Nova Scotia Building Code Regulations (N.S. Reg. 322/2009) (just regulations rg2 2009 de1809)

N.S. Reg. 322/2009

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 833

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 33, No. 26 December 18, 2009 Contents Act Reg. No.

Page Building Code Act N o v a S c o t i a B u i l d i n g C o d e R e g u l a t i o n s ....................................... 322/2009 834 – a m e n d m e n t ........................................................... 326/2009 919 Consumer Protection Act G i f t C a r d R e g u l a t i o n s ..................................................... 325/2009 917 Crop and Livestock Insurance Act P o u l t r y I n s u r a n c e P l a n – a m e n d m e n t........................................... 323/2009 914 Fair Registration Practices Act Proclamation of Act, S. 26, S.N.S. 2008, c. 38 .................................. 328/2009 921 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 324/2009 915 Prescribed Petroleum Products Prices ......................................... 329/2009 922 Workers’ Compensation Act W o r k e r s ’ C o m p e n s a t i o n G e n e r a l R e g u l a t i o n s – a m e n d m e n t ........................327/2009 920 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.

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 834 © NS Registry of Regulations. Web version. N.S. Reg. 322/2009 Made: November 19, 2009 Filed: November 26, 2009 Nova Scotia Building Code Regulations Order dated November 19, 2009 Regulations made by the Minister of Labour and Workforce Development pursuant to

Section 4 of the Building Code Act

Schedule “A” 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 Nova Scotia Building Code Regulations I, Marilyn More, Minister of Labour and Workforce Development 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 repeal the Nova Scotia Building Code Regulations, N.S. Reg. 143/2006 made by Order of the Minister of Environment and Labour dated July 13, 2006 as amended, effective on and after December 31, 2009. Furthermore, I hereby make the Nova Scotia Building Code Regulations pursuant to

Section 4 of the Building Code Act,

Chapter 46 of the Revised Statutes of Nova Scotia, 1989 in the form set forth in the attached, effective on and after December 31, 2009. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, Nov. 19, 2009. Sgd.: Marilyn More Honourable Marilyn More Minister of Labour and Workforce Development

Part 1 Repeals,

Interpretation, Scope,

Definitions and Administration 1.1. Repeals, Adoption and

Interpretation 1.1.1. Title, Repeals, and Effective Date 1.1.1.1. Title. These regulations may be cited as the Nova Scotia Building Code Regulations. 1.1.1.2. Repeals and Effective Date of Regulations.

(1) The Nova Scotia Building Code Regulations (N.S. Reg. 143/2006) made by the Minister of Environment and Labour on July 13, 2006, 2006 as amended by N.S. Reg. 241/2008 (March 31, 2008, effective April 30, 2008), are hereby repealed on and after December 31, 2009.

(2) These Nova Scotia Building Code Regulations made by the Minister of Labour and Workforce Development shall come into effect on and after December 31, 2009.

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 835 1.1.2. Adoption 1.1.2.1. Nova Scotia Building Code

(1) These Nova Scotia Building Code Regulations made by the Minister of Labour and Workforce Development shall come into effect on and after December 31, 2009.

(2) These regulations adopt the National Building Code of Canada, 2005 and the 1st Revisions and Errata dated December 1, 2007, and the 2nd Revisions and Errata dated June 20, 2008, which together with the regulations shall be known as the “Nova Scotia Building Code” and may be referred to as the “Code”. 1.1.3.

Interpretation 1.1.3.1. Numbering System

(1) These regulations have been prepared following the same decimal numbering system as used in the Code.

(2) The first number indicates the Part of the regulations; the second, the

Section in the Part; the third, the Subsection and the fourth, the

Article in the Subsection. An

Article may be further broken down into Sentences (indicated by numbers in brackets), and the Sentence further divided into Clauses and Subclauses. They are illustrated as follows: A Division A-3 Part A-3.5

Section A-3.5.2. Subsection A-3.5.2.1.

Article A-3.5.2.1.

(2) Sentence A-3.5.2.1.(2)(

a) Clause A-3.5.2.1.(2)(a)(

i) Subclause 1.1.3.2. Schedules The Schedules “A” through “A-9” inclusive, “B”, “C” and “D” form part of these regulations. 1.1.4. Nova Scotia Building Advisory Committee 1.1.4.1. Appointment of Nova Scotia Building Advisory Committee

(1) The Minister may appoint to the Committee such number of members as the Minister determines, for such terms as may be specified in the appointments.

(2) The Committee shall include (

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

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

c) a representative appointed from among pe rsons nominated by the Disabled Persons Commission; (

d) a representative appointed from among pers ons 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 Designers Association; (

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

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

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 pers ons nominated by the Executive of the Atlantic Provinces Building Supply Dealers Association, who shall be a resident of Nova Scotia; (

l) a representative appointed from among persons nominated by the Executive of the NS & PEI Regional Council of Carpenters, Millwrights & Allied Workers, who shall be a resident of Nova Scotia, and (

m) up to 3 additional members, as selected by the Minister. 1.2 Scope and Application 1.2.1. Application 1.2.1.1. Scope

(1) These regulations apply to the administration and enforcement of the Building Code Act in the design, construction, erection, placement and occupancy of new buildings, and the alteration, reconstruction, demolition, removal, relocation, occupancy and change of occupancy classification of existing buildings and to the work necessary to correct unsafe conditions in existing buildings reported to the authority having jurisdiction or observed during an inspection.

(2) Any construction or condition that lawfully existed prior to the effective date of these regulations need not conform to these regulations provided that such construction or condition does not constitute an unsafe condition in the opinion of the authority having jurisdiction.

(3) Construction pursuant to a building permit in effect prior to December 31, 2009, and still in effect, need not conform to these regulations provided that such construction conforms to the regulations in force on the date that the building permit was issued.

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

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

(6) When the whole or any part of a building is demolished, these regulations apply to the work involved in the demolition and to the work required to any parts remaining after demolition to the extent that deficiencies occurring or remaining after demolition require correction.

(7) When a building is damaged by fire, earthquake or other cause, these regulations apply to the work necessary to reconstruct damaged portions of the building. (8) “Alternate Compliance Methods for Existing Buildings, contained in

Schedule D” of these regulations, or a combination of the “Alternate Compliance Methods for Existing Buildings”, and the Code, may be used where a building existed prior to March 13, 1987 (

a) where an existing building is undergoing construction other than for a change of use, or (

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

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(9) When a heritage building or part thereof is undergoing a change in occupancy classification the owner may choose the “Alternate Compliance Methods for Existing Buildings”, contained in

Schedule “D” of these regulations, or a combination of the “Alternate Compliance Methods for Existing Buildings”, and the Code.

(10) In a Heritage Conservation District any building undergoing a change in occupancy classification the owner may choose the “Alternate Compliance Methods for Existing Buildings”, contained in

Schedule “D” of these regulations, or a combination the “Alternate Compliance Methods for Existing Buildings”, and the Code. 1.2.1.2. Exemptions

(1) The Code does not apply to; (

a) sewerage, water, electrical, telephone, rail or similar systems located above, below or on an area which has been 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) flood control, dams for public water suppl y, hydroelectric dams and their related structures (not excluding buildings). (

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

e) above ground or below ground bulk storage ta nks not regulated under

Part 6 of the Code, or the National Farm Building Code of Canada, (

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 Standard “Manufactured Homes” except for (

i) the notifications required by Sentence 2.1.1.11.(1) where the manufactured home is constructed before January 1, 2010 and has not been structurally altered, or (ii) the notifications required by Sentence 2.1.1.11.(1) and the requirements of

Article 3.1.1.23.

Schedule E,

Part 10 Energy Efficiency Measures where the manufactured home is constructed after December 31, 2009 (See Appendix Note A-1.2.1.2.(1)(

i) and (j). NSBCR) (

j) modular homes certified to CAN/CSA-A277-08 “Procedure for Factory Certification of Buildings” as complying with the technical requirements of this Code, except for (

i) the notifications required by Sentence 2.1.1.11.(1) where the modular home is constructed before January 1, 2010 and has not been structurally altered, or (ii) the notifications required by Sentence 2.1.1.11.(1) and the requirements of

Article 3.1.1.23.

Schedule E,

Part 10 Energy Efficiency Measures where the modular home is constructed after December 31, 2009 (See Appendix Note A-1.2.1.2.(1)(

i) and (j). NSBCR)

(2) Unless a municipality otherwise requires by by-law, or where regulations are in another enactment, the Code applies but a building permit is not required for (

a) accessory buildings not greater than 20 square metres (215.2 square feet) in area, (

b) except under Clause 1.2.1.2.(2)(c), interior and exterior non-structural material alterations and material repairs with a monetary value of five thousand dollars or less. (

c) replacement or installation of 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.

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Definitions of Words and Phrases 1.3.1.

