For the official version of the regulations

N.S. Reg. 198/2024

Nova Scotia — Regulations

For the official version of the regulations

N.S. Reg. 198/2024

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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Nova Scotia Building Code Regulations

made under

Section 4 of the

Building Code Act

R.S.N.S. 1989, c. 46

N.S. Reg. 198/2024 (effective April 1, 2025)

amended to N.S. Reg. 199/2024 (effective April 1, 2026)

including N.S. Reg. 133/2025, N.S. Reg. 3/2026 and N.S. Reg. 78/2026

Effective April 1, 2027, these regulations are amended by N.S. Reg. 200/2024.

Effective April 1, 2029, these regulations are amended by N.S. Reg. 201/2024.

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Part 1:

Interpretation,

Definitions, Scope and Administration

Citation

Definitions

Definitions in NBC apply

Adoption of national codes

Notes referenced in regulations

Scope and Application

Scope

Existing buildings

Exemptions

Home-based business exemptions

Factory-constructed buildings

Administration

Building permit fees

Withholding permits

Applying for permit

Minimum information required in application

Dimensional tolerances

Deviations from Code or permit

Land surveys

Site grading

Repairs to public property

Permission to proceed in part

Temporary building or occupancy permits

Nova Scotia Building Advisory Committee–qualification of members

Forms prescribed for field review of construction

Part 2: Responsibilities and Obligations

Responsibility for Carrying out Work

Responsibility for carrying out work not affected

Obligations of Owner

Letter of undertaking when professional required to design

Required permits and plan reviews

Start-up date

Notice of names and contact information for employees

Plans and permit at site

Professional design and review

Structural components requiring professional design and review

Site conditions, size or complexity requiring professional design and review

Professional design and review for sprinklered buildings

Alteration to property boundary or ground elevation

Notification for inspection and certification of field review of construction

Occupancy before work completed

Test or inspections to prove compliance

Responsibility on discontinuation of work

Obligations of Professionals

Field review of construction

Obligations of Constructor

Owner deemed to be constructor

Work on public property

Responsibilities for work with owner

Responsibility on discontinuation of work

Materials, systems to comply with Code

Obligations of Building Official

Appointment and qualification of building officials

Administration and enforcement of Act, regulations and Code

Copies of applications, inspections and tests

Notices and orders

Responding to inquiries

Authority having jurisdiction to issue permits

Duty to inform owner of plan review requirement

Tests required to prove compliance

Report required for failure or potential failure

Conditional building or occupancy permit

Incorrect information in application for permit

Permit conditions

Occupancy before completion

Part 3: Amendments to Adopted National Codes

Amendments to Division A (Compliance, Objectives and Functional Statements) of

National Building Code

Sentence 1.1.1.1.(2) (Application of this Code) replaced

Article 1.2.1.2. (Prescribed Organizations) added

Article 1.3.3.5. (Application of

Part 2) repealed

Article 1.3.3.6. (Classification of Buildings containing Agricultural Occupancies)

repealed

Sentence 1.4.1.2(1)—Defined Terms—modified

Clause 3.1.1.2.(3)(a) (Functional Statements F73 and F74) replaced

Amendments to

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

Article 1.3.1.2. (Applicable Editions) replaced

Table 1.3.1.2. (Documents referenced in NBC) amended

Amendments to

Part 2 (Farm Buildings) of Division B of National Building Code

Part 2 (Farm Buildings) repealed

National Building Code

Article 3.1.5.25. (Combustible Solar Collector Systems) added

Article 3.2.2.93. (Alternate Compliance Methods for Existing Buildings) added

Sentence 3.2.7.1.(1) (Minimum Lighting Requirements) replaced

Sentences 3.2.7.9.(1) and (4) (Emergency Power for Building Services) replaced

Sentence 3.2.7.9.(5) (Emergency Power for Building Services) added

Sentence 3.4.6.16.(8) (Door Release Hardware) added

Table 3.10.1.1. (Objectives and Functional Statements Attributed to Acceptable

Solutions in

Part 3) amended

Amendments to

Part 9 (Housing and Small Buildings) of Division B of National Building

Code

Sentence 9.1.1.1.(2) (Application) added

Article 9.5.2.1. (Barrier Free Design—General) replaced

Article 9.5.2.3. (Exception for Apartment Buildings) repealed

Article 9.5.2.4. (Exemption for Houses) added

Sentence 9.9.12.2.(1) (Required Lighting in Egress Facilities) replaced

Sentence 9.10.1.3.(1) (Items under

Part 3 Jurisdiction) amended

Sentence 9.10.2.2.(6) (Home-Type Care Occupancies) amended

Article 9.10.19.4. (Power Supply) replaced

Article 9.31.4.1. (Required Fixtures) replaced

Clause 9.32.3.3.(1)(b) (Principal Ventilation System) amended

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

Sentence 9.36.1.3.(1) (Compliance and Application) replaced

Table 9.36.8.2. (Energy Performance Tiers) amended

Table 9.36.8.8. (Energy Conservation Measures and Points for Airtightness) replaced

Sections 9.38. (Recreational Cabins) and 9.39. (Tiny Houses) added

Table 9.37.1.1. (Objectives and Functional Statements Attributed to Acceptable

Solutions in

Part 9) amended

Amendments to

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

Article 2.4.9.1. (No Reduction in Size) replaced

Sentence 2.6.1.6.(4) (Flushing Devices) replaced

Amendments to

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

Sentence 1.1.2.1.(1) (Prescriptive, Trade-off or Performance Compliance) replaced

Schedule A: Forms for Field Review of Construction

Form 1: Letter of Undertaking—Confirmation of Commitment by Owner to

MunicipalBuilding Official as Authority Having Jurisdiction(Field Review of

Construction)

Form 2: Commitment Certificate—Prime Consultant(Field Review of Construction)

Form 3: Commitment Certificate—Building Design Requirements(Field Review of

Construction)

Form 4: Commitment Certificate—Structural Design Requirements(Field Review of

Construction)

Form 5: Commitment Certificate—Mechanical Design Requirements(Field Review of

Construction)

Form 6: Commitment Certificate—Electrical Design Requirements(Field Review of

Construction)

Form 7: Commitment Certificate—Fire Suppression Systems Design Requirements

Form 8: Commitment Certificate—Geotechnical Design Requirements(Field Review of

Construction)

Form 9: Commitment Certificate—Plumbing Design Requirements(Field Review of

Construction)

Form 10: Commitment Certificate—Interior Design Requirements(Field Review of

Construction)

Form 11: Commitment Certificate—Resource Conservation Measures—Energy

Requirements(Field Review of Construction)

Form 12: Certification of Field Review of Construction

Schedule B: Design Data for Selected Locations in Nova Scotia

Schedule D: Alternate Compliance Methods for Existing Buildings

Part 1:

Interpretation,

Definitions, Scope and Administration

Citation

1 These regulations may be cited as the Nova Scotia Building Code Regulations .

Definitions

(1) In these regulations, the following

definitions apply:

“Act” means the Building Code Act ;

“alternating tread device” means a device that has a series of steps between 50°

and 70° from the horizontal, usually attached to a centre support rail in an

alternating manner so that the user does not have both feet on the same level at the

same time;

“authority having jurisdiction” has the same meaning as specified in any code

adopted under

Section 4 and includes a building official as designated under

Section 48;

“camping accommodation” means any building within a campground that is

intended to

(

i) serve the public, or

(ii) be used as rental accommodation for the travelling or vacationing

public;

“Code” means the Nova Scotia Building Code , which includes all of the following:

(

i) all national codes adopted under

Section 4,

(ii) all amendments, including deletions and additions, to adopted

national codes made in these regulations, including in

Schedule C to

these regulations,

(iii) Schedules B and D to these regulations;

“egress roof access window” means a skylight or roof window;

“field review of construction” means the review of construction work at intervals

appropriate to the stage of construction, at the project site and at any fabrication

location where building components are fabricated for use at the project site, that

the designer in their professional discretion considers necessary to determine

general compliance with the design drawings accepted by the authority having

jurisdiction and all revisions to the drawings, but does not include coordination,

quality and performance of construction;

“habitable room” means any room or space within a dwelling available for use by

any occupant and includes all of the following:

(

i) closet or storage areas if the contents are not within normal reach

from outside of the opening,

(ii) low headroom areas if there are no mechanical or electrical devices

that require occasional servicing by the occupants;

“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 a municipality in accordance with the Heritage Property Act ;

“home-based business” means a business or service use located in a dwelling unit

that is used or occupied as a single housekeeping unit;

“interior designer” means a member or licensee of the Interior Designers of Nova

Scotia;

“landing platform” means a landing provided as the top step of a stairway

accessing a loft;

“loft” means a floor level located directly above and accessed from a floor level

with direct access to an exit door and open to the floor level below on at least 1

side;

“manufactured home” means a transportable, single- or multiple-section dwelling

unit certified by an accredited certification body as complying with the CSA Z240

MH Series, Manufactured Homes , at the time of manufacture, before it is placed

on the installation site;

“modular building” means a finished module or modules of a complete building

built in a factory for transport to the site for assembly and certified to CSA

standard CSA A277, Procedure for certification of prefabricated buildings,

modules and panels by an accredited certification body at the time of manufacture,

before it is placed and assembled on the installation site;

“modular panel” means a finished

section or panel that is not part of a modular or

building that is built in a factory, intended for transport to the site for installation,

and is certified to CSA standard CSA A277, Procedure for certification of

prefabricated buildings, modules and panels ;

“National Building Code” or “NBC” means the National Building Code of

Canada , as adopted under

Section 4;

“National Energy Code” or “NECB” means the National Energy Code of Canada

for Buildings , as adopted under

Section 4;

“National Farm Building Code” or “NFBC” means the National Farm Building

Code of Canada , as adopted under

Section 4;

“National Plumbing Code” or “NPC” means the National Plumbing Code of

Canada , as adopted under

Section 4;

“NSBCR” means the Nova Scotia Building Code Regulations ;

“recreational cabin” means a building that meets the criteria in Sentence

9.38.1.1.(1) (Part 9 of Division

B) of the National Building Code , as added by

these regulations;

“roofed accommodation” means a roofed building, part of a building or group of

buildings that is intended as rental accommodation for the travelling or vacationing

public;

“Schedule A” means

Schedule A: Forms for Field Review of Construction;

“Schedule B” means

Schedule B: Design Data for Selected Locations in Nova

Scotia;

(Replaced for Code);

“Schedule D” means

Schedule D: Alternate Compliance Methods for Existing

Buildings;

“tiny house” means a dwelling unit that is 37 m 2 or less in building area;

“work” means any construction activity regulated by these regulations and carried

out on or about a construction site or on, in or about a building or part thereof.

