© NS Registry of Regulations. Web version. 747

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 25 December 26, 2003 Contents Act Reg. No.

Page Building Code Act N o v a S c o t i a B u i l d i n g C o d e R e g u l a t i o n s ....................................... 209/2003 756 Children and Family Services Act C h i l d r e n a n d F a m i l y S e r v i c e s R e g u l a t i o n s – a m e n d m e n t ..........................208/2003 754 Proclamation, s. 109(2), S.N.S. 1990, c. 5 - s. 54-60 .............................. 207/2003 752 Dairy Industry Act M i l k P r o d u c e r L i c e n s i n g R e g u l a t i o n s ......................................... 204/2003 748 Environment Act B e n n e r y L a k e W a t e r s h e d P r o t e c t e d W a t e r A r e a D e s i g n a t i o n.......................210/2003 801 B e n n e r y L a k e W a t e r s h e d P r o t e c t e d W a t e r A r e a R e g u l a t i o n s .......................211/2003 803 Hospitals Act H o s p i t a l s A c t D e s i g n a t i o n s ................................................. 212/2003 807 Hospitals Act Designations - District Health Authorities .......................... 213/2003 808 Natural Products Act N o v a S c o t i a E g g P r o d u c e r s ’ E g g L e v y O r d e r N o . 3 2 .............................214/2003 808 Smoke-free Places Act Smoke-free Places Regulations – amendment ................................... 206/2003 751

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ............................205/2003 750 AVAILABLE SOON The first issue of the 2004 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, will soon be available from the Office of the Registrar of Regulations. For information or subscription please call (902)424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>.

N.S. Reg. 204/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 748 © NS Registry of Regulations. Web version. N.S. Reg. 204/2003 Made: September 9, 2003 Filed: December 4, 2003 Milk Producer Licensing Regulations Order dated September 9, 2003 Regulations made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clauses 9(f)-(i), subsection 13(1),

Section 14 and clause 15(1)(

a) of the Dairy Industry Act DAIRY FARMERS OF NOVA SCOTIA The Dairy Farmers of Nova Scotia, pursuant to clauses 9(f),(g),(

h) and (i), subsection 13(1),

Section 14 and clause 15(1)(

a) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at a meeting held March 25, 2003, approved regulations respecting the licensing of milk producers in the form attached to this certificate as

Schedule “A”, effective on and after July 3, 2003. This regulation is made in substitution for Sections 1, 2, 3, 4, 5, 52, 53, 54, 61, 63 and 64 of

Schedule 2 of regulations made pursuant to the Dairy Commission Act. DATED AND SIGNED at Truro, Nova Scotia, Aug. 22, 2003. Sgd: Brian Cameron Brian Cameron General Manager Dairy Farmers of Nova Scotia ------------------------------------------------------------------------------------------------------ APPROVED BY the Natural Products Marketing Council at Truro, Nova Scotia, September 9, 2003. Sgd: G. D. Burris George D. Burris General Manager Natural Products Marketing Council

Schedule “A” Regulations Respecting the Licensing of Milk Producers made by the Dairy Farmers of Nova Scotia pursuant to clauses 9(f),(g),(

h) and (i), subsection 13(1),

Section 14 and clause 15(1)(

a) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Citation 1 These regulations may be cited as the Milk Producer Licensing Regulations. Application 2 These regulations apply only to producers of cow’s milk. Definition 3 In these regulations (a) “cow” means the mature female of domestic cattle, genus Bos; (b) “milk quality standards” means the standards re ferred to in Sections 56, 60 and 62 of

Schedule 2- Milk Production Regulations. Licensing requirement 4( 1 ) The Board is the licensing authority referred to in

Section 7 of the Act for the issuance of a producer licence.

N.S. Reg. 204/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 749

(2) For a producer to obtain a producer licence, the operations of the producer’s dairy farm must meet the requirements of Sections 6 to 51, Sections 55 to 60 and

Section 62 of

Schedule 2- Milk Production Regulations and must be, in the opinion of the Board, located in reasonable proximity to an existing milk pick-up route.

(3) A producer must apply for a licence on an application form provided by the Board, which must include the following information: (

a) application date; (

b) dairy farm name and producer name; (

c) mail and civic addresses for each of the producer's dairy farm locations ; (

d) phone and fax numbers and e-mail address; and (

e) processor and transporter recommendations .

(4) Each of a producer’s dairy farm locations must be identified in the producer’s licence.

Milk quality penalties 5 Every producer is subject to milk quality standards. 6( 1 ) If test results show that a producer’s milk has failed to meet the milk quality standards, more frequently than twice in any 5 consecutive pay periods, the Board must promptly notify the producer of the test results and the producer’s milk value will be reduced from the current pay period values by the applicable rate as set out in the following table: No. of days milk production delivered in payment period 1 st penalty in 18 pay periods ($/hl) 2nd penalty in 18 pay periods ($/hl) 3rd penalty in 18 pay periods ($/hl) 27 $1.80 $2.70 $3.60 28 1.74 2.60 3.48 29 1.68 2.52 3.36 30 1.62 2.43 3.24 31 1.57 2.35 3.14 32 1.52 2.28 3.04

(2) Milk that is subject to a penalty prescribed in subsection (1) and that meets milk quality standards must be received and utilized by the purchaser or the consignee of the milk. 7 If test results show that a producer’s milk has a freezing point indicating added water twice within any 5 consecutive pay periods, the Board must promptly notify the producer of the test results and the producer’s milk value will be reduced from the current pay period values by the applicable rate as set out in the following table: No. of days milk production delivered in payment period Penalty rate ($/hl) 27 $3.60 28 3.47 29 3.35 30 3.26 31 3.15 32 3.04 8( 1 ) If test results show that a producer’s milk contains unnatural inhibitors,

N.S. Reg. 204/2003 - 205/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 750 © NS Registry of Regulations. Web version. (

a) the producer will be assessed the value of the rejected tanker of milk; and (

b) the producer's next subsequent milkings must be tested.

(2) If the results of the test under clause (1)(

b) are positive, the producer’s milk must not be offered for sale until the Board determines that the milk is free of unnatural inhibitors. 9 If a producer with 2 or more dairy farms fails to meet milk quality standards at any of the farms, a penalty under Sections 6 to 8 applies only to the milk from the farm where milk quality standards are not met. Suspension or cancellation of licence 10

(1) If a producer’s milk has been subject to a penalty pursuant to subsection 6(1) on 3 separate occasions during any consecutive 18-month period, the purchaser or consignee of the milk is not obligated to receive it, and the Board may suspend or cancel the producer’s licence in whole or in part.

