Administrative Requirements for Use with the National Building Code: 1985

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Section 1 Scope and Definitions 1

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Section 2 General 1

Section 3 Permits and Permit Fees

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2 Section 4 Responsibilities and Obligations

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Section 5 Appeals 9

Section 6 Effective Date

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9 Appendix Explanatory Material

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SECTION 1 SCOPE AND DEFINITIONS

SUBSECTION 1.1 SCOPE

(See Appendix .)

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 1985 shall apply to all work falling within the jurisdiction of these regulations.

1.1.3. Any construction or condition that lawfully existed within the area of jurisdiction prior to the effective date of these requirements need not conform to these requirements provided that such construction or condition does not constitute an unsafe condition.

SUBSECTION 1.2 DEFINITIONS

1.2.1. The words and terms in italics in these requirements shall have the meanings prescribed in the National Building Code of Canada 1985.

1.2.2. Definitions of words and phrases used in these requirements that are not specifically defined in the National Building Code of Canada 1985 shall have the meanings which are commonly assigned to them in the context in which they are used in these requirements, taking into account the specialized use of terms within the various trades and professions to which the terminology applies.

SECTION 2 GENERAL

SUBSECTION 2.1 APPLICATION

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

2.1.2. These requirements apply where the whole or any part of a building is relocated either within or into the municipality.

2.1.3. When the whole or any part of a building is demolished, these requirements apply to the work involved in the demolition and to the work required to any parts remaining after demolition to the extent that deficiencies remaining after demolition are corrected.

2.1.4. 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 1985, apply to the work necessary to reconstruct damaged portions of the building.

2.1.5. When an unsafe condition exists in or about a building, 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 1985, shall apply to the work necessary to correct the unsafe condition.

2.1.6. When the occupancy of a building or any part thereof is changed, these requirements apply to all parts of the building affected by the change.

SUBSECTION 2.2 EXEMPTIONS

2.2.1.(1) These requirements do not apply to

(a) sewage, water, electrical, telephone, rail or similar system located on a street or a public transit right of way,

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(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, and

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

create a hazard. (See Appendix .)

SUBSECTION 2.3 BUILDING INSPECTION OR REVIEW

2.3.1. The person responsible for the inspection or review of the work shall, upon request, make copies of all inspection or review reports available to the authority having jurisdiction.

2.3.2. The person responsible.for the foundation review shall prepare and sign a report of each review and send it to the authority having jurisdiction as soon as practicable.

2.3.3. 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.

SUBSECTION 2.4 INSPECTION AND TESTING OF PLUMBING SYSTEMS 2.4.1. Where a plumbing permit is required, the system shall not be put into use until it has been inspected and tested to the satisfaction of the authority having jurisdiction.

2.4.2. The plumbing contractor shall notify the authority having jurisdiction when the work is complete and ready to be inspected or tested.

2.4.3. The plumbing contractor shall furnish any equipment, material, power or labour that is necessary for inspection or testing.

2.4.4. If any part of aplumbing system is covered before it has been inspected and accepted by the authority having jurisdiction, it shall be uncovered if the authority having jurisdiction so directs.

2.4.5. If any part of a plumbing system is not accepted by the authority having jurisdiction after it has been inspected or tested, the owner or plumbing contractor shall make any alteration or replacement that is necessary, and the work shall be subjected to further inspection or testing.

2.4.6. The authority having jurisdiction may inspect an existingplumbing system and, where there is reason to suspect that the system is not satisfactory, order it to be tested.

2.4.7. If any part of the system has become or is in a condition that it may become dangerous or injurious to health, the owner shall make any alteration or replacement ordered in writing by the authority having jurisdiction.

2.4.8. When a plumbing system has been completed and has been accepted by the authority having jurisdiction, the authority having jurisdiction, when requested, shall issue a certificate of approval to the owner and to the plumbing contractor.

SECTION 3 PERMITS AND PERMIT FEES

SUBSECTION 3.1 PERMITS

3.1.1. For the purposes of this Section, a permit means an authorization in writing by the authority having jurisdiction to perform work regulated by these requirements and, in the case of an occupancy permit, to occupy any building or part thereof.

