Newfoundland and Labrador Gazette, Part I — 11 May 2012, Vol. 87, No. 19 — Mineral Act Notice; Lands Act Notice

NLG 2012-05-11

Newfoundland and Labrador — Gazette

187 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, MAY 11, 2012 No. 19 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990, cM-12, as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 010541M Held by Buchans Minerals Corporation Situate near West Tally Pond, Central NL On map sheet 12A/10 Mineral License 011652M Held by Quinlan, Roland Situate near Carson Pond, Southern NL On map sheet 11P/13 Mineral License 013000M Held by Alterra Resources Inc. Situate near Coy Pond, Central NL On map sheet 02D/05 Mineral License 013001M Held by Alterra Resources Inc.

Situate near Coy Pond, Central NL On map sheet 02D/05 Mineral License 013013M Held by Search Minerals Inc. Situate near Kane Brook, Southern NL On map sheet 01M/14 Mineral License 013249M Held by Noel, E. Michele Situate near Dawsons Cove, Southern NL On map sheet 01M/05 01M/12 Mineral License 013253M Held by Ryan, Kevin Situate near Lunch Pond, Burin Peninsula On map sheet 01M/03 Mineral License 013256M Held by Altius Resources Inc. Situate near Northwest Gander River, Central NL On map sheet 02D/14 Mineral License 013259M Held by Altius Resources Inc.

Situate near South of Glenwood, Central NL On map sheet 02D/15 Mineral License 014515M Held by Crosshair Exploration & Mining Corp. Situate near Nipishish Lake On map sheet 13K/07 Mineral License 018119M Held by Golden Do ry Resources Corp. Situate near Great Rattling Brook, Central NL On map sheet 02D/12 02D/13

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 188 Mineral License 018120M Held by Golden Do ry Resources Corp. Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 014520M Held by Stares Prospecting Ltd. Situate near Peter Snout Area, Southern NL On map sheet 11P/13 Mineral License 018077M Held by Mercer, David Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 018078M Held by Courtney, Stephen Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 014540M Held by Golden Do ry Resources Corp.

Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 014542M Held by Golden Do ry Resources Corp. Situate near Grand Falls, Central NL On map sheet 02D/13 A portion of license 015123M Held by Kelloway, Keith Situate near Freshwater Pond, Burin Peninsula On map sheet 01M/03 more particularly described in an application on file at Department of Natural Resources Mineral License 018554M Held by Sweetapple, Ronald Situate near Arnolds Cove, Eastern NL On map sheet 01N/13 Mineral License 018842M Held by Altius Resources Inc.

Situate near Northwest Gander River, Central NL On map sheet 02D/11 02D/14 Mineral License 015926M Held by Altius Resources Inc. Situate near Northwest Gander River, Central NL On map sheet 02D/14 Mineral License 017125M Held by Kelly-King, Mary Situate near Roti Bay, Southern NL On map sheet 01M/13 Mineral License 017143M Held by Duffitt, Alexander S. Situate near Iron Arm On map sheet 23J/09 Mineral License 017144M Held by Strong, Paul Situate near Eagle Lake On map sheet 23J/09 Mineral License 018122M Held by Ryan, Kevin Situate near St.

Lawrence, Burin Peninsula On map sheet 01L/14 Mineral License 018245M Held by Herron, Lori Situate near Bunyans Cove, Eastern NL On map sheet 02C/05 Mineral License 018247M Held by Herron, Lori Situate near Bunyans Cove, Eastern NL On map sheet 02C/05 Mineral License 018318M Held by Specogna, Marino Situate near St John Island, Great Northern Peninsula On map sheet 12I/14 Mineral License 018326M Held by Dawson, Michael E. Situate near Victoria Lake, Central NL On map sheet 12A/06 12A/05 Mineral License 018385M Held by Pennecon Heavy Civil Ltd.

Situate near Upper Humber River, Western NL On map sheet 12H/11 Mineral License 018387M Held by Tectonics Inc. Situate near Black Duck Brook, Western NL On map sheet 12B/10 12B/11 Mineral License 018398M Held by Walsh, David Situate near Fox Island River Area, Western NL On map sheet 12B/15 Mineral License 018404M Held by KAT Gold Holdings Corp.

Situate near Bunyans Cove, Eastern NL On map sheet 02C/05 02D/08 Mineral License 018407M Held by Pretty, Rodney Eldon Situate near Jacksons Arm, White Bay Area On map sheet 12H/15 Mineral License 018408M Held by Greene, Barry Situate near Noel Pauls Brook, Central NL On map sheet 12A/16 Mineral License 018412M Held by Lushman, Gilbert Situate near Star Lake, Central NL On map sheet 12A/11 Mineral License 018413M Held by Greene, Barry Situate near Little Rattling Brook, Central NL On map sheet 02D/12 Mineral License 018414M Held by Mercer, David Situate near Island Pond Area, Central NL On map sheet 02D/13

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 189 Mineral License 018415M Held by Mercer, David Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 018416M Held by Courtney, Stephen Situate near Stony Brook, Central NL On map sheet 02D/13 Mineral License 018417M Held by Knight, Edmund Situate near Fox Island River, Western NL On map sheet 12B/16 Mineral License 018418M Held by Knight, Edmund Situate near Fox Island River, Western NL On map sheet 12B/16 Mineral License 018419M Held by Sutton, Elmer Situate near Makkovik River Area On map sheet 13J/14 Mineral License 018424M Held by Hicks, David Situate near Cloud River, Great Northern Peninsula On map sheet 12I/16 Mineral License 018425M Held by Northcott, Edwin Situate near Grandy Brook, Southern NL On map sheet 11P/12 11P/13 Mineral License 018426M Held by Mercer, William Situate near Noel Pauls Brook, Central NL On map sheet 12A/09 Mineral License 018427M Held by Strong, Paul Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 018428M Held by Strong, Paul Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 018429M Held by Pretty, Adam Situate near Davis Cove, Burin Peninsula On map sheet 01M/09 Mineral License 018430M Held by Pretty, Adam Situate near Sandy Harbour River, Burin Peninsula On map sheet 01M/09 Mineral License 018431M Held by Pretty, Adam Situate near Black Hill Pond, Southern NL On map sheet 01M/10 Mineral License 018432M Held by Kelly Jr, Daniel Situate near Mortier Bay, Burin Peninsula On map sheet 01M/03 Mineral License 018433M Held by Pretty, Adam Situate near Top Pond, Southern NL On map sheet 11P/13 Mineral License 018436M Held by Pretty, Adam Situate near Bay Du Nord River Area, Southern NL On map sheet 01M/11 01M/14 Mineral License 018437M Held by Sutton, Elmer Situate near Letitia Lake On map sheet 13L/02 13L/01 Mineral License 018441M Held by Noel, Nathaniel Situate near Twin Ponds, West of White Bay On map sheet 12H/11 Mineral License 018444M Held by Noel, Nathaniel Situate near Twin Ponds, West of White Bay On map sheet 12H/11 Mineral License 018445M Held by Stares, Shane Situate near Torrent River, Great Northern Peninsula On map sheet 12I/10 Mineral License 018446M Held by LeDrew, Donald Situate near Gander South, Central NL On map sheet 02E/08 Mineral License 018448M Held by Stares, Alexander T.

