Volume 46, No. 13 July 1, 2022

Part II Halifax, Nova Scotia Regulations under the Regulations Act Printed by the Queen’s Printer Contents Act Reg. No.

Page Building Code Act Nova Scotia Building Code Regulations–replacement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 116/2022 253 Housing in the Halifax Regional Municipality Act Municipal Planning Strategy and Land Use By-law Amendment Order for Port Wallace Special Planning Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115/2022 252 Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113/2022 248 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117/2022 332 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118/2022 334 Provincial Parks Act Owls Head Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114/2022 250 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 247

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Part II - Regulations Vol. 46, No. 13 N.S. Reg. 113/2022 Made: June 9, 2022 Filed: June 10, 2022 Prescribed Petroleum Products Prices Order dated June 9, 2022 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Decision and Order M10617 Nova Scotia Utility and Review Board In the matter of the Petroleum Products Pricing Act - and - In the matter of prescribing prices for petroleum products under

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Julia E. Clark, LL.B., Member Decision and Order Under S. 16 of the Petroleum Products Pricing Regulations , the Board must prescribe a benchmark price for specified petroleum products every Friday. The benchmark price prescribed by the Board is the average of the average of the daily high and low reported product prices (in Canadian cents) since the last benchmark price adjustment for the petroleum product.

The Board must also prescribe retail mark-ups and calculate wholesale margins considering any factors the Board finds relevant, including transportation adjustments. The Board last set wholesale margins in its decision, 2021 NSUARB 146; retail mark-ups in its decision, 2021 NSUARB 50; and transportation adjustments in its decision, 2016 NSUARB 168. Following the Board’s recent retail mark-up decision (2021 NSUARB 50), it approved a monthly retail mark-up adjustment mechanism to address reduced sales volumes from the ongoing COVID-19 pandemic.

The adjustment mechanism was implemented by the Board for gasoline and diesel oil adjustments in an order dated June 2, 2021, but discontinued for diesel oil in an order dated November 26, 2021. At each price setting, the Board may apply a forward-averaging correction, based on historical prices, to achieve revenue neutrality. At appropriate times of the year, the Board may also require an additional margin for winter blending of ultra-low-sulfur diesel oil.

Based on the foregoing and other requirements in the Petroleum Products Pricing Act and regulations, the Board finds it appropriate to prescribe the benchmark prices and adjustments in Table “A,” the COVID-19 related retail mark-up adjustment for gasoline in Table “B,” and the prices for petroleum products in

Schedule “A” effective on and after 12:01 A.M. June 10, 2022: © NS Office of the Registrar of Regulations. Web version. 248

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Part II - Regulations Vol. 46, No. 13 Table “A” (cents per litre) Petroleum Product Benchmark Price Forward Averaging (+/-) Winter Blending Gasoline (Grade 1) 141.33 +3.0Gasoline (Grade 2) 144.33 Gasoline (Grade 3) 147.33 Ultra-Low-Sulfur Diesel Oil 145.89 +1.5 Nil Table “B” (cents per litre) COVID-19 Retail Mark-up Adjustment (Gasoline only) Minimum Self-Service and Full-Service +0.3 Maximum Self-Service +0.5 Dated at Halifax, Nova Scotia, this 9th day of June, 2022. sgd. Bruce A. Kiley Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on June 10, 2022 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Full-Service Pump Prices Pump Prices (Pump Prices includes 15% HST) Base Fed. Wholesale Prov.

Wholesale Excise Selling Tax Price Tax Price Min Max Min Max Zone 1 Regular Unleaded 155.76 10.0 15.5 181.26 215.0 217.5 215.0 999.9 Mid-Grade Unleaded 158.76 10.0 15.5 184.26 218.5 221.0 218.5 999.9 Premium Unleaded 161.76 10.0 15.5 187.26 221.9 224.4 221.9 999.9 Ultra-Low-Sulfur Diesel 160.14 4.0 15.4 179.54 212.7 215.0 212.7 999.9 Zone 2 Regular Unleaded 156.26 10.0 15.5 181.76 215.6 218.1 215.6 999.9 Mid-Grade Unleaded 159.26 10.0 15.5 184.76 219.0 221.6 219.0 999.9 Premium Unleaded 162.26 10.0 15.5 187.76 222.5 225.0 222.5 999.9 Ultra-Low-Sulfur Diesel 160.64 4.0 15.4 180.04 213.3 215.6 213.3 999.9 Zone 3 Regular Unleaded 156.66 10.0 15.5 182.16 216.0 218.6 216.0 999.9 Mid-Grade Unleaded 159.66 10.0 15.5 185.16 219.5 222.0 219.5 999.9 Premium Unleaded 162.66 10.0 15.5 188.16 222.9 225.5 222.9 999.9 Ultra-Low-Sulfur Diesel 161.04 4.0 15.4 180.44 213.7 216.0 213.7 999.9 © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 46, No. 13 Zone 4 Regular Unleaded 156.76 10.0 15.5 182.26 216.2 218.7 216.2 999.9 Mid-Grade Unleaded 159.76 10.0 15.5 185.26 219.6 222.1 219.6 999.9 Premium Unleaded 162.76 10.0 15.5 188.26 223.1 225.6 223.1 999.9 Ultra-Low-Sulfur Diesel 161.14 4.0 15.4 180.54 213.8 216.1 213.8 999.9 Zone 5 Regular Unleaded 156.76 10.0 15.5 182.26 216.2 218.7 216.2 999.9 Mid-Grade Unleaded 159.76 10.0 15.5 185.26 219.6 222.1 219.6 999.9 Premium Unleaded 162.76 10.0 15.5 188.26 223.1 225.6 223.1 999.9 Ultra-Low-Sulfur Diesel 161.14 4.0 15.4 180.54 213.8 216.1 213.8 999.9 Zone 6 Regular Unleaded 157.46 10.0 15.5 182.96 217.0 219.5 217.0 999.9 Mid-Grade Unleaded 160.46 10.0 15.5 185.96 220.4 222.9 220.4 999.9 Premium Unleaded 163.46 10.0 15.5 188.96 223.9 226.4 223.9 999.9 Ultra-Low-Sulfur Diesel 161.84 4.0 15.4 181.24 214.6 216.9 214.6 999.9 N.S.

Reg. 114/2022 Made: June 14, 2022 Filed: June 14, 2022 Owls Head Provincial Park Designation Order in Council 2022-157 dated June 14, 2022 Designation made by the Governor in Council pursuant to clauses 8(

a) and (

d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated April 22, 2022, and pursuant to clauses 8(

a) and (

d) of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective June 14, 2022, to (

a) designate approximately 266 hectares (659 acres) of Crown lands shown outlined in bold and shaded dark grey on the plan marked

Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Owls Head Provincial Park; and (

b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. © NS Office of the Registrar of Regulations. Web version. 250

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Schedule “A” © NS Office of the Registrar of Regulations. Web version. 251

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Part II - Regulations Vol. 46, No. 13 N.S. Reg. 115/2022 Made: June 16, 2022 Filed: June 16, 2022 Municipal Planning Strategy and Land Use By-law Amendment Order for Port Wallace Special Planning Area Order dated June 16, 2022 Made by the Minister of Municipal Affairs and Housing pursuant to

Section 16 of the Housing in the Halifax Regional Municipality Act Municipal Planning Strategy and Land Use By-law Amendment Order for Port Wallace Special Planning Area made by the Minister of Municipal Affairs and Housing under

Section 16 of

Chapter 21 of the Acts of 2021, the Housing in the Halifax Regional Municipality Act

Whereas the Port Wallace Special Planning Area Order, N.S. Reg. 61/2022, was made on March 24, 2022, and designated the Port Wallace Special Planning Area;

Whereas the Executive Panel on Housing in the Halifax Regional Municipality has recommended amendments to the municipal planning strategy and land-use by-law applicable to the Port Wallace Planning Area (respectively the Regional Municipal Planning Strategy and the Dartmouth Land Use By-law); And

whereas I am satisfied that the recommended amendments are necessary to advance the purpose of the Housing in the Halifax Regional Municipality Act ; Therefore, I order the following: 1.

The Regional Municipality Planning Strategy is amended by adding the following in bold immediately following Policy G-11: G-11A Notwithstanding Policy G-15, the Minister of Municipal Areas [Affairs] and Housing may consider development agreements on lands designated as a special planning area which supersede the Regional Subdivision By-Law requirements to enable early tree removal, blasting, and earthworks by development agreement. The intent of this policy is to enable early site work concurrent with the resolution of the detailed planning matters for the subject sites.

As a requirement of the development agreement, the following drawings prepared by a Professional Engineer must be submitted as a condition of permitting: (

a) Site Disturbance Plan; (

b) Erosion and Sedimentation Control Plan; and (

c) Site Grading and Stormwater Management Plan. 2. The Dartmouth Land Use By-law is amended by adding the following in bold immediately following

Section 18X: 18Z Notwithstanding any other provision of this By-law, within the lands designated as a special planning area, early tree removal, blasting, and earthworks may be considered, subject to the provisions of a development agreement in accordance with policy G-11A of the Regional Municipal Planning Strategy. © NS Office of the Registrar of Regulations. Web version. 252

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Part II - Regulations Vol. 46, No. 13 This order is effective on and after the date of this order. Dated and made June 16, 2022 at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd. John Lohr Honourable John Lohr Minister of Municipal Affairs and Housing N.S. Reg. 116/2022 Made: June 24, 2022 Filed: June 17, 2022 Nova Scotia Building Code Regulations–replacement Order dated June 24, 2022 Repeal of regulations and regulations made by the Minister of Municipal Affairs and Housing pursuant to

Section 4 of the Building Code Act In the matter of

Section 4 of

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act -and- In the matter of the repeal and replacement of the Nova Scotia Building Code Regulations made by the Minister of Municipal Affairs and Housing Order I, John Lohr, Minister of Municipal Affairs and Housing for the Province of Nova Scotia, pursuant to

Section 4 of

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act, hereby, effective on and after October 1, 2022, (

a) repeal the Nova Scotia Building Code Regulations, N.S. Reg. 26/2017, made by the Minister of Municipal Affairs by Order dated February 28, 2017; and (

b) make new regulations respecting the Nova Scotia building code in the form set forth in the attached. Dated and made June 24, 2022, at Kentville in the Municipality of the County of Kings, Province of Nova Scotia. sgd. John Lohr Honourable John Lohr Minister of Municipal Affairs and Housing © NS Office of the Registrar of Regulations. Web version. 253

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Schedule “A” Regulations Respecting the Nova Scotia Building Code made by the Minister of Housing and Municipal Affairs under

Section 4 of

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act

Part 1:

Interpretation,

Definitions, Scope and Administration Citation 1 These regulations may be cited as the Nova Scotia Building Code Regulations. Adoption and

Interpretation

Definitions 2

(1) In these regulations, the following

definitions apply: “Act” means the Building Code Act; “alternating tread device” means a device that has a series of steps between 50° and 70° from the horizontal, usually attached to a centre support rail in an alternating manner so that the user does not have both feet on the same level at the same time; “authority having jurisdiction” has the same meaning as specified in any code adopted under

