Building Code
Building Code Act, 1992
2022-04-29
Amending O. Reg. 332/12
Regulation is filed.
Ontario Regulation 451/22 made under the Building Code Act, 1992 Made: April 28, 2022 Filed: April 29, 2022 Published on e-Laws: April 29, 2022 Printed in The Ontario Gazette: May 14, 2022 Amending O. Reg. 332/12 (BUILDING CODE) 1. (1) The definition of “Combustible construction” in Clause 1.4.1.2.(1)(c) of Division A of Ontario Regulation 332/12 is amended by adding “or encapsulated mass timber construction” at the end. (2) Clause 1.4.1.2.(1)(c) of Division A of the Regulation is amended by adding the following definitions: Encapsulated mass timber construction means a type of construction in which a degree of fire safety is attained by the use of encapsulated mass timber elements with an encapsulation rating and minimum dimensions for structural members and other building assemblies. Encapsulation rating means the time in minutes that a material or assembly of materials will delay the ignition and combustion of encapsulated mass timber elements when it is exposed to fire under specified conditions of test and performance criteria, or as otherwise prescribed by this Code. 2. (1) Table 1.3.1.2. of Division B of the Regulation is amended by adding the following Item:   3.1 ANSI/APA PRG 320-2018 Standard for Performance-Rated Cross-Laminated Timber 3.1.6.3.(3)   (2) Items 79, 90, 98, 175, 196 and 346 of Table 1.3.1.2. of Division B of the Regulation are revoked and the following substituted:   79. ASTM C840-18b Application and Finishing of Gypsum Board 3.1.6.6.(2) Table 5.10.1.1.   . . . . .   90. ASTM C1396/C1396M-17 Gypsum Board 3.1.5.12.(6) 3.1.5.12A.(4) 3.1.6.6.(2) 3.1.6.15.(1) Table 5.10.1.1. Table 9.23.16.2.A. 9.29.5.2.(1) Table 9.29.5.3.   . . . . .   98. ASTM D2898-10 Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing 3.1.5.5.(3) 3.1.5.25.(1) 3.1.6.9.(6) 3.2.3.7.(5) 3.2.3.7.(7)   . . . . .   175. CSA CAN/CSA-A82.27-M91 Gypsum Board 3.1.5.12.(6) 3.1.5.12A.(4) 3.1.6.6.(2) 3.1.6.15.(1) 9.29.5.2.(1)   . . . . .   196. CSA A277-16 Procedure for Certification of Prefabricated Buildings, Modules, and Panels 9.1.1.9.(1) 1.12.1.1.(1) of Division C 3.1.1.1.(2) of Division C 3.2.4.1.(3) of Division C   . . . . .   346. MMAH Supplementary Standard SB-2, March 31, 2022 Fire Performance Ratings 3.1.5.23.(1) 3.1.6.9.(4) 3.1.6.10.(2) 3.1.7.1.(2) 3.1.8.14.(2) 3.1.9.5.(1) 3.1.12.1.(3) 3.2.3.12.(1) 3.2.3.13.(4) 3.13.2.1.(8) 3.13.3.5.(1) 3.13.3.6.(2) 3.13.4.2.(7) 9.10.3.1.(1) 9.10.3.2.(1) 9.10.5.1.(4) 9.10.9.9.(1)   (3) Table 1.3.1.2. of Division B of the Regulation is amended by adding the following Items:   415.1 ULC CAN/ULC-S146-19 Test for the Evaluation of Encapsulation Materials and Assemblies of Materials for the Protection of Structural Timber Elements 3.1.6.5.(1)   . . . . .   431.1 ULC CAN/ULC -S702.1-14 Standard for Mineral Fibre Thermal Insulation for Buildings, Part 1: Material Specification 3.1.6.3.(4)   3. Table 1.3.2.1. of Division B of the Regulation is amended by adding the following Item:   3.1 APA The Engineered Wood Association   4. (1) Sentence 3.1.3.1.(3) of Division B of the Regulation is amended by striking out “In a building within the scope of Article 3.2.2.43A.” at the beginning and substituting “In a building within the scope of Article 3.2.2.42A. or Article 3.2.2.43A.”. (2) Sentence 3.1.3.1.(4) of Division B of the Regulation is amended by striking out “In a building within the scope of Article 3.2.2.50A.” at the beginning and substituting “In a building within the scope of Article 3.2.2.49A. or Article 3.2.2.50A.”. (3) Article 3.1.3.1. of Division B of the Regulation is amended by adding the following Sentences: (4.1) In a building within the scope of Article 3.2.2.42A., a fire separation with a 2 h fire-resistance rating is required between the Group C major occupancy and storage garage. (4.2) In a building within the scope of Article 3.2.2.49A., a fire separation with a 1 h fire-resistance rating is required between the Group D and Group E or Group F, Division 2 or 3 major occupancies. 5. Subsection 3.1.6. of Division B of the Regulation is revoked and the following substituted: 3.1.6. Encapsulated Mass Timber Construction 3.1.6.1. Application (1) Encapsulated mass timber construction permitted in this Part shall conform to this Subsection. 3.1.6.2. Noncombustible Construction (1) Except as otherwise provided in this Part and Sentence 6.2.8.1.(1), materials used in a building or part of a building permitted to be of encapsulated mass timber construction shall conform to Subsection 3.1.5. 3.1.6.3. Structural Mass Timber Elements (1) Except as otherwise provided in this Subsection and Articles 3.2.2.16. and 3.2.3.19., a building or part of a building permitted to be of encapsulated mass timber construction is permitted to include structural mass timber elements, including beams, columns, arches and wall, floor and roof assemblies, provided they comply with Sentences (2) and (3). (2) Structural mass timber elements referred to in Sentence (1) shall, (a) except as provided in Sentence (4), be arranged in heavy solid masses containing no concealed spaces, (b) have essentially smooth flat surfaces with no thin sections or sharp projections, and (c) except as provided in Sentence 3.1.6.17.(1), conform to the minimum dimensions stated in Table 3.1.6.3. Table 3.1.6.3. Minimum Dimensions of Structural Mass Timber Elements in Encapsulated Mass Timber Construction Forming Part of Sentences 3.1.6.3.(2), 3.1.6.8.(1) and 3.1.6.17.(1)   Item Column 1 Structural Wood Elements Column 2 Minimum Thickness, mm Column 3 Minimum Width x Depth, mm x mm 1. Walls that are not fire separations or exterior walls (1-sided fire exposure) 96 N/A 2. Walls that require a fire-resistance rating, but are not fire separations (2-sided fire exposure) 192 N/A 3. Floors and roofs (1-sided fire exposure) 96 N/A 4. Beams, columns and arches (2- or 3-sided fire exposure) N/A 192 x 192 5. Beams, columns and arches (4-sided fire exposure) N/A 224 x 224   (3) Adhesives used in structural mass timber elements referred to in Sentence (1) that are constructed of cross-laminated timber shall conform to the elevated temperature performance requirements in ANSI/APA PRG 320, “Standard for Performance-Rated Cross-Laminated Timber”. (4) Concealed spaces are permitted within structural mass timber elements referred to in Sentence (2) and need not conform to Sentence 3.1.6.4.(1) provided the concealed spaces are, (a) sprinklered and divided into compartments by fire blocks in conformance with Subsection 3.1.11., (b) completely filled with rocks or slag fibre insulation conforming to CAN/ULC-S702.1 “Standard for Mineral Fibre Thermal Insulation for Buildings, Part 1: Material Specification” and having a density not less than 32 kg/m3, (c) if horizontal, lined with not less than a single layer of 12.7 mm thick Type X gypsum board or noncombustible material providing an encapsulation rating of not less than 25 min, or (d) if vertical, lined with not less than a single layer of 12.7 mm thick Type X gypsum board or noncombustible material providing an encapsulation rating of not less than 25 min and vertically divided into compartments by fire blocks in conformance with Subsection 3.1.11. 3.1.6.4. Encapsulation of Mass Timber Elements (1) Except as provided in Sentences (3) to (6), Sentence 3.1.6.3.(4), Articles 3.1.6.7. and 3.1.6.12. and Sentences 3.1.6.16.(2) and 3.1.6.17.(2), the exposed surfaces of structural mass timber elements conforming to Article 3.1.6.3. shall be protected from adjacent spaces in the building, including adjacent concealed spaces within wall, floor and roof assemblies, by a material or assembly of materials conforming to Sentence (2) that provides an encapsulation rating of not less than 50 min. (2) Except as provided in Sentence 3.1.6.11.