Situate near Grand Bay Area, Southern NL On map sheet 11O/11 Mineral License 018449M Held by Zonte Metals Inc. Situate near Wings Point Area, Central NL On map sheet 02E/07 Mineral License 018450M Held by Zonte Metals Inc.

Situate near Wings Point Area, Central NL On map sheet 02E/02 02E/07 Mineral License 018451M Held by Normore, Royle Situate near Forteau Bay On map sheet 12P/07 Mineral License 020001M Held by Natural Resources, Test Gp Situate near Dolland Pond, Central NL On map sheet 11P/16 11P/15 12A/01 12A/02 Mineral License 020003M Held by Natural Resources Situate near Baccalieu Tickle On map sheet 02C/02 Mineral License 020004M Held by Natural Resources, Test Gp Situate near Baccalieu Tickle On map sheet 02C/02

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 190 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08 and 28/09 and outlined on 1:50 000 scale digital maps maintained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32nd clear day after the date of this publication.

DEPARTMENT OF NATURAL RESOURCES JIM HINCHEY, P.Geo Manager - Mineral Rights File #'s 774: 5866, 6675, 7859, 7860, 7872, 8102, 8106, 8109, 8112, 8114, 9252, 9253, 9257, 9260, 9276, 9277, 9714; 775: 0056, 0156, 0157, 0763, 0781, 0782, 0794, 1494, 1612, 1614, 1677, 1683, 1741, 1743, 1754, 1760, 1763, 1764, 1768, 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1780, 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1789, 1792, 1793, 1797, 1800, 1801, 1802, 1804, 1805, 1806, 1807, 1811, 1813, 1816, 3063, 3065, 3066 May 11 CITY OF ST. JOHN=S ACT ST. JOHN=S MUNICIPAL COUNCIL NOTICE ST.

JOHN=S RULES OF PROCEDURE BY-LAW TAKE NOTICE that the St. John =s Municipal Council has enacted an amendment to the St. John’s Rules of Procedure (Amendment No. 1 – 2012) By-Law. The said Amendment was passed by Council on the 24 th day of April, 2012, and has the effect of establishing internal consistency with respect to certain terminology within the Rules of Procedure while remaining consistent with the relevant provisions of the City of St. John’s Act.

All persons are hereby required to take notice that any person who wishes to view such Regulations may view same at the Office of the City Solicitor of the St. John =s Municipal Council at City Ha ll, and that any person who wishes to obtain a copy thereof may obtain it at the said office upon the payment of a reasonable charge as established by the St. John =s Municipal Council for such copy. Dated this 24th day of April, 2012. CITY OF ST.

JOHN=S Neil Martin, City Clerk May 11 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF CENTREVILLE-WAREHAM-TRINITY MUNICIPAL PLAN AMENDMENTS NO. 4, NO. 5, AND NO 6, 2012, AND DEVELOPMENT REGULATIONS AMENDMENTS NO. 4, NO. 5, AND NO 6, 2012 TAKE NOTICE that the TOWN OF CENTREVILLE- WAREHAM-TRINITY Municipa l Plan Amendments No. 4, No. 5, and No. 6, 2012 and Development Regulations Amendments No. 4, No. 5, and No. 6, 2012 adopted on the 20th day of February, 2012, (as approved on the 20 th day of March, 2012) have been registered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 4, 2012 and Development Regulations Amendment No. 4, 2012 is to change the land use designation of a site located on the east side of J. W. Pickersgill Boulevard in the northern end of Trinity from Rural to Residential in order to allow new housing development. In general terms, the pu rpose of Municipal Plan Amendment No. 5, 2012 and Development Regulations Amendment No. 5, 2012 is to change the land use designation of a site located at the eastern end of Wareham Road from Rural to Residential in order to allow new housing development.

In general terms, the pu rpose of Municipal Plan Amendment No. 6, 2012 and Development Regulations Amendment No. 6, 2012 is to change the land use designation of a site located on the south side of J. W. Pickersgill Boulevard at the western entrance to Centreville from Commercial and Rural to Mixed Development in order to allow a mix of commercial and residential development These amendments come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of them may do so at the Town Office during normal working hours.

TOWN OF CENTREVILLE-WAREHAM-TRINITY Michelle Lane, Town Clerk May 11

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 191 LANDS ACT NOTICE OF INTENT Lands Act, c36, SNL 1991, as amended NOTICE IS HEREBY gi ven that NEWFOUNDLAND POWER INC. of St. John’s, NL, intends to apply to the Department of Environment a nd Conservation, two months from the publication of this notice, to acquire title, pursuant to

section 7(2) (

a) of the said Act, to that piece of Crown land situated within fifteen (15) meters of the waters of Rattling Brook in the Electoral District of Lewisporte for the purpose of a Salmon Collection Facility The land is described as follows: Bounded on the North by Route 351 for a distance of 55 metres; Bounded on the East by Rattling Brook Powerhouse Access Road for a distance of 44 metres; Bounded on the South by Newfoundland T’Railway for a distance of 45 metres; Bounded on the West by Rattling Brook for a distance of 51 metres; and containing an area of approximately 2360 square meters Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this Notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P.O.

Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 1L7. c/o Western Regional Lands Office, P.O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 For further information on the proposed application, please contact GARY HUMBY, Telephone Number (709) 737- 2826.