(2) The Board may suspend or cancel a producer’s licence in whole or in part for failure to comply with any production-related provision of an applicable Act or regulation, or for failure to comply with an order made or policy established by the Council or the Board. N.S. Reg. 205/2003 Made: December 4, 2003 Filed: December 5, 2003

Summary Offence Tickets Regulations Order in Council 2003-508 dated December 4, 2003 Amendment to regulations made by the Minister of Justice and the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated November 7, 2003, and pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, is pleased to amend the

Summary Offence Tickets Regulations made by the Governor in Council by Order in Council 2001–21 dated January 18, 2001, to reflect amendments to the Motor Vehicle Act respecting increased penalties for driving a motor vehicle without insurance, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 4, 2003. Order I, Michael G. Baker, Q.C., Minister of Justice and Attorney General of Nova Scotia, do hereby order and direct pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, that the penalty to be enforced on a summons in respect of any offence set out in the amendments to the Schedules to the

Summary Offence Ticket Regulations as set forth in

Schedule “A”, shall be the amount of the out of court settlement set out opposite the description of that offence, and the out of court settlement amount shall include the charge provided for in, and in accordance with

Section 8 of the Act. This Order shall be effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Ticket Regulations set out in

Schedule “A”. DATED AND MADE November 7, 2003 at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd: Michael G. Baker Honourable Michael G. Baker, Q.C. Minister of Justice and Attorney General

N.S. Reg. 205/2003 - 206/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 751

Schedule “A” Amendments to the

Summary Offence Tickets Regulations made by the Governor in Council pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act Item 368 of

Schedule 4 of the

Summary Offence Tickets Regulations made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended by striking out “$962.50”, “$1825.00” and “$3550.00”, and substituting “$1250.00”, “$2400.00” and “$5850.00”, respectively. N.S. Reg. 206/2003 Made: December 4, 2003 Filed: December 5, 2003 Smoke-free Places Regulations Order in Council 2003-510 dated December 4, 2003 Amendment to regulations made by the Governor in Council pursuant to

Section 15 of the Smoke-Free Places Act The Governor in Council on the report and recommendation of the Minister of the Office of Health Promotion dated October 31, 2003, and pursuant to

Section 15 of

Chapter 12 of the Acts of 2002, the Smoke-free Places Act, is pleased to amend the Smoke-free Places Regulations made by the Governor in Council by Order in Council 2002-536 dated November 28, 2002, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 1, 2003.

Schedule “A” Amendments to the Smoke-free Places Regulations made by the Governor in Council pursuant to

Section 15 of

Chapter 12 of the Acts of 2002, the Smoke-free Places Act 1

Section 2 of the Smoke-free Places Regulations made by the Governor in Council by Order in Council 2002-536 dated November 28, 2002, is amended by (

a) adding the following clause immediately after clause (1)(b): (ba) “ashtray” means any receptacle for tobacco ashes or cigar or cigarette butts, whether originally designed for that purpose or not; (

b) adding “located and” immediately before “ventilated” in clause (1)(d); (

c) repealing clause (2)(

b) and substituting the following clause: (b) “lounge” means an establishment operating under a current lounge licence issued in respect of it pursuant to the Liquor Control Act and includes an enclosed place at a community college or university where alcoholic beverages are served in accordance with a licence issued pursuant to the Liquor Control Act; (

d) adding the following subsections immediately after subsection (4):

(5) For the purposes of clause 6(1)(

d) of the Act, “private club” means an enclosed place or that part of an enclosed place out of which a society incorporated under the Societies Act operates for a social purpose according to the society’s memorandum of association, if (

a) the society has a fixed membership list;

N.S. Reg. 206/2003 - 207/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 752 © NS Registry of Regulations. Web version. (

b) each member of the society pays mandato ry annual or periodic membership dues; and (

c) a non-member of the society cannot en ter the enclosed place for the purpose of consuming food or beverages unless accompanied by a member.

(6) For the purposes of clause 6(1)(

e) of the Act, “other place licensed to serve alcoholic beverages” does not include an enclosed place at a community college or university where alcoholic beverages are served in accordance with a licence issued pursuant to the Liquor Control Act. 2 The regulations are further amended by adding th e following heading and

Section immediately after

Section 2: Location requirement for a designated smoking room 2A

(1) A designated smoking room must be located so that a person is not required to enter into it to access an area where smoking is prohibited by the Act.

(2) This

Section does not apply to a designated smoking room constructed prior to December 1, 2003. 3 The regulations are further amended by striking out “variance” in the heading before

Section 8 and substituting “variances” and adding the following Sections immediately after

Section 8: 9( 1 ) The establishment known as “Dutchie’s Restaurant and Lounge Limited” is granted a minor variance from clause 6(8)(

a) of the Act pursuant to clause 15(1)(

n) and subsection 15(3) of the Act.

(2) For the purposes of subsection (1), in clause 6(8)(

a) of the Act, “twenty-nine” is substituted for the word “twenty-five”. 10

(1) The establishment known as “2215139 Nova Scotia Limited” and operating as “Stratos Restaurant Limited” is granted a minor variance from clause 6(8)(

a) of the Act pursuant to clause 15(1)(

n) and subsection 15(3) of the Act.

(2) For the purposes of subsection (1), in clause 6(8)(

a) of the Act, “twenty-seven and one-half” is substituted for the word “twenty-five”. 11

(1) The Purdy Building, a “facility” pursuant to the Hospitals Act at the Nova Scotia Hospital, is granted a minor variance from subsection 6(1) of the Act pursuant to clause 15(1)(

n) and subsection 15(3) of the Act.

(2) For the purposes of subsection (1), in subsection 6(1) of the Act the phrase “separately ventilated” does not apply until April 1, 2005. N.S. Reg. 207/2003 Made: December 4, 2003 Filed: December 5, 2003 Proclamation, s. 109(2), S.N.S. 1990, c. 5 - s. 54-60 Order in Council 2003-512 dated December 4, 2003 Proclamation made by the Governor in Council pursuant to subsection 109(2) of the Children and Family Services Act The Governor in Council on the report and recommendation of the Minister of Community Services dated November 14, 2003, and pursuant to subsection 109(2) of

Chapter 5 of the Acts of 1990, the Children and

N.S. Reg. 207/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 753 Family Services Act, and subsection 3(7) of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 54 to 60, inclusive, of

Chapter 5 of the Acts of 1990, the Children and Family Services Act, come into force on and not before December 8, 2003. PROVINCE OF NOVA SCOTIA Sgd: Elizabeth A. Roscoe G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS in and by

Section 109 of

Chapter 5 of the Acts of 1990, the Children and Family Services Act, it is enacted as follows: 109

(2) Sections 54 to 60 and

Section 73 come into force on and not before such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 54 to 60, inclusive, of

Chapter 5 of the Acts of 1990, the Children and Family Services Act, come into force on and not before December 8, 2003; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that Sections 54 to 60, inclusive, of

Chapter 5 of the Acts of 1990, the Children and Family Services Act, come into force on and not before December 8, 2003, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Elizabeth A. Roscoe, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 4 th day of December, in the year of Our Lord two thousand and three and in the fifty-second year of Our Reign. BY COMMAND: Sgd: Carolyn Bolivar-Getson Acting Provincial Secretary Acting Minister of Justice and Attorney General

N.S. Reg. 208/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 754 © NS Registry of Regulations. Web version. N.S. Reg. 208/2003 Made: December 4, 2003 Filed: December 5, 2003 Children and Family Services Regulations Order in Council 2003-513 dated December 4, 2003 Amendment to regulations made by the Governor in Council pursuant to Sections 55 and 99 of the Children and Family Services Act The Governor in Council on the report and recommendation of the Minister of Community Services dated November 12, 2003, and pursuant to Sections 55 and 99 of

Chapter 5 of the Acts of 1990, the Children and Family Services Act, is pleased to make amendments respecting secure treatment to the Children and Family Services Regulations made by the Governor in Council by Order in Council 91-954 dated August 15, 1991, in the form set forth in

Schedule “A”, attached to and forming part of the report and recommendation, effective on and after December 8, 2003.