Section 4 and includes a building official as designated under

Section 48; “camping accommodation” means any building within a campground that is intended to (

i) serve the public, or (ii) be used as rental accommodation for the travelling or vacationing public; “Code” means the Nova Scotia Building Code, which includes all of the following: (

i) all national codes adopted under

Section 4, (ii) all amendments, including deletions and additions, to adopted national codes made in these regulations, including in

Schedule C to these regulations, (iii) Schedules B and D to these regulations; “egress roof access window” means a skylight or roof window; “field review of construction” means the review of construction work at intervals appropriate to the stage of construction, at the project site and at any fabrication location where building components are fabricated for use at the project site, that the designer in their profession [professional] discretion considers necessary to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions to the drawings, but does not include coordination, quality and performance of construction; “heritage building” means a registered heritage property, registered under the Heritage Property Act by the Province or by a municipality; © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 46, No. 13 “heritage conservation district” means a heritage conservation district designated by a municipality in accordance with the Heritage Property Act; “home-based business” means a business or service use located in a dwelling unit that is used or occupied as a single housekeeping unit; “interior designer” means a member or licensee of the Association of Interior Designers in Nova Scotia; “landing platform” means a landing provided as the top step of a stairway accessing a loft; “loft” means a floor level located directly above and accessed from a floor level with direct access to an exit door and open to the floor level below on at least 1 side; “manufactured home” means a transportable, single- or multiple-section dwelling unit certified by an accredited certification body as complying with the CSA Z240 MH Series, Manufactured Homes at the time of manufacture, before it is placed on the installation site; “modular home” means a finished

section or sections of a complete dwelling unit built in a factory for transport to the site for installation and certified to CSA A277, Procedures for the Factory Certification of Buildings, by an accredited certification body at the time of manufacture, before it is placed on the installation site; “National Building Code” or “NBC” means the National Building Code of Canada, as adopted under

Section 4; “National Energy Code” or “NECB” means the National Energy Code of Canada for Buildings , as adopted under

Section 4; “National Farm Building Code” or “NFBC” means the National Farm Building Code of Canada, as adopted under

Section 4; “National Plumbing Code” or “NPC” means the National Plumbing Code of Canada, as adopted under

Section 4; “NSBCR” means these regulations (the Nova Scotia Building Code Regulations); “recreational cabin” means a building that meets the criteria in Sentence 9.38.1.1.(1) (Part 9 of Division

B) of the National Building Code, as added by these regulations; “roofed accommodation” means a roofed building, part of a building or group of buildings that is intended as rental accommodation for the travelling or vacationing public; “Schedule A” means

Schedule A: Forms for Field Review of Construction; “Schedule B” means

Schedule B: Design Data for Selected Locations in Nova Scotia; “Schedule C” means

Schedule C: Substituted

Section 3.8 of NBC, Accessibility (Replaced for Code); “Schedule D” means

Schedule D: Alternate Compliance Methods for Existing Buildings; “tiny house” means a dwelling unit that is 37 m 2 or less in building area; © NS Office of the Registrar of Regulations. Web version. 255

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Part II - Regulations Vol. 46, No. 13 “work” means any construction activity regulated by these regulations and carried out on or about a construction site or on, in or about a building or part thereof.

(2) A reference in these regulations to an occupancy group classification or class is a reference to the classification as set out in the National Building Code.

(3) A reference to a building official in these regulations and the Act is a reference to the building official as the authority having jurisdiction, in accordance with

Section 48.

Definitions in NBC apply 3 The

definitions in Sentence 1.4.1.2.(1) of Division A to the National Building Code apply to these regulations, unless otherwise defined. Adoption of national codes 4

(1) These regulations adopt all of the following national codes, as amended by these regulations, as part of the Code: (

a) the National Building Code of Canada 2015, including all revisions, errata and corrections to the errata issued by the Canadian Commission on the Building and Fire Codes, National Research Council of Canada, NRCC No. 56190 on or before March 1, 2019; (

b) the National Energy Code of Canada for Buildings 2017 , including all revisions, errata and corrections to the errata issued by the Canadian Commission on the Building and Fire Codes, National Research Council of Canada, NRCC No. 56215 on or before March 1, 2019; (

c) the National Plumbing Code of Canada 2015, including all revisions, errata and corrections to the errata issued by the Canadian Commission on the Building and Fire Codes, National Research Council of Canada, NRCC No. 56193 on or before March 1, 2019; (

d) the National Farm Building Code of Canada 1995, including all revisions, errata and corrections to the errata issued by the Canadian Commission on the Building and Fire Codes, National Research Council of Canada, NRCC No. 38732 on or before March 1, 2019.

(2) A national code adopted under subsection (1) as part of the Code must be complied with as adopted. Notes referenced in regulations 5

(1) These regulations reference the following types of notes: (

a) notes found in Appendix A to the National Building Code, which are noted as “(See Note A- [specific provision numbers and letters], NBC)”; (

b) notes found in the explanatory notes to these regulations, which are noted as “(See Note NS- [specific provision number and letters], NSBCR)”.

(2) Notes are for explanatory purposes only and do not form part of these regulations. Scope and Application Scope 6 These regulations apply to the administration and enforcement of the Act in the (

a) design, construction, erection, placement and occupancy of new buildings; © NS Office of the Registrar of Regulations. Web version. 256

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b) alteration, reconstruction, demolition, removal, relocation, occupancy and change of occupancy classification of existing buildings; and (

c) work necessary to correct unsafe conditions in existing buildings that are reported to a building official or observed during an inspection.

(2) If a building or any part thereof is altered, these regulations apply to the parts of the building that are altered.

(3) If the whole or any part of a building is relocated either within or into the area of jurisdiction of a municipality as the authority having jurisdiction, these regulations apply only to the parts of the building that are being altered or constructed.

(4) If the whole or any part of a building is demolished, these regulations apply to (

a) the work involved in the demolition; and (

b) the work required to any part of the building that remains after demolition, to the extent that deficiencies occurring or remaining after demolition require correction.

(5) If a building is damaged by fire, earthquake or other cause, these regulations apply to the work necessary to reconstruct damaged portions of the building. Existing buildings 7

(1) Any construction or condition that lawfully existed before the effective date of these regulations is not required to conform to these regulations if the construction or condition does not constitute an unsafe condition in the opinion of a building official.

(2) The alternate compliance methods for existing buildings under the Code that are set out in

Schedule D may be used if a building existed before March 13, 1987, and either of the following apply: (

a) the building is undergoing construction other than for a change of occupancy classification; (

b) the building is undergoing construction and a change of occupancy classification results in an occupancy with a reduced fire hazard risk.

(3) If a heritage building, or part thereof, is undergoing a change in occupancy classification, the owner may choose the alternate compliance methods for existing buildings in

Schedule D, or a combination of those methods and the Code.

(4) If any building in a Heritage Conservation District is undergoing a change in occupancy classification, the owner may choose the alternate compliance methods for existing buildings in

Schedule D, or a combination of the those methods and the Code. Accessibility requirements for existing buildings 8

(1) Except as provided in subsections 7(2), (3) and (4), if a building or part thereof has a change of occupancy classification, the accessibility requirements of

Section 3.8. of the National Building Code, as set out in

Schedule C, including for barrier-free entrances, apply to the construction of the building or part thereof undergoing the change.

(2) In subsections (3) to (5), “restaurant” means a restaurant as defined in the Food Safety Regulations made under the Health © NS Office of the Registrar of Regulations. Web version. 257

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(3) If a Group A, Division 2 assembly occupancy building, or part thereof, is constructed or altered for use as a restaurant, the exemptions in Sentences 3.8.2.3.(1) and 3.8.2.7.(2) of the National Building Code, as set out in

Schedule C, do not apply to the construction of the restaurant part of the building.

(4) If a Group A, Division 2 assembly occupancy building, or part thereof, changes from a non- restaurant use to a restaurant use, the change is considered equivalent to a change of occupancy classification.

(5) The exemptions set out in Sentence 3.8.2.3.(1) and 3.8.2.7.(2) of the National Building Code, as set out in

Schedule C, do not apply to a building, or part thereof, with a change of occupancy classification under subsection (4). Exemptions 9

(1) The Code does not apply to any of the following: (

a) sewerage, water, electrical, telephone, rail or similar systems located above, below or on an area that is dedicated or deeded for public use; (

b) public utility towers and poles, television and radio or other communication aerials and towers, except for loads resulting from those located on or attached to buildings; (

c) if not a building, flood control structures, dams for public water supply, hydroelectric dams and their related structures; (

d) mechanical or other equipment and appliances not specifically regulated by the Code; (

e) above ground or below ground bulk storage tanks not regulated under

Part 6 of the National Building Code or the National Farm Building Code; (

f) free-standing signs; (

g) fences; (

h) retaining walls or exterior steps not attached to, and forming part of, a building’s construction; (

i) manufactured homes built to CSA Z240 MH Series, Manufactured Homes, except that the following are still required: (

i) the notifications required by subsection 35(1) for a manufactured home constructed before January 1, 2010, that has not been structurally altered, (ii) the notifications required by subsection 35(1) and the requirements of

Section 9.36. Energy Efficiency (Part 9 of Division

B) of the National Building Code if the manufactured home is constructed after December 31, 2009; (See Note NS-9(1)(

i) and (j), NSBCR) (

j) modular homes certified to CAN/CSA A277, Procedure for Factory Certification of Buildings, as complying with the technical requirements of this Code, except that all of the following are still required: © NS Office of the Registrar of Regulations. Web version. 258

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i) the notifications required by subsection 35(1) for a modular home constructed before January 1, 2010, that has not been structurally altered, (ii) the notifications required by subsection 35(1) and the requirements of

Section 9.36. Energy Efficiency (Part 9 of Division

B) of the National Building Code if the modular home is constructed after December 31, 2009. (See Note NS-9(1)(

i) and (j), NSBCR)

(2) Unless a municipality otherwise requires by by-law or regulations under another statute require, the Code applies but a building permit is not required for any of the following: (

a) accessory buildings not greater than 20 m2 in area; (

b) for buildings under the scope of

Part 9 of Division B of the National Building Code, interior and exterior non-structural material alterations and material repairs for any or all of the following: (

i) removing and replacing roofing with similar materials, (ii) removing and replacing cladding with similar materials, (iii) replacing or repairing drywall or other interior finish, (iv) installing additional insulation or replacing insulation, (

v) replacing a furnace or boiler, (vi) installing or replacing an air-conditioning unit or heat pump, (vii) replacing windows or doors, if there is no change in location or size of the window or door and the structural support for the opening is not affected, (viii) installing or replacing cabinets, shelving, millwork or flooring, (ix) waterproofing or damp proofing of foundation walls or repairing or replacing foundation drainage; (

c) for buildings under the scope of

Part 3 of Division B of the National Building Code, interior and exterior non-structural material repairs or maintenance with a monetary value of $10 000.00 or less; (

d) replacing or installing a new plumbing fixture that does not increase the hydraulic load of the drainage system or require alterations to an existing water distribution system or drainage system. (See Note NS-9(2), NSBCR) Home-based business exemptions 10

(1) A building official may consider a home-based business as part of the Group C residential occupancy of a dwelling unit and not a major occupancy for the purposes of the Code if all the following criteria are met: (

a) the business or service use of the dwelling unit, an accessory building to the dwelling unit, or both, is secondary to the residential occupancy use of the dwelling unit; © NS Office of the Registrar of Regulations. Web version. 259

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b) at least 1 full-time resident of the dwelling unit with the home-based business operates the business or service; (

c) the business or service use is not 1 of the following: (

i) a Group F1 high-hazard industrial occupancy, or (ii) a Group F2 medium-hazard industrial occupancy; (

d) the home-based business uses an aggregate floor area of less than 50 m2; (

e) the home-based business uses less than 25% of the floor area of the dwelling unit.