May 4 NOTICE OF INTENT Lands Act, c36, SNL 1991, as amended NOTICE IS HEREBY given that ROB CARTER of Mount Pearl, NL, intends to apply to the Department of Environment and Conservation, two months from the publication of this notice, to acquire title, pursuant to

section 7(2) of the said Act, to that piece of Crown Land situated within fifteen (15) meters of the waters of First Pond in the Electoral District of Petty Harbour/St. John’s for the purpose of a Landing Site.

The land is described as follows: Bounded on the North by First Pond for a distance of 15 metres; Bounded on the East by Petty Harbour Road for a distance of 5 metres; Bounded on the South by Petty Harbour Road for a distance of 15 metres; Bounded on the West by Petty Harbour Road for a distance of 5 metres; and containing an area of approximately 125 square meters Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this Notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P.O.

Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 1L7. c/o Western Regional Lands Office, P.O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 For further information on the proposed application, please contact ROB CARTER, Telephone Number (709) 368- 8681. May 4 MECHANICS’ LIEN ACT NOTICE OF INTENTION TO RELEASE MECHANICS’ LIEN HOLDBACK PURSUANT TO

SECTION 12 OF THE MECHANICS’ LIEN ACT RSNL 1990, cM-3 (THE “ACT”) PURSUANT TO

section 12 of the Act, and in relation to a contract A4VI-30-CA0004 entered into between Vale Newfoundland and Labrador Limited and BMA Constructors which contract is dated as of August 11 th, 2010, notice is hereby given of the intention of Vale Newfoundland and Labrador Limited, to the release of mechanics’ lien holdback funds 30 days following the date of this notice. Dated at St. John’s, NL, this 13th day of April 2012. FLUOR CANADA LIMITED Troy Gilson, Project Contracts Manager (acting as Agent for Vale NL Limited) Apr 20, 27, May 4 & 11

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 192 NOTICE OF INTENTION TO RELEASE MECHANICS’ LIEN HOLDBACK PURSUANT TO

SECTION 12 OF THE MECHANICS’ LIEN ACT RSNL 1990, cM-3 (THE “ACT”) PURSUANT TO

section 12 of the Act, and in relation to a contract A4VI-90-CG0052 entered into between Vale Newfoundland and Labrador Limited and Compass Group Canada Limited which contract is dated as of March 5, 2010, notice is hereby given of the intention of Vale Newfoundland and Labrador Limited, to the release of mechanics’ lien holdback funds 30 days following the date of this notice. Dated at St. John’s, NL, this 12th day of April 2012.

FLUOR CANADA LIMITED Troy Gilson, Project Contracts Manager (acting as Agent for Vale NL Limited) Apr 20, 27, May 4 & 11 QUIETING OF TITLES ACT 2012 06G 0042 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) NOTICE OF APPLICATION under the Quieting of Titles Act, RSNL, cQ-3 NOTICE IS HEREBY GIVEN to all parties that NELLIE LITTLE, of Bloomfield, in the Province of Newfoundland and Labrador, has applied to the Supreme Court of Newfoundland and Labrador, Trial Division (General), Grand Bank, to have title to all that piece or parcel of property situate at Bloomfi eld, in the Province of Newfoundland and Labrador, which property is more particularly described in Sc hedule “A” hereto annexed and shown in

Schedule “B” hereto annexed. All bearings aforementioned for which NELLIE LITTLE claims to be the owner investigated and for a Declaration that she is the absolute owner in fee simple in possession and the said NELLIE LITTLE ha s been ordered to publish Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said NELLIE LITTLE shall file in the Registry of the Supreme Court of Newfoundl and and Labrador, Trial Division (General), Grand Bank, particulars of such adverse claim and serve the same together with an Affidavit verifying same on th e undersigned Solicitors for the Applicant on or before the 6 th day of May, 2012, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Trial Division (General), Grand Bank, may direct. Dated at Clarenville, in the Province of Newfoundland and Labrador, this 5th day of April, 2012. HUGHES AND BRANNAN LAW OFFICE Solicitors for the Applicant PER: Katrina A. Brannan, QC ADDRESS FOR SERVICE: 357 Memorial Drive Clarenville, NL A5A 1R8 Tel: (709) 466-3324 Fax: (709) 466-3107

SCHEDULE “A” Nellie Little Bloomfield, NL Job No. 09-100 ALL THAT piece or parcel of land situate at Bloomfield. in the Electoral District of Bonavista South, in the Province of Newfoundland and La brador, abutted and bounded, as follows, that is to say: BEGINNING at a point, the said point having Grid Coordinates of North 5 360 197.941 metres and East 238 140.285 m etres, as referenced to the meridian of (53) degrees west longitude of the Three Degree Transverse Mercator Projection (NAD83-1992 adjustment).

THENCE running along the northerly limit of the Main Road, (20.0) metres wide, south (85) degrees, (47) minutes (30) seconds west, a distance of (50.431) metres; THENCE running by land of Jason and Wendy Little, north (16) degrees (05) minutes (27) seconds east, a distance of (48.968) metres; THENCE north (61) degrees (47) minutes (16) seconds west, a distance of (27.294) metres: THENCE running by land of Kenneth and Jennifer Little, north (22) degrees (41) minutes (16) seconds east, a distance of (16.610) metres; THENCE north (67) degrees (55) m inutes (21) seconds west a distance of (24.389) metres; THENCE running by land granted by the Crown to Robert Stratie, as registered at th e Crown Lands Registry in Volume 01, Folio 30, north (51) degrees (10) minutes (54) seconds east, a distance of (99.201) metres; THENCE running along the southwesterly limit of a Reservation, (10) metres wide, extending along the ordinary high water mark of Goose Bay , foll owing the

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 193 sinuosities thereof, for a distance of (65) metres, more of less, to a point being distant (60.051) metres as measured on a bearing of south (30) degrees (16) minutes (43) seconds east from the previously described point; THENCE running by laud granted by the Crown to Robert Stratie, as registered at th e Crown Lands Registry in Volume 01.

