Administrative Requirements for Use with the National Building Code: 1980

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iii

Page

Preface

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Section 1 Scope

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Section 2 Definitions

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Section 3 Prohibitions

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Section 4 Responsibilities of the Owner

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Section 5 Responsibilities of the Constructor

Section 6 Responsibilities of the Authority Having Jurisdiction

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Section

7 Powers of the Authority Having Jurisdiction

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Section 8 Permits and Permit Fees

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Section 9 Inspection

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Section 10 Climatic Data

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Section 11 Board of Appeal

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Section 12 Effective Date

Appendix

Explanation of the Administrative Requirements for

Use

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with the NBC 1980

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PREFACE

The requirements contained in this document are based on those formerly contained in Part 2

of the National Building Code of Canada 1977. They were removed from the Code by the Asso- ciate Committee on the National Building Code to facilitate the adoption of the National Build- ing Code by those jurisdictions who may have legislation that is not compatible with these administrative requirements.

For authorities who may wish to adopt these administrative requirements, however, it may be noted that the NBC 1980 contains a requirement in Subsection 1.1.1. that states: "This code shall be administered in conformance with the appropriate provincial or municipal regulations or, in the absence of such regulations, in conformance with the ACNBC Administrative Requirements for Use with the National Building Code of Canada 1980."

It may be seen, therefore, that these administrative requirements are automatically referenced when the National Building Code is adopted, unless the adopting authority has provided for other administrative requirements.

Comments are invited from building officials or others concerned with these administrative requirements for consideration by the Associate Committee for possible use in subsequent edi- tions. Such comments should be sent to the Secretary, Associate Committee on the National Building Code, National Research Council, Ottawa, Ontario KIA OR6.

Ce document est disponsible en fran~ais.

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SECTION 1 SCOPE

SUBSECTION 1.1 APPLICATION

1.1.1. These requirements apply to the design, construction and occupancy of new buildings,

and the alteration, reconstruction, demolition, removal, relocation and occupancy of existing buildings.

1.1.2. The requirements of the National Building Code of Canada 1980 shall apply to all work falling within the jurisdiction of these regulations.

SUBSECTION 1.2 LIMITED APPLICATION TO EXISTING BUILDINGS

1.2.1. Where a building or any part thereof is altered, these requirements apply to the parts of

the building that are altered.

1.2.2. These requirements apply where the whole or any part of a building is relocated either

within or into the municipality.

1.2.3. When the whole or any part of a building is demolished, these requirements apply to the

work involved in the demolition and to work required to any parts remaining after demolition to the extent that deficiencies remaining after demolition are corrected.

1.2.4. When a building is damaged by fire, earthquake or other cause, these requirements and

the appropriate regulations in the Fire Prevention Bylaw or, in the absence of a Fire Prevention Bylaw, the National Fire Code of Canada 1980 apply to the work necessary to reconstruct damaged portions of the building.

1.2.5. When an unsafe condition exists in or about a building, these requirements and the ap-

propriate regulations in the Fire Prevention Bylaw or, in the absence of a Fire Prevention Bylaw, the National Fire Code of Canada 1980 apply to the work necessary to correct the unsafe condition.

1.2.6. When the occupancy of a building or any part thereof is changed, these requirements ap-

ply to all parts of the building affected by the change.

SUBSECTION 1.3 EXEMPTIONS 1.3.1. These requirements do not apply to

(a) public works located on a street or on a public transit right of way,

(b) public utility towers and poles, television and radio or other communication aerials and towers, except for loads resulting from those located on or attached to buildings,

(c) flood control and hydro electric dams and structures,

(d) mechanical or other equipment and appliances not specifically regulated in these requirements,

(e) accessory buildings not greater than 10 m2 in building area provided they do not create

a hazard, and

(f) farm buildings other than those used as residences, attached garages and carports.

SECTION 2 DEFINITIONS

SUBSECTION 2.1 Definitions of words and phrases used in these requirements that are not included in the list of definitions in this Section shall have the meanings which are commonly as- signed to them in the context in which they are used in these requirements, taking into account the specialized use of terms with the various trades and professions to which the terminology applies.

SUBSECTION 2.2 The words and terms in italics in these requirements have the following meanings:

Accepted means accepted by the authority having jurisdiction.

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Air-supported structure means a structure consisting of a pliable membrane which achieves and maintains its shape and support by internal air pressure.

Alteration means a change or extension to any matter or thing or to any occupancy regulated by these requirements.

Authority having jurisdiction means the governmental body responsible for the enforcement of any Part of these requirements, or the official or agency designated by that body to exercise such a function.

Building means any structure used or intended for supporting or sheltering any use or

occupancy.

Building area means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls.

Building height (in storeys) means the number of storeys contained between the roof and the floor of the first storey.

Constructor means a person who contracts with an owner or his authorized agent to undertake a project, and includes an owner who contracts with more than 1 person for the work on a project or undertakes the work on a project or any part thereof.

Designer means the person responsible for the design.

Firewall means a type of fire separation of noncombustible construction which subdivides a

building or separates adjoining buildings to resist the spread of fire and which has afire-

resistance rating as prescribed in the National Building Code 1980 and has structural sta- bility to remain intact under fire conditions for the required fire-rated time.

First storey (see Storey, first).

Foundation means a system or arrangement of foundation units through which the loads from a building are transferred to supporting soil or rock.

Foundation unit means one of the structural members of the foundation of a building such as a footing, raft or pile.

Grade (as applying to the determination of building height) means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions such as for vehicle or pedestrian entrances need not be considered in the de- termination of average levels of finished ground (see Storey, first).

Occupancy means the use or intended use of a building or part thereof for the shelter or sup- port of persons, animals or property.