(2) A home-based business that meets all of the criteria in subsection (1), is not considered a separate and adjoining major occupancy from the dwelling unit for the separation requirements in

Article 3.1.3.1. (Part 3 of Division

B) of the National Building Code.

(3) A building official must not require additional water closets under

Article 3.7.2.2. (Part 3 of Division

B) of the National Building Code for a dwelling unit with (

a) a home-based business that meets all the criteria in subsection (1); or (

b) a home-based business located with an accessory building, if that building is less than 45 m from the dwelling unit.

(4) A dwelling unit with a home-based business is deemed to be a building that is exempt from the barrier-free design requirements under Clause 3.8.2.1.(1)(

a) of the National Building Code, as set out in

Schedule C.

(5) A home-based business that meets all the criteria in subsection (1) is not considered a separate major occupancy from the dwelling unit for the occupancy classification purposes in Subsection 9.10.2. (Part 9 of Division

B) of the National Building Code. (See Note NS-10, NSBCR) Administration Building permit fees 11 For the purpose of determining the fees to be applied for a building permit, a municipality, as the authority having jurisdiction, may place a value on the cost of the work based on an accepted costing standard. Withholding permits 12

(1) A building official may withhold a building permit until they are satisfied that (

a) for systems that require an approval, there is a valid on-site sewage disposal system approval issued by the department responsible for enforcing the Environment Act; or (

b) for systems that do not require an approval, notification has been given to the department responsible for enforcing the Environment Act for the construction of a building requiring a new private sewage disposal system. (See Note NS-12(1), NSBCR)

(2) A building official may withhold an occupancy permit until they are satisfied that all of the following are done, as applicable: © NS Office of the Registrar of Regulations. Web version. 260

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a) there is a valid electrical permit issued by the electrical authority having jurisdiction; (

b) the civic address is posted if a municipality requires by by-law, in accordance with

Section 313 of the Municipal Government Act; (

c) the certificate of installation for any on-site sewage system for the site is provided; (

d) a fire safety plan approved by the authority having jurisdiction over fire safety matters is in place for the occupancy.

(3) A building official may withhold a building permit until they are satisfied that there is a valid “Minister’s Consent For Building and Access to Property” for the work issued by the department responsible under the Public Highways Act.

(4) A building official may withhold a building permit until they are satisfied that (

a) all applicable requirements of the Heritage Property Act and the Municipal Government Act, including any land use bylaw, subdivision bylaw, lot grading plan or development agreement, have been complied with; and (

b) all required permits are issued by a development officer for the municipality. Applying for permit 13 To obtain a permit, an owner must submit an application as prescribed in the by-laws of the applicable municipality as the authority having jurisdiction. Minimum information required in application 14

(1) An application for a building permit must, at a minimum, meet all of the following criteria: (

a) it must identify and describe in detail the work and occupancy to be covered by the permit being applied for; (

b) it must describe the land by including either (

i) if Nova Scotia property mapping exists for the property, the unique Parcel Identifier (PID), or (ii) if Nova Scotia mapping does not exist for the property, the assessment account number and a description that will readily identify and locate the building lot; (

c) it must include plans and specifications, as required by Subsection 2.2.2. of Division C of the National Building Code; (

d) it must state the valuation of the proposed work and be accompanied by the required fee; (

e) it must state the name, address and telephone number of the owner and of each of the following who will perform work under the permit: (

i) architect, (ii) professional engineer, (iii) interior designer or other designer, © NS Office of the Registrar of Regulations. Web version. 261

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v) inspection or testing agency that has been engaged to monitor the work or part of the work; (

f) it must describe any special building systems, materials and appliances; (

g) it must include any additional information that is required by a building official. Dimensional tolerances 15 A building official may accept a minor variation, not more than 2%, in a dimension given in the Code if, in the opinion of the building official, (

a) safety to life will not be reduced by the variation; and (

b) accessible design and access will not be adversely affected by the variation. (See Note NS-15, NSBCR) Deviations from Code or permit 16 An owner must not deviate, nor authorize a deviation, from the Code or from the conditions of a building permit without first obtaining permission in writing for the deviation from a building official. Land surveys 17 In addition to the documents required by clause 14(1)(c), an owner, if requested by a building official, must submit an up-to-date plan of survey or real property report prepared by a Nova Scotia land surveyor registered under the Land Surveyors Act, that contains sufficient information about the site and the location of the building to (

a) before construction begins, establish that the requirements of the Act, these regulations and the Code related to the site and the location of the building will be complied with; and (

b) upon completion of the work, verify that the requirements of the Act, these regulations and the Code related to the site and the location of the building have been complied with. Site grading 18 A building official may require an owner to have a building site graded in conformance with any storm drainage plan that is prepared or accepted by the building official for the area where the building is located. Repairs to public property 19 An owner is responsible for the cost of repairing any damage to public property or works located on public property that may occur as a result of undertaking work, regardless of whether a permit is required for the work. Permission to proceed in

part 20

(1) To ensure conformance with the Code, a building official may allow, with conditions as necessary, an owner to proceed, at the owner’s risk, with excavation or construction of part of a building before the plans of the entire building have been submitted.

(2) An owner must submit all plans and specifications that a building official requires in connection with an excavation or construction allowed under subsection (1), including at a minimum, complete plans and specifications for the work allowed. © NS Office of the Registrar of Regulations. Web version. 262

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(3) An owner who proceeds to excavate or construct part of a building in accordance with this

Section proceeds without assurance that the excavation or construction of other parts of the building will be allowed. Temporary building or occupancy permits 21

(1) Despite any other provision of these regulations, a temporary permit issued by a building official may authorize, for a limited time only, under circumstances that warrant only selective compliance with the Code, (

a) the erection and existence of a building, or part of a building; or (

b) a change of occupancy classification for an occupancy that, because of its nature, will exist for a short time.

(2) A permit for a temporary building or temporary change of occupancy classification must state all of the following: (

a) the date the permit expires; and (

b) any conditions under which the permit is no longer valid.

(3) The term of a permit for a temporary building or temporary change of occupancy classification may be extended in writing by a building official.

(4) A permit for a temporary building or temporary change of occupancy classification must be posted on the building to which it applies.

(5) A permit issued for a tent or temporary air-supported structure is required to be renewed every 12 months.

(6) A permit issued for a temporary change of occupancy classification is required to be renewed every 12 months. (See Note NS-21, NSBCR) Nova Scotia Building Advisory Committee–qualification of members 22

(1) The Committee must include a minimum of the following qualified members: (

a) a representative of the Fire Marshal for the Province; (

b) a representative appointed from among persons nominated by the Nova Scotia Accessibility Advisory Board; (

c) a representative of municipal government appointed from among persons nominated by the Executive of the Nova Scotia Federation of Municipalities; (

d) a representative appointed from among persons nominated by the Executive of the Association of Professional Engineers of Nova Scotia; (

e) a representative appointed from among persons nominated by the Executive of the Nova Scotia Association of Architects; (

f) a representative appointed from among persons nominated by the Executive of the Nova Scotia Home and Building Designers Association; © NS Office of the Registrar of Regulations. Web version. 263

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g) a representative appointed from among persons nominated by the Executive of the Association of Interior Designers of Nova Scotia; (

h) a representative appointed from among persons nominated by the Executive of the Canadian Home Builders’ Association Nova Scotia; (

i) a representative appointed from among persons nominated by the Executive of the Construction Association of Nova Scotia; (

j) a representative appointed from among persons nominated by the Executive of the Nova Scotia building officials Association; (

k) a representative appointed from among persons nominated by the Executive of the Atlantic Canada Regional Council of Carpenters, Millwrights and Allied Workers, and who is a resident of Nova Scotia.

(2) If an organization specified in subsection (1) is unable to nominate a representative, the Minister may appoint a member nominated by any similar organization that the Minister determines to be a replacement organization. Forms prescribed for field review of construction 23 The following forms are prescribed for use in the field review of construction required by these regulations: (

a) Form 1—Letter of Undertaking: Confirmation of Commitment by Owner to Municipal Building Official as Authority Having Jurisdiction; (

b) Form 2—Commitment Certificate: Prime Consultant; (

c) Form 3—Commitment Certificate: Building Design Requirements; (

d) Form 4—Commitment Certificate: Structural Design Requirements; (

e) Form 5—Commitment Certificate: Mechanical Design Requirements; (

f) Form 6—Commitment Certificate: Electrical Design Requirements; (

g) Form 7—Commitment Certificate: Fire Suppression Systems Design Requirements; (

h) Form 8—Commitment Certificate: Geotechnical Design Requirements; (

i) Form 9—Commitment Certificate: Plumbing Design Requirements; (

j) Form 10—Commitment Certificate: Interior Design Requirements; (

k) Form 11—Commitment Certificate: Resource Conservation Measures – Energy Requirements; (

l) Form 12—Certification of Field Review of Construction. © NS Office of the Registrar of Regulations. Web version. 264

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Part 2: Responsibilities and Obligations Responsibility for Carrying out Work Responsibility for carrying out work not affected 24 The acceptance of drawings and specifications, the issuing of a permit and inspections made by a building official do not relieve an owner, owner’s agent, constructor, architect, professional engineer or interior designer of a building from their respective responsibility for carrying out the work or having it carried out in accordance with the Act, these regulations and the Code, including ensuring that the occupancy of the building, or part thereof, is in accordance with the terms of the permit.

Obligations of Owner Letter of undertaking when professional required to design 25 Together with their application for a permit, an owner must submit a letter of undertaking to a building official for the field review of construction in accordance with Sections 30 and 32 when the building or part thereof is designed within the scope of any 1 or more of the following: (

a) Part 3 of Division B to the National Building Code; (

b) Part 4 of Division B to the National Building Code; (

c) Section 32, for buildings within the scope of

Part 9 of Division B to the National Building Code. Required permits and plan reviews 26

(1) An owner must obtain all required permits or approvals before starting the work that they relate to.