Folio 30, south (.21) degrees (48) minutes (57) seconds west, a distance of (82.450) metres; THENCE south (00) degrees (03) minutes (05) seconds east, a distance of (14.512) metres, more or less, to the point of beginning and being more particularly shown and delineated on the attached plan; CONTAINING an area of

(0.809) Hectares, more or less; ALL BEARINGS being referred to the meridian of (53) degrees west longitude: of the Three Degree Transverse Mercator Projection (NAD83) Copywright “2009”, D.W.Hodder, NLS Barrow & Hodder Surveys Ltd. Oct 20, 2009 May 11

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 194 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late TERRY GILLINGHAM of the Town of Musgrave Harbour, in the Province of Newfoundland and Labrador, Fisherman, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affe cting the Estate of TERRY GILLINGHAM, the aforesaid deceased, who died at Town of Gander, in the Province of Newfoundland and Labrador on or about the 9 th day of March, 2012, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 9 th day of May, 2012 after which date the Executrix will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 24th day of April, 2012. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 May 4 & 11 ESTATE NOTICE IN THE ESTATE of JOSEPH CHARLES HENRI JEAN, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, former retired counselor at Canada Employment, widowed, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affe cting the Estate of JOSEPH CHARLES HENRI JEAN, late of the Town of Stephenville, Newfoundland an d Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 11 th day of June, 2012, after which date the said Executrix will proceed to distribute the said Estate havi ng regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador this 4th day of May, 2012. MILLS & GALLANT PER: Susan H. Gallant ADDRESS FOR SERVICE P.O. Box 447, 87 Gallant Street Stephenville, NL A2N 3A3 Tel: (709) 643-5688 Fax: (709) 643-2906 May 11

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, MAY 11, 2012 No. 19 NEWFOUNDLAND AND LABRADOR REGULATION NLR 45/12

The Newfoundland and Labrador Gazette May 11, 2012 653 NEWFOUNDLAND AND LABRADOR REGULATION 45/12 Fire Protection Services Regulations under the Fire Protection Services Act (Filed May 8, 2012) Under the authority of

section 33 of the Fire Protection Services Act, I make the following regulations. Dated at St. John’s, April 30, 2012. Kevin O'Brien Minister of Municipal Affairs REGULATIONS Analysis 1.

Short title 2.

Definitions

PART I ADOPTION OF CODES 3. Codes adopted 4. Conflict

PART II SMOKE AND FIRE ALARM DETECTION SYSTEMS 5. Application 6. Compliance with codes and standards 7. Requirements 8. Testing and maintenance

PART III FIRE EXTINGUISHERS AND FIRE EXTINGUISHING SYSTEMS 9. Fire extinguishers 10. Plans to be approved 11. Installation or service of unit or system 12. Persons qualified for servic- ing 13. Notice of commissioning

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 654 14. Equipment not to be inop- erative

PART IV FIREWORKS 15. Explosives Act (Canada) 16. Permit required for retail sale 17. Discharge of family fire- works 18. Purchase and discharge of aerial fireworks 19. Discharge inside a building

PART V GENERAL 20. Transitional 21. Repeal 22. Commencement

Schedule 1. These regulations may be cited as the Fire Protection Services Regulations. 2. In these regulations (a) "aerial fireworks" means high hazard fireworks as described in Class 7, Division 2, Subdivision 2 of the Explosives Regu- lations under the Explosives Act (Canada); (b) "family fireworks" means low hazard fireworks for recrea- tion commonly referred to as consumer fireworks, and as de- scribed in Class 7, Division 2, Subdivision 1 of the Explo- sives Regulations under the Explosives Act (Canada); (c) "fireworks" means firewo rks as classified in the Explosives Regulations and the Explosives Act (Canada) and includes (

i) family fireworks, (ii) aerial fireworks, and (iii) pyrotechnics; (d) "fire extinguishing system s" means manual or automatic extinguishing systems designed to extinguish or limit the growth of a fire and include (

i) sprinkler systems and other water based systems, (ii) foam based systems, (iii) carbon dioxide systems,

Short title

Definitions

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 655 (iv) halon systems, (

v) dry chemical systems, (vi) wet chemical systems, (vii) wetting agents, and (viii) clean agent extinguishing systems; (e) "pyrotechics" means theatrica l explosives as described in Class 7, Division 2, Subdivision 5 of the Explosives Regula- tions under the Explosives Act (Canada); (f) "recognized national testing laboratory" means an organiza- tion accredited by the Standards Council of Canada; (g) "residential occupancies, group C" means the occupancy or use of a building or part of a building by persons for whom sleeping accommodations are provided but who are not har- boured or detained to receive medical care or treatment or are not involuntarily detained; and (h) "smoke alarm" means a combined smoke detector and audi- ble alarm device designed to sound an alarm within the room or suite in which it is located upon the detection of smoke within that room or suite.

PART I ADOPTION OF CODES 3.

(1) The following codes are adopted with the additions, altera- tions or changes as directed by and described in the schedule: (

a) for the construction of all buildings (

i) the National Building Code of Canada, 2010 edition, except

Part 9 where relative to one and 2 family dwell- ings within Group C, and (ii) the National Fire Code of Canada, 2010 edition; and Codes adopted

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 656 (

b) for the use and operation of all buildings, processes, areas and vehicles (

i) the National Fire Code of Canada, 2010 edition, and (ii) the NFPA 101, Life Safety Code, 2009 edition, as pub- lished by the National Fire Protection Association.

(2) Notwithstanding (

a) Division A, subsection 1.5.1.3 of the National Building Code of Canada, 2010 edition and the National Fire Code of Canada, 2010 edition; and (

b) Division B, Subsection 1.3.1 of the National Building Code of Canada, 2010 edition and the National Fire Code of Can- ada, 2010 edition the standards referenced in all codes adopted by these regu- lations shall be the current editions of those standards at the date these regulations come into force.

(3) Where, after the coming into force of these regulations, ref- erenced standards in codes adopted by these regulations change or are updated, those standards are adopted 6 months following the date of their publication. 4. In the event of a conflict between the codes adopted under sec- tion 3, the provisions of the National Building Code of Canada shall prevail with regard to design and construction, except as may be other- wise provided in the schedule.