Definitions 1.3.1.1. General

Definitions contained in

Section 2 of the Building Code Act, also apply in these regulations. 1.3.1.2. Italicized Words . The words and phrases defined in

Article 1.1.3.2. of the Code identified in these regulations in italics, also apply in these regulations unless otherwise defined. 1.3.1.3. Specific

Definitions. In these regulations the following

definitions apply “Architect” means a member licensed to practice or licensee of the Nova Scotia Association of Architects. “Building Code Act” or “Act” means

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act. “Building Official” means a person appointed as an inspector pursuant to

Section 5 of the Act. “Camping accommodation” means any building within a campground which is intended to serve the public or is intended as rental accommodation for the travelling or vacationing public. “Care facility” means the occupancy or use of a building or part thereof by persons who require special care or treatment because of cognitive or physical limitations. “Code” means the Nova Scotia Building Code. “Construct” means to do anything in the erection, installation, extension, relocation, material alteration or material repair of a building and includes the installation of a factory-made building fabricated or moved from elsewhere. “Demolition” means the doing of anything in the removal of a building or any material part thereof. “Electric space heating” means an electric energy source that provides more than 10 per cent of the heating capacity provided for a building and includes, (

a) electric resistance unitary baseboard heating, (

b) electric resistance unitary cabinet heating, (

c) electric resistance ceiling cable or floor cable heating, (

d) electric resistance central furnace heating, (

e) electric hot water space heating, and (

f) air source heat pumps in combination with electric resistance backup heating. “Field Review of Construction” means, and is limited to, the inspection of the construction work at intervals appropriate to the stage of construction, at the project site and where applicable at the fabrication location where building components are fabricated for use at the project site, that the designer in their professional discretion consider necessary to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto. “Field Review of Construction” does not include the coordination, quality and performance of construction. “Flow control roof drain” means a roof drain that restricts the flow of storm water into the storm drainage system.

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 839 “Heritage Building” means a registered heritage property, registered under the Heritage Property Act by the Province or by a municipality. “Heritage Conservation District” means a heritage conservation district designated by the municipality in accordance with the Heritage Property Act. “Interior Designer” means a member licensed to practice or a licensee of the Association of Interior Designers of Nova Scotia. “Manufactured home” means a transportable, single or multiple

section dwelling unit certified by an accredited certification body, as complying with the CAN/CSA Series Z240 Series “Manufactured Homes” at the time of manufacture, prior to placement on the 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 Standard A277-08 “Procedures for the Factory Certification of Buildings”, by an accredited certification body, at the time of manufacture, prior to placement on the site. “National Building Code of Canada, 2005” means the National Building Code of Canada, 2005 as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, NRCC No. 38726, including all revisions and errata and corrections to errata made by that body on or before the date these regulations come into force. “Owner” includes a person controlling the property under consideration, and also prima facie the assessed owner of the property whose name appears on the assessment role prepared in accordance with the Assessment Act. “Professional Engineer” means a member or licensee of the Association of Professional Engineers of Nova Scotia. “Roofed accommodation” means a building, part of a building, or a group of buildings which is intended as rental accommodation for the travelling or vacationing public. “Work” means any construction duty or function regulated by these regulations, carried out on or about a construction site or on, in, or about a building or part thereof. 1.4 Administration 1.4.1.

Permits 1.4.1.1. General

(1) A permit is required if work regulated by the Code is to be done.

(2) The authority having jurisdiction may place a value on the cost of the work based on an accepted costing standard for the purpose of determining permit fees to be applicable.

(3) The authority having jurisdiction may, if applicable, withhold an [a] building permit until satisfied that there is a valid on-site sewage disposal system permit issued by the Department of the Environment for the construction of a building requiring a new private sewage disposal system.

(4) The authority having jurisdiction may, if applicable, withhold an occupancy permit (

a) until satisfied that there is a valid electrical permit issued by the electrical authority having jurisdiction

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b) until satisfied that the civic address is posted where a municipality has so provided by by-law, in accordance with

Section 313 of the Municipal Government Act,

(5) The authority having jurisdiction may, if applicable, withhold a building permit until satisfied that there is a valid “Minister’s Consent For Building and Access to Property” issued by the Department of Transportation and Public Works [Infrastructure Renewal], under the Public Highways Act.

(6) Where a municipality has so provided by by-law, the authority having jurisdiction may withhold the issuance of a building permit until satisfied that any and all applicable regulations 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 all required permits have been issued by the Development Officer.

(7) Unless a municipality in accordance with

Section 7 of the Building Code Act has provided other or additional regulations by by-law, an occupancy permit is required (

a) to allow the initial occupancy of a building or part thereof, (

b) when the occupancy classification of a building or part thereof is changed, or (

c) to allow partial demolition or alteration of a building. 1.4.1.2. Application. To obtain a permit the owner shall file an application as prescribed by the authority having jurisdiction. 1.4.1.3. Required Information

(1) Every building permit application as a minimum shall (

a) identify and describe in detail the work and occupancy to be covered by the permit for which application is made, (

b) describe the land by including where Nova Scotia property mapping exists in the unique Parcel Identifier (PID) or where this mapping does not exist the assessment account number, and a description that will readily identify and locate the building lot, (

c) include plans and specifications as require d by Division C, Subsection 2.2.2. of the Code, (

d) state the valuation of the proposed wo rk and be accompanied by the required fee, (

e) state the names, addresses and telephone numbers of the owner, architect, professional engineer, or other designer, constructor and any inspection or testing agency that has been engaged to monitor the work or part of the work, (

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

g) such additional information as may be required by the authority having jurisdiction. 1.4.1.4. Letter of Undertaking when Professional Required to Design. The owner shall, along with the application referred to in

Article 1.4.1.2., submit a letter of undertaking to the authority having jurisdiction for the Field Review of Construction when the building, or part thereof, has been designed within the Scope of

Part 4 of the Code and as provided under 2.1.1.6. for

Part 9 buildings. 1.4.1.5. Dimensional Tolerances. If, in the opinion of the authority having jurisdiction, safety to life will not be reduced and barrier-free design and access will not be adversely affected, an authority having jurisdiction may accept a minor variation, not more than 2%, in a dimension given in this Code. 1.4.1.6. Deviations. The owner shall not deviate, nor authorize a deviation, from the Code, or the conditions of a permit, without first obtaining permission in writing to do so from the authority having jurisdiction. 1.4.1.7. Land Survey. In addition to Clause 1.4.1.3.(1)(

c) the owner, if requested by the authority having jurisdiction shall submit an up-to-date plan of survey or real property report, prepared by a registered Nova Scotia Land Surveyor, containing sufficient information regarding the site and the location of the building,

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 841 (1) to establish before construction begins that the regulations of the Code related to the site and the location of the building will be complied with, and (2) to verify that, upon completion of the work, compliance with all such regulations. 1.4.1.8. Responsibility for carrying out work.

The acceptance of drawings and specifications, the granting of a permit, and inspections made by the authority having jurisdiction shall not in any way relieve the owner, owner’s agent, the constructor, the architect, the professional engineer, or the designer, of a building from their respective responsibility for carrying out the work or having it carried out in accordance with these regulations, including ensuring that the occupancy of the building, or any part thereof, is in accordance with the terms of the permit. 1.4.1.9.

Inspection Exemption Modular and Manufactured Homes Modular homes and manufactured homes are subject to the notification for inspection required by sentence 2.1.1.11.(2) of these regulations, and are exempt for the work certified at the factory as complying with CAN/CSA Series Z240 Series “Manufactured Homes” or certified to CSA Standard A277-08 “Procedures for the Factory Certification of Buildings”. (See Appendix Note A-1.2.1.2.(1)(

i) and (

j) NSBCR) 1.4.1.10. Site Grading. The authority having jurisdiction may require an owner to have a building site graded in conformance with any storm drainage plan, prepared or accepted by the authority having jurisdiction, for the area in which the building is located. 1.4.1.11. Permission to Proceed in Part

(1) The authority having jurisdiction may allow, at the risk of the owner, with conditions if necessary, to ensure conformance with this Code, the owner to proceed with excavation or construction of part of a building before the plans of the entire building have been submitted.

(2) If the authority having jurisdiction allows excavation or construction of part of a building under Sentence (1), the owner shall submit all such plans and specifications as may be required in connection therewith by the authority having jurisdiction, including at a minimum, complete plans and specifications for the work which is authorized under sentence (1).

(3) If an owner proceeds to excavate or construct part of a building under Sentences (1) and (2), the owner proceeds without assurance that the excavation or construction of other parts of the building will be allowed. 1.4.1.12. Temporary Building or Occupancy [see A-1.4.1.12.]

(1) Notwithstanding anything contained elsewhere in these regulations, a permit for a temporary building or part thereof, or a temporary change of occupancy classification of an existing building, may be issued by the authority having jurisdiction, authorizing for a limited time only the erection and existence of a building, or part thereof, or for a temporary change of occupancy classification, for an occupancy which, because of its nature, will exist for a short time, under circumstances which warrant only selective compliance with the Code.

(2) A permit for a temporary building or temporary change of occupancy classification shall state the date after which and the conditions under which the permit is no longer valid.

(3) A permit for a temporary building or temporary change of occupancy classification may be extended provided permission in writing is granted by the authority having jurisdiction.

(4) A permit for a temporary building or temporary change of occupancy classification shall be posted on the building.

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

(6) A permit issued for a temporary change of occupancy classification shall be required to be renewed every twelve months.

Part 2 Responsibilities and Obligations 2.1 Obligations of Owner 2.1.1. General 2.1.1.1. Required Permits. Every owner shall obtain all required permits or approvals prior to commencing the work to which they relate. 2.1.1.2. Start Up Date. Every owner shall give written notice to the authority having jurisdiction of the date on which the owner intends to begin work prior to commencing work on the building site. 2.1.1.3. Notice of Employees.