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

3.1.3. In addition to the permits required in Article 3.1.2., with respect to building compo- nents and services, other permits may be required by the authority having jurisdiction. 3.1.4.(1) 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. (See Appendix. )

3.1.5.(1) Except as provided in Sentence (2), a plumbing system shall not be constructed, extended, altered, renewed or repaired or a connection made to a sewer unless a plumbing permit to do so has been obtained.

(2) A plumbing permit is not required when a valve, faucet,&ture or service water heater is repaired or replaced, a stoppage cleared or a leak repaired if no change to the piping is required. (3) A permit shall be issued to a home owner to do work on a dwelling unit only when it is owned and occupied by him or is about to be occupied by him, or to a plumbing contractor who meets the qualifications that are prescribed by the authority having jurisdiction.

3.1.6. Permit fees and all procedures and conditions applicable thereto shall be as established by the authority having jurisdiction. (See Appendix .)

3.1.7. When an occupancy permit is issued for a tent or air-supported structure, it shall be subject to renewal every 12 months.

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SUBSECTION 3.2 APPLICATION FOR PERMIT

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3.2.1. To obtain a permit the owner shall file an application in writing on a prescribed form. 3.2.2.(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 identifl and locate the building lot,

(c) include plans and specifications, 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. (See Appendix. )

3.2.3. When an application for a permit has not been completed in conformance with the requirements of the authority having jurisdiction within 6 months after the date of filing, the application may be deemed to have been abandoned. (See Appendix.)

3.2.4.(1) A permit shall expire and the right of an owner under the permit shall terminate if (a) the work authorized by the permit is not commenced within 6 months from the date of

issue of the permit and actively carried out thereafter, or (b) work is suspended for a period of 6 months.

3.2.5. Any revision to the original application described in Article 3.2.2. shall be made in the same manner as for the original permit.

SUBSECTION 3.3 APPROVAL IN PART

(See Appendix .)

3.3.1. 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

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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.

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

SUBSECTION 3.4 PERMIT FOR A TEMPORARY BUILDING

(See Appendix. )

3.4.1. 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.

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

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

3.4.4. A permit for a temporary building shall be posted on the building.

SECTION 4 RESPONSIBILITIES AND OBLIGATIONS

SUBSECTION 4.1 GENERAL RESPONSIBILITIES

4.1.1. Any person who fails to comply with any order or notice issued by the authority having jurisdiction, or who allows a violation of these requirements to continue, contravenes the

provisions of these requirements. (See Appendix.)

4.1.2. No person shall work or authorize or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done.

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

4.1.4. 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 jurisdiction.

4.1.5. No person having authority in the construction, reconstruction, demolition, alteration, removal, relocation or occupancy of a building shall cause, allow or maintain any unsafe condition. (See Appendix. )

4.1.6. No person shall excavate or undertake work on, over or under public property, or erect or place any construction or work or store any materials thereon without approval having first been obtained in writing from the appropriate government authority. (See Appendix.)

4.1.7. No person shall allow the ground elevations or the property boundaries of a building lot to be changed so as to place a building, or part thereof, in contravention of these requirements, unless the building, or part thereof, is so altered, after obtaining the necessary permit, that no contravention will occur as a result of the change of the property boundary or grades. (See Appendix. )

4.1.8. Any person who knowingly submits false or misleading information contravenes these requirements. Copyright © NRC 1941 - 2019 World Rights Reserved © CNRC 1941-2019 Droits réservés pour tous pays

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SUBSECTION 4.2 OBLIGATIONS OF OWNER

4.2.1. Every owner shall allow the authority having jurisdiction to enter any building or premises at any reasonable time for the purpose of administering and enforcing these requirements.

4.2.2. Every owner shall obtain all required permits or approvals prior to commencing the work to which they relate.

4.2.3. Every owner shall ensure that the plans and specifications on which the issue of the building permit was based are available 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.

4.2.4. Every owner shall give notice to the authority having jurisdiction of the dates on which he intends to begin work prior to commencing work on the building site.

4.2.5.(1) Every owner shall, prior to commencing the work, give notice in writing to the

authority having jurisdiction of

(a) the name, address and telephone number of

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

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

(b) any change in or termination of employment of such persons during the course of the construction as soon as such change or termination occurs.

(See Appendix .)

4.2.6.(1) Every owner shall give notice to the authority having jurisdiction

(a) of intent to do work that has been ordered to be inspected during construction, (b) of intent to cover work that has been ordered to be inspected prior to covering, and (c) when work has been completed so that a final inspection can be made.