(2) A reference in these regulations to an occupancy group classification or class is a

reference to the classification as set out in the National Building Code .

(3) A reference to a building official in these regulations and the Act is a reference to

the building official as the authority having jurisdiction, in accordance with

Section

Definitions in NBC apply

3 The

definitions in Sentence 1.4.1.2.(1) of Division A to the National Building Code

apply to these regulations, unless otherwise defined.

Adoption of national codes

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

regulations, as part of the Code:

(

a) the National Building Code of Canada 2020 , including all revisions, errata

and corrections to the errata issued by the Canadian Commission on

Building and Fire Codes, National Research Council of Canada, NRCC-CONST-56435E on or before April 1, 2023;

(

b) the National Energy Code of Canada for Buildings 2020 , including all

revisions, errata and corrections to the errata issued by the Canadian

Commission on the Building and Fire Codes, National Research Council of

Canada, NRCC-CONST-56438E on or before April 1, 2023;

(

c) the National Plumbing Code of Canada 2020 , including all revisions, errata

and corrections to the errata issued by the Canadian Commission on the

Building and Fire Codes, National Research Council of Canada, NRCC-CONST-56436E on or before April 1, 2023;

(

d) the National Farm Building Code of Canada 1995 , including all revisions,

errata and corrections to the errata issued by the Canadian Commission on

the Building and Fire Codes, National Research Council of Canada, NRCC

38732 on or before April 1, 2023.

(2) Except as provided in subsection (3), a national code adopted under subsection

(1) as part of the Code must be complied with as adopted.

(3) A manufactured home or a modular building that is built in a factory after August

1, 2025, is exempt from the requirement under the regulations to comply with

Part

3 of these regulations.

Notes referenced in regulations

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

(

a) notes found in Appendix A to the National Building Code , which are noted

as “(See Note A-[specific provision numbers and letters], NBC)”;

(

b) notes found in the explanatory notes to these regulations, which are noted as

“(See Note NS-[specific provision number and letters], NSBCR)”.

(2) Notes are for explanatory purposes only and do not form part of these regulations.

Scope and Application

Scope

(1) These regulations apply to the administration and enforcement of the Act in the

(

a) design, construction, erection, placement and occupancy of new buildings;

(

b) alteration, reconstruction, demolition, removal, relocation, occupancy and

change of occupancy classification of existing buildings; and

(

c) work necessary to correct unsafe conditions in existing buildings that are

reported to a building official or observed during an inspection.

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

building that are altered.

(3) If the whole or any part of a building is relocated either within or into the area of

jurisdiction of a municipality as the authority having jurisdiction, these regulations

apply only to the parts of the building that are being altered or constructed.

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

(

a) the work involved in the demolition; and

(

b) the work required to any part of the building that remains after demolition,

to the extent that deficiencies occurring or remaining after demolition

require correction.

(5) If a building is damaged by fire, earthquake or other cause, these regulations apply

to the work necessary to reconstruct damaged portions of the building.

Existing buildings

(1) Any construction or condition that lawfully existed before the effective date of

these regulations is not required to conform to these regulations if the construction

or condition does not constitute an unsafe condition in the opinion of a building

official.

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

set out in

Schedule D may be used if a building existed before March 13, 1987,

and either of the following apply:

(

a) the building is undergoing construction other than for a change of

occupancy classification;

(

b) the building is undergoing construction and a change of occupancy

classification results in an occupancy with a reduced fire hazard risk.

(3) If a heritage building, or part thereof, is undergoing a change in occupancy

classification, the owner may choose the alternate compliance methods for existing

buildings in

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

(4) If any building in a heritage conservation district is undergoing a change in

occupancy classification, the owner may choose the alternate compliance methods

for existing buildings in

Schedule D, or a combination of the those methods and

the Code.

(1) Except as provided in subsections 7(2), (3) and (4), if a building or part thereof has

of the National Building Code , as set out in

Schedule C, including for barrier-free

entrances, apply to the construction of the building or part thereof undergoing the

change.

(2) In subsections (3) to (5),

“restaurant” means a restaurant as defined in the Food Safety Regulations made

under the Health Protection Act .

(3) If a Group A, Division 2 assembly occupancy building, or part thereof, is

constructed or altered for use as a restaurant, the exemptions in Sentences

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

Schedule C,

do not apply to the construction of the restaurant part of the building.

(4) If a Group A, Division 2 assembly occupancy building, or part thereof, changes

from a non-restaurant use to a restaurant use, the change is considered equivalent

to a change of occupancy classification.

(5) The exemptions set out in Sentence[s] 3.8.2.3.(1) and 3.8.2.7.(2) of the National

Building Code , as set out in

Schedule C, do not apply to a building, or part thereof,

with a change of occupancy classification under subsection (4).

Exemptions

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

(

a) sewerage, water, electrical, telephone, rail or similar systems located above,

below or on an area that is dedicated or deeded for public use;

(

b) public utility towers and poles, television and radio or other communication

aerials and towers, except for loads resulting from those located on or

attached to buildings;

(

c) if not a building, flood control structures, dams for public water supply,

hydroelectric dams and their related structures;

(

d) mechanical or other equipment and appliances not specifically regulated by

the Code;

(

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

Part 6

of the National Building Code or the National Farm Building Code ;

(

f) free-standing signs;

(

g) fences;

(

h) retaining walls or exterior steps not attached to, and forming part of, a

building’s construction.

(2) Unless a municipality otherwise requires by bylaw or regulations under another

statute require, the Code applies but a building permit is not required for any of the

following:

(

a) accessory buildings not greater than 20 m 2 in area;

(

b) for buildings under the scope of

Part 9 of Division B of the National

Building Code , interior and exterior non-structural material alterations and

material repairs for any or all of the following:

(

i) removing and replacing roofing with similar materials,

(ii) removing and replacing cladding with similar materials,

(iii) replacing or repairing drywall or other interior finish,

(iv) installing additional insulation or replacing insulation,

(

v) replacing a furnace or boiler,

(vi) installing or replacing an air-conditioning unit or heat pump,

(vii) replacing windows or doors, if there is no change in location or size

of the window or door and the structural support for the opening is

not affected,

(viii) installing or replacing cabinets, shelving, millwork or flooring,

(ix) waterproofing or damp proofing of foundation walls or repairing or

replacing foundation drainage;

(

c) for buildings under the scope of

Part 3 of Division B of the National

Building Code , interior and exterior non-structural material repairs or

maintenance with a monetary value of $10 000.00 or less;

(

d) replacing or installing a new plumbing fixture that does not increase the

hydraulic load of the drainage system or require alterations to an existing

water distribution system or drainage system.

(See Note NS-9(2), NSBCR)

Home-based business exemptions

(1) A building official may consider a home-based business as part of the Group C

residential occupancy of a dwelling unit and not a major occupancy for the

purposes of the Code if all the following criteria are met:

(

a) the business or service use of the dwelling unit, an accessory building to the

dwelling unit, or both, is secondary to the residential occupancy use of the

dwelling unit;

(

b) at least 1 full-time resident of the dwelling unit with the home-based

business operates the business or service;

(

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

(

i) a Group F1 high-hazard industrial occupancy, or

(ii) a Group F2 medium-hazard industrial occupancy;

(

d) the home-based business uses an aggregate floor area of less than 50 m 2 ;

(

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

dwelling unit.

(2) A home-based business that meets all of the criteria in subsection (1) is not

considered a separate and adjoining major occupancy from the dwelling unit for

the separation requirements in

Article 3.1.3.1. (Part 3 of Division

B) of the

National Building Code .

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

Article 3.7.2.2.

(Part 3 of Division

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

(

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

(

b) a home-based business located with an accessory building, if that building is

less than 45 m from the dwelling unit.

(4) A dwelling unit with a home-based business is deemed to be a building that is

exempt from the barrier-free design requirements under Clause 3.8.2.1.(1)(

a) of the

National Building Code , as set out in

Schedule C.

(5) A home-based business that meets all the criteria in subsection (1) is not

considered a separate major occupancy from the dwelling unit for the occupancy

classification purposes in Subsection 9.10.2. (Part 9 of Division

B) of the National

Building Code .

(See Note NS-10, NSBCR)

Factory-constructed buildings

10A

(1) Except as provided in subsections (2) and (3), if a building or a component of a

building is assembled in such a manner that it cannot be reviewed on site, an off-site review must be carried out to determine compliance with the Code.

(2) A manufactured home or a modular building is deemed to comply with the Code if

it is marked in accordance with clause 7.4 of CSA standard CSA A277, Procedure

for certification of prefabricated buildings, modules and panels .

(3) A modular panel that is closed at the factory such that it cannot be inspected on site

is deemed to comply with the Code if it is marked in accordance with clause 7.4 of

CSA standard CSA A277, Procedure for certification of prefabricated buildings,

modules and panels .

(See Note NS-10A, NSBCR)

Administration

Building permit fees

11 For the purpose of determining the fees to be applied for a building permit, a

municipality, as the authority having jurisdiction, may place a value on the cost of the

work based on an accepted costing standard.

Withholding permits

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

(

a) for systems that require an approval, there is a valid on-site sewage disposal

system approval issued by the department responsible for enforcing the

Environment Act ; or

(

b) for systems that do not require an approval, notification has been given to

the department responsible for enforcing the Environment Act for the

construction of a building requiring a new private sewage disposal system.

(See Note NS-12(1), NSBCR)

(2) A building official may withhold an occupancy permit until they are satisfied that

all of the following are done, as applicable:

(

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

jurisdiction;

(

b) the civic address is posted if a municipality requires by bylaw, in accordance

with

Section 313 of the Municipal Government Act ;

(

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

provided;

(

d) a fire safety plan approved by the authority having jurisdiction over fire

safety matters is in place for the occupancy.

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

is a valid “Minister’s Consent For Building and Access to Property” for the work

issued by the department responsible for enforcing the Public Highways Act .

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

(

a) all applicable requirements of the Heritage Property Act and the Municipal

Government Act , including any land use bylaw, subdivision bylaw, lot

grading plan or development agreement, have been complied with; and

(

b) all required permits are issued by a development officer for the

municipality.

Applying for permit

13 To obtain a permit, an owner must submit an application as prescribed in the bylaws of

the applicable municipality as the authority having jurisdiction.

