O. Reg. 305/03: BUILDING CODE

filed July 25, 2003 under Building Code Act, 1992, S.O. 1992, c. 23

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ontario Regulation 305/03

made under the

Building code act, 1992

Made: July 24, 2003
Filed: July 25, 2003
Printed in The Ontario Gazette: August 9, 2003

Amending O. Reg. 403/97

(Building Code)

1. (1) The two definitions of “Applicable law” in Sentence 1.1.3.2.(1) of Ontario Regulation 403/97 are revoked.

(2) Sentence 1.1.3.2.(1) of the Regulation is amended by adding the following definitions:

Building Code website means the website at www.obc.mah.gov.on.ca.

Design activities means the activities described in Subsection 15.11 (5) of the Act.

Principal authority means,

(a) the Crown,

(b) the council of a municipality,

(d) a board of health that has been prescribed for the purposes of Subsection 3.1 (1) of the Act or that has entered into an agreement under Subsection 32 (2) or 32.1 (2) of the Act,

(e) a planning board that has been prescribed for the purposes of Subsection 3.1 (1) of the Act,

(f) a conservation authority that has been prescribed for the purposes of Subsection 3.1 (1) of the Act or that has entered into an agreement under Subsection 32.1 (2) of the Act.

Registered code agency means a person or entity that has the qualifications and meets the requirements described in Subsection 15.11 (4) of the Act.

Tribunal means the License Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999.

(3) Sentence 1.1.3.2.(1) of the Regulation is amended by adding the following definition:

Certificate for the occupancy of a building not fully completed means a certificate described in Sentence 2.22.5.3.(5).

(4) The definitions of “Principal authority” and “Registered code agency” in Sentence 1.1.3.2.(1) of the Regulation are revoked.

2. The Regulation is amended by adding the following Article:

1.1.3.3. Applicable Law

(1) For the purposes of Section 8 of the Act, applicable law means:

(a) the statutory requirements in the following provisions with respect to the following matters:

(i) Section 2 of the Cemeteries Act (Revised) with respect to the consent to the establishment, alteration or increase in capacity of a crematorium,

(ii) Section 5 of the Charitable Institutions Act, with respect to the approval by the Minister of the site and plans for a new building or an addition to an existing building used or to be used as a charitable institution,

(iii) Section 5 of Regulation 262 of the Revised Regulations of Ontario, 1990, made under the Day Nurseries Act, with respect to the approval of plans for a new building to be erected or an existing building to be used, altered or renovated for use as a day nursery or for alterations or renovations to be made to premises used by a day nursery,

(iv) Subsection 9 (1) of Regulation 263 of the Revised Regulations of Ontario, 1990, made under the Dead Animal Disposal Act, with respect to the construction of premises for use as a receiving or rendering plant,

(v) Section 194 of the Education Act, with respect to the approval of the Minister for the demolition of a building,

(vi) Section 195 of the Education Act with respect to the approval of the Minister for the erection of a school building and for the making of an addition, alteration or improvement to a school building,

(vii) Section 197 of the Education Act with respect to the approval of the Minister for the erection, addition to or alteration of buildings on a school site,

(viii) Section 6 of Regulation 314 of the Revised Regulations of Ontario, 1990, made under the Elderly Persons Centres Act, with respect to the approval of the Minister for the construction of a building project,

(ix) Section 5 of the Environmental Assessment Act with respect to the approval of the Minister or the Environmental Review Tribunal to proceed with an undertaking,

(x) Section 9 of the Environmental Protection Act with respect to the certificate of approval for the construction, alteration, extension or replacement of a structure that may discharge a contaminant or from which a contaminant may be discharged,

(xi) Section 46 of the Environmental Protection Act with respect to the approval of the Minister to use land or land covered by water that has been used for the disposal of waste,

(xii) Section 9 of Regulation 469 of the Revised Regulations of Ontario, 1990, made under the Funeral Directors and Establishments Act, with respect to the provision to the Registrar of architectural plans or drawings of the proposed construction or alteration of a funeral establishment,

(xiii) Section 14 of the Homes for the Aged and Rest Homes Act with respect to the approval of the Minister for the erection or alteration of a building for use as a home or a joint home,

(xiv) Section 14 of the Milk Act with respect to the permit from the Director for the construction or alteration of any building intended for use as a plant,

(xv) Section 4 of Regulation 832 of the Revised Regulations of Ontario, 1990, made under the Nursing Homes Act, with respect to the provision to the Director of plans and specifications and such information and other material as may be required by the Director in respect of the construction, alteration, addition to or renovation of a nursing home or conversion of an existing building into a nursing home,

(xvi) Section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property,

(xvii) Section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building,

(xviii) Section 42 of the Ontario Heritage Act with respect to the permit given by the council of a municipality for the erection, alteration or demolition of a building,

(xix) Section 41 of the Planning Act with respect to the approval by the council of the municipality or the Municipal Board of plans and drawings,

(xx) Section 22 of the Private Hospitals Act with respect to the approval of the Minister for the alteration or renovation of a house that is used as a private hospital,

(xxi) Section 4 of the Public Hospitals Act with respect to the approval of the Minister for additional buildings or facilities to be added to a hospital,

(xxii) Section 2 of Ontario Regulation 453/96, made under the Public Lands Act, with respect to the work permit authorizing the construction or placement of a building on public land,

(xxiii) Section 34 or 38 of the Public Transportation and Highway Improvement Act with respect to the permit from the Minister for the placement, erection or alteration of any building or other structure or the use of land,

(b) the following provisions of Acts and regulations:

(i) Sections 28 and 53 of the Development Charges Act, 1997,

(ii) Sections 257.83 and 257.93 of the Education Act,

(iii) Subsection 5 (4) of the Environmental Assessment Act,

(iv) Subsection 133 (4) of the Municipal Act, 2001,

(v) Subsection 24 (3) of the Niagara Escarpment Planning and Development Act,

(vi) Subsections 4 (3) and (5) of Regulation 832 of the Revised Regulations of Ontario, 1990, made under the Nursing Homes Act,

(vii) Clause 7 (2) (a) of the Oak Ridges Moraine Conservation Act, 2001,

(viii) Section 30 of the Ontario Heritage Act,

(ix) Sections 24 and 46 of the Planning Act,

(x) Section 33 of the Planning Act except where, in the case of the demolition of a residential property, a permit to demolish the property is obtained under that Section,

(xi) Clause 47 (1) (a) of the Planning Act,

(xii) Subsection 22 (1) of the Private Hospitals Act,

(c) regulations made by a conservation authority under Clause 28 (1) (c) of the Conservation Authorities Act that prohibit construction of a building or structure in or on a pond or swamp or in any area susceptible to flooding during a regional storm without a permit issued by the conservation authority,

(d) by-laws made under Section 34 or 38 of the Planning Act or under Section 3 of Ontario Regulation 246/01 made under that Act,

(e) by-laws made under Section 22 of the Theatres Act, and

(f) by-laws made under any private Act that prohibit the proposed construction or demolition of the building unless the by-law is complied with.

(2) For the purposes of Clause 10 (2) (a) of the Act, applicable law means any general or special Act, and all regulations and by-laws enacted under them that prohibit the proposed use of the building unless the Act, regulation or by-law is complied with.

3. Sentence 2.3.1.1.(4) of the Regulation is revoked and the following substituted:

(4) Where a building or part of it described in Table 2.3.1.1. is designed by an architect or a professional engineer or a combination of both as required by this Article, all plans, sketches, drawings, graphic representations, specifications and other documents that are prepared by an architect, professional engineer or both and that form the basis for the issuance of a permit under Section 8 of the Act or any changes to it authorized by the chief building official shall bear the signature and seal of the architect, professional engineer or both, as applicable.

4. Sentence 2.3.2.1.(1) of the Regulation is revoked and the following substituted:

2.3.2.1. General Review by Architect or Professional Engineer

(1) Except as permitted in Sentence (2), a person who intends to construct or have constructed a building required to be designed by an architect, professional engineer or both, shall ensure that an architect, professional engineer or both are retained to undertake the general review of the construction of the building in accordance with the performance standards of the Ontario Association of Architects or the Association of Professional Engineers of Ontario, as applicable, to determine whether the construction is in general conformity with the plans, sketches, drawings, graphic representations, specifications and other documents that are prepared by an architect, professional engineer or both and that form the basis for the issuance of a permit under Section 8 of the Act or any changes to it authorized by the chief building official, copies of written reports arising out of the general review shall be forwarded to the chief building official or registered code agency, as the case may be, by the architect, professional engineer or both who have been retained to undertake the general review of the construction of the building.

5. (1) Sentence 2.4.1.1.(4) of the Regulation is revoked and the following substituted:

(4) Reserved.

(2) Subsection 2.4.1. of the Regulation is amended by adding the following Article:

2.4.1.1A. Applications for Permits under Section 8 of the Act

(1) An application for a permit under Section 8 of the Act to construct or demolish a building shall be made after June 30, 2005 by

(a) the owner of the property on which the proposed construction or demolition is to take place, or

(b) the authorized agent of the owner referred to in Clause (a).

(2) An application referred to in Sentence (1) that is made after June 30, 2005 shall be in a form approved by the Minister.