PART II SMOKE AND FIRE ALARM DETECTION SYSTEMS 5. Smoke alarms which comply with the codes adopted under sec- tion 3 shall be installed in: (

a) new and existing dwelling units and in each sleeping room not within a dwelling unit; Conflict Application

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 657 (

b) existing one and 2 family units, owner occupied or rented, unless governed by a municipal by-law; (

c) privately owned and occupied seasonal cottages and season- al homes; and (

d) other areas which may be determined by the fire commis- sioner. 6. The installation, testing and maintenance of smoke alarms shall comply with all codes and standards adopted under

section 3 as de- scribed in the schedule. 7.

(1) The requirements for fire alarm and detection systems in new or existing buildings shall be as required by the codes and stand- ards adopted under

section 3 as desc ribed in the schedule, and may be varied by order of the fire commissioner for the safety of occupants.

(2) Fire alarm and detection systems shall be designed only by qualified persons in accordance with the National Building Code of Canada and all components of fire alarm and detection systems shall be tested, listed and labelled by a recognized national testing laboratory or as otherwise approved by the fire commissioner.

(3) The installation and verification of all newly installed fire alarm and detection systems and voice communication systems used in conjunction with fire alarm and detection systems shall comply with the National Fire Code of Canada.

(4) Plans for the installation of fire alarm and detection systems shall be approved by the fire commissioner. 8.

(1) The testing and maintenance of fire alarm and detection sys- tems in buildings shall be performed in accordance with the National Fire Code of Canada.

(2) Qualified personnel performing the tests and maintenance referred to in subsection (1) shall follow the requirements of the Na- tional Fire Code of Canada.

(3) A person shall not perform maintenance, repair, inspection, testing or verification of an installed fire alarm and detection system unless, in the opinion of the fire commissioner, that person Compliance with codes and standards Requirements Testing and mainte- nance

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 658 (

a) possess the necessary tools and testing equipment to do the work; (

b) has passed certification examinations to the satisfaction of the fire commissioner; and (

c) has received the applicable licences.

(4) A licence to perform testing and maintenance of fire alarm and detection systems shall remain in force unless cancelled, suspend- ed, or surrendered.

(5) Fire alarm and detection syst ems shall be in working order.

(6) Where services are required to installed fire alarm and detec- tion systems, those systems shall not be inoperative for any longer than reasonably necessary for those services to be performed.

(7) Where a fire alarm and detec tion system is temporarily inop- erative in an occupied building required to have a fire alarm and detec- tion system, the person responsible for completing the work shall: (

a) immediately notify the fire department and monitoring sta- tion of the shut down and where that shut down is anticipat- ed to last more than 24 hours, that notification shall be in writing; (

b) post notices on all floors by elevators and at entrances, stat- ing the fire alarm and detection system is inoperative and that work is being carried out on it and when that work is expected to be completed; (

c) patrol the area at least once every hour; (

d) notify the fire department, monitoring station and the build- ing occupants and owner when the work has been completed and the system is operational; and (

e) in addition to the requirements of paragraphs (

a) to (d), comply with the other fire and life safety requirements of the fire commissioner with respect to the shut-down, if any, for the protection of persons affected by it.

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 659

(8) Inoperative fire alarm and de tection systems referred to in subsection (7) shall be given high priority in regard to repairs or ad- justments that may be required to restore them to full operation.

PART III FIRE EXTINGUISHERS AND FIRE EXTINGUISHING SYSTEMS 9.

(1) A person shall not sell, use or install a portable fire extin- guisher within the province unless and until it has been listed and la- belled for use in Canada.

(2) A person shall not sell, use or install an obsolete fire extin- guisher, including a fire extinguisher which has been noted as obsolete by NFPA 10, Portable Fire Extinguishers, as published by the National Fire Protection Association. 10.

(1) A plan for the installation of a fire extinguishing system and system components shall be approved by the fire commissioner before that system is installed.

(2) Notwithstanding subsection (1), where a fire extinguishing system required for commercial cooking according to NFPA 96, Stand- ard for Ventilation Control and Fire Protection of Cooking Operations is installed, plan approval by the fire commissioner is not required. 11.

(1) A person shall not install or perform a service on a fire ex- tinguisher or fire extingui shing system until, in the opinion of the fire commissioner, that person (

a) possesses the necessary tools and testing equipment to do that work; (

b) has passed certification examinations to the satisfaction of the fire commissioner; and (

c) has received the applicable licence issued by the fire com- missioner.

(2) A licence shall remain in force unless cancelled, suspended or surrendered. Fire extinguishers Plans to be ap- proved Installation or service of unit or system

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 660

(3) All installation and servici ng shall be performed in accord- ance with codes adopted under

section 3 and as described in the sched- ule.

(4) The fire commissioner may cancel or suspend a licence for non-compliance with the Act or these regulations. 12.

(1) Only persons or agencies fulfilling the requirements of sub-

section 11(1) shall perform servicing procedures.

(2) An agency shall, as required by the fire commissioner, report the name and address of each qualified person and the number of and names of all trainees in its employ.

(3) A trainee shall perform servicing procedures only under the direct supervision of a qualified person who shall be responsible for the work performed. 13. Upon completion of the installation of a fire extinguishing sys- tem and upon commissioning of that system, a copy of the installer's or manufacturer's verification shall be submitted to the fire commissioner. 14.

(1) Installed fire extinguishing systems shall be in working or- der.

(2) Where services are required to installed fire extinguishing systems, those systems shall not be inoperative for any longer than rea- sonably necessary for those services to be performed.

(3) Where a fire extinguishing system is temporarily inoperative in an occupied building required to have a fire extinguishing system, the person responsible for completing the work shall (

a) immediately notify the fire department and monitoring sta- tion of the shut down and where that shut down is anticipat- ed to last more than 24 hours, that notification shall be in writing; (

b) post notices on all floors by elevators and at entrances, stat- ing the fire extinguishing system is inoperative and that work is being carried out on it and when that work is ex- pected to be completed; Persons qualified for servicing Notice of commis- sioning Equipment not to be inoperative

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 661 (

c) patrol the area at least once every hour; (

d) notify the fire department, monitoring station and the build- ing occupants and owner when the work has been completed and the fire extinguishing system is operational; and (

e) in addition to the requirements of paragraphs (

a) to (d), comply with the other fire and life safety requirements of the fire commissioner with respect to the shut-down, if any, for the protection of persons affected by it.