(1) Every owner shall, prior to commencing the work, give notice in writing to the authority having jurisdiction of, (

a) the name, address and telephone number of (

i) the constructor or other person in charge of the work, (ii) the designer of the work, (iii) the architect(s), professional engineer(s), and prime consultant(

s) performing the Field Review of Construction(s), and (iv) any inspection or testing agency engaged to monitor the work or part of the work, and (

b) any change in or termination of employme nt of such persons during the course of the construction in writing, as soon as practical but not later than 72 hours of such change, or termination occurs.

(2) Every owner shall give notice in writing to the authority having jurisdiction (

a) as soon as any change in ownership or change in the address of the owner occurs prior to the issuance of an occupancy permit, and (

b) prior to occupying any portion of the building if it is to be occupied in stages. 2.1.1.4. Plans at Site. Every owner shall ensure that the plans, specifications and related documents on which the issuance of the building permit was based are available at the site of the work for inspection during working hours by the authority having jurisdiction, and that the permit, or true copy thereof, is posted conspicuously on the site during the entire execution of the work. 2.1.1.5. Professional Design and Review The owner who undertakes to construct or have constructed a building or part thereof within the scope of

Part 4 of the Code shall, (1) ensure that an architect, professional engineer, or both, as required, are appointed to undertake the design of the building or part thereof, and (2) complete and submit a letter of undertaking in the form specified in

Schedule “A” for the Field Review of Construction of such buildings. 2.1.1.6. Design Regulations for Structural Components. Where the dimensions of a structural component are not provided in

Part 9 of the Code for use in a building within the scope of that part, and such dimensions are to be determined on the basis of calculation, testing or other means of evaluation, the owner shall,

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 843 (1) ensure that a professional engineer is appointed to undertake the design of the structural component, and (2) when required by the authority having jurisdiction, complete and submit a letter of undertaking in the form specified in

Schedule “A” for the Field Review of Construction for this structural component. 2.1.1.7. Site Conditions, Size, or Complexity Requiring Professional Design and Inspection Where the site conditions, the size or complexity of a building, part of a building or building component warrant, the authority having jurisdiction may require the owner to file a Letter of Undertaking and have appropriate Field Review of Construction letters submitted as deemed necessary. 2.1.1.8. Design Regulations for Sprinklered Building

(1) Where a building is required or intended to be sprinklered, the owner shall (

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

b) complete and submit a Letter of Undertaking in the form specified in

Schedule “A” of the Field Review of Construction

(2) Where the alteration of an existing building requires changes to an existing sprinkler system, the authority having jurisdiction may waive compliance with Clauses 2.1.1.8.(1), (

a) and (b). Where Clauses 2.1.1.8.(1), (

a) and (

b) are waived, the design documents and test results conducted on the system, required under the provincial maintenance regulations made under the Fire Safety Act must be filed with the authority having jurisdiction. 2.1.1.9.

Alteration to Property Boundary or Ground Elevation No owner or person hired by the owner shall allow the ground elevations or the property boundaries of a building lot to be changed so as to place a building or part thereof, in contravention of these regulations, unless the building or part thereof, is so altered, after obtaining the necessary permit, that no contravention will occur as a result of the change of the property boundary or grades. 2.1.1.10.

Right of Entry Every owner shall allow the authority having jurisdiction to enter any building or premises at any reasonable time for the purpose of administering and enforcing these regulations in accordance with the provisions of Sections [subsections] 10(1), 10(2), and 10(3) of the Building Code Act. 2.1.1.11. Notification for Inspection and Certification of Field Review of Construction

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

Part 9 of the Code shall notify the authority having jurisdiction to inspect for compliance with the Code at the following stages of construction, (

a) footings in place, (

b) subfloor plumbing (

c) subfloor and foundation insulation (

d) pre-backfill (

e) except for manufactured and modular homes (

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

f) for manufactured and modular homes, (

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

g) before occupancy (See Appendix Notes A-2.1.1.11.(1) and (2) and A-1.2.1.2.(1)(

i) and (

j) NSBCR)

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

Part 9 of the Code shall notify the authority having jurisdiction to inspect for compliance with the Code (

a) of the intent to undertake construction that will be inspected and will be reviewed as per the appropriate Letter of Undertaking required by

Article 2.1.1.5., 2.1.1.6., or 2.1.1.7. (

b) of intent to cover construction that h as been ordered to be inspected by the authority having jurisdiction before covering and, (

c) at intervals deemed necessary by the authority having jurisdiction based on the complexity of the building, and, (

d) when construction has been completed so that a final inspection can be made. (See Appendix Note A-2.1.1.11.

(3) NSBCR) 2.1.1.12. Occupancy Prior to Completion. Should the owner require occupancy to occur prior to the completion of all work the owner shall apply for the occupancy permit and shall ensure that no unsafe condition exists or will exist because of the work being undertaken or not completed. 2.1.1.13. Test or Inspections to Prove Compliance. Every owner shall make, or have made at their own expense, the tests or inspections necessary to prove compliance with these regulations and shall promptly file a copy of all such test or inspection reports with the authority having jurisdiction. 2.1.1.14.

Repairs to Public Property. Every owner is responsible for the cost of repair of any damage to public property or works located therein that may occur as a result of undertaking work for which a permit was or was not required. 2.1.1.15. Discontinuation of Work. Every owner who is unable to continue work owing to bankruptcy or other cause, is responsible, before leaving the site of the work, for ensuring that no unsafe condition remains at the site. 2.2 Obligations of Professional 2.2.1. General 2.2.1.1. Design.

The architect, or professional engineer who undertakes to design a building or part thereof shall do so in accordance with their respective statutes and bylaws to ensure that the design meets the intent of the Code. 2.2.1.2. Field Review of Construction. The architect, or professional engineer who undertakes the Field Review of Construction shall do so in accordance with their respective statutes and bylaws, and shall (1) inspect the building at intervals appropriate to the stage of construction to determine general compliance with design referred to in

Article 2.2.1.1., (2) coordinate with the authority having jurisdiction the review of changes to the design documents for consistency with the intent of the plans and specifications. (3) file with the authority having jurisdiction the Certification of Field Review of Construction. 2.3 Obligations of Constructor 2.3.1. General 2.3.1.1. Construction Safety Regulations. Every constructor shall ensure that all construction safety requirements of the Department of Labour [and Workforce Development], Occupational Health and Safety Division, are complied with.

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 845 2.3.1.2. Work on Public Property. Every constructor is responsible for ensuring that no excavation or other work is undertaken on public property, and that no building is erected or materials stored in whole or in part therein without approval having first been obtained in writing from the appropriate government authority. 2.3.1.3. Responsibilities for the Work Undertaken.

(1) Every constructor is responsible jointly and severally with the owner for all and any work actually undertaken.

(2) Every constructor who is unable to continue work owing to bankruptcy or other cause, is responsible, before leaving the site of the work, for ensuring that no unsafe condition remains at the site. 2.3.1.4. Owner Deemed to be constructor. Where the work for which a permit is issued is not under the control of a constructor, the owner shall be deemed to be the constructor and shall accept the responsibilities and obligations of a constructor. 2.3.1.5. Materials, Systems, to Comply with Code.

Every constructor shall ensure that all materials, systems, equipment, used in the construction, alteration, reconstruction or renovation of a building meet the regulations of the Code for the work undertaken. 2.4 Obligation of Authority having Jurisdiction 2.4.1. Qualifications of Building Officials 2.4.1.1. Appointment A person appointed or eligible to be appointed by a municipality as a building official shall (1) hold a valid diploma from the Nova Scotia Building Code Training and Certification Board, and (2) be a member in good standing of the Nova Scotia Building Officials Association. 2.4.1.2.

Administration and Enforcement of the Building Code Act and Regulation

(1) Building Officials are required to administer and enforce the provisions of the Building Code Act and Regulation.

(2) Building Officials may only administer and enforce the provisions of the Building Code Act and Regulation within the scope for which they hold a valid diploma from the Nova Scotia Building Code Training and Certification Board. 2.4.2. General 2.4.2.1. Administration and Enforcement The authority having jurisdiction shall administer and enforce these regulations. 2.4.2.2.

Copies of Applications, Inspections, and Tests The authority having jurisdiction shall keep copies of all applications received, permits and orders issued, inspections and tests made and of all papers and documents connected with the administration of these regulations for such time as is required by law. 2.4.2.3. Notices and Orders The authority having jurisdiction shall issue, in writing, such notices or orders as may be necessary to inform the owner where a contravention of these regulations has been observed.

Such notices or orders may specify any remedial or other measures that are required to meet the regulations in accordance with the provisions of

Section 12 of the Act. Where the authority having jurisdiction issues such written notice or order, a copy shall be retained by the authority having jurisdiction and a copy shall be sent to (1) the owner, by regular mail, at the address given on the permit application;

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Part II - Regulations Vol. 33, No. 26 846 © NS Registry of Regulations. Web version. (2) the designer, architect or professional engineer by regular mail, at the address given on the permit application; (3) the constructor, by regular mail, or if the constructor is present during the inspection, may be given to the constructor. 2.4.2.4.

Responding to Code Inquiries The authority having jurisdiction shall answer such relevant questions as may be reasonable with respect to the provisions of these regulations when requested to do so, but shall refrain from assisting in the laying out of any work and from acting in the capacity of a designer. 2.4.2.5. Authority having Jurisdiction to Issue Permits The authority having jurisdiction shall issue a building permit or an occupancy permit to the owner when, to the best of authority having jurisdiction’s knowledge, the applicable conditions, as set forth in these regulations, have been met. 2.4.1.6.