(3) In Sentence (1),

owner includes, in respect of the property on which the construction or demolition will take place, the registered owner, a lessee and a mortgagee in possession.

2.4.1.1B. Period Within Which a Permit is Issued or Refused

(1) Subject to Sentences (2) and (3), if an application for a permit under Subsection 8 (1) of the Act that meets the requirements of Sentence (5) is submitted after June 30, 2005 to a chief building official, the chief building official shall, within the time period set out in Column 3 of Table 2.4.1.1B. corresponding to the class of building described in Column 2 of Table 2.4.1.1B. for which the application is made:

(a) issue the permit, or

(b) refuse to issue the permit and provide in writing all of the reasons for the refusal.

(2) If an application made after June 30, 2005 for a permit under Subsection 8 (1) of the Act proposes construction or demolition of two or more buildings of different classes described in Column 2 of Table 2.4.1.1B. that have different time periods in Column 3 of Table 2.4.1.1B., the longer of the time periods shall be the time period for the purposes of Sentence (1).

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

(a) 10 days, and

(b) the time period corresponding to the class of the building described in Column 2 of Table 2.4.1.1B. that the building in Sentence (4) serves, if any.

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

(a) a structure occupying an area of 10 m² or less that contains plumbing, including the plumbing appurtenant to it,

(b) plumbing not located in a structure,

(d) a structure described in Article 2.1.2.1.

(5) The requirements for an application referred to in Sentence (1) for a permit under Subsection 8 (1) of the Act are:

(a) that the application be made in the form described in Sentence 2.4.1.1A.(2),

(b) that the application be signed by a person described in Clause 2.4.1.1A.(1)(a) or (b),

(d) that all attachments indicated as being attached to the application are submitted with the application, and

(e) that the application be accompanied by the types and quantities of plans and specifications that are prescribed by the applicable by-law, resolution or regulation made under Clause 7 (1) (b) of the Act.

(6) The time period described in Sentences (1) to (3) shall begin on the day following the later of

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

(b) the day on which payment is made of all fees that are required, under a by-law, regulation or resolution made under Clause 7 (1) (c) of the Act, to be paid when the application is made.

(7) Subject to Sentences (8) and (9), the time periods described in Column 3 of Table 2.4.1.1B. shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

(8) The time period in Sentence (9) applies where

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

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

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

(9) The time period described in Sentences (1) to (3) for an application referred to in Clause (8)(a) shall begin on the day following the latest of

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

(b) the day on which payment is made of all fees that are required, under a by-law, regulation or resolution made under Clause 7 (1) (c) of the Act, to be paid when the application is made, and

Table 2.4.1.1B.

Period Within Which Permit Shall be Issued or Refused Forming Part of Article 2.4.1.1B.

Row Number	Class of Building			Time period
1	(a)	A detached house, semi-detached house, townhouse, or row house where no dwelling unit is located above another dwelling unit, if it is subject to an agreement made under Section 6 of the Act.		5 days
	(b)	A detached structure that serves a building described in Clause (a) and does not exceed 50 m² in building area.
2	(a)	A detached house, semi-detached house, townhouse, or row house where no dwelling unit is located above another dwelling unit, if it is not subject to an agreement made under Section 6 of the Act.		10 days
	(b)	A detached structure that serves a building described in Clause (a) and does not exceed 50 m² in building area.
	(c)	A tent to which Section 3.13. applies.
	(d)	A sign to which Section 3.14. applies.
3	(a)	Buildings described in Clauses 2.1.1.3.(1)(a), (b) and (c),		15 days
	excluding:
		(i)	buildings described in Column 2 of any of Rows 1, 2 and 5 of this Table.
	(b)	Farm buildings that do not exceed 600 m² in building area.
4	(a)	Buildings described in Clause 2.1.1.2.(1)(a) or (b),		20 days
	excluding:
		(i)	buildings described in Column 2 of any of Rows 1, 2 and 5 of this Table.
	(b)	Farm buildings exceeding 600 m² in building area.
5	(a)	Post-disaster buildings.		30 days
	(b)	Buildings to which Subsection 3.2.6. or any provision in Articles 3.2.8.2. to 3.2.8.11. applies.
Column 1	Column 2			Column 3

6. Article 2.4.1.2. of the Regulation is amended by adding the following Sentence:

(3) A person is exempt from the requirement to obtain a permit under Section 10 of the Act for the change of use of a building in unorganized territory.

7. (1) Clause 2.4.1.3.(1)(f) of the Regulation is revoked.

(2) Sentence 2.4.1.3.(3) of the Regulation is amended by striking out “s. 18 (2) of the Fire Marshals Act or under s. 15 (3) of the Act” and substituting “Subsection 21 (1) of the Fire Protection and Prevention Act, 1997 or under Subsection 15 (3) of the Building Code Act, 1992”.

8. Article 2.4.3.1. of the Regulation is amended by adding the following Sentence:

(3) Where a registered code agency has been appointed to perform the functions described in Clause 4.1 (4) (b) or (c) of the Act or has been appointed under Subsection 4.2 (2) of the Act in respect of the construction of the building, the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (2) after receipt of a certificate for the occupancy of a building not fully completed issued by the registered code agency in respect of the building.

9. Article 2.4.4.1. of the Regulation is revoked and the following substituted:

2.4.4.1. Fire Department Approval

(1) Subject to Sentence (2), if the council of a municipality assigns specific responsibility for the enforcement of any portion of this Code respecting fire safety matters to an inspector who is the chief of the fire department of the municipality, the chief building official shall not issue a permit to construct a building unless the inspector approves the drawings submitted with the application for the permit as complying with that portion of this Code.

(2) If a registered code agency has been appointed under Clause 4.1 (4) (a) or (c) or Subsection 4.2 (2) of the Act

(a) a municipality shall not assign responsibility under Sentence (1) to the chief of the fire department with respect to a building for which the registered code agency has been appointed, and

(b) any assignment of responsibility under Sentence (1) with respect to a building for which the registered code agency is appointed shall be cancelled as of the date of the appointment.

10. (1) Subsection 2.4.5 of the Regulation is amended by adding the following Article:

2.4.5.2. Construction of Sewage Systems

(1) The following information is prescribed for the purposes of Subsection 15.12 (3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system:

(a) the information described in Sentence 2.18.4.1.(2) as it relates to:

(i) the person registered under Article 2.18.3.2., and

(ii) the person with the qualifications described in Clause 2.18.3.2.(1)(a) who will supervise construction on-site of the sewage system, and

(b) the name and phone number of the representative of the person described in Subclause (a)(i) who may be contacted by the chief building official in respect of the construction of the sewage system.

(2) Subsection 2.4.5. of the Regulation is revoked and the following substituted:

2.4.5. Notices and Inspections

2.4.5.1. Prescribed Notices

(1) This Article sets out the notices that are required under Section 10.2 of the Act.

(2) The person to whom a permit under Section 8 of the Act is issued shall notify the chief building official or, where a registered code agency is appointed under the Act in respect of the construction to which the notice relates, the registered code agency of:

(a) readiness to construct footings,

(b) substantial completion of footings and foundations prior to commencement of backfilling,

(c) substantial completion of structural framing and ductwork and piping for heating and air-conditioning systems, if the building is within the scope of Part 9,

(d) substantial completion of structural framing and roughing-in of heating, ventilation, air-conditioning and air-contaminant extraction equipment, if the building is not a building to which Clause (c) applies,

(e) substantial completion of insulation, vapour barriers and air barriers,

(f) substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems,

(g) substantial completion of fire access routes,

(h) readiness for inspection and testing of:

(i) building sewers and building drains,

(ii) water service pipes,

(iii) fire service mains,

(iv) drainage systems and venting systems,

(v) the water distribution system, and

(vi) plumbing fixtures and plumbing appliances,

(i) readiness for inspection of suction and gravity outlets, covers and suction piping serving outlets of an outdoor pool described in Clause 2.1.2.1.(1)(h), a public pool or a public spa,

(j) substantial completion of the circulation/recirculation system of an outdoor pool described in Clause 2.1.2.1.(1)(h), a public pool or public spa and substantial completion of the pool before it is first filled with water,

(k) readiness to construct the sewage system,

(l) substantial completion of the installation of the sewage system before the commencement of backfilling,

(m) substantial completion of installation of plumbing not located in a structure, before the commencement of backfilling, and

(n) completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 2.4.3.1.(2) or to permit occupancy under Sentence 2.4.3.2.(1), if the building or part of the building to be occupied is not fully completed.

2.4.5.2. Additional Notices

(1) A principal authority may pass a by-law or resolution or make a regulation under Clause 7 (1) (e) of the Act, as part of its responsibility for the enforcement of the Act, in order to establish time periods within which notice of one or more of the following stages of construction must be given:

(a) commencement of construction of the building,

(b) substantial completion of structural framing for each storey, if the building is a type of building that is within the scope of Parts of this Code other than Part 9,

(i) masonry fireplaces and masonry chimneys,

(ii) factory-built fireplaces and allied chimneys,

(iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys,

(d) substantial completion of interior finishes,

(e) substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment,

(f) substantial completion of exterior cladding,

(g) substantial completion of site grading,

(h) substantial completion of the pool deck and dressing rooms for a public pool or public spa and readiness for inspection of the emergency stop system for a public pool or public spa, and

(i) completion and availability of drawings of the building as constructed.