Schedule “A” Amendments to the Children and Family Services Regulations made pursuant to

Section 99 of

Chapter 5 of the Acts of 1990, the Children and Family Services Act 1 The Children and Family Services Regulations made by the Governor in Council by Order in Council 91-954 dated August 15, 1991, are amended by adding the following clause immediately after clause 4(1)(h): (ha) “hearing” includes the consideration by a j udge of a consent order filed with the court; 2

Section 34 of the regulations is repealed. 3 The regulations are further amended by adding th e following Sections immediately after

Section 35: Admission to a secure treatment facility 35A For the purposes of Sections 54 to 66 of the Act and these regulations, (a) “facility manager” means a manager of a secure treatment facility; (b) “person in charge” means a facility manager or their designate; (c) “treatment” includes treatment interventions provided in a secure treatment facility. 35B

(1) A secure-treatment certificate shall be in Form XVI.

(2) Service of a secure-treatment certificate shall be, (

a) for the child who is the subject of the certificate, by personal service; and (

b) for the nearest legal aid office, by (

i) personal service, (ii) registered mail, or (ii) facsimile transmission. [Note: numbering as in original.] 35C

(1) No child shall be placed in a secure treatment facility and no court, judge, justice, youth justice court judge or tribunal shall order, renew or review placement of a child in a secure treatment facility unless the placement, renewal or review is approved, applied for or consented to by the Minister.

N.S. Reg. 208/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 755

(2) The consent of the Minister to an application by an agency for a secure-treatment order or renewal or review of a secure-treatment order shall be in the form of a letter signed by the Director of Child Welfare. 35D

(1) In order for a person in charge to grant a leave of absence for a child from a secure treatment facility pursuant to subsection 60(1) of the Act, the child must request approval from the person in charge, and include the medical, humanitarian or rehabilitative reason for the requested leave of absence and the duration of the requested leave of absence.

(2) A person in charge shall document each request for a leave of absence, including (

a) the date of the request; (

b) the reason for the requested leave of absence; (

c) whether the leave of absence is granted and any terms and conditions of the leave; (

d) the duration of the granted leave of absence; (

e) the name of the person who has charge of the child during the leave of absence, and any additional relevant details. 4 The regulations are further amended by adding the Fo rm XVI - Secure-Treatment Certificate, in the form attached, immediately after Form XV. Form XVI Secure-Treatment Certificate Regarding _________________________________________, born _____________________ (name of child) (dd/mm/yyyy) This certificate is issued on behalf on the Minister under

Section 55 of the Children and Family Services Act. This certificate is authority for a peace officer or agent to apprehend and convey or return the child to a secure treatment facility (Section 59 of the Act). This certificate authorizes any person to confine the child in a secure treatment facility from to . (Not to exceed 5 days -

Section 55 of the Act) (date) (date) The secure treatment facility the child will be placed in is [ ] Wood Street Center, 225 Wood Street, Truro, Nova Scotia [ ] (insert other) The reason for this certificate is that I have reasonable and probable grounds to believe that the child is suffering from an emotional or behavioral disorder, it is necessary to confine the child in order to remedy or alleviate the disorder, and the child refuses or is unable to consent to treatment. DATED at ___________, Nova Scotia, ________________, 20___. Signed on behalf of the Minister of Community Services by: (signature) (name) (job title)

N.S. Reg. 208/2003 - 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 756 © NS Registry of Regulations. Web version. r Notice Hearing A hearing must take place no later than 5 days from the date of this certificate. The hearing will take place at: Family Court 540 Prince Street Truro, Nova Scotia, and will be heard on: _____________ (date) at __________ (time), or as soon after that time as it may be heard. The Minister or the agency will be at the hearing to satisfy the court that the conditions of

Section 55 of the Children and Family Services Act have been met. The court will also decide whether to issue a secure- treatment order, if one has been applied for under

Section 56 of the Act. (You should be served with a copy of any such application.) Right to representation You have the right to be represented by counsel at the hearing. You must arrange for representation yourself. A lawyer is available through the office of Nova Scotia Legal Aid, located at: Suite 102, 523 Prince Street Truro, NS B2N 1E8 Phone: (902) 893-5920 N.S. Reg. 209/2003 Made: December 4, 2003 Filed: December 5, 2003 Building Code Regulations Order dated December 4, 2003 Regulations made by the Minister of Environment and Labour pursuant to

Section 4 of the Building Code Act Nova Scotia Building Code Regulations Made under

Section 4 of the Building Code Act, R.S.N.S. 1989, c. 46 2004 Nova Scotia Environment and Labour

Part 1 Repeals,

Interpretation, Scope,

Definitions and Administration

Section 1.1. Repeals, Adoption and

Interpretation 1.1.1. Title, Repeals, and Effective Date 1.1.1.1. Title. These regulations may be cited as the Nova Scotia Building Code Regulations. 1.1.1.2. Repeals and Effective Date of Regulations. The Nova Scotia Building Code Regulations made by the former Minister of Housing and Municipal Affairs on April 8, 1997 (N.S. Reg. 38/97) and came into force on, from and after April 30, 1997and amendments to these regulations including those contained in the First and Second Revisions and Errata published July 1998 and November 1999 which came into force on, from and after January 19, 2001, (N.S. Reg. 205/2000) are hereby

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 757 r repealed on, from and after January 1, 2004. These Nova Scotia Building Code Regulations made by the Minister of Environment and Labour shall come into force on, from and after January 1, 2004. 1.1.2. Adoption 1.1.2.1. Nova Scotia Building Code.

These regulations adopt the National Building Code of Canada, 1995 including the First Revisions and Errata published July 1998, Second Revisions and Errata published November 1999, Third Revisions and Errata published June 2001, and Fourth Revisions and Errata published February 2002, revisions and errata to these regulations, and amendments to the National Building Code of Canada 1995 shall come into force on, from and after January 1, 2004. Together the regulations shall be known as the “Nova Scotia Building Code” and may be referred to as the “Code”. 1.1.3.

Interpretation 1.1.3.1. Numbering System

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

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

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

Article in the Subsection. An

Article may be further broken down into Sentences (indicated by numbers in brackets), and the Sentence further divided into Clauses and Subclauses. They are illustrated as follows: 3P a r t 3.5

Section 3.5.2. Subsection 3.5.2.1.

Article 3.5.2.1.

(2) Sentence 3.5.2.1.(2)(

a) Clause 3.5.2.1.(2)(a)(

i) Subclause 1.1.3.2. Schedules. The Schedules “A” through “A-9” inclusive, “B”,”C” and “D” form part of these regulations.

Section 1.2 Scope and Application 1.2.1. Application 1.2.1.1. Scope

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

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

(3) Construction pursuant to a building permit in effect prior to April 30, 1997, and still in effect, need not conform to these regulations provided that such construction conforms to the regulations in force on the date that the building permit was issued.

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

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 758 © NS Registry of Regulations. Web version. that are altered.

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

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

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

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

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

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

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

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

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

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

(1) The Code does not apply to: (

a) sewerage, water, electrical, telephone, rail or si milar systems located above, below or on an area which has been dedicated or deeded for public use, (

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

c) flood control, dams for public water supply, hydr oelectric dams and their related structures (not excluding buildings), (

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

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

Part 6 of the Code, or free- standing signs, (

f) fences, (

g) retaining walls or exterior steps not attached to, and forming part of, a building's construction, and (

h) modular homes and mobile homes built to C AN/CSA -A277-90, “Procedure for Certification of Factory Built Homes”, or CSA Z240 MH Series-92 Standard “Mobile Homes”, except for the inspections required by Subclause 2.1.1.11.(b).