(4) Inoperative fire extinguishing systems referred to in subsec- tion (3) shall be given high priority in regard to repairs or adjustments that may be required to restore them to full operation.

PART IV FIREWORKS 15. Only fireworks which have been authorized under the Explo- sives Act (Canada) may be stored, sold or used in the province. 16.

(1) A person shall not offer family fireworks for retail sale un- less that person has obtained a permit from the fire commissioner au- thorizing the storage and sale of those fireworks in accordance with these regulations and the applicable federal requirements.

(2) A permit issued under subsection (1) shall remain in force until cancelled, suspended or surrendered.

(3) The fire commissioner may cancel or suspend a permit for non-compliance with the Act, these regulations or the applicable feder- al requirements. 17. A person shall not discharge or display family fireworks unless that person (

a) is over 18 years of age; (

b) discharges fireworks in accordance with instructions printed on each item or package; and (

c) exercises care and caution in the discharge of those fire- works. Explosives Act (Canada) Permit required for retail sale Discharge of family fireworks

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 662 18.

(1) A person shall not discharge aerial fireworks unless a permit from the fire commissioner is obtained authorizing the discharge or display.

(2) A permit issued for outside discharge or display of aerial fireworks is valid only for the date and area for which it is issued.

(3) The discharge or display of aerial fireworks shall be under the direction of a person authorized to do so by the applicable federal regulatory authority. 19.

(1) A person shall not discharge fireworks inside a building.

(2) Notwithstanding subsection (1), the fire commissioner may issue a permit for the discharge of pyrotechnics within a building for special occasions, including theatrical performances, and may stipulate the conditions under which that discharge may be permitted.

PART V GENERAL 20. A permit issued under the Fire Protection Act, 1991, for instal- lation, inspection or maintenance of (

a) fire alarm and detection systems; or (

b) fire extinguishers and fire extinguishing systems shall be valid for a period of 12 months following the coming into force of these regulations only, at which time all permits for those purposes issued under the former Act shall be cancelled. 21. The following regul ations are repealed: (

a) Fire Prevention Fire Extinguisher and Fixed Fire Extin- guishing Systems Regulations , Consolidated Newfound- land and Labrador Regulation 958/96; (

b) Fire Prevention Fireworks Regulations , Consolidated Newfoundland and Labrador Regulation 8/96; Purchase and dis- charge of aerial fireworks Discharge inside a building Transitional Repeal

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 663 (

c) Fire Prevention Flammable and Combustible Liquids Regulations, Consolidated Newfoundland and Labrador Regulation 959/96; (

d) Fire Prevention Regulations, Consolidated Newfoundland and Labrador Regulation 9/96; and (

e) Fire Prevention Smoke and Fire Alarm Regulations , Con- solidated Newfoundland and Labrador Regulation 960/96. 22. These regulations come in to force on June 1, 2012. Commencement

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 664

Schedule Fire and Life Safety 1.

(1) In this

Schedule (a) "addition" means an increase in building area, aggregate floor area, height, or number of stories of a structure; (b) "adopted code" means the a pplicable code as adopted under

section 3 of the regulations; (c) "authority having jurisdiction" means the government body responsible for the enforcement of a part of the referenced code or the official or agency designated by that body to ex- ercise that function; (d) "change of occupancy classification" means a change in the occupancy classification of a st ructure or portion of a struc- ture; (e) "change of use" means a change in the purpose or level of activity within a structure that involves a change in applica- tion of the requirements of the Act, regulations and adopted codes; (f) "existing building or structure" means building or structure approved for occupancy by the AHJ or a building or struc- ture which is currently occupied; (g) "historic building" means a building or facility considered to have historical, architectural , or cultural significance by a local, regional, or national authority; (h) "modification" means (

i) the addition or elimination of load-bearing elements, (ii) the reconfiguration of any space, (iii) the addition or elimination of any door or window; (iv) the reconfiguration or extension of any system, or

Interpretation

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 665 (

v) the installation of any additional equipment; (i) "new construction" means a building or structure which is (

i) under construction, or (ii) not approved for occupancy by the AHJ; (j) "reconstruction" means (

i) the reconfiguration of a sp ace that affects an exit, or a corridor shared by more than a single tenant, or (ii) the reconfiguration of space so that the rehabilitation work area is not permitted to be occupied because exist- ing means of egress and fire protection systems, or their equivalent, are not in place or continuously maintained; (k) "rehabilitation" means any work on an existing building classified as: (

i) repair, (ii) renovation, (iii) modification, (iv) reconstruction, (

v) change of use of occupancy, or (vi) addition; (l) "renovation" means (

i) the replacement in kind or strengthening of load bearing elements, or (ii) the refinishing, replacemen t, bracing, strengthening, or upgrading of existing materials, elements, equipment or fixtures, without involving the reconfiguration of spac- es; and

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 666 (m) "repair" means the patching, restoration, or painting of mate- rials, elements, equipment, or fixtures for the purpose of maintaining those materials, elements, equipment or fixtures in good or sound condition.

(2) Words and phrases used in th is

schedule that are not includ- ed in this

section shall have the meanings which are commonly as- signed to them in the context in which they are used, taking into ac- count the specialized use of terms w ith the various trades and profes- sions to which the terminology applies.

(3) The following abbreviations are used in this schedule: (

a) AHJ: authority having jurisdiction; (

b) LSC: NFPA 101 Life Safety Code; (

c) NBCC: National Building Code of Canada; (

d) NFCC: National Fire Code of Canada; and (

e) NFPA: National Fire Protection Association. 2.

(1) This

schedule directs the application and use of the adopted codes.

(2) This

schedule directs the application and use of the appro- priate codes, sections or chapters of codes that shall be used for (

a) the design, construction, operation of new structures; and (

b) the use and operation of existing structures.

(3) This

schedule identifies the procedures that owners or de- velopers shall follow in the repair, renovation, modification, recon- struction, change of use or change of occupancy classification, and ad- dition to existing structures including historic buildings. 3.

(1) This

schedule permits repairs, renovations, modifications, reconstructions, additions, and changes of use that maintain or improve the health, safety, and well-being of occupants in existing buildings, without requiring full compliance with the adopted codes, except for proportional additional work as specified in this

schedule and the LSC. Application and use Existing buildings

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 667

(2) Nothing in this

section shall be interpreted as requiring the repair, renovation, modification or reconstruction of existing buildings, but in all circumstances the requirements of the adopted codes shall be met.