(2) The person to whom a permit under Section 8 of the Act is issued shall notify the chief building official or, if a registered code agency is appointed under the Act in respect of the construction to which the notice relates, the registered code agency of the stages of construction for which a time period for giving notice is required under Sentence (1).

2.4.5.3. Prescribed Inspections

(1) Except as provided in Sentence (2), an inspector or registered code agency, as the case may be, shall, not later than two days after receipt of a notice given under Sentence 2.4.5.1.(2), undertake a site inspection of the building to which the notice relates.

(2) Where a notice given under Sentence 2.4.5.1.(2) relates to matters described in Clause 2.4.5.1.(2)(k) or (l), an inspector or registered code agency, as the case may be, shall, not later than five days after receipt of the notice, undertake a site inspection of the sewage system to which the notice relates.

(3) When undertaking an inspection required under Sentence (1) or (2), the inspector or registered code agency, as the case may be, may consider reports concerning whether the building or a part of the building complies with the Act or this Code.

(4) The time periods referred to in Sentences (1) and (2) shall begin on the day following the day on which the notice is given.

(5) The time periods referred to in Sentences (1) and (2) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

2.4.5.4. Exemption

(1) A person is exempt from the requirement in Sentences 2.4.5.1.(2) and 2.4.5.2.(2) to give notice to the chief building official in respect of construction if

(a) a permit in respect of the construction was issued to the person under Section 8 of the Act before July 1, 2005, and

(b) the person notifies the chief building official in accordance with

(i) Sentence 2.4.5.1.(1) as it read on June 30, 2005, and

(ii) the by-law passed by the municipality under Clause 7 (e) of the Act, as the by-law read on June 30, 2005.

(2) Article 2.4.5.3. does not apply to construction to which Sentence (1) relates.

2.4.5.5. Construction of Sewage Systems

(a) the information described in Sentence 2.18.4.1.(2) as it relates to:

(i) the person registered under Article 2.18.3.2., and

(ii) the person with the qualifications described in Clause 2.18.3.2.(1)(a) who will supervise construction on-site of the sewage system, and

(b) the name and telephone number of the representative of the person described in Subclause (a)(i) who may be contacted by the chief building official in respect of the construction of the sewage system.

11. Article 2.7.1.1. of the Regulation is revoked and the following substituted:

2.7.1.1. General

(1) A chief building official or a registered code agency may allow, under Section 9 of the Act, the use of materials, systems or building designs not authorized by this Code, if the use of the proposed materials, systems or building designs

(a) is permitted under this Section, and

(b) will, in the opinion of the chief building official or registered code agency, provide the level of performance that would be achieved by conforming with the requirements of this Code.

(2) A chief building official or a registered code agency that allows, under Section 9 of the Act, the use of materials, systems or building designs not authorized by this Code shall make a record of the decision that includes:

(a) the decision to allow the use of the material, system or building design, and

(b) all documents in support of the request provided to the chief building official or registered code agency by the person requesting the use of the material, system or building design.

12. (1) The heading for Section 2.8 of the Regulation is revoked and the following substituted:

Section 2.8. Rulings and Interpretations

(2) Subsection 2.8.2. of the Regulation is amended by adding the following Article:

2.8.2.2. Criteria

(1) A ruling made under Clause 29 (1) (c) of the Act may only approve the use of an alternative material, system or building design in a manner

(a) that will, in the opinion of the Minister, achieve the level of performance that is required by this Code, and

(b) that is consistent with,

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

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

(iii) an approval of the use of the material, system or building design under Section 9 of the Act by a chief building official, or

(iv) a revision of the National Building Code of Canada that has been approved by the Canadian Commission on Building and Fire Codes.

13. Section 2.8 of the Regulation is amended by adding the following Subsection:

2.8.3. Interpretations By Minister

2.8.3.1. Interpretations By Minister

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

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

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

14. Article 2.10.1.2. of the Regulation is revoked and the following substituted:

2.10.1.2. Single Member

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

(2) The disputes referred to in Sentence (1) are:

(a) any dispute described in Clause 24 (1) (a) of the Act respecting the sufficiency of compliance with technical requirements of this Code related to sewage systems, and

(b) any dispute described in Clause 24 (1) (b) or (c) of the Act.

2.10.1.3. Time Period

(1) A hearing to decide a dispute described in Clause 2.10.1.2.(2)(b) shall be held not more than five days after the Commission receives an application for a hearing in a form approved by the Commission.

(2) The time period described in Sentence (1) commences on the day after the Commission receives the application and excludes Saturdays, holidays and all other days when the offices of the Government of Ontario are not open for the transaction of business with the public.

2.10.1.4. Eligibility

(1) No member of the Commission shall be:

(a) a member of the public service of Ontario,

(b) an employee of a principal authority, or

(c) a person who is registered under Article 2.19.3.2. as a registered code agency, an officer, director, partner or employee of a registered code agency or a person engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.

15. Sections 2.11. and 2.12. of the Regulation are revoked.

16. (1) Sentence 2.13.1.1.(1) of the Regulation is revoked and the following substituted:

(1) The director and employees of the Ministry of Municipal Affairs and Housing specified by the director are designated for the purposes of the enforcement of the Act and this Code in relation to the qualifications of:

(a) chief building officials,

(b) inspectors,

(d) persons engaging in the activities described in Subsection 15.11(5) of the Act, and

(e) persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems.

(2) Sentence 2.13.1.1.(4) of the Regulation is amended by striking out “Sections 6 and 19 of the Act” and substituting “Sections 15.23 and 19 of the Act”.

17. The Regulation is amended by adding the following sections:

Section 2.16. Qualifications for Chief Building Officials and Inspectors

2.16.1. Scope

2.16.1.1 Scope

(1) This Section prescribes, for the purposes of Subsections 15.11 (1), (2) and (3) of the Act

(a) the qualifications that a person must satisfy to be appointed after June 30, 2005 and to remain appointed after that day as

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

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

(b) the qualifications that a person must satisfy to be appointed on or after the day this Article comes into force and to remain appointed after that day

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

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

(c) the qualifications that a person must satisfy to be appointed after June 30, 2005 and to remain appointed after that day as an inspector under the Act, other than an inspector described in Subclause (a)(ii) or (b)(i) or (ii).

2.16.2. Chief Building Officials

2.16.2.1. Qualifications

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

(b) if, under Subsection 22 (2) of the Act, the person will also exercise any of the powers or perform any of the duties of an inspector, the person shall also have the qualifications contained in Sentence 2.16.4.1(1), and

(c) the person shall file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director.

(2) An inspector who has the same powers and duties as a chief building official in relation to sewage systems and who had, on the day before the day this Article came into force, the qualification described in Article 2.11.3.1. as it read on that day:

(a) shall be deemed to have successfully completed the examination programme described in Clause (1)(a),

(b) shall be deemed to have successfully completed the examination program described in Clause 2.16.4.1.(1)(a) in the category of qualification described in Column 3 of Row 10 of Table 2.20.2.1., and

(c) shall be deemed to have filed with the director the information required in Clause (1)(c) if the person filed with the director, before the day this Article came into force, the information required under Article 2.11.3.1. as that Article read on the day before the day this Article came into force.

(3) A person is required to have the qualifications set out in Sentence (1) in accordance with the following rules:

1. A person appointed as a chief building official shall have the qualifications set out in Sentence (1) on and after the later of

i. July 1, 2005, and

ii. the day he or she is appointed as a chief building official.

2. A person appointed as an inspector who has the same powers and duties as a chief building official in relation to plumbing shall have the qualifications set out in Sentence (1) on and after the later of

i. July 1, 2005, and

ii. the day he or she is appointed as an inspector who has the same powers and duties as a chief building official in relation to plumbing.

3. A person appointed as an inspector who has the same powers and duties as a chief building official in relation to sewage systems shall have the qualifications set out in Sentence (1) on and after the later of

i. the day this Article comes into force, and

ii. the day he or she is appointed as an inspector who has the same powers and duties as a chief building official in relation to sewage systems.

2.16.3. Supervisors and Managers

2.16.3.1. Qualifications

(1) The following are prescribed as the qualifications for a person to be appointed after June 30, 2005 and to remain appointed under the Act after that day as an inspector whose duties are solely the supervision or management of inspectors:

(a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code and the powers and duties of chief building officials,

(b) the person shall successfully complete the examination program administered by the Ministry of Municipal Affairs and Housing of the person’s knowledge of the Act and this Code related to any one category of qualification set out in Column 3 of Table 2.20.2.1., and

(c) the person shall file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director.

2.16.4. Inspectors

2.16.4.1. Qualifications

(1) The following are prescribed as qualifications for a person to be appointed and to remain appointed under the Act as an inspector whose duties include plans review or inspection under the Act:

(a) the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category or categories of qualifications in Column 3 of Table 2.20.2.1. that correspond to the types of buildings set out in Column 4 of Table 2.20.2.1. in respect of which the person will exercise the powers or perform the duties of an inspector under the Act,

(b) where the person is an inspector whose duties solely relate to plans review or inspection in respect of fire suppression, fire detection, fire fighting and fire safety or an inspector referred to in Sentence 2.4.4.1.(1), the person shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in respect of fire protection, and

(c) the person shall file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director.