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

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

b) interior and exterior non-structural material alterations and material repairs with a monetary value of five thousand dollars or less.

Section 1.3

Definitions of Words and Phrases 1.3.1.

Definitions 1.3.1.1. General.

Definitions contained in

Section 2 of the Building Code Act, also apply in these

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 759 regulations. 1.3.1.2. Italicized Words . The words and phrases defined in

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

Definitions . In these regulations the following

definitions apply: “Areas of Refuge” for purposes of

Section 3.7 of the Code means a space that facilitates a safe delay in egress, is sufficiently protected from fire conditions developing in the floor area, and served by an exit or elevator. “Architect” means a member licensed to practice or licensee of the Nova Scotia Association of Architects. “ Building Code Act” or “Act” means

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act. “Care facility” means the occupancy or use of a building or part thereof by persons who require special care or treatment because of cognitive or physical limitations. “Code” means the Nova Scotia Building Code. “Construct” means to do anything in the erection, installation, extension, relocation, material alteration or material repair of a building and includes the installation of a factory-made building fabricated or moved from elsewhere. “Demolition” means the doing of anything in the removal of a building or any material part thereof. “Designated building” means any building or part thereof whose construction was commenced on or after the first day of January, 1976, which is the date the Automatic Sprinkler Systems Regulations- Province of Nova Scotia made pursuant to the Fire Prevention Act by Orders in Council 75-986, 81-350, and 86-686. “Field Review of Construction” means, and is limited to, the inspection of the construction work at intervals appropriate to the stage of construction, at the project site and where applicable at the fabrication location where building components are fabricated for use at the project site, that the designer in their professional discretion consider[s] necessary to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto. “Field Review of Construction” does not include the coordination, quality and performance of construction. “Heritage Building” means a registered heritage property, registered under the Heritage Property Act by the Province or by a municipality. “Heritage Conservation District” means a heritage conservation district designated by the municipality in accordance with the Heritage Property Act. “Mobile home” means a transportable, single or multiple

section dwelling unit certified by [the] Canadian Standards Association prior to placement on the site as complying with the CAN/CSA- Z240 Series “Mobile Homes” at the time of manufacture. “Modular home” means a finished

section or sections of a complete dwelling unit built in a factory for transport to the site for installation certified by [the] Canadian Standards Association prior to placement on the site as complying with the CSA Standard A277-M-1990 “Procedures for Certification of Factory Built Houses”. “National Building Code of Canada, 1995” means the National Building Code of Canada, 1995 as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, NRCC No. 38726, including all revisions and errata and corrections to errata made by that

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 760 © NS Registry of Regulations. Web version. r body on or before the date these regulations come into force. “Owner” includes a person controlling the property under consideration, and also prima facie the assessed owner of the property whose name appears on the assessment role prepared in accordance with the Assessment Act. “Professional Engineer” means a member or licensee of the Association of Professional Engineers of Nova Scotia. “Work” means any construction duty or function regulated by these regulations, carried out on or about a construction site or on, in, or about a building or part thereof.

Section 1.4 Administration 1.4.1. Permits 1.4.1.1. General

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

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

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

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

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

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

Section 313 of the Municipal Government Act,

Chapter 18 of the Acts of 1998.

(5) Where a municipality has so provided by by-law, the authority having jurisdiction may withhold the issuance of a building permit until satisfied that any and all applicable regulations of the Heritage Property Act, Planning Act, Land Use Bylaw, Subdivision Bylaw, lot grading plan, or Development Agreement have been complied with, and that any and all required permits have been issued by the development officer.

(6) Unless a municipality in accordance with

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

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

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

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

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

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

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

c) include plans and specifications as required by

Section 2.3 of the Code, (

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

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

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 761 (

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

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

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

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

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

c) the owner, if requested by the authority having jurisdiction shall submit an up-to-date plan of survey or real property report, prepared by a registered Nova Scotia Land Surveyor, containing sufficient information regarding the site and the location of the building: (1) to establish before construction begins that the regulations of the Code related to the site and the location of the building will be complied with, and (2) to verify that, upon completion of the work, all such regulations have been complied with. 1.4.1.8. Responsibility for carrying out work.

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

Modular homes and mobile homes are subject to the inspection required by clauses 2.1.1.11.(1)(

b) of these regulations and are exempt for the work certified at factory in accordance with CAN/CSA-Z240 MH Series-92 “Mobile Homes” or the CSA Standard A277-M-1990 “Procedures for Certification of Factory Built Houses”. 1.4.1.10. Site Grading. The authority having jurisdiction may require an owner to have a building site graded in conformance with any storm drainage plan, prepared or accepted by the authority having jurisdiction, for the area in which the building is located. 1.4.1.11. Permission to Proceed in Part

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

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

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

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

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 762 © NS Registry of Regulations. Web version.

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

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

(4) A permit for a temporary building shall be posted on the building.

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

Part 2 Responsibilities and Obligations

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

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

a) the name, address and telephone number of

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

s) and prime consultant(

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

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

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

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

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

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

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

Part 9 of the Code for use in a building within the scope of that part, and such dimensions are to be determined on the basis of calculation, testing or other means of evaluation, the owner shall: (1) ensure that a professional engineer is appointed to undertake the design of the structural component,

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 763 and (2) when required by the authority having jurisdiction, complete and submit a letter of undertaking in the form specified in

Schedule “A” for the Field Review of Construction for this structural component. 2.1.1.7. Site Conditions, Size , or Complexity Requiring Professional Design and Inspection. Where the site conditions, the size or complexity of a building, part of a building or building component warrant, the authority having jurisdiction may require the owner to comply with

Article 2.1.1.5. or

Article 2.1.1.6. 2.1.1.8. Design Regulations for Sprinklered Building.

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

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

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

Schedule “A” of the Field Review of Construction. (2) where the alteration of an existing building requires changes to an existing sprinkler system, the authority having jurisdiction may waive compliance with 2.1.1.8.(1), (

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

a) and (

b) are waived, the design documents and test results conducted on the system as per provincial maintenance regulations must be filed with the authority having jurisdiction and the Office of the Fire Marshal. 2.1.1.9. Alteration to Property Boundary or Ground Elevation.

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

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

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

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

i) footings in place, (ii) the site before commencing backfilling of the laterally supported foundation, before a superstructure is placed on the foundation, (iii) the framing, roof, and plumbing and mechanical, (iv) insulation and vapour barrier before wall framing is covered, (

v) before occupancy, (

b) for mobile and modular homes conforming to 1.4.1.9. (

i) footings in place (ii) (

a) in the case of a mobile home, the site preparation, foundation installation and anchorage in accordance with CSA CAN3-Z240.10.1-94 “Recommended Practice for Site Preparation, Foundation, and Anchorage of Mobile Homes”, (

b) in the case of a modular home site preparation and foundation, (iii) installation and anchorage (iv) before occupancy.

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

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

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

Article 2.1.1.5., 2.1.1.6., or 2.1.1.7., (

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

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

d) when construction has been completed so that a final inspection can be made.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 764 © NS Registry of Regulations. Web version. 2.1.1.12. Occupancy Prior to Completion. Should the owner require occupancy to occur prior to the completion of all work the owner shall apply for the occupancy permit and shall ensure that no unsafe condition exists or will exist because of the work being undertaken or not completed. 2.1.1.13. Test or Inspections to Prove Compliance.