Safety Regulations The authority having jurisdiction shall, when inspecting building sites and structures, comply with the safety regulations made pursuant to the Occupational Health and Safety Act, Department of Labour, Province of Nova Scotia. 2.5 Powers of Authority having Jurisdiction 2.5.1. General 2.5.1.1. Right to Enter Property. The authority having jurisdiction may enter and inspect any building or premises at any reasonable time for the purpose of administering or enforcing these regulations in accordance with the provisions of Sections 10(1), 10(2), and 10(3) of the Building Code Act. 2.5.1.2. Orders

(1) The authority having jurisdiction is empowered to order (

a) a person who contravenes these regulations to comply with them within the time period that may be specified, (

b) work to stop on the building or any part thereof if such work is proceeding in contravention of these regulations, or if there is deemed to be an unsafe condition, (

c) the removal of any unauthorized encroachment on public property, (

d) the removal of any building or part thereof constructed in contravention of these regulations, (

e) the cessation of any occupancy in contravention of these regulations, (

f) the cessation of any occupancy if any unsafe condition exists because of work being undertaken or not completed, (

g) correction of any unsafe condition, and (

h) the owner to uncover and replace at their own expense (

i) work that has been ordered to be done pursuant to an order issued by the authority having jurisdiction and which has been covered without being inspected; and (ii) work for which notification to inspect is required to be given pursuant to

Article 2.1.1.11., and where uncovering the work is necessary to determine compliance with the Code. 2.5.1.3. Tests Required to Prove Compliance The authority having jurisdiction may direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, equipment, device, construction or foundation condition meets these regulations.

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 847 2.5.1.4. Reports Regarding Failure or Potential Failure The authority having jurisdiction may require the owner or the owner’s representative, where any failure occurs which causes or has the potential to cause injury or loss of life, to submit a report stating the nature and details of the failure and the name and addresses of the constructor. 2.5.1.5. Conditional Building or Occupancy Permit

(1) The authority having jurisdiction may issue a building or occupancy permit conditional upon (

a) The submission of additional information not available at the time where such information is of such a nature that withholding of the permit until the information becomes available would be unreasonable. (

b) Completion of such work that is incomplete at the time of inspection, or application is of such a nature that no unsafe condition exists and that withholding of the permit would be unreasonable. 2.5.1.6. Refuse to Issue Permit

(1) The authority having jurisdiction may refuse to issue any permit (

a) whenever information submitted is inade quate to determine compliance with the provisions of these regulations, (

b) whenever incorrect information is found to have been submitted, (

c) that would authorize any building work or occupancy that would not be permitted by these regulations, or (

d) that would be prohibited by an y other Act, regulation or bylaw. 2.5.1.7. Revoke a Permit

(1) The authority having jurisdiction may revoke a permit by written notice to the permit holder if (

a) there is contravention of any condition under which the permit was issued, (

b) the permit was issued in error, or (

c) the permit was issued on the basis of incorrect information. 2.5.1.8. Occupancy Prior to Completion The authority having jurisdiction may issue an occupancy permit, subject to compliance with provisions to safeguard persons in or about the premises, to allow the occupancy of a building or part thereof for the accepted use, prior to commencement or completion of the construction or demolition work. 2.5.1.9. Provide Reasons for Refusal The authority having jurisdiction shall provide the reasons for refusal to grant a permit, when requested to do so.

Part 3 Amendments to the Nova Scotia Building Code 3.1 Amendments Made to Division A, B and C of the National Building Code of Canada and the National Plumbing Code of Canada 3.1.1. Amendments 3.1.1.1. Definition of Owner The definition of “owner” in

Section 1.4 (Part 1, Division A, Volume 1), of the National Building Code of Canada, 2005 is deleted and replaced herein with the definition of “owner” in

Article 1.3.1.3. of these regulations. 3.1.1.2. Sentence 1.1.1.1.(2) (Part 1, Division A, Volume 1) amended. Sentence 1.1.1.1.(2) (Part 1, Division A, Volume 1) of the National Building Code of Canada, 2005 is amended by deleting sentence (2) and substituting the following

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Part II - Regulations Vol. 33, No. 26 848 © NS Registry of Regulations. Web version. Sentence 1.1.1.1.(2) (

a) Except as provided by Clauses 1.2.1.2.(1)(

i) and (

j) of this regulation, the Code applies to both site assembled, and factory built buildings. (See Appendix Note A-1.2.1.2.(1)(

i) and (

j) NSBCR) 3.1.1.3. Climatic Values Sentence 1.1.3.1.(1) (Part 1, Division B, Volume 1) amended. Sentence 1.1.3.1.(1) (Part 1, Division B, Volume 1) of the National Building Code of Canada, 2005 is amended by deleting “Table C 2, Appendix C.” in the last line and substituting “Schedule B, Design Data for Selected Locations in Nova Scotia”. 3.1.1.4. Climatic Values Sentence 1.1.3.1.(2) (Part 1, Division B, Volume 1) amended.

Sentence 1.1.3.1.(2) (Part 1, Division B, Volume 1) of the National Building Code of Canada, 2005 is amended by deleting “ Table C-2 (Appendix C, Division B, Volume 2)” in the middle line and substituting, “Schedule B, Design Data for Selected Locations in Nova Scotia”. 3.1.1.5. Barrier-Free Design

Section 3.8. (Part 3, Division B, Volume 1) deleted and replaced.

Section 3.8. (Part 3, Division B, Volume 1) of the National Building Code of Canada, 2005 is deleted and replaced with the

Section 3.8 “Barrier-Free Design” contained in

Schedule “C” of these regulations. 3.1.1.6. Barrier-Free Design. Sentence 9.5.2.1. (1) (Part 9, Division B, Volume 1) deleted and replaced Sentence 9.5.2.1.

(1) General (Part 9, Division B, Volume 1) of theNational Building Code of Canada, 2005 is deleted and replaced by the following sentence Sentence 9.5.2.1.

(1) General Subject to

Article 3.8.1.1. of this regulation every building shall be designed in conformance with

Section 3.8. 3.1.1.7. Exception for Apartment Buildings

Article 9.5.2.3. (Part 9, Division B, Volume 1) deleted

Article 9.5.2.3. Exception for Apartment Buildings (Part 9, Division B, Volume 1) of the National Building Code of Canada, 2005 is deleted. 3.1.1.8.

Section 3.2. (Part 3, Division B, Volume 1) Amended

Section 3.2. (Part 3, Division B, Volume (1) 3.2. of the National Building Code of Canada, 2005 is amended by adding

Article 3.2.2.84. Alternate Compliance Methods For Existing Buildings.

Section 3.2.2.84. Alternate Compliance Methods For Existing Buildings

(1) Scope

(2) Application. The Alternate Compliance Methods for Existing Buildings contained in

Schedule “D” of these regulations are hereby adopted and may be used in accordance with Sentences 1.2.1.1.(8), (9), and (10) of these regulations. 3.1.1.9.

Section 9.1. General (Part 9, Division B, Volume 1) Amended

Section 9.1. (Part 9, Division B, Volume 1) of the National Building Code of Canada, 2005 is amended by adding Sentence 9.1.1.1.(2).

(2) The Alternate Compliance Methods for Existing Buildings contained in

Schedule “D” of these regulations are hereby adopted and may be used in accordance with Sentences 1.2.1.1.(8), (9), and (10) of these regulations. 3.1.1.10. Clause 3.1.2.5.(2)(d) (Part 3, Division B, Volume 1) Amended Clause 3.1.2.5.(2) (Part 3, Division B, Volume 1) of the National Building Code of Canada, 2005 is amended by italicizing the words, “care facility.” [Note that the term “care facility” is defined within these regulations.]

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 849 3.1.1.11. Sentence 9.27.2.2.(5) ( Division B, Volume 1) amended Sentence 9.27.2.2.(5) is amended by replacing the comma after the word break with a period and deleting the balance of the sentence including deletion of Clauses 9.27.2.2.(5) (

a) and (

b) and the reference to Appendix C for information on the moisture index. 3.1.1.12.

Article 9.32.3.6. (Part 9, Division B, Volume 1) deleted.

Article 9.32.3.6. (Part 9, Division B, Volume 1) of the National Building Code of Canada, 2005 is deleted and Appendix Note A-9.32.3.6. (Appendix A, Division B, Volume 2) is deleted. 3.1.1.13.

Article 1.3.1.2. (Part 1, Division B, Volume 1) Applicable Editions Amended

Article 1.3.1.2. (Part 1, Division B, Volume 1) of the National Building Code of Canada, 2005 is deleted and replaced with the following

(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. (Part 1, Division B, Volume 1) except those documents designated under the following Acts and Regulations of the Province of Nova Scotia in which case the edition so referenced shall be deemed to be enforce, (

a) Fuel Safety Regulations (

b) Boilers and Pressure Vessels Act and Regulations (

c) Elevators and Lifts Act and Regulations (

d) Electrical Installation and Inspection Act and Regulations (See Appendix note A-3.1.1.13. 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 this regulation. 3.1.1.14.

Article 1.3.3.2. (Part 1, Division A, Volume 1) amended

Article 1.3.3.2. (Part 1, Division A, Volume 1) of the National Building Code of Canada 2005 is amended by adding new Sentence 1.3.3.2.(2) (Part 1, Division A, Volume 1). Sentence 1.3.3.2.