(2) An inspector who had, on the day before the day this Section came into force, the qualification described in Article 2.11.3.1., as it read on that day

(a) shall be deemed to have successfully completed the examination program described in Clause (1)(a) in the category of qualification described in Column 3 of Row 10 of Table 2.20.2.1., and

(b) shall be deemed to have filed with the director the information required in Clause (1)(c) if the person filed with the director, before the day this Section came into force, the information required under Article 2.11.3.1. as it read on that day.

(3) A person is required to have the qualifications set out in Sentence (1) in accordance with the following rules:

1. A person appointed as an inspector whose duties include plans review and inspection of sewage systems under the Act shall have the qualifications set out in Sentence (1) on and after the later of

i. September 1, 2003, and

ii. the day on which he or she is appointed as an inspector whose duties include plans review and inspection of sewage systems.

2. A person appointed as an inspector, other than an inspector described in paragraph 1, shall have the qualifications set out in Sentence (1) on and after the later of

i. July 1, 2005, and

ii. the day on which he or she is appointed as an inspector.

2.16.5. Updating of Qualifications

2.16.5.1. Updating of Qualifications

(1) When an examination that is part of an examination program referred to in Clause 2.16.2.1.(1)(a), 2.16.3.1.(1)(a) or (b) or 2.16.4.1.(1)(a) or (b) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 2.16.2.1.(1)(c), 2.16.3.1(1)(c) or 2.16.4.1.(1)(c), informed the director that the person completed the examination before it was replaced or who is deemed to have successfully completed the examination program.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the person filed with the director.

(3) It is a prescribed qualification for the purposes of Subsections 15.11 (1), (2) and (3) of the Act that, not later than 180 days after the day on which a notice referred to in Sentence (1) is sent, the person to whom the notice is given shall:

(a) successfully complete all new examinations referred to in the notice, and

(b) file the information set out in Sentence 2.16.6.1.(1) with the director in a form established by the director.

2.16.6. Information

2.16.6.1. Qualifications

(1) The information referred to in Clauses 2.16.2.1.(1)(c), 2.16.3.1.(1)(c), 2.16.4.1.(1)(c) and 2.16.5.1.(3)(b) is the following:

(a) the person’s name, residence address and residential mailing address, if different from the residence address,

(b) the name and address of every principal authority that has appointed the person as a chief building official or inspector under the Act, and

(c) information about the examinations that the person has successfully completed, in such form and in such detail as may be required by the director.

(2) A person who files information under Sentence (1) with the director shall advise the director of any change of the information not later than 15 days after the change.

2.16.7. Fees

2.16.7.1. Fees

(1) The fee payable upon the filing of information under Clause 2.16.2.1.(1)(c), 2.16.3.1.(1)(c), 2.16.4.1.(1)(c) or 2.16.5.1.(3)(b) is $80.

(2) The amount of a fee referred to in Sentence (1) is reduced by $10 if the information is filed and the fee is paid in accordance with a means of electronic filing and payment specified by the director.

(3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.

2.16.8. Public Register

2.16.8.1. Public Register

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

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

(a) the name of the person,

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

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

(d) the qualifications of the person.

2.16.9. Categories of Qualifications

2.16.9.1. Categories

(1) Table 2.20.2.1. contains the categories of qualifications for the purposes of this Section.

Section 2.17. Qualifications for Designers

2.17.1. Scope

2.17.1.1. Scope

(1) This Section prescribes, for the purposes of Clause 8 (2) (c) and Subsection 15.11 (5) of the Act, the qualifications for a person who carries out design activities after June 30, 2005.

2.17.2. General

2.17.2.1. Persons Engaged in the Business of Providing Design Activities to the Public

(1) Every person engaged in the business of providing design activities to the public after June 30, 2005 must have the qualification set out in Sentence 2.17.4.1.(1).

2.17.2.2. Other Designers

(1) Every person who carries out design activities after June 30, 2005, but who is not required to have the qualification set out in Sentence 2.17.4.1.(1), must have the qualifications set out in Sentence 2.17.5.1.(1).

2.17.3. Definition

2.17.3.1. Definition

(1) In this Section,

registered means registered under Article 2.17.4.2.

2.17.4. Qualifications — Persons Engaged in the Business of Providing Design Activities to the Public

2.17.4.1. General

(1) Except as provided in Sentence (3), every person engaged in the business of providing design activities to the public after June 30, 2005 must have the following qualification:

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

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

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

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

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

(i) of low human occupancy,

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

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

(d) the extension, material alteration or repair of:

(i) a building that is a detached house, a semi-detached house, townhouse or row house containing not more than two dwelling units, where no dwelling unit is located above another dwelling unit, or

(ii) a detached structure that serves a building described in Subclause (3)(d)(i) and does not exceed 50 m² in building area,

(e) a sewage system to be constructed by that person if the person is registered under Article 2.18.3.2.,

(f) construction of tents described in Sentence 3.13.1.2.(2),

(g) construction of signs, other than projecting signs and signs described in Clause 3.14.3.2.(1)(a), (b) or (c), or

(h) construction of a building for which a permit under Section 8 of the Act is applied for or issued before July 1, 2005 and for which construction is commenced within six months after the permit is issued.

2.17.4.2. Registration and Renewal of a Registration

(1) Subject to Article 2.17.4.9., the director may register an applicant, or renew a registration, in each class of registration applied for, if

(a) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out on Column 3 of Table 2.20.2.1. that corresponds to each class of registration set out in Column 2 of Table 2.20.2.1. for which application is made,

(b) all persons who will review and take responsibility for design activities provided to the public by the applicant or registered person for the purposes of Clause 2.17.4.7.(1)(d) have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out on Column 3 of Table 2.20.2.1. that correspond to each class of registration set out in Column 2 of Table 2.20.2.1. for which application is made,

(c) the applicant or registered person is covered by the insurance required under Subsection 2.21.2. during the term of the registration applied for,

(d) the application is complete, and

(e) all fees required under Article 2.17.4.5. are paid.

2.17.4.3. Application for Registration or Renewal of a Registration

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

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

(3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 2.17.4.7.

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

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

(a) have the qualifications set out in Clause 2.17.4.2.(1)(a) in the class or classes of registration for which the application is made, and

(b) have the qualifications set out in Clause 2.17.4.2.(1)(b) and will review and take responsibility for the design activities provided to the public by the applicant or registered person in the class or classes of registration for which the application is made.

(6) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (5) meet the qualifications set out in Clauses 2.17.4.2.(1)(a) and (b).

(7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the applicant or registered person is covered by the insurance required under Subsection 2.21.2. during the term of the registration applied for.

2.17.4.4. Term

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

2.17.4.5. Fees

(1) The fee for a registration is $125.

(2) The fee for a registered person to add a new class of registration is $25.

(3) The fee for renewal of a registration is $80.

(4) The amount of a fee referred to in Sentence (1), (2) or (3) is reduced by 15 per cent and rounded to the nearest whole dollar if the application is made and the fee is paid in accordance with a means of electronic filing and payment specified by the director.

(5) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Subsection.

2.17.4.6. Not Transferable

(1) A registration is not transferable.

2.17.4.7. Conditions

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

(a) the registered person shall carry out design activities only in respect of the type of building described in Column 4 of Table 2.20.2.1. that correspond to the class or classes of registration held by the registered person,

(b) if the registered person is a corporation or partnership, there must throughout the term of the registration be an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 2.17.4.2.(1)(a) for each class of registration set out in Column 2 of Table 2.20.2.1. that is held by the registered person,

(c) not more than 180 days after the day a notice is given under Sentence 2.17.4.8.(1) by the director to the registered person, the registered person shall

(i) ensure that the registered person and the persons described in Clause (b) have successfully completed all new examinations referred to in the notice, and

(ii) provide the following information to the director:

(A) the names of all persons described in Subclause (i), and

(B) information about the examinations that the persons described in Subclause (i) have successfully completed, in such form and in such detail as may be required by the director,

(d) the registered person shall ensure that a person described in Clause (b) or another person who has the qualifications set out in Clause 2.17.4.2.(1)(b) in respect of the class of registration set out in Column 2 of Table 2.20.2.1. to which the design activities relate will review and take responsibility for design activities in each class of registration that are provided to the public by the registered person,

(e) not more than 180 days after the day when a notice is given under Sentence 2.17.4.8.(1) by the director to the registered person, the registered person shall:

(i) ensure that persons described in Clause (d) who will review and take responsibility for design activities provided to the public by the registered person in the class of registration to which the notice relates, have successfully completed all new examinations referred to in the notice, and

(ii) provide the following information to the director:

(A) the names of all persons described in Subclause (i), and

(B) information about the examinations that the persons referred to in Subclause (i) have successfully completed, in such form and in such detail as may be required by the director,

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

(i) the name of the registered person and any registration number issued to the registered person by the director,

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

(iii) the person’s name and any identifying number issued to the person by the director in respect of the qualifications described in Clause 2.17.4.2.(1)(b), and

(iv) the person’s signature,

(g) the registered person shall, during the term of the registration, be covered by the insurance required under Subsection 2.21.2.,

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

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

(ii) any change in the information set out in Sentences 2.17.4.3.(4) and (5),

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

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

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

2.17.4.8. Updating of Qualifications

(1) Where an examination referred to in Clause 2.17.4.2.(1)(a) or (b) is replaced with a new examination, the director shall give notice of the new examination to every registered person who is registered in a class of registration to which the new examination relates.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.