(2) For a building or facility containing 1 or more of the classes of occupancy that are required to have a plan review under subsection 12(1) of the Fire Safety Regulations, an owner must ensure that they submit the plans for review by the Office of the Fire Marshal before starting the construction or alteration, as required by those regulations. Start-up date 27 Before starting work on a building site, an owner must give a building official written notice of the date that the owner intends to start work. Notice of names and contact information for employees 28

(1) Before starting work on a building site, an owner must give a building official notice in writing of the name, address and telephone number of all of the following: (

a) the constructor or other person in charge of the work; (

b) the designer of the work; (

c) all architects, professional engineers and any prime consultant performing a field review of construction for the work; (

d) any inspection or testing agency engaged to monitor the work, or any part of the work. Plans and permit at site 29

(1) An owner must ensure that the plans, specifications and related documents that a building permit is based on are available at the site of the work for inspection during working hours by a building © NS Office of the Registrar of Regulations. Web version. 265

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(2) An owner must ensure that the building permit, or true copy of it, is posted conspicuously at the site during the entire execution of the work. Professional design and review 30 An owner who undertakes to construct or have constructed a building or part thereof under the scope of

Part 3 or

Part 4 of Division B of the National Building Code must do all of the following: (

a) ensure that an architect, professional engineer or interior designer, as required, (

i) are appointed to undertake the design of the building or part of the building, and (ii) complete and submit the appropriate certificates of commitment for the field review of construction of the building, using the applicable forms set out in

Schedule A; (

b) complete and submit the letter of undertaking set out in Form 1 of

Schedule A for the field review of construction of the building. Structural components requiring professional design and review 31 If the dimensions of a structural component are not provided in

Part 9 of the National Building Code for use in a building within the scope of that Part, and the dimensions are to be determined on the basis of calculation, testing or other means of evaluation, an owner must do all of the following: (

a) ensure that a professional engineer is appointed to undertake the design of the structural component; (

b) when required by a building official, complete and submit the certificate of commitment specified in Form 4 of

Schedule A for the field review of construction for the structural component. Site conditions, size or complexity requiring professional design and review 32 If the site conditions, size or complexity of a building, part of a building or a building component warrant, a building official may require an owner to file an additional letter of undertaking and have prepared and submitted any additional certificates of commitment that the building official considers necessary. Professional design and review for sprinklered buildings 33

(1) Except as provided in subsection (2), an owner must do all of the following for a building that is required or intended to be sprinklered: (

a) ensure that a professional engineer is appointed to undertake the design of the sprinkler system; (

b) ensure that the professional engineer completes and submits the commitment certificate in Form 7 of

Schedule A for the field review of construction for the fire suppression system design. (2) Clauses (1)(

a) and (

b) do not apply to an alteration of an existing building that requires changes to an existing sprinkler system, if a building official determines that all of the following conditions are met: (

a) there is no change in occupancy for the existing building; © NS Office of the Registrar of Regulations. Web version. 266

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b) there is no change to the branch pipe sizing for the sprinkler system; (

c) there are no new branches or mains for the sprinkler system; (

d) the total number of individual sprinkler devices to be added, removed or relocated is 10 or fewer.

(3) If clauses (1)(

a) and (

b) are determined not to apply under subsection (2), any design documents and test results of tests conducted on the system that are required under the Fire Safety Regulations made under the Fire Safety Act must be filed with a building official. Alteration to property boundary or ground elevation 34

(1) Except as provided in subsection (2), an owner or person hired by an owner must not allow the ground elevations or property boundaries of a building lot to be changed so as to place a building or part thereof in contravention of these regulations or the Code. (2) Subsection (1) does not apply if the building or part thereof is altered after obtaining the necessary permit so that no contravention will occur as a result of the change to the property boundary or grades. Notification for inspection and certification of field review of construction 35

(1) An owner of a building being constructed under the scope of

Part 9 of Division B of the National Building Code must notify a building official to inspect for compliance with the Code at all of the following stages of construction: (

a) footings in place; (

b) subfloor plumbing; (

c) subfloor and foundation insulation; (

d) pre-backfill; (

e) for buildings other than manufactured and modular homes, (

i) the framing, roof and plumbing and mechanical systems, and (ii) insulation and vapour barrier before wall framing is covered; (

f) for manufactured and modular homes, (

i) superstructure installation and anchorage systems, (ii) foundation insulation and vapour barrier before wall framing is covered, and (iii) plumbing connections below the first floor; (

g) before occupancy. (See Notes NS-35(1) and (2) and NS-9(1)(

i) and (j), NSBCR)

(2) An owner of a building being constructed outside the scope of

Part 9 of Division B to the National Building Code must notify a building official to inspect for compliance with the Code as follows: © NS Office of the Registrar of Regulations. Web version. 267

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a) before beginning any construction that will require inspection, by notifying of their intent to undertake construction; (

b) during construction, as intended in the letter of undertaking and applicable commitment certificates required by

Section 30 or 32; (

c) at the times specified and as otherwise ordered to be inspected by a building official before covering construction, by notifying the building official of the intent to cover construction; (

d) at intervals considered necessary by a building official, based on the complexity of the building; (

e) when construction is completed, so that a final inspection can be made. Occupancy before work completed 36 If an owner requires occupancy to occur before all work is completed, the owner must (

a) apply for the occupancy permit; and (

b) ensure that no unsafe condition exists or will exist because of the work that is being undertaken or is not completed. Test or inspections to prove compliance 37

(1) An owner must make, or have made at their own expense, any tests or inspections necessary to prove compliance with these regulations or the Code.

(2) An owner must promptly file a copy of all test or inspection reports from tests or inspections conducted in accordance with subsection (1) with a building official. Responsibility on discontinuation of work 38 An owner who is unable to continue work because of bankruptcy or another cause is responsible, before leaving the site of the work, for ensuring that no unsafe condition remains at the site.

Obligations of Professionals Design in accordance with profession and Code 39 An architect, professional engineer or interior designer who undertakes to design a building or part thereof in accordance with their respective governing statutes, regulations and bylaws must ensure that the design meets the intent of the Code. Field review of construction 40 An architect, professional engineer or interior designer who undertakes a field review of construction must do all of the following: (

a) review the building at intervals appropriate to the state of construction to determine general compliance with the design; (

b) coordinate, with a building official, the review of any changes to the design documents for consistency with the intent of the plans and specifications; (

c) file the certification of field review of construction in Form 12 of

Schedule A with a building official. © NS Office of the Registrar of Regulations. Web version. 268

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Part II - Regulations Vol. 46, No. 13 Obligations of Constructor Owner deemed to be constructor 41 If the work for which a permit is issued is not under the control of a constructor, the owner is deemed to be the constructor. Work on public property 42 A constructor is responsible for ensuring that prior approval in writing is obtained from the appropriate government authority before (

a) any excavation or other work is undertaken on public property; or (

b) any building is erected on public property or materials stored in whole or in

part in the building. Responsibilities for work with owner 43 A constructor is responsible jointly and severally with the owner for all and any work undertaken. Responsibility on discontinuation of work 44 A constructor who is unable to continue work because of bankruptcy or another cause is responsible, before leaving the site of the work, for ensuring that no unsafe condition remains at the site.

Materials, systems to comply with Code 45 A constructor must ensure that all materials, systems and equipment used in the construction, alteration, reconstruction or renovation of a building meet the provisions of the Code for the work undertaken. Obligations of Building Official Appointment and qualification of building officials 46 A person appointed by a municipality as a building official must meet all of the following qualifications: (

a) they must hold a valid diploma from the Nova Scotia Building Code Training and Certification Board; (

b) they must be a member in good standing of the Nova Scotia Building Officials Association. Administration and enforcement of Act, regulations and Code 47

(1) Subject to subsection (2), a building official must administer and enforce the provisions of the Act, these regulations and the Code.

(2) A building official may only administer and enforce the provisions of the Act, these regulations and the Code within the scope for which they hold a valid diploma from the Nova Scotia Building Code Training and Certification Board.

(3) When enforcing the Act, these regulations and the Code in accordance with subsection (2), a building official is designated as an authority having jurisdiction in the municipality for which they are appointed.

(4) Any reference to a building official in the Act and these regulations is deemed to be a reference to an authority having jurisdiction in accordance with subsection (3). Copies of applications, inspections and tests 48 A building official must keep copies of all of the following: © NS Office of the Registrar of Regulations. Web version. 269

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a) applications received; (

b) permits and orders issued; (

c) inspections and tests made; (

d) all papers and documents connected with the administration and enforcement of the Act, these regulations and the Code. Notices and orders 49

(1) Any notices or orders that are necessary to inform an owner that a contravention of the Act, these regulations or the Code has been observed must be issued by a building official in writing.

(2) A notice or order issued by a building official may specify any remedial or other measures that are required to meet the Act, these regulations or the Code.

(3) A copy of any notices or orders issued by a building official must be retained by the authority having jurisdiction and a copy must be sent to each of the following by the method specified: (

a) the owner, by regular mail at the address given on the permit application; (

b) the interior designer, architect or professional engineer, by regular mail at the address given on the permit application; (

c) the constructor, by regular mail or, if the constructor is present during the inspection, given to the constructor.

(4) An order directing compliance under subsection 12(1) of the Act may include a requirement to do any of the following: (

a) remove any unauthorized encroachment on public property; (

b) remove any building, or part of a building, constructed in contravention of the Act, these regulations or the Code; (

c) cease any occupancy in contravention of the Act, these regulations or the Code; (

d) cease any occupancy if any unsafe condition exists because of work being undertaken or not completed; (

e) correct any unsafe condition; (

f) uncover and replace any of the following at the owner’s own expense: (

i) work that has been ordered to be done pursuant to an order to comply that has been covered without being inspected, (ii) work for which notification to inspect is required to be given under

Section 35, if uncovering the work is necessary to determine compliance with the Code. Responding to inquiries 50 A building official must answer all reasonable questions with respect to the provisions of the Act, these regulations or the Code when requested to do so, but must not assist in the laying out of any work or act in © NS Office of the Registrar of Regulations. Web version. 270

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Part II - Regulations Vol. 46, No. 13 the capacity of a designer. Authority having jurisdiction to issue permits 51 Abuilding official must issue a building permit or an occupancy permit to an owner when, to the best of the building official’s knowledge, the applicable conditions in the Act, these regulations and the Code have been met.

Duty to inform owner of plan review requirement 52 A building official must inform an owner of the owner’s obligations to provide building plans for the construction or alteration to the Office of the Fire Marshal for review before starting the construction or alteration of a building or facility, as required by subsection 12(1) of the Fire Safety Regulations. Tests required to prove compliance 53

(1) A test ordered by a building official under clause 11(1)(

d) of the Act may include a test of any of the following, as specified in the order: (

a) materials; (

b) equipment; (

c) devices; (

d) construction methods; (

e) structural assemblies; (

f) foundation conditions.

(2) Instead of ordering a test under clause 11(1)(

d) of the Act, a building official may accept evidence submitted by the owner if the building official is satisfied that the evidence shows whether the material, equipment, device, construction or foundation conditions meet the Code. Report required for failure or potential failure 54 If a failure occurs that causes or has the potential to cause injury or loss of life, a building official may require an owner, or an owner’s representative, to submit a report that states (

a) the nature and details of the failure; and (

b) the name and address of the constructor. Conditional building or occupancy permit 55 A permit may be made conditional upon any of the following: (

a) submitting additional information not available at the time, if the information is of such a nature that withholding the permit until the information becomes available would be unreasonable; (

b) completing any work that is incomplete at the time of inspection, if the application is of such a nature that no unsafe condition exists and withholding the permit would be unreasonable. Incorrect information in application for permit 56

(1) An applicant must not knowingly provide incorrect information in a permit application. © NS Office of the Registrar of Regulations. Web version. 271

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(2) If incorrect information is provided in a permit application contrary to subsection (1), the proposed building, construction or demolition may be deemed by a building official to not comply with these regulations under clause 9(1)(

a) of the Act, resulting in a refusal to issue a permit for the proposed construction, demolition or occupancy of the building. Permit conditions 57 Contravention of a condition under which a permit was issued that results in the permit having been issued on mistaken or false information is grounds for a building official to revoke the permit under clause 9(3)(

a) of the Act. Occupancy before completion 58 To allow the occupancy of a building or part thereof for the accepted use, an occupancy permit may be issued before construction or demolition work is started or completed, subject to compliance with provisions to safeguard persons in or about the premises.