(3) All work shall be classified into categories of: (

a) repair; (

b) renovation; (

c) modification; (

d) reconstruction; (

e) change of use; or (

f) addition with specific requirements establis hed for each category according to the LSC. 4.

(1) Existing life safety features which are obvious to the public, if not required by the adopted codes, shall be either maintained or re- moved.

(2) This

schedule shall not supersede any adopted codes or ordi- nances that address dangerous or unsafe buildings.

(3) Buildings and structures located in whole or in

part in a floodway or floodway fringe shall conform to the Newfoundland and Labrador Provincial Land Use Policy Flood Risk Areas.

(4) The minimum design loads fo r a structure shall be the loads applicable at the time the building was constructed, provided that no structurally deficient condition is created.

(5) Notwithstanding subsection (4), structural elements that are uncovered during the course of the building rehabilitation which are found to be unsound or structurally deficient shall comply with the load requirements of the NBCC. Compliance

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 668

(6) Where a rehabilitation work area includes a commercial kitchen and the work includes reconfiguration or extension of cooking equipment or the installation of additional cooking equipment, existing grease ducts, exhaust equipment, and kitchen hoods shall be brought into compliance with the requirements of NBCC.

(7) Where (

a) a rehabilitation work area is more than 50 percent of the gross floor area; or (

b) the occupant load is intended to be increased by at least 20 percent as a result of the rehabilitation work, the plumbing system shall be upgraded to the NBCC.

(8) Rehabilitation work, including an addition, shall not create or extend any nonconformity to the adopted codes in the existing build- ing in which the rehabilitation work or the addition is constructed. 5.

(1) Where a building permit is required for a rehabilitation pro- ject involving multiple adopted codes, before the submission of the construction permit application and upon the request of the applicant and the payment of any required fees, the AHJ or its designee and rep- resentatives from all necessary agencies may meet with the applicant to discuss plans for any proposed work or change of occupancy.

(2) The meeting referred to in subsection (1) shall, to the extent possible, include the officials resp onsible for permit approval and en- forcement with respect to the following, as applicable to the rehabilita- tion project: (

a) National Building Code of Canada; (

b) National Plumbing Code of Canada; (

c) NFPA 101, LSC; (

d) Canadian Electrical Code; (

e) National Fire Code of Canada; (

f) Public Safety Act; Preliminary meeting

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 669 (

g) Building Accessibility Act; and (

h) Historic Resources Act;

(3) Decisions made at the meeting shall be documented and circulated to those in attendance.

(4) For a rehabilitation project or portion of it that is in the re- pair, renovation, or modification category of work, a preliminary meet- ing may be permitted to be granted at the discretion of the AHJ when a request for a preliminary meeting is made by the prospective applicant prior to the submission of the construction permit application.

(5) The rehabilitation work area shall be clearly identified on all construction permit applications, construction documents, and permits required by the AHJ. 6.

(1) Building plans submitted for approval shall meet the re- quirements of the regulations, adopted codes and this schedule.

(2) All new construction, including construction and develop- ment shall meet the requirements in the table: New Construction OCCUPANCY TYPE DESIGN, CONSTRUCTION, USE & OCCUPANCY GENERAL NOTES NBCC Occupancy Classification LSC Occupancy Classification Group A - Division 1,2,3,4 Assembly ASSEMBLY NBCC, NFCC AND

CHAPTER 12 LSC Group A - Division 2 Assembly EDUCATION NBCC, NFCC AND

CHAPTER 14 LSC Group A - Division 2 Assembly DAY-CARE NBCC, NFCC AND

CHAPTER 16 LSC AND DAY-CARE REGS. Group B - Division 1 Detention DETENTION & CORRECTIONAL NBCC, NFCC AND

CHAPTER 22 LSC Design, construc- tion, use & occu- pancy - new con- struction

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 670 Group B - Division 2 Treatment HEALTH CARE NBCC, NFCC AND

CHAPTER 18 LSC Group B- Division 3 Care RESIDENTIAL BOARD AND CARE NBCC, NFCC,

Chapter 32 LSC and NL Personal Care Home Policy Manual Group C Residential ONE & TWO FAMILY DWELLINGS NO REQUIREMENTS Group C Residential LODGING & ROOMING HOUSES NBCC, NFCC AND

CHAPTER 26 LSC Group C Residential HOTELS & DORMITORIES NBCC, NFCC AND

CHAPTER 28 LSC Group C Residential APARTMENT BUILDINGS NBCC, NFCC AND

CHAPTER 30 LSC Group D Business and personal services AMBULATORY HEALTH CARE NBCC, NFCC AND

CHAPTER 20 LSC Group D Business and personal services BUSINESS NBCC, NFCC AND

CHAPTER 38 LSC Group E Mercantile MERC ANTILE NBCC, NFCC AND

CHAPTER 36 LSC Group F - Division 1,2,3 Industrial INDUSTRIAL NBCC, NFCC AND

CHAPTER 40 LSC Group F - Division 2,3 Industrial STORAGE NBCC, NFCC AND

CHAPTER 42 LSC

(3) New construction shall follow the NBCC for design and construction with the only exception of the means of egress.

(4) Means of egress for new construction shall comply with

Chapter 7 of the LSC unless otherwise provided for or modified by the individual occupancy chapters, which shall prevail.

(5) The requirements for the use and occupancy of the building shall follow the NFCC and the applicable occupancy

chapter for new construction requirements in the NFPA 101, LSC.

(6) The use and occupancy requirements shall be incorporated into the design and construction of the building.

(7) There shall be no use and occupancy requirement for design and construction that exceeds

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 671 (

a) the requirements of the NBCC; or (

b) section 2, Means of Egress, of the applicable occupancy

chapter of the NFPA 101, LSC. 7.