(See Appendix.)

4.2.7.(1) Every owner shall give notice in writing to the authority having jurisdiction (a) as soon as any change in ownership or change in the address of the owner occurs prior

to the issuance of an occupancy permit, and

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

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

4.2.9. Every owner shall make, or have made at his own expense, the tests or inspections 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.

4.2.10. Every owner shall provide an up-to-date survey of the building site when and as required by the authority having jurisdiction. (See Appendix.)

4.2.11. When required by the authority having jurisdiction, every owner shall uncover and replace at his own expense any work that has been covered contrary to an order issued by the above authority. (See Appendix.)

4.2.12. 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.

4.2.13.(1) Every owner shall obtain an occupancy permit from the authority having jurisdic-

tion prior to any

(a) occupancy of a building or part thereof after construction, partial demolition or

alteration of that building, or

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

4.2.14. Should occupancy occur prior to the completion of any work being undertaken that requires a permit, every owner shall ensure that no unsafe condition exists or will exist because of the work being undertaken or not completed.

4.2.15. When required by the authority having jurisdiction, every owner shall provide a letter to certify compliance with these requirements and with any required permits. (See Appendix. )

4.2.16. The granting of a permit, the approval of the drawings and specifications or inspec- tions 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 it carried out in accordance with these requirements, including ensuring that the occupancy of the building, or any part thereof, is in accordance with the terms of the occupancy permit. (See Appendix.)

4.2.17. 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.

4.2.18.(1) Every owner who undertakes to construct or have constructed a building within the scope of Part 4 of the National Building Code of Canada 1985 shall ensure that an architect, professional engineer or both are retained to undertake

(a) the design of the building, and

(b) a general review to determine compliance with the design during construction.

4.2.19. Where the dimensions of a structural component are not provided in Part 9 of the National Building Code of Canada 1985 for use in a building within the scope of that part, and such dimensions are to be determined on the basis of calculation, testing or other means of evaluation, the owner shall

(a) retain the services of a designer competent to undertake such work, or

(b) provide evidence to show that the member size has been determined in conformance with engineering practice accepted by the authority having jurisdiction where the nature or complexity of the work does not warrant retaining the services of a designer.

SUBSECTION 4.3 OBLIGATIONS OF CONSTRUCTOR

(See Appendix. )

4.3.1. Every constructor shall ensure that all construction safety requirements are complied with.

4.3.2. 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 having first been obtained in writing from the appropriate government authority. (See Appendix. )

4.3.3. Every constructor is responsible jointly and severally with the owner for any work actually undertaken. (See Appendix .)

SUBSECTION 4.4 OBLIGATION OF AUTHORITY HAVING JURISDICTION

4.4.1. The authority having jurisdiction is responsible for the administration and enforce- ment of these requirements.

4.4.2. The authority having jurisdiction shall keep copies of all applications received, 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 is required by law. (See Appendix. )

4.4.3. 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.

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4.4.4. The authority having jurisdiction shall answer such relevant questions as may be reasonable wi,th respect to the provisions of these requirements when requested to do so, but shall refrain from assisting in the laying out of any work and from acting in the capacity of an engineering or achitectural consultant. (See Appendix.)

4.4.5. 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.

SUBSECTION 4.5 POWERS OF AUTHORITY HAVING JURISDICTION

(See Appendix .)

4.5.1. The authority having jurisdiction may enter any building or premises at any reasonable time for the purpose of administering or enforcing these requirements, or if there is reason to believe an unsafe condition exists. (See Appendix.)

4.5.2.(1) 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 contravention 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 requirements,

(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 undertaken or not completed, and

(g) correction of any unsafe condition. (See Appendix .)

4.5.3. The authority having jurisdiction may direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, equipment, device, construction or

foundation condition meets these requirements. (See Appendix .)

4.5.4.(1) The authority having jurisdiction may require any owner to submit, in addition to the information required in Clause 3.2.2.(1)(c), an up-to-date plan or 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 the requirements related to this information will be complied with, and

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

(See Appendix .)

4.5.5.(1) Where the site conditions, the size or complexity of a building, part of a building or

building component warrant, the authority having jurisdiction may require

(a) appropriate plans, specifications and related documents to bear the seal or stamp of an architect or engineer, and

(b) the work be reviewed during construction by the designer or other competent person. (See Appendix .)