Owner means any person, firm or corporation controlling the property under consideration.

Permit means permission or authorization in writing by the authority having jurisdiction to per- form work regulated by these requirements and, in the case of an occupancy permit, to occupy any building or part thereof.

Pile means a slender deep foundation unit, made of materials such as wood, steel or concrete or combination thereof, which is either premanufactured and placed by driving, jacking, jetting or screwing, or cast-in-place in a hole formed by driving, excavating or boring. (Cast-in-place bored piles are often referred to as caissons in Canada.)

Storey means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it.

Storey, first means the uppermost storey having its floor level not more than 2 m above grade.

Street means any highway, road, boulevard, square or other improved thoroughfare 9 m or more in width, which has been dedicated or deeded for public use, and is accessible to fire department vehicles and equipment.

Unsafe condition means any condition that could cause undue hazard to life, limb or health of any person authorized or expected to be onor about the premises.

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; and

SECTION 3 PROHIBITIONS

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SUBSECTION 3.1 Any person who fails to comply with any order or notice issued by the au- thority having jurisdiction, or who allows a violation of these requirements to continue, contravenes the provisions of these requirements.

SUBSECTION 3.2 No person shall work o r authorize o r allow work to proceed on a project for which apermit is required unless a valid permit exists for the work t o be done.

SUBSECTION 3.3 No person shall deviate from the accepted plans and specifications forming a part of the building permit, or omit or fail to complete, prior to occupancy, work required by the said accepted plans and specifications, without first having obtained in writing the approval of the

authority having jurisdiction to do so.

SUBSECTION 3.4 No person shall occupy or allow the occupancy of any building, or part thereof, unless the owner has obtained an occupancy permit from the authority having ju rsidiction.

SUBSECTION 3.5 No person having authority in the construction, reconstruction, demolition,

alteration, removal, relocation or occupancy of a building shall cause, allow or maintain any un- safe condition.

SUBSECTION 3.6 No person shall excavate o r undertake work on, over or under public property, o r erect or place any construction o r work o r store any materials thereon without approval having first been obtained in writing from the appropriate government authority.

SUBSECTION 3.7 No person shall allow the property boundaries of a building lot to be so changed as to place a building or part thereof in contravention of these requirements, unless the

building o r part thereof is so altered, after obtaining the necessary permit, so that no contravention will occur as a result of the change of the property boundary or accepted grades.

SUBSECTION 3.8 Any person who knowingly submits false or misleading information contravenes these requirements.

SECTION 4 RESPONSIBILITIES OF THE OWNER

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SUBSECTION 4.1 Every owner shall allow the authority having jursidiction to enter any build- ing or premises at any reasonable time for the purpose of administering and enforcing these requirements.

SUBSECTION 4.2 Every owner shall obtain all permits o r approvals required in connection with proposed work, prior to commencing the work t o which they relate.

SUBSECTION 4.3 Every owner shall ensure that the plans and specifications on which the issue of the building permit was based are available continuously at the site of the work for inspection during working hours, by the authority having jurisdiction, and that the permit, or true copy thereof, is posted conspicuously on the site during the entire execution of the work.

SUBSECTION4.4 Every owner shall give notice t o the authority having jurisdiction of the dates on which he intends t o begin work prior t o commencing work on the building site.

SUBSECTION 4.5 Every owner shall give notice in writing to the authority having jurisdiction,

prior to commencing the work, listing

(a) the name, address and telephone number of

(i) the constructor or other person in charge of the work, (ii) the engineer or architect reviewing the work, and

(iii) any inspection o r testing agency engaged to monitor the work, and

(b) any change in o r termination of employment of such persons during the course of the construction immediately that such change o r termination occurs.

SUBSECTION 4.6 Every owner shall give notice t o the authority having jurisdiction

(a) of intent to do work that has been ordered inspected during construction,

(b) of intent to cover work that has been ordered to be inspected prior to covering, and

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(c) when work has been completed so that a final inspection can be made.

SUBSECTION 4.7 Every owner shall give notice in writing to the authority having jurisdiction (a) immediately that any change in ownership or change in the address of the owner occurs

prior to the issuance of an occupancypermit, and

(b) prior to occupying any portion of the building if it is to be occupied in stages.

SUBSECTION 4.8 Every owner shall give such other notice to the authority having jurisdiction as may be required by the provisions of these requirements.

SUBSECTION 4.9 Every owner shall make or have made at his own expense tests or inspec- tions as necessary to prove compliance with these requirements and shall promptly file a copy of all such test or inspection reports with the authority having jurisdiction.

SUBSECTION 4.10 Every owner shall provide an up-to-date survey of the building site when and as required by the authority having jurisdiction

SUBSECTION 4.11 When required by the authority having jurisdiction, every owner shall un- cover and replace at his own expense any work that has been covered contrary to an order issued by the authority having jurisdiction.

SUBSECTION 4.12 Every owner is responsible for the cost of repair of any damage to public property or works located thereon that may occur as a result of undertaking work for which a

permit was required.

SUBSECTION 4.13 No owner shall deviate from these requirements or from the conditions of the permit or omit work required by these requirements or the conditions of the permit without first obtaining from the authority having jurisdiction permission in writing to do so.

SUBSECTION 4.14 Every owner shall obtain an occupancy permit from the authority having

jurisdiction prior to any

(a) occupancy of a building or part thereof after construction, partial demolition o r altera-

tion of that building, or

(b) change in the occupancy of any building or part thereof.

SUBSECTION 4.15 Every owner shall ensure that no unsafe condition exists or will exist be- cause of the work being undertaken or not completed should occupancy occur prior to the com- pletion of any work being undertaken that requires a permit.

