Part 2 - Docs

Section 2.0 Application

2.0.1. Application

2.0.1.1. Application

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

Section 2.1 Alternative Solutions

2.1.1. Documentation of Alternative Solutions

2.1.1.1. Documentation

(1)The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that,

(a)identifies applicable objectives, functional statements and acceptable solutions, and

(b)establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A.

(2)The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.

2.1.1.2. Tests

(1)Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable.

(2)The results of tests or evaluations based on test standards, other than as described in this Code, may be used for the purposes of Sentence (1), if the alternate test standards provide comparable results.

Section 2.2 Building Code Commission

2.2.1. Hearings

2.2.1.1. Divisions

(1)The Building Code Commission may sit in two or more divisions simultaneously so long as a quorum of each division is present.

2.2.1.2. Single Member

(1)One member of the Building Code Commission may, with the approval of the chair or vice-chair, hear and determine any dispute set out in Sentence (2) and, for that purpose, the member has all the jurisdiction and powers of the Commission.

(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.

2.2.1.3. Time Period

(1)A hearing to decide a dispute described in Clause 2.2.1.2.(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.

2.2.1.4. Eligibility

(1)The following relationships to a registered code agency are prescribed for the purposes of clause 23(3)(d) of the Act as relationships to a registered code agency that make a person ineligible to be a member of the Commission:

(a)the person is registered under Article 3.4.3.2. as a registered code agency,

(b)the person is an officer, director, partner or employee of a registered code agency, or

(c)the person is engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.

2.2.1.5. Application Fee

(1)The fee on an application to the Building Code Commission under subsection 24(1.1) of the Act is $212, for 2025 and subsequent calendar years.

Section 2.3 Building Materials Evaluation Commission

2.3.1. Application Fee

2.3.1.1. Application Fee

(1)The fee on an application to the Building Materials Evaluation Commission is $11,000, for 2025 and subsequent calendar years.

Section 2.4 Rulings and Interpretations

2.4.1. Minister’s Rulings — Innovative Materials, Systems or Building Designs

2.4.1.1. Designated Materials Evaluation Bodies

(1)The following body is designated as a materials evaluation body for the purposes of clause 29(1)(a) of the Act: Canadian Construction Materials Centre of the National Research Council of Canada.

2.4.1.2. Fee

(1)The fee on a request for a ruling under clause 29(1)(a) of the Act is $697, for 2025 and subsequent calendar years.

2.4.2. Minister’s Rulings — Alternative Materials, Systems or Building Designs

2.4.2.1. Criteria

(1)Sentence (2) sets out criteria to be followed by the Minister when making a ruling under clause 29(1)(c) of the Act to approve the use of an alternative material, system or building design.

(2)The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may be granted only if the approval is consistent with,

(a)a decision of the Building Code Commission in respect of a dispute described in clause 24(1)(a) of the Act,

(b)an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or

(c)a revision of the NRCC-CONST-56436E 2020, “National Building Code of Canada”, or the NRCC-CONST- 56436E 2020, “National Plumbing Code of Canada”, that has been approved by the Canadian Commission on Building and Fire Codes.

2.4.3. Interpretations By Minister

2.4.3.1. Interpretations By Minister

(1)Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public,

(a)by posting the interpretation on the Building Code website, and

(b)by providing a written copy of the interpretation on receipt of a request for it.