2.17.4.9. Suspension, Revocation, Refusal to Register or Renew a Registration

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

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

(b) suspend or revoke a registration.

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

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

(b) the registered person is in breach of a condition of the registration other than the condition set out in Clause 2.17.4.7.(1)(g),

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

(e) the application is incomplete, or

(f) any fees required under Article 2.17.4.5. remain unpaid.

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

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

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

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

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

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

(9) If, within the time period set out in Sentence 2.17.4.3.(2), a registered person has applied for renewal of a registration, paid the fee required under Article 2.17.4.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 2.21.2. for the term of the renewal of the registration, the registration shall be deemed to continue until the earliest of

(a) the day the registration is renewed,

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

2.17.4.10. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew Registration

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

(a) refuse to register an applicant,

(b) refuse to renew a registration, or

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

(a) the applicant or registered person is not covered by the insurance required under Subsection 2.21.2., or

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

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

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

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

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

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

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

2.17.5. Qualifications — Other Designers

2.17.5.1. General

(1) Except as provided in Sentence (2), a person who carries out design activities after June 30, 2005 but is not required under Sentence 2.17.4.1.(1) to be registered with the director must have the following qualifications:

(a) he or she shall successfully complete the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to his or her knowledge of the Act and this Code in the category of qualification set out in Column 3 of Table 2.20.2.1. that corresponds to the type of buildings described in Column 4 of Table 2.20.2.1. for which the person carries out design activities,

(b) he or she shall file the information set out in Sentence 2.17.5.3.(1) with the director in a form established by the director, and

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

(i) the person’s name and any identifying number issued to the person issued by the director in respect of the qualifications described in Clause (a),

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

(iii) the person’s signature.

(2) A person is exempt from the requirement to comply with the qualifications in Sentence (1) if his or her design activities relate only to

(a) design activities in respect of which a person described in Clause 2.17.4.7.(1)(d) or who has the qualifications required under Sentence (1) will review and take responsibility,

(b) construction of:

(i) a building owned by the person that is a detached house, semi-detached house, townhouse or row house containing not more than two dwelling units where no dwelling unit is located above another dwelling unit, or

(ii) a detached structure that serves a building described in Subclause (2)(b)(i) and does not exceed 50 m² in building area,

(i) is of low human occupancy,

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

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

(d) a sewage system to be constructed by that person and:

(i) the person is registered under Article 2.18.3.2., or

(ii) the sewage system is owned by the person,

(e) construction of tents described in Sentence 3.13.1.2.(2),

(f) construction of signs, other than projecting signs and signs described in Clause 3.14.3.2.(1)(a), (b) or (c), or

(g) construction of a building for which a permit under Section 8 of the Act is applied for or issued before July 1, 2005 and for which the construction commences within six months after the permit is issued.

2.17.5.2. Updating of Qualifications

(1) When an examination that is part of an examination program referred to in Clause 2.17.5.1.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every person who has, pursuant to Clause 2.17.5.1.(1)(b), informed the director that he or she has completed the examination before its replacement.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the person that has been filed with the director.

(3) It is a prescribed qualification for the purposes of Clause 8 (2) (c) and Subsection 15.11 (5) of the Act that, not more than 180 days after the day on which the notice referred to in Sentence (1) is given, the person to whom the notice is given shall:

(a) successfully complete all new examinations referred to in the notice, and

(b) file the information set out in Sentence 2.17.5.3.(1) with the director in a form established by the director.

2.17.5.3. Information

(1) The information referred to in Clauses 2.17.5.1.(1)(b) and 2.17.5.2.(3)(b) is the following:

(a) the person’s name, residence address and residential mailing address, if different from the residence address, and

(b) information about the examinations that the person has successfully completed, in such detail as may be required by the director.

(2) A person who has filed information under Sentence (1) with the director shall advise the director of any change of address within 15 days of the change.

2.17.5.4. Fees

(1) The fee payable upon the filing of information referred to in Clause 2.17.5.1.(1)(b) or 2.17.5.2.(3)(b) is $80.

(3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.

2.17.6. Public Register

2.17.6.1. Public Register

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

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

(a) the name of the registered person,

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

(d) classes of registration of the registered person,

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

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

(3) The register referred to in Sentence (1) shall contain the following information in respect of persons who have the qualifications referred to in Sentence 2.17.5.1.(1):

(a) the name of the person,

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

2.17.7. Classes of Registration and Categories of Qualifications

2.17.7.1. Classes and Categories

(1) Table 2.20.2.1. contains the classes of registration and categories of qualifications for the purposes of this Section.

Section 2.18. Qualifications for Persons Engaged in the Business of Constructing On Site, Installing, Repairing, Servicing, Cleaning or Emptying Sewage Systems

2.18.1. Scope

2.18.1.1. Scope

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

2.18.2. Definition

2.18.2.1. Definition

(1) In this Section,

registered means registered under Article 2.18.3.2.

2.18.3. Qualifications

2.18.3.1. General

(1) Commencing on the day this Section comes into force, persons engaged in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems shall have the following qualification:

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

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

(3) A license issued under Sentence 2.12.3.1. of this Code, as that Sentence read immediately before the day this Section came into force, shall be deemed to be a registration for the purposes of Clause (1)(a).

(4) A person is exempt from the requirement to comply with the qualification in Sentence (1) in respect of the activities of cleaning and emptying sewage systems if the person has been issued a certificate of approval under Section 39 of the Environmental Protection Act in respect of the activities of cleaning and emptying sewage systems.

2.18.3.2. Registration and Renewal of a Registration

(1) Subject to Article 2.18.3.9., the director may register an applicant, or renew a registered person’s registration, if

(a) all persons who will supervise construction on site, installation, repair, servicing, cleaning or emptying sewage systems carried out by the applicant or registered person have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act, this Code and the construction, maintenance and operation of sewage systems,

(b) the application is complete, and

(2) A person who had, on the day before the day this Subsection came into force, the qualification described in Subclause 2.12.4.6.(1)(a), as it read on that day, shall be deemed to have successfully completed the examination program described in Clause (1)(a).

2.18.3.3. Application for Registration or Renewal of a Registration

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

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

(3) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 2.18.3.7.

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

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

(a) have the qualifications set out in Clause 2.18.3.2.(1)(a), and

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

2.18.3.4. Term

(1) A registration expires 3 years after the date of its issuance.

2.18.3.5. Fees

(1) The fee for a registration or renewal of a registration is $50.

(2) The amount of a fee referred to in Sentence (1) is reduced by $5 if the application is made and the fee is paid in accordance with a means of electronic filing and payment specified by the director.

(3) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.

2.18.3.6. Not Transferable

(1) A registration is not transferable.

2.18.3.7. Conditions

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

(a) the registered person shall ensure that the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person is supervised by a person who has the qualifications set out in Clause 2.18.3.2.(1)(a),

(b) not more than 180 days after the day a notice is given under Sentence 2.18.3.8.(1) by the director to the registered person, the registered person shall:

(i) ensure that the construction on site, installation, repair, servicing, cleaning or emptying of sewage systems carried out by the registered person is supervised by persons who have successfully completed the new examinations referred to in the notice, and

(ii) provide the following information to the director:

(A) the name of the person or persons carrying out the supervision, and

(B) information about the examinations that the person or persons have successfully completed, in such detail as may be required by the director,

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

(ii) of any change in the information set out in Sentences 2.18.3.3.(4) and (5),

(d) the registered person shall give prompt written notice to the director of any material change in any of the information other than the information referred to in Clause (1)(c) that is contained in or accompanies an application for registration or renewal of a registration,

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

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

2.18.3.8. Updating of Qualifications

(1) When an examination that is part of an examination program referred to in Clause 2.18.3.2.(1)(a) is replaced with a new examination, the director shall give notice of the new examination to every registered person.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.

2.18.3.9. Suspension, Revocation, Refusal to Register or Renew a Registration

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

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

(b) suspend or revoke a registration.

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

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

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

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

(f) the application is incomplete, or

(g) any fees required under Article 2.18.3.5. remain unpaid.

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

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

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

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

(9) If, within the time period set out in Sentence 2.18.3.3.(2), a registered person has applied for renewal of a registration and paid the fee required under Article 2.18.3.5., the registration shall be deemed to continue until the earlier of

(a) the day the registration is renewed, and

2.18.4. Public Register

2.18.4.1. Public Register

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

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

(a) the name of the registered person,

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

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

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

Section 2.19. Qualifications for Registered Code Agencies

2.19.1. Scope

2.19.1.1. Scope

(1) This Section prescribes, for the purposes Subsection 15.11 (4) of the Act, the qualifications that a person must meet in order to be eligible to be appointed after June 30, 2005 as a registered code agency under the Act.

2.19.2. Definition

2.19.2.1. Definition

(1) In this Section,

registered means registered under Article 2.19.3.2.