SUBSECTION 4.16 When required by the authority having jurisdiction, every owner shall pro- vide a letter to certify compliance with these requirements and of any permits required.

SUBSECTION 4.17 The granting of apermit, the approval of the drawings and specifications or inspections made by the authority having jurisdiction shall not in any way relieve the owner of a

building from full responsibility for carrying out the work or having the work carried out in ac-

cordance with these requirements, including ensuring that the occupancy of the building, or any part thereof, is in accordance with the terms of the occupancypermit, and including compliance with any special conditions made under the provisions of Subsection 7.6.

SUBSECTION 4.18 When a building or part thereof is in an unsafe condition, the owner shall forthwith take all necessary action to put the building in a safe condition.

SUBSECTION 4.19 Every owner who intends to construct or have constructed a building within the scope of Part 4 shall ensure that an architect, professional engineer or both are re- tained to undertake

(a) the design of the building, and

(b) the general review of the building during construction.

SECTION 5 RESPONSIBILITIES OF THE CONSTRUCTOR

SUBSECTION 5.1 Every constructor shall ensure that all construction safety requirements of these requirements are complied with.

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SUBSECTION 5.2 Every constructor is responsible for ensuring that no excavation or other work is undertaken on public property, and that no building is erected or materials stored in whole or in part thereon without approval first having been obtained in writing from the appropriate government authority.

SUBSECTION 5.3 Every constructor is responsible jointly and severally with the owners for any work actually undertaken.

SECTION 6 RESPONSIBILITIES OF THE AUTHORITY

HAVING JURISDICTION

SUBSECTION 6.1 The authority having jurisdiction is responsible for the administration and enforcement of these requirements.

SUBSECTION 6.2 The authority having jurisdiction shall keep copies of all applications re- ceived, permits and orders issued, inspections and tests made and of all papers and documents connected with the administration of these requirements for such time as other regulations require.

SUBSECTION 6.3 The authority having jurisdiction shall accept any construction or condition that lawfully existed within the area of jurisdiction prior to the effective date of these require- ments provided that such construction or condition does not constitute an unsafe condition.

SUBSECTION 6.4 The authority having jurisdiction shall issue in writing such notices or orders as may be necessary to inform the owner where a contravention of these requirements has been observed.

SUBSECTION 6.5 The authority having jurisdiction shall answer such relevant questions as may be reasonable with respect to the provisions of these requirements when requested to do so but, except for standard design aids, shall refrain from assisting in the laying out of any work and from acting in the capacity of an engineering or architectural consultant.

SUBSECTION 6.6 The authority having jurisdiction shall issue a permit to the owner when, to the best of his knowledge, the applicable conditions as set forth in these requirements have been met.

SECTION 7 POWERS OF THE AUTHORITY HAVING

JURISDICTION

SUBSECTION 7.1 The authority having jurisdiction may enter any building or premises at any reasonable time for the purpose of administering or enforcing these requirements.

SUBSECTION 7.2 The authority having jurisdiction is empowered to order

(a) a person who contravenes these requirements to comply with them within the time period specified,

(b) work to stop on the building or any part thereof if such work is proceeding in contra- vention of these requirements, or if there is deemed to be an unsafe condition,

(c) ,the removal of any unauthorized encroachment on public property,

(d) the removal of any building or part thereof constructed in contravention of these re- quirements,

(e) the cessation of any occupancy in contravention of these requirements,

(f) the cessation of any occupancy if any unsafe condition exists because of work being un- dertaken or not completed, and

(g) correction of any unsafe condition.

SUBSECTION 7.3 The authority having jurisdiction may direct that tests of materials, equip- ment, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence o r proof be submitted at the expense of the owner, where such evidence or

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proof is necessary to determine whether the material, equipment, device, construction or foun- dation condition meets these requirements.

SUBSECTION 7.4 The authority having jurisdiction may require any owner to submit an up-to- date plan of survey prepared by a registered land surveyor which shall contain sufficient information regarding the site and the location of any building

(a) to establish before construction begins that all these requirements in relation to this information will be complied with, and 1

(b) to verify upon completion of the work that all such requirements have been complied with.

SUBSECTION 7.5 When site conditions, size or complexity of the work warrant, the authority having jurisdiction may require that all plans and specifications or any part thereof be certified, and the contruction or alteration of any building or part thereof be generally reviewed during construction, by an architect or engineer registered or licensed to practice in the jurisdiction in which the work is being undertaken.

SUBSECTION 7.6 The authority having jurisdiction may issue a permit when in his opinion it is warranted with respect to a building or occupancy in which existing related construction is not in complete compliance with these requirements, in which case the permit may be issued subject to certain conditions.

SUBSECTION 7.7 The authority having jurisdiction may issue apermit at the risk of the owner,

with conditions if necessary to ensure compliance with these requirements and any other applicable regulations, to excavate or to construct a portion of a building before the entire plans of the whole project have been submitted or accepted.

SUBSECTION 7.8 The authority having jurisdiction may issue a permit for the entire project conditional upon the submission, prior to commencing work thereon, of additional information not available at the time of issuance, if such data are of secondary importance and are of such nature that the withholding of the permit until its availability would unreasonably delay the work.

SUBSECTION 7.9 The authority having jurisdiction may refuse to issue any permit

(a) whenever information submitted is inadequate to determine compliance with the provisions of these requirements,

(b) whenever incorrect information is submitted,

(c) that would authorize any building work or occupancy that would not be permitted by these requirements, or

(d) that would be prohibited by any other regulation.

SUBSECTION 7.10 The authority having jurisdiction may revoke a permit if

(a) there is a contravention of any condition under which the permit was issued, (b) the permit was issued in error, or

(c) the permit was issued on the basis of incorrect information.

