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O. Reg. 434/22: BUILDING CODE
filed April 26, 2022 under Building Code Act, 1992, S.O. 1992, c. 23
Skip to contentontario regulation 434/22
made under the
Building Code Act, 1992
Made: April 26, 2022
Filed: April 26, 2022
Published on e-Laws: April 26, 2022
Printed in The Ontario Gazette: May 14, 2022
Amending O. Reg. 332/12
(BUILDING CODE)
1. (1) Section 1.3. of Division C of Ontario Regulation 332/12 is amended by adding the following Subsection:
1.3.7. Temporary Health or Residential Facilities
1.3.7.1. Application
(1) In this Subsection,
“proponent” means a person or entity described in clause (a) or (b) of the definition of “temporary health or residential facility”;
“temporary health or residential facility” means a building or structure that is used or intended to be used to provide, on a temporary basis for the purpose of responding to the COVID-19 pandemic and its effects, health care or sleeping accommodation, by or on behalf of,
(a) any health service provider as defined in paragraphs 1 to 5 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019, or
(b) any government, including, for greater certainty, a municipality.
1.3.7.2. Exemption
(1) The construction of a temporary health or residential facility and the conversion of all or part of an existing building or structure to a temporary health or residential facility are exempt from the requirement to obtain a permit under section 8 or 10 of the Act and are exempt from compliance with this Code.
1.3.7.3. Conditions for Occupancy
(1) Where construction is undertaken to establish a temporary health or residential facility, before the facility or a part of the facility can be occupied the following conditions must be satisfied:
1. An architect and a professional engineer have designed or taken responsibility for the design of the construction of the facility or the part of the facility and have provided the designs to the chief building official.
2. The chief building official has provided to the proponent an attestation that the chief building official has received the designs described in paragraph 1.
3. An architect and a professional engineer have,
i. undertaken a general review of the construction of the facility or the part of the facility,
ii. prepared written reports arising out of the general review, and
iii. provided the reports to the chief building official.
4. The chief building official has provided to the proponent an attestation that the chief building official has received the reports described in paragraph 3.
(2) Sentence (1) applies to a temporary health or residential facility or a part of the facility if the facility or the part of the facility is constructed and occupied on or after the day this Sentence comes into force.
1.3.7.4. Inspections
(1) A chief building official or an inspector shall, in accordance with Sentence (2), undertake an inspection of the temporary health or residential facility pursuant to subsection 15.9 (1) of the Act to determine whether the facility is unsafe as described in subsection 15.9 (2) of the Act.
(2) An inspection described in Sentence (1) shall be undertaken on or before the following dates:
1. The date the facility is occupied, or, where the facility is occupied in stages, the date each part of the facility is occupied.
2. A date that is not later than one month after the date of the previous inspection.
(3) For greater certainty, for the purpose of paragraph 2 of Sentence (2), if the temporary health or residential facility was inspected in accordance with Ontario Regulation 141/20 (Temporary Health or Residential Facilities) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, the date of the previous inspection is the date that it was last inspected under that Regulation.
(4) When undertaking an inspection required under Sentence (1), the inspector may consider reports concerning whether the temporary health or residential facility or part of the facility is unsafe as described in subsection 15.9 (2) of the Act.
(2) Subsection 1.3.7. of Division C of the Regulation, as made by subsection (1), is revoked.
Commencement
2. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 1 (2) comes into force on March 31, 2023.
Made by:
Steve Clark
Minister of Municipal Affairs and Housing
Date made: April 26, 2022