2.19.3. Qualifications

2.19.3.1. General

(1) The following are prescribed as qualifications for persons to be appointed after June 30, 2005 under the Act as a registered code agency:

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

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

2.19.3.2. Registration and Renewal of a Registration

(1) Subject to Article 2.19.3.9., the director may register an applicant, or renew a registered person’s registration, in each class of registration applied for if

(a) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, a director, officer, partner or employee of the applicant or registered person, has successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code and the powers and duties of a registered code agency,

(b) the applicant or registered person or, if the applicant or registered person is a corporation or partnership, one or more directors, officers, partners or employees of the applicant or registered person, have successfully completed the examination program administered or authorized by the Ministry of Municipal Affairs and Housing relating to the person’s knowledge of the Act and this Code in the category of qualification set out in Column 2 of Table 2.20.2.2. that corresponds to each class of registration set out in Column 1 of Table 2.20.2.2. for which application is made,

(c) all persons who will carry out plans review and inspection activities on behalf of the registered code agency have the qualifications set out in Clause (b) in respect of each class of registration for which application is made,

(d) the applicant or registered person has in place a quality management plan referred to in Sentence 2.19.3.3.(3) for carrying out the activities of the applicant or registered person under the registration that is acceptable to the director,

(e) the applicant or registered person is covered by the insurance required under Subsection 2.21.2. during the term of the registration applied for,

(f) the application is complete, and

(g) all fees required under Article 2.19.3.5. are paid.

2.19.3.3. Application for Registration or Renewal of a Registration

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

(2) An application for renewal of a registration shall be made at least 60 days before the expiry of the registration being renewed.

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

(a) procedures relating to the commencement of activities as a registered code agency, including procedures to verify that the applicant or registered person is qualified to undertake the activities and to verify that there exists no conflict of interest within the meaning of Sentence 2.22.3.1.(4),

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

(c) procedures for assessing plans and specifications for conformity with this Code, including procedures for the acceptance under Section 9 of the Act of equivalent materials, systems and building designs,

(d) procedures for inspecting the construction of buildings,

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

(f) procedures for the issuance of certificates and orders under the Act, including the responsibility of the persons with the qualifications set out in Sentences 2.22.5.3.(1) and (2),

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

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

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

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

(k) procedures for the review and up-dating of the quality management plan.

(4) An application for registration or renewal of a registration shall include an undertaking by the applicant or registered person to comply with the conditions set out in Article 2.19.3.7.

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

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

(a) have the qualifications set out in Clauses 2.19.3.2.(1)(a) and (b), and

(b) have the qualifications set out in Clauses 2.19.3.2.(1)(b) and (c) and will exercise powers and perform functions under the Act on behalf of the applicant or registered person.

(7) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the persons referred to in Sentence (6) meet the qualifications set out in Clauses 2.19.3.2.(1)(a) to (c).

(8) An application for registration or renewal of a registration shall contain evidence, provided by the applicant or registered person, that the applicant or registered person is covered by the insurance required under Subsection 2.21.2. during the term of the registration applied for.

2.19.3.4. Term

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

2.19.3.5. Fees

(1) The fee for registration is $300.

(2) The fee for the addition of a new class of registration is $50.

(3) The fee for renewal of a registration is $220.

(5) The Ministry of Municipal Affairs and Housing may charge a fee to a person who takes an examination for the purposes of this Section.

2.19.3.6. Not Transferable

(1) A registration is not transferable.

2.19.3.7. Conditions

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

(a) the registered person shall carry out activities under the registration in accordance with the Act, this Code and the quality management plan referred to in Clause 2.19.3.2.(1)(d),

(b) if the registered person is a corporation or partnership, during the term of the registration there must be

(i) an officer, director, partner or employee of the registered person who has the qualifications set out in Clause 2.19.3.2.(1)(a), and

(ii) one or more officers, directors, partners or employees of the registered person who have the qualifications set out in Clause 2.19.3.2.(1)(b) in respect of each class of registration that is held by the registered person,

(c) not more than 180 days after the day a notice is given under Sentence 2.19.3.8.(1) by the director to the registered person, the registered person shall:

(i) ensure that the persons referred to in Clause (1)(b) have successfully completed the new examinations referred to in the notice, and

(ii) provide to the director the names of the persons and information about the examinations that the persons have successfully completed, in such detail as may be required by the director,

(d) the registered person shall during the term of the registration, be covered by the insurance required by Subsection 2.21.2.,

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

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

(ii) of any change in the information set out in Sentences 2.19.3.3.(5) and (6),

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

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

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

2.19.3.8. Updating of Qualifications

(1) Where an examination in an examination program referred to in Clause 2.19.3.2.(1)(a), (b) or (c) is replaced with a new examination, the director shall give notice of the new examination to every registered person who is registered in a class of registration set out in Column 1 of Table 2.20.2.2. to which the examination relates.

(2) The director may give the notice referred to in Sentence (1) by sending it by regular letter mail to the last address of the registered person that has been provided to the director.

2.19.3.9. Suspension, Revocation, Refusal to Register or Renew a Registration

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

(a) refuse to register an applicant,

(b) refuse to renew a registration, or

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

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

(b) the registered person is in breach of a condition of the registration other than the condition set out in Clause 2.19.3.7.(1)(d),

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

(f) the application is incomplete, or

(g) any fees required under Article 2.19.3.5. remain unpaid.

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

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

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

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

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

(11) Subject to Sentence (8), if within the time period set out in Sentence 2.19.3.3.(2) a registered person has applied for renewal of a registration, paid the fee required under Article 2.19.3.5. and provided evidence satisfactory to the director that the registered person is covered by insurance required under Subsection 2.21.2. for the term of the renewal of the registration, the registration shall be deemed to continue until the earliest of

(a) the day the registration is renewed,

2.19.3.10. Mandatory Suspension or Revocation of Registration or Refusal to Register or Renew a Registration

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

(a) refuse to register an applicant,

(b) refuse to renew a registration, or

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

(a) the registered person is not covered by the insurance required under Subsection 2.21.2., or

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

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

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

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

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

2.19.4. Public Register

2.19.4.1. Public Register

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

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

(a) the name of the registered person,

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

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

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

2.19.5. Classes of Registration and Categories of Qualifications

2.19.5.1. Classes and Categories

(1) Table 2.20.2.2. contains the classes of registration and categories of qualifications for the purposes of this Section.

Section 2.20. Classes of Registration and Categories of Qualifications

2.20.1. Scope

2.20.1.1. Scope

(1) This Section sets out classes of registration and categories of qualifications for the purposes of Sections 2.16., 2.17., 2.19. and 2.22.

2.20.2. Classes of Registration and Categories of Qualifications

2.20.2.1. Inspectors and Persons Who Carry out Design Activities

(1) Table 2.20.2.1. sets out the classes of registration and categories of qualifications for persons who carry out design activities and the categories of qualifications for inspectors.

Table 2.20.2.1.

Classes of Registration and Categories of Qualifications For Inspectors and Persons Who Carry Out Design Activities Forming Part of Sentence 2.20.2.1.(1)

Row Number	Classes of Registration for Persons engaged in the business of providing Design Activities to the public	Categories of Qualifications for Inspectors and Persons described in Clauses 2.17.4.2.(1)(a) and (b) and 2.17.5.1.(1)(a)	Type of Building
1	House	House	(a)	A building that is a detached house, semi-detached house, townhouse or row house where no dwelling unit is located above another dwelling unit, and the building systems, works, fixtures and service systems appurtenant to these buildings,
			including:
			(b)	a detached structure that serves the building and does not exceed 50 m² in building area, and
			excluding:
			(c)	buildings and parts of buildings described in Column 4 of any of Rows 5, 6, 7, 8 and 10 of this Table.
2	Small Buildings	Small Buildings	(a)	Buildings described in Clauses 2.1.1.3.(1)(a), (b) and (c) and the building systems, works, fixtures and service systems appurtenant to these buildings,
			including:
			(b)	buildings and parts of buildings
				(i)		described in Column 4 of Row 1 of this Table, or
				(ii)		to which any of Sections 3.10., 3.11., 3.11A., 3.13. and 3.14. apply and that are appurtenant to or serve buildings described in Clause (a),
			excluding:
			(c)	buildings and parts of buildings described in Column 4 of any of Rows 4 to 10 of this Table.
3	Large Buildings	Large Buildings	(a)	Buildings described in Clause 2.1.1.2.(1)(a) or (b) and the building systems, works, fixtures and service systems appurtenant to these buildings,
			excluding:
			(b)	buildings and parts of buildings described in Column 4 of any of Rows 4 to 10 of this Table.
4	Complex Buildings	Complex Buildings	(a)	Post-disaster buildings, and
			(b)	buildings containing building systems, works, fixtures and service systems to which Subsection 3.2.6. or any provision in Articles 3.2.8.2. to 3.2.8.11. apply and that are appurtenant to buildings described in Clause (a) of Column 3 of Row 2 or 3 of this Table,
			excluding:
			(c)	buildings and parts of buildings described in Column 4 of any of Rows 5 to 10 of this Table.
5	Plumbing — House	Plumbing — House	All plumbing systems to which Part 7 applies that are appurtenant to a building that is a detached house, semi-detached house, townhouse or row house where no dwelling unit is located above another dwelling unit.
6	Plumbing — All Buildings	Plumbing — All Buildings	(a)	All plumbing systems to which Part 7 applies,
			including:
			(b)	buildings and parts of buildings described in Column 4 of Row 5 of this Table.
7	HVAC — House	HVAC — House	All building systems, works, fixtures and service systems to which Section 9.32. or 9.33. applies that are appurtenant to a building that is a detached house, semi-detached house, townhouse or row house where no dwelling unit is located above another dwelling unit.
8	Building Services	Building Services	(a)	building systems, works, fixtures and service systems,
				(i)	that are appurtenant to buildings described in Clause 2.1.1.2.(1)(a) or (b) or Clauses 2.1.1.3.(1)(a), (b) and (c) and that relate to fire suppression, fire detection, smoke control, exhaust, vertical movement of smoke, energy efficiency, lighting and emergency power, and
			(b)	building systems, works, fixtures and service systems appurtenant to buildings to which Part 6 applies or to which Section 9.32. or 9.33. applies,
			including:
			(c)	buildings and parts of buildings described in Column 4 of Row 7 of this Table.
9	Building Structural	Building Structural	(a)	Internal and external load-bearing structural elements essential to the stability or strength of a building described in Clause 2.1.1.2.(1)(a) or (b) or Clauses 2.1.1.3.(1)(a), (b) and (c) and that resist dead loads or live loads including, but not limited to, foundations, floors, walls, roofs, columns and beams, and
			(b)	structures designated in Sentence 2.1.2.1.(1).
10	On-site Sewage Systems	On-site Sewage Systems	Sewage systems to which Part 8 applies.
Column 1	Column 2	Column 3	Column 4