Minimum information required in application

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

criteria:

(

a) it must identify and describe in detail the work and occupancy to be covered

by the permit being applied for;

(

b) it must describe the land by including either,

(

i) if Nova Scotia property mapping exists for the property, the unique

Parcel Identifier (PID), or

(ii) if Nova Scotia mapping does not exist for the property, the

assessment account number and a description that will readily

identify and locate the building lot;

(

c) it must include plans and specifications, as required by Subsection 2.2.2. of

Division C of the National Building Code ;

(

d) it must state the valuation of the proposed work and be accompanied by the

required fee;

(

e) it must state the name, address and telephone number of the owner and of

each of the following who will perform work under the permit:

(

i) architect,

(ii) professional engineer,

(iii) interior designer or other designer,

(iv) constructor,

(

v) inspection or testing agency that has been engaged to monitor the

work or part of the work;

(

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

(

g) it must include any additional information that is required by a building

official.

Dimensional tolerances

15 A building official may accept a minor variation, not more than 2%, in a dimension

given in the Code if, in the opinion of the building official,

(

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

(

b) accessible design and access will not be adversely affected by the variation.

(See Note NS-15, NSBCR)

Deviations from Code or permit

16 An owner must not deviate, nor authorize a deviation, from the Code or from the

conditions of a building permit without first obtaining permission in writing for the

deviation from a building official.

Land surveys

17 In addition to the documents required by clause 14(1)(c), an owner, if requested by a

building official, must submit an up-to-date plan of survey or real property report

prepared by a Nova Scotia land surveyor registered under the Land Surveyors Act , that

contains sufficient information about the site and the location of the building to

(

a) before construction begins, establish that the requirements of the Act, these

regulations and the Code related to the site and the location of the building

will be complied with; and

(

b) upon completion of the work, verify that the requirements of the Act, these

regulations and the Code related to the site and the location of the building

have been complied with.

Site grading

18 A building official may require an owner to have a building site graded in conformance

with any storm drainage plan that is prepared or accepted by the building official for the

area where the building is located.

Repairs to public property

19 An owner is responsible for the cost of repairing any damage to public property or works

located on public property that may occur as a result of undertaking work, regardless of

whether a permit is required for the work.

Permission to proceed in

part

(1) To ensure conformance with the Code, a building official may allow, with

conditions as necessary, an owner to proceed, at the owner’s risk, with excavation

or construction of part of a building before the plans of the entire building have

been submitted.

(2) An owner must submit all plans and specifications that a building official requires

in connection with an excavation or construction allowed under subsection (1),

including at a minimum, complete plans and specifications for the work allowed.

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

with this

Section proceeds without assurance that the excavation or construction of

other parts of the building will be allowed.

Temporary building or occupancy permits

(1) Despite any other provision of these regulations, a temporary permit issued by a

building official may authorize, for a limited time only, under circumstances that

warrant only selective compliance with the Code,

(

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

(

b) a change of occupancy classification for an occupancy that, because of its

nature, will exist for a short time.

(2) A permit for a temporary building or temporary change of occupancy classification

must state all of the following:

(

a) the date the permit expires; and

(

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

(3) The term of a permit for a temporary building or temporary change of occupancy

classification may be extended in writing by a building official.

(4) A permit for a temporary building or temporary change of occupancy classification

must be posted on the building to which it applies.

(5) A permit issued for a tent or temporary air-supported structure is required to be

renewed every 12 months.

(6) A permit issued for a temporary change of occupancy classification is required to

be renewed every 12 months.

(See Note NS-21, NSBCR)

Nova Scotia Building Advisory Committee–qualification of members

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

(

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

(

b) a representative appointed from among persons nominated by the Nova

(

c) a representative of municipal government appointed from among persons

nominated by the Executive of the Nova Scotia Federation of

Municipalities;

(

d) a representative appointed from among persons nominated by the Executive

of the Association of Professional Engineers of Nova Scotia;

(

e) a representative appointed from among persons nominated by the Executive

of the Nova Scotia Association of Architects;

(

f) a representative appointed from among persons nominated by the Executive

of the Nova Scotia Home and Building Designers Association;

(

g) a representative appointed from among persons nominated by the Executive

of the Association of Interior Designers of Nova Scotia;

(

h) a representative appointed from among persons nominated by the Executive

of the Canadian Home Builders’ Association Nova Scotia;

(

i) a representative appointed from among persons nominated by the Executive

of the Construction Association of Nova Scotia;

(

j) a representative appointed from among persons nominated by the Executive

of the Nova Scotia Building Officials Association;

(

k) a representative appointed from among persons nominated by the Executive

of the Mainland Nova Scotia Building Trades.

(2) If an organization specified in subsection (1) is unable to nominate a

representative, the Minister may appoint a member nominated by any similar

organization that the Minister determines to be a replacement organization.

Forms prescribed for field review of construction

23 The following forms are prescribed for use in the field review of construction required

by these regulations:

(

a) Form 1: Letter of Undertaking—Confirmation of Commitment by Owner to

Municipal Building Official as Authority Having Jurisdiction;

(

b) Form 2: Commitment Certificate—Prime Consultant;

(

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

(

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

(

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

(

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

(

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

Requirements;

(

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

(

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

(

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

(

k) Form 11: Commitment Certificate—Resource Conservation

Measures—Energy Requirements;

(

l) Form 12: Certification of Field Review of Construction.

Part 2: Responsibilities and Obligations

Responsibility for Carrying out Work

Responsibility for carrying out work not affected

24 The acceptance of drawings and specifications, the issuing of a permit and inspections

made by a building official do not relieve an owner, owner’s agent, constructor, architect,

professional engineer or interior designer of a building from their respective

responsibility for carrying out the work or having it carried out in accordance with the

Act, these regulations and the Code, including ensuring that the occupancy of the

building, or part thereof, is in accordance with the terms of the permit.

Obligations of Owner

Letter of undertaking when professional required to design

25 Together with their application for a permit, an owner must submit a letter of

undertaking to a building official for the field review of construction in accordance with

Sections 30 and 32 when the building or part thereof is designed within the scope of any

1 or more of the following:

(

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

(

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

(

c) Section 32, for buildings within the scope of

Part 9 of Division B to the

National Building Code .

Required permits and plan reviews

(1) An owner must obtain all required permits or approvals before starting the work

that they relate to.

(2) For a building or facility containing 1 or more of the classes of occupancy that are

required to have a plan review under subsection 12(1) of the Fire Safety

Regulations , an owner must ensure that they submit the plans for review by the

Office of the Fire Marshal before starting the construction or alteration, as required

by those regulations.

Start-up date

27 Before starting work on a building site, an owner must give a building official written

notice of the date that the owner intends to start work.

Notice of names and contact information for employees

28 Before starting work on a building site, an owner must give a building official notice in

writing of the name, address and telephone number of all of the following:

(

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

(

b) the designer of the work;

(

c) all architects, professional engineers and any prime consultant performing a

field review of construction for the work;

(

d) any inspection or testing agency engaged to monitor the work, or any part of

the work.

Plans and permit at site

(1) An owner must ensure that the plans, specifications and related documents that a

building permit is based on are available at the site of the work for inspection

during working hours by a building official.

(2) An owner must ensure that the building permit, or [a] true copy of it, is posted

conspicuously at the site during the entire execution of the work.

Professional design and review

30 An owner who undertakes to construct or have constructed a building or part thereof

under the scope of

Part 3 or

Part 4 of Division B of the National Building Code must do

all of the following:

(

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

required,

(

i) are [is] appointed to undertake the design of the building or part of

the building, and

(ii) complete and submit the appropriate certificates of commitment for

the field review of construction of the building, using the applicable

forms set out in

Schedule A;

(

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

Schedule

A for the field review of construction of the building.

Structural components requiring professional design and review

31 If the dimensions of a structural component are not provided in

Part 9 of the National

Building Code for use in a building within the scope of that Part, and the dimensions are

to be determined on the basis of calculation, testing or other means of evaluation, an

owner must do all of the following:

(

a) ensure that a professional engineer is appointed to undertake the design of

the structural component;

(

b) when required by a building official, complete and submit the certificate of

commitment specified in Form 4 of

Schedule A for the field review of

construction for the structural component.

Site conditions, size or complexity requiring professional design and review

32 If the site conditions, size or complexity of a building, part of a building or a building

component warrant, a building official may require an owner to file an additional letter

of undertaking and have prepared and submitted any additional certificates of

commitment that the building official considers necessary.

Professional design and review for sprinklered buildings

(1) Except as provided in subsection (2), an owner must do all of the following for a

building that is required or intended to be sprinklered:

(

a) ensure that a professional engineer is appointed to undertake the design of

the sprinkler system;

(

b) ensure that the professional engineer completes and submits the

commitment certificate in Form 7 of

Schedule A for the field review of

construction for the fire suppression system design.

(2) Clauses (1)(

a) and (

b) do not apply to an alteration of an existing building that

requires changes to an existing sprinkler system, if a building official determines

that all of the following conditions are met:

(

a) there is no change in occupancy for the existing building;

(

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

(

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

(

d) the total number of individual sprinkler devices to be added, removed or

relocated is 10 or fewer.

(3) If clauses (1)(

a) and (

b) are determined not to apply under subsection (2), any

design documents and test results of tests conducted on the system that are required

under the Fire Safety Regulations made under the Fire Safety Act must be filed

with a building official.

Alteration to property boundary or ground elevation

(1) Except as provided in subsection (2), an owner or person hired by an owner must

not allow the ground elevations or property boundaries of a building lot to be

changed so as to place a building or part thereof in contravention of these

regulations or the Code.

(2) Subsection (1) does not apply if the building or part thereof is altered after

obtaining the necessary permit so that no contravention will occur as a result of the

change to the property boundary or grades.

Notification for inspection and certification of field review of construction

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

Part 9 of Division B

of the National Building Code must notify a building official to inspect for

compliance with the Code at all of the following stages of construction:

(

a) footings in place;

(

b) subfloor plumbing;

(

c) subfloor and foundation insulation;

(

d) pre-backfill;

(

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

(

i) the framing, roof and plumbing and mechanical systems, and

(ii) insulation and vapour barrier before wall framing is covered;

(

f) for manufactured homes and modular buildings,

(

i) superstructure installation and anchorage systems,

(ii) foundation insulation and vapour barrier before wall framing is

covered, and

(iii) plumbing connections below the first floor;

(

g) before occupancy.

(See Notes NS-35(1) and (2) and NS-10A, NSBCR)

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

Part 9 of Division B

to the National Building Code must notify a building official to inspect for

compliance with the Code as follows:

(

a) before beginning any construction that will require inspection, by notifying

of their intent to undertake construction;

(

b) during construction, as intended in the letter of undertaking and applicable

commitment certificates required by

Section 30 or 32;

(

c) at the times specified and as otherwise ordered to be inspected by a building

official before covering construction, by notifying the building official of the

intent to cover construction;

(

d) at intervals considered necessary by a building official, based on the

complexity of the building;

(

e) when construction is completed, so that a final inspection can be made.

