Division C — Administrative Provisions

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

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

(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) A foundation of a building shall be designed by a professional engin eer 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) 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 profession al 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 ofit 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 arc hitect, 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, pro fessional 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 buildi ng official or registered code agency, as the case may be.

(4) The construction of a foundation of a building shall be reviewed by a professional engineer where,

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

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

(5) The construction of a sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be reviewed by a profession al engineer.

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

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

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

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

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

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

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

(10) The construction ofa demountable stage or demountab le support structure regulated by Section 3.17. of Division B shall be reviewed by a professional engineer.

Table 1.2.2.1. (Cont’d) General Review(4) Forming Part of Sentence 1.2.2.1.(1)

[TABLE:1] Notes to Table 1.2.2.1.:

(1) An architect shall provide general review services within the practice of architecture and a professional engineer shall provide general review services within the practice of professional engineering.

(2) An architect may engage a profe ssional engineer to provide general review services within the practice of professional engineering.

(3) Only a profess ional engineer may provide general review services within the practice of professional engineering.

(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.

(5) For purposes of Table 1.2.2.1., a retirement home is deemed to be a separate major occupancy.

(1) Only an architect may carry out or provide the general review of the constructi on 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 construc ted.

(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 en gineer, 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) 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.

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

(a) for the demoli tion 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 ofthe 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 ofa 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 oftents 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 oftents 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) An application for a permit under section 8 of the Act to con struct 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) 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

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

(a) 10 days, and

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

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

(a) a structure occupying an area of 10 m2 or less that contains plumbing, including the plumbing appurtenant to it, (b) plumbing not located in a structure,

(c) a sewage system, or

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

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

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

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

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

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

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

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

(i) the application meets all the requirements set out in Clauses (a) to (e),

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

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

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

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

(a) determines that,

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

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

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

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

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

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

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

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

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

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

(a) the day on which an application that meets the requirements of Sentence (5) is submitted to the chief building official, and

(b) the day on which a permit for the construction of the sewage system referred to in Clause (9)(b) is issued.

Table 1.3.1.3. Period Within Which Permit Shall be Issued or Refused Forming Part of Article 1.3.1.3.

(1) Except as provided in Sentence (2), the following changes in use of a building or part ofa 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 occup ancy,

(c) a suite or part ofa 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 ofa farm building is changed to another major occupancy other than a Group G major occupancy,

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

(f) a building or part ofa building is changed to a post-disast er building,

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

(h) the use of a building or part ofa 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:0] Notes to Table 1.3.1.4.:

(1) See Clause 1.3.1.4.(1)(a), Subclause 3.18.1.1.(1)(a)(i) of Division B and Clause 9.41.1.1.(1)(a) 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.

(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.

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

(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 buildin g or construction:

(a) section 3 of the Building Transit Faster Act, 2020 with respect to the issuance of a permit under that section,

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

(c) sections 28.1, 28.1.1 and 28.1.2 of the Conservation Authorities Act with respect to a permit issued for the construction of a building or structure or for any change to a building or structure that would increase its size, alter its use or increase the number of dwelling units,

(d) regulations made by a conservation authority under clause 28(1)(c) of the Conservation Authorities Act as it read immediately before its repeal by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, with respect to permission of the authority for the construction of a b uilding 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 Envi ronmental 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 build ing,

(o) section 17.4 of the Ontario New Home Warranties Plan Act with respect to the provision of a confirmation by the Registrar for the construction of a residential condominium conversion project.

(2) For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where,

(a) a committee of adjustment has made a decision under section 45 of the Planning Act authorizing one or more minor variances from the provisions of any by-laws made under sections 34 and 38 of that Act,

(b) such minor variance or variances result in the achievement of full compliance with such by-laws, and

(c) no person informed the committee of adjustment of objections to the minor variances either in writing or in person at the hearing of the application.

(3) For the purposes of issuing a conditional permit under subsection 8 (3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where the construction in respect of which the conditional permit is issued is required in order to comply with an order issued under subsection 21(1) of the Fire Protection and Prevention Act, 1997 or under subsection 15.9 (4) of the Act.

(4) A permit issued under subsection 8(3) of the Act shall indicate its conditional nature.

(1) 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 build ing 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) 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, e2 (b) other than a house, with or without a secondary unit, 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 officia l 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) 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) The person in charge of the construction of the building shall keep and maintain on the site of the construct ion,

(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 ofthe Building Materials Evaluation Commission on the basis of which the permit was issued, and

(c) copies of rulings ofthe Minister, made under clause 29(1)(a) or (c) of the Act, on the basis of which the permit was issued.

(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 ofthe 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) the structure of the building or part ofit is completed to the floor of the storey that is 10 storeys above the uppermost storey to be occupied, other than parts of the floor-ceiling assemblies that are unable to be completed because of the ongoing construction,

(b) the enclosing walls of the building or part of the enclosing walls are completed to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,

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

(d) all required fire separations and doors, including door hardware and self-closing devices, are completed on all storeys up to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,

(e) all required closures are completed on all storeys up to and including the uppermost storey to be occupied,

(f) 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,

(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 buildin g that are incomplete or are still under construction are protected against falling objects,

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

(i) separate the crane mast from the parts of the building to be occupied, and

(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 build ing 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 mean s 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 stor ey 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 c onstruction,

(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 off icial determines, shall,

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

(b) submit to the chief building official,

(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,

(a) providing heat, hot water, cold water, gas, electricity, plumbing or other utility services for the parts of the building to be occupied separate from the services that serve the parts of the building that are incomplete or still under construction,

(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,

(c) ensuring that elevators that serve the parts of the building to be occupied are not used for construction,

(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,

(a) in the case of horizontal fall protection systems and safety nets, extend not less than 3 m from the face of the building,

(b) be installed where there is construction on the exterior of the building or a storey that is unenclosed, and

(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 (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 (8) after receipt of a certific ate for the occupancy of a building not fully completed issued by the registered c ode agency in respect of the building.

(1) A person may occupy or permit to be occupied a building intended for re sidential 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 uni t 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 ofit, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

(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 buil ding.

(1) No person shall occupy or permit to be occupied a building described in Sentence (3), or part ofit, 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 dw elling unit,

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

(e) does not contain a retirement home.

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

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

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

(c) the walls enclosing the dwelling unit to be occupied conform to Sentence 9.25.2.3.(7) of Division B,

(d) required electrical supply is provided for the d welling 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 al arms, 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 bu ilding sewer, and

(iii) drainage system and venting system,

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

(i) where applicable, the building conforms to Article 9.1.1.7. of Division B with respect to the dwelling unit to be occupied.

(5) Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence (3), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (4) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C issued by the registered code agency in respect of the building.

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

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

(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 ven ting 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 (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.

(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 ofit 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) 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) 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) 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 registe red 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 barr iers,

(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,

(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 applian ces,

(j) readiness for inspection of suction and gravity outlets, covers and suction piping serving outlets of an o utdoor 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 s ewage 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) 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 build ing that is within the scope of Division B, other than Part 9,

(c) commencement of constructi on of,

(i) masonry fireplaces and masonry chimney s,

(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) 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 ofthe principal authority are not open for the transaction of business with the public.

(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 chie f building official in respect of the construction of the sewage system.

(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 Minist er.

(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.

(1) In this Subsection

“proponent” means a person or entity described in clause (a) or (b) of the definition of “temporary health or residential facility”;

“temporary health or residential facility” means a building or structure that was occupied, in accordance with Article

(1) The construction of a temporary health or residential facility and the conversion of all or part of an existing building or structure to a temporary health or residential facility are exempt from the requirement to obtain a permit under section 8 or 10 of the Act and are exempt from compliance with this Code.

(a) any health service provider as defined in paragraphs 1 to 5 of the definition of “health service provider” in subsection 1(2) of the Connecting Care Act, 2019, or

(b) any government, including, for greater certainty, a municipality.

