O. Reg. 867/21: BUILDING CODE

 

ontario regulation 867/21

made under the

Building Code Act, 1992

Made: December 17, 2021
Filed: December 20, 2021
Published on e-Laws: December 20, 2021
Printed in The Ontario Gazette: January 8, 2022

Amending O. Reg. 332/12

(BUILDING CODE)

1. (1) Subclause 1.4.1.3.(1)(a)(i) of Division A of Ontario Regulation 332/12 is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.

(2) Subclause 1.4.1.3.(1)(a)(vi) of Division A of the Regulation is amended by striking out “Environmental Review Tribunal” and substituting “Ontario Land Tribunal”.

(3) Subclause 1.4.1.3.(1)(a)(xx) of Division A of the Regulation is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.

(4) Subclause 1.4.1.3.(1)(b)(vii) of Division A of the Regulation is revoked and the following substituted:

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

2. (1) Clause 1.3.1.5.(1)(b) of Division C of the Regulation is amended by striking out “Environmental Review Tribunal” and substituting “Ontario Land Tribunal”.

(2) Clause 1.3.1.5.(1)(d) of Division C of the Regulation is revoked and the following substituted:

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

3. Article 1.3.5.3. of Division C of the Regulation is amended by adding the following Sentence:

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

4. Part 1 of Division C of the Regulation is amended by adding the following Section:

1.11. Tiny Houses

1.11.1. Tiny Houses Constructed Off-Site

1.11.1.1. Scope

(1) This Section applies to houses that,

(a)  have not more than one dwelling unit,

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

(c)  are to be,

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

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

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

1.11.1.2. Permits

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

(a)  either,

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

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

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

(2) For a permit applicant to be exempt from the provisions described in Sentence (1), the following conditions must be satisfied:

1.  If the site the house is intended to be installed on is known by the permit applicant,

i.  the permit application must state the address or location of the site,

ii.  the permit application must include such information about the anticipated site installation that is necessary to design the house, and

iii.  the proposed construction must comply with the location-dependent requirements of this Code that are applicable to a house that is constructed at that address or location.

2.  If the site the house is intended to be installed on is not known by the permit applicant,

i.  the permit application must include a declaration of assumptions related to the location of the house that have been used in the design of the house,

ii.  the permit application must include such information about the anticipated site installation that is necessary to design the house, and

iii.  the proposed construction must comply with the location-dependent requirements of this Code that are applicable to a house that is constructed at a location that has the characteristics set out in the declaration.

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

(4) An applicant for a permit described in Sentence (1) shall provide the following to a purchaser of a house constructed in accordance with a permit described in Sentence (1):

1.  all plans, specifications, documents and other information submitted or received by the person described in Sentence (1) in respect of the permit described in Sentence (1), including any as-constructed plans and any declaration of assumptions described in subparagraph 2 i of Sentence (2), and

2.  all letters of compliance described in Sentence 1.11.1.3.(3) and all documents and other information received by the person described in Sentence (1) in respect of all inspections completed by an inspector or registered code agency, as the case may be.

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

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

(a)  demonstrates the proposed construction complies with the applicable provisions described in Clauses (1) (a) and (b),

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

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

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

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

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

1.11.1.3. Inspections

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

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

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

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

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

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

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

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

Commencement

5. This Regulation comes into force on the later of January 1, 2022 and the day it is filed.

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: December 17, 2021