Every owner shall make, or have made at their own expense, the tests or inspections necessary to prove compliance with these regulations and shall promptly file a copy of all such test or inspection reports with the authority having jurisdiction. 2.1.1.14. Repairs to Public Property. Every owner is responsible for the cost of repair of any damage to public property or works located therein that may occur as a result of undertaking work for which a permit was or was not required. 2.1.1.15. Discontinuation of Work.

Every owner who is unable to continue work owing to bankruptcy or other cause, is responsible, before leaving the site of the work, for ensuring that no unsafe condition remains at the site.

Section 2.2 Obligations of Professional 2.2.1. General 2.2.1.1. Design. The architect or professional engineer who undertakes to design a building or part thereof shall do so in accordance with their respective statutes and bylaws to ensure that the design meets the intent of the Code. 2.2.1.2. Field Review of Construction. The architect and professional engineer who undertakes the Field Review of Construction shall do so in accordance with their respective statutes and bylaws, and shall (1) inspect the building at intervals appropriate to the stage of construction to determine general compliance with design referred to in

Article 2.2.1.1., (2) coordinate with the authority having jurisdiction the review of changes to the design documents for consistency with the intent of the plans and specifications, (3) file with the authority having jurisdiction the Certification of Field Review of Construction.

Section 2.3 Obligations of Constructor 2.3.1. General 2.3.1.1. Construction Safety Regulations. Every constructor shall ensure that all construction safety requirements of the Department of [Environment and] Labour, Occupational Health and Safety Division, are complied with. 2.3.1.2. Work on Public Property. Every constructor is responsible for ensuring that no excavation or other work is undertaken on public property, and that no building is erected or materials stored in whole or in part therein without approval having first been obtained in writing from the appropriate government authority. 2.3.1.3. Responsibilities for the Work Undertaken.

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

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

Every constructor shall ensure that all materials, systems, equipment, used in the construction, alteration, reconstruction or renovation of a building meet the regulations of the Code for the work undertaken.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 765

Section 2.4 Obligation of Authority having Jurisdiction 2.4.1. General 2.4.1.1. Administration and Enforcement. The authority having jurisdiction shall administer and enforce these regulations. 2.4.1.2. Copies of Applications, Inspections, and Tests. The authority having jurisdiction shall keep copies of all applications received, permits and orders issued, inspections and tests made and of all papers and documents connected with the administration of these regulations for such time as is required by law. 2.4.1.3. Notices and Orders.

The authority having jurisdiction shall issue, in writing, such notices or orders as may be necessary to inform the owner where a contravention of these regulations has been observed. Such notices or orders may specify any remedial or other measures that are required to meet the regulations in accordance with the provisions of

Section 12 of the Act. Where the authority having jurisdiction issues such written notice or order, a copy shall be retained by the authority having jurisdiction and a copy shall be sent to: (1) the owner, by regular mail, at the address given on the permit application; (2) the designer, architect or professional engineer by regular mail, at the address given on the permit application; (3) the constructor, by regular mail, or if the constructor is present during the inspection, may be given to the constructor. 2.4.1.4. Responding to Code Inquiries.

The authority having jurisdiction shall answer such relevant questions as may be reasonable with respect to the provisions of these regulations when requested to do so, but shall refrain from assisting in the laying out of any work and from acting in the capacity of a designer. 2.4.1.5. Authority having Jurisdiction to Issue Permits. The authority having jurisdiction shall issue a building permit or an occupancy permit to the owner when, to the best of authority having jurisdiction’s knowledge, the applicable conditions, as set forth in these regulations, have been met. 2.4.1.6. Safety Regulations.

The authority having jurisdiction shall, when inspecting building sites and structures, comply with the safety regulations made pursuant to the Occupational Health and Safety Act, Department of [Environment and] Labour, Province of Nova Scotia [sic].

Section 2.5 Powers of Authority having Jurisdiction 2.5.1. General 2.5.1.1. Right to Enter Property. The authority having jurisdiction may enter and inspect any building or premises at any reasonable time for the purpose of administering or enforcing these regulations in accordance with the provisions of Sections 10(1), 10(2), and 10(3) of the Building Code Act. 2.5.1.2. Orders.

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

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

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

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

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

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

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

g) correction of any unsafe condition, and (

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

i) work that has been ordered to be done pursuan t to an order issued by the authority having jurisdiction and which has been covered without being inspected, and ii) work for which notification to inspect is re quired to be given pursuant to

Article 2.1.1.11., and

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 766 © NS Registry of Regulations. Web version. where uncovering the work is necessary to determine compliance with the Code. 2.5.1.3. Tests Required to Prove Compliance. The authority having jurisdiction may direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, equipment, device, construction or foundation condition meets these regulations. 2.5.1.4.

Reports Regarding Failure or Potential Failure. The authority having jurisdiction may require the owner or the owner’s representative, where any failure occurs which causes or has the potential to cause injury or loss of life, to submit a report stating the nature and details of the failure and the name and addresses of the constructor. 2.5.1.5. Conditional Building or Occupancy Permit.

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

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

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

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

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

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

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

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

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

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

b) the permit was issued in error, or (

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

Part 3 Amendments to the Nova Scotia Building Code

Section 3.1 Amendments Made to Parts 1 through 9 inclusive of the Code. 3.1.1. Amendments 3.1.1.1. Definition of Owner. The definition of “owner” in

Article 1.1.3.2. of the Code is deleted and replaced herein with the definition of “owner” in

Article 1.3.1.3. of these regulations. 3.1.1.2. Sentence 2.1.1.1.1) Amended. Sentence 2.1.1.1.1) of the Code is amended by deleting “Subsection” in the first line and substituting “Subsections 2.1.4. and,”. 3.1.1.3. Sentences 2.1.2.1.1) a nd 2.1.3.1.1) Amended. Sentences 2.1.2.1.1) and 2.1.3.1.1) of the Code are

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 767 r amended by deleting “Subsection” in the first line of each of the Sentences and substituting in each case “Subsections 2.1.4. and,” 3.1.1.4.

Article 2.1.4.1. Amended.

Article 2.1.4.1. of the Code is deleted and the following substituted: 2.1.4.1. Scope

(1) Except as provided in Sentences (2) and (3), the Code applies to both site assembled and factory built buildings.

(2) Mobile homes are exempt from this Code provided they meet the requirements of CAN/CSA-Z240 MH Series and have not been structurally altered. This exemption does not extend to on-site preparations (foundations, basements, anchorage), interconnection of modules, connection to services or installation of appliances which shall meet the requirements of CAN/CSA-Z240 MH Series.

(3) Modular homes are exempt from this Code provided they meet the requirements of CSA A277-M- 1990 and have not been structurally altered. This exemption does not extend to on-site preparations (foundations, basements, anchorage), interconnection of modules, connection to services or installation of appliances which shall meet the requirements of CSA A277-M-1990. 3.1.1.5. Climatic Values. Sentence 2.2.1.1.1) of the Code is amended by deleting “Appendix C.” in the last line and substituting “Schedule B, Design Data for Selected Locations in Nova Scotia”. 3.1.1.6. Climatic Values.

Sentence 2.2.1.1.(2) of the Code is amended by deleting “Appendix C” in the middle line and substituting, “Schedule B, Design Data for Selected Locations in Nova Scotia”. 3.1.1.7. Barrier-Free Design.

Section 3.8 of the Code is deleted and replaced with the

Section 3.8 “Barrier- Free Design” contained in

Schedule “C” of these regulations. 3.1.1.8. Subsection 9.5.2. Barrier-Free Design. Subsection 9.5.2. of the Code is deleted and the following

Article substituted:

Article 9.9.2.7. Barrier-Free Design. Subject to

Article 3.8.1.1. every building shall be designed in conformance with

Section 3.8. 3.1.1.9.