Part 3: Amendments to Adopted National Codes Amendments to Division A (Compliance, Objectives and Functional Statements) of National Building Code Sentence 1.1.1.1.(2) (Application of this Code) replaced 59 Sentence 1.1.1.1.(2) (Part 1 of Division

A) of the National Building Code is repealed and replaced with the following Sentence: 2) Except as provided by Clauses 9(1)(

i) and (

j) of the Nova Scotia Building Code Regulations, the Code applies to both site-assembled and factory-constructed buildings. (See Note NS-9(1)(

i) and (j), NSBCR) Sentence 1.2.1.2(1)—Definition of owner 60 The definition of “owner” in Sentence 1.4.1.2.(1) (Part 1 of Division

A) of the National Building Code is repealed and replaced with the definition of “owner” in

Section 2 of the Act. Clause 2.1.1.2.(5)(a) (Objective OA, Accessibility) replaced 61 Sentence 2.1.1.2.(5) (Part 2 of Division

A) of the National Building Code is amended by repealing Clause (

a) and replacing it with the following Clause:

a) the following buildings, except that they are still required to be in compliance with the adaptable housing requirements in Subsection 3.8.4. as set out in

Schedule C to the Nova Scotia Building Code Regulations and the objectives in Table 3.10.1.1. as amended in

Section 70 of those regulations:

i) detached houses, ii) semi-detached houses, iii) houses with a secondary suite, iv) duplexes,

v) triplexes, vi) townhouses, vii) row houses, and viii) boarding houses. (See Note A-1.4.1.2.(1) of Division A, Secondary Suite, NBC) Clause 3.1.1.2.(3)(a) (Functional Statements F73 and F74) replaced 62 Sentence 3.1.1.2.(3) (Part 3 of Division

A) of the National Building Code is amended by repealing Clause © NS Office of the Registrar of Regulations. Web version. 272

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a) and replacing it with the following Clause:

a) the following buildings, except that they are still required to be in compliance with the adaptable housing requirements in Subsection 3.8.4. as set out in

Schedule C to the Nova Scotia Building Code Regulations and the functional statements in Table 3.10.1.1. as amended in

Section 70 of those regulations:

i) detached houses, ii) semi-detached houses, iii) houses with a secondary suite, iv) duplexes,

v) triplexes, vi) townhouses, vii) row houses, and vii [viii]) boarding houses. Amendments to

Part 1 (General) of Division B of National Building Code

Article 1.3.1.2. (Applicable Editions) replaced 63

Article 1.3.1.2. (Part 1 of Division

B) of the National Building Code, except Table 1.3.1.2. is repealed and replaced with the following: 1.3.1.2. Applicable Editions 1) Except as provided under Sentence (2), where documents are referenced in this Code, they shall be the editions designated in Table 1.3.1.2. except those documents designated under the following Acts and regulations of the Province of Nova Scotia in which case the edition so referenced shall apply:

a) Technical Safety Act and Sections 4 (boiler and pressure equipment standards) and 6 (fuel safety standards) of the Technical Safety Standards Regulations ,

b) Elevators and lifts Act and Elevators and Lifts General Regulations , or as that Act and regulations are replaced by the Technical Safety Act and Technical Safety Standards Regulations, or

c) Electrical Installation and Inspection Act and Electrical Code Regulations , or as that Act and regulations are replaced by the Technical Safety Act and Technical Safety Standards Regulations. (See Note NS-69, NSBCR) 2) Where amendments to documents adopted by this Code apply, these amendments shall apply to the particular provisions of those documents adopted by the above Acts and regulations unless amended by the Nova Scotia Building Code Regulations. Table 1.3.1.2. (Documents referenced in NBC) amended 64 Table 1.3.1.2. (Part 1 of Division

B) of the National Building Code is amended by adding the following rows to the table under ULC as the issuing agency: Issuing Agency Document Number Title of Document Code Reference ULC ULC CAN/ULC-S545-02 CAN/ULC-S319-05 Standard for Residential Fire Warning System Control Units Electronic Access Control Systems 9.10.19.4.(2) 3.4.6.16.(4)(i) © NS Office of the Registrar of Regulations. Web version. 273

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Part II - Regulations Vol. 46, No. 13 Amendments to

Part 3 (Fire Protection, Occupant Safety and Accessibility) of Division B of National Building Code

Article 3.1.5.25. (Combustible Solar Collector Systems) added 65 Subsection 3.1.5. (Part 3 of Division

B) of the National Building Code is amended by adding the following

Article immediately after

Article 3.1.5.24.: 3.1.5.25. Combustible Solar Collector Systems 1) A combustible solar collector system is permitted to be installed above the roof of a building required to be of noncombustible construction.

Article 3.2.2.91. (Alternate Compliance Methods for Existing Buildings) added 66 Subsection 3.2.2. (Part 3 of Division

B) of the National Building Code is amended by adding the following

Article immediately after

Article 3.2.2.90.: 3.2.2.91. Alternate Compliance Methods for Existing Buildings 1) The Alternate Compliance Methods for Existing Buildings contained in

Schedule D to the Nova Scotia Building Code Regulations are hereby adopted and may be used in accordance with subsections 7(2), (3) and (4) of those regulations. Sentence 3.3.1.13.(3) (Doors and Door Hardware) replaced 67 Sentence 3.3.1.13.(3) (Part 3 of Division

B) National Building Code is repealed and replaced with the following Sentence: 3) Except as permitted by Sentence (4) or Clause 3.4.6.16.(4)(f), door release hardware shall be operable by one hand and the door shall be openable with not more than one releasing operations. (See Sentence 3.8.3.6.(4), NSBCR) Sentence 3.4.6.16.(4) (Door Release Hardware) replaced 68 Sentence 3.4.6.16.(4) (Part 3 of Division

B) of the National Building Code is repealed and replaced with the following Sentence: 4) Electromagnetic locks that do not incorporate latches, pins or other similar devices to keep the door in the closed position are permitted to be installed on exit doors, other than doors leading directly from a high-hazard industrial occupancy, provided all of the following are met:

a) the building is equipped with a fire alarm system,

b) the locking device, releases upon actuation of the alarm signal from the building’s fire alarm system,

c) the locking device releases immediately upon loss of power controlling the electromagnetic locking mechanism and its associated auxiliary controls,

d) except for electromagnetic locking devices installed in conformance with Sentence (5), the locking device releases immediately upon actuation of a manually operated switch readily accessible only to authorized personnel,

e) except as allowed by Clauses (

f) and (m), a force not more than 90 N applied to the door opening hardware initiates an irreversible process that will release the locking device within 15 s and not re-lock until the door has been opened,

f) in a Group B, Division 2 or Group B, Division 3 occupancy located in a building or part thereof, licensed by the Province of Nova Scotia, the locking device on exit doors or doors in a means of egress, is permitted to be released by:

i) a force of not more than 90 N applied to the door opening hardware that initiates an irreversible process that will release the locking device within © NS Office of the Registrar of Regulations. Web version. 274

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Part II - Regulations Vol. 46, No. 13 15 s, and not relock until the door has been opened, or ii) activating a blue manual pull station, installed in close proximity to the door, and not relock until the door has been opened, (See Note NS-3.4.6.16.(4)(f), NSBCR)

g) upon release, the locking device must be reset manually by the actuation of the switch referred to in Clause (d),

h) a legible sign is permanently mounted:

i) for a locking device to be released in accordance with Subclause (f)(i), on the exit door to indicated that the locking device will release within 15 s of applying pressure to the door-opening hardware, or ii) for a locking device to be released in accordance with Subclause (f)(ii), on the exit door or door in a means of egress to indicate that the locking device will release by actuating the blue manual pull station,

i) devices installed under Subclause (f)(ii) shall conform with the CAN/ULC-S319, “Electronic Access Control Systems”,

j) the total time delay for all electromagnetic locks in any path of egress to release is not more than 15 s,

k) where a bypass switch is installed to allow testing of the fire alarm system, actuation of the switch

i) can prevent the release of the locking device by the fire alarm system, as stated in Clause (b), during the test, and ii) causes an audible and visual signal to be indicated at the fire alarm annunciator panel required by

Article 3.2.4.9. and at the monitoring station specified in Sentence 3.2.4.8.(4),

l) emergency lighting is provided at each door, and

m) where they are installed on doors providing emergency crossover access to floor areas from exit stairs in accordance with

Article 3.4.6.18.,

i) the locking device releases immediately upon the operation of a manual station for the fire alarm system located on the wall on the exit stair side not more than 600 mm from the door, and ii) a legible sign with the words “re-entry door unlocked by fire alarm” in letters at least 25 mm high with a stroke of at least 5 mm is permanently mounted on the door on the exit stair side.

Section 3.8. (Accessibility) replaced by

Schedule C 69

Section 3.8. (Part 3 of Division

B) of the National Building Code is repealed and replaced with

Section 3.8. Accessibility, as set out in

Schedule C. Table 3.10.1.1. (Objectives and Functional Statements Attributed to Acceptable Solutions in

Part 3) amended 70 Table 3.10.1.1. of the National Building Code is amended by adding the following functional statements and objectives immediately after the functional statements and objectives for

Article 3.8.3.21.: Functional Statements and Objectives 3.8.3.22. Sleeping Units in Roofed Accommodations (1) [F74-OA2] (2) [F74-OA2] (3) [F74-OA2] © NS Office of the Registrar of Regulations. Web version. 275

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Part II - Regulations Vol. 46, No. 13 3.8.3.23. Suites of Residential Occupancies Required to be Barrier-Free (1) [F73-OA1][F74-OA2] (2) [F73-OA1][F74-OA2] (3) [F73-OA1][F74-OA2] (4) [F73-OA1][F74-OA2] 3.8.4.2. Entrance Doors to Dwelling Units (1) [F73-OA1] (2) [F73-OA1] (3) [F73-OA1] 3.8.4.3. Interior Doors and Corridors in Dwelling Units (1) [F73-OA1] (2) [F73-OA1] (3) [F73-OA1] 3.8.4.4. Kitchens in Dwelling Units (1) [F74-OA2] (2) [F74-OA2] (3) [F74-OA2] 3.8.4.5. Bathrooms in Dwelling Units (1) [F74-OA2] (2) [F74-OA2] 3.8.4.6. Duplex Receptacles, Switches and Controls (1) [F74-OA2] (2) [F74-OA2] Amendments to

Part 9 (Housing and Small Buildings) of Division B of National Building Code Sentence 9.1.1.1.(2) (Application) added 71

Article 9.1.1.1. (Part 9 of Division

B) of the National Building Code is amended by adding the following Sentence immediately after Sentence 9.1.1.1.(1): 2) The Alternate Compliance Methods for Existing Buildings contained in

Schedule D to the Nova Scotia Building Code Regulations are adopted and may be used in accordance with subsections 7(2), (3), and (4) of those regulations. © NS Office of the Registrar of Regulations. Web version. 276

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Part II - Regulations Vol. 46, No. 13

Article 9.5.2.1. (Barrier Free Design—General) replaced 72

Article 9.5.2.1. (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Article: 9.5.2.1. General 1) Subject to Articles 3.8.2.1. and 9.5.2.4., every building shall be designed in conformance with

Section 3.8.