Occupancy before work completed

36 If an owner requires occupancy to occur before all work is completed, the owner must

(

a) apply for the occupancy permit; and

(

b) ensure that no unsafe condition exists or will exist because of the work that

is being undertaken or is not completed.

Test or inspections to prove compliance

(1) An owner must make, or have made at their own expense, any tests or inspections

necessary to prove compliance with these regulations or the Code.

(2) An owner must promptly file a copy of all test or inspection reports from tests or

inspections conducted in accordance with subsection (1) with a building official.

Responsibility on discontinuation of work

38 An owner who is unable to continue work because of bankruptcy or another cause is

responsible, before leaving the site of the work, for ensuring that no unsafe condition

remains at the site.

Obligations of Professionals

39 An architect, professional engineer or interior designer who undertakes to design a

building or part thereof in accordance with their respective governing statutes,

regulations and bylaws must ensure that the design meets the intent of the Code.

Field review of construction

40 An architect, professional engineer or interior designer who undertakes a field review of

construction must do all of the following:

(

a) review the building at intervals appropriate to the state of construction to

determine general compliance with the design;

(

b) coordinate, with a building official, the review of any changes to the design

documents for consistency with the intent of the plans and specifications;

(

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

Schedule

A with a building official.

Obligations of Constructor

Owner deemed to be constructor

41 If the work for which a permit is issued is not under the control of a constructor, the

owner is deemed to be the constructor.

Work on public property

42 A constructor is responsible for ensuring that prior approval in writing is obtained from

the appropriate government authority before

(

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

(

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

part in the building.

Responsibilities for work with owner

43 A constructor is responsible jointly and severally with the owner for all and any work

undertaken.

Responsibility on discontinuation of work

44 A constructor who is unable to continue work because of bankruptcy or another cause is

responsible, before leaving the site of the work, for ensuring that no unsafe condition

remains at the site.

Materials, systems to comply with Code

45 A constructor must ensure that all materials, systems and equipment used in the

construction, alteration, reconstruction or renovation of a building meet the provisions of

the Code for the work undertaken.

Obligations of Building Official

Appointment and qualification of building officials

46 A person appointed by a municipality as a building official must meet all of the

following qualifications:

(

a) they must hold a valid diploma from the Nova Scotia Building Code

Training and Certification Board;

(

b) they must be a member in good standing of the Nova Scotia Building

Officials Association.

Administration and enforcement of Act, regulations and Code

(1) Subject to subsection (2), a building official must administer and enforce the

provisions of the Act, these regulations and the Code.

(2) A building official may only administer and enforce the provisions of the Act,

these regulations and the Code within the scope for which they hold a valid

diploma from the Nova Scotia Building Code Training and Certification Board.

(3) When enforcing the Act, these regulations and the Code in accordance with

subsection (2), a building official is designated as an authority having jurisdiction

in the municipality for which they are appointed.

(4) Any reference to a building official in the Act and these regulations is deemed to

be a reference to an authority having jurisdiction in accordance with subsection (3).

Copies of applications, inspections and tests

48 A building official must keep copies of all of the following:

(

a) applications received;

(

b) permits and orders issued;

(

c) inspections and tests made;

(

d) all papers and documents connected with the administration and

enforcement of the Act, these regulations and the Code.

Notices and orders

(1) Any notices or orders that are necessary to inform an owner that a contravention of

the Act, these regulations or the Code has been observed must be issued by a

building official in writing.

(2) A notice or order issued by a building official may specify any remedial or other

measures that are required to meet the Act, these regulations or the Code.

(3) A copy of any notices or orders issued by a building official must be retained by

the authority having jurisdiction and a copy must be sent to each of the following

by the method specified:

(

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

(

b) the interior designer, architect or professional engineer, by regular mail at

the address given on the permit application;

(

c) the constructor, by regular mail or, if the constructor is present during the

inspection, given to the constructor.

(4) An order directing compliance under subsection 12(1) of the Act may include a

requirement to do any of the following:

(

a) remove any unauthorized encroachment on public property;

(

b) remove any building, or part of a building, constructed in contravention of

the Act, these regulations or the Code;

(

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

Code;

(

d) cease any occupancy if any unsafe condition exists because of work being

undertaken or not completed;

(

e) correct any unsafe condition;

(

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

(

i) work that has been ordered to be done pursuant to an order to comply

that has been covered without being inspected,

(ii) work for which notification to inspect is required to be given under

Section 35, if uncovering the work is necessary to determine

compliance with the Code.

Responding to inquiries

50 A building official must answer all reasonable questions with respect to the provisions of

the Act, these regulations or the Code when requested to do so, but must not assist in the

laying out of any work or act in the capacity of a designer.

Authority having jurisdiction to issue permits

51 A building official must issue a building permit or an occupancy permit to an owner

when, to the best of the building official’s knowledge, the applicable conditions in the

Act, these regulations and the Code have been met.

Duty to inform owner of plan review requirement

52 A building official must inform an owner of the owner’s obligations to provide building

plans for the construction or alteration to the Office of the Fire Marshal for review before

starting the construction or alteration of a building or facility, as required by subsection

12(1) of the Fire Safety Regulations .

Tests required to prove compliance

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

d) of the Act may include a

test of any of the following, as specified in the order:

(

a) materials;

(

b) equipment;

(

c) devices;

(

d) construction methods;

(

e) structural assemblies;

(

f) foundation conditions.

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

d) of the Act, a building official may

accept evidence submitted by the owner if the building official is satisfied that the

evidence shows whether the material, equipment, device, construction or

foundation conditions meet the Code.

Report required for failure or potential failure

54 If a failure occurs that causes or has the potential to cause injury or loss of life, a building

official may require an owner, or an owner’s representative, to submit a report that states

(

a) the nature and details of the failure; and

(

b) the name and address of the constructor.

Conditional building or occupancy permit

55 A permit may be made conditional upon any of the following:

(

a) submitting additional information not available at the time, if the

information is of such a nature that withholding the permit until the

information becomes available would be unreasonable;

(

b) completing any work that is incomplete at the time of inspection, if the

application is of such a nature that no unsafe condition exists and

withholding the permit would be unreasonable.

Incorrect information in application for permit

(1) An applicant must not knowingly provide incorrect information in a permit

application.

(2) If incorrect information is provided in a permit application contrary to subsection

(1), the proposed building, construction or demolition may be deemed by a

building official to not comply with these regulations under clause 9(1)(

a) of the

Act, resulting in a refusal to issue a permit for the proposed construction,

demolition or occupancy of the building.

Permit conditions

57 Contravention of a condition under which a permit was issued that results in the permit

having been issued on mistaken or false information is grounds for a building official to

revoke the permit under clause 9(3)(

a) of the Act.

Occupancy before completion

58 To allow the occupancy of a building or part thereof for the accepted use, an occupancy

permit may be issued before construction or demolition work is started or completed,

subject to compliance with provisions to safeguard persons in or about the premises.

Part 3: Amendments to Adopted National Codes

Amendments to Division A (Compliance, Objectives and Functional Statements) of

National Building Code

Sentence 1.1.1.1.(2) (Application of this Code) replaced

59 Sentences 1.1.1.1.(2) and (3) (Part 1 of Division

A) of the National Building Code are

repealed and replaced with the following:

2) Except as provided in

Section 10A of the Nova Scotia Building Code Regulations ,

the Code applies to both site-assembled and factory-constructed buildings . (See

Note NS-10A, NSBCR).

3) Farm buildings shall conform to the requirements in the National Farm Building

Code 1995 .

Article 1.2.1.2. (Prescribed Organizations) added

59A Subsection 1.2.1. (Part 1 of Division

A) of the National Building Code is amended by

adding the following

Article immediately after

Article 1.2.1.1.:

1.2.1.2. Prescribed Organizations

1) A product evaluation report issued by an organization prescribed in Sentence

(2) may be accepted for the purpose of

Section 11A of the Act.

2) The following organizations are prescribed for the purpose of issuing a product

evaluation report:

a) Canadian Construction Materials Centre (CCMC),

b) Ontario Building Materials Evaluation Commission (BMEC), and

c) ICC-Evaluation Service (ICC-ES Canada) (See Note NS-59A, NSBCR).

Article 1.3.3.5. (Application of

Part 2) repealed

Article 1.3.3.5. (Part 1 of Division

A) of the National Building Code is repealed and

replaced with the following:

RESERVED.

Article 1.3.3.6. (Classification of Buildings containing Agricultural Occupancies) repealed

Article 1.3.3.6. (Part 1 of Division

A) of the National Building Code is repealed and

replaced with the following:

RESERVED.

Sentence 1.4.1.2(1)—Defined Terms—modified

(1) The definition of “farm building” in Sentence 1.4.1.2.(1) (Part 1 of Division

A) of

the National Building Code is repealed and replaced with the following:

“ farm building ” means a building or part thereof that does not contain a residential

occupancy and that is associated with and located on land devoted to the practice

of farming, and used essentially for the housing of equipment or livestock, or the

production, storage or processing of agricultural and horticultural produce or feeds.

(2) The definition of “major occupancy” in Sentence 1.4.1.2.(1) (Part 1 of Division

A) of the National Building Code is amended by striking out all classifications

immediately after “F3— Low-hazard industrial occupancies ”.

(3) The definition of “owner” in Sentence 1.4.1.2.(1) (Part 1 of Division

A) of the

National Building Code is repealed and replaced with the following:

“ owner ” means an owner as defined in

Section 2 of the Act.

(4) The following

definitions in Sentence 1.4.1.2.(1) (Part 1 of Division

A) of the

National Building Code are repealed:

Agricultural occupancy

Agricultural occupancy with no human occupants

Greenhouse agricultural occupancy

High-hazard agricultural occupancy

63 Sentence 2.1.1.2.(5) (Part 2 of Division

A) of the National Building Code is amended by

repealing Clause (

a) and replacing it with the following:

a) the following buildings , except that they are still required to be in compliance with

the adaptable housing requirements in Subsection 3.8.4. as set out in

Schedule C to

the Nova Scotia Building Code Regulations and the objectives in Table 3.10.1.1. as

amended in

Section 70 of those regulations:

i) detached houses,

ii) semi-detached houses,

iii) houses with a secondary suite,

iv) duplexes,

v) triplexes,

vi) townhouses,

vii) row houses, and

viii) boarding houses.