Section 3.2 Amended.

Section 3.2. is amended by adding

Article 3.2.2.85. “Alternate Compliance Methods For Existing Buildings”.

Section 3.2.2.85. Alternate Compliance Methods For Existing Buildings

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

Schedule “D” of these regulations are hereby adopted and may be used in accordance with Sentences 1.2.1.1.(8), (9), and (10) of these regulations. 3.1.1.10. Clause 3.1.2.5.2)

d) Amended by italicizing the words, “care facility”. 3.1.1.11. Sentence 9.4.2.3.

(1) Replaced. Sentence 9.4.2.3.(1) is deleted and replaced with the following: 9.4.2.3. Platform Type Constructions Subj ect to Snow and Occupancy Loads

(1) Balconies, decks and other accessible exterior pl atform type constructions intended for occupancy and subject to snow load shall be designed to carry the specified roof snow load or 1.9 kPa, whichever is greater, where

a) the construction, or each segregated area of the c onstruction, serves a single suite of residential occupancy, and

b) the construction does not serve as a required exit. 3.1.1.12. Table 9.4.3.1. Replaced. Table 9.4.3.1. is deleted and replaced with the following:

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 768 © NS Registry of Regulations. Web version. r Table 9.4.3.1. Maximum Deflections Forming Part of Sentence 9.4.3.1.

(1) Structural Members Type of Ceiling Supported Max. Allowable Deflection as an Expressed Ratio of the Clear Span Roof rafters, roof joists, roof beams and roof decking of plank and beam construction No ceiling Other than plaster or gypsum board Plaster or gypsum board 1/180 1/240 1/360 Ceiling joists Other than plaster or gypsum board Plaster or gypsum board 1/240 1/360 Floor beams, floor joists and floor decking All cases 1/360 Beams, joists and decking for balconies, decks and other accessible exterior platform type constructions Serving a single dwelling unit Other 1/240 1/360 3.1.1.13. Sentence 9.12.2.2.

(6) Replaced. Sentence 9.12.2.2.(6) is deleted and replaced as follows:

(6) The foundation depths required in Sentence (1) do not apply to foundations for

a) buildings

i) that are not of masonry or masonry veneer construction, and ii) whose superstructure conforms with the requi rements of the deformation resistance test in CAN/CSA-Z240.2.1, “Structural Requirements for Mobile Homes,” or

b) accessory buildings

i) that are not of masonry or masonry veneer construction, ii) not more than 1 storey in building height, iii) not more than 55 m 2 in building area, and iv) with not more than 600 mm clearance between the finished ground level and the underside of the floor assembly. 3.1.1.14. Add new Sentence 9.12.2.2.(7). Sentence 9.12.2.2.(7) is added as follows:

(7) The foundation depths required in Sentence (1) do not apply to foundations for decks and other accessible exterior platform type constructions

a) of not more than one storey,

b) not more than 55 m 2 in area,

c) with not more than 600 mm clearance between th e finished ground level and the underside of the platform assembly,

d) not supporting a roof, and

e) not attached to another structure unless it can be demonstrated that differential movement will not adversely affect the performance of that structure. 3.1.1.15. Add new Sentence 9.12.2.2.(8). Sentence 9.12.2.2.(8) is added as follows:

(8) Where decks or other accessible exterior platform type constructions are supported on surface foundations supported on other than coarse grained soil with good drainage or rock, access shall be provided to the foundation positions to permit re-levelling of the construction. 3.1.1.16. Sentence 9.17.1.1.

(1) Replaced. Sentence 9.17.1.1.(1) is deleted and replaced with the following:

(1) This

section applies to columns used to support

a) beams carrying loads from not more than 2 wood-frame floors where

i) the supported length of joists bearing on such beams does not exceed 5 m, and ii) the live load on any floor does not exceed 2.4 kPa (see Table 4.1.6.3.), or

b) beams or header joists carrying loads from not mo re than 2 levels of wood-frame balconies, decks or other accessible exterior platform type constructions, or 1 level plus roof, where

i) the supported length of joists supported by such beams or rim joists does not exceed 5 m, ii) the sum of the specified snow and occupancy loads does not exceed 4.8 kPa (see 9.4.3.2.(1) for determination of load on the platform type construction), iii) the construction serves only a single suite of residential occupancy, and iv) the construction does not serve as a required exit, or

c) carport roofs (see

Section 9.35.). 3.1.1.17.

Article 9.17.2.2. Replaced.

Article 9.17.2.2. is deleted and replaced with the following:

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 769 r 9.17.2.2. Lateral Support

(1) Columns shall be securely fastened to the supported member to reduce the likelihood of lateral differential movement between the column and the supported member. (See also

Article 9.23.6.2.)

(2) Except as permitted by Sentence (3), columns shall be laterally supported to resist racking

a) directly, or

b) by connection to the supported members.

(3) Columns need not be provided with lateral support as described in Sentence (2) where

a) the columns support the platform, with not more than 600 mm clearance between the finished ground level and the underside of the platform assembly, and

b) the columns support a deck with no superstructure. 3.1.1.18. Sentence 9.23.6.2.

(1) Replaced. Sentence 9.23.6.2.(1) is deleted and replaced with the following:

(1) Except as provided in Sentence (2), exterior columns and posts shall be anchored to resist uplift and lateral movement. 3.1.1.19. Sentence 9.23.6.2.

(2) Added. Sentence 9.23.6.2.(2) is added as follows:

(2) Where columns or posts support balconies, decks, verandas and other exterior platform type constructions, with not more than 600 mm clearance between the finished ground level and the underside of the platform assembly, the supported joists or beams shall be

a) anchored to a foundation to resist uplift and lateral movement, or

b) directly anchored to the ground to resist up-lift. 3.1.1.20. Sentence 9.26.1.1.

(2) Added. Sentence 9.26.1.1.(2) is added as follows:

(2) For the purpose of Sentence (1), roofs shall include constructions that effectively serve as roofs with respect to accumulation or drainage of precipitation. 3.1.1.21. Subsection Heading and Se ntence 9.26.3.1.

(1) Replaced. Subsection Heading and Sentence 9.26.3.1.(1) is deleted and replaced with the following: 9.26.3. Slope of Roofed Surfaces 9.26.3.1. Slope

(1) Except as provided in Sentences (2) and (3), the slopes on which roof coverings may be applied shall conform to Table 9.26.3.1. 3.1.1.22. Sentence 9.26.3.1.(4) and

(5) Added. Sentence 9.26.3.1.(4) and (5) are added as follows:

(4) Except where back-slope will not adversely affect adjacent, supported or supporting constructions, roofs and constructions that effectively serve as roofs shall be constructed with sufficient slope away from

a) exterior walls, and

b) guards that are connected to the roof, or constr uction that effectively serves as a roof, by more than pickets or posts.

(5) The slope required in Sentence (4) shall be sufficient to maintain a positive slope

a) after expected shrinkage of the building frame , where these surfaces are supported by exterior walls and on exterior columns, and

b) considering design loading, where these surfaces are cantilevered from exterior walls. 3.1.1.23.

Article 9.26.4.1. is Added.

Article 9.26.4.1. is added as follows: 9.26.4.1. Required Flashing at Intersections

(1) Except where omission will not adversely affect adjacent, supported or supporting constructions, flashing shall be installed at junctions between roofs and

a) walls that rise above the roof, and

b) guards that are connected to the r oof by more than pickets or posts.