SUBSECTION 7.11 The authority having jurisdiction may place a value on the cost of the work for the purpose of determining permit fees to be applicable.

SUBSECTION 7.12 The authority having jurisdiction may issue an occupancy permit, subject to compliance with provisions to safeguard persons in or about the premises, to allow the

occupancy of a building or a part thereof for the accepted use, prior to commencement or completion of the construction or demolition work.

SUBSECTION 7.13 When any building, construction or excavation or part thereof is in an un- safe condition as a result of being open or unguarded, or because of danger from fire or risk of accident because of its ruinous or dilapidated state, faulty construction, abandonment or otherwise, and when due notice to correct such condition has not been complied with, the authority having jurisdiction may

(a) demolish, remove or make safe such building, construction, excavation or part thereof at the expense of the owner and may recover such expense in like manner as municipal taxes, and

(b) take such other measures as he may consider necessary to protect the public.

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SUBSECTION 7.14 When immediate measures must be taken to avoid an imminent danger of fire or risk of accident, the authority having jurisdiction may take such action as is appropriate, without notice, and at the expense of the owner.

SUBSECTION 7.15 Before issuing an occupancy permit, the authority having jurisdiction may require the owner to provide letters to certify that these requirements and the necessary permits have been met.

SUBSECTION 7.16 The authority having jurisdiction shall issue to the owner an order or notice in writing to correct any unsafe condition observed in any building.

SUBSECTION 7.17 The authority having jurisdiction shall provide when requested to do so all reasons for refusal to grant a permit.

SUBSECTION 7.18 Where any failure occurs which causes or has the potential to cause injury or loss of life, the authority having jurisdiction may require the owner or the owner's agent to submit a report stating

(a) the name and address of the owner of the building,

(b) the address or location of the building involved in the failure, (c) the name and address of the constructor, and

(d) the nature of the failure.

SECTION

8 PERMITS AND PERMIT FEES

SUBSECTION 8.1 PERMITS

8.1.1. A permit is required whenever work regulated by these requirements is to be undertaken.

8.1.2. Permits, in addition to the permits required in Article 8.1.1. with respect to building components and services, may be required by the authority having jurisdiction.

8.1.3. An occupancy permit is required

(a) to allow the occupancy of a building or part thereof, or (b) when the occupancy of a building or part thereof is changed.

SUBSECTION 8.2 APPLICATION FOR PERMIT

8.2.1. T o obtain a permit the owner shall file an application in writing on a prescribed form.

8.2.2.(1) Except as otherwise allowed by the authority having jurisdiction, every application shall

(a) identify and describe in detail the work and occupancy to be covered by the permit for which application is made,

(b) describe the land on which the work is to be done by a description that will readily identify and locate the building lot,

(c) include plans and specifications, unless otherwise accepted by the authority having jurisdiction, and show the occupancy of all parts of the building,

(d) state the valuation of the proposed work and be accompanied by the required fee, and (e) state the names, addresses and telephone numbers of the owner, architect, engineer or

other designer and constructor.

8.2.3. An application for a permit may be deemed to have been abandoned 6 months after the date of filing, unless such application has been proceeded with.

SUBSECTION 8.3 APPROVAL IN PART

8.3.1. Where in order to expedite work, approval of a portion of the building is desired prior to the issuance of a permit for the whole project, application shall be made for the complete project, and complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the authority having jurisdiction.

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8.3.2. Should a permit be issued for part of a building, the holder of such permit may proceed without assurance that the permit for the entire building will be granted.

SUBSECTION 8.4 After issuance of the permit, application may be made for revision of the

permit, and such application shall be made in the same manner as for the original permit.

SUBSECTION 8.5 A permit shall expire and the right of an owner under the permit shall termi- nate if

(a) the work authorized by the permit is not commenced within 6 months from the date of issuance of the permit and actively carried out thereafter, or

(b) work is suspended for a period of 6 months.

SUBSECTION 8.6 Permit fees and all procedures and conditions applicable thereto shall be as established by the authority having jurisdiction.

SUBSECTION 8.7 PERMIT FOR A TEMPORARY BUILDING

8.7.1. Notwithstanding anything contained elsewhere in these requirements, a permit for a temporary building may be issued by the authority having jurisdiction, authorizing for a limited time only the erection and existence of a building or part thereof for an occupancy which because of its nature will exist for a short time under circumstances which warrant only selective compliance with the requirements.

8.7.2. A permit for a temporary building shall state the date after which and the conditions under which thepermit is no longer valid.

8.7.3. A permit for a temporary building may be extended provided permission in writing is granted by the authority having jurisdiction.

8.7.4. Apermit for a temporary building shall be posted on the building.

SUBSECTION 8.8 TENTS

AND

AIR-SUPPORTED STRUCTURES

8.8.1. Except where permitted by the authority having jurisdiction, a tent or air-supported structure shall not be erected unless a certificate of occupancy has been obtained.

8.8.2. The authority having jurisdiction shall issue a certificate of occupancy when he is satisfied that a tent or air-supported structure complies with the National Building Code of Canada 1980.

8.8.3. The certificate of occupancy for a tent or air-supported structure is renewable every 12 months provided the tent or air-supported structure complies with all laws and regulations in effect at the time of request for renewal.

SECTION 9 INSPECTION

SUBSECTION 9.1 The designer shall make copies of all inspection and review reports available to the authority having jurisdiction upon request.

SUBSECTION 9.2 The person responsible for foundation review shall prepare and sign a report of each review and send the report as soon as practical t o the authority having jurisdiction.