(1), the material or assembly of materials referred to Sentence (1) shall consist of, (a) gypsum board, (b) gypsum concrete, (c) noncombustible materials, (d) materials that conform to Sentences 3.1.5.1.(2) to (4), or (e) any combination of materials listed in Clauses (a) to (d). (3) Except as provided in Sentence (5), the exposed surfaces of mass timber beams, columns and arches within a suite or fire compartment need not be protected in accordance with Sentence (1), provided, (a) the aggregate surface area does not exceed 10% of the total wall area of the perimeter of the suite or fire compartment in which they are located, and (b) the flame-spread rating on any exposed surface is not more than 150. (4) Except as provided in Sentences (5) and (6), the exposed surfaces of mass timber walls within a suite need not be protected in accordance with Sentence (1), provided, (a) each exposed surface faces the same direction, and (b) the flame-spread rating on any exposed surface is not more than 150. (5) The aggregate exposed surface area of mass timber elements within a suite permitted in Sentences (3) and (4) shall not exceed 35% of the total wall area of the perimeter of the suite. (6) The exposed surfaces of mass timber ceilings within a suite need not be protected in accordance with Sentence (1), provided the aggregate area of the exposed surfaces does not exceed, (a) 10% of the total ceiling area of the suite, where the exposed surfaces have a flame-spread rating not more than 150, or (b) 25% of the total ceiling area of the suite, where, (i) the suite contains no mass timber walls with exposed surfaces, and (ii) the exposed surfaces of the mass timber ceiling have a flame-spread rating not more than 75. 3.1.6.5. Determination of Encapsulation Ratings (1) Except as provided in Article 3.1.6.6., the rating of a material or assembly of materials that is required to have an encapsulation rating shall be determined on the basis of the results of the tests conducted in conformance with CAN/ULC-S146, “Test for the Evaluation of Encapsulation Materials and Assemblies of Materials for the Protection of Structural Timber Elements”. 3.1.6.6. Encapsulation Materials (1) Gypsum-concrete topping and concrete not less than 38 mm thick are deemed to have an encapsulation rating of 50 min when installed on the upper side of a mass timber floor or roof assembly. (2) Two layers of Type X gypsum board each not less than 12.7 mm thick are deemed to have an encapsulation rating of 50 min when installed on a mass timber element, provided they, (a) are fastened with a minimum of two rows of screws in each layer, (i) directly to the mass timber element with screws of sufficient length to penetrate not less than 20 mm into the mass timber element that are spaced not more than 400 mm o.c. and 20 mm to 38 mm from the boards’ edges, or (ii) to wood furring or resilient metal or steel furring channels not more than 25 mm thick spaced not more than 400 mm o.c. on the mass timber element, (b) are installed with the joints in each layer staggered from those in the adjacent layer, (c) are installed in conformance with ASTM C840, “Standard Specification for Application and Finishing of Gypsum Board”, except that their joints need not be taped and finished, and (d) conform to, (i) ASTM C1396/C1396M, “Gypsum Board”, or (ii) CAN/CSA A82.27-M, “Gypsum Board”. 3.1.6.7. Combustible Roofing Materials (1) Wood roof sheathing and roof sheathing supports that do not conform to Articles 3.1.6.3. and 3.1.6.4. are permitted in a building or part of a building permitted to be of encapsulated mass timber construction, provided they are installed, (a) above a concrete deck in accordance with Clauses 3.1.5.3.(2)(a) to (f), or (b) above a deck of encapsulated mass timber construction, where, (i) the deck is permitted to be encapsulated between the roof sheathing supports by a material or assembly of materials conforming to Sentence 3.1.6.4.(2) that provides an encapsulation rating of not less than 50 min, (ii) the height of the roof space is not more than 1 m, (iii) the roof space is divided into compartments by fire blocks in conformance with Article 3.1.11.5., (iv) openings through the deck other than for noncombustible roof drains and plumbing piping are protected by shafts constructed as fire separations having a fire-resistance rating not less than 1 h that extend from the deck to not less than 150 mm above the adjacent sheathing, and (v) except as permitted by Subclause (iv), the roof space does not contain any building services. (2) Combustible cant strips, roof curbs, nailing strips and similar components used in the installation of roofing are permitted on a building or part of a building permitted to be of encapsulated mass timber construction. (3) Wood nailer facings to parapets that are not more than 610 mm high are permitted on a building or part of a building permitted to be of encapsulated mass timber construction, provided the facings and any roof membranes covering the facings are protected by sheet metal. 3.1.6.8. Combustible Window Sashes and Frames (1) Combustible window sashes and frames are permitted in a building or part of a building permitted to be of encapsulated mass timber construction, provided, (a) each window in an exterior wall face is an individual unit separated from every other opening in the wall by noncombustible wall construction or mass timber wall construction conforming to the dimensions stated in Table 3.1.6.3., (b) windows in exterior walls in contiguous storeys are separated by not less than 1 m of noncombustible wall construction or mass timber wall construction conforming to the dimensions stated in Table 3.1.6.3., and (c) the aggregate area of openings in an exterior wall face of a fire compartment is not more than 40% of the area of the wall face. 3.1.6.9. Exterior Cladding (1) Except as provided in Sentences (2), (3) and (6), cladding on an exterior wall assembly of a building or part of a building permitted to be of encapsulated mass timber construction shall be noncombustible. (2) Except as provided in Sentences (3) to (5), cladding on an exterior wall assembly of a building or part of a building permitted to be of encapsulated mass timber construction is permitted to consist of, (a) combustible cladding that, (i) is not contiguous over more than 4 storeys, (ii) represents not more than 10% of the cladding on each exterior wall of each storey, (iii) is not more than 1.2 m in width, (iv) has a flame-spread rating not more than 75 on any exposed surface, or any surface that would by exposed by cutting through the material in any direction, (v) is separated from other portions of combustible cladding on adjacent storeys by a horizontal distance of not less than 2.4 m, and (vi) is separated from other portions of combustible cladding by a horizontal distance of not less than 1.2 m, (b) combustible cladding that, (i) is not contiguous across adjacent storeys, (ii) represents not more than 10% of the cladding on each exterior wall of each storey, (iii) has a flame-spread rating not more than 75 on any exposed surface, or any surface that would be exposed by cutting through the material in any direction, and (iv) is separated from other portions of combustible cladding on adjacent storeys by a horizontal distance of not less than 2.4 m, (c) combustible cladding representing up to 100% of the cladding on exterior walls of the first storey, provided all portions of the cladding can be directly accessed and are located not more than 15 m from a street or access route conforming to Article 3.2.5.6., measured horizontally from the face of the building, (d) except as provided in Sentence (4), a wall assembly that satisfies the criteria described in Clause 3.1.5.5.