(1) A chief building official or an inspector shall, in accordance with Sentence (2), undertake an inspection of the temporary health or residential facility pursuant to subsection 15.9(1) of the Act to determine whether the facility is unsafe as described in subsection 15.9(2) of the Act.

(2) An inspection described in Sentence (1) shall be undertaken on or before a date that is not later than one month after the date of the previous inspection.

(3) For greater certainty, for the purpose of Sentence (2), if the temporary health or residential facility was inspected in accordance with Ontario Regulation 332/12 (Building Code), the date of the previous inspection is the date that it was last inspected under that Regulation.

(4) When undertaking an inspection required under Sentence (1), the inspector may consider reports concerning whether the temporary health or residential facility or part of the facility is unsafe as described in subsection 15.9(2) of the Act.

(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. FORM 1.4.1.1.-A INFORMATION TO OBTAIN SEARCH WARRANT UNDER SECTION 21 OF THE BUILDING CODE ACT, 1992 Building Code Act, 1992 ONTARIO COURT OF JUSTICE PROVINCE OF ONTARIO This is the information of (name) of,. (address) (occupation) I have reasonable ground to believe and do believe that the offence of contrary to Building Code Act, 1992 Section has been committed and that the entry into and search of a certain building, receptacle or place, namely, (building, receptacle or place) of, at (owner) (address) will afford the following evidence: (describe evidence to be searched for, including things to be seized, if any) relevant to the commission of the offence. And I further say that my grounds for so believing are: Therefore, I request that a search warrant be issued to □ • enter into and search the said (building, receptacle or place) for the said evidence. Check appropriate box □ • enter into and search the said (building, receptacle or place) for the said evidence and to seize the following things: (describe things to be seized) Informant Sworn before me at, this day of, Provincial Judge or Justice of the Peace in and for the Province of Ontario

[TABLE:0] FORM 1.4.1.1.-B SEARCH WARRANT UNDER SECTION 21 OF THE BUILDING CODE ACT, 1992 Building Code Act, 1992 ONTARIO COURT OF JUSTICE PROVINCE OF ONTARIO To:, Whereas, on the information on oath of, I am satisfied that there is reasonable ground to believe that the offence of contrary to Building Code Act, 1992 Section has been committed and that

[TABLE:1] (building, receptacle or place) of, at (owner) (address) hereinafter called the premises. This is therefore to authorize you to enter such ________________________________________________________________________________________________________ (name or location of building, receptacle or place) between the hours of 6:00 a.m. and 9:00 p.m., or □ (time warrant to be executed) Check appropriate box □ things: (describe things to be seized) and carry them before me or another Provincial Judge or Justice of the Peace so that they may be dealt with according to the law. This warrant expires on the day of,, a day not later than the fifteenth day after its issue. Issued at, this day of, _____________________________________________________________ Provincial Judge or Justice of the Peace in and for the Province of Ontario

(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.

(1) The director is prescribed for the purposes of section 38.1 of the Act. r2 e1

(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.

(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.

(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) 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.

(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) 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 maintenanc e inspection program.

(2) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article

(1) A principal authority that establishes a maint enance 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 syst em 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) aprofessional 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 co nstruction 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 author ity.

(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.

(1) The principal auth ority 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) 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 sh oreline and that is 100 m wide measured horizontally and perpendicular to and upland from the Lake Si mcoe shoreline, except for the portions ofthe strip of land that are described in Sentence (3),

(b) portions ofthe 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 p rotection 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 Clea n Water Act, 2006 o 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 ofthe 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) 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 constructi on 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 constructi on 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 wat er 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 ofa sewage system constructed before the date of publication,

(A) the assessment report for the source protection area, if the source prote ction 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 construct ed 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 ofa 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 pr otection 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 construct ed 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) The principal authori ty that administers the maintenance inspection program established under Sentence

(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) 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) either,

(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) requirements of this Code related to site installation of the house.

(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 construct ed 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 constr ucted 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 fa ce, 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 mun icipality 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 (1) (a) and (b), (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.

(7) For the purposes of an application for a permit described in Sentence (5), the time periods described in Sentences

(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 co nstructed 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.

(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. Alternative Solutions, Disputes, Rulings and Interpretations

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

(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.

(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 oftests 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.

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

(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 results oftests 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.

(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.

(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 ofthe Government of Ontario are not open for the transaction of business with the public.

(1) The following relationships to a registered code agency are prescribed for the purposes of clause 23(3)(d) of the Ac 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.

(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.

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

(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.

(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.

(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 buildin g design.

(2) The Minister’s approval of the use of an alternative material, system or build ing 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-56435E 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.

(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 Build ing Code website, and

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

(1) Except as provided in Sentence (2), this Section prescribes, for the purposes of subsections 15.11(1), (2) and (3) of the Act,

(a) the qualifications that a person must satisfy to be appointed and to remain appointed as,

(i) a chief building official under the Act, or

(ii) an inspector who has the same powers and duties as a chief building official in relation to plumbing,

(b) the qualifications that a person must satisfy to be appointed and to remain appointed as,

(i) an inspector who has the same powers and duties as a ch ief building official in relation to sewage systems, or

(ii) an inspector whose duties include plans review or inspection of sewage systems under the Act, and

(c) the qualifications that a person must satisfy to be appointed and to remain appointed as an inspector under the Act, other than an inspector described in Subclause (a)(ii) or (b)(i) or (ii).

(2) The qualification requirements for chief building officials and inspectors in Sentence (1) do not apply to plans 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 CSA A277, “Procedure for Factory Certification of Buildings,”

(c) construction of a mobile home conforming to CSA Z240 MH Series, “Manufactured Homes,”

(d) construction of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers,” or

(e) signs.

(1) In this Section,

“registered” means registered under Sentence 3.1.2.2.(1), 3.1.3.2.(1) or 3.1.4.2.(1), as applicable.

(1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as a chief building official or as an inspector who has the same powers and duties as a chief building official in relation to sewage systems or plumbing:

(a) the person must be registered with the director.

(2) A registration shall be in a form established by the director.

(1) Subject to Article 3.1.5.6., the director may register an applicant, or renew a registration, if,

(a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building offici als,

(b) the applicant or registered person also has the qualification set out in Sentence 3.1.4.1.(1), in the case of an applicant or registered person who, under subsection 22(2) of the Act, will also exercise any of the powers or perform any of the duties of an inspecto r,

(c) the application is complete, and

(d) all fees required under Article 3.1.5.3. are paid.

(1.1) The applicant or registered person is not required to comply with Clause (1)(b) if the applicant or registered person has been granted an exemption by the director in accordance with the policy entitled “Equivalency assessment for building officials” posted on the Building Code website and the applicant or registered person has complied with any conditions of that exemption.

(2) Subject to Article 3.1.5.6., a person who, on December 31, 2024, is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.1.5.5. of Division C of that regulation is deemed to be registered under Sentence

(1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties are solely the supervision or management of i nspectors:

(a) the person must be registered with the director.

(2) A registration shall be in a form established by the director.

(1) Subject to Article 3.1.5.6., the director may register an applicant, or renew a registration, if,

(a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code and the powers and duties of chief building offici als,

(b) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs relating to the person’s knowledge of the Act and this Code in any one category of qualification set out in Column 2 of Table 3.5.2.1.,

(c) the application is complete, and

(d) all fees required under Article 3.1.5.3. are paid.

(1.1) The applicant or registered person is not required to comply with Clause (1)(b) if the applicant or registered person has been granted an exemption by the director in accordance with the policy entitled “Equivalency assessment for building officials” posted on the Building Code website and the applicant or registered person has complied with any conditions of that exemption.