Article 9.5.2.3. (Exception for Apartment Buildings) repealed 73

Article 9.5.2.3. (Part 9 of Division

B) of the National Building Code is repealed.

Article 9.5.2.4. (Exemption for Houses) added 74 Subsection 9.5.2. (Part 9 of Division

B) of the National Building Code is amended by adding the following

Article immediately after

Article 9.5.2.3.: 9.5.2.4. Exemption for Houses 1) Despite Clauses 3.8.2.1.(1)(

a) and (b), buildings within the scope of Sentence 3.8.4.1.(1), shall comply with Subsection 3.8.4. Sentence 9.10.1.3.(1) (Items under

Part 3 Jurisdiction) amended 75 Sentence 9.10.1.3.(1) (Part 9 of Division

B) of the National Building Code is amended by adding “self- service storage buildings”, immediately after “walkways”.

Article 9.10.19.4. (Power Supply) replaced 76

Article 9.10.19.4. (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Article: 9.10.19.4. Power Supply 1) Except as provided in Sentences (2) to (4), smoke alarms described in Sentence 9.10.19.1.(1) shall

a) be installed with permanent connections to an electrical circuit (See Note A- 3.2.4.20.(7)(a), NBC),

b) have no disconnect switch between the overcurrent device and the smoke alarm, and

c) in case the regular power supply to the smoke alarm is interrupted, be provided with a battery as an alternative power source that can continue to provide power to the smoke alarm for a period of no less than 7 days in the normal condition, followed by 4 minutes of alarm. 2) In a single dwelling unit, smoke alarms may be installed:

a) as a component of a household fire warning system which includes a certified control unit that meets the applicable requirements of ULC-S545, “Standard for Residential Fire Warning System Control Units”, and

b) in case the regular power supply to the control unit is interrupted, be provided with a battery as an alternative power source that can continue to provide power to the control unit for a period of no less than 7 days in the normal condition, followed by 4 minutes of alarm. 3) Where the building is not supplied with electric power, smoke alarms are permitted to be battery-operated. 4) Suites of residential occupancy are permitted to be equipped with smoke detectors © NS Office of the Registrar of Regulations. Web version. 277

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Part II - Regulations Vol. 46, No. 13 in lieu of smoke alarms, provided the smoke detectors:

a) are capable of independently sounding audible signals within the individual suites,

b) except as permitted in Sentence (5), are installed in conformance with CAN/ULC- S524, “Installation of fire Alarm Systems,”, and

c) form part of the fire alarm system. (See Note A-3.2.4.20.(8), NBC) 5) Smoke detectors permitted to be installed in lieu of smoke alarms as stated in Sentence (4) are permitted to sound localized alarms within individual suites, and need not sound an alarm throughout the rest of the building.

Article 9.25.3.2. (Air Barrier System Properties) replaced 77

Article 9.25.3.2. (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Article: 9.25.3.2. Air Barrier System Properties 1) Sheet and panel type materials intended to provide the principal resistance to air leakage shall have an air leakage characteristic of not greater than 0.02 L/(s @m2) measured at an air pressure differential of 75 Pa. 2) Where polyethylene sheet is used to provide airtightness in the air barrier system, it shall conform to CAN/CGSB-51.34-M, “Vapour Barrier, Polyethylene Sheet for Use in Building Construction”. Sentence 9.27.2.2.(5) (Minimum Protection from Precipitation Ingress) amended 78 Sentence 9.27.2.2.(5) (Part 9 of Division

B) of the National Building Code is amended by striking out everything after the word “break” and adding a period at the end of the Sentence.

Article 9.31.4.1. (Required Fixtures) replaced 79

Article 9.31.4.1. (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Article: 9.31.4.1. Required Fixtures 1) A kitchen sink, lavatory, either a bathtub or shower, and either a water closet or a drainless composting toilet shall be provided for every dwelling unit where a piped water supply is available. Clause 9.32.3.3.(1)(b) (Principal Ventilation System) amended 80 Clause 9.32.3.6.(1)(b) (Part 9 of Division

B) of the National Building Code is amended by striking out “except as permitted by

Article 9.32.3.6.,”.

Article 9.32.3.6. (Exhaust-Only Ventilation Systems) and Note A-9.32.3.6. repealed 81

Article 9.32.3.6. (Part 9 of Division

B) and Note A-9.32.3.6. in the Appendix notes to

Part 9 of the National Building Code are repealed. Sentence 9.36.1.3.(1) (Compliance and Application) replaced 82 Sentence 9.36.1.3.(1) (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Sentence: 1) Except as provided in Sentences (2) to (6), buildings shall comply with

a) the prescriptive or trade-off requirements for climatic Zone 6 stated in © NS Office of the Registrar of Regulations. Web version. 278

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Part II - Regulations Vol. 46, No. 13 Subsections 9.36.2. to 9.36.4.,

b) the performance requirements in Subsection 9.36.5. based on the climatic data for where the building is located, or

c) the NECB. (See Note NS-9.36.1.3.(1), NSBCR) Sentence 9.36.1.3.(6) (Compliance and Application) added 83

Article 9.36.1.3. (Part 9 of Division

B) of the National Building Code is amended by adding the following Sentence immediately after Sentence 9.36.1.3.(5): 6)

Section 9.36. does not apply to any of the following:

a) farm buildings,

b) buildings intended primarily for manufacturing or commercial or industrial processing,

c) non-heating season, or intermittently occupied buildings, or (See Note A- 9.1.1.1.(1), NBC)

d) heritage buildings.

Article 9.36.2.5. (Continuity of Insulation) amended and to add Sentence (10) 84

(1) Sentence 9.36.2.5.(6) (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Sentence: 6) Except as provided in Sentence (10), where mechanical, plumbing or electrical system components, such as pipes, ducts, conduit, cabinets, chases, panels or recessed heaters, are placed within and parallel to the wall assembly required to be insulated, the effective thermal resistence of that wall at the projected area of the system component shall be not less than that required by Table 9.36.2.6.-A, 9.36,2.6.-B, 9.36.2.8.-A or 9.36.2.8.-B. (See Note A-9.36.2.5.(6), NBC)

(2) Article 9.36.2.5. (Part 9 of Division

B) of the National Building Code is amended by adding the following Sentence immediately after Sentence (9): 10) Effective thermal resistance at the projected area of vent pipes need not comply with Tables 9.36.2.6.-A or 9.36.2.6.-B provided

a) the vent pipe serves a kitchen sink and has a maximum size of 1 1/2 inches, and

b) the insulation is continuous around the pipe.

Article 9.36.2.7. (Thermal Characteristics of Fenestration, Doors and Skylights) amended and to add Sentence (9) 85

(1) Sentence 9.36.2.7.(1) (Part 9 of Division

B) of the National Building Code is repealed and replaced with the following Sentence: 1) Except as provided in Sentences (2) to (9) and

Article 9.36.2.11. (Part of Division

B) of the National Building Code, fenestration and doors shall have an overall thermal transmittance (U-Value) not greater than, or an Energy Rating not less than the values listed in Table 9.36.2.7.-A, for the applicable heating degree-day category. (See Note A-9.36.2.7.(1) and (2), NBC)

(2) Article 9.36.2.7. (Part 9 of Division

B) of the National Building Code is amended by adding the following Sentence immediately after Sentence 9.26.2.7.(8): 9) Thermal characteristic of fenestrations and doors protected by storm windows or storm doors need not comply with the efficiencies specified in Table 9.36.2.7.-A or Table © NS Office of the Registrar of Regulations. Web version. 279

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Part II - Regulations Vol. 46, No. 13 9.36.2.7.-C.

Section 9.38. (Recreational Cabins) added 86

Part 9 of Division B of the National Building Code is amended by adding the following

Section immediately after Table 9.37.1.1.:

Section 9.38. Recreational Cabins 9.38.1. Scope 9.38.1.1. Application 1) For the purposes of this Section, a recreational cabin means a building with a residential occupancy which meets all of the following:

a) it is used or intended to be used as a dwelling unit,

b) it is principally used for a seasonal recreational activity,

c) it is 2 storeys in building height or less, and

d) it is not used as a permanent residence. 2) A building described in Sentence (1) shall comply with the requirements in this Part and in

Part 3 of the regulations except where it is specifically exempted in this Section. 9.38.2. General 9.38.2.1. Exclusions 1) Except as provided in Subsections 9.9.10. and 9.10.15. and Articles 9.38.2.4. (NSBCR) and 9.38.3.1. (NSBCR), a recreational cabin need not comply with Sections 9.5. to 9.7. 2) Except as provided in Subsections 9.9.10. and 9.10.15. and Articles 9.38.2.4. (NSBCR) and 9.38.3.1. (NSBCR), a recreational cabin need not comply with Sections 9.9. to 9.11. 3) Flooring in a recreational cabin need not comply with

Section 9.30. but tight- fitting floors shall be provided to support the live and dead loads. 4) Except as provided in Sentence (5), thermal insulation, vapour barrier, air barrier system, interior finishes, plumbing, heating, mechanical ventilation, air-conditioning and electrical facilities need not be provided in a recreational cabin, but where any of these are provided they shall comply with the requirements of this Part. 5) Where heating and air-conditioning are provided in a recreational cabin,

Article 9.33.3.1. need not be complied with. 9.38.2.2. Foundations 1) Except as provided in Sentences (2) and (3), a foundation shall be provided in a recreational cabin in accordance with the requirements of this Part. 2) Where unit masonry columns are used, the height of such columns shall not exceed the lesser of 1.2 m or,

a) in the case of hollow masonry units, 4 times the least dimension of the units,

b) in the case of solid masonry units, or hollow units with voids filled with concrete, © NS Office of the Registrar of Regulations. Web version. 280

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Part II - Regulations Vol. 46, No. 13 10 times the least dimension of the column, or

c) where the column is reinforced with at least four 13 mm diameter bars and filled with concrete, 18 times the least dimension of the column. 3) Columns in excess of the height limitations of Clauses (2)(

a) to (

c) shall be designed in accordance with

Part 4. 9.38.2.3. Waterproofing and Dampproofing 1) Where foundations below ground level and concrete floors on ground are used in a recreational cabin, they shall comply with

Section 9.13. 9.38.2.4. Smoke Alarms 1) Smoke alarms shall be installed in accordance with Subsection 9.10.19. 9.38.3. Roofed Accommodation 9.38.3.1. Buildings used for Roofed Accommodation 1) If a recreational cabin is used or intended to be used as a roofed accommodation or camping accommodation, it shall comply with Sections 9.5. to 9.8. in addition to the requirements of this Section.