(1)(b), or (e) a combination of noncombustible cladding and the cladding described in Clauses (a) to (d). (3) The permitted area of combustible cladding referred to in Clause (2)(a) or (b) shall not exceed 5% of the cladding on each exterior wall of each storey where firefighting facilities cannot reach the building within 10 min of the alarm being received. (4) An exterior wall assembly constructed in conformance with Section 6 of MMAH Supplementary Standard SB-2, “Fire Performance Ratings” is deemed to satisfy the criteria of Clause (2)(d). (5) Except as provided in Article 3.2.3.10., where the limiting distance in Table 3.2.3.1.D. or Table 3.2.3.1.E. permits an area of unprotected openings of not more than 10% of the exposing building face, the construction requirements of Table 3.2.3.7. shall be met. (6) A wall assembly conforming to Clause (2)(d) that includes combustible cladding made of fire-retardant-treated wood shall be tested for fire exposure after the cladding has been subjected to the accelerated weathering test specified in ASTM D2898, “Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing”. (7) Where combustible cladding conforming to Clause (2)(a) or (b) on an exterior wall of a fire compartment is exposed to combustible cladding conforming to Clause (2)(a) or (b) on an exterior wall of the same fire compartment or of another fire compartment, and the planes of the two walls are parallel or at an angle less than 135° measured from the exterior of the building, the different portions of combustible cladding shall, (a) be separated by a horizontal distance of not less than 3 m, and (b) not be contiguous over more than 2 storeys. 3.1.6.10. Combustible Components in Exterior Walls (1) Except as provided in Sentence (2), combustible components, other than those permitted by Article 3.1.6.9., are permitted to be used in an exterior wall assembly of a building or part of a building permitted to be of encapsulated mass timber construction provided the wall assembly meets the requirements of Clause 3.1.6.9.(2)(d). (2) An exterior wall assembly constructed in conformance with Section 6 in MMAH Supplementary Standard SB-2, “Fire Performance Ratings” is deemed to satisfy the criteria of Sentence (1). (3) Non-loadbearing wood elements permitted in Article 3.1.5.5. need not conform to Article 3.1.6.3. in a building or part of a building permitted to be of encapsulated mass timber construction. 3.1.6.11. Nailing Elements (1) Wood nailing elements are permitted to be used for the attachment of a material or assembly of materials to provide an encapsulation rating in a building or part of a building permitted to be of encapsulated mass timber construction, provided the concealed space created by the wood nailing elements is not more than 25 mm deep. (2) Except as permitted by Sentence 3.1.6.16.(2) and Article 3.1.6.6., wood nailing elements are permitted to be used for the attachment of interior finishes in a building or part of a building permitted to be of encapsulated mass timber construction, provided the concealed space created by the wood nailing elements is not more than 50 mm deep and, (a) exposed surfaces in the concealed space have a flame-spread rating not more than 25, or (b) the concealed space is filled with noncombustible insulation. 3.1.6.12. Combustible Flooring Elements (1) Wood members that are more than 50 mm but not more than 300 mm high are permitted to be used for the construction of a raised platform in a building or part of a building permitted to be of encapsulated mass timber construction, and they need not conform to Articles 3.1.6.3. and 3.1.6.4., provided, (a) the concealed spaces created by the wood members are divided into compartments by fire blocks in conformance with Sentence 3.1.11.3.(4), and (b) the wood members are, (i) applied directly to or set into a noncombustible floor slab, or (ii) applied directly to a mass timber floor assembly that conforms to the requirements of Article 3.1.6.3. (2) The upper surface of the mass timber floor assembly referred to in Subclause (1)(b)(ii) is permitted to be encapsulated only between the wood members by a material or assembly of materials conforming to Sentences 3.1.6.4.(1) and (2). (3) The floor system for the raised platform referred to in Sentence (1) is permitted to include a combustible subfloor and combustible finished flooring. 3.1.6.13. Combustible Stairs (1) Wood stairs and landings conforming to the requirements for floor assemblies in Article 3.1.6.3. and Sentences 3.1.6.4.(1) and (2) are permitted in an exit stairwell in a building or part of a building permitted to be of encapsulated mass timber construction. (2) Wood stairs in a suite in a building or part of a building permitted to be of encapsulated mass timber construction need not conform to Articles 3.1.6.3. and 3.1.6.4. 3.1.6.14. Combustible Interior Finishes (1) Except as provided in Sentences (2) and (3), combustible interior wall and ceiling finishes referred to in Clause 3.1.13.1.(1)(b) that are not more than 1 mm thick are permitted in a building or part of a building permitted to be of encapsulated mass timber construction. (2) Except as provided in Sentences 3.1.6.4.(3) and (4), combustible interior wall finishes, other than foamed plastics, that are not more than 25 mm thick are permitted in a building or part of a building permitted to be of encapsulated mass timber construction, provided they have a flame-spread rating not more than 150 on any exposed surface or any surface that would be exposed by cutting through the material in any direction. (3) Except as provided in Sentences (4) and 3.1.6.4.(3) and (6), combustible interior ceiling finishes, other than foamed plastics, are permitted in a building or part of a building permitted to be of encapsulated mass timber construction, provided that, (a) they have a flame-spread rating not more than 25 on any exposed surface or any surface that would be exposed by cutting through the material in any direction, and (b) not more than 10% of the ceiling area within each fire compartment is permitted to have a flame-spread rating not more than 150. (4) Combustible interior ceiling finishes made of fire-retardant-treated wood are permitted in a building or part of a building permitted to be of encapsulated mass timber construction, provided they are not more than 25 mm thick or are exposed fire-retardant-treated wood battens. 3.1.6.15. Combustible Elements in Partitions (1) Solid lumber partitions not less than 38 mm thick and partitions containing wood framing that do not conform to Article 3.1.6.3. are permitted in a building or part of a building permitted to be of encapsulated mass timber construction, provided the partitions are, (a) protected on each face with not less than, (i) a single layer of 12.7 mm thick Type X gypsum board, with all joints either backed or taped and filled, conforming to ASTM C1396/C1396M, “Standard Specification for Gypsum Board”, or CAN/CSA A82.27-M, “Gypsum Board”, (ii) a single layer of 19 mm thick fire-retardant-treated wood, on solid lumber partitions, or (iii) a single layer of 19mm thick fire-retardant-treated wood, on partitions containing wood framing, with wood stud cavities filled with noncombustible insulation, and (b) not installed as enclosures for exits or vertical service spaces. 