of it is in compliance with Clauses 1.3.3.1.(3)(a) to (q), 1.3.3.2.(1)(a) to (d), 1.3.3.4.(4)(a) to (i), 1.3.3.5.(3)(a) to

(r)or 1.3.3.7.(8)(a) to (y), as applicable.

1.3.3.7. Occupancy Permit — Super Tall Buildings

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(1)This Article applies to a building,

(a)that is 65 or more storeys in building height or more than 250 m in height, and

(b)for which the applicant for the permit has provided notice in accordance with Sentence (6) to the chief building official that they intend to occupy or permit the building or part of the building to be occupied in accordance with this Article.

(2)This Article applies to the occupation of a building where the structure and enclosing walls of the building are not completed to the roof.

(3)For greater certainty, once the structure and enclosing walls of the building are completed to the roof, Article 1.3.3.1. applies to the authorization of occupation of the remainder of the building.

(4)This Article does not permit the occupation of exterior balconies, podiums, terraces, platforms and contained open spaces.

(5)This Article does not permit occupation if the means of egress are located on faces of the building where there is overhead lifting of heavy construction materials, elements and equipment.

(6)The notice described in Clause (1)(b) must have been provided to the chief building official at the time the first application for a permit under section 8 of the Act is made in respect of the building.

(7)No person shall occupy or permit to be occupied a building or part of a building described in Sentence (1) unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (8).

(8)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building where,

(a)agree in writing with the municipality to assume all risk in occupying or authorizing the occupation of the building or part of it in accordance with this Article and comply with such other conditions as the chief building official considers necessary, including the provision of security, indemnities and evidence of insurance, and

(b)providing access to the parts of the building to be occupied, including access for occupants, vehicles and deliveries, that is separate and independent from access to the parts of the building and site that are incomplete or still under construction,

(i)a plan for phasing of construction and occupancy,

(ii)a site safety plan addressing the means to ensure safety of the occupants and public while construction is ongoing, including, A. measures to protect occupants and the public from risks associated with the lifting of heavy construction materials, elements and equipment, B. measures for safeguarding occupant wellbeing while construction is ongoing, including the disposal of construction debris, noise, dust, odour, harmful airborne chemicals, non-airborne contaminants, pests and vibrations, including the transfer of vibrations from concrete pumping and pouring to the parts of the building to be occupied, and C. measures to address risks, hazards and occupant comfort associated with the proximity of exterior crane masts, concrete pumping pipes and exterior hoists and their tie-back systems,

(iii)a report from a professional engineer that attests, A. to the adequacy of the measures to safeguard life, health and property, B. that ongoing construction will not adversely impact the structural adequacy of the parts of the building to be occupied, and C. that the design of the climbing barriers, fall protection systems and horizontal and vertical safety nets meets the requirements of Sentence (11),

(iv)a report from a third-party professional engineer that has reviewed the adequacy of the measures to safeguard life, health and property, if that review is required by chief building official, and

(v)the report arising from the review conducted in accordance with Sentence (12). (10) Measures described in Clause (8)(k) shall include,

(c)be located immediately below the storey where the construction is located. (12) Prior to occupancy, the construction of the parts of the building to be occupied shall be reviewed by a professional engineer or an architect in accordance with Article 1.2.2.1. (13) Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or

(d)ensuring that access to the construction area, including any construction staging and loading areas, shall be on a different face of the building than the access to and within the parts of the building to be occupied,

(e)installing temporary or permanent physical barriers to protect the parts of the building to be occupied from falling machinery, equipment, tools, construction materials and any other material or debris, and

(f)installing climbing physical barriers, fall protection and horizontal and vertical safety nets in accordance with Sentence (11). (11) The climbing physical barriers, fall protection systems and horizontal and vertical safety nets referred to in Clause (10)(f), shall,

(g)all shafts, including closures, are completed to the floor-ceiling assembly that is 5 storeys above the uppermost storey to be occupied and have a temporary fire separation at such assembly,

(h)all shafts in the parts of the building that are incomplete or are still under construction are protected against falling objects,

(i)where there is a crane mast inside the building, walls acting as guards shall,

(ii)be designed and constructed to withstand the loading values specified in Sentence 4.1.5.15.(1) of Division B, where the crane mast or part of the crane mast is located in a storage garage,

(j)the ceiling of the floor-ceiling assembly above the uppermost storey to be occupied is complete and weather-tight and the floor-ceiling assembly is insulated to prevent condensation,

(k)measures have been taken to,

(i)separate the parts of the building to be occupied from the parts of the building and site that are incomplete or still under construction,