SUBSECTION 9.3 The authority having jurisdiction shall be notified and given an opportunity to inspect the site before excavation, before a foundation is placed and before a superstructure is placed on a foundation.

SECTION 10 CLIMATIC DATA

SUBSECTION 10.1 The climatic data required for the design of buildings in this municipality are the data provided by Table 1 when the appropriate climatic figures have been entered by the

authority having jurisdiction.

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Table 1

Forming Part of Subsection 10.1 ceed

CLIMATIC DATA

FOR

THE

I the

National Building Code of Canada 1980

...

1. January 2l/2 per cent Design Temperature

...

2. January 1 per cent Design Temperature

...

3. July 2l/2 per cent Design Drybulb Temp.

...

4. July 2l/2 per cent Design Wetbulb Temp..

...

5. Annual Total Degree-days :or a

~ i t e d :awe npli-

6. Maximum 1 day Rainfall

...

7. Annual Total Precipitation..

...

8. Maximum Snow Load on the Ground

...

9. Wind Effects: Probability 1/10

...

Probability 1/30

...

Probability 1/100.. s un-

...

10. Seismic Zone

...

11. Acceleration ratio (A)

Canadian Plumbing Code 1980

12. Maximum 15 min Rainfall

...

Note: The above Table has been provided for recording the values of major climate factors that affect building in each jurisdiction using the Code. These values may be obtained from Chapter 1, "Climatic Informa- tion for Building Design in Canada" of the Supplement to the NBC 1980, or by writing to: Head, Energy and Industrial Applications Section, Canadian Climate Centre, Atmospheric Environment Service, En- vironment Canada, 4905 Dufferin Street, Downsview, Ontario N3H 5T4.

sfied 80.

y 12

n ef-

SECTION 11 BOARD

OF

APPEAL

lable

SUBSECTION 11.1 Unless provincial legislation provides for a Board of Appeal, the authority having jurisdiction may create such a board, and if created it shall have the following establish- ment and terms of reference.

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.

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SUBSECTION 11.2 The Board of Appeal shall consist of at least 7 members, including a Chair- man and Vice-Chairman, who are qualified by experience and training to consider matters per- taining to building design and construction.

11.2.1. The members of the Board of Appeal shall be appointed for such periods as may be deemed appropriate.

11.2.2. In the absence of the Chairman and Vice-Chairman at any meeting, the members shall elect a Chairman from among those present to preside.

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11.2.3. A Secretary without voting privileges shall be appointed and be responsible for maintaining records, correspondence and keeping minutes of the Board meetings.

11.2.4. Three members of the Board constitute a quorum.

SUBSECTION 11.3 The Board shall hear appeals from decisions of the designated official per- taining to these requirements and shall confirm, alter or reject such decision in accordance with the intent of these requirements.

SUBSECTION 11.4 An appeal against a decision of the designated official may be submitted to the Board of Appeal by a person who

(a) has applied under the provisions of these requirements for a permit which has not been

granted,

(b) has had a permit revoked, or

(c) feels himself adversely affected by a decision of the designated official.

SUBSECTION 11.5 The appellant shall file with the Secretary of the Board of Appeal a state- ment in writing in such detail as will enable the Board properly to consider the appeal, addressed to the Board of Appeal and setting out

(a) the nature and subject matter of the appeal,

(b) the address of the building affected by the appeal, and

(c) the sections of these requirements applicable to the appeal.

SUBSECTION 11.6 The Board shall meet as often as it deems necessary to conduct work of the Board in an expeditious manner.

11.6.1. The Board shall consider any appeal filed with the Secretary within 15 calendar days after a decision of the designated official and need not consider any appeal filed thereafter.

11.6.2. The Board shall meet to hear an appeal within 45 calendar days after the appeal has been filed, or such lesser time as may be designated in the notice creating the Board.

11.6.3. The Board shall communicate its decision to the person making the appeal within 2

working days after the decision has been reached.

SUBSECTION 11.7 The appellant and the designated official or their respective representa- tives may attend the meeting of the Board and may make representations concerning the matter under appeal.

11.7.1. The Board in making its decisions may inform itself in any manner it deems appropriate and which it considers necessary to arrive at a decision.

11.7.2. The Board shall inform the appellant and designated official of any additional information considered and shall provide an opportunity for either party to respond.

SUBSECTION 11.8 The decisions of a majority of the members of the Board present at a hearing shall be the decision of the Board, whose decision shall not be subject to further appeal.

SUBSECTION 11.9 The Secretary shall notify the appellant and the designated official of a decision of the Board in writing, and such decisions shall form part of the public record.

SUBSECTION 11.10 A person who appeals in accordance with the provisions of this section shall not be relieved of complying with the requirements pending a decision on the appeal, nor shall the authority having jurisdiction be precluded from enforcing the provisions of the require-

ments during such period.

SECTION 12 EFFECTIVE DATE

SUBSECTION 12.1 These requirements shall come into effect when proclaimed by the

authority having jurisdiction.

SUBSECTION 12.2 Any person who carries out work under the terms of these requirements after its adoption but before its effective date may do so, but all such work shall comply entirely with these requirements.

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:r- ith

SUBSECTION

12.3 These requirements or any amendment to them shall not affect the rights of an owner under a permit issued prior to the effective date of these requirements or such amendment provided the owner has commenced work within 6 months of the date of issuance of the permit and has actively carried out work thereafter.

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APPENDIX

EXPLANATION OF THE

ADMINISTRATIVE REQUIREMENTS

FOR USE WITH THE NBC 1980

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APPENDIX

This Appendix is intended to explain and enlarge upon the Administrative Requirements for Use with the NBC 1980.