3.1.6.16. Exposed Construction Materials and Components in Concealed Spaces (1) Except as provided in Sentence (2) and Article 3.1.11.7., and except as otherwise provided in this Subsection, only construction materials and components permitted in noncombustible construction shall be permitted to have exposed surfaces in concealed spaces within floor, roof and wall assemblies permitted in a building or part of a building permitted to be of encapsulated mass timber construction. (2) Exposed surfaces are permitted in a concealed space created by the attachment of a material or assembly of materials conforming to Sentence 3.1.6.4.(1), provided the concealed space is not more than 25 mm deep. 3.1.6.17. Penetration by Outlet Boxes (1) The minimum dimensions stated in Table 3.1.6.3. need not apply at cutouts in vertical or horizontal structural mass timber elements where outlet boxes are installed in accordance with Article 3.1.9.3A. (2) The exposed surfaces of the cutouts described in Sentence (1) need not be protected in accordance with Sentence 3.1.6.4.(1). (3) Outlet boxes on opposite sides of a structural mass timber element having a fire-resistances rating shall be separated by a distance of not less than 600 mm. 6. Sentence 3.1.7.5.(3) of Division B of the Regulation is revoked and the following substituted: (3) Except as provided in Sentence (4) and for noncombustible roof assemblies required by Subclauses 3.2.2.43A.(2)(c)(i) and 3.2.2.50A.(2)(c)(i), if an assembly is required to be of noncombustible construction and have a fire-resistance rating, it shall be supported by noncombustible construction. (4) Except for parts of a building constructed in accordance with Article 3.2.2.7. that are required to be of noncombustible construction, assemblies of noncombustible construction in buildings or parts of buildings permitted to be of encapsulated mass timber construction are permitted to be supported by encapsulated mass timber construction. 7. Article 3.1.11.3. of Division B of the Regulation is amended by adding the following Sentences: (3) In a building or part of a building permitted to be of encapsulated mass timber construction, a concealed space in which there is an exposed ceiling finish with a flame-spread rating more than 25 shall be provided with fire blocks conforming to Article 3.1.11.7. between wood nailing elements so that the maximum area of the concealed space is not more than 2 m2. (4) In a building or part of a building permitted to be of encapsulated mass timber construction, fire blocks conforming to Article 3.1.11.7. shall be provided in the concealed spaces created by the wood members permitted by Sentence 3.1.6.12.(1) so that the maximum area of a concealed space is not more than 10 m2. 8. (1) Article 3.1.11.5. of Division B of the Regulation is amended by adding the following Sentence: (3.1) Except for crawl spaces conforming to Sentence 3.1.11.6.(1) and except as provided in Sentence (4), in buildings or parts of buildings conforming to Article 3.2.2.42A. or 3.2.2.49A., horizontal concealed spaces within a floor assembly or roof assembly of encapsulated mass timber construction shall be separated by construction conforming to Article 3.1.11.7. into compartments that are not more than, (a) 600 m2 in area with no dimension more than 60 m, if the exposed construction materials within the space have a flame-spread rating not more than 25, and (b) 300 m2 in area with no dimension more than 20 m, if the exposed construction materials within the space have a flame-spread rating not more than 25. (2) Sentence 3.1.11.5.(4) of Division B of the Regulation is amended by striking out “Sentence (3) does not apply” and substituting “Sentences (3) and (3.1) do not apply”. 9. (1) Article 3.1.11.7. of Division B of the Regulation is amended by adding the following Sentence: (3.1) In a building or part of a building permitted to be of encapsulated mass timber construction, wood nailing elements referred to in Article 3.1.6.11. need not be tested in conformance with Sentence (1). (2) Sentence 3.1.11.7.(4) of Division B of the Regulation is amended by striking out “in a combustible roof system permitted by Sentence 3.1.5.3.(2), and in a raised platform permitted by Sentence 3.1.5.8.(2)” in the portion before Clause (a) and substituting “in a combustible roof system permitted by Sentences 3.1.5.3.(2) and 3.1.6.7.(1), and in a raised platform permitted by Sentence 3.1.5.8.(2) or 3.1.6.12.(1)”. 10. Subsection 3.1.13. of Division B of the Regulation is amended by adding the following Article: 3.1.13.12. Encapsulated Mass Timber Construction (1) In a building or part of a building permitted to be of encapsulated mass timber construction, (a) the flame-spread ratings required by Subsection 3.1.6. shall apply in addition to the requirements in this Subsection, and (b) the flame-spread ratings for exits required by this Subsection shall also apply to any surface in the exit that would be exposed by cutting through the material in any direction, except that this requirement does not apply to doors, structural mass timber elements conforming to Sentence 3.1.6.4.(3), heavy timber construction and fire-retardant-treated wood. 11. (1) Sentence 3.1.15.2.(1) of Division B of the Regulation is amended by striking out “Except as provided by Sentences (2) and (3)” and substituting “Except as provided in Sentences (2) to (4)”. (2) Article 3.1.15.2. of Division B of the Regulation is amended by adding the following Sentence: (4) Roof coverings in buildings or parts of buildings permitted to be of encapsulated mass timber construction shall have a Class A classification. 12. (1) Subclause 3.2.1.2.(2)(b)(ii) of Division B of the Regulation is amended by adding “or encapsulated mass timber construction” after “combustible construction”. (2) Subclause 3.2.1.2.(2)(c)(ii) of Division B of the Regulation is amended by adding “or encapsulated mass timber construction” at the end. 13. Sentence 3.2.2.6.(1) of Division B of the Regulation is amended by striking out “Except as permitted by Articles 3.2.2.7. and 3.2.2.8. and Sentences 3.2.2.43A.(5) and 3.2.2.50A.(4)” at the beginning and substituting “Except as permitted by Articles 3.2.2.7. and 3.2.2.8. and Sentences 3.2.2.42A.(4), 3.2.2.43A.(5), 3.2.2.49A.(3) and 3.2.2.50A.(4)”. 14. Sentence 3.2.2.7.(1) of Division B of the Regulation is amended by striking out “Except as permitted by Article 3.2.2.8. and Sentences 3.2.2.43A.(5) and 3.2.2.50A.(4)” at the beginning and substituting “Except as permitted by Article 3.2.2.8. and Sentences 3.2.2.42A.(4), 3.2.2.43A.(5), 3.2.2.49A.(3) and 3.2.2.50A.(4)”. 15. (1) Sentence 3.2.2.11.(1) of Division B of the Regulation is amended by adding “Except as provided in Sentence (2)” at the beginning. (2) Article 3.2.2.11. of Division B of the Regulation is amended by adding the following Sentence: (2) The floor assembly of an exterior balcony in a building or part of a building conforming to Article 3.2.2.42A. or 3.2.2.49A. shall, (a) be of noncombustible construction, or (b) be constructed in accordance with Article 3.1.6.3., but need not comply with Sentence 3.1.6.4.(1). 16. Subsection 3.2.2. of Division B of the Regulation is amended by adding the following Articles: 3.2.2.42A. Group C, up to 12 Storeys, Sprinklered, Encapsulated Mass Timber Construction (1) A building classified as Group C is permitted to conform to Sentence (2), provided, (a) it is sprinklered, (b) it is not more than 12 storeys in building height, (c) it has a height of not more than 42 m measured between the floor of the first storey and the uppermost floor level that does not serve as a rooftop enclosure for elevator machinery, a stairway or a service room used for no purpose other than for service to the building, and (d) it has a building area not more than 6 000 m2. (2) Except as provided in Article 3.2.2.16., the building referred to in Sentence (1) is permitted to be of encapsulated mass timber construction or noncombustible construction, used singly or in combination, and, (a) except as provided in Sentence (3), floor assemblies shall be fire separations with a fire-resistance rating not less than 2 h, (b) mezzanines shall have a fire-resistance rating not less than 1 h, and (c) loadbearing walls, columns and arches shall have a fire-resistance rating not less than that required for the supported assembly. (3) In a building that contains dwelling units that have more than 1 storey, subject to the requirements of Sentence 3.3.4.2.