(2) Subject to Article 3.1.5.6., a person who, on December 31, 2024 is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.1.5.5. of Division C of that regulation is deemed to be registered under Sentence

(1) Except as provided in Article 3.1.4.3. or 3.1.4.4., the following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties include plans review or inspection under the Act:

(a) the person must be registered with the director.

(2) A registration shall be in a form established by the director.

(1) Subject to Article 3.1.5.6., the director may register an applicant, or renew a registration, in each class of registration applied for, if,

(a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made,

(b) the application is complete, and

(c) all fees required under Article 3.1.5.3. are paid.

(1.1) The applicant or registered person is not required to comply with Clause (1)(a) if the applicant or registered person has been granted an exemption by the director in accordance with the policy entitled “Equivalency assessment for building officials” posted on the Building Code website and the applicant or registered person has complied with any conditions of that exemption.

(2) Subject to Article 3.1.5.6., a person who, on December 31, 2024, is registered under Sentence 3.1.2.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.1.5.5. of Division C of that regulation is deemed to be registered under Sentence

(1) A person may be appointed or remain appointed under the Act as an intern inspector whose duties include supervised plans review or inspection under the Act, even if the person does not have the qualification set out in Article 3.1.4.1., if the person is enrolled in an internship program that,

(a) is approved by the Minister, or

(b) meets the minimum requirements described in Sentence (2).

(2) For the purposes of Clause (1)(b), the following are the minimum requirements for an internship program:

(a) the internship program in a municipality shall be established and administered by the chief building official of the municipality,

(b) the chief building official shall notify the director in writing within 30 days of the date an internship program is established, altered or revoked,

(c) the chief building official shall establish and maintain a written policy with respect to the,

(i) enrolment of persons in the internship program, and

(ii) the supervision of an intern inspector by an inspector or chief bui lding official who is registered in the class of registration in respect of which the intern inspector will exercise the powers or perform the duties,

(d) the chief building official shall ensure that the written policy described in Clause (c) is brought to the attention of the public,

(e) every 12 months, the chief building official shall prepare and transmit to the director a report that contains information about,

(i) the number of intern inspectors that entered or left the internship program in the past 12 months,

(ii) the number of intern inspectors that were enrolled in the internship program that became registered with the director under Sentence 3.1.4.2.(1) in the past 12 months,

(iii) the number of intern inspectors enrolled in the internship program at any point in the past 12 months who has been trained or practiced as a building official in a country other than Canada, and

(iv) the number of persons who were refused enrolment in the program or whose enrolment in the program was terminated,

(f) subject to Sentence (3), each intern inspector enrolled in the internship program in respect of a type of building described in Column 3 of Table 3.5.2.1. is not eligible to be enrolled in the program in respect of that type of building for longer than 18 months, and

(g) the chief building official shall provide to the director such information as the director requests.

(3) The director may, at the request of a chief buildin g official, authorize an intern inspector to be enrolled in a program for more than 18 months if the director has reasonable grounds to believe there are extenuating circumstances including maternity or parental leave, illness, disability, bereavement or personal hardship.

(4) The chief building official shall notify the direc tor of any failure in construction or demolition or in the enforcement of the Act or this Code associated with the internship program or a person enrolled in the program within 10 days of the chief building official becoming aware of the failure.

(5) The director may terminate a program described in Clause (1)(b) if the director has reasonable grounds to believe the program has or will result in a failure in construction or demolitio n or in the enforcement of the Act or this Code associated with the internship program or a person enrolled in the program.

(6) An intern inspector who is exempt under Sentence (1) shall be supervised by an inspector or chief building official who is registered in the class of registration in respect of which the intern inspector will exercise the powers or perform the duties.

(1) A person may be appointed or remain appointed under the Act as an inspector whose duties include maintenance inspections of sewage systems, even if the person does not have the qualification set out in Article 3.1.4.1. in respect of these duties.

(2) An inspector who is exempt under Sentence (1) is authorized to conduct maintenance inspections of sew age systems only if the following conditions are met:

(a) the person is supervised by an inspector or chief building official who is registered in the class of registration described in Column 1 of Item 10 of Table 3.5.2.1., and

(b) the person does not issue orders under the Act.

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2) An application for renewal ofa registration shall be made within 60 days before the expiry of the registration to be renewed.

(3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.1.5.5.

(4) An application for registration or renewal of a registration shall,

(a) set out the applicant’s or registered person’s name, residence address, residential mailing address, if different from the residence address, and email address, if applicable,

(b) set out the name of every principal authority that has appointed the person as a chief build ing official or inspector under the Act, and

(c) contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clauses 3.1.2.2.(1)(a) and (b), 3.1.3.2.(1)(a) and (b), or 3.1.4.2.(1)(a), as applicable.

(1) A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.1.2.2.(1)(a), 3.1.3.2.(1)(a) or (b) or 3.1.4.2.(1)(a) is $150.

(2) The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

(1) A registration is not transferable.

(1) The following are the conditions of a registration:

(a) the registered person shall, within 15 days after the event, notify the director in writing of any change in the information set out in Clause 3.1.5.1.(4)(a) or (b), and

(b) in the case of an inspector registered under Sentence 3.1.4.2.(1), the person shall exercise his or her powers and perform his or her duties only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the person.

(1) The director may, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant or to renew a registration, or

(b) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are,

(a) the registered person is in breach of a condition of the registration,

(b) the registration was issued on the basis of mistaken, false or incorrect information,

(c) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid,

(d) the application is incomplete, or

(e) any fees required under Article 3.1.5.3. remain unpaid.

(3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration, the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes, the Tribu nal may substitute its opinion for that of the director.

(7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8) Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(9) If, within the time period set out in Sentence 3.1.5.1.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.1.5.3., the registration is deemed to continue until the earlier of, (a) the day the registration is renewed, and

(b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order.

(1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsections 15.11(1), (2) and (3) of the Act and has been appointed as a chief building official or inspector by a principal authority.

(2) The register referred to in Sentence (1) shall contain the following information with respect to each registered person:

(a) the name of the registered person,

(b) any identifying number assigned by the director to the registered person,

(c) the name and address of each principal authority that has appointed the registered person as a chief building off icial or inspector, and

(d) the classes of registration of the registered person.

(1) Table 3.5.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section.

(1) This Section prescribes, for the purposes of clause 8(2)(c) and subsection 15.11(5) of the Act, the qualifications for a person who carries out design activ ities.

(1) Every person who carries out design activities must have the qualification set out in Sentence 3.2.5.1.(1), if the person is not required to have the qualification set out in Sentence 3.2.4.1.(1).

(1) “Registered” means,

(a) in Subsection 3.2.4., registered under Sentence 3.2.4.2.(1), and

(b) in Subsection 3.2.5., registered under Sentence 3.2.5.2.(1).

(1) Except as provided in Sentences (3) and (4), every person engaged in the business of providing design activities to the public must have the following qualification:

(a) the person must be registered with the director.

(2) A registration shall be in a form established by the director.

(3) A person is exempt from the requirement to comply with the qualification in Sentence (1), if the person’s design activities relate only to,

(a) construction of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act,

(b) construction of a building that is owned by that person,

(c) construction of a farm building that,

(i) is of low human occupancy, other than Group G, Division 4, agricultural occupancies with no human occupants.

(ii) is 2 storeys or less in building height, and

(iii) has a building area of less than 600 m2,

(d) the extension, material alteration or repair of a house,

(e) a sewage system to be constructed by that person if the person is registered under Article 3.3.3.2.,

(f) construction oftents described in Sentence 3.14.1.2.(2) of Division B,

(g) construction of signs,

(h) construction of site services, including,

(i) surface drainage, and

(ii) plumbing located underground, either outside a building or under a building,

(i) construction of a factory-built house certified to CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels”,

(j) construction of a mobile home conforming to CSA Z240 MH Series, “Manufactured Homes”,

(k) construction of a park model trailer conforming to CAN/CSA-Z241 Series, “Park Model Trailers”,

(l) construction of pre-engineered elements of a building, if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances,

(m) construction of appliances, equipment and similar incidental components of a building, or

(n) construction of a building for which a permit under section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued.