(ii)prevent access to parts of the building and site that are incomplete or still under construction, and

(iii)protect occupants and members of the public while construction is ongoing,

(l)floors, halls, lobbies and required means of egress are free of loose materials and other hazards,

(m)if service rooms should be in operation, required fire separations and closures are completed,

(n)all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

(o)required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

(p)required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,

(q)required ventilation is installed and operational for the floor areas to be occupied,

(r)required sprinkler, fire alarm and smoke control systems, along with required pumper connections for the sprinklers, are complete and operational up to and including the storey to be occupied,

(s)required standpipe systems are installed and operational up to the storey below the uppermost storey for which the structure of the building is complete, including required pumper connections for such standpipe systems,

(t)required fire extinguishers have been installed on all storeys to be occupied and for which the structure of the building is complete,

(u)main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,

(v)required firefighting access routes have been provided and are accessible,

(w)required elevators for use by firefighters are complete and tested as operational up to and including the storey immediately above the uppermost storey to be occupied,

(x)a covered way is installed and complete over all required means of egress from the building, and all other areas on the property that can be accessed by occupants of the building, that,

(i)has an unobstructed height of at least 2400 mm,

(ii)has an unobstructed width of at least the width of the means of egress,

(iii)is capable of supporting any loads likely to be encountered as determined by a professional engineer, including snow loads and impact loads from construction,

(iv)has a weather-tight roof,

(v)has partitions with smooth surfaces on the side accessible to occupants,

(vi)has adequate lighting within the covered way, and

(vii)otherwise complies with the requirements in Articles 3.8.1.3., and 3.8.2.2. of Division B, as applicable, and

(y)the requirements set out in Sentences (9) to (13) are complied with. (9) The person to whom a permit under section 8 of the Act is issued in respect of the building, and such other person as the chief building official determines, shall,

1.3.4. Fire Department Inspection

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1.3.4.1. Fire Department Approval

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(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

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1.3.5.1. Prescribed Notices

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(1)This Article sets out the notices that are required under section 10.2 of the Act.

(2)The person to whom a permit under section 8 of the Act is issued shall notify the chief building official or, where a registered code agency is appointed under the Act in respect of the construction to which the notice relates, the registered code agency of,

(a)readiness to construct footings,

(b)substantial completion of footings and foundations prior to commencement of backfilling,

(c)substantial completion of structural framing and ductwork and piping for heating and air-conditioning systems, if the building is within the scope of Part 9 of Division B,

(d)substantial completion of structural framing and roughing-in of heating, ventilation, air-conditioning and air- contaminant extraction equipment, if the building is not a building to which Clause (c) applies,

(e)substantial completion of insulation and vapour barriers,

(f)substantial completion of air barrier systems,

(g)substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems,

(h)substantial completion of fire access routes,

(i)readiness for inspection and testing of,

(ii)water service pipes,

(iii)fire service mains,

(iv)drainage systems and venting systems,

(v)the water distribution system, and

(vi)plumbing fixtures and plumbing appliances,

(j)readiness for inspection of suction and gravity outlets, covers and suction piping serving outlets of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or a public spa,

(k)substantial completion of the circulation / recirculation system of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or public spa and substantial completion of the pool before it is first filled with water,

(l)readiness to construct the sewage system,

(m)substantial completion of the installation of the sewage system before the commencement of backfilling,

(n)substantial completion of installation of plumbing not located in a structure, before the commencement of backfilling,

(o)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.1.(3) or to permit occupancy under Sentence 1.3.3.2.(1), if the building or part of the building to be occupied is not fully completed, and

(p)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.4.(4), 1.3.3.5.(3) or 1.3.3.7.(8).

1.3.5.2. Additional Notices

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

(a)commencement of construction of the building,

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

(c)commencement of construction of,

(i)masonry fireplaces and masonry chimneys,

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

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

(d)substantial completion of interior finishes,

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

(f)substantial completion of exterior cladding,

(g)substantial completion of site grading,

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

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

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

1.3.5.3. Prescribed Inspections

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(1)Except as provided in Sentence (2), an inspector or registered code agency, as the case may be, shall, not later than two days after receipt of a notice given under Sentence 1.3.5.1.(2), undertake a site inspection of the building to which the notice relates.

(2)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(l) or (m), an inspector or registered code agency, as the case may be, shall, not later than five days after receipt of the notice, undertake a site inspection of the sewage system to which the notice relates.