(2) Except as provided in Sentence 1.1.1.1.(3) (Part 1, Division A, Volume 1) and Clause 9.10.1.2.(10)(b)(NSBCR), Articles 3.2.2.18. and 3.2.2.44 to 3.2.2.48. inclusive (Part 3, Division B, Volume 1), apply to all buildings used for major occupancies classified as Group C, residential occupancies exceeding 300 m 2 in building area. (see 3.1.1.19. and Appendix A -1.3.3.2.

(2) NSBCR) 3.1.1.15. Table 3.2.2.47. (Part 3, Division B, Volume 1) deleted and replaced Table 3.2.2.47. (Part 3, Division B, Volume 1) of the National Building Code of Canada 2005 is deleted and replaced with Table 3.2.2.47. Maximum Building Area, Group C, up to 3 Storeys No. of Storeys Maximum Area, m2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 900 1 120 1350 2 450 560 675 3 300 375 450

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Part II - Regulations Vol. 33, No. 26 850 © NS Registry of Regulations. Web version. 3.1.1.16. Table 3.2.2.46. (Part 3, Division B, Volume 1)deleted and replaced Table 3.2.2.46. (Part 3, Division B, Volume 1) of the National Building Code of Canada 2005 is deleted and replaced with Table 3.2.2.46. Maximum Building Area, Group C, up to 3 Storeys, Increased Area No. of Storeys Maximum Area, m2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 1 200 1 500 1 800 2 600 750 900 3 400 500 600 3.1.1.17.

Table 3.2.2.44. (Part 3, Division B, Volume 1) deleted and replaced Table 3.2.2.44. (Part 3, Division B, Volume 1) of the National Building Code of Canada 2005 is deleted and replaced with Table 3.2.2.44. Maximum Building Area, Group C, up to 3 Storeys No. of Storeys Maximum Area, m 2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 2 400 3 000 3 600 2 1 200 1 500 1 800 3 800 1 000 1 200 3.1.1.18.

Article 3.2.2.50. Group D, up to 6 Storeys (Part 3, Division

B) deleted and replaced

Article 3.2.2.50. Group D, up to 6 Storeys (Part 3, Division

B) of the National Building Code of Canada 2005 is deleted and replaced with 3.2.2.50.

(1) A building classified as Group D is permitted to conform to Sentence (2) provided (

a) it is not more than 3 storeys in building height, and (

b) it has a building area not more than the value in Table 3.2.2.50. Table 3.2.2.50. Maximum Building Area, Group D, up to 3 Storeys No. of Storeys Maximum Area, m 2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 not limited not limited not limited 2 7 200 not limited not limited 3 4 800 6 000 7 200

(2) The building referred to in Sentence (1) shall be of noncombustible construction, and (

a) floor assemblies shall be fire separations with a fire-resistance rating not less than 1 h, (

b) mezzanines shall have a fire-resistance rating not less than 1 h,

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 851 (

c) roof assemblies shall have a fire-resistance rating not less than 1 h, except that in a building not more than 1 storey in building height this requirement is waived, and (

d) loadbearing walls, columns and arches sha ll have a fire-resistance rating not less than that required for the supported assembly. 3.1.1.19.

Article 9.10.1.2. Amended

Article 9.10.1.2. Items under

Part 3 Jurisdiction is amended by adding 9.10.1.2.(10)(

a) Except as provided in Sentence 1.1.1.1.(3) (Part 1, Division A, Volume 1), and as provided in Clause 9.10.1.2.(10)(

b) and (c), Articles 3.2.2.18. and 3.2.2.44 to 3.2.2.48. inclusive (Part 3, Division B, Volume 1) apply to all buildings used for major occupancies classified as Group C, residential occupancies exceeding 300 m2 in building area or are greater than 3 storeys in building height. (Appendix A -1.3.3.2.

(2) NSBCR) 9.10.1.2.(10)(

b) Single detached dwelling units are exempt. 9.10.1.2.(10)(

c) A residential building containing two dwelling units, with a building area of less than 600 m2 or not more than 3 storeys building height is exempt. 3.1.1.20. Sentence 3.2.4.20.(5) (Part 3, Division B, Volume 1) Smoke Alarms Deleted and Replaced Sentence 3.2.4.20.(5) (Part 3, Division B, Volume 1) of the National Building Code of Canada 2005 is deleted and replaced with

(5) Smoke alarms referred in Sentence (1) shall (

a) be installed (

i) by permanent connections to an electrical circuit, (See Appendix A, Division B, Volume 2 A-3.2.4.20.

(5) NBC) (ii) have no disconnect switch between the ove rcurrent device and the smoke alarm, and (iii) in case the regular power supply to the smoke alarm is interrupted, be provided with a battery as an alternate power source that can continue to provide power to the smoke alarm for a period of no less than 24 hours in the normal condition, followed by five minutes of alarm. 3.1.1.21. Sentence 9.10.19.3.(1) (Part 9, Division B, Volume 1) Power Supply Deleted and Replaced Sentence 9.10.19.3.(1) (Part 9, Division B, Volume 1) of the National Building Code of Canada 2005 is deleted and replaced with 9.10.19.3.

(1) Smoke alarms referred in

Article 9.10.19.1. shall (

a) be installed (

i) by permanent connections to an electrical circuit, (ii) have no disconnect switch between the overcurrent device and the smoke alarm, and (iii) in case the regular power supply to the smoke alarm is interrupted, be provided with a battery as an alternate power source that can continue to provide power to the smoke alarm for a period of no less than 24 hours in the normal condition, followed by five minutes of alarm, or (

b) in a single dwelling unit be installed (

i) 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, (ii) in case the regular power supply to the control unit is interrupted, be provided with a battery as an alternate power source that can continue to

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Part II - Regulations Vol. 33, No. 26 852 © NS Registry of Regulations. Web version. provide power to the control unit for a period of no less than 24 hours in the normal condition, followed by five minutes of alarm. 3.1.1.22. Appendix Notes The Appendix Notes to the National Building Code of Canada 2005 edition apply as appendix notes to the Code and where amendments made by this regulation unless specifically replaced or amended herein. 3.1.1.23.

Schedule E,

Part 10 Energy Efficiency Measures The National Building Code of Canada 2005 (Division B, Volume 1) is amended by adding the energy efficiency measures contained in

Schedule “E” of these regulations. 3.1.1.24. Division A NBC and NPC 2.2 Objectives add the following objective to Division A Sentence 2..2.1.1.(1) (See Appendix Note NSBCR A-3.1.1.24.) OR Resource Conservation An objective of this Code is to limit the probability that, as a result of the design or construction of a building, a natural resource will be exposed to an unacceptable risk of depletion or the capacity of the infrastructure supporting the use of the resource will be exposed to an unacceptable risk of being exceeded.

OR1 Water Conservation An objective of this Code is to limit the probability that, as a result of the design or construction of a building, water resources will be exposed to an unacceptable risk of depletion or the capacity of the water supply, treatment and disposal infrastructure will be exposed to an unacceptable risk of being exceeded, caused by the consumption of water.

OR2 Energy Conservation An objective of this Code is to limit the probability that, as a result of the design or construction of a building, a natural resource will be exposed to an unacceptable risk of depletion or the capacity of the infrastructure supporting the use of the resource will be exposed to an unacceptable risk of being exceeded, caused by the consumption of energy. 3.1.1.25. Division A NBC and NPC 3.2 Functional Statements add the following functional statement to Division A Sentence 3.2.1.1.

(1) F 130 To limit excessive water consumption. F 131 To limit excessive energy consumption. 3.1.1.2 Division B Table 1.3.1.2. amended Table 1.3.1.2. is amended to add additional standards and/or code references to which the standards apply. See

Schedule E, Energy Efficiency Measures, Division B,

Part 1, Acceptable Solutions NSBCR. 3.1.1.27. Table 1.3.1.2. amended Table 1.3.1.2. is amended by adding Issuing Agency Document # Title of Document code reference ULC Can/ULC-S545 Standard for Residential Fire Warning System Control Units 9.10.19.3.(1) 3.1.1.28.

Article 2.4.9.1. No Reduction in Size is replaced In the National Plumbing Code of Canada Division B replace the existing sentence (1) and add sentences (2) and

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 853 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.

(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) provided that it does not convey sewage, (

a) from a sanitary unit, or (

b) that contains solids. 3.1.1.29.

Article 2.6.1.8. Solar Domestic Hot Water Systems In the National Plumbing Code of Canada Division B is replaced with 2.6.1.8. Solar Domestic Hot Water Systems

(1) Except as provided in Sentence (2), a system 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”. 3.1.1.30.

Article 2.6.4. Water Efficiency is added In the National Plumbing Code of Canada Division B. 2.6.4. Water Efficiency 2.6.4.1. Water Supply Fittings

(1) The flow rates of fittings that supply water to a fixture shall not exceed the maximum flow rates at the test pressures listed for that fitting in Table 2.6.4.1.

(2) Sentence (1) does not apply to a fixture located in a heritage building. Table 2.6.4.1. Maximum Flow Rates for Water Supply Fittings Forming Part of Sentence 2.6.4.1.