(See Note A-1.4.1.2.(1) of Division A, Secondary Suite, NBC)

Clause 3.1.1.2.(3)(a) (Functional Statements F73 and F74) replaced

64 Clause 3.1.1.2.(3)(a) (Part 3 of Division

A) of the National Building Code is repealed

and replaced with the following:

a) the following buildings , except that they are still required to be in compliance with

the adaptable housing requirements in Subsection 3.8.4. as set out in

Schedule C to

the Nova Scotia Building Code Regulations and the functional statements in Table

3.10.1.1. as amended in

Section 79 of those regulations:

i) detached houses,

ii) semi-detached houses,

iii) houses with a secondary suite ,

iv) duplexes,

v) triplexes,

vi) townhouses,

vii) row houses, and

viii) boarding houses.

Amendments to

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

65 [repealed]

Article 1.3.1.2. (Applicable Editions) replaced

Article 1.3.1.2. (Part 1 of Division

B) of the National Building Code , except Table

1.3.1.2., is repealed and replaced with the following:

1.3.1.2. Applicable Editions

1) Except as provided under Sentence (2), where documents are

referenced in this Code , they shall be the editions designated in Table

1.3.1.2. except those documents designated under the following Acts

and regulations of the Province of Nova Scotia in which case the

edition so referenced shall apply:

a) Technical Safety Act and Sections 4 (boiler and pressure

equipment standards) and 6 (fuel safety standards) of the

Technical Safety Standards Regulations ,

b) Elevators and Lifts Act and Elevators and Lifts General

Regulations , or as that Act and regulations are replaced by the

Technical Safety Act and Technical Safety Standards

Regulations , or

c) Electrical Installation and Inspection Act and Electrical Code

Regulations , or as that Act and regulations are replaced by the

Technical Safety Act and Technical Safety Standards

Regulations. (See Note NS-66, NSBCR)

2) Where amendments to documents adopted by this Code apply, these

amendments shall apply to the particular provisions of those

documents adopted by the above Acts and regulations unless

amended by the Nova Scotia Building Code Regulations .

Table 1.3.1.2. (Documents referenced in NBC) amended

67 Table 1.3.1.2. (Part 1 of Division

B) of the National Building Code is amended by

adding the following rows to the table under ULC as the issuing agency:

Issuing

Agency

Document Number

Title of Document

Code

Reference

ULC

CAN/ULC-S545-02

Standard for Residential Fire

Warning System Control Units

9.10.19.4.

(2) ULC

CAN/ULC-S319-05

Electronic Access Control Systems

3.4.6.16.(4)(

i) Amendments to

Part 2 (Farm Buildings) of Division B of National Building Code

Part 2 (Farm Buildings) repealed

Part 2 (Part 2 of Division

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

the following:

RESERVED.

of Division B of National Building Code

Article 3.1.5.25. (Combustible Solar Collector Systems) added

69 Subsection 3.1.5. (Part 3 of Division

B) of the National Building Code is amended by

adding the following immediately after

Article 3.1.5.24:

3.1.5.25. Combustible Solar Collector Systems

1) A combustible solar collector system is permitted to be installed

above the roof of a building required to be of noncombustible

construction .

Article 3.1.8.9. (Smoke Dampers Waived) amended

69A Sentence 3.1.8.9.(1) (Part 3 of Division

B) of the National Building Code is amended by

(

a) striking out “or” at the end of Clause (b);

(

b) striking out the period at the end of Clause (

c) and substituting “, or”; and

(

c) adding the following Clause immediately after Clause (c):

d) that penetrate a vertical fire separation not required to have a fire-resistance rating by Sentence 3.3.3.5.(8), provided that the fire

separation is located within a fire compartment required by Sentence

3.3.3.5.(2).

Article 3.1.8.13. (Self-closing Devices) amended

69B Sentence 3.1.8.13.(2) (Part 3 of Division

B) of the National Building Code is amended

(

a) striking out “or” at the end of Clause (c);

(

b) adding “, or” after the period at the end of Clause (d); and

(

c) adding the following Clause immediately after Clause (d):

e) a residents’ sleeping room and a corridor serving the residents’

sleeping room in a care occupancy that is licenced [licensed] as a

residential care facility under the Homes for Special Care Act ,

provided that the room and corridor are within a fire compartment

that complies with the requirements of

Article 3.3.3.5.

Article 3.2.2.93. (Alternate Compliance Methods for Existing Buildings) added

70 Subsection 3.2.2. (Part 3 of Division

B) of the National Building Code is amended by

adding the following immediately after

Article 3.2.2.92.:

3.2.2.93. Alternate Compliance Methods for Existing Buildings

The Alternate Compliance Methods for Existing Buildings contained in

Schedule D to the Nova Scotia Building Code Regulations are hereby

adopted and may be used in accordance with subsections 7(2), (3) and (4) of

those regulations.

Sentence 3.2.7.1.(1) (Minimum Lighting Requirements) replaced

71 Sentence 3.2.7.1.(1) (Part 3 of Division B) [of the] National Building Code is repealed

and replaced with the following:

1) An entrance required to be barrier-free by Sentence 3.8.2.2.(1), an exit , a public

corridor , or a corridor providing access to exit for the public or serving patients’

sleeping rooms or classrooms shall be equipped to provide illumination to an

average level not less than 50 lx at floor or tread level and at angles and

intersections at changes of level where there are stairs or ramps .

Sentences 3.2.7.9.(1) and (4) (Emergency Power for Building Services) replaced

(1) Sentence 3.2.7.9.(1) (Part 3 of Division B) [of the] National Building Code is

repealed and replaced with the following:

1) An emergency power supply capable of operating under full load for not

less than 2 h shall be provided by an emergency generator for

a) every elevator serving storeys above the first storey in a building that

is more than 36 m high measured between grade and the floor level

of the top storey and every elevator for firefighters in conformance

with Sentence (2),

b) except as provided in Sentences (4) and (5), equipment that supplies

water for fire suppression as required by Articles 3.2.5.7. and 3.2.5.8.

and Sentences 3.2.5.12.(1) and (2) and 3.2.5.18.(1), if the supply

depends solely on electrical power supplied to the building ,

c) fans and other electrical equipment that are installed to maintain the

air quality specified in Articles 3.2.6.2. and 3.3.3.6.,

d) fans required for venting by

Article 3.2.6.6., and

e) fans required by Clause 3.2.8.4.(1)(

c) and

Article 3.2.8.7. in buildings

within the scope of Subsection 3.2.6. (See Note A-3.2.7.9.(1), NBC)

(2) Sentence 3.2.7.9.(4) (Part 3 of Division B) [of the] National Building Code is

repealed and replaced with the following:

4) Except as required by Sentence (5), the emergency power supply required

by Clause (1)(

b) for the equipment that supplies water for fire suppression

need not be provided for sprinkler systems conforming to NFPA 13D,

Standard for the Installation of Sprinkler Systems in One- and Two-Family

Dwellings and Manufactured Homes .

Sentence 3.2.7.9.(5) (Emergency Power for Building Services) added

Article 3.2.7.9. (Part 3 of Division

B) of the National Building Code is amended by

adding the following immediately after Sentence 3.2.7.9.(4):

5) Water supply for fire suppression complying with Clause 3.2.5.12.(3)(

b) that

depends on electrical power to the building shall be provided with emergency

power capable of operating under a full load for not less than 30 minutes.

Sentence 3.4.6.16.(8) (Door Release Hardware) added

Article 3.4.6.16. (Part 3 of Division

B) of the National Building Code is amended by

adding the following immediately after Sentence 3.4.6.16.(7):

8) In a Group B, Division 2 or Division 3 occupancy , licensed by the Province of

Nova Scotia, the manual pull station referenced in Subclause (6)(b)(iv) shall be

predominately blue in colour. (See Note NS-74, NSBCR)

9) Devices installed under Sentence (8) shall conform to CAN/ULC-S319, Electronic

Access Control Systems .

Section 3.8. (Part 3 of Division

B) of the National Building Code is repealed and

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

Part 3) amended

76 Table 3.10.1.1. of the National Building Code is amended by adding the following

immediately after the functional statements and objectives for

Article 3.8.3.22.:

Functional Statements and Objectives

3.8.3.25. Sleeping Units in Roofed Accommodations

(1) [F74-OA2]

(2) [F74-OA2]

(3) [F74-OA2]

3.8.3.26. Suites of Residential Occupancies Required to be

Barrier-Free

(1) [F73-OA1][F74-OA2]

(2) [F73-OA1][F74-OA2]

(3) [F73-OA1][F74-OA2]

(4) [F73-OA1][F74-OA2]

3.8.4.2. Entrance Doors to Dwelling Units

(1) [F73-OA1]

(2) [F73-OA1]

(3) [F73-OA1]

3.8.4.3. Interior Doors and Corridors in Dwelling Units

(1) [F73-OA1]

(2) [F73-OA1]

(3) [F73-OA1]

3.8.4.4. Kitchens in Dwelling Units

(1) [F74-OA2]

(2) [F74-OA2]

(3) [F74-OA2]

3.8.4.5. Bathrooms in Dwelling Units

(1) [F74-OA2]

(2) [F74-OA2]

3.8.4.6. Duplex Receptacles, Switches and Controls

(1) [F74-OA2]

(2) [F74-OA2]

[The text in brackets in the right-hand column of Table 3.10.1.1. is part of the regulations and does not

indicate editorial corrections made by the Office of the Registrar of Regulations.]

Amendments to

Part 9 (Housing and Small Buildings)

of Division B of National Building Code

Sentence 9.1.1.1.(2) (Application) added

Article 9.1.1.1. (Part 9 of Division

B) of the National Building Code is amended by

adding the following immediately after Sentence 9.1.1.1.(1):

2) The Alternate Compliance Methods for Existing Buildings contained in

Schedule

D to the Nova Scotia Building Code Regulations are adopted and may be used in

accordance with subsections 7(2), (3), and (4) of those regulations.

Article 9.5.2.1. (Barrier Free Design—General) replaced

Article 9.5.2.1. (Part 9 of Division

B) of the National Building Code is repealed and

replaced with the following:

9.5.2.1. General

1) Except as provided in Articles 3.8.2.1. and 9.5.2.4., every building

shall be designed in conformance with

Section 3.8.

Article 9.5.2.3. (Exception for Apartment Buildings) repealed

Article 9.5.2.3. (Part 9 of Division

B) of the National Building Code is repealed and

replaced with the following:

RESERVED.

Article 9.5.2.4. (Exemption for Houses) added

80 Subsection 9.5.2. (Part 9 of Division

B) of the National Building Code is amended by

adding the following immediately after

Article 9.5.2.3.:

9.5.2.4. Exemption for Houses

1) Despite Clause 3.8.2.1.(1)(a), buildings within the scope of Sentence

3.8.4.1.(1), shall comply with Subsection 3.8.4.