Section 9.39. (Tiny Houses) added 87

Part 9 of Division B of the National Building Code is amended by adding the following

Section immediately after

Section 9.38.:

Section 9.39. Tiny Houses 9.39.1. Scope 9.39.1.1. Application 1) This

Section applies to a tiny house used as a single dwelling unit. 9.39.1.2. Construction Requirements 1) A tiny house shall comply with the requirements in this Part and in

Part 3 of the Nova Scotia Building Code Regulations except as provided in this Section. 2) A tiny house is exempt from the adaptability requirements of Subsection 3.8.4. (NSBCR) 9.39.2.1. Ceiling Heights of Rooms or Spaces 1) The ceiling height of rooms or spaces in a tiny house shall conform to Table 9.39.2.1. Table 9.39.2.1. Forming part of Sentence 9.39.2.1.

(1) Room or space Minimum Ceiling Heights Bathrooms, toilet rooms and kitchens 1930 mm All other living space except lofts 2030 mm © NS Office of the Registrar of Regulations. Web version. 281

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Part II - Regulations Vol. 46, No. 13 Lofts As per

Article 9.39.2.2. 9.39.2.2.

Lofts 1) A loft with a ceiling height of less than 2030 mm and used as a sleeping or living space shall meet the minimum area and dimension requirements of this Article. 2) A loft shall have a floor area of not less than 3.25 m2. 3) A loft shall be not less than 1525 mm in any horizontal dimension. 4) Except as provided in Sentence (5), portions of a loft with a sloping ceiling measuring less than 915 mm from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. 5) Under finished sloped ceilings with a minimum slope of 6:12, portions of a loft with a sloping ceiling measuring less than 405 mm from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area of the loft. 6) The access to and primary egress from a loft shall be

a) of any type described in Articles 9.39.2.3., 9.39.2.4., 9.39.2.5. or 9.39.2.6.,

b) securely attached to the loft, and

c) the required handrails shall extend to the height of the loft guard. 7) A loft that meets the requirements of this

Article and does not exceed 2/3 of the building area of the tiny home is not considered a storey. 8) Where a loft is used as a sleeping room, smoke alarms required by Subsection 9.10.19. are not required in the loft provided a smoke alarm is located within 1.5 m from the edge of the open side of the loft. (See Note NS-9.39.2.2.(8), NSBCR) 9.39.2.3. Stairways 1) A stairway accessing a loft shall comply with

a) Section 9.8., or

b) this Article. 2) A stairway accessing a loft shall not be less than 430 mm in clear width at all points at or above the permitted handrail height. 3) The minimum width below the handrail shall not be less than 505 mm. 4) Except as provided in Sentence (5), the headroom in a stairway accessing a loft shall not be less than 1880 m when measured in accordance with Sentence 9.8.2.2.(1). 5) The headroom for a landing platform shall be not less than 1370 mm. 6) A riser for a stair in a stairway accessing a loft shall be uniform and a minimum of 180 mm and a maximum of 305 mm calculated using the following formulas: Run = 510 mm minus 4/3 riser height OR © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 46, No. 13 Riser height = 380 mm minus 3/4 run (See Note NS-9.39.2.3.(6), NSBCR) 7) A landing platform on a stairway accessing a loft shall measure 2 treads deep and 2 risers tall. 8) A handrail shall comply with Subsection 9.8.7. 9) A guard at open sides of stairs shall comply with Subsection 9.8.8. 9.39.2.4.

Ladders for Lofts 1) A ladder accessing a loft shall have 305 mm minimum rung width and 255 mm to 355 mm spacing between rungs. 2) The rung spacing shall be uniform within 9.5 mm. 3) A ladder accessing a loft shall be capable of supporting 1000 N load on any rung. 4) A ladder accessing a loft shall be installed at 70 to 80 degrees from horizontal. 9.39.2.5. Alternating Tread Devices (See Note A-9.39.2.5., NBC) 1) An alternating tread device accessing a loft shall comply with this Article. 2) The clear width at and below the handrails shall not be less than 510 mm. 3) An alternating tread device shall have

a) a tread depth of not less than 125 mm,

b) a projected tread depth of not less than 215 mm,

c) a tread width of not less than 180 mm, and

d) a uniform riser height of not more than 240 mm. 4) The tread depth shall be measured horizontally between the vertical planes of the foremost projections of adjacent treads. 5) The riser height and tread depth provided shall result in an angle of ascent from the horizontal of between 50 and 70 degrees. 6) The initial tread of the alternating tread device shall begin at the same elevation as the platform, landing or floor surface. 7) A handrail shall be provided on both sides of an alternating tread device and shall comply with Articles 9.8.7.2. (Continuity of Handrails) and 9.8.7.5. (Ergonomic Design). 8) The height of a handrail shall be not less than 765 mm and not more than 865 mm high measured in accordance with Sentence 9.8.7.4.(1). 9.39.2.6.

Ships Ladders 1) A ships ladder accessing a loft shall comply with this Article. 2) A handrail shall be provided on both sides of a ships ladder and shall comply with © NS Office of the Registrar of Regulations. Web version. 283

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Part II - Regulations Vol. 46, No. 13 Articles 9.8.7.2. (Continuity of Handrails), and 9.8.7.5. (Ergonomic Design). 3) The height of the handrail shall be not less than 765 mm and not more than 865 mm high measured in accordance with Sentence 9.8.7.4.(1). 4) The clear width at and below the handrail of a ships ladder shall not be less than 510 mm. 5) The tread on a ships ladder shall have a depth of not less than 125 mm. 6) The tread shall be projected such that the total of the tread depth plus the nosing projection is not less than 215 mm. 7) The riser height shall be uniform and not more than 240 mm. 9.39.2.7.

Loft Guards 1) A loft guard shall be located along the open side of a loft which is located more than 600 mm above the floor. 2) A loft guard shall be the lesser of a) 915 mm in height, or

b) one half the clear height to the ceiling. 3) A loft guard is permitted a maximum opening of 610 mm to allow for access to the loft. 9.39.3.1. Egress Openings 1) An egress roof access window in a tiny house shall meet the requirements for an egress opening from a bedroom contained in

Article 9.9.10.1. 2) An egress roof access window in a loft which is used as a sleeping room shall be installed with the bottom of the window opening not more than 1120 mm above the loft floor. Table 9.37.1.1. (Objectives and Functional Statements Attributed to Acceptable Solutions in

Part 9) amended 88

(1) Table 9.37.1.1. of the National Building Code is amended by repealing and replacing the functional statements and objectives for

Article 9.10.19.4. with the following functional statements and objectives: Functional Statements and Objectives 9.10.19.4. Power Supply (1) [F11, F81-OS1.5] (2) [F11, F81-OS1.5]

(2) Table 9.37.1.1. of the National Building Code is amended by repealing the functional statements and objectives for

Article 9.32.3.6.

(3) Table 9.37.1.1. of the National Building Code is amended by adding the following functional statements and objectives immediately after the functional statements and objectives for

Article © NS Office of the Registrar of Regulations. Web version. 284

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Part II - Regulations Vol. 46, No. 13 9.36.5.16.: Functional Statements and Objectives 9.38. Recreational Cabins 9.38.2.1. Exclusions (2) [F40-OH2.5] [F20-OP2.1] [F20-OS2.1] [F30-OS3.1] 9.38.2.2. Foundations (2) [F20-OP2.1] [F20-OS2.1]

(4) Table 9.37.1.1. of the National Building Code is amended by adding the following functional statements and objectives immediately after the functional statements and objectives for

Article 9.38.2.2.: Functional Statements and Objectives 9.39. Tiny Homes 9.39.2.1. Ceiling heights of Rooms and Spaces (1) [F30-OS3.1] [F10-OS3.7] 9.39.2.2. Lofts (2) [F10-OS3.7] (3) [F10-OS3.7] 9.39.2.3. Stairways (2) [F30-OS3.1] (3) [F30-OS3.1] (4) [F30-OS3.1] [F10-OS3.7] (5) [F30-OS3.1] [F10-OS3.7] (6) [F30-OS3.1] (7) [F30-OS3.1] 9.39.2.4. Ladders for Lofts (1) [F30-OS3.1] (2) [F30-OS3.1] © NS Office of the Registrar of Regulations. Web version. 285

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Part II - Regulations Vol. 46, No. 13 (3) [F20-OS2.1] (4) [F30-OS3.1] 9.39.2.5. Alternating Tread Devices (2) [F30-OS3.1] (3) [F30-OS3.1] (5) [F30-OS3.1] (7) [F30-OS3.1] (8) [F30-OS3.1] 9.39.2.6. Ships Ladders (1) [F30–OS3.1] (2) [F30-OS3.1] (3) [F30-OS3.1] (4) [F30-OS3.1] (5) [F30-OS3.1] (6) [F30-OS3.1] (7) [F30-OS3.1] 9.39.2.7. Loft Guards (1) [F30-OS3.1] [F10-OS3.7] (2) [F30-OS3.1] [F30-OS3.7] (3) [F30-OS3.1] [F30-OS3.7] 9.39.3.1. Egress Openings (2) [F10-OS3.7] Amendments to

Part 2 (Plumbing Systems) of Division B of National Plumbing Code

Article 2.4.9.1. (No Reduction in Size) replaced 89

Article 2.4.9.1. (Part 2 of Division

B) of the National Plumbing Code is repealed and replaced with the following Article: 2.4.9.1. No Reduction in Size 1) Except as permitted in Sentence (3), no drainage pipe that is of minimum size required by this Part for the purpose for which it is installed shall be so connected as to drain to other drainage pipe of lesser size. © NS Office of the Registrar of Regulations. Web version. 286

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Part II - Regulations Vol. 46, No. 13 2) Where a building drain connects to a stack through a wall or floor, the drain shall retain its full size through the wall or floor. 3) A sanitary drainage pipe may be connected to a pre-engineered waste water heat recovery system that incorporates piping of a lesser size than required by Sentence (1) if the drainage pipe does not convey sewage

a) from a sanitary unit, or

b) that contains solids. Sentence 2.6.1.6.(4) (Flushing Devices) replaced 90 Sentence 2.6.1.6.(4) (Part 2 of Division

B) of the National Plumbing Code is repealed and replaced with the following Sentence: 4) Sentence (3) does not apply to a fixture located in a heritage building, or a care, treatment or detention occupancy or passenger station.

Article 2.6.1.8. (Solar Domestic Hot Water Systems) replaced 91

Article 2.6.1.8. (Part 2 of Division

B) of the National Plumbing Code is repealed and replaced with the following Article: 2.6.1.8. Solar Domestic Hot Water Systems 1) Except as provided in Sentence (2), systems for solar heating of potable water shall be installed in accordance with good engineering practice. 2) Systems for solar heating of potable water in residential occupancies shall be installed in conformance with CAN/CSA-F383, “Installation Code for Solar Domestic Hot Water Systems”. Amendments to

Part 1 (General) of Division B of National Energy Code Sentence 1.1.2.1.(1) (Prescriptive, Trade-off or Performance Compliance) replaced 92 Sentence 1.1.2.1.(1) (Part 1 of Division

B) of the National Energy Code, is repealed and replaced with the following Sentence: 1) Buildings shall comply with one of the following:

a) the prescriptive or trade-off requirements for climatic Zone 6 stated in Parts 3 to 7, or

b) the performance requirements stated in

Part 8.