(1) Fitting Maximum Flow, L/min Test Pressure, kPa Lavatory Faucet 8.35 413 Kitchen Faucet 8.35 413 Shower Heads 9.5 550 Column 1 2 3 2.6.4.2. Plumbing Fixtures

(1) Water closets and urinals shall be certified to CAN/CSA-B45.0, “General Requirements for Plumbing Fixtures”.

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(2) The flush cycle for each fixture that is a water closet or urinal and that is installed as a replacement for a fixture in a building that existed before the 1st day of January 2010 shall not exceed the maximum flush cycle listed for that fixture in Table 2.6.4.2.A. Table 2.6.4.2.A. Maximum Flush Cycles for Sanitary Fixtures Forming Part of Sentences 2.6.4.2.

(2) Fixture litres Water Closet (Tank Type) 13.25 Water Closet (Direct Flush) 13.25 Urinal (Tank Type) 5.68(1) Urinal (Direct Flush) 5.68(1) Column 1 2 Notes to Table 2.6.4.2.A.

(1) Urinals equipped with automatic flushing devices shall be controlled to prevent unnecessary flush cycles during building down time.

(3) Except as provided in Sentence (2) the flush cycle for each fixture that is a water closet or urinal shall not exceed the maximum flush cycle listed for that fixture in Table 2.6.4.2.B.

(4) Urinals which utilize water free technology and conform to CSA B 45 Plumbing Fixtures Series may be substituted under 2.6.4.2.(1).

(5) Sentences (2) and (3) do not apply to a fixture located in a heritage building, care or detention occupancy or passenger station. Table 2.6.4.2.B. Maximum Flush Cycles for Sanitary Fixtures Forming Part of Sentence 2.6.4.2.

(3) Fixture litres Water Closet (Tank Type) 6 Water Closet (Direct Flush) 6 Urinal (Tank Type) 3.8(1) Urinal (Direct Flush) 3.8(1) Column 1 2 Notes to Table 2.6.4.2.B.

(1) Urinals equipped with automatic flushing devices shall be controlled to prevent unnecessary flush cycles during building down time. 3.1.1.31.

Article 3.7.2.1. Plumbing and Drainage Systems Amend the National Building Code of Canada Division B Sentence 3.7.2.1.(1) by replacing the existing sentences 3.7.2.1.(1) and 3.7.2.2. (5).

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Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 855 3.7.2.1. Plumbing and Drainage Systems

(1) Except under clause 3.7.2.2.(5)(b), if the installation of a sanitary drainage system is not possible because of the absence of a water supply, sanitary privies, chemical closets or other means for the disposal of human waste shall be provided. 3.7.2.2. (5) (

a) Urinals are permitted to be substituted for two thirds of the number of water closets required by this

Article for males, except that if only 2 water closets are required for males, one urinal is permitted to be substituted for one of the water closets. (

b) Where urinals are permitted they may be of a type that utilizes water free technology and shall conform to CSA B 45 “Plumbing Fixtures Series.” 3.1.1.32. Sentence 9.7.2.1.

(2) Part 9 Division B Window Standards is deleted. 3.1.1.33. Replace

Article 9.25.1.1. Application as follows,

(1) This

Section applies to thermal insulation and measures to control heat transfer, air leakage and condensation.

(2) Insulation and sealing of hea ting and ventilating ducts shall conform to Sections 9.32. and 9.33.

(3) Thermal Insulation shall meet the requirements of

Part 10 NSBCR. 3.1.1.34. Replace

Article 9.25.3.2. Air Barrier System Properties (See Appendix A, Division B, Volume 2 A-9.25.3.2. NBC) as follows,

(1) Sheet and panel type materials intended to provi de the principal resistance to air leakage shall have an air leakage characteristic not greater than 0.02 L/(s.m 2 ) measured at a 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.” 3.1.1.35. Table 3.9.1.1. is amended by replacing functional statement 3.8.3.17. and adding functional statement 3.8.3.18. 3.8.3.17 Sleeping Units in Roofed Accommodations -1 F 74-OA2 -2 F 74-OA2 -3 F 74-OA2 3.8.3.18 Suites of Residential Occupancies Required to be Barrier Free -1 F 73-OA1, F 74-OA2 -2 F 73-OA1, F 74-OA2 -3 F 73-OA1, F 74-OA2 -4 F 73-OA1, F 74-OA2

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 856 © NS Registry of Regulations. Web version.

Schedule “A” Letter of Undertaking Confirmation of Commitment by Owner to the Municipal Authority Having Jurisdiction Field Review of Construction

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: ________________________________________________________________________________ Authority Having Jurisdiction Date ________________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Dear: ________________________________________________________________________________ Authority Having Jurisdiction Re: ______________________________________________________________________________ Address of Project ______________________________________________________________________________ Name of Project ______________________________________________________________________________ Legal Description of Project I (the owner) submit this Letter of Undertaking to the authority having jurisdiction along with a completed application for a building permit.

The undersigned has appointed an architect(s), professional engineer(s), or designer(s), or prime consultant(

s) to undertake, as required in Articles 2.1.1.5. and 2.1.1.6. of the Regulations, the Field Review of Construction and I have attached to this Letter of Undertaking (check appropriate boxes) G Field Review of Construction Commitment Certificates completed by me or the prime consultant appointed by me to coordinate the Field Review of Construction.

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 857 G Field Review of Construction Commitment Certificates (identified below) completed by individual designers appointed by me to perform the Field Review of Construction for the applicable discipline(s). G shall forward Field Review of Construction Commitment Certificates for those not yet appointed. (Initial the disciplines that apply to this project.

All disciplines will not necessarily be employed on every project) G Building Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System I shall notify the authority having jurisdiction if the architect, professional engineer, named in the attached “Review of Construction Commitment Certificate(s)” ceases, for whatever reason, to provide the Field Review of Construction for this building and shall appoint another architect and professional engineer immediately so that the Field Review of Construction will continue uninterrupted.

This notice and the necessary Field Review of Construction Commitment Certificates shall be forwarded to the authority having jurisdiction as soon as practical, but not later than 72 hours. _______________________________________________________________________________________ Signature of Owner Date ________________________________________________________________________________________ Print Name ________________________________________________________________________________________ Address Postal Code ________________________________________________________________________________________ Phone Fax e-mail

Schedule “A-1” Field Review of Construction Inspection Commitment Certificate Prime Consultant

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects, 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met;

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 858 © NS Registry of Regulations. Web version. And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: _______________________________________________________________________________ Authority Having Jurisdiction Date _______________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Dear: _______________________________________________________________________________ Authority Having Jurisdiction Re: ________________________________________________________________________________ Address of Project _______________________________________________________________________________ Name of Project _______________________________________________________________________________ Legal Description of Project This is to advise that I am the architect, professional engineer or designer appointed by the owner as prime consultant to coordinate the Field Review of Construction for the above referenced 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 checked and initialled. G Building Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System I attach for your review the Field Review of Construction Inspection Commitment Certificates for each above marked and initialled discipline completed by an appropriate professional for each discipline, or shall forward the Field Review of Commitment Certificate for those not yet appointed.

I, and professionals who have completed the various Field Review of Construction Inspection 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 appropria te professional the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit.

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. The functions will however be performed under my supervision in accordance with the Engineering Profession Act, or the Architects Act.

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 859 The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. _______________________________________________ Print Name Affix below the seal of the ______________________ _______________________ Architect or licensed Signature Initials Sample Professional Engineer in accordance with provincial _______________________________________________ legislation.

Print Name of Firm or Company _______________________________________________ Print Address _______________________________________________ Print Municipality Postal Code _______________________________________________ Telephone Fax e-mail

Schedule “A-2” Field Review of Construction Inspection Commitment Certificate Building Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects, 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: _____________________________________________________________________________ Authority Having Jurisdiction Date _____________________________________________________________________________ Address _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 860 © NS Registry of Regulations. Web version.

Dear: _______________________________________________________________________________ Authority Having Jurisdiction Re: _______________________________________________________________________________ Address of Project _______________________________________________________________________________ Name of Project _______________________________________________________________________________ Legal Description of Project This is to advise that I am the architect, or professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the Building DESIGN aspects of the project, which are within

Part 3 and

Part 5 of the Code and as shown in design documents submitted to the authority having jurisdiction but do not include areas of work referred to in certificates A-3 to A-8 inclusive.

I hereby certify for the Building Design Requirements that 1) I will review the shop drawings relevant to this cer tificate to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 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 the authority having jurisdiction prior to requesting the occupancy permit.

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. The functions will however be performed under my supervision in accordance with the Architects Act, or Professional Engineer’s Act [Engineering Profession Act].

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. ____________________________________________________ Print Name Affix below the seal of the _______________________ _______________________ Architect or licensed Signature Initials Sample Professional Engineer in accordance with provincial ____________________________________________________ legislation Print Name of Firm or Company ____________________________________________________ Print Address ____________________________________________________ Print Municipality Postal Code ____________________________________________________ Telephone Fax e-mail

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 861

Schedule “A-3” Field Review of Construction Inspection Commitment Certificate Structural Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects, 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: ___________________________________________________________________________________ Authority Having Jurisdiction Date ___________________________________________________________________________________ Address ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Dear: ___________________________________________________________________________________ Authority Having Jurisdiction 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.

I hereby certify for the Structural Design Requirements that 1) I will review the structural shop drawings to de termine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein;

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 862 © NS Registry of Regulations. Web version. 2) I will coordinate the review of changes to the stru ctural 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 the authority having jurisdiction prior to requesting the occupancy permit. 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.