Sentence 9.9.12.2.(1) (Required Lighting in Egress Facilities) replaced

81 Sentence 9.9.12.2.(1) (Part 9 of Division

B) of the National Building Code is repealed

and replaced with the following:

1) An entrance required to be barrier-free by Sentence 3.8.2.2.(1), every exit, public

corridor or corridor providing access to exit for the public shall be equipped to

provide illumination to an average level of not less than 50 lx at floor or tread level

and at all points such as angles and intersections at changes of level where there

are stairs or ramps .

Sentence 9.10.1.3.(1) (Items under

Part 3 Jurisdiction) amended

82 Sentence 9.10.1.3.(1) (Part 9 of Division

B) of the National Building Code is amended

by adding “self-service storage buildings ” immediately after “ walkways ”.

Sentence 9.10.2.2.(6) (Home-Type Care Occupancies) amended

Article 9.10.2.2. is amended by adding the following immediately after Sentence

9.10.2.2.(5):

6) Water supply for fire suppression for home-type care occupancies that depend on

electrical power to the building shall be provided with emergency power capable

of operating under a full load for not less than 30 minutes.

Article 9.10.19.4. (Power Supply) replaced

Article 9.10.19.4. (Part 9 of Division

B) of the National Building Code is repealed and

replaced with the following:

9.10.19.4. Power Supply

1) Except as provided in Sentences (2) to (5), smoke alarms described

in Sentence 9.10.19.1.(1) shall

a) be installed with permanent connections to an electrical circuit

(See Note A-3.2.4.20.(9)(a), NBC),

b) have no disconnect switch between the overcurrent device and

the smoke alarm , and

c) in case the regular power supply to the smoke alarm is

interrupted, be provided with a battery as an alternative power

source that can continue to provide power to the smoke alarm

for a period of no less than 7 days in the normal condition,

followed by 4 minutes of alarm.

2) Where the building is not supplied with electric power, smoke alarms

are permitted to be battery-operated.

3) Suites of residential occupancy are permitted to be equipped with

smoke detectors in lieu of smoke alarms , provided the smoke

detectors :

a) are capable of independently sounding audible signals with a

sound pressure level between 75 dBA and 110 dBA within the

individual suites (See Note A-3.2.4.18.(4), NBC),

b) except as permitted in Sentence (4), are installed in

conformance with CAN/ULC-S524, Installation of Fire Alarm

Systems , and

c) form part of the fire alarm system.

(See Note A-3.2.4.20.(10), NBC)

4) Smoke detectors permitted to be installed in lieu of smoke alarms as

stated in Sentence (3) are permitted to sound localized alarms within

individual suites , and need not sound an alarm throughout the rest of

the building .

5) In a single dwelling unit , smoke alarms may be installed:

a) as a component of a household fire warning system which

includes a certified control unit that meets the applicable

requirements of ULC-S545, Standard for Residential Fire

Warning System Control Units , and

b) in case the regular power supply to the control unit is

interrupted, be provided with a battery as an alternative power

source that can continue to provide power to the control unit

for a period of no less than 7 days in the normal condition,

followed by 4 minutes of alarm.

Article 9.31.4.1. (Required Fixtures) replaced

Article 9.31.4.1. (Part 9 of Division

B) of the National Building Code is repealed and

replaced with the following:

9.31.4.1. Required Fixtures

1) A kitchen sink, lavatory, either a bathtub or shower, and either a

water closet or a drainless composting toilet shall be provided for

every dwelling unit where a piped water supply is available.

Clause 9.32.3.3.(1)(b) (Principal Ventilation System) amended

86 Clause 9.32.3.3.(1)(b) (Part 9 of Division

B) of the National Building Code is amended

by striking out “except as permitted by

Article 9.32.3.6.,”.

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

Article 9.32.3.6. (Part 9 of Division

B) and Note A-9.32.3.6. in the Notes to

Part 9 of the

National Building Code are repealed and replaced with the following:

RESERVED.

Sentence 9.36.1.3.(1) (Compliance and Application) replaced

88 Sentence 9.36.1.3.(1) (Part 9 of Division

B) of the National Building Code is repealed

and replaced with the following:

1) Except as provided in Sentences (2) to (6), buildings shall comply with one of the

following:

a) RESERVED,

b) RESERVED,

c) the tiered performance requirements based on the climatic data for where

the building is located for at least Tier 2 in Subsection 9.36.7.,

d) the tiered prescriptive requirements for climatic Zone 6 for at least Tier 2 in

Subsection 9.36.8., or

e) the NECB.

(See Note NS-9.36.1.3.(1), NSBCR)

Sentence 9.36.1.3.(7) (Compliance and Application) added

Article 9.36.1.3. (Part 9 of Division

B) of the National Building Code is amended by

adding the following immediately after Sentence 9.36.1.3.(6):

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

a) farm buildings ,

b) buildings intended primarily for manufacturing or commercial or industrial

processing,

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

d) heritage buildings .

Table 9.36.8.2. (Energy Performance Tiers) amended

89A Table 9.36.8.2. (Part 9 of Division

B) of the National Building Code is amended in the

row beginning with “3” by striking out “Reserved” under the column titled “Minimum

Sum of Energy Conservation Points” and substituting “20”.

Table 9.36.8.8. (Energy Conservation Measures and Points for Airtightness) replaced

90 Table 9.36.8.8. (Part 9 of Division

B) of the National Building Code is repealed and

replaced with the following:

Table 9.36.8.8.

Energy Conservation Measures and Points for Airtightness

forming Part of Sentence 9.36.8.8.

(2) Energy Conservation

Measures for

Airtightness–

Airtightness Levels 1

Heating Degree-Days of Building Location, in Celsius Degree-Days

Zone 4

< 3000

Zone 5

3000 to

Zone 6

4000 to

Zone 7A

5000 to

Zone 7B

6000 to

Zone 8

≥ 7000

Energy Conservation Points

Airtightness Levels from Table 9.36.6.4.-A

AL-1A

AL-2A

2.2

3.0

3.5

4.6

4.1

4.6

AL-3A

4.0

6.0

6.9

9.1

8.2

9.3

AL-4A

6.0

9.1

10.4

13.6

12.3

14.2

AL-5A

7.7

11.6

13.3

17.4

15.6

18.2

Airtightness Levels from Table 9.36.6.4.-B

AL-1B

AL-2B

2.0

3.4

3.5

4.6

6.1

6.1

AL-3B

4.0

6.7

7.0

9.3

12.1

12.1

AL-4B

5.9

10.1

10.5

13.9

18.0

18.0

AL-5B

7.6

13.0

13.4

17.8

22.7

22.7

AL-6B

Note 1. All dwelling units and common spaces in a building , or the whole building , must

meet the airtightness level for which energy conservation points are being credited.

Sections 9.38. (Recreational Cabins) and 9.39. (Tiny Houses) added

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

immediately after Table 9.37.1.1.:

Section 9.38.Recreational Cabins

9.38.1. Scope

9.38.1.1. Application

1) For the purposes of this Section, a recreational cabin means a building

with a residential occupancy which meets all of the following:

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

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

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

d) it is not used as a permanent residence.

2) A building described in Sentence (1) shall comply with the requirements

in this Part and in

Part 3 of the regulations except where it is specifically

exempted in this Section.

9.38.2. General

9.38.2.1. Exclusions

1) Except as provided in Subsections 9.9.10. and 9.10.15. and Articles

9.38.2.4. (NSBCR) and 9.38.3.1. (NSBCR), a recreational cabin need

not comply with Sections 9.5. to 9.7.

2) Except as provided in Subsections 9.9.10. and 9.10.15. and Articles

9.38.2.4. (NSBCR) and 9.38.3.1. (NSBCR), a recreational cabin need

not comply with Sections 9.9. to 9.11.

3) Flooring in a recreational cabin need not comply with

Section 9.30. but

tight-fitting floors shall be provided to support the live and dead loads.

4) Except as provided in Sentence (5), thermal insulation, vapour barrier,

air barrier system , interior finishes, plumbing, heating, mechanical

ventilation, air-conditioning and electrical facilities need not be

provided in a recreational cabin , but where any of these are provided

they shall comply with the requirements of this Part. (See Note NS-9.38.2.1.(4), NSBCR)

5) Where heating and air-conditioning are provided in a recreational

cabin ,

Article 9.33.3.1. need not be complied with.

9.38.2.2. Foundations

1) Except as provided in Sentences (2) and (3), a foundation shall be

provided in a recreational cabin in accordance with the requirements of

this Part.

2) Where unit masonry columns are used, the height of such columns shall

not exceed the lesser of 1.2 m or,

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

the units,

b) in the case of solid masonry units, or hollow units with voids filled

with concrete, 10 times the least dimension of the column, or

c) where the column is reinforced with at least four 13 mm diameter

bars and filled with concrete, 18 times the least dimension of the

column. (See Note NS-9.38.2.2.(2), NSBCR)

3) Columns in excess of the height limitations of Clauses (2)(

a) to (

c) shall

be designed in accordance with

Part 4.

9.38.2.3. Waterproofing and Dampproofing

1) Where foundations below ground level and concrete floors on ground

are used in a recreational cabin, they shall comply with

Section 9.13.

9.38.2.4. Smoke Alarms

1) Smoke alarms shall be installed in accordance with Subsection 9.10.19.

9.38.3. Roofed Accommodation

9.38.3.1. Buildings used for Roofed Accommodation

1) If a recreational cabin is used or intended to be used as a roofed

accommodation or camping accommodation , it shall comply with

Sections 9.5. to 9.8. in addition to the requirements of this Section.

Section 9.39.Tiny Houses

9.39.1. Scope

9.39.1.1. Application

1) This

Section applies to a tiny house used as a single dwelling unit .

9.39.1.2. Construction Requirements

1) A tiny house shall comply with the requirements in this Part and in

Part

3 of the Nova Scotia Building Code Regulations except as provided in

this Section.

2) A tiny house is exempt from the adaptability requirements of Subsection

3.8.4. (NSBCR)

9.39.2.1. Ceiling Heights of Rooms or Spaces

1) The ceiling height of rooms or spaces in a tiny house shall conform to

Table 9.39.2.1.

Table 9.39.2.1.

Forming part of Sentence 9.39.2.1.

(1) Room or space

Minimum Ceiling Heights

Bathrooms, toilet rooms and kitchens

1930 mm

All other living space except lofts

2030 mm

Lofts

As per

Article 9.39.2.2.

9.39.2.2. Lofts

1) A loft with a ceiling height of less than 2030 mm and used as a sleeping

or living space shall meet the minimum area and dimension

requirements of this Article.

2) A loft shall have a floor area of not less than 3.25 m 2 .

3) A loft shall be not less than 1525 mm in any horizontal dimension.

4) Except as provided in Sentence (5), portions of a loft with a sloping

ceiling measuring less than 915 mm from the finished floor to the

finished ceiling shall not be considered as contributing to the minimum

required area for the loft .