(3), the floor assemblies, including floors over basements, that are entirely contained within these dwelling units shall have a fire-resistance rating not less than 1 h but need not be constructed as fire separations. (4) Group A, Division 2 major occupancies, Group E major occupancies and storage garages located in a building or part of a building within the scope of this Article are permitted to be constructed in accordance with this Article, provided, (a) the Group A, Division 2 major occupancy is located below the fourth storey, (b) the Group E major occupancy is located below the third storey, and (c) the storage garage is located below the fifth storey. . . . . . 3.2.2.49A. Group D, up to 12 Storeys, Sprinklered, Encapsulated Mass Timber Construction (1) A building classified as Group D is permitted to conform to Sentence (2), provided, (a) it is sprinklered, (b) it is not more than 12 storeys in building height, (c) it has a height of not more than 42 m measured between the floor of the first storey and the uppermost floor level that does not serve as a rooftop enclosure for elevator machinery, a stairway or a service room used for no purpose other than for service to the building, and (d) it has a building area not more than 7 200 m2. (2) Except as provided in Article 3.2.2.16., the building referred to in Sentence (1) is permitted to be of encapsulated mass timber construction or nonconbustible construction, used singly or in combination, and, (a) floor assemblies shall be fire separations with a fire-resistance rating not less than 2 h, (b) mezzanines shall have a fire-resistance rating not less than 1 h, and (c) loadbearing walls, columns and arches shall have a fire-resistance rating not less than that required for the supported assembly. (3) Group A, Division 2 major occupancies, Group E major occupancies, Group F, Division 2 and 3 major occupancies and storage garages located in a building or part of a building within the scope of this Article are permitted to be constructed in accordance with this Article, provided, (a) the Group A, Division 2 major occupancy is located below the fourth storey, (b) the Group E major occupancy and Group F, Division 2 or 3 major occupancy are located below the third storey, and (c) the storage garage is located below the fifth storey. 17. (1) Sentence 3.2.3.7.(3) of Division B of the Regulation is amended by striking out “Except as provided by Sentences (4) to (6) and Articles 3.2.3.10. and 3.2.3.11.” at the beginning and substituting “Except as provided by Sentences (4) to (6) and Articles 3.1.6.9., 3.2.3.10. and 3.2.3.11.”. (2) Table 3.2.3.7. of Division B of the Regulation is revoked and the following substituted: Table 3.2.3.7. Minimum Construction Requirements for Exposing Building Faces Forming Part of Sentences 3.2.3.7.(1) and (8)   Column 1 Item Column 2 Occupancy Classification of Building or Fire Compartment Column 3 Maximum Area of Unprotected Openings Permitted, % of Exposing Building Face Area Column 4 Minimum Required Fire-Resistance Rating Column 5 Type of Construction Required Column 6 Type of Cladding Required 1. Group A, B, C, D, or Group F, Division 3 0 to 10 1h Noncombustible Noncombustible 2. Group A, B, C, D, or Group F, Division 3 > 10 to 25 1h Combustible, Encapsulated Mass Timber Construction, or Noncombustible Noncombustible 3. Group A, B, C, D, or Group F, Division 3 > 25 to 50 45 min Combustible, Encapsulated Mass Timber Construction, or Noncombustible Noncombustible 4. Group A, B, C, D, or Group F, Division 3 > 50 to < 100 45 min Combustible, Encapsulated Mass Timber Construction, or Noncombustible Combustible or Noncombustible(1)(2) 5. Group E, or Group F, Division 1 or 2 0 to 10 2 h Noncombustible Noncombustible 6. Group E, or Group F, Division 1 or 2 > 10 to 25 2 h Combustible, Encapsulated Mass Timber Construction, or Noncombustible Noncombustible 7. Group E, or Group F, Division 1 or 2 > 25 to 50 1 h Combustible, Encapsulated Mass Timber Construction, or Noncombustible Noncombustible 8. Group E, or Group F, Division 1 or 2 > 50 to < 100 1 h Combustible, Encapsulated Mass Timber Construction, or Noncombustible Combustible or Noncombustible(1)(2)   Notes to Table 3.2.3.7.: (1) Cladding for buildings over 4 storeys in building height within the scope of Article 3.2.2.43A. or 3.2.2.50A. or for fire compartments in such buildings is required to be noncombustible. (2) The cladding on Group C buildings or parts thereof conforming to Article 3.2.2.42A. and on Group D buildings or parts thereof conforming to Article 3.2.2.49A. shall conform to Sentence 3.1.6.9.(2) or be noncombustible. 18. (1) Article 3.2.3.19. of Division B of the Regulation is amended by adding the following Sentence: (2.1) Except as provided in Sentence (3), a walkway connected to a building or part of a building permitted to be of encapsulated mass timber construction shall be of noncombustible construction or encapsulated mass timber construction. (2) Sentence 3.2.3.19.(3) of Division B of the Regulation is amended by striking out “A walkway connected to a building required to be of noncombustible construction” at the beginning of the portion before Clause (a) and substituting “A walkway connected to a building required to be of noncombustible construction or to a building or part of a building permitted to be of encapsulated mass timber construction”. 19. Sentence 3.2.5.13.(7) of Division B of the Regulation is amended by striking out “within the scope of Article 3.2.2.43A. or 3.2.2.50A.” in the portion before Clause (a) and substituting “within the scope of Article 3.2.2.42A., 3.2.2.43A., 3.2.2.49A. or 3.2.2.50A.”. 20. (1) Sentence 3.2.6.1.(1) of Division B of the Regulation is amended by adding “Except as provided in Sentence (2)” at the beginning of the portion before Clause (a). (2) Article 3.2.6.1. of Division B of the Regulation is amended by adding the following Sentence: (2) This Subsection applies to a building or part of a building constructed in conformance with Article 3.2.2.49A. in which the floor level of the highest storey is more than 18 m above grade. 21. Clause 3.6.4.3.(1)(a) of Division B of the Regulation is amended by striking out “and” at the end of Subclause (iv) and by adding the following Subclause: (iv.1) totally enclosed nonmetallic raceways with an FT6 rating, when tested in accordance with Clause 3.1.5.20.(1)(a), in buildings required to be of noncombustible construction or in buildings or parts of buildings permitted to be of encapsulated mass timber construction, and 22. Table 4.1.8.9. of Division B of the Regulation is revoked and the following substituted: Table 4.1.8.9. SFRS Ductility-Related Force Modification Factors, Rd, Overstrength-Related Force Modification Factors, Ro, and General Restrictions (1) Forming Part of Sentences 4.1.8 9.