The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours if the contract for Field Review of Construction is terminated at any time during construction. _____________________________________________________ Print Name Affix below the seal of the ________________________ ________________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial legislation. _____________________________________________________ Print Name of Firm or Company _____________________________________________________ Print Address _____________________________________________________ Print Municipality Postal Code _____________________________________________________ Telephone Fax e-mail

Schedule “A-4” Field Review of Construction Inspection Commitment Certificate Mechanical Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto;

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 863 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 requirements.

To ___________________________________________________________________________________ Authority Having Jurisdiction Date ___________________________________________________________________________________ Address ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Dear ___________________________________________________________________________________ Authority Having Jurisdiction 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 MECHANICAL DESIGN requirements.

I hereby certify for the Mechanical Design Requirements that 1) I will review the mechanical shop drawings to de termine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the mech anical 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 the authority having jurisdiction prior to requesting the occupancy permit. 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. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. ___________________________________________________ Print Name Affix below the seal of the _________________________ ______________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial ___________________________________________________ legislaiton.

Print Name of Firm or Company ____________________________________________________ Print Address ____________________________________________________ Print Municipality Postal Code ____________________________________________________ Telephone Fax e-mail

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 864 © NS Registry of Regulations. Web version.

Schedule “A-5” Field Review of Construction Inspection Commitment Certificate Electrical Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: _______________________________________________________________________________ Authority Having Jurisdiction Date _______________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Dear: _______________________________________________________________________________ Authority Having Jurisdiction 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 requirements.

I hereby certify for the Electrical Design Requirements that 1) I will review the electrical shop drawings to dete rmine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the elect rical design documents to ensure that the applicable professional engineer(

s) determines whether the changes conform to the Code; and

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 865 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit. 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. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. _____________________________________________________ Print Name Affix below the seal of the __________________________ ________________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial legislation. _____________________________________________________ Print Name of Firm or Company _____________________________________________________ Print Address _____________________________________________________ Print Municipality Postal Code ______________________________________________________ Telephone Fax e-mail

Schedule “A-6” Field Review of Construction Inspection Commitment Certificate Fire Suppression Systems Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto;

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 866 © NS Registry of Regulations. Web version.

To _______________________________________________________________________________ Authority Having Jurisdiction Date _______________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ Dear _______________________________________________________________________________ Authority Having Jurisdiction 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 FIRE SUPPRESSION SYSTEMS DESIGN requirements.

I hereby certify for the Fire Suppression Systems Design Requirements that 1) I will review the fire suppression systems shop drawi ngs to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the fire suppression systems design documents to ensure that the applicable professional engineer(

s) determines whether the changes conform to the Code; 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit; 4) I will file a copy of this form, a copy of the shop drawings, and specifications for the fire suppression system, and a copy of the appropriate contractor’s material and test certificate for the system, as required by sentence 3.2.5.13.(1) of the Code, with the Office of the Fire Marshal.

I shall forward proof of receipt for each of the documents filed, issued by the Office of the Fire Marshal, to the authority having jurisdiction prior to requesting the occupancy permit. 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. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. _____________________________________________________ Print Name Affix below the seal of the __________________________ ________________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial legislation. _____________________________________________________ Print Name of Firm or Company _____________________________________________________ Print Address

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 867 _____________________________________________________ Print Municipality Postal Code ______________________________________________________ Telephone Fax e-mail

Schedule “A-7” Field Review of Construction Inspection Commitment Certificate Geotechnical Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To _______________________________________________________________________________ Authority Having Jurisdiction Date _______________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ Dear _______________________________________________________________________________ Authority Having Jurisdiction 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 GEOTECHNICAL (PERMANENT) DESIGN requirements.

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 868 © NS Registry of Regulations. Web version. I hereby certify for the Geotechnical (Permanent) Systems Design Requirements that 1) I will review the Geotechnical shop drawings to de termine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the Geot echnical 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 the authority having jurisdiction prior to requesting the occupancy permit. 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. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. _____________________________________________________ Print Name Affix below the seal of the __________________________ ________________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial legislation. _____________________________________________________ Print Name of Firm or Company _____________________________________________________ Print Address _____________________________________________________ Print Municipality Postal Code ______________________________________________________ Telephone Fax e-mail

Schedule “A-8” Field Review of Construction Inspection Commitment Certificate Plumbing Design Requirements

Preamble

Whereas the Building Code Act, RSNS 1989,

Chapter 46, hereinafter referred to as the ‘Act’ applies to the construction or demolition of a building; And

Whereas the Minister of the Department of Labour and Workforce Development has by regulation adopted the National Building Code, with amendments as the Nova Scotia Building Code, requiring compliance with it as adopted for the construction or demolition of buildings; And

Whereas architects 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; And

Whereas

Part 2 of the Nova Scotia Building Code requires professionals to design buildings in conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto;

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations.

Web version. 869 To _______________________________________________________________________________ Authority Having Jurisdiction Date _______________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ Dear _______________________________________________________________________________ Authority Having Jurisdiction 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 PLUMBING DESIGN requirements.

I hereby certify for the Plumbing Design Requirements that 1) I will review the plumbing shop drawings to dete rmine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the pl umbing 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 the authority having jurisdiction prior to requesting the occupancy permit. 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. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. _____________________________________________________ Print Name Affix below the seal of the __________________________ ________________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial legislation. _____________________________________________________ Print Name of Firm or Company _____________________________________________________ Print Address _____________________________________________________ Print Municipality Postal Code ______________________________________________________ Telephone Fax e-mail

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 870 © NS Registry of Regulations. Web version.

Schedule “A- 9” Certification of Field Review of Construction NOTE This letter must be signed by a Licensed Architect or Professional Engineer as appropriate in accordance with Provincial Legislation and must be submitted after completion of the project but before the occupancy permit is issued. A separate letter must be submitted by each architect, or professional engineer hired by the owner or prime consultant.

To _______________________________________________________________________________ Authority Having Jurisdiction Date _______________________________________________________________________________ Address _______________________________________________________________________________ _______________________________________________________________________________ Dear _______________________________________________________________________________ Authority Having Jurisdiction Re _______________________________________________________________________________ Address of Project _______________________________________________________________________________ Name of Project _______________________________________________________________________________ Legal Description of Project I hereby certify that I have fulfilled my obligations for Field Review of Construction as defined in the Letter of Undertaking and the Inspection Commitment Certificate, and advise that I have reviewed the work at intervals appropriate, to determine general compliance with the design and all revisions thereto as accepted by the authority having jurisdiction for the following disciplines which I have checked and initialled.

G Building Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System _____________________________________________________ Print Name Affix below the seal of the __________________________ ________________________ licensed Professional Engineer Signature Initials Sample in accordance with provincial legislation. _____________________________________________________ Print Name of Firm or Company _____________________________________________________ Print Address _____________________________________________________ Print Municipality Postal Code ______________________________________________________ Telephone Fax e-mail

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 871

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 872 © NS Registry of Regulations. Web version.

Schedule C Barrier-Free Design As amended by

Article 3.1.1.5. of these regulations

Section 3.8 Barrier-Free Design of the Code is replaced with the following 3.8 Barrier-Free Design 3.8.1. General (See Appendix Note 3.8.1. NSBCR) 3.8.1.1. Application

(1) The requirements of this

section apply to all buildings, except (

a) houses, including semi-detached, duplexes, triplexes, townhouses, row houses, boarding houses, and rooming houses, (

b) houses on their own lot, except as required by Sentence 3.8.1.1.(5), for houses used as roofed accommodation, for not more than 10 persons including the owner and the owner’s family, (

c) buildings of Group F, Division 1 major occupancy, (

d) buildings which are not intended to be occupied on a daily or full time basis, including automatic telephone exchanges, pumphouses, and substations, and (

e) industrial occupancies with an operati on which is not adaptable to barrier-free. (

f) fire, rescue, and emergency response facilities intended to house vehicles and their crews. (See Appendix Note A-3.8.1.1.(1)(

f) NSBCR)

(2) In camping accommodation where sleeping accommodations are provided, and in roofed accommodation one sleeping unit conforming to

Article 3.8.3.17. shall be provided for every twenty (20) sleeping units or part thereof.

(3) In roofed accommodation, when a fire alarm system is required by Subsection 3.2.4. (Part 3, Division B, Volume 1) or Subsection 9.10.18. (Part 9, Division B, Volume 1) NBC, at least one sleeping unit for every twenty (20) sleeping units or part thereof, other than those required in Sentence 3.8.1.1.(2), shall be provided with a warning system which shall conform to

Article 3.2.4.19. Visual Signals (Part 3, Division B, Volume 1).

(4) Every floor area to which a barrier-free path of travel is required to provide access, shall conform to

Article 3.3.1.7. (Part 3, Division B, Volume 1). Protection on Floor Areas with a Barrier-Free Path of Travel

(5) Where an alteration on the entrance level is made to a dwelling unit used as roofed accommodation, exempt by Clause 3.8.1.1.(1)(b), to add sleeping accommodation, (

a) one sleeping unit conforming to

Article 3.8.3.17., (

b) barrier-free entrance shall be designe d in accordance with

Article 3.8.3.3., (

c) barrier free path of travel conforming to

Article 3.8.1.3., and (

d) one parking stall for each required sleep ing unit under this sentence conforming with Sentence 3.8.2.2.(5) shall be provided.