(4) A person is exempt from the requirements to comply with the qualification in Sentence (1), if the person’s design activities are with respect to a house and the design activities relate only to,

(a) aplumbing system,

(b) a heating, ventilation and air-conditioning system, or

(c) ancillary buildings such as garages.

(c) the registered person shall ensure that a person who has the qualifications set out in Clause 3.2.4.2.(1)(a) or (b) in respect of the class of registration set out in Column 1 of Table. 3.5.2.1. to which the design activities relate will review and take responsibility for design activities in each class of registration that are provided to the public by the registered person,

(d) the registered person shall ensure that a person described in Clause (c) who reviews and takes responsibility for design activities provided to the public by the registered person shall include the following information on any document submitted to a chief building official or reg istered code agency in the circumstances set out in subsection 15.11(5) of the Act:

(i) the name of the registered person and any registration number issued to the registered person by the d irector, (ii) a statement that the person has reviewed and taken responsibility for the design activities,

(iii) the person’s name and any identifying number issued to the person by the director in respect of the qualifications described in Clause 3.2.4.2.(1)(a) or (b) that the person has, and

(iv) the person’s signature,

(e) the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 3.6.2.,

(f) the registered person shall, within 15 days after the event, notify the director in writing of,

(i) any change in address of the registered person for correspondence relating to the registration, and

(ii) any change in the information set out in Sentences 3.2.4.3.(4) and (5),

(g) the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (f), that is contained in or accompanies an application for registration or renewal of a registration,

(h) the registered person shall, from time to time, at the registered person’s expense, give the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and

(i) the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2) An application for renewal ofa registration shall be made within 60 days before the expiry of the registration to be renewed.

(3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.4.7.

(4) If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be.

(5) An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who,

(a) have the qualifications set out in Clause 3.2.4.2.(1)(a) in the class or classes of registration for which the application is made, and

(b) have the qualifications set out in Clause 3.2.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made.

(6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) have the qualifications set out in Clause 3.2.4.2.(1)(a) or (b).

(7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.

(1) A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.4.2.(1)(a) or (b) is $150.

(2) The fee for a registration is $202, for 2025 and subsequent calendar years.

(3) The fee for the addition of a new class of registration is $44, for 2024 and subsequent calendar years.

(4) The fee for renewal of a registration is $152, for 2025 and subsequent calendar years.

(1) A registration is not transferable.

(c) the registration was issued on the basis of mistaken, false or incorrect information,

(d) the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors ofthe applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law,

(e) the application is incomplete, or

(f) any fees required under Article 3.2.4.5. remain unpaid.

(3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration under Sentence (1), the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8) Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(9) If, within the time period set out in Sentence 3.2.4.3.(2), the registered person has applied for renewal of a registration, paid the fee required under Article 3.2.4.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of,

(a) the day the registration is renewed,

(b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order, and

(c) the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.

(1) The director may, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant or to renew a registration, or

(b) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are,

(a) the registered person is in contravention of the Act or this Code,

(b) the registered person is in breach of a condition of the registration other than the condition set out in Clause

(1) The director shall, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant,

(b) refuse to renew a registration, or

(c) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are that,

(a) the applicant or registered person is not covered by the insurance required under Subsection 3.6.2., or

(b) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and no registration be issued to the person until a fine is paid.

(3) If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the applicant or registered person.

(4) A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration.

(5) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(6) The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may grant the stay subject to conditions.

(7) If the applicant or registered person requests a hearing before the Tribu nal in accordance with Sentence (5), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(8) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(1) Except as provided in Sentence (3), a person who carries out design activities but is not required under Sentence

(1) Subject to Article 3.2.5.7., the director may register an applicant, or renew a registration, in each class of registration applied for, if,

(a) the applicant or registered person has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 3.5.2.1. that corresponds to each class of registration set out in Column 1 of Table 3.5.2.1. for which application is made.

(b) the application is complete, and

(c) all fees required under Article 3.2.5.5. are paid.

(2) Subject to Article 3.2.5.7., a person who, on December 31, 2024, is registered under Sentence 3.2.5.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.2.5.6. of Division C of that regulation is deemed to be registered under Sentence 3.2.5.2.(1) of this Code, and for these purposes, the person’s registration is deemed to continue until its term expires.

(3) For the purposes of a registration or a renewal of a registration, a person who, on December 31, 2024, has the qualifications set out in Clause 3.2.5.2.(1)(a) of Division C of Ontario Regulation 332/12 is deemed to have the qualifications set out in Clause 3.2.5.2.(1)(a) of this Code.

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2) An application for renewal ofa registration shall be made within 60 days before the expiry of the registration to be renewed.

(3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.2.5.6.

(4) An application for registration or renewal of a registration shall,

(a) set out the applicant’s or registered person’s name, residence address, residential mailing address, if different from the residence address, and email address, if applicable, and

(b) contain evidence, provided by the applicant or registered person, that the applicant or registered person has the qualifications set out in Clause 3.2.5.2.(1)(a).

(1) A registration expires one year after it is issued but the director may, for the purposes of staggering the renewal dates of the registrations, issue the initial registration for a term of not less than 90 days and not more than 18 months.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.2.5.2.(1)(a) is $150.

(2) The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

(1) The following are the conditions of a registration:

(a) the registered person shall carry out design activities only in respect of the type of buildings described in Column 3 of Table 3.5.2.1. that correspond to the class or classes of registration held by the registered person,

(b) the registered person shall, within 15 days after the event, notify the director in writing of any change in the information set out in Clause 3.2.5.3.(4)(a),

(c) the registered person shall include the following information on any document respecting design activities that the person has reviewed and taken responsibility for and that is submitted to a chief building official or registered code agency in the circumstances set out in subsection 15.11(5) of the Act:

(i) the person’s name and any identifying number assigned to the person by the director in respect of the person’s registration,

(ii) a statement that the person has reviewed and taken responsibility for the design activities, and

(iii) the person’s signature.

(1) The director may, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant or to renew a registration, or

(b) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are,

(a) the registered person is in breach of a condition of the registration,

(b) the registration was issued on the basis of mistaken, false or incorrect information,

(c) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid,

(d) the application is incomplete, or

(e) any fees required under Article 3.2.5.5. remain unpaid.

(3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration, the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes, the Tri bunal may substitute its opinion for that of the director.

(7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8) Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(9) If, within the time period set out in Sentence 3.2.5.3.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.2.5.5., the registration is deemed to continue until the earlier of, (a) the day the registration is renewed, and

(b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order.

(1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by clause 8(2)(c) and subsection 15.11(5) of the Act.

(2) The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.4.2.(1):

(a) the name of the registered person,

(b) any identifying number assigned by the director to the registered person,

(c) the business address of the registered person,

(d) the classes of registration of the registered person,

(e) the names of the person or persons who will review and take responsibility for design a ctivities carried out by the registered person in each class of registration, and

(f) any identifying number assigned by the director to the person or persons referred to in Clause (e).

(3) The register referred to in Sentence (1) shall contain the following information with respect to every person registered under Sentence 3.2.5.2.(1):

(a) the name of the registered person,

(b) any identifying number assigned by the director to the registered person, and

(c) the classes of registration of the registered person.

(1) Table 3.5.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section.

(1) This Section prescribes, for the purposes of subsection 15.12(1) of the Act, the qualifications for persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems.

(1) In this Section,

“registered” means registered under Sentence 3.3.3.2.(1).

(1) Persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems shall have the following qualification:

(a) the person must be registered with the director.

(2) A registration shall be in a form established by the director.