(1) Existing buildings shall meet the requirements of the regula- tions, adopted codes, this

schedule and the requirements in the table: Existing Buildings OCCUPANCY TYPE USE & OCCUPANCY GENERAL NOTES EXISTING ASSEMBLY NFCC AND

CHAPTER 13 LSC EDUCATION NFCC AND

CHAPTER 15 LSC DAY-CARE NFCC AND

CHAPTER 17 LSC AND DAY-CARE REGULATIONS HEALTH CARE NFCC AND

CHAPTER 19 LSC AMBULATORY HEALTH CARE NFCC AND

CHAPTER 21 LSC DETENTION & CORRECTIONAL NFCC AND

CHAPTER 23 LSC ONE & TWO FAMILY DWELLINGS NO REQUIREMENTS LODGING & ROOMING HOUSES NFCC AND

CHAPTER 27 LSC HOTELS & DORMITORIES NFCC AND

CHAPTER 29 LSC APARTMENT BUILDINGS NFCC AND

CHAPTER 31 LSC RESIDENTIAL BOARD & CARE NFCC AND

CHAPTER 33 LSC AND PERSONAL CARE HOME POLICY MANUAL MERCENTILE NFCC AND

CHAPTER 37 LSC BUSINESS NFCC AND

CHAPTER 39 LSC INDUSTRIAL NFCC AND

CHAPTER 41 LSC Use and occupancy -existing buildings

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 672 STORAGE NFCC AND

CHAPTER 43 LSC

(2) Existing buildings shall meet the requirements of NFCC; and the applicable

chapter for existing buildings in the NFPA 101, LSC.

(3) Means of egress for existing buildings shall comply with

Chapter 7 of the LSC unless otherwise provided for or modified by the individual occupancy chapters.

(4) There shall be no use and occupancy requirement for exist- ing buildings that exceeds (

a) the requirements of the NBCC; or (

b) the applicable existing occupancy

chapter of the NFPA 101, LSC.

(5) Where an existing building requires upgrading to meet the requirements of subsection (2), th e owner may be subject to a fire commissioner's order to correct any defi ciencies and that order shall be implemented in accordance with sections 8 and 9.

(6) Subject to the approval of the AHJ, where a deficiency has been identified and a directive has been issued for the correction of the deficiency, the period for complian ce to meet subsection (2) may be extended as follows: (

a) fire protection features, 5 years; (

b) structural requirements, 5 years; (

c) means of egress requirements, 2 years; and (

d) fire alarm and detection systems, 2 years.

(7) The owner may submit a life safety evaluation in accordance with

section 12 to comply with subsection (2).

(8) This

section shall not apply to historic buildings that are not undergoing rehabilitation.

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 673 8.

(1) Where a rehabilitation work area is in a building that is re- quired to have a fire alarm and det ection system in accordance with the NBCC, the fire alarm and detection system shall be installed through- out the entire building.

(2) Where a rehabilitation work area is in a building that is not equipped with a fire alarm and detection system, and the rehabilitation work when completed, changes the occupancy classification or the oc- cupant loading, a fire alarm and detection system shall be installed throughout the entire building in accordance with the NBCC.

(3) Where a rehabilitation work area is in a building that is re- quired to have a sprinkler system in accordance with the NBCC, the sprinkler system shall be installed throughout the entire building.

(4) Where a rehabilitation work area is in a building that is not equipped with a sprinkler system, and the rehabilitation work when completed, changes the occupancy classification, building area or num- ber of stories, a sprinkler system shall be installed throughout the entire building in accordance with NBCC.

(5) Where a rehabilitation work area is in a building that is not equipped with a sprinkler system and the rehabilitation work is less than 50% of the aggregate floor ar ea a life safety evaluation may be provided in accordance with

section 12. 9.

(1) The repair, renovation, modification, reconstruction, and change of use or occupancy of historic buildings shall comply with: (

a) NFPA 101, LSC; (

b) NFPA 914, Code for Fire Protection of Historic Structures; or (

c) Fire Safety Alternatives for Heritage Buildings in St. John’s, NL.

(2) For historic buildings or structures located in whole or in

part in floodway or floodway fringe, work on the building or structure shall be permitted, provided that both of the following are met: (

a) the proposed work will not preclude continued designation as a historic building or structure; and Rehabilitation work areas Historic buildings

Fire Protection Services Regulations 45/12 The Newfoundland and Labrador Gazette May 11, 2012 674 (

b) approval has been given by the Department of Municipal Affairs under the Newfoundland and Labrador Provincial Land Use Policy, Flood Risk Areas. 10. Where a conflict exists or appears to exist between 2 or more adopted code requirements, sections 6 and 7 shall apply. 11.

(1) Where the NBCC or the NFCC does not, in the opinion of the fire commissioner, address an issue or does not provide detailed requirements, the applicable

Chapter for new construction of NFPA 101, LSC shall apply.

(2) Where the NFCC does not, in the opinion of the fire com- missioner, address an issue or does not provide detailed requirements, the applicable

Chapter for existing buildings of NFPA 101, LSC shall apply.

(3) There shall be no use and occupancy requirement for exist- ing buildings that exceeds the requirements of the NBCC or

section 2 of the applicable occupancy

chapter for existing buildings of the NFPA 101, LSC. 12. Where the owner of an existing building feels it is impractical to upgrade to meet code compliance, the owner may submit a life safety evaluation to the AHJ for approval to meet fire and life safety equiva- lency in accordance with the adopted codes. ©William E. Parsons, Queen's Printer Code conflicts Code application where uncertainty Life safety evalua- tion

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 675 Index

PART I City of St.

John’s Act – Notice .............................................................................................. ...................................................... 190 Lands Act – Notices ..................................................................................................................................................................... 191 Mechanics’ Lien Act – Notices ..................................................................................................................................................... 191 Mineral Act – Notice .......................................................................................................... .......................................................... 187 Quieting of Titles Act – Notice ..................................................................................................................................................... 192 Urban and Rural Planning Act, 2009 – Notice .............................................................................................................................. 190 Trustee Act – Notices ......................................................................................................... .......................................................... 194

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Fire Protection Services Act Fire Protection NLR 45/12 CNLR 8/96 May 11/12 p. 653 Services Regulations CNLR 9/96 (In force June 1, 2012) CNLR 958/96 CNLR 959/96 & CNLR 960/96 R&S

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 11, 2012 676 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, sepa rate from covering letter. Number of inser tions required must be stated and the name s of all signing officers typewritten or printed.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-05-11
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg120511
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	59238aad6424094fe5f2223c3448e091845cb6b5

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