4.5.6. The authority having jurisdiction may issue a permit at the risk of the owner with, if necessary, conditions to ensure compliance with these requirements and any other applicable regulations, to excavate or to construct a portion of a building before all the plans of the project have been submitted or accepted by the authority having jurisdiction. (See Appendix.) 4.5.7. The authority having jurisdiction may issue a permit for the whole project conditional upon the submission, prior to commencing work thereon, of additional information not

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available at the time of issue, if such information is of secondary importance and is of such a nature that the withholding of the permit until its availability would delay the work unreasona- bly. (See Appendix .)

4.5.8.(1) 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.

4.5.9.(1) The authority having jurisdiction may revoke a permit if, after written notice is given to the permit holder

(a) there is 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. (See Appendix. )

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

4.5.11. The authority having jurisdiction may issue an occupancy permit, subject to com- pliance 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.

4.5.12.(1) When any building, construction or excavation or part thereof is in an unsafe

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. 4.5.13. 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. (See Appendix.)

4.5.14. 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.

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

4.5.16. The authority having jurisdiction shall provide .the reasons for refusal to grant a permit, when requested to do so.

4.5.17.(1) 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 his 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.

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SECTION 5 APPEALS

SUBSECTION 5.1 GENERAL

5.1.1. Appeal procedures regarding decisions by the authority having jurisdiction shall be in

accordance with provincial law. (See Appendix. )

SECTION 6 EFFECTIVE DATE

SUBSECTION 6.1 GENERAL

6.1.1. These requirements shall come into effect when proclaimed by the authority having jurisdiction.

6.1.2. Any person who carries out work under the terms of these requirements after their

adoption but before their effective date may do so provided such work complies with the requirements in every detail.

6.1.3. These requirements or any amendments to them shall not affect the rights of an owner

under a permit issued prim to the effective date of these requirements or such amendments provided the owner has commenced work within 6 months of the date of issue of the permit and has actively carried out work thereafter.

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APPENDIX

EXPLANATORY MATERIAL

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APPENDIX

This appendix does not form part of the Administrative Requirements for Use with the National Building Code 1985. It is included for explanatory purposes only.

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 uniform approach to Code adoption, the Associate Committee has published these Admin- istative Requirements for Use with the National Building Code 1985 as a separate document for use by provincial or municipal authorities.

GENERAL ORGANIZATION AND ARRANGEMENT

Some sections of these requirements will be found to be repetitious, owing to the comple- mentary nature of the responsibilities of the persons involved. Subsection 4.1 (General Respon- sibilities) contains those matters that apply to all persons. Following that are the obligations of the owner, of the constructor and of the authority having jurisdiction. This is followed by the powers of the authority having jurisdiction. Thus, the responsibilities of each party to the building process appear together.

For example, Article 4.1.2. prohibits anyone from building without a permit. Article 4.2.2. requires the owner to obtain a permit. Article 4.4.5. requires the authority having jurisdiction to issue a permit when the appropriate requirements are met. Articles 4.5.6. and 4..5.7. empower the authority having jurisdiction to issue permits under certain special conditions. Sentence 4.5.8.(1) empowers the authority having jurisdiction to refuse to issue a permit under some conditions, and Sentence 4.. 5.9.(1) empowers him to revoke a permit for cause.

The arrangement of the sections was considered to be the most logical. It should be emphasized, however, that none of the sections, wi,th the exception of Section 5 (Appeals) and Section 6 (Effective Date), should be deleted, since all the remaining sections are interdepen- dent. Sections 1 to 4, inclusive, should be taken as a whole, with all sections taken in context. It should be noted that penalties have not been included, because in most cases they form part of related provincial legislation. Nor have special provisions been made for experimental buildings. Where such buildings fall clearly within the requirements, they pose no problem. Where they do not, however, their acceptability is left to the authority having jurisdiction to determine.

While many of ,the administrative clauses need no further explanation, there are a number of others that deserve some discussion as noted below.

SECTION 1 SCOPE AND DEFINITIONS

Subsection 1.1 This Subsection clarifies how the requirements are intended to apply to

existing buildings. It restricts their use to cases 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. For example, when Article 2.1.5. 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 bringing the remainder of the building into conformance with the new requirements.