(6) Except as exempt by 3.8.1.1.(1)(a), in residential occupancies of multiple suites, one unit conforming to

Article 3.8.3.18. shall be provided for every twenty (20) units or part thereof. (See Appendix A-3.8.1.1.

(6) NSBCR)

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 873 3.8.1.2. Entrances (See Appendix A, Division B, Volume 2 A-3.8.1.2. NBC)

(1) In addition to the barrier-free entrances required by Sentence (2), not less than 50% of the pedestrian entrances of a building referred to in Sentence 3.8.1.1.(1) shall be barrier-free and shall lead from (

a) the outdoors at sidewalk level, or (

b) a ramp that conforms to

Article 3.8.3.4. and leads from a sidewalk.

(2) A suite of assembly occupancy, business and personal services occupancy or mercantile occupancy that is located in the first storey of a building, or in a storey to which a barrier-free path of travel is provided, and that is completely separated from the remainder of the building so that there is no access to the remainder of the building, shall have at least one barrier-free entrance.

(3) A barrier-free entrance required by Sentences (1) or (2) shall be designed in accordance with

Article 3.8.3.3.

(4) At a barrier-free entrance that includes more than one doorway, only one of the doorways is required to be designed in accordance with the requirements of

Article 3.8.3.3.

(5) If a walkway or pedestrian bridge connects two barrier-free storeys in different buildings, the path of travel from one storey to the other storey by means of a walkway or bridge shall be barrier free.

(6) Where a principal entrance to a building of residential occupancy is equipped with a security door system, (

a) both visual and audible signals shall be u sed to indicate when the door lock is released, and (

b) there are more than 20 suites a closed circ uit visual monitoring system shall be provided capable of connection to individual suites.

(7) Where a house is required to conform to the requirements of sentence 3.8.1.1.(5) such house shall provide one barrier free entrance in conformance with sentence (1). 3.8.1.3. Barrier-Free Path of Travel

(1) Except as required by Sentence 3.8.3.2. (1), or as permitted by

Article 3.8.3.3. for doorways, the unobstructed width of a barrier-free path of travel shall be not less than 920 mm.

(2) Interior and exterior walking surfaces that are within a barrier-free path of travel shall (

a) have no opening that will permit the passage of a sphere more than 13 mm diam, (

b) have any elongated openings oriented approxi mately perpendicular to the direction of travel, (

c) be stable, firm and slip-resistant, (

d) be bevelled at a maximum slope of 1 in 2 at changes in level not more than 13 mm, and (

e) be provided with sloped floors or ramps at changes in level more than 13 mm.

(3) A barrier-free path of travel is permitted to include ramps, passenger elevators, inclined moving walks, or passenger-elevating device to overcome a difference in level.

(4) The width of a barrier free path of travel that is more than 30 m long shall be increased to not less than 1500 mm for a length of 1500 mm at intervals not exceeding 30 m.

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 874 © NS Registry of Regulations. Web version. 3.8.1.4. Storeys Served by Escalators

(1) In a building in which an escalator or inclined moving walk provides access to any floor level above or below the entrance floor level, an interior barrier-free path of travel shall be provided to that floor level. (See Appendix A, Division B, Volume 2 A-3.8.1.4.

(1) NBC)

(2) The route from the escalator or inclined moving walk to the barrier-free path of travel from floor to floor required by Sentence (1) shall be clearly indicated by appropriate signs. 3.8.1.5. Controls

(1) Except as required by Sentence 3.5.2.1. (NBC Division B, Volume 1) for elevators, controls for the operation of building services or safety devices, including electrical switches, thermostats and intercom switches, intended to be operated by the occupant and located in or adjacent to a barrier-free path of travel shall be accessible to a person in a wheelchair, operable with one hand, and mounted between 400 mm and 1 200 mm above the floor. 3.8.2. Occupancy Requirements 3.8.2.1. Areas Requiring a Barrier-Free Path of Travel (See Appendix A-3.8.2.1. NSBCR)

(1) Except as permitted by Sentence (2), a barrier-free path of travel from the entrances required by Sentences 3.8.1.2.(1) and (2) to be barrier-free shall be provided throughout and within all normally occupied floor areas of (

a) the entrance storey, (

b) each storey exceeding 600 m² in area, and (

c) each storey served by a passenger elevator, escalator, inclined moving walk, or a passenger-elevating device. (See 3.8.3.5.

(1) NSBCR and A-3.8.2.1.(1)(c)) (See

Article 3.3.1.7. Protection on Floor Areas with a Barrier-Free Path of Travel (Part 3, Division B, Volume 1) for additional requirements for floor areas above or below the first storey to which a barrier-free path of travel is required.)

(2) A barrier-free path of travel for persons in wheelchairs is not required (

a) to service rooms, (

b) to elevator machine rooms, (

c) to janitor’s rooms, (

d) to service spaces, (

e) to crawl spaces, (

f) to attic or roof spaces, (

g) to floor levels not served by a passenge r elevator, a passenger-elevating device, an escalator, or an inclined moving walk, (

h) to high hazard industrial occupancies, (

i) within portions of a floor area with fixed seats in an assembly occupancy where those portions are not part of the barrier-free path of travel to spaces designated for wheelchair use, (

j) within floor levels of a suite of residentia l occupancy that are not at the same level as the entry level to the suite, (

k) within a suite of residential occ upancy not required by 3.8.1.1.(6) or (j) [(l)] within those parts of a floor area that are not at the same level as the entry level, provided amenities and uses provided on any raised or sunken level are accessible on the entry level by means of a barrier-free path of travel.

(3) In an assembly occupancy, the number of spaces designated for wheelchair use within rooms or areas with fixed seats shall conform to Table 3.8.2.1. (See also

Article 3.8.3.6. for additional requirements.)

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 © NS Registry of Regulations. Web version. 875 Table 3.8.2.1. Designated Wheelchair Spaces Number of Fixed Seats in Seating Area Number of Spaces Required for Wheelchairs 2 - 100 101 - 200 201 - 300 301 - 400 401 - 500 501 - 900 901 - 1 300 1 301 - 1 700 each increment of up to 400 seats in excess of 1 700 2 3 4 5 6 7 8 9 one additional space 3.8.2.2. Access to Parking Areas

(1) If exterior parking is provided, a barrier-free path of travel shall be provided between the exterior parking area and a barrier-free entrance conforming to

Article 3.8.1.2. (See Appendix A, Division B, Volume 2 A-3.8.1.2. NBC)

(2) If a passenger elevator serves one or more indoor parking levels, a barrier-free path of travel shall be provided between at least one parking level and all other parts of the building required to be provided with barrier-free access in accordance with

Article 3.8.2.1.

(3) If an exterior passenger loading zone is provided, it shall have (

a) an access aisle not less than 1 500 mm wide and 6 000 mm long adjacent and parallel to the vehicle pull-up space, (

b) a curb ramp conforming to 3.8.3.2(2), wh ere there are curbs between the access aisle and the vehicle pull-up space, and (

c) a clear height not less than 2 750 mm at the pull-up space and along the vehicle access and egress routes.

(4) Where on-site parking is provided, parking stalls for use by disabled persons shall be provided (

a) as designated by Table 3.8.2.2., (

b) one parking stall for disabled persons shall be provided for each viewing position required in assembly occupancies in Sentence 3.8.2.1.(3) or (

c) one parking stall for each barrier free residential suite. Table 3.8.2.2. Designated Parking Stalls Number of Parking Stalls Number of Designated Stalls Required for Wheelchairs 2 - 15 16 - 45 46 - 100 101 - 200 201 - 300 301 - 400 401 - 500 501 - 900 901 - 1 300 1 301 - 1 700 each increment of up to 400 stalls in excess of 1 700 1 2 3 4 5 6 7 8 9 10 one additional space

N.S. Reg. 322/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 26 876 © NS Registry of Regulations. Web version.

(5) Parking stalls for use by persons with physical disabilities shall (

a) be not less than 2 400 mm wide and provided on one side with an access aisle not less than 1 500 mm wide. (If more than one parking space is provided for persons with physical disabilities, a single access aisle can serve two adjacent parking stalls.) and if parallel parking stalls shall be not less than 7 000 mm long. (

b) have a firm, slip-resistant and level surf ace of asphalt, concrete or compacted gravel, (

c) be located close to an entrance required to conform to

Article 3.8.1.2., but not exceeding 50 m, (

d) be clearly marked as being for the use of persons with physical disabilities, and (

e) be identified by a sign located not less than 1 500 mm above ground level in conformance the Motor Vehicle Act of Nova Scotia, traffic sign regulations. 3.8.2.3. Washrooms Required to be Barrier-Free (See Appendix A, Division B, Volume 2 A-3.8.2.3. NBC )

(1) Except as permitted by Sentence (2), a washroom in a storey to which a barrier-free path of travel is required in accordance with

Article 3.8.2.1., shall be barrier-free in accordance with the appropriate requirements in Articles 3.8.3.8. to 3.8.3.13.

(2) A washroom need not conform to the requirements of Sentence (1) provided (

a) it is located within a suite of residential occupancy, except where required by 3.8.1.1.(6), or (

b) other barrier-free wa

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 322/2009
Date	2009-01-01
Type	gazette
Volume / chapter	just regulations rg2 2009 de1809
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	60acf01a3e3a1f3a8bfdbc6ea813aee27bb8a2b3

Source file is stored in the law ingest library (pdf).