(1) and (5)   Item Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8   Type of SFRS     Restrictions(2)           Rd Ro Cases Where IEFaSa(0.2) Cases Where IEFvSa(1.0)         0.3 1. Steel Structures Designed and Detailed According to CSA S16(3)             Ductile moment-resisting frames 5.0 1.5 NL NL NL NL NL   Moderately ductile moment-resisting frames 3.5 1.5 NL NL NL NL NL   Limited ductility moment-resisting frames 2.0 1.3 NL NL 60 30 30   Moderately ductile concentrically braced frames                 Tension-compression braces 3.0 1.3 NL NL 40 40 40   Tension only braces 3.0 1.3 NL NL 20 20 20   Limited ductility concentrically braced frames                 Tension-compression braces 2.0 1.3 NL NL 60 60 60   Tension only braces 2.0 1.3 NL NL 40 40 40   Ductile buckling-restrained braced frames 4.0 1.2 NL NL 40 40 40   Ductile eccentrically braced frames 4.0 1.5 NL NL NL NL NL   Ductile plate walls 5.0 1.6 NL NL NL NL NL   Limited ductility plate walls 2.0 1.5 NL NL 60 60 60   Conventional construction of moment-resisting frames, braced frames or plate walls                 Assembly occupancies 1.5 1.3 NL NL 15 15 15   Other occupancies 1.5 1.3 NL NL 60 40 40   Other steel SFRS(s) not defined above 1.0 1.0 15 15 NP NP NP 2. Concrete Structures Designed and Detailed According to CSA A23.3           Ductile moment-resisting frames 4.0 1.7 NL NL NL NL NL   Moderately ductile moment-resisting frames 2.5 1.4 NL NL 60 40 40   Ductile coupled walls 4.0 1.7 NL NL NL NL NL   Moderately ductile coupled walls 2.5 1.4 NL NL NL 60 60   Ductile partially coupled walls 3.5 1.7 NL NL NL NL NL   Moderately ductile partially coupled walls 2.0 1.4 NL NL NL 60 60   Ductile shear walls 3.5 1.6 NL NL NL NL NL   Moderately ductile shear walls 2.0 1.4 NL NL NL 60 60   Conventional construction                 Moment-resisting frames 1.5 1.3 NL NL 20 15 10(4)   Shear walls 1.5 1.3 NL NL 40 30 30   Two-way slabs without beams 1.3 1.3 20 15 NP NP NP   Tilt-up Construction                 Moderately ductile walls and frames 2.0 1.3 30 25 25 25 25   Limited ductility walls and frames 1.5 1.3 30 25 20 20 20(5)   Conventional walls and frames 1.3 1.3 25 20 NP NP NP   Other concrete SFRS(s) not listed above 1.0 1.0 15 15 NP NP NP 3. Timber Structures Designed and Detailed According to CSA O86             Shear walls                 Nailed shear walls: wood-based panel 3.0 1.7 NL NL 30 20 20   Shear walls: wood-based and gypsum panels in combination 2.0 1.7 NL NL 20 20 20   Moderately ductile cross-laminated timber shear walls: platform-type construction 2.0 1.5 30 30 30 20 20   Limited ductility cross-laminated timber shear walls: platform-type construction 1.0 1.3 30 30 30 20 20   Braced or moment-resisting frames with ductile connections                 Moderately ductile 2.0 1.5 NL NL 20 20 20   Limited ductility 1.5 1.5 NL NL 15 15 15   Other wood-or gypsum-based SFRS(s) not listed above 1.0 1.0 15 15 NP NP NP 4. Masonry Structures Designed and Detailed According to CSA S304           Ductile shear walls 3.0 1.5 NL NL 60 40 40   Moderately ductile shear walls 2.0 1.5 NL NL 60 40 40   Conventional construction                 Shear walls 1.5 1.5 NL 60 30 15 15   Moment-resisting frames 1.5 1.5 NL 30 NP NP NP   Unreinforced masonry 1.0 1.0 30 15 NP NP NP   Other masonry SFRS(s) not listed above 1.0 1.0 15 NP NP NP NP 5. Cold-Formed Steel Structures Designed and Detailed According to CSA S136         Shear walls                 Screw-connected shear walls - wood-based panel 2.5 1.7 20 20 20 20 20   Screw-connected shear walls - wood-based and gypsum panels in combination 1.5 1.7 20 20 20 20 20   Diagonal strap concentrically braced walls                 Limited ductility 1.9 1.3 20 20 20 20 20   Conventional construction 1.2 1.3 15 15 NP NP NP   Other cold-formed SFRS(s) not listed above 1.0 1.0 15 15 NP NP NP   Notes to Table 4.1.8.9.: (1) See Article 4.1.8.10. (2) NP = system is not permitted. NL = system is permitted and not limited in height as an SFRS; height may be limited in other Parts of this Code. Numbers in Columns 4 to 8 are maximum height limits above grade in m. The most stringent requirement governs. (3) Higher design force levels are prescribed in CSA S16 for some heights of buildings. (4) Frames limited to a maximum of 2 storeys. (5) Frames limited to a maximum of 3 storeys. 23. Article 4.1.8.10. of Division B of the Regulation is amended by adding the following Sentence: (4.1) For buildings where IEFaSa(0.2) is equal to or greater than 0.35 or IEFvSa(1.0) is equal to or greater than 0.2 that are constructed with more than 4 storeys of continuous wood construction, timber SFRSs consisting of moderately ductile or limited ductility cross-laminated timber shear walls, platform-type construction, as defined in Table 4.1.8.9., within the continuous wood construction shall not have Type 4, 5, 6, 8, or 9 irregularities as described in Table 4.1.8.6. 24. (1) Clause 6.2.3.2.(2)(b) of Division B of the Regulation is revoked and the following substituted: (b) conform to Article 3.1.5.15. in a building required to be of noncombustible construction or in a building or part of a building permitted to be of encapsulated mass timber construction, (2) Clause 6.2.3.2.(2)(d) of Division B of the Regulation is revoked and the following substituted: (d) are used only in horizontal runs in a building required to be of noncombustible construction or in a building or part of a building permitted to be of encapsulated mass timber construction, 25. Sentence 6.2.8.1.(1) of Division B of the Regulation is revoked and the following substituted: (1) A noncombustible lining or backing shall be provided for every steam or hot water radiator and convector, (a) located in a recess or concealed space, or (b) attached to the face of a wall of combustible construction or encapsulated mass timber construction. 26. Sentence 6.2.9.2.(3) of Division B of the Regulation is revoked and the following substituted: (3) Except as permitted by Sentence (7), where combustible insulation is used on piping in horizontal service space or a vertical service space, the insulation and coverings on that piping shall have a flame-spread rating on any exposed surface and on any surface that would be exposed by cutting through the material in any direction, (a) not more than 25 in a building required to be of noncombustible construction or in a building or part of a building permitted to be of encapsulated mass timber construction, or (b) not more than 75 in a building permitted to be of combustible construction. 27. Sentence 9.1.1.9.(1) of Division B of the Regulation is revoked and the following substituted: (1) Except as provided in Sentence (2), a manufactured building or manufactured part of a building is deemed to comply with this Code if it is designed and constructed in compliance with, (a) CSA Z240.2.1, “Structural Requirements for Manufactured Homes”, if the building is constructed in sections not wider than 4.88 m, or (b) CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels”. 28. Article 1.3.1.1. of Division C of the Regulation is amended by adding the following Sentence: (6) A shed is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code, provided that the shed, (a) is not more than 15 m2 in gross area, (b) is not more than one storey in building height, (c) is not attached to a building or any other structure, (d) is used only for storage purposes ancillary to a principal building on the lot, and (e) does not have plumbing. 29. Sentence 1.3.3.1. (2) of Division C of the Regulation is amended by striking out “Article 1.3.3.4. or 1.3.3.5 applies” at the end and substituting “Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. applies”. 30. Clause 1.3.3.6.(4)(b) of Division C of the Regulation is amended by striking out “1.3.3.4.(4)(a) to (i) or 1.3.3.5.(3)(a) to (r)” and substituting “1.3.3.4.(4)(a) to (i), 1.3.3.5.(3)(a) to (r) or 1.3.3.7.(8)(a) to (y)”. 