In the past some provinces have enacted building code legislation in which the necessary administrative clauses were incorporated in the act and in the associated regulations. In other provinces, the National Building Code of Canada has been adopted by direct reference, with no administrative clauses in the act.

Since the desirable approach is legislation at each provincial level which would permit a uni- form approach to Code adoption, the Associate Committee has published these administrative requirements for use with the National Building Code 1980 as a separate document for use by provincial or municipal authorities.

General Organization and Arrangement

Examination of the contents of these requirements indicates some repetition in various sections. This is necessary because of the complementary nature of the responsibilities of the persons involved. Section 3 (Prohibitions) contains those matters that apply to all persons. Follow- ing that are the duties and responsibilities of the owner, of the constructor and of the authority having jurisdiction, followed by the powers of the authority having jurisdiction. Thus, the actions for which each party to the building process is responsible are so arranged that they appear together,

For example, Subsection 3.2 prohibits anyone building without a permit. Subsection 4.2 re- quires the owner to obtain a permit. Subsection 6.8 requires the authority having jurisdiction to issue a permit when the appropriate requirements are met. Subsections 7.6 to 7.8 empower the authority having jurisdiction to issue permits under certain special conditions. Subsection 7.9 empowers the authority having jurisdiction to refuse to issue a permit under some conditions and subsection 7.10 empowers him to revoke a permit for cause.

The arrangement of the sections was decided upon as the most logical sequence. It should be emphasized, however, that none of the sections, with the exception of Section 11 (Board of Ap- peal) and Section 12 (Effective Date), should be deleted, since all the remaining sections are in- terdependent. Sections 1 to 9, inclusive, should be taken as a whole, with all sections taken in context.

Many of the administrative clauses need no further explanation. However, there are a number of new or revised clauses that deserve some discussion. It should be noted that penalties have not been included because in most cases they form a part of related provincial legislation. Nor has special provision been made for experimental buildings. Where such buildings fall clearly within the requirements they pose no problem. Otherwise, it is left to the authority having jurisdiction to determine the acceptability of each individual case.

Section 1 Scope

Subsection 1.2 This Subsection clarifies the degree to which the requirements are intended to apply to existing buildings. It restricts its use to where existing buildings are altered, relocated, demolished or damaged, where there is an unsafe condition or where the occupancy is changed.

It is not intended that the requirements be made retroactive to bring existing buildings into full conformance with it. For example, when Article 1.2.5. is invoked to correct an unsafe condition, it is intended to apply only to the correction of the unsafe condition and not as a means of bring- ing the remainder of the building into conformance with the new requirements. Subsection 6.3 specifically protects the owner in this regard.

Subsection 1.3 Exempts farm buildings other than residences, attached garages and carports. Thus, such buildings as barns, sheds o r detached garages o n farms are not covered.

The design and construction of communication aerials and towers fall under the jurisdiction of the Federal Government. Nevertheless, the structures supporting the aerials or towers must be

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designed to support the necessary vertical, wind or earthquake loads. It is, therefore, only the re- actions of the loads of forces exerted on the structure by the base of the tower that are the con- cern of the requirements.

The limitation of 10 m2 in building area for an exempted accessory building is intended as a guide to the type of small building that can be exempted from conformance with the requirements. Only 1 accessory building is contemplated, and it is not intended that the requirements should be circumvented when a series or group of such accessory buildings are built on a proper- tY

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Section 3 Prohibitions

Subsection 3.1 This provision recognizes a continuing offense. Penalties can be provided in the enabling legislation for each day an offense is permitted to continue.

Subsection 3.5 Although words such as alteration, occupancy, building and unsafe conditions are defined in Section 2. such words as construction, reconstruction, demolition, removal and relocation appearing here and elsewhere in the requirements are adequately defined in dictionaries and need not be repeated herein.

Subsection 3.6 The appropriate government authority may be federal, provincial or municipal, depending on the nature of the public property.

Subsection 3.7 Control of change of property boundaries applies to either existing buildings or new construction. If a building is built as close to a boundary line as the regulations permit, moving the boundary could reduce the fire separation below that required and thus place the building in contravention of the regulations. If moving the boundary would create no contravention, this Subsection would not apply.

Where a contravention would be caused by moving a boundary line, it may be possible to maintain the required fire separation by changing the construction of the wall facing the boundary, so that the required combination of distance and construction separation is provided. This might be done, for example, by reducing or eliminating ,the number of openings in the wall. If such construction is undertaken, a permit must be obtained.

Section 4 Responsibilities of the Owner

Subsection 4.5 This requires the owner to inform the authority having jurisdiction of changes in responsibilities of certain employees. It is not intended to limit the owner's right to change his constructor, engineer, architect or inspection or testing agency, but rather to let the building official know of such change so that construction will not be held up because of any misunderstand- ing as to who is responsible.

Subsection 4.6 This notice of intent to do work that will require inspection is really a protec- tion to the builder himself, so that he need not be subjected to a stop work order later or be required to uncover work already completed to pennit inspection.

Subsection 4.7.(b) If the authority having jurisdiction has issued an occupancy permit to allow partial occupancy of the building before the work has been completed in accordance with Subsection 7.12, the owner is required to notify the authority having jurisdiction before he makes use of the permit, so that the designated official can assure that no unsafe condition exists.

Subsection 4.10 The owner must provide an up-to-date survey when and as required by the authority having jurisdiction. The intent of the requirement is to demonstrate to the satisfaction of the designated official that the building is properly located with respect to setback lines, sepa- rations and locations. The latest registered survey may be adequate for this purpose.