(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)For greater certainty, when undertaking an inspection required under Sentence (1) or (2), the inspector or registered code agency, as the case may be, may choose to not attend at the physical site of the building and may instead undertake the inspection using other means.

(5)The time periods referred to in Sentences (1) and (2) shall begin on the day following the day on which the notice is given.

(6)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.

1.3.5.4. Construction of Sewage Systems

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(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 3.3.3.2.(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.

1.3.5.5. Orders

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

1.3.6. As Constructed Plans

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1.3.6.1. Application

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(1)Where a by-law, resolution or regulation has been made by a principal authority under clause 7(1)(g) of the Act, the chief building official may require that as constructed plans for the whole of, or any part or system of, a building or any class of buildings be provided by the persons responsible for the construction.

Section 1.4 Search Warrant

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1.4.1. Forms

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1.4.1.1. Information & Warrant Forms

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

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

Section 1.5 Designated Persons and Powers

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1.5.1. General

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1.5.1.1. General

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

(a)chief building officials,

(b)inspectors,

(c)registered code agencies,

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

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

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

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

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

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

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

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

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

Section 1.6 Prescribed Person

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1.6.1. General

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1.6.1.1. General

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(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 this Code Related to Sewage Systems

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1.7.1. General

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1.7.1.1. General

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

Section 1.8 Language

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1.8.1. Language

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1.8.1.1. Language Used on Required Signs

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(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.Section 1.9. Fees

Section 1.9 Fees

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1.9.1. Fees

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1.9.1.1. Annual Report

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

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

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

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

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

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

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

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

1.9.1.2. Change of Fees

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

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

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

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

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

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

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

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

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

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

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

Section 1.10 Sewage System Maintenance Inspection Programs

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1.10.1. Discretionary Maintenance Inspection Programs

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1.10.1.1. Scope

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(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.

1.10.1.2. Application and Inspections

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(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.

1.10.1.3. Certificate as Alternative to Maintenance Inspection

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(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 1 of Item 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

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1.10.2.1. Scope

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(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.

(b)of the Act in relation to sewage systems.

1.10.2.2. Administration of Maintenance Inspection Program

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(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.

1.10.2.3. Maintenance Inspection Program

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(1)Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B.

(2)The areas referred to in Sentence (1) are:

(a)the strip of land that is located along the Lake Simcoe shoreline and that is 100 m wide measured horizontally and perpendicular to and upland from the Lake Simcoe shoreline, except for the portions of the strip of land that are described in Sentence (3),

(b)portions of the strip of land along the Lake Simcoe shoreline described in Sentence (3),

(c)the strip of land that is located along each of the following rivers, streams, lakes or ponds and that is 100 m wide measured horizontally and perpendicular to and upland from the river, stream, lake or pond,

(i)any river or stream in the Lake Simcoe watershed that continually flows in an average year,

(ii)any lake or pond in the Lake Simcoe watershed that is connected on the surface to a river or stream described in Subclause (i), and

(iii)any other lake or pond in the Lake Simcoe watershed that has a surface area greater than 8 hectares, and

(d)areas within a vulnerable area that are located in a source protection area and that are identified in the most recent of the following documents as the areas where an activity described in Sentence (4) is or would be a significant drinking water threat:

(i)the assessment report for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any updating under that Act, or

(ii)the source protection plan for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any amendments or reviews under that Act.

(3)The excepted portions of the strip of land along the Lake Simcoe shoreline referred to in Clause (2)(a) are:

(a)that portion of the strip of land in the geographic Township of Oro, now in the municipal Township of Oro- Medonte, in the County of Simcoe, and in the geographic Townships of Innisfil and Vespra, now in the City of Barrie, being bounded on the north by the east limit of Lot 1, Concession 1 East Penetanguishene Road of the said geographic Township of Oro and its southerly prolongation and on the south by the east limit of Lot 14, Concession 13 of the said geographic Township of Innisfil and its northerly prolongation,

(b)that portion of the strip of land in the geographic Townships of North Gwillimbury and Georgina, now in the Town of Georgina, and in the geographic Township of East Gwillimbury, now in the Town of East Gwillimbury, all in The Regional Municipality of York, being bounded on the west by the west limit of Lot 6, Concession 1 of the said geographic Township of North Gwillimbury and its northerly prolongation and on the east by the east limit of Lot 3, Concession 8 of the said geographic Township of Georgina and its northerly prolongation, and

(c)that portion of the strip of land in the geographic Township of Mara, now in the municipal Township of Ramara, in the County of Simcoe, and in the geographic Township of Thorah, now in the municipal Township of Brock, in The Regional Municipality of Durham, being bounded on the north by the west limit of Lot 13, Concession C of the said geographic Township of Mara and its southerly prolongation and on the south by the west limit of Lot 14, Concession 6 of the said geographic Township of Thorah and its northerly prolongation. (4) The activity referred to in Clause (2)(d) is an activity that is subject to the Act and that is described in paragraph 2 of subsection 1.1(1) of Ontario Regulation 287/07 (General) made under the Clean Water Act, 2006.