(3) A person is exempt from the requirement to comply with the qualification in Sentence (1) in respect of the activities of cleaning and emptying sewag e systems if,

(a) the person has been issued,

(i) before October 31, 2011, a certificate of approval under section 39 of the Environmental Protection Act in respect of these activities, or

(ii) on or after October 31, 2011, an environmental compliance approval under the Environmental Protection Act in respect of these activities, and

(b) the certificate of approval or the environmental compliance approval, as applicable, has not been suspended or revoked under that Act.

(1) Subject to Article 3.3.3.8., the director may register an applicant, or renew a registered person’s registration, if, (a) all persons who will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the applicant or registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act, this Code and the construction, maintenance and operation of sewage systems, (b) the application is complete, and

(c) all fees required under Article 3.3.3.5. are paid.

(2) Subject to Article 3.3.3.8., a person who, on December 31, 2024, is registered under Sentence 3.3.3.2.(1) of Division C of Ontario Regulation 332/12 (Building Code) made under the Act and complies with the conditions of registration set out in Article 3.3.3.7. of Division C of that regulation is deemed to be registered under Sentence

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2) An application for renewal ofa registration shall be made within 60 days before the expiry of the registration to be renewed.

(3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.3.3.7.

(4) If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be.

(5) An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who,

(a) have the qualifications set out in Clause 3.3.3.2.(1)(a), and

(b) will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems to be carried out by the applicant or registered person.

(6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) have the qualifications set out in Clause 3.3.3.2.(1)(a).

(1) A registration expires one year after the date of its issuance.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.3.3.2.(1)(a) is $150.

(2) The fee for a registration or renewal of a registration is $128, for 2025 and subsequent calendar years.

(1) A registration is not transferable.

(1) The following are the conditions of a registration:

(a) the registered person shall ensure that the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person is supervised by a person who has the qualifications set out in Clause 3.3.3.2.(1)(a),

(b) the registered person shall, within 15 days after the event, notify the director in writing of,

(i) any change in address of the registered person for correspondence relating to the registration, and

(ii) any change in the information set out in Sentences 3.3.3.3.(4) and (5),

(c) the registered person shall give prompt written notice to the director of any material change in any of the information, other than the information referred to in Clause (b), that is contained in or accompanies an application for registration or renewal of a registration,

(d) the registered person shall, from time to time, at the registered person’s expense, give the director such documents or information relating to the registration or to activities carried out under the registration as the director may reasonably require, and

(e) the registered person shall allow the representatives of the director access to the registered person’s books and records during normal business hours for the purpose of confirming matters related to the registration.

(1) The director may, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant or to renew a registration, or

(b) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are,

(a) the registered person is in contravention of the Act or this Code,

(b) the registered person is in breach of a condition of the registration,

(c) the registration was issued on the basis of mistaken, false or incorrect information,

(d) the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors ofthe applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law,

(e) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and that no registration be issued to that person until a fine is paid,

(f) the application is incomplete, or

(g) any fees required under Article 3.3.3.5. remain unpaid.

(3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration, the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(5) If the applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8) Sentences (3) to (7) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(9) If, within the time period set out in Sentence 3.3.3.3.(2), the registered person has applied for renewal of a registration and paid the fee required under Article 3.3.3.5., the registration is deemed to continue until the earlier of, (a) the day the registration is renewed, and

(b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order.

(1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsection 15.12(1) of the Act.

(2) The register referred to in Sentence (1) shall contain the following information with respect to every registered person:

(a) the name of the registered person,

(b) any identifying number assigned by the director to the registered person,

(c) the business address of the registered person,

(d) the names of the person or persons who will supervise the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person, and

(e) any identifying number assigned by the director to the person or persons referred to in Clause (d).

(1) This Section prescribes, for the purposes subsection 15.11(4) of the Act, the qualifications that a person must have in order to be eligible to be appointed as a registered code agency under the Act.

(1) In this Section,

“registered” means registered under Sentence 3.4.3.2.(1).

(1) The following are prescribed as qualifications for persons to be appointed under the Act as a registered code agency:

(a) the person must be registered with the director.

(2) A registration shall be in a form established by the director.

(2) If the certificate is issued in respect of the construction of a building that would be required to be designed by and under the general review of an architect or a professional engineer or a combination of both, the certificate shall also be signed on behalf of the register ed code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agenc y.

(3) A registered code agency may issue a plans review certificate if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1(4)(a) or (c) of the Act in respect of the proposed construction of the building to which the plans review certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on date on which the plans revie w certificate is issued, the proposed construction of the building to which the plans review certificate relates is in compliance with this Code.

(4) A registered code agency may issue a change certificate if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1(4 (a), (b) or (c) of the Act in respect of the construction or proposed construction of the building to which the change certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on the date on which the change certificate is issued, the proposed construction of the building to which the change certificate relates is in compliance with this Code.

(5) A registered code agency may issue a certificate for the occupancy o f a building not fully completed if the registered code agency,

(a) 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 to which the certificate for the occupancy o f a building not fully completed applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 1.3.3.1.(3)(a) to (q) or 1.3.3.7.(8)(a) to (y), as applicable.

(6) A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence 1.3.3.4.(3) to which the certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on the date on which the certificate for the occup ancy of a building described in Sentence 1.3.3.4.(3) of Division C is issued, the construction of the b uilding to which the certificate relates is in compliance with Clauses 1.3.3.4.(4)(a) to (i).

(7) A registered code agency may issue a certificate for the occupancy of a building described in Sentence 1.3.3.5.(1) of Division C if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence 1.3.3.5.(1) to which the certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on the date on which the certificate for the occup ancy of a building described in Sentence 1.3.3.5.(1) of Division C is issued, the construction of the b uilding to which the certificate relates is in compliance with Clauses 1.3.3.5.(3)(a) to (r).

(8) A registered code agency may issue a fina l certificate if the registered code agency,

(a) 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 to which the final certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that on the date on which the final certificate is issued, the construction of the building to which the final certificate relates is in compliance with this Code.

(9) Every certificate issued under the Act by a registered co de agency shall be in a form approved by the Minister.

(1) An application for registration or renewal of a registration shall be made to the director in a form established by the director.

(2) An application for renewal ofa registration shall be made within 60 days before the expiry of the registration to be renewed.

(3) An application for registration or renewal of a registration shall include a quality management plan for carrying out the activities of the applicant or registered person under the registration, including, without limitation,

(a) procedures relating to the commencement of activities as a registered code agency, including procedures to verify that the applicant or registered person is qualified to undertake the activities and to verify that there exists no conflic of interest within the meaning of Sentence 3.7.2.1.(4),

(b) identification of the responsibilities of persons who will carry out plans review and inspection activities of the applicant or registered person and procedures for the supervision of those persons,

(c) procedures for assessing plans and specifications for conformity with this Code, including procedures for the assessment of alternative solutions,

(d) procedures for inspecting the construction of buildings,

(e) procedures for receipt of notices that construction is ready for inspection and of written reports from architects and professional engineers arising out of the general review of the con struction of buildings,

(f) procedures for the issuance of certificates and orders under the Act, including the responsibility of the persons with the qualifications set out in Sentences 3.7.4.3.(1) and (2),

(g) procedures for referral of matters to a chief building official under subsection 14(5) of the Act,

(h) procedures for participation of the applicant or registered person in proceedings before the Building Code Commission under section 24 of the Act and before the Superior Court of Justice under section 25 of the Act,

(i) procedures for documenting the activities of the applicant or registered person under the registration, including data control, records retention and the maintenance of security and confidentiality of records, and transferring records to the principal authority,

(j) procedures for training and supervision of personnel, and

(k) procedures for the review and updating of the quality management plan.

(4) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 3.4.3.7.

(5) If a partnership or a corporation is the applicant for registration or renewal of a registration, the application shall set out the names and residence addresses of all its partners, directors or officers, as the case may be .