On the other hand, such survey may so describe the property that it is impossible to determine whether or not the requirements have been followed without rerunning lines and relocating or resetting corners. Depending on the circumstances, the authority having jurisdiction may require posting to show monuments (stakes, hubs, pins, or other satisfactory markers) that can be related to points on the plan or survey.

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It may be that such corners can be related to an existing landmark, such as the former foundation, in which case further surveying is unnecessary. The authority having jurisdiction will have to exercise judgment in his requirements for survey, bearing in mind that the sole intent is to assure that the provisions of the requirements with respect to building location are followed.

Subsection 4.11 The requirement to uncover and replace work will normally apply only if Subsection 4.6 has not been complied with, that is if work requiring inspection has been covered prematurely. Complete uncovering may not be necessary. Here again the judgment of the'designated official is required to determine if partial uncovering, test holes o r similar actions will be sufficient to indicate compliance, the purpose being to assure compliance not to penalize the constructor.

Subsection 4.14 An occupancy permit may also be required for a temporary occupancy.

Subsection 4.16 A letter from the owner certifying compliance may not always be required

by the authority having jurisdiction, but this Subsection requires the owner to provide it if the authority having jurisdiction believes it is needed to verify that the owner has fulfilled his responsibilities.

Subsection 4.17 Nothing relieves the owner of his responsibilities, whatever contractual arrangements he may have made with the constructor. If he delegates to the constructor the responsibility of carrying out construction in accordance with the requirements, the constructor would be the owner's agent. These circumstances can not be recognized by the authority having jurisdiction, however, since the authority is not a party to such arrangements.

Section 5 Responsibilities of the Constructor

Even though the constructor may be the owner's agent for some purposes, certain specific responsibilities are his alone.

Subsection 5.2 The constructor is responsible for obtaining approval for undertaking work on

public property (See Subsection 3.6.) from the appropriate government authority, which may be federal, provincial or municipal.

Subsection 5.3 If the constructor goes bankrupt or is unable to continue the job, the owner is responsible. Similarly, if the owner should become unable to carry out his responsibilities because of bankruptcy or other reasons, the constructor is responsible to comply with the requirements so far as safety is concerned, to assure that no unsafe condition is left, and that any work he carries out in the absence of the owner is carried out in compliance with the requirements.

The constructor is not responsible for the completion of the building, nor is he responsible under these requirements for matters that are covered by appearance or maintenance regulations.

Section 6 Responsibilities of the Authority Having Jurisdiction

Subsection 6.2 No time period for the retention of documents is specified, because this de-

pends upon the municipality, upon the provincial enabling legislation and upon any statute of limitations that may apply.

Subsection 6.3 The requirements are not intended to be retroactive, but do apply to an exist-

ing building, subject to Subsection 1.2 and to the powers given in Subsection 7.14. This Subsec- tion is intended to protect the owner against unnecessary or unreasonable upgrading of an existing building.

Subsection 6.5 The designated official must exercise judgment in deciding the extent to

which assistance should be given to applicants for permits. This Subsection protects the official against unreasonable demands.

Section 7 Powers of the Authority Having Jurisdiction

The powers given the authority having jurisdiction are quite broad and must be applied with judgment and restraint.

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Subsection 7.1 Since these draft requirements apply to both new construction and existing buildings, the authority having jurisdiction (i.e. the designated official) has the power to enter any existing building as well as new construction, but only for the purpose of administering or enforcing these requirements.

In other words, if there is reason to believe that unauthorized alterations or a change of occupancy has occurred o r a n unsafe condition exists in respect of fire, structural safety o r health, an inspection may be made. The designated official should be informed of any unsafe conditions found in the course of fire inspections.

Subsection 7.2 Some of these powers should be utilized only in extreme instances. For example, while the designated official may order the removal of a building constructed in contravention of the requirements, there would be no need to utilize this power if that building can be brought into line with the requirements by additional construction. Similarly, if work being undertaken causes an unsafe condition, the need to order cessation of the occupancy would exist only if that condition could not otherwise be rectified.

Subsection 7.3 O n e means by which the authority having jurisdiction may be assured that the construction meets Bylaw requirements is through certification by an independent third party, such as an approved testing o r certification organization.

Subsection 7.4 The authority having jurisdiction is empowered to require from the owner an up-to-date plan of survey. (See Subsection 4.10.) Data on site plans should normally include

- the legal description of the property, lot and block number,

- the outline of the roof overhang,

- indication of any cutting and filling required,

-in respect to sites on sloping ground o r where the natural contour of the land is to be dis- turbed, the relationship between the site and adjacent properties, including streets and lanes, indicated by means of cross sectional drawings,

-the relationship between the proposed building o r structure and other buildings on the same o r adjacent properties, indicating the distances between and the heights of the buildings, and

- services and easements.

Subsection 7.5 The decision to require professional review calls for judgment o n the part of the designated official, as the Subsection does not imply that total supervision is necessary. The extent of general review required depends upon the nature of the project. For example, certain stages or operations may call for inspection o n a continuing basis, while other items may require only a spot check. The extent of the general review to be required must be stated for each case by the authority having jurisdiction preferably at the time of issuing the permit.

Subsection 7.6 Some latitude is given the building official to exercise discretion when it is ob- vious that it is impractical and inequitable to upgrade a complete building for the sake of a rela- tively small alteration. The Subsection should be considered in context with Subsection 1.2, in which it should be noted that when a building is altered or extended, the requirements apply only to those parts directly affected.

For example, a n owner may wish to make a small alteration to an existing warehouse occupancy of large floor area where no unsafe condition o r change of occupancy exists, but which was built in accordance with previous regulations not strictly in conformance with the present regulations. It would be unreasonable in this case to expect the owner to bring the entire warehouse up to the present regulations. This Subsection is intended to give the building official the freedom to exercise good judgment in such situations.