5) Under finished sloped ceilings with a minimum slope of 6:12, portions

of a loft with a sloping ceiling measuring less than 405 mm from the

finished floor to the finished ceiling shall not be considered as

contributing to the minimum required area of the loft .

6) The access to and primary egress from a loft shall be

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

9.39.2.6.,

b) securely attached to the loft, and

c) the required handrails shall extend to the height of the loft guard .

7) A loft that meets the requirements of this

Article and does not exceed

2/3 of the building area of the tiny house is not considered a storey .

8) Where a loft is used as a sleeping room, smoke alarms required by

Subsection 9.10.19. are not required in the loft provided a smoke alarm

is located within 1.5 m from the edge of the open side of the loft. (See

Note NS-9.39.2.2.(8), NSBCR)

9.39.2.3. Stairways

1) A stairway accessing a loft shall comply with

Section 9.8., or

b) this Article.

2) A stairway accessing a loft shall not be less than 430 mm in clear width

at all points at or above the permitted handrail height.

3) The minimum width below the handrail shall not be less than 505 mm.

4) Except as provided in Sentence (5), the headroom in a stairway

accessing a loft shall not be less than 1880 m when measured in

accordance with Sentence 9.8.2.2.(1).

5) The headroom for a landing platform shall be not less than 1370 mm.

6) A riser for a stair in a stairway accessing a loft shall be uniform and a

minimum of 180 mm and a maximum of 305 mm calculated using the

following formulas:

Run = 510 mm minus 4/3 riser height

Riser height = 380 mm minus 3/4 run

(See Note NS-9.39.2.3.(6), NSBCR)

7) A landing platform on a stairway accessing a loft shall measure 2 treads

deep and 2 risers tall.

8) A handrail shall comply with Subsection 9.8.7.

9) A guard at open sides of stairs shall comply with Subsection 9.8.8.

9.39.2.4. Ladders for Lofts

1) A ladder accessing a loft shall have 305 mm minimum rung width and

255 mm to 355 mm spacing between rungs.

2) The rung spacing shall be uniform within 9.5 mm.

3) A ladder accessing a loft shall be capable of supporting 1000 N load on

any rung.

4) A ladder accessing a loft shall be installed at 70 to 80 degrees from

horizontal.

9.39.2.5. Alternating Tread Devices

(See Note A-9.39.2.5., NBC)

1) An alternating tread device accessing a loft shall comply with this

Article.

2) The clear width at and below the handrails shall not be less than

510 mm.

3) An alternating tread device shall have

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

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

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

d) a uniform riser height of not more than 240 mm.

4) The tread depth shall be measured horizontally between the vertical

planes of the foremost projections of adjacent treads.

5) The riser height and tread depth provided shall result in an angle of

ascent from the horizontal of between 50 and 70 degrees.

6) The initial tread of the alternating tread device shall begin at the same

elevation as the platform, landing or floor surface.

7) A handrail shall be provided on both sides of an alternating tread

device and shall comply with Articles 9.8.7.2. (Continuity of Handrails)

and 9.8.7.5. (Ergonomic Design).

8) The height of a handrail shall be not less than 765 mm and not more

than 865 mm high measured in accordance with Sentence 9.8.7.4.(1).

9.39.2.6. Ships Ladders

1) A ships ladder accessing a loft shall comply with this Article.

2) A handrail shall be provided on both sides of a ships ladder and shall

comply with Articles 9.8.7.2. (Continuity of Handrails), and 9.8.7.5.

(Ergonomic Design).

3) The height of the handrail shall be not less than 765 mm and not more

than 865 mm high measured in accordance with Sentence 9.8.7.4.(1).

4) The clear width at and below the handrail of a ships ladder shall not be

less than 510 mm.

5) The tread on a ships ladder shall have a depth of not less than 125 mm.

6) The tread shall be projected such that the total of the tread depth plus

the nosing projection is not less than 215 mm.

7) The riser height shall be uniform and not more than 240 mm.

9.39.2.7. Loft Guards

1) A loft guard shall be located along the open side of a loft which is

located more than 600 mm above the floor.

2) A loft guard shall be the lesser of

a) 915 mm in height, or

b) one half the clear height to the ceiling.

3) A loft guard is permitted a maximum opening of 610 mm to allow for

access to the loft .

9.39.3.1. Egress Openings

1) An egress roof access window in a tiny house shall meet the

requirements for an egress opening from a bedroom contained in

Article

9.9.10.1.

2) An egress roof access window in a loft which is used as a sleeping room

shall be installed with the bottom of the window opening not more than

1120 mm above the loft floor.

Table 9.37.1.1. (Objectives and Functional Statements Attributed to Acceptable Solutions

Part 9) amended

(1) Table 9.37.1.1. of the National Building Code is amended by repealing and

replacing the functional statements and objectives for

Article 9.10.19.4. with the

following:

Functional Statements and Objectives

9.10.19.4. Power Supply

(1) [F11, F81-OS1.5]

(2) [F11, F81-OS1.5]

[The text in brackets in the right-hand column of Table 9.37.1.1. is part of the regulations and does not

indicate editorial corrections made by the Office of the Registrar of Regulations.]

(2) Table 9.37.1.1. of the National Building Code is further amended by repealing the

functional statements and objectives for

Article 9.32.3.6.

(3) Table 9.37.1.1. of the National Building Code is further amended by adding the

following immediately after the functional statements and objectives for

Article

9.36.5.16.:

Functional Statements and Objectives

9.38. Recreational Cabins

9.38.2.1. Exclusions

(2) [F40-OH2.5]

[F20-OP2.1]

[F20-OS2.1]

[F30-OS3.1]

9.38.2.2. Foundations

(2) [F20-OP2.1]

[F20-OS2.1]

[The text in brackets in the right-hand column of Table 9.37.1.1. is part of the regulations and does not

indicate editorial corrections made by the Office of the Registrar of Regulations.]

(4) Table 9.37.1.1. of the National Building Code is further amended by adding the following

immediately after the functional statements and objectives for

Article 9.38.2.2.:

Functional Statements and Objectives

9.39. Tiny Houses

9.39.2.1. Ceiling heights of Rooms and Spaces

(1) [F30-OS3.1]

[F10-OS3.7]

9.39.2.2. Lofts

(2) [F10-OS3.7]

(3) [F10-OS3.7]

9.39.2.3. Stairways

(2) [F30-OS3.1]

(3) [F30-OS3.1]

(4) [F30-OS3.1]

[F10-OS3.7]

(5) [F30-OS3.1]

[F10-OS3.7]

(6) [F30-OS3.1]

(7) [F30-OS3.1]

9.39.2.4. Ladders for Lofts

(1) [F30-OS3.1]

(2) [F30-OS3.1]

(3) [F20-OS2.1]

(4) [F30-OS3.1]

9.39.2.5. Alternating Tread Devices

(2) [F30-OS3.1]

(3) [F30-OS3.1]

(5) [F30-OS3.1]

(7) [F30-OS3.1]

(8) [F30-OS3.1]

9.39.2.6. Ships Ladders

(1) [F30-OS3.1]

(2) [F30-OS3.1]

(3) [F30-OS3.1]

(4) [F30-OS3.1]

(5) [F30-OS3.1]

(6) [F30-OS3.1]

(7) [F30-OS3.1]

9.39.2.7. Loft Guards

(1) [F30-OS3.1]

[F10-OS3.7]

(2) [F30-OS3.1]

[F30-OS3.7]

(3) [F30-OS3.1]

[F30-OS3.7]

9.39.3.1. Egress Openings

(2) [F10-OS3.7]

[The text in brackets in the right-hand column of Table 9.37.1.1. is part of the regulations and does not

indicate editorial corrections made by the Office of the Registrar of Regulations.]

Amendments to

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

Article 2.4.9.1. (No Reduction in Size) replaced

Article 2.4.9.1. (Part 2 of Division

B) of the National Plumbing Code is repealed and

replaced with the following:

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 another 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) if the drainage pipe does not convey

sewage

a) from a sanitary unit, or

b) that contains solids.

Sentence 2.6.1.6.(4) (Flushing Devices) replaced

94 Sentence 2.6.1.6.(4) (Part 2 of Division

B) of the National Plumbing Code is repealed

and replaced with the following:

4) Sentence (3) does not apply to a fixture located in a heritage building , or a care,

treatment or detention occupancy or passenger station.

Amendments to

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

Sentence 1.1.2.1.(1) (Prescriptive, Trade-off or Performance Compliance) replaced

95 Sentence 1.1.2.1.(1) (Part 1 of Division

B) of the National Energy Code , is repealed and

replaced with the following:

1) Buildings shall comply with one of the following:

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

3 to 7,

b) the performance requirements stated in

Part 8,

c) the tiered performance requirements for at least Tier 1 as stated in

Part 10.

Schedule A: Forms for Field Review of Construction

Form 1: Letter of Undertaking—Confirmation of Commitment by Owner to Municipal

Building Official as Authority Having Jurisdiction

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Architects, interior designers and professional engineers are required by their respective statutes,

regulations and bylaws to ensure the general public of competent standards and ethical conduct

in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings

in conformance with the minimum standards of the Code, with sufficient drawings and

documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

This letter of undertaking must be submitted with a completed application for a building permit.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

legal description of project

I, the owner, submit this letter of undertaking to the building official as the authority having

jurisdiction along with a completed application for a building permit.

I have appointed an architect(s), professional engineer(s), interior designer(s), or designer(s), or

prime consultant(

s) to undertake the field reviews of construction, as required by Sections 30 to

33 of the regulations for the following disciplines, which I have initialled:

(Initial the disciplines that apply to this project. All disciplines will not necessarily be employed

on every project.)

___ Building Design

___ Interior Design

___ Structural

___ Plumbing

___ Mechanical

___ Electrical

___ Geotechnical

___ Fire Suppression System

___ Resource Conservation–Energy

(check all appropriate boxes)

I have attached the following to this letter of undertaking:

□ field review of construction commitment certificates completed by me or the prime

consultant appointed by me to coordinate the field review of construction.

□ field review of construction commitment certificates (identified above) completed by

responsible individuals appointed by me to perform the field review of construction for

the applicable discipline(s).

I will forward

□ field review of construction commitment certificates for responsible individuals not yet

appointed.

I will notify the building official as the authority having jurisdiction if the architect, interior

designer or professional engineer named in the attached field review of construction

commitment certificates ceases, for whatever reason, to provide the field review of construction

for this project and will appoint another architect, interior designer or professional engineer

immediately so that the field review of construction will continue uninterrupted.