(6) An application for registration or renewal of a registration shall contain the names of all partners, directors, officers or employees of the applicant or registered person, as the case may be, and all other persons engaged by the applicant or registered person, who,

(a) have the qualifications set out in Clause 3.4.3.2.(1)(a),

(b) have the qualifications set out in Clause 3.4.3.2.(1)(b) in the class or classes of registration for which the application is made, and

(c) have the qualifications set out in Clause 3.4.3.2.(1)(c) in the class or classes of registration for which the application is made and will exercise powers and perform functions under the Act on behalf of the applicant or registered person in that class of registration.

(7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (6) have the qualifications set out in Clause 3.4.3.2.(1)(a), (b) or (c).

(8) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person in such form and in such detail as may be required by the director, that the applicant or registered person is covered by the insurance required under Subsection 3.6.2. during the term of the registration applied for.

(1) A registration expires one year after the date of its issuance.

(1) The fee payable for an application to take an examination that is part of an examination program referred to in Clause 3.4.3.2.(1)(a), (b) or (c) is $150.

(2) The fee for a registration is $484, for 2025 and subsequent calendar years.

(3) The fee for the addition of a new class of registration is $82, for 2024 and subsequent calendar years.

(4) The fee for renewal of a registration is $356, for 2025 and subsequent calendar years.

(1) A registration is not transferable.

(c) the registration was issued on the basis of mistaken, false or incorrect information,

(d) the director is of the opinion that the past conduct of the applicant or registered person or, if the applicant or registered person is a partnership or a corporation, the partners, officers or directors ofthe applicant or registered person, as the case may be, affords reasonable grounds for belief that the business that would be or is authorized by the registration will not be carried on in accordance with law,

(e) the director is of the opinion that there are reasonable grounds for belief that the activities of the applicant or registered person are or will be carried on in a manner that poses a threat to public safety,

(f) the application is incomplete, or

(g) any fees required under Article 3.4.3.5. remain unpaid.

(3) If the director proposes to refuse to register or renew a registration or proposes to suspend or revoke a registration under Sentence (1), the director shall serve a notice of the proposal, together with the reasons for it, on the applicant or registered person.

(4) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(5) If an applicant or registered person does not request a hearing by the Tribunal in accordance with Sentence (4), the director may carry out the proposal stated in the notice under Sentence (3).

(6) If the applicant or registered person requests a hearing before the Tribunal in accordance with Sentence (4), the Tribunal shall appoint a time for and hold a hearing and may by order direct the director to carry out the director’s proposal or refrain from carrying it out and to take such other action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for those purposes the Tribunal may substitute its opinion for that of the director.

(7) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(8) A proposal to suspend or revoke a registration by reason of Clause (2)(e) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the proposal to suspend or revoke the registration.

(9) The Tribunal may, on the application of the registered person, stay the operation of the proposal of the direc tor to suspend or revoke the registration, and may grant the stay subject to conditions.

(10) Sentences (3) to (9) do not apply and the director may cancel the registration of a registered person upon receipt of a request in writing for cancellation from the registered person in a form established by the director.

(11) Subject to Sentence (8), if within the time period set out in Sentence 3.4.3.3.(2) a registered person has applied for renewal of a registration, paid the fee required under Article 3.4.3.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 3.6.2. for the term of the renewal of the registration, the registration is deemed to continue until the earliest of,

(a) the day the registration is renewed,

(b) if the registered person is served with notice that the director proposes to refuse to renew the registration, the day the time for giving notice requesting a hearing expires or, if a hearing is held, the day the Tribunal makes its order, and

(c) the day when the registered person ceases to be covered by the insurance required under Subsection 3.6.2.

(1) The director may, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant,

(b) refuse to renew a registration, or

(c) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are,

(a) the registered person is in contravention of the Act or this Code,

(b) the registered person is in breach of a condition of the registration other than the condition set out in Clause

(1) The director shall, in the circumstances set out in Sentence (2),

(a) refuse to register an applicant,

(b) refuse to renew a registration, or

(c) suspend or revoke a registration.

(2) The circumstances referred to in Sentence (1) are that,

(a) the applicant or registered person is not covered by the insurance required under Subsection 3.6.2., or

(b) an order under subsection 69(2) of the Provincial Offences Act is in effect directing that the registration of the person be suspended and no registration be issued to that person until a fine is paid.

(3) If the director refuses to register an applicant, refuses to renew a registration or suspends or revokes a registration under Sentence (1), the director shall serve a notice of the refusal, suspension or revocation, together with the reasons for it, on the applicant or registered person.

(4) A suspension or revocation of a registration under Sentence (1) takes effect immediately and the commencement of a proceeding before the Tribunal does not stay the operation of the suspension or revocation of the registration.

(5) The Tribunal may, on the application of the registered person, stay the operation of a decision of the director to suspend or revoke the registration, and may make the stay subject to conditions.

(6) A notice under Sentence (3) shall state that the applicant or registered person is entitled to a hearing before the Tribunal if the applicant or registered person, within 15 days after service of the notice referred to in Sentence (3), serves the director and the Tribunal with notice in writing requesting a hearing.

(7) If the applicant or registered person requests a hearing before the Tribu nal in accordance with Sentence (6), the Tribunal shall appoint a time for and hold a hearing and may by order confirm, alter or revoke the decision of the director to refuse to register or to suspend or revoke the registration, as the case may be, and may take such action as the Tribunal considers the director ought to take in accordance with the Act and this Code, and for such purposes the Tribunal may substitute its opinion for that of the director.

(8) The director, the applicant or registered person who requested the hearing, and such other persons as the Tribunal may specify, are parties to proceedings before the Tribunal.

(1) The director shall establish and maintain a register available to the public that lists every person who has the qualifications required by subsection 15.11(4) of the Act.

(2) The register referred to in Sentence (1) shall contain the following information with respect to every registered person:

(a) the name of the registered person,

(b) any identifying number assigned by the director to the registered person,

(c) the business address of the registered person,

(d) the classes of registration of the registered person, and

(e) the names of any persons who will exercise powers and perform functions under the Act on behalf of the registered person in each class of registration and any identifying number assigned by the director to that person.

(1) Table 3.5.2.2. contains the classes of registration and categories of qualifications for the purposes of this Section.

(1) This Section sets out classes of registration and categories of qualifications for the purposes of Sections 3.1., 3.2., 3.4. and 3.7.

(1) Table 3.5.2.1. sets out the classes of registration and categories of qualifications for inspectors and persons who carry out design activities.

Table 3.5.2.1. (Cont’d) Classes of Registration and Categories of Qualifications for Inspectors and Persons Who Carry Out Design Activities(1)(2) Forming Part of Sentence 3.5.2.1.(1)

[TABLE:1] Notes to Table 3.5.2.1.:

(1) An inspector registered in one class of registration may carry out plans review and inspection in another class where to do so does not constitute a substantial part of the plans review or inspection on any project.

(2) A person registered in one class of registration may carry out design activities in another class where to do so does not constitute a substantial part of the design activities on any project.

(1) Table 3.5.2.2. sets out the classes of registration for registered code agen cies and the categories of qualifications for persons described in Clauses 3.4.3.2.(1)(a) to (c). e1

(1) This Section prescribes, for the purposes of subsection 15.13(1) of the Act, the insurance coverage that registered code agencies and persons referred to in subsection 15.11(5) of the Act must have.

(1) In this Subsection,

“registered person” means a person who is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1).

(1) Every registered person shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 3.6.2.3.