(2) For the purpose of Sentence (1), roofs shall include constructions that effectively serve as roofs with respect to accumulation or drainage of precipitation.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 770 © NS Registry of Regulations. Web version. r 3.1.1.24. Subsections 9.27.1. to 9.27.3. and 9.23.17. Deleted and Replaced. Subsections 9.27.1. to 9.27.3. and Subsection 9.23.17. are deleted and replaced as follows: 9.27.1. Application 9.27.1.1. General

(1) Where lumber, wood shingles, shakes, fibre-cement shingles, planks and sheets, plywood, OSB, waferboard, hardboard, vinyl, aluminum and steel, including trim and soffits, are installed as cladding on walls exposed to precipitation, the cladding assembly shall comply with

a) Subsections 9.27.2. to 9.27.13., or

b) Part 5.

(2) Where stucco is installed as cladding on wood-frame or masonry walls exposed to precipitation, the cladding assembly shall comply with

a) Subsections 9.27.2., 9.27.3. and 9.27.4., and

Section 9.28, or

b) Part 5.

(3) Where masonry serves as cladding on wood-frame or masonry walls exposed to precipitation, the cladding assembly shall comply with

a) Subsections 9.27.2. to 9.27.4., and

Section 9.20., or

b) Part 5.

(4) Where asphalt shingles are installed as cladding on walls exposed to precipitation, the cladding assembly shall comply with

a) Subsections 9.27.2., 9.27.3. 9.27.4., and 9.26.7., or

b) Part 5.

(5) Where cladding materials other than those described in Sentences (1) to (4) are installed, or where these are installed on substrates other than those identified in Sentences (1) to (4), the materials and installation shall comply with

Part 5. 9.27.2. Required Protection from Precipitation 9.27.2.1. Minimizing and Preven ting Ingress and Damage

(1) Except where exterior walls are protected from precipitation or where it can be shown that ingress will not adversely affect occupant health or safety, the wall shall be designed and constructed to

a) minimize ingress of precipitation into the assembly, and

b) prevent ingress into interior space.

(2) Except where exterior walls are protected from mechanisms of deterioration, such as mechanical impact and ultraviolet radiation, exterior walls shall be designed and constructed to minimize the likelihood of required performance being reduced to an unacceptable level as a result of these mechanisms. 9.27.2.2. Minimum Protection from Precipitation Ingress

(1) Except as provided in Sentence (2), a wall assembly is deemed to have a capillary break between the cladding and the back-up assembly where

a) there is a clear air space not less than 10 mm in depth between the cladding and the back-up for the full height and width of the wall,

b) an open drainage material is installed between the cladding and the back-up for the full height and width of the wall,

c) the cladding is loosely fastened to the back-up and there is a clear air space behind each cladding component that is

i) continuous for the full width of the component, ii) not less than 10 mm in depth at the bottom of the component, and iii) not less than 6 mm in depth over not less than 90 mm for every 230 mm of exposed height of the component.

(2) The clear air space, drainage material and insulating sheathing described in Sentence (1) may be interrupted by

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 771 r

a) penetrations for windows, doors and services,

b) flashing,

c) masonry ties, and

d) furring provided the furring does not co mprise more than 20% of the furred area.

(3) Where a construction projects over the top of the clear air space described in Clause (1)(

a) or the drainage material described in Clause (1)(b), the air space or drainage material shall not be contiguous with concealed spaces in the projecting construction.

(4) Exterior walls exposed to precipitation shall be protected against ingress of precipitation with an exterior cladding assembly consisting of a first plane of protection and a second plane of protection where the wall encloses spaces of residential occupancy or spaces that directly serve spaces of residential occupancy.

(5) Except as provided in Sentence (6), exterior walls exposed to precipitation shall be protected against precipitation ingress with an exterior cladding assembly consisting of a first plane of protection and a second plane of protection separated by a capillary break.

(6) In exterior walls described in Sentence (5), the first and second plane of protection need not be separated by a capillary break where it can be shown that omitting the break will not adversely affect any of

a) the health or safety of building users,

b) the intended use of the building, or

c) the operation of building services. 9.27.2.3. First and Second Planes of Protection

(1) Where walls required to provide protection from precipitation are comprised of first and second planes of protection,

a) the first plane of protection shall

i) consist of cladding, with appropriate trim, accessory pieces and fasteners, and ii) be designed and constructed to minimize the passage of rain and snow into the wall by minimizing holes and managing precipitation ingress due to kinetic energy of raindrops, surface tension, capillarity, gravity, and air pressure difference (see Subsections 9.27.4. to 9.27.13.),

b) the second plane of protection sha ll be designed and constructed to

i) intercept all rain and snow that gets past the first plane of protection, and ii) effectively dissipate it to the exterior (see Subsection 9.27.3.),

c) the protection provided by the first and sec ond planes of protection shall be maintained at

i) wall penetrations created by the insta llation of components and services such as windows, doors, ventilation ducts, piping, wiring and electrical outlets, and ii) the interface with other wall assemblies. 9.27.2.4. Protection of Cladding from Moisture

(1) Not less than a 200 mm clearance shall be provided between finished ground and cladding, such as untreated wood, plywood, OSB, waferboard and hardboard, that is adversely affected by moisture.

(2) Not less than a 50 mm clearance shall be provided between a roof surface and cladding that is adversely affected by moisture, such as untreated wood, plywood, OSB, waferboard and hardboard. 9.27.3. Second Plane of Protection 9.27.3.1. Elements of the Second Plane of Protection

(1) The second plane of protection shall consist of a drainage plane with appropriate inner boundary and flashing to dissipate rainwater to the exterior.

(2) The inner boundary of the drainage plane shall comply with Articles 9.27.3.2. to 9.27.3.7.

(3) The protection provided by the second plane of protection shall be maintained at wall penetrations created by the installation of components and services such as windows, doors, ventilation ducts, piping,

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 772 © NS Registry of Regulations. Web version. r wiring and electrical outlets, and at the interface with other wall assemblies.

(4) Flashing material and installation shall comply with Articles 9.27.3.8. and 9.27.3.9. 9.27.3.2. Sheathing Membrane Material Standard

(1) Sheathing membrane shall conform to the performance requirements of CAN/CBSB-51.32-M, “Sheathing, Membrane, Breather Type”. 9.27.3.3. Sheathing Membran e beneath Stucco

(1) Tar-saturated felts or papers shall not be used as a sheathing paper beneath stucco. 9.27.3.4. Required Sheathing Mem brane and Installation

(1) Except as provided in Articles 9.27.3.5., 9.27.3.6. and 9.27.3.7., at least one layer of sheathing membrane shall be applied beneath cladding.

(2) Sheathing membrane required in Sentence (1) shall be applied so that joints are lapped not less than 100 mm.

(3) Where sheathing membrane required in Sentence (1) is applied horizontally, the upper sheets shall overlap the lower sheets. 9.27.3.5. Insulating Sheathing in Lieu of Sheathing Membrane

(1) Where non-wood-based rigid exterior insulating sheathing, or exterior insulating sheathing with an integral sheathing membrane is installed, a separate sheathing membrane is not required.