1.10.2.4. Time Periods for Maintenance Inspections

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(1)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a),

(a)initially, no later than five years after the construction of the sewage system, and

(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

(2)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(b) or (c),

(a)initially, no later than five years after the construction of the sewage system, and

(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

(3)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area affected by a significant drinking water threat,

(a)initially, no later than,

(i)five years after the date on which notice of the approval of one of the following documents is published on the environmental registry under the Clean Water Act, 2006, in the case of a sewage system constructed before the date of publication,

(A)the assessment report for the source protection area, if the source protection plan is one prepared under section 22 of the Clean Water Act, 2006, or

(B)the source protection plan for the source protection area, if the source protection plan is one prepared under section 26 or 33 of the Clean Water Act, 2006, or

(ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of publication, and

(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

(4)If additional areas affected by a significant drinking water threat are identified for a source protection area after the date of publication referred to in Clause (3)(a), an inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in those additional areas,

(a)initially, no later than,

(i)five years after the following date of approval or publication, as applicable, in the case of a sewage system constructed before that date,

(A)the date of approval under section 19 of the Clean Water Act, 2006 of the updated assessment report in which the additional areas are identified, or

(B)the date of publication on the environmental registry under the Clean Water Act, 2006 of notice of the approval of the amended or updated source protection plan in which the additional areas are identified, or

(ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of approval or publication, as applicable, and

(b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

1.10.2.5. Certificate as Alternative to Maintenance Inspection

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(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.

Section 1.11 Tiny Houses

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1.11.1. Tiny Houses Constructed Off-Site

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1.11.1.1. Scope

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(1)This Section applies to houses that,

(a)have not more than one dwelling unit,

(b)are 37 m² or less in building area, and

(c)are to be,

(i)partially constructed in one municipality and moved to be installed at a location in another municipality without having been previously occupied, or

(ii)partially constructed at one location and moved to be installed at a location that is not yet known without having been previously occupied.

(2)Except as provided in this Section, the requirements in this Part apply to houses described in Sentence (1).

1.11.1.2. Permits

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

(a)and (b),

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

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

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

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

(2)For a permit applicant to be exempt from the provisions described in Sentence (1), the following conditions must be satisfied: 1. If the site the house is intended to be installed on is known by the permit applicant, (i) the permit application must state the address or location of the site, (ii) the permit application must include such information about the anticipated site installation that is necessary to design the house, and (iii) the proposed construction must comply with the location-dependent requirements of this Code that are applicable to a house that is constructed at that address or location. 2. If the site the house is intended to be installed on is not known by the permit applicant, (i) the permit application must include a declaration of assumptions related to the location of the house that have been used in the design of the house, (ii) the permit application must include such information about the anticipated site installation that is necessary to design the house, and (iii) the proposed construction must comply with the location-dependent requirements of this Code that are applicable to a house that is constructed at a location that has the characteristics set out in the declaration.

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

(4)An applicant for a permit described in Sentence (1) shall provide the following to a purchaser of a house constructed in accordance with a permit described in Sentence (1): 1. all plans, specifications, documents and other information submitted or received by the person described in Sentence (1) in respect of the permit described in Sentence (1), including any as-constructed plans and any declaration of assumptions described in subparagraph 2.i. of Sentence (2), and 2. all letters of compliance described in Sentence 1.11.1.3.(3) and all documents and other information received by the person described in Sentence (1) in respect of all inspections completed by an inspector or registered code agency, as the case may be.

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

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

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

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

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

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

1.11.1.3. Inspections

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

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

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

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

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

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

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

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

Section 1.12 Off-Site Construction of Buildings

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1.12.1. Site Assembled and Factory-Built Buildings

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1.12.1.1. Certification and Compliance

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(1)Except as provided in Sentence (2), a manufactured building or a manufactured part of a building within the scope of Part 3 is deemed to comply with this Code if it is certified in accordance with CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels.”

(2)The requirements of this Code shall apply to,

(a)building components designed and constructed outside the place of manufacture, and

(b)site installation of such buildings.