(1) The insurance policy,

(a) shall indemnify the registered person against liability imposed by law arising out of the performance of or the failure to perform services as a registered person during any time while the person is registered under Sentence 3.2.4.2.(1) or 3.4.3.2.(1) for claims that are first made and reported to the insurer during the period of insurance or during any extended reporting period required by Clause (1)(c),

(b) shall set out the name of the registered person,

(c) in the case of a registered code agency registered under Sentence 3.4.3.2.(1),

(i) shall require an extended reporting period of two years for the purposes of giving notice of any claim or occurrence that the registered code agency could reasonably foresee might give rise to a claim, with respect to an event that occurs prior to the person ceasing to be insured,

(ii) shall provide that the extended reporting period described in Subclause (i) shall commence on the day the registered code agency ceases to be insured, and

(iii) shall require the registered code agency to make full payment of all premiums for the extended reporting period referred to in Subclause (i) as part of the premiums for the issuance of the insurance policy,

(d) shall provide for insurance coverage to commence,

(i) on the date the registered person becomes registered, or

(ii) in the case of a registered person previously insured in accordance with this Article, on the expiry of the previous policy,

(e) shall require the insurer to provide prompt written notice to the director if the policy is declared void for material misrepresentation,

(f) shall specify a limit of indemnity for any one claim and in the aggregate during any one period of insurance that is not less than,

(i) in the case of persons registered under Sentence 3.2.4.2.(1),

(A) $1,000,000 per claim and $2,000,000 in the aggregate, if the person billed $100,000 or more in fees in the 12 months immediately before the issuance of the policy,

(B) $500,000 per claim and $1,000,000 in the aggregate, if the person billed more than $50,000 and less than $100,000 in fees in the 12 months immediately before the issuance of the policy,

(C) $250,000 per claim and $500,000 in the aggregate, if the person billed $50,000 or less in fees in the 12 months immediately before the issuance of the policy, or

(D) the limits of indemnity for any one claim and in the aggregate that are set out in Sub-subclause (A), (B) or

(C), as determined by reference to the person’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the person has been registered less than one year before the issuance of the policy, and

(ii) in the case of a registered code agency registered under Sentence 3.4.3.2.(1), $1,000,000 per claim and $2,000,000 in the aggregate, except that those limits shall apply exclusively to the exercise of the powers and performance of the duties of a registered code agency under the Act and shall be in addition to any insurance applicable to any other activities carried on by the registered co de agency,

(g) shall provide that any costs and expenses necessarily incurred by the insurer in the investigation, defence or settlement of claims under the policy shall not be part of the limit of indemnity set out in Clause (f) unless the limit of indemnity from any one claim exceeds $2,000,000,

(h) shall not provide that the insured shall be responsible for the first portion of any sum that the insured becomes legally liable to pay in respect of a claim made against him, her or it in respect of any one claim or occurrence in an amount exceeding the lesser of,

(i) $70,000, and

(ii) 5% of,

(A) the amount of fees billed by the insured in the 12 months immediately before the issuance of the policy, or

(B) the amount of the insured’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the insured has been registered under Sentence 3.2.4.2.(1) less than one year before the issuance of the policy,

(i) shall provide that it cannot be cancelled by the insured unless,

(i) the insured immediately replaces the policy with another policy that satisfies the requirements of this Article, (ii) the insurer has given notice in writing of the proposed cancellation to the director, and

(iii) the notice described in Subclause (ii) was received by the director at least 30 days before the day the policy is cancelled,

(j) shall provide that it cannot be cancelled by the insurer unless,

(i) it is cancelled for non-payment of a premium,

(ii) the insurer has given notice in writing of the proposed cancellation to the director, and

(iii) the notice described in Subclause (ii) was sent to the director at least 30 days before the day the policy is cancelled,

(k) shall provide for the continuation of coverage if the insured is adjudged a bankrupt, insolvent, incompetent or dies during the period of insurance, and

(l) may provide that coverage be subject to such exclusions and conditions and otherwise on such terms as are consistent with normal insurance industry practice from time to time.

(1) A registered code agency may not be appointed under subsection 4.1(2) of the Act, unless the agreement entered into between a principal authority and the registered code agency complies with the requirements set out in Sentences (2) and (3).

(2) An agreement described in Sentence (1) shall,

(a) be made in writing,

(b) specify the functions that the registered code agency is authorized to perform,

(c) specify the construction of the building or class of buildings in respect of which the functions will be performed,

(d) set out the procedure by which the principal authority will appoint the registered code agency to perform specified functions in respect of the construction of a building or class of buildings,

(e) require that the registered code agency carry out its functions under the agreement in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), and

(f) provide for the provision by the principal authority to the registered code agency of such plans, specifications and other information, including applications for permits, that the registered cod e agency may require in order to act under the appointment.

(3) An agreement described in Sentence (1),

(a) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence, and

(b) shall not contain any provision that relates to the construction of b uildings for a class of registration for which the registered code agency is not registered under Sentence 3.4.3.2.(1).

(1) A registered code agency may not be appointed under subsection 4.1(2) of the Act unless the appointment complies with the requirements of Sentences (2) and (3).

(2) An appointment described in Sentence (1) shall,

(a) be made in writing,

(b) specify the construction of the building or class of buildings in respect of which the appointment relates,

(c) specify the functions described in section 15.15 of the Act that the registered code agency is appointed to perform, and

(d) require that the registered code agency carry out its functions under the appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d).

(3) An appointment described in Sentence (1) may contain provisions in addition to the provisions required under Sentence (2) if the additional provisions are not inconsistent with the provisions required under that Sentence.

(1) A registered code agency may not be appointed to perform functions under section 15.15 of the Act in respect of a building or continue to act under an appointment in respect of a building if the registered code agency,

(a) is not registered under Sentence 3.4.3.2.(1) in respect of the class of registration to which the construction of the building relates, or

(b) is in breach of a condition of its registration under Article 3.4.3.7.

(2) Where the design and general review of construction of a building must be undertaken by an architect or a professional engineer or a combination of both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the bu ilding unless the registered code agency or an officer, director, partner or employee of the register ed code agency is an architect or professional engineer or both, as the case may be.

(3) A registered code agency may not be appointed under the Act or continue to act under an appointment if the registered code agency would be in a conflict of interest.

(4) For the purposes of Sentence (3), a registered code agency would be in a conflict of interest if the regi stered code agency or an officer, director, partner or employee of the registered code agency or any person engaged by the registered code agency to perform functions for it,

(a) has participated or participates, in any capacity, in design acti vities or construction relating to any part of the building to which an appointment 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 building,

(c) has a professional or financial interest in,

(i) the construction of the building to which the appointment relates,

(ii) the building to which the appointment relates, or

(iii) the person responsible for the design of the building to which the appointment relates, or

(d) is an elected official, officer or employee of a principal autho rity.

(5) For the purposes of Clause (4)(c), involvement with a building as a reg istered code agency and entitlement to any fee paid for acting as a registered code agency in respect of a build ing shall not be considered to be a professional or financial interest in the construction of the building, the building or the person responsible for the design of the building.

(1) In addition to the functions described in paragraphs 1 to 5 of section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 3.7.4.3.(5) or (6).

(1) The registered code agency shall perform the functions specified in an appointment in accordance with the Act and this Code and the quality management plan described in Clause 3.4.3.2.(1)(d).

(2) The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in MMAH Supplementary Standard SC-1, “Code of Conduct for Registered Code Agencies”.

(1) The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c) in respect of the type of building set out in Column 3 of Table 3.5.2.2. for which the person is carrying out the activities.

(2) A registered code agency shall prepare written records of every inspection of the construction of a building that is undertaken by the registered code agency in the course of performing functions under an appointment.

(3) The record required under Sentence (2) shall include,

(a) the date of receipt of the notice of readiness for inspection, if any,

(b) the date of the inspection,

(c) the reason for the inspection, and

(d) whether non-compliance with this Code was observed in the course of the inspection and the details of the non- compliance.

(4) If a registered code agency has issued an order under subsection 12(2), 13(1) or 13(6) of the Act, the registered code agency shall prepare a written record consisting of,

(a) a copy of the order,

(b) the persons on whom the order was served and the date and manner of service,

(c) when and how the order was complied with, and

(d) if the order has not been complied with, the efforts made by the registered code agency to achieve compliance by the persons responsible for compliance.