31. Section 1.3.3. of Division C of the Regulation is amended by adding the following Article: 1.3.3.7. Occupancy Permit — Super Tall Buildings (1) This Article applies to a building, (a) that is 65 or more storeys in building height or more than 250 m in height, and (b) for which the applicant for the permit has provided notice in accordance with Sentence (6) to the chief building official that they intend to occupy or permit the building or part of the building to be occupied in accordance with this Article. (2) This Article applies to the occupation of a building where the structure and enclosing walls of the building are not completed to the roof. (3) For greater certainty, once the structure and enclosing walls of the building are completed to the roof, Article 1.3.3.1. applies to the authorization of occupation of the remainder of the building. (4) This Article does not permit the occupation of exterior balconies, podiums, terraces, platforms and contained open spaces. (5) This Article does not permit occupation if the means of egress are located on faces of the building where there is overhead lifting of heavy construction materials, elements and equipment. (6) The notice described in Clause (1)(b) must have been provided to the chief building official, (a) on or before December 1, 2022, where the first application for a permit under section 8 of the Act in respect of the building was made on or before November 1, 2022, or (b) at the time the first application for a permit under section 8 of the Act is made in respect of the building, where the application was made after November 1, 2022. (7) No person shall occupy or permit to be occupied a building or part of a building described in Sentence (1) unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (8). (8) The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building where, (a) the structure of the building or part of it is completed to the floor of the storey that is 10 storeys above the uppermost storey to be occupied, other than parts of the floor-ceiling assemblies that are unable to be completed because of the ongoing construction, (b) the enclosing walls of the building or part of the enclosing walls are completed to the floor of the storey that is 5 storeys above the uppermost storey to be occupied, (c) the walls enclosing the space to be occupied are completed, including balcony guards, (d) all required fire separations and doors, including door hardware and self-closing devices, are completed on all storeys up to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,   (e) all required closures are completed on all storeys up to and including the uppermost storey to be occupied, (f) all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails, from the uppermost floor to be occupied down to grade level and below if an exit connects with lower storeys, (g) all shafts, including closures, are completed to the floor-ceiling assembly that is 5 storeys above the uppermost storey to be occupied and have a temporary fire separation at such assembly, (h) all shafts in the parts of the building that are incomplete or are still under construction are protected against falling objects, (i) where there is a crane mast inside the building, walls acting as guards shall, (i) separate the crane mast from the parts of the building to be occupied, and (ii) be designed and constructed to withstand the loading values specified in Sentence 4.1.5.15.(1) of Division B, where the crane mast or part of the crane mast is located in a storage garage, (j) the ceiling of the floor-ceiling assembly above the uppermost storey to be occupied is complete and weather-tight and the floor-ceiling assembly is insulated to prevent condensation, (k) measures have been taken to, (i) separate the parts of the building to be occupied from the parts of the building and site that are incomplete or still under construction, (ii) prevent access to parts of the building and site that are incomplete or still under construction, and (iii) protect occupants and members of the public while construction is ongoing, (l) floors, halls, lobbies and required means of egress are free of loose materials and other hazards, (m) if service rooms should be in operation, required fire separations and closures are completed, (n) all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied, (o) required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied, (p) required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied, (q) required ventilation is installed and operational for the floor areas to be occupied, (r) required sprinkler, fire alarm and smoke control systems, along with required pumper connections for the sprinklers, are complete and operational up to and including the storey to be occupied, (s) required standpipe systems are installed and operational up to the storey below the uppermost storey for which the structure of the building is complete, including required pumper connections for such standpipe systems, (t) required fire extinguishers have been installed on all storeys to be occupied and for which the structure of the building is complete, (u) main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied, (v) required firefighting access routes have been provided and are accessible, (w) required elevators for use by firefighters are complete and tested as operational up to and including the storey immediately above the uppermost storey to be occupied, (x) a covered way is installed and complete over all required means of egress from the building, and all other areas on the property that can be accessed by occupants of the building, that, (i) has an unobstructed height of at least 2400 mm, (ii) has an unobstructed width of at least the width of the means of egress, (iii) is capable of supporting any loads likely to be encountered as determined by a professional engineer, including snow loads and impact loads from construction, (iv) has a weather-tight roof, (v) has partitions with smooth surfaces on the side accessible to occupants, (vi) has adequate lighting within the covered way, and (vii) otherwise complies with the requirements in Articles 3.8.1.3., and 3.8.2.2. of Division B, as applicable, and (y) the requirements set out in Sentences (9) to (13) are complied with. (9) The person to whom a permit under section 8 of the Act is issued in respect of the building, and such other person as the chief building official determines, shall, (a) agree in writing with the municipality to assume all risk in occupying or authorizing the occupation of the building or part of it in accordance with this Article and comply with such other conditions as the chief building official considers necessary, including the provision of security, indemnities and evidence of insurance, and (b) submit to the chief building official, (i) a plan for phasing of construction and occupancy, (ii) a site safety plan addressing the means to ensure safety of the occupants and public while construction is ongoing, including, A. measures to protect occupants and the public from risks associated with the lifting of heavy construction materials, elements and equipment, B. measures for safeguarding occupant wellbeing while construction is ongoing, including the disposal of construction debris, noise, dust, odour, harmful airborne chemicals, non-airborne contaminants, pests and vibrations, including the transfer of vibrations from concrete pumping and pouring to the parts of the building to be occupied, and C. measures to address risks, hazards and occupant comfort associated with the proximity of exterior crane masts, concrete pumping pipes and exterior hoists and their tie-back systems, (iii) a report from a professional engineer that attests, A. to the adequacy of the measures to safeguard life, health and property, B. that ongoing construction will not adversely impact the structural adequacy of the parts of the building to be occupied, and C. that the design of the climbing barriers, fall protection