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SECTION 2 GENERAL lith the cessary In other with no e m i t a Admin- nent for :ample- kspon- tions of 1 by the to the : 4.2.2. ction to mpower entence :r some ~ u l d be als) and rdepen- zontext. )rm part ~imental roblem

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ction to ~ P P ~ Y to located, hanged. ngs into iition, it )ringing

Subsection 2.2 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 designed to support the necessary vertical, wind or earthquake loads.

It is, therefore, only the reactions of the loads of forces exerted on the structure by the base of the tower that are the concern of these 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 'these 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 property.

SECTION 3 PERMITS AND PERMIT FEES

Article 3.1.4. In addition to the building permit authorizing construction, an occupancy permit 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 3.1.6. Permit feds may be established by provincial legislation, by resolution or by a bylaw of the municipal authority. They are not specified directly in a model building bylaw because they vary greatly from one jurisdiction to another.

Article 3.2.2. In addition to the information required by this provision, further information is required by Subsection 2.3.4., Structural and Foundation Drawings and Calculations, and Subsection 2.3.5., Heating, Ventilating and Air-Conditioning Drawings and Specifications, of the National Building Code of Canada 1985 and by Subsection 1.8, Plumbing Drawings and Related Documents, of the Canadian Plumbing Code 1985.

Article 3.2.3. 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 only be reinstated by re-filing.

Subsection 3.3 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 3.4 Temporary buildings may be erected for a number of legitimate purposes, including temporary storage or office buildings on or adjacent to job sites for major construction, shelters to house plants during the spring season in shopping centres, or even a temporary office building for an owner who is waiting for favourable weather conditions for completion of 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 4 RESPONSIBILITIES AND OBLIGATIONS

Article 4.1.1. This provision recognizes a continuing offense. Penalties for each day an offense is permitted to continue can be provided in the enabling legislation.

Article 4.1.5. Although words such as alteration, occupancy, building and unsafe conditions are defined in the National Building Code of Canada 1985, 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 here.

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Article 4.1.6. The appropriate government authority may be federal, provincial or municipal, depending on the nature of the public property.

Article 4.1.7. 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.

SUBSECTION 4.2. OBLIGATIONS OF OWNER

Sentence 4.2.5.(1) This Sentence requires the owner to inform the authority having jurisdiction of changes in the 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 any such change so that construction will not be held up because of any misunderstanding as to who is responsible.

Sentence 4.2.6.(1) This notice of intent to do work that will require inspection is really a protection 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 permit inspection.

Clause 4.2.7.(1)(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 Article 4.5.11, 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.

Article 4.2.9. Where a manufacturer, fabricator or erector is required to conform to specified requirements, such as those referenced by Articles 4.3.1.2. and 4.3.3.1. of the National Building Code of Canada 1985, it is intended that proof of such compliance be filed with the authority having jurisdiction.

Article 4.2.10. The owner must provide an up-to-date survey when and as required by the authority having jurisdiction. The intent of this requirement is to demonstrate to the satisfaction of the designated official that the building is properly located with respect to setback lines, separations 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.

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.

Article 4.2.11. The requirement to uncover and replace work will normally apply only if Sentence 4.2.6.(1) has not been complied with, that is if work requiring inspection has been covered prematurely. Complete uncovering, however, may not be necessary. Here again the judgment of the designated official is required to determine if partial uncovering, test holes or similar actions will be sufficient to indicate compliance, the purpose being to assure compliance not to penalize the constructor.

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ngs or ermi t, ze the 1 con- ble to lg the vided. : wall. risdic- wner's ther to :cause mit to e with makes exists. zcified ktional ith the by the 'action lines, Ise. :mine ~ i n g or n may lat can former jiction : intent lowed. ~ n l y if s been kin the 3les or diance

Sentence 4.2.13.(1) An occupancy permit may also be required for a temporary occupancy.

Article 4.2.15. 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 one if the authority having jurisdiction believes it is needed to verify that the owner has fulfilled his responsibilities.

Article 4.2.16. Nothing relieves the owner of his responsibilities, whatever contractural 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 cannot be recognized by the authority having jurisdiction, however, since the authority is not a party to such arrangements.

SUBSECTION 4.3 OBLIGATIONS OF CONSTRUCTOR

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

Article 4.3.2. The constructor is responsible for obtaining approval for undertaking work on public property (See Article 4.1.6.) from the appropriate government authority, which may be federal, provincial or rpunicipal.