Subsection 7.7 If the authority having jurisdiction issues a permit for a foundation before submission of the plans of the complete building, there is no assurance that a permit will be issued for the superstructure when the plans are submitted later. Such issuance will depend upon, among other things, the adequacy of the foundation. This provision is included to give some freedom to the owner to take his own risks.

Subsection 7.8 A conditional permit may be issued if the additional information required is

of secondary importance such as building services, including heating, ventilating, air condition-

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ing ter or CU- an Dns im- en- be un- xist the .fly,

ing. electrical or plumbing, on which the foundation o r structure is not dependent, or partition- ing which may not be determined until leases have been arranged. This provision also gives the designated official the latitude to exercise good judgment.

Subsection 7.10 It is possible that a permit might be issued in error by the authority having jurisdiction. In such a case this Clause provides that the permit can be revoked. The question of financial responsibility, should the revoking of the permit take place after construction has actually begun, is a civil matter between the owner and the authority having jurisdiction, and is not a matter involving building regulations.

Subsection 7.14 The power to take immediate measures to correct a dangerous situation is intended to be used only in conditions of extreme emergency, and its use should be approached with caution. The authority having jurisdiction would logically call upon the owner first. If for any reason the owner is unable to act o r refuses to act, laying a charge under the Criminal Code will not protect the public against a dangerous situation. It is only when all logical approaches have been exhausted that the designated official should take action himself. He should not take this provision as a blanket approval to act, but should assure himself in advance that there are no conflicting restrictions on his power in other municipal or provincial Acts.

Section 8 Permits and Permit Fees

The building and occupancy permits that are required constitute an essential part of building regulations administration. dis- .nes, ,rt of The rtain quire case IS ob- rela- .2, in apply occu- h was :gula- Ise up om t o ~ e f o r e be is- upon, some ired is lition-

Article 8.1.3. In addition to the building permit authorizing construction, an occupancy per-

mit is required both for the occupancy of a new building and for any change in the occupancy of an existing building. Although applications for both construction and occupancy permits may be combined, the permits themselves are separate.

Article 8.2.3. Applications for permits must be complete and properly filed. If an application

is not proceeded with for 6 months, it must be considered abandoned and can be reinstated only by re-filing.

Subsection 8.3 Approval for part of a building is intended for major projects the complete plans of which are usually not ready at the same time.

Subsection 8.5 If a permit has expired, a new one must be obtained before work may be re- sumed. This may mean simply reissue of the original permit, but it must be applied for as a new permit.

Subsection 8.6 Permit fees may be established by provincial legislation, by resolution o r by a Bylaw of the municipal authority. They are not specified directly in a model building Bylaw because they vary greatly among jurisdictions.

Subsection 8.7 Temporary buildings may be erected for a number of legitimate purposes, including temporary storage or office buildings on job sites o r adjacent to job sites for major construction, shelters to house plants during the spring season in shopping centres, o r even a temporary office building for an owner who is waiting for favourable weather conditions for a permanent structure. When a permit for a temporary building is extended, the extension permit must also be posted. Indefinite extensions are not intended, as this would provide an opportunity for permanent substandard construction.

Section 11 Board of Appeal

Provision has been made in these requirements for a Board of Appeal to be established by the authority having jurisdiction (adopting governmental body) in cases where such a Board is not provided at the Provincial level. The introductory clause, Subsection 11.1, would make this Sec- tion invalid if provincial legislation provides for such a Board. Provincial legislation providing for regional Boards is considered to be the most desirable means of establishing a Board of Appeal, both to provide uniformity and because smaller municipalities would often be unable to assem- ble an appropriate Board.

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The Board of Appeal becomes especially important in view of the increased discretionary powers granted to the authority having jurisdiction. There should be an opportunity for the owner to appeal decisions of the authority having jurisdiction. Similarly, the authority having jurisdiction should have an opportunity to place unusual problems before a competent appeal board.

For example, a Board of Appeal could authorize experimental construction in individual cases, making it unnecessary to have special provisions for experimental building construction within the regulations themselves. In addition, a Board of Appeal could assist the designated official in assessing the acceptability of minor variations from the regulations, where the contemplated construction fulfils the intent but not the letter of the regulations, and where the requirement of strict conformance would be unreasonable or of little consequence.

The Board of Appeal could be authorized to render judgments on the extent to which buildings of historic or architectural importance should be required to conform with the regulations. Such heritage buildings may be designated by the authority having jurisdiction and be officially listed by federal, provincial, regional or municipal governments.

The safeguards described in the operational procedures for the Board of Appeal are intended to be fair to all concerned. The times allowed for filing an appeal, for hearing an appeal and for communicating decisions, are intended to be reasonable under all circumstances. In many instances these times could be greatly shortened to expedite the building process.

The authority having jurisdiction may find it necessary to establish means of recouping the costs of processing appeals. Some jurisdictions apply a modest filing fee as a deterrent to petty appeals.

An appeal does not constitute an excuse for not conforming to the requirements of the Regu- lations while it is being heard.

Administrative Requirements for Use with the National Building Code: 1980

iii

TABLE OF CONTENTS

Page

Preface

...

...

Section 1

Scope

...

Section 2

Definitions

...

Section 3

Prohibitions

...

Section 4

Responsibilities of the Owner

...

Section 5

Responsibilities of the Constructor

Section 6

Responsibilities of the Authority Having Jurisdiction

...

...

Section

7

Powers of the Authority Having Jurisdiction

...

Section 8

Permits and Permit Fees

...

Section 9

Inspection

...

Section 10

Climatic Data

...

Section 11

Board of Appeal

...

Section 12

Effective Date