systems and horizontal and vertical safety nets meets the requirements of Sentence (11), (iv) a report from a third-party professional engineer that has reviewed the adequacy of the measures to safeguard life, health and property, if that review is required by chief building official, and (v) the report arising from the review conducted in accordance with Sentence (12). (10) Measures described in Clause (8)(k) shall include, (a) providing heat, hot water, cold water, gas, electricity, plumbing or other utility services for the parts of the building to be occupied separate from the services that serve the parts of the building that are incomplete or still under construction, (b) providing access to the parts of the building to be occupied, including access for occupants, vehicles and deliveries, that is separate and independent from access to the parts of the building and site that are incomplete or still under construction, (c) ensuring that elevators that serve the parts of the building to be occupied are not used for construction, (d) ensuring that access to the construction area, including any construction staging and loading areas, shall be on a different face of the building than the access to and within the parts of the building to be occupied, (e) installing temporary or permanent physical barriers to protect the parts of the building to be occupied from falling machinery, equipment, tools, construction materials and any other material or debris, and (f) installing climbing physical barriers, fall protection and horizontal and vertical safety nets in accordance with Sentence (11). (11) The climbing physical barriers, fall protection systems and horizontal and vertical safety nets referred to in Clause (10)(f), shall,  (a) in the case of horizontal fall protection systems and safety nets, extend not less than 3 m from the face of the building, (b) be installed where there is construction on the exterior of the building or a storey that is unenclosed, and (c) be located immediately below the storey where the construction is located. (12) Prior to occupancy, the construction of the parts of the building to be occupied shall be reviewed by a professional engineer or an architect in accordance with Article 1.2.2.1. (13) Where a registered code agency has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) 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 (8) 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. 32. Clause 1.3.5.1.(2)(p) of Division C of the Regulation is amended by striking out “Sentence 1.3.3.4.(4) or 1.3.3.5.(3)” at the end and substituting “Sentence 1.3.3.4.(4), 1.3.3.5.(3) or 1.3.3.7.(8).” 33. Clause 1.3.5.2.(1)(j) of Division C of the Regulation is amended by striking out “Article 1.3.3.4. or 1.3.3.5” at the end and substituting “Article 1.3.3.4., 1.3.3.5. or 1.3.3.7.”. 34. Part 1 of Division C of the Regulation is amended by adding the following Section: 1.12. Off-Site Construction of Buildings 1.12.1. Site Assembled and Factory-Built Buildings 1.12.1.1. Certification and Compliance (1) Except as provided in Sentence (2), a manufactured building or a manufactured part of a building within the scope of Part 3 is deemed to comply with this Code if it is certified in accordance with CSA A277, “Procedure for Certification of Prefabricated Buildings, Modules, and Panels”. (2) The requirements of this Code shall apply to, (a) building components designed and constructed outside the place of manufacture, and (b) site installation of such buildings. 35. Article 3.1.4.3. of Division C of the Regulation is revoked and the following substituted: 3.1.4.3. Qualifications for Intern Inspectors (1) A person may be appointed or remain appointed under the Act as an intern inspector whose duties include supervised plans review or inspection under the Act, even if the person does not have the qualification set out in Article 3.1.4.1., if the person is enrolled in an internship program that, (a) is approved by the Minister, or (b) meets the minimum requirements described in Sentence (2). (2) For the purposes of Clause (1)(b), the following are the minimum requirements for an internship program: (a) the internship program in a municipality shall be established and administered by the chief building official of the municipality, (b) the chief building official shall notify the director in writing within 30 days of the date an internship program is established, altered or revoked, (c) the chief building official shall establish and maintain a written policy with respect to the, (i) enrolment of persons in the internship program, and (ii) the supervision of an intern inspector by an inspector or chief building official who is registered in the class of registration in respect of which the intern inspector will exercise the powers or perform the duties, (d) the chief building official shall ensure that the written policy described in Clause (c) is brought to the attention of the public, (e) every 12 months, the chief building official shall prepare and transmit to the director a report that contains information about, (i) the number of intern inspectors that entered or left the internship program in the past 12 months, (ii) the number of intern inspectors that were enrolled in the internship program that became registered with the director under Sentence 3.1.4.2.(1) in the past 12 months, (iii) the number of intern inspectors enrolled in the internship program at any point in the past 12 months who has been trained or practiced as a building official in a country other than Canada, and (iv) the number of persons who were refused enrolment in the program or whose enrolment in the program was terminated, (f) subject to Sentence (3), each intern inspector enrolled in the internship program in respect of a type of building described in Column 3 of Table 3.5.2.1. is not eligible to be enrolled in the program in respect of that type of building for longer than 18 months, and (g) the chief building official shall provide to the director such information as the director requests. (3) The director may, at the request of a chief building official, authorize an intern inspector to be enrolled in a program for more than 18 months if the director has reasonable grounds to believe there are extenuating circumstances including maternity or parental leave, illness, disability, bereavement or personal hardship. (4) The chief building official shall notify the director of any failure in construction or demolition or in the enforcement of the Act or this Code associated with the internship program or a person enrolled in the program within 10 days of the chief building official becoming aware of the failure. (5) The director may terminate a program described in Clause (1)(b) if the director has reasonable grounds to believe the program has or will result in a failure in construction or demolition or in the enforcement of the Act or this Code associated with the internship program or a person enrolled in the program.  (6) An intern inspector who is exempt under Sentence (1) shall be supervised by an inspector or chief building official who is registered in the class of registration in respect of which the intern inspector will exercise the powers or perform the duties. 36. Clause 3.7.4.3.(5)(c) of Division C of the Regulation is amended by adding “or 1.3.3.7.(8)(a) to (y), as applicable” at the end. Commencement 37. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed. (2) Section 28 comes into force on the day this Regulation is filed. (3)  Sections 29 to 33 and 36 come into force on the later of November 1, 2022 and the day this Regulation is filed. Made by: Steve Clark Minister of Municipal Affairs and Housing Date made: April 28, 2022