2.20.2.2. Registered Code Agencies

(1) Table 2.20.2.2. sets out the classes of registration for registered code agencies and the categories of qualifications for persons described in Clauses 2.19.3.2.(1)(a) to (c).

Table 2.20.2.2.

Classes of Registration and Categories of Qualifications Registered Code Agencies Forming Part of Sentence 2.20.2.2.(1)

Classes of Registration for Registered Code Agencies	Category of Qualification for Persons described in Clauses 2.19.3.2.(1)(a) to (c)	Type of Building Reference to Table 2.20.2.1.
House	House	Column 4 of Row 1
	Plumbing — House	Column 4 of Row 5
	HVAC — House	Column 4 of Row 7
	On-Site Sewage Systems	Column 4 of Row 10
Small Buildings	Small Buildings	Column 4 of Row 2
	Plumbing — All Buildings	Column 4 of Row 6
	Building Services	Column 4 of Row 8
	Building Structural	Column 4 of Row 9
	On-Site Sewage Systems	Column 4 of Row 10
Large Buildings	Large Buildings	Column 4 of Row 3
	Plumbing — All Buildings	Column 4 of Row 6
	Building Services	Column 4 of Row 8
	Building Structural	Column 4 of Row 9
	On-site Sewage Systems	Column 4 of Row 10
Complex Buildings	Complex Buildings	Column 4 of Row 4
	Plumbing — All Buildings	Column 4 of Row 6
	Building Services	Column 4 of Row 8
	Building Structural	Column 4 of Row 9
	On-site Sewage Systems	Column 4 of Row 10
On-site Sewage Systems	On-site Sewage Systems	Column 4 of Row 10
Column 1	Column 2	Column 3

Section 2.21. Insurance

2.21.1. Scope

2.21.1.1. Scope

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

2.21.2. Insurance for Registered Code Agencies and Persons Referred to in Subsection 15.11 (5) of the Act

2.21.2.1. Definition

(1) In this Subsection, registered person means a person who is registered under Article 2.17.4.2. or 2.19.3.2.

2.21.2.2. Scope

(1) Every person registered under Article 2.17.4.2. or 2.19.3.2. shall have insurance coverage under an insurance policy that satisfies the requirements set out in Article 2.21.2.3.

2.21.2.3. Insurance Coverage

(1) The insurance policy

(a) shall indemnify the registered person against liability imposed by law arising out of the performance of or the failure to perform services as a registered person during any time while the person is registered under Article 2.17.4.1. or 2.19.3.2. for claims that are first made and reported to the insurer during the period of insurance or during any extended reporting period required by Clause (1)(c),

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

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

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

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

(d) shall provide for insurance coverage to commence,

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

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

(e) shall require the insurer to notify the director in writing immediately if the policy is declared void for material misrepresentation,

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

(i) in the case of persons registered under Article 2.17.4.2.,

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

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

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

(D) the limits of indemnity for any one claim and in the aggregate that are set out in Sub-subclause (A), (B) or (C), as determined by reference to the person’s estimated fees billings for the 12-month period immediately after the issuance of the policy, if the person has been registered less than one year before the issuance of the policy, and

(ii) in the case of persons registered under Article 2.19.3.2., $1,000,000 per claim and $2,000,000 in the aggregate, except that those limits shall apply exclusively to the exercise of the powers and performance of the duties of a registered code agency under the Act by the registered person and shall be in addition to any insurance applicable to any other activities carried on by the registered person,

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

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

(i) $70,000, and

(ii) 5% of

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

(B) the amount of the insured’s estimated fees billings for the 12- month period immediately after the issuance of the policy, if the insured has been registered under Article 2.17.4.2. less than one year before the issuance of the policy,

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

(i) the insured immediately replaces the policy with another policy that satisfies the requirements of this Article,

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

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

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

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

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

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

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

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

18. The Regulation is amended by adding the following Section:

Section 2.22. Registered Code Agencies

2.22.1. Appointment of Registered Code Agency under Section 4.1 of the Act

2.22.1.1. Agreements

(1) An agreement between a principal authority and a registered code agency under Subsection 4.1 (1) of the Act shall be made in writing and shall:

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

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

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

(d) require that the registered code agency carry out its functions under the agreement in accordance with the Act and this Code and the quality management plan described in Clause 2.19.3.2.(1)(d),

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

(2) An agreement under Subsection (1)

(a) may contain provisions in addition to the provisions required under Subsection (1) if the additional provisions are not inconsistent with the provisions required under that Subsection, and

(b) shall not contain any provision that relates to the construction of buildings for a class of registration for which the registered code agency is not registered under Section 2.19.

2.22.1.2. Appointments

(1) An appointment under Subsection 4.1 (2) of the Act by a principal authority of a registered code agency to perform specified functions in respect of the construction of a building or class of buildings shall be made in writing and shall:

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

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

(c) require that the registered code agency carry out its functions under the appointment in accordance with the Act and this Code and the quality management plan described in Clause 2.19.3.2.(1)(d).

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

2.22.2. Appointment of Registered Code Agency under Subsection 4.2 (2) of the Act

2.22.2.1. Who May Appoint Registered Code Agency

(1) A person who is entitled under Sentence 2.4.1.1A.(1) to apply for a permit under Section 8 of the Act may, under Subsection 4.2 (2) of the Act, appoint a registered code agency to perform all of the functions described in Section 15.15 of the Act in respect of the construction of a building.

2.22.2.2. Manner of Appointment

(1) An appointment of a registered code agency under Subsection 4.2 (2) of the Act shall be made in writing and shall:

(a) specify the construction of the building to which the appointment relates,

(b) state that the registered code agency has been appointed to perform all of the functions described in Section 15.15 of the Act in respect of the construction of the building,

(d) not make the issuance of a certificate under the Act by the registered code agency a condition of entitlement to any fee to be paid to the registered code agency,

(e) not limit any civil liability that might arise from performance of any functions by the registered code agency under the appointment.

(2) Only a registered code agency that is registered under Article 2.19.3.2 in the registration class for “House” in Column 1 of Table 2.20.2.2. may be appointed under Sentence (1).

2.22.3. When a Registered Code Agency may not be Appointed or Continue to Act under an Appointment

2.22.3.1. General

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

(a) is not registered under Section 2.19 in respect of the class of registration to which the construction of the building relates, or

(b) is in breach of a condition of its registration under Article 2.19.3.7.

(2) Where under Subsection 2.3.1. the design and general review of construction of a building must be undertaken by an architect or professional engineer or both, a registered code agency may not be appointed to perform functions under Section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be.

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

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

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

(b) is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the building,

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

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

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

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

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

2.22.4. Additional Functions that Registered Code Agencies may be Appointed To Perform

2.22.4.1. General

(1) In addition to the functions described in Paragraphs 1 to 5 of Section 15.15 of the Act, a registered code agency may be appointed to perform the functions set out in Sentence 2.22.5.3.(5).

2.22.5. Manner in which Registered Code Agency shall Perform Functions

2.22.5.1. General

(1) The registered code agency shall perform the functions specified in an appointment in accordance with the Act and this Code and the quality management plan referred to in Clause 2.19.3.2.(1)(d).

(2) The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in the Supplementary Guidelines to the 1997 OBC.

2.22.5.2. Plans Review and Inspection Activities

(1) The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 2.19.3.2.(1)(b) or (c) in respect of the type of building set out in Column 3 of Table 2.20.2.2. for which the person is carrying out the activities.

(2) Not more than 180 days after the day a notice is given under Sentence 2.19.3.8.(1) by the director to the registered code agency, the registered code agency shall:

(a) ensure that plans review and inspection activities of the registered code agency in the category of qualification to which the notice relates are carried out by persons who have successfully completed all new examinations referred to in the notice, and

(b) provide the following information to the director:

(i) the name and residence address of the person, and

(ii) information required by the director about the examinations that the person or persons have successfully completed.