4.3.3. If the constructor goes bankrupt or is unable to continue the job, the owner is responsible. Similarly, if the owner should become unable to cany out his responsibilities because of bankruptcy or other reasons, the constructor is responsible for complying with the requirements so far as safety is concerned. He must assure that no unsafe condition is left and that any work he carries out in the absence of the owner complies 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.

SUBSECTION 4.4 OBLIGATION OF AUTHORITY HAVING JURISDICTION Article 4.4.2. No time period for the retention of documents is specified, because this depends upon the municipality, upon the provincial enabling legislation and upon any statute of limitations that may apply.

Article 4.4.4. 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.

SUBSECTION 4.5 POWERS OF AUTHORITY HAVING JURISDICTION

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

Article 4.5.1. 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 or an unsafe condition exists in respect of fire, structural safety or health, an inspection may be made. The designated official should be informed of any unsafe conditions found in the course of fire inspections.

Sentence 4.5.2.(1) 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

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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.

Article 4.5.3. One way 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 or certification organization.

Sentence 4.5.4.(1) The authority having jurisdiction is empowered to require from the owner an up-to-date plan or survey. (See Article 4.2.10.) 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 or where the natural contour of the land is to be disturbed, 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 or structure and other buildings on the same or adjacent properties, indicating the distances between and the heights of the buildings, and

- services and easements.

Article 4.5.5. The decision to require professional review calls for judgment on the part of the designated official, as the Article 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 on 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.

Article 4.5.6. 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 issue 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.

Article 4.5.7. A conditional permit may be issued if the additional information required is of

secondary importance and the foundation or structure is not dependent on it. Information of this type might pertain to building services, such as heating, ventilating, air-conditioning, electrical or plumbing or to partitioning which may not be determined until leases have been arranged, This provision also gives the designated official the latitude to exercise good judgment.

Article 4.5.9. It is possible that a permit might be issued in error by the authority having jurisdiction. In such a case this Article provides that the permit can be revoked. The question of

financial responsibility, should revocation 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.

Article 4.5.13. The power to take immediate measures to correct a dangerous situation is intended to be used only under 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 or 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.

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work lanc y lt the ,arty, lwner clude to be :s and In the )f the of the Znt of ;es or ~nly a ly the lefore ill be lpon, some I is of ~f this trical ~ g e d . ~ving on of 1, is a latter w ner ninal gical f. He SECTION 5 APPEALS

Where permitted under provincial legislation, a board of appeal may be created to review contested decisions of the authority having jurisdiction.

Such a board should operate under a formal constitution and terms of reference. The constitution should describe the number of persons on the board, the maximum period of mem- bership, the officers of the board (e.g. Chairman, Vice-Chairman, Secretary), their duties and responsibilities, voting procedures, the conditions for a quorum and voting rights. Normally, the Secretary has no voting privileges and is responsible for maintaining board records, correspon- dence and recording the minutes.

Appeal boards hear appeals from the decisions of authorities having jurisdiction and are given the power to confirm, alter or reject such decisions, based on the board's understanding of the intent of the National Building Code requirements. These decisions may be as a result of the rejection of an application for a permit, the revoking of a permit or any other reason that a person believes himself to be unfairly affected by the decision of an authority having jurisdiction. The appeal request should be filed with the Secretary of the board in sufficient detail to allow the board to consider properly the appeal, setting out the subject matter, the affected Code requirements and the building address.

The board should meet as often as is necessary to complete its work expeditiously and should notify the appellant of its decision within 2 days of the decision. To enhance the flow of information, both the affected building official and the appellant, or their representatives, should be permitted to give oral representations to the board.

The decision of the appeal board is not normally subject to further appeal except through court action. Its decisions should be communicated in writing to the appellant. During the appeal process, however, the authority having jurisdiction should not be precluded from enforcing the Code provisions on which the appeal is based.

Administrative Requirements for Use with the National Building Code: 1985

TABLE OF CONTENTS

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SECTION 1

SCOPE AND DEFINITIONS

SECTION 2

GENERAL

SECTION 3 PERMITS AND PERMIT FEES

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SECTION 4 RESPONSIBILITIES AND OBLIGATIONS

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SECTION 5 APPEALS

SECTION 6 EFFECTIVE DATE

APPENDIX

EXPLANATORY MATERIAL

APPENDIX

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