Schedule A: Forms for Field Review of Construction Form 1—Letter of Undertaking: Confirmation of Commitment by Owner to Municipal Building Official as Authority Having Jurisdiction (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code. © NS Office of the Registrar of Regulations. Web version. 287

- - - - - - - - - - - - - - - - - - - - N.S. Reg. 116/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 13 Architects, interior designers and professional engineers are required by their respective statutes, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

This letter of undertaking must be submitted with a completed application for a building permit. To: authority having jurisdiction (building official) date address Dear authority having jurisdiction (building official) Re: address of project name of project legal description of project I, the owner, submit this letter of undertaking to the building official as the authority having jurisdiction along with a completed application for a building permit. I have appointed an architect(s), professional engineer(s), interior designer(s), or designer(s), or prime consultant(

s) to undertake the field reviews of construction, as required by Sections 30 to 33 of the regulations for the following disciplines, which I have initialled: (Initial the disciplines that apply to this project.

All disciplines will not necessarily be employed on every project.) ___ Building Design ___ Interior Design ___ Structural ___ Plumbing ___ Mechanical ___ Electrical ___ Geotechnical ___ Fire Suppression System ___ Resource Conservation–Energy (check all appropriate boxes) I have attached the following to this letter of undertaking: ~ field review of construction commitment certificates completed by me or the prime consultant appointed by me to coordinate the field review of construction. ~ field review of construction commitment certificates (identified above) completed by responsible individuals appointed by me to perform the field review of construction for the applicable discipline(s). © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 46, No. 13 I will forward ~ field review of construction commitment certificates for responsible individuals not yet appointed. I will notify the building official as the authority having jurisdiction if the architect, interior designer or professional engineer named in the attached field review of construction commitment certificates ceases, for whatever reason, to provide the field review of construction for this project and will appoint another architect, interior designer or professional engineer immediately so that the field review of construction will continue uninterrupted.

If the contract for a field review of construction is terminated at any time during construction, this notice and the necessary field review of construction commitment certificates will be forwarded to the building official as the authority having jurisdiction as soon as practical, but no later than 72 hours after the change in the individual responsible occurs. signature of owner date print name address postal code phone fax e-mail Form 2—Commitment Certificate: Prime Consultant (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code. Architects, interior designers and professional engineers are required by their respective statutes, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

To: authority having jurisdiction (building official) date address © NS Office of the Registrar of Regulations. Web version. 289

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Part II - Regulations Vol. 46, No. 13 Dear authority having jurisdiction (building official) Re: address of project name of project legal description of project This is to advise that I am the architect, interior designer, professional engineer or designer appointed by the owner as prime consultant to coordinate the field review of construction for this project. I hereby certify, as prime consultant for this project, that I will coordinate the field review of construction for the following disciplines, which I have initialled: (Initial the disciplines that apply to this project.

All disciplines will not necessarily be employed on every project.) ___ Building Design ___ Interior Design ___ Structural ___ Plumbing ___ Mechanical ___ Electrical ___ Geotechnical ___ Fire Suppression System ___ Resource Conservation–Energy I attach for your review the field review of construction commitment certificates for each above initialled discipline completed by an appropriate professional for the discipline, or will forward the field review of construction commitment certificate for those not yet appointed.

I, and professionals who have completed the various field review of construction commitment certificates, will perform the field review of construction. I also certify that 1) I will coordinate the review of shop drawings; 2) I will coordinate the review of changes to the design documents; and 3) I will complete, or have completed by the appropriate professional, the certification of field review of construction and return it to the building official as the authority having jurisdiction before the occupancy permit is issued.

Please be advised that I may delegate some or all of my duties associated with the coordination of the field review of construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. All delegated functions will be performed under my supervision in accordance with the Architects Act, the Interior Designers Act and the Engineering Profession Act.

If the contract for a field review of construction is terminated at any time during construction, I will notify a building official as the authority having jurisdiction as soon as practical, but no later than 72 hours after the event. © NS Office of the Registrar of Regulations. Web version. 290

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Part II - Regulations Vol. 46, No. 13 print name signature print name of firm or company initials If a design professional: Affix below the seal of the licensed architect, interior designer or professional engineer in accordance with provincial legislation. print address If not a design professional, this document must be signed by the person appointed as the prime consultant. municipality postal code telephone fax e-mail Form 3—Commitment Certificate: Building Design Requirements (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code. Architects, interior designers and professional engineers are required by their respective statutes, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

To: authority having jurisdiction (building official) date address Dear authority having jurisdiction (building official) Re: address of project name of project © NS Office of the Registrar of Regulations. Web version. 291

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Part II - Regulations Vol. 46, No. 13 legal description of project This is to advise that I am the interior designer, architect, or professional engineer appointed by the owner or prime consultant to perform the field review of construction for the building design aspects of this project, which are within Parts 3 and 5 of the National Building Code and

Part 3 of the National Energy Code, and as shown in design documents submitted to a building official as the authority having jurisdiction, but do not include areas of work referred to in the certificates in Forms 4 to 11 of the regulations, inclusive.

I hereby certify, for the building design requirements, that 1) I will review the shop drawings relevant to this certificate to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed in the documents; 2) I will coordinate the review of changes to the design documents relevant to this certificate to ensure that the changes conform to the Code; and 3) I will complete the certification of field review of construction and return it to a building official as the authority having jurisdiction before the occupancy permit is issued.

Please be advised that I may delegate some or all of my duties associated with the coordination of the field review of construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. All delegated functions will be performed under my supervision in accordance with the Architects Act, the Interior Designers Act and the Engineering Profession Act.

If the contract for a field review of construction is terminated at any time during construction, I will notify a building official as the authority having jurisdiction as soon as practical, but no later than 72 hours after the event. print name Affix below the seal of the licensed architect, interior designer or professional engineer in accordance with provincial signature initials legislation. print name of firm or company print address municipality postal code telephone fax e-mail Form 4—Commitment Certificate: Structural Design Requirements (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code.

Architects, interior designers and professional engineers are required by their respective statutes, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. © NS Office of the Registrar of Regulations. Web version. 292

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Part II - Regulations Vol. 46, No. 13 Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

To: authority having jurisdiction (building official) date address Dear authority having jurisdiction (building official) Re: address of project name of project legal description of project This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the field review of construction for the structural design requirements for this project.

I hereby certify, for the structural design requirements, that 1) I will review the structural shop drawings to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed in the documents; 2) I will coordinate the review of changes to the structural design drawings to determine that the changes conform to the Code; and 3) I will complete the certification of field review of construction and return it to a building official as the authority having jurisdiction before the occupancy permit is issued.

Please be advised that I may delegate some or all of my duties associated with the field review of construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. All delegated functions will be performed under my supervision in accordance with the Engineering Profession Act. If the contract for a field review of construction is terminated at any time during construction, I will notify a building official as the authority having jurisdiction as soon as practical, but no later than 72 hours after the event. © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 46, No. 13 print name Affix below the seal of the licensed professional engineer in accordance with provincial legislation. signature initials print name of firm or company print address municipality postal code telephone fax e-mail Form 5—Commitment Certificate: Mechanical Design Requirements (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code. Professional engineers are required by their statute, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

To: authority having jurisdiction (building official) date address Dear authority having jurisdiction (building official) Re: address of project name of project © NS Office of the Registrar of Regulations. Web version. 294

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Part II - Regulations Vol. 46, No. 13 legal description of project This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the field review of construction for the mechanical design aspects of this project, which are within

Part 6 of the National Building Code and Parts 5 and 6 of the National Energy Code. I hereby certify, for the mechanical design requirements, that 1) I will review the mechanical shop drawings to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed in the documents; 2) I will coordinate the review of changes to the mechanical design documents to ensure that the applicable professional engineer(

s) determines whether the changes conform to the Code; and 3) I will complete the certification of field review of construction and return it to a building official as the authority having jurisdiction before the occupancy permit is issued. Please be advised that I may delegate some or all of my duties associated with the field review of construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. All delegated functions will be performed under my supervision in accordance with the Engineering Profession Act.

If the contract for a field review of construction is terminated at any time during construction, I will notify a building official as the authority having jurisdiction as soon as practical, but no later than 72 hours after the event. print name Affix below the seal of the licensed professional engineer in accordance with provincial legislation. signature initials print name of firm or company print address municipality postal code telephone fax e-mail Form 6—Commitment Certificate: Electrical Design Requirements (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code. Professional engineers are required by their statute, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met. © NS Office of the Registrar of Regulations. Web version. 295

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Part II - Regulations Vol. 46, No. 13

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

To: authority having jurisdiction (building official) date address Dear authority having jurisdiction (building official) Re: address of project name of project legal description of project This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the field review of construction for the electrical design aspects of this project, which are within

Part 1 of the Canadian Electrical Code and Parts 4 and 7 of the National Energy Code. I hereby certify, for the electrical design requirements, that 1) I will review the electrical shop drawings to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed in the documents; 2) I will coordinate the review of changes to the electrical design documents to ensure that the applicable professional engineer(

s) determines whether the changes conform to the Code; and 3) I will complete the certification of field review of construction and return it to a building official as the authority having jurisdiction before the occupancy permit is issued. Please be advised that I may delegate some or all of my duties associated with the field review of construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. All delegated functions will be performed under my supervision in accordance with the Engineering Profession Act.

If the contract for a field review of construction is terminated at any time during construction, I will notify a building official as the authority having jurisdiction as soon as practical, but no later than 72 hours after the event. © NS Office of the Registrar of Regulations. Web version. 296

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Part II - Regulations Vol. 46, No. 13 print name Affix below the seal of the licensed professional engineer in accordance with provincial legislation. signature initials print name of firm or company print address municipality postal code telephone fax e-mail Form 7—Commitment Certificate: Fire Suppression Systems Design Requirements (Field Review of Construction)

Preamble The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia Building Code Regulations (the “regulations”) made under the Building Code Act, together with the National Building Code, the National Plumbing Code and the National Energy Code, as amended and adopted by the regulations. Construction and demolition of buildings must be done in accordance with the Act, the regulations and the Code. Professional engineers are required by their statute, regulations and bylaws to ensure the general public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings in conformance with the minimum standards of the Code, with sufficient drawings and documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the stage of construction to determine general compliance with the design drawings (and all revisions) accepted by a building official as the authority having jurisdiction. Completed commitment certificates for these field reviews of construction must be submitted to a building official as the authority having jurisdiction. If a building official has not been assigned by the applicable municipality, this document must be submitted directly to the municipality until a building official is assigned.

To: authority having jurisdiction (building official) date address Dear authority having jurisdiction (building official) Re: address of project name of project © NS Office of the Registrar of Regulations. Web version. 297

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Part II - Regulations Vol. 46, No. 13 legal description of project This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the field review of construction for the fire suppression systems design requirements. I hereby certify, for the fire suppression systems design requirements, that 1) I will re