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

(4) The record required under Sentence (3) shall include:

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

(b) the date of the inspection,

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

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

(a) a copy of the order,

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

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

2.22.5.3. Issuance of Certificates by Registered Code Agencies

(1) Subject to Sentence (2), every certificate issued under the Act by a registered code agency shall, in accordance with the quality management plan referred to in Clause 2.19.3.2(1)(d), be signed by the registered code agency or, if the registered code agency is a corporation or partnership, by a person described in Clause 2.19.3.2.(1)(a).

(2) If the certificate is issued in respect of the construction of a building that would under Section 2.3.1. be required to be designed by and under the general review of an architect or professional engineer or both, the certificate shall also be signed on behalf of the registered code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agency.

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

(a) has been appointed to perform the functions described in Clause 4.1 (4) (a) or (c) of the Act or has been appointed under Subsection 4.2 (2) of the Act in respect of the proposed construction of the building to which the plans review certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 2.19.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

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

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

(a) has been appointed to perform the functions described in Clauses 4.1 (4) (a) to (c) of the Act or has been appointed under Subsection 4.2 (2) of the Act in respect of the construction or proposed construction of the building to which the change certificate applies,

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

(5) A registered code agency may issue a certificate for the occupancy of a building not fully completed if the registered code agency:

(a) has been appointed to perform the functions described in Clause 4.1 (4) (b) or (c) of the Act or has been appointed under Subsection 4.2 (2) of the Act in respect of the construction of the building to which the certificate for the occupancy of a building not fully completed applies,

(c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 2.4.3.1.(2)(a) to (q) of this Code.

(6) A registered code agency may issue a final certificate if the registered code agency:

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

2.22.5.4. Issuance of Orders by Registered Code Agencies

(1) Orders under Subsections 13 (6) and 14 (1) of the Act shall, in accordance with the quality management plan described in Clause 2.19.3.2.(1)(d), be signed by the registered code agency or a person described in Clause 2.19.3.2.(1)(a).

(2) Orders under Subsections 12 (2) and 13 (1) and Clause 18 (1) (f) of the Act shall, in accordance with the quality management plan described in Clause 2.19.3.2.(1)(d), be signed by the registered code agency or by a person described in Clause 2.19.3.2.(1)(b) or (c).

2.22.5.5. Authorized Persons

(1) Persons who possess the qualifications described in Clauses 2.19.3.2.(1)(a), (b) and (c) are prescribed for the purposes of Subsection 15.17 (1) of the Act.

(2) The certificate of authorization referred to in Subsection 15.17 (2) of the Act shall, in accordance with the quality management plan described in Clause 2.19.3.2.(1)(d), be signed by a representative of the registered code agency who is described in Clause 2.19.3.2.(1)(a) and shall contain the following information:

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

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

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

(d) the scope of the powers that may be exercised and the functions that may be performed by the authorized person,

(e) the date of issuance of the certificate.

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

2.22.5.6. Prohibition

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

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

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

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

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

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

(3) In this Article, “employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.

2.22.5.7. Information and Records

(1) The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 2.19.3.2.(1)(d).

(2) Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under this Act may be used only for the purpose of performing functions under an appointment under Subsections 4.1 (2) and 4.2 (2) of the Act and may be disclosed only:

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

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

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

2.22.6. Termination of Appointment of a Registered Code Agency

2.22.6.1. Termination of an Appointment Made under Subsection 4.1 (2) of the Act

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

2.22.6.2. Termination of an Appointment made under Subsection 4.2 (2) of the Act

(1) An appointment under Subsection 4.2 (2) of the Act of a registered code agency may not be terminated before the appointment expires under Section 15.19 of the Act without the written consent of the director.

(2) If the appointment of a registered code agency is terminated under Sentence (1), a registered code agency may not be appointed under Subsection 4.2 (2) of the Act to complete the first registered code agency’s functions without the written consent of the director.

(3) A person requesting a consent under Sentence (1) or (2) shall make the request in writing and shall provide the director with such information as the director may require.

(4) The director may impose conditions on a consent under Sentences (1) and (2).

2.22.7. Information to be Provided

2.22.7.1. Information to be Provided by a Principal Authority to the Director

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

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

2.22.7.2. Information to be Provided to the Director by a Person Who Appoints a Registered Code Agency under Subsection 4.2 (2) of the Act

(1) If it appears to a person who has appointed a registered code agency under Subsection 4.2 (2) of the Act that the registered code agency is no longer willing or able to carry out the functions for which the registered code agency was appointed, the person shall as soon as possible give notice of this situation to the director.

2.22.7.3. Information to be Provided to the Chief Building Official by a Person Who Appoints a Registered Code Agency under Subsection 4.2 (2) of the Act

2.22.7.4. Information to be Provided by a Registered Code Agency to the Director

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

2.22.7.5. Information to be Provided by a Registered Code Agency to the Chief Building Official

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

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

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

(b) all written records prepared by the registered code agency under Sentences 2.22.5.2.(3) and (4),

(d) records described in Sentence 2.7.1.1.(2) relating to the use of an equivalent material, system or building design under Section 9 of the Act, and

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

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

(a) within the time period specified in any agreement under Article 2.22.1.1. or appointment under Article 2.22.1.2 in respect of which the documents relate, whichever time period ends earlier,

(b) within 15 days after the expiry or termination of the appointment of the registered code agency in respect of which the documents relate, if there is no time period specified in the agreement or appointment referred to in Clause (a) or if the registered code agency is appointed under Subsection 4.2 (2) of the Act, or

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

(4) The requirements of Sentence (2) apply even if the registered code agency is no longer registered under Subsection 2.19.

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

(a) the location of the building, and

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

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

(7) Sentence (5) applies to:

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

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

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

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

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

2.22.8. Referral of Stop Work Order

2.22.8.1. Referral

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

(a) a report that contains the following information:

(i) a copy of the order made under Section 12 or 13 of the Act that was not complied with and of the order under Subsection 14 (2) of the Act,

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

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

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

(2) The report under Clause (1)(a) shall be signed, in accordance with the quality management plan described in Clause 2.19.3.2.(1)(d), by the registered code agency or, if the registered code agency is a corporation or partnership, by a person described in Clause 2.19.3.2.(1)(a).

2.23. Fees

2.23.1. Fees

2.23.1.1. Annual Report

(1) The report referred to in Subsection 7 (4) of the Act shall contain the following information in respect of fees authorized under Clause 7 (1) (c) of the Act:

(a) total fees collected in the 12-month period ending no earlier than three months before the release of the report,

(b) the direct and indirect costs of delivering services related to the administration and enforcement of the Act in the area of jurisdiction of the principal authority in the 12-month period referred to in Clause (1)(a),

(i) direct costs of administration and enforcement of the Act, including the review of applications for permits and inspection of buildings, and

(ii) indirect costs of administration and enforcement of the Act, including support and overhead costs, and

(d) if a reserve fund has been established for any purpose relating to the administration or enforcement of the Act, the amount of the fund at the end of the 12-month period referred to in Clause (a).

(2) The principal authority shall give notice of the preparation of a report under Subsection 7 (4) of the Act to every person and organization that has requested that the principal authority provide the person or organization with such notice and has provided an address for the notice.

2.23.1.2. Change of Fees

(1) Before passing a by-law, regulation or resolution under Clause 7 (1) (c) of the Act to introduce or change a fee imposed for applications for a permit or for the issuance of a permit, a principal authority shall

(a) hold at least one public meeting at which any person who attends has an opportunity to make representations with respect to the matter,

(b) ensure that a minimum of 21 days notice of the public meeting is given in accordance with Clause (c), including giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, requested that the principal authority provide the person or organization with such notice and has provided an address for the notice,

(i) sets out the intention of the principal authority to pass the by-law, regulation or resolution under Section 7 of the Act and whether the by-law, regulation or resolution would impose any fee that was not in effect on the day the notice is given or would change any fee that was in force on the day the notice is given,

(ii) is sent by regular mail to the last address provided by the person or organization that requested the notice in accordance with Clause (b), and

(iii) sets out the information described in Clause (d) or states that the information will be made available at no cost to any member of the public upon request, and

(d) make the following information available to the public:

(i) an estimate of the costs of administering and enforcing the Act by the principal authority,

(ii) the amount of the fee or of the change to the existing fee, and

(iii) the rationale for imposing or changing the fee.

Commencement

19. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (2) and 5 (1), sections 6 and 7, subsection 10 (1), section 15, subsection 16 (1) and section 17 come into force on the latest of,

(a) September 1, 2003;

(b) the day subsection 51 (11) of the Building Code Statute Law Amendment Act, 2002 comes into force; and

(3) Subsections 1 (1), (3) and (4), sections 2, 3 and 4, subsection 5 (2), sections 8 and 9, subsection 10 (2), sections 11, 12, 13 and 14, subsection 16 (2) and section 18 come into force on the later of,

(a) July 1, 2005; and

(b) the day section 8 of the Building Code Statute Law Amendment Act, 2002 comes into force.

O. Reg. 305/03: BUILDING CODE

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