(1) Subject to Sentence (2), every certificate issued under the Act by a registered code agency shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause

(1) Orders under subsections 13(6) and 14(1) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or a person who has the qualifications set out in Clause 3.4.3.2.(1)(a).

(2) Orders under subsections 12(2) and 13(1) and clause 18(1)(f) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c).

(1) Persons who have the qualifications set out in Clause 3.4.3.2.(1)(a), (b) or (c) are prescribed for the purposes of subsection 15.17(1) of the Act.

(2) The certificate of authorization referred to in subsection 15.17(2) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by a representative of the registered code agency who has the qualifications set out in Clause 3.4.3.2.(1)(a) and shall contain the following information:

(a) the name of the registered code agency and any identifying number issued by the director to the registered co de agency,

(b) the title, business address and business telephone number of a representative of the registered code agency who may be contacted to answer questions about the certificate and the authorization to which it relates,

(c) the name of the authorized person and any identifying number issued by the director to the authorized person in respect of that person’s qualifications,

(d) the scope of the powers that may be exercised and the functions that may be performed by the authorized person, (e) the date of issuance of the certificate.

(3) Every person described in Sentence (1) shall carry his or her certificate of authorization when performing duties and shall produce the certificate for inspection upon request.

(1) A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that,

(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code agency or any other person has contravened or intends to contravene a provision of the Act or this Code or a predecessor of this Code,

(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of the Act or this Code or a predecessor of this Code,

(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of the Act or this Code or a predecessor of this Code not be contravened, or

(d) the registered code agency believes that the employee will do anything referred to in Clause (a), (b) or (c).

(2) Nothing in this Section impairs any right of an employee either at law or under an employment contract or collective agreement.

(3) In this Article,

“employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.

(1) The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d).

(2) Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under the Act may be used only for the purpose of performing functions under an appointment under subsection 4.1(2) of the Act and may be disclosed only,

(a) to a principal authority pursuant to an agreement under subsection 4.1(1) of the Act,

(b) to a principal authority to aid the enforcement in any manner of the Act, or

(c) where required or permitted under the Act, this Code, other applicable legislation or an order ofa court.

(3) A registered code agency shall ensure that any agreement under which the register ed code agency engages a person to assist the registered code agency to perform functions under an appointment includes a provision that requires the person to comply with Sentences (1) and (2).

(1) A principal authority may, in accordance with the terms of an agreement under subsection 4.1(1) of the Act, terminate the appointment of a registered code agency before the appointment expires under section 15.19 of the Act.

(1) If a principal authority that has appointed a registered code agency terminates the appointment before the appointment expires under section 15.19 of the Act, the principal authority shall, as soon as possible after the termination, give the director notice of the termination and such other information concerning the circumstances of the termination and as may be required by the dir ector.

(2) If a chief building official has issued an order under subsection 15.21(1) of the Act, the principal authority shall as soon as possible after the order is issued give the dir ector a copy of the order and such other information concerning the circumstances of the order and as may be required by the director.

(1) A registered code agency that becomes or expects to become unable to carry out the functions for which the registered code agency was appointed shall as soon as possible give notice to the director of this situation.

(1) A registered code agency shall notify the chief building official if the registered code age ncy becomes or expects to become unable to carry out the functions for which the registered code agency was appointed.

(2) A registered code agency shall give copies of the following records to the chief building official,

(a) all orders issued by the registered code agency under subsections 12(2), 13(1) and 13(6) of the Act,

(b) all written records prepared by the registered code agency under Sentences 3.7.4.2.(3), (4) and (5),

(c) all final certificates that are issued by the registered code agency,

(d) records described in Section 2.1. relating to the use of an alternative solution, and

(e) any records of information, copies of documents or things, tests, samples or photographs produced, removed, required, taken or ordered to be taken under subsection 18(1) of the Act.

(3) The documents referred to in Sentence (2) shall be given to the chief building official,

(a) within the time period specified in any agreement under Article 3.7.1.1. or appointment under Article 3.7.1.2. in respect of which the documents relate, whichever time period ends earlier,

(b) within 15 days after the expiry or termination of the appointment of the registered code agency in respect of which the documents relate, if there is no time period specified in the agreement or appointment referred to in Clause (a), or

(c) if the chief building official has given notice to the registered code agency that he or she requires the documents before the time set out in Clause (a) or (b), within 2 days after the request for documents.

(4) The requirements of Sentence (2) apply even if the registered code agency is no longer registered under Sentence 3.4.3.2.(1).

(5) If a registered code agency in the course of carrying out functions under an appointment has reason to believe that a building described in Sentence (7) is unsafe within the meaning of subsection 15.9(2) or (3) of the Act, the registered code agency shall as soon as possible give notice to the chief bu ilding official of,

(a) the location of the building, and

(b) the reason why the registered code agency has reason to believe that the b uilding is unsafe.

(6) A registered code agency that has given a notice to the chief building official under Sentence (5) shall give the chief building official such other information about the unsafe condition as the c hief building official may require.

(7) Sentence (5) applies to,

(a) a building in respect of which the registered code agency has been appointed to perform functions, and

(b) a building that has been adversely affected by the construction of a bui lding referred to in Clause (a).

(8) For the purposes of Sentence (3), a time period referred to in Clause (3)(a), (b) or (c),

(a) does not start until the day after the day on which the obligation to provide the documents arises, and

(b) does not include Saturdays, holidays and all other days on which the offices ofthe principal authority are not open for the transaction of business with the public.

(1) A registered code agency shall refer a matter under subsection 14(5) of the Act to the chief building official by giving the chief bu ilding official, as soon as possible,

(a) a report that contains the following information:

(i) a copy of the order made under section 12 or 13 of the Act that was not complied with and of the order under section 14 of the Act,

(ii) the persons on whom the orders were served and the date and manner of service,

(iii) a statement that the orders have not been complied with, and

(iv) the efforts made by the registered code agency to achieve compliance with the orders by the persons responsible for compliance, and

(b) such other information as the chief building official may require in respect of the matter that has been referred.

(2) The report under Clause (1)(a) shall be signed, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), by the registered code agency or, if the registered code agency is a corporation or partnership, by a person who has the qualifications set out in Clause 3.4.3.2.(1)(a). Index(1)

(1) Items contained in the Index are referenced to the numbering system used in this Code instead of to page numbers. References occur in Division B unless noted as follows: [A] - references occur in Division A [C] - references occur in Division C A suites, 9.9.7.2. shelf and rack storage system in, 3.16.1.7. Abbreviations stairs, 3.4.6.8. proper names, 1.3.2.1. transparent panels, 3.3.1.20. symbols and other abbreviations, 1.4.2.1.[A] travel distance, 9.9.7.6. Access when exits are means of egress, 9.9.7. attic or roof space, 3.6.4.4., 9.19.2.1. width, 9.9.3. crawl spaces, 3.6.4.6., 9.18.2.1., 9.18.4.1. Access for firefighting chimneys, 6.3.3.4. access routes, 3.2.5.4., 3.2.5.5., 3.2.5.6. fire dampers, 3.1.8.7. basements, 3.2.5.2., 9.10.20.2. hatchways to roof, 9.19.2.1. and building size determination, 1.3.3.4.[A] heating, ventilating and air-conditioning equipment, provisions, 9.10.20. 6.2.1.6., 9.18.4.1., 9.32.3.2., 9.33.4.4. roof area, 3.2.5.3. horizontal service spaces, 3.6.4.5., 9.18.2.1., 9.18.4.1. storeys below ground, 3.2.2.15. Access for firefighting, 3.2.2.10., 3.2.2.15., 3.2.5.1., storeys above grade, 3.2.5.1.