If the contract for a field review of construction is terminated at any time during construction,

this notice and the necessary field review of construction commitment certificates will be

forwarded to the building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the change in the individual responsible occurs.

signature of owner

date

print name

address

postal code

phone

fax

e-mail

________________________________________________________________

Form 2: Commitment Certificate—Prime Consultant

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Architects, interior designers and professional engineers are required by their respective statutes,

regulations and bylaws to ensure the general public of competent standards and ethical conduct

in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings

in conformance with the minimum standards of the Code, with sufficient drawings and

documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

legal description of project

This is to advise that I am the architect, interior designer, professional engineer or designer

appointed by the owner as prime consultant to coordinate the field review of construction for

this project.

I hereby certify, as prime consultant for this project, that I will coordinate the field review of

construction for the following disciplines, which I have initialled:

(Initial the disciplines that apply to this project. All disciplines will not necessarily be employed

on every project.)

___ Building Design

___ Interior Design

___ Structural

___ Plumbing

___ Mechanical

___ Electrical

___ Geotechnical

___ Fire Suppression System

___ Resource Conservation–Energy

I attach for your review the field review of construction commitment certificates for each above

initialled discipline completed by an appropriate professional for the discipline, or will forward

the field review of construction commitment certificate for those not yet appointed.

I, and professionals who have completed the various field review of construction commitment

certificates, will perform the field review of construction.

I also certify that

1) I will coordinate the review of shop drawings;

2) I will coordinate the review of changes to the design documents; and

3) I will complete, or have completed by the appropriate professional, the certification

of field review of construction and return it to the building official as the authority

having jurisdiction before the occupancy permit is issued.

Please be advised that I may delegate some or all of my duties associated with the coordination

of the field review of construction to another person employed by me or my firm where it is

consistent with prudent professional practice to do so. All delegated functions will be performed

under my supervision in accordance with the Architects Act , the Interior Designers Act and the

Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

If a design professional: Affix below the seal of the

licensed architect, interior designer or professional

engineer in accordance with provincial legislation.

If not a design professional, this document must be

signed by the person appointed as the prime

consultant.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 3: Commitment Certificate—Building Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Architects, interior designers and professional engineers are required by their respective statutes,

regulations and bylaws to ensure the general public of competent standards and ethical conduct

in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings

in conformance with the minimum standards of the Code, with sufficient drawings and

documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

legal description of project

This is to advise that I am the interior designer, architect, or professional engineer appointed by

the owner or prime consultant to perform the field review of construction for the building

design aspects of this project, which are within Parts 3 and 5 of the National Building Code and

Part 3 of the National Energy Code , and as shown in design documents submitted to a building

official as the authority having jurisdiction, but do not include areas of work referred to in the

certificates in Forms 4 to 11 of the regulations, inclusive.

I hereby certify, for the building design requirements, that

1) I will review the shop drawings relevant to this certificate to determine general

compliance with the design documents, however, the party producing the shop

drawings remains responsible for the design expressed in the documents;

2) I will coordinate the review of changes to the design documents relevant to this

certificate to ensure that the changes conform to the Code; and

3) I will complete the certification of field review of construction and return it to a

building official as the authority having jurisdiction before the occupancy permit is

issued.

Please be advised that I may delegate some or all of my duties associated with the coordination

of the field review of construction to another person employed by me or my firm where it is

consistent with prudent professional practice to do so. All delegated functions will be performed

under my supervision in accordance with the Architects Act , the Interior Designers Act and the

Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

Affix below the seal of the licensed architect,

interior designer or professional engineer in

accordance with provincial legislation.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 4: Commitment Certificate—Structural Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Architects, interior designers and professional engineers are required by their respective statutes,

regulations and bylaws to ensure the general public of competent standards and ethical conduct

in the design of buildings. Under

Part 2 of the regulations, professionals must design buildings

in conformance with the minimum standards of the Code, with sufficient drawings and

documents to show how these standards have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

legal description of project

This is to advise that I am the professional engineer appointed by the owner or prime consultant

to perform the field review of construction for the structural design requirements for this

project.

I hereby certify, for the structural design requirements, that

1) I will review the structural shop drawings to determine general compliance with

the design documents, however, the party producing the shop drawings remains

responsible for the design expressed in the documents;

2) I will coordinate the review of changes to the structural design drawings to

determine that the changes conform to the Code; and

3) I will complete the certification of field review of construction and return it to a

building official as the authority having jurisdiction before the occupancy permit is

issued.

Please be advised that I may delegate some or all of my duties associated with the field review

of construction to another person employed by me or my firm where it is consistent with

prudent professional practice to do so. All delegated functions will be performed under my

supervision in accordance with the Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

Affix below the seal of the licensed professional

engineer in accordance with provincial legislation.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 5: Commitment Certificate—Mechanical Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Professional engineers are required by their statute, regulations and bylaws to ensure the general

public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of

the regulations, professionals must design buildings in conformance with the minimum

standards of the Code, with sufficient drawings and documents to show how these standards

have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

legal description of project

This is to advise that I am the professional engineer appointed by the owner or prime consultant

to perform the field review of construction for the mechanical design aspects of this project,

which are within

Part 6 of the National Building Code and Parts 5 and 6 of the National Energy

Code .

I hereby certify, for the mechanical design requirements, that

1) I will review the mechanical shop drawings to determine general compliance with

the design documents, however, the party producing the shop drawings remains

responsible for the design expressed in the documents;

2) I will coordinate the review of changes to the mechanical design documents to

ensure that the applicable professional engineer(

s) determines whether the changes

conform to the Code; and

3) I will complete the certification of field review of construction and return it to a

building official as the authority having jurisdiction before the occupancy permit is

issued.

Please be advised that I may delegate some or all of my duties associated with the field review

of construction to another person employed by me or my firm where it is consistent with

prudent professional practice to do so. All delegated functions will be performed under my

supervision in accordance with the Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

Affix below the seal of the licensed professional

engineer in accordance with provincial legislation.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 6: Commitment Certificate—Electrical Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Professional engineers are required by their statute, regulations and bylaws to ensure the general

public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of

the regulations, professionals must design buildings in conformance with the minimum

standards of the Code, with sufficient drawings and documents to show how these standards

have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

legal description of project

This is to advise that I am the professional engineer appointed by the owner or prime consultant

to perform the field review of construction for the electrical design aspects of this project, which

are within

Part 1 of the Canadian Electrical Code and Parts 4 and 7 of the National Energy

Code .

I hereby certify, for the electrical design requirements, that

1) I will review the electrical shop drawings to determine general compliance with the

design documents, however, the party producing the shop drawings remains

responsible for the design expressed in the documents;

2) I will coordinate the review of changes to the electrical design documents to ensure

that the applicable professional engineer(

s) determines whether the changes

conform to the Code; and

3) I will complete the certification of field review of construction and return it to a

building official as the authority having jurisdiction before the occupancy permit is

issued.

Please be advised that I may delegate some or all of my duties associated with the field review

of construction to another person employed by me or my firm where it is consistent with

prudent professional practice to do so. All delegated functions will be performed under my

supervision in accordance with the Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

Affix below the seal of the licensed professional

engineer in accordance with provincial legislation.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 7: Commitment Certificate—Fire Suppression Systems Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Professional engineers are required by their statute, regulations and bylaws to ensure the general

public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of

the regulations, professionals must design buildings in conformance with the minimum

standards of the Code, with sufficient drawings and documents to show how these standards

have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

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 drawings to determine general

compliance with the design documents, however, the party producing the shop

drawings remains responsible for the design expressed in the documents;

2) I will coordinate the review of changes to the 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 a

building official as the authority having jurisdiction before the occupancy permit is

issued; and

4) I will file a copy of this certificate, 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

Section 26 of the regulations, with

a building official as the authority having jurisdiction before the occupancy permit

is issued.

Please be advised that I may delegate some or all of my duties associated with the field review

of construction to another person employed by me or my firm where it is consistent with

prudent professional practice to do so. All delegated functions will be performed under my

supervision in accordance with the Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

Affix below the seal of the licensed professional

engineer in accordance with provincial legislation.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 8: Commitment Certificate—Geotechnical Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Professional engineers are required by their statute, regulations and bylaws to ensure the general

public of competent standards and ethical conduct in the design of buildings. Under

Part 2 of

the regulations, professionals must design buildings in conformance with the minimum

standards of the Code, with sufficient drawings and documents to show how these standards

have been met.

Part 2 of the regulations also requires buildings to be reviewed at intervals appropriate to the

stage of construction to determine general compliance with the design drawings (and all

revisions) accepted by a building official as the authority having jurisdiction. Completed

commitment certificates for these field reviews of construction must be submitted to a building

official as the authority having jurisdiction. If a building official has not been assigned by the

applicable municipality, this document must be submitted directly to the municipality until a

building official is assigned.

- - - - - - - - - - - - - - - - - - - -

To:

authority having jurisdiction (building official)

date

address

Dear

authority having jurisdiction (building official)

Re:

address of project

name of project

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 for this project.

I hereby certify, for the geotechnical (permanent) design requirements, that

1) I will review the geotechnical shop drawings to determine general compliance with

the design documents, however, the party producing the shop drawings remains

responsible for the design expressed in the documents;

2) I will coordinate the review of changes to the geotechnical design documents to

ensure that the applicable professional engineer(

s) determines whether the changes

conform to the Code; and

3) I will complete the certification of field review of construction and return it to a

building official as the authority having jurisdiction before the occupancy permit is

issued.

Please be advised that I may delegate some or all of my duties associated with the field review

of construction to another person employed by me or my firm where it is consistent with

prudent professional practice to do so. All delegated functions will be performed under my

supervision in accordance with the Engineering Profession Act .

If the contract for a field review of construction is terminated at any time during construction, I

will notify a building official as the authority having jurisdiction as soon as practical, but no

later than 72 hours after the event.

Affix below the seal of the licensed professional

engineer in accordance with provincial legislation.

print name

signature

initials

print name of firm or company

print address

municipality

postal code

telephone

fax

e-mail

________________________________________________________________

Form 9: Commitment Certificate—Plumbing Design Requirements

(Field Review of Construction)

Preamble

The Nova Scotia Building Code (the “Code”) is made up of portions of the Nova Scotia

Building Code Regulations (the “regulations”) made under the Building Code Act , together with

the National Building Code , the National Plumbing Code and the National Energy Code , as

amended and adopted by the regulations. Construction and demolition of buildings must be

done in accordance with the Act, the regulations and the Code.

Professional engineers are required by their statute, regulations and bylaws to ensure the general

public of competent standards and ethical conduct in the d

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 198/2024
Typeregulation
Volume / chapterjust regulations regs bcregs.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier68e7fe02d892d5c50148fbde1c1173e642fa3705

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