(2) Where insulating sheathing is installed as provided in Sentence (1),

a) sheathing panels subject to moisture deteri oration shall be sealed at all joints, and

b) the joints of sheathing panels not s ubject to moisture deterioration shall be

i) sealed at all joints, or ii) lapped or tongue and groove, and detailed to ensure drainage of water to the exterior. 9.27.3.6. Sheathing Membranes in Lieu of Sheathing

(1) Except as provided in

Article 9.23.17.6., where no sheathing is used, at least 2 layers of sheathing membrane shall be applied beneath the cladding. (See

Article 9.23.16.1.)

(2) All joints in the sheathing membrane required in Sentence (1) shall occur over framing, and the membrane shall be fastened to the framing with roofing nails or staples spaced not more than 150 mm along the edges of the outer layer of sheathing membrane.

(3) Wall sheathing is permitted to be used in lieu of one layer of sheathing membrane required in Sentence (1), and the thickness need not conform to Table 9.23.16.2.A. 9.27.3.7. Face Sealed Cladding

(1) Sheathing membrane is permitted to be omitted beneath cladding when the joints in the cladding are formed to effectively prevent the passage of wind and rain in conformance with Sentences (2) or (4), as applicable.

(2) Cladding consisting of sheets of plywood, hardboard, OSB, waferboard or asbestos cement is considered to meet the requirements in Sentence (1), provided the cladding is applied so that

a) all edges are directly supported by framing, and

b) the vertical joints between adjacent sheets are

i) covered with battens, ii) shiplapped, or iii) otherwise matched to provide weathertight joints.

(3) Vertical joints between sheets described in Sentence (2) shall be caulked.

(4) Metal siding consisting of sheets of metal is considered to meet the requirements of Sentence (1) where the joints between sheets are of the locked seam type.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 773 r 9.27.3.8. Flashing Materials

(1) Flashing shall consist of not less than a) 1.73 mm thick sheet lead, b) 0.33 mm thick galvanized steel, c) 0.46 mm thick copper, d) 0.46 mm thick zinc, e) 0.48 mm thick aluminum, or f) 1.02 mm thick vinyl. 9.27.3.9. Flashing Installation

(1) Except as provided in Sentence (2), flashing shall be installed at

a) every horizontal junction be tween claddings elements,

b) every horizontal off-set in the cladding,

c) every horizontal line where the cl adding substrates change and

i) differ sufficiently for stresses to be concentrated along that line, or ii) where the installation of the cladding on the lower substrate may compromise the drainage of moisture from behind the cladding above.

(2) Flashing need not be installed as described in Sentence

(1) a) where the upper cladding elements overlap th e lower cladding elements by not less than 25 mm, or

b) where

i) the cladding above and below the joint is installed outboard of a clear drained and vented air space (see Clause 9.27.2.2.(3)(a)), and ii) the horizontal detail is constructed to minimi ze ingress of precipitation into the airspace, or

c) at horizontal construction joints in stucco where

i) the joint is finished with an expansion-contraction strip, and ii) the cladding is installed outboard of a drained and vented air space (see Clause 9.27.2.2.(3)(a)).

(3) Except as provided in Sentence (6), flashing shall be installed over exterior wall openings where the vertical distance from the bottom of the eave to the top of the trim is more than one-quarter of the horizontal overhang of the eave.

(4) Flashing described in Sentences (1) and (3) shall

a) extend not less that 50 mm upward inboard of th e sheathing membrane or sheathing installed in lieu of the sheathing membrane (see

Article 9.27.3.5.),

b) have a slope of not less than 6% toward the exterior after accounting for expected frame shrinkage,

c) terminate at each end with an end-dam not less than 25 mm high,

d) lap not less than 10 mm vertically over the building element below, and

e) terminate in a drip extending not less than 5 mm outward from the outer face of the building element below.

(5) Except as provided in Sentence (6), where sills of windows and doors installed in exterior walls are not self-flashing, flashing shall be installed between the underside of the window or door and the wall construction below.

(6) Where a window or exterior door is provided with an integral exterior flange and is designed to be installed on the exterior of essentially flat lock-seam metal cladding without a head or sill flashing, the flange shall be

a) bedded into a non-hardening sealant material, and

b) screwed down over the sealant through to th e wall framing to form a waterproof joint. 3.1.1.25.

Section 3.2 Amended. Sentences 3.1.7.5.1); 3.2.1.1.6); 3.2.1.4.1); 3.2.2.2.1); 3.2.2.11.1); 3.2.2.12.1); 32.2.13.1); 3.2.2.14.1); 3.2.2.14.3); 3.2.2.16.1); 3.2.2.18.2); 3.2.2.19.1); 3.2.2.19.1); 3.2.2.73.1); 3.2.3.12.2); 3.3.3.57.4) of the Code are amended by deleting “3.2.2.83.” and substituting “3.2.2.84.” in each

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 774 © NS Registry of Regulations. Web version. case. 3.1.1.26.

Article 3.2.2.18.1) Amended.

Article 3.2.2.18.1) of the Code is amended by deleting, “ and” before 3.2.2.81. and substituting, “ , and 3.2.2.84.” after 3.2.2.81. 3.1.1.27.

Section 3.2. Amended.

Section 3.2. of the Code is amended by adding

Article 3.2.2.84., “ Sprinkler Regulations.” after

Article 3.2.2.83. as follows: 3.2.2.84. Sprinkler Regulations.

(1) Conflicts in Sprinkler Regulations. Where there is a conflict between the sprinkler regulations in

Article 3.2.2.84. and Subsection 3.2.2. the more stringent requirement prevails.

(2) Alternatives (

a) Alternatives to Regulations. Alternatives to regulations in this Code are permitted if the authority having jurisdiction, in consultation with the Office of the Fire Marshal, is satisfied that these alternatives provide an equivalent to the level of fire protection required by the Code in conformance with

Article 2.5.1.2. of the Code. (

b) Alternative Fire Suppression Systems. Where, in the opinion of the authority having jurisdiction, the installation of an automatic sprinkler system in a building would be unsuitable by reason of the nature of the occupancy, the authority having jurisdiction, in consultation with the Office of the Fire Marshal, may (

i) waive the regulations contained in any one or more of the Sentences 3.2.2.84.(4), (5), (6), (7), (8), (9); and (ii) require the installation of an alternative fire suppression system that will conform to a standard of National Fire Protection Association (NFPA), or other standard of a certification organization accredited by the Standards Council of Canada. (

c) Occupancy. Where there is an occupancy which does not meet similar conditions to those occupancies listed in NFPA 13, the authority having jurisdiction, in consultation with the Office of the Fire Marshal, may require that the building conform to a standard of National Fire Protection Association (NFPA), or other standards of a certification organization accredited by the Standards Council of Canada.

(3) Exemption (

a) Scope (

i) Where the installation of a fire suppressi on system in an alteration to a non-designated building is required by

Section 3.2., such system shall also be required to encompass the non- designated portion of the building or a firewall shall be constructed to separate the non- designated and designated portions of the building. (ii) Where an alteration to a non-designated building is above any portion of the non-designated building, the entire building must meet the sprinkler regulations applicable to a designated building.

(4) Assembly Occupancies - Group “A” (

a) Application. An automatic sprinkler system shall be installed in every assembly building: (

i) containing one storey and having a building area greater than 1,394 m 2 (15,000 square feet). (ii) containing two storeys and having a building area greater than 929 m2, (10,000 square feet). (iii) containing three storeys and having a building area greater than 465 m2 ( 5,000 square feet), or (iv) containing four or more storeys.

(5) Institutional Occupancies - Group “B” (

a) Application. An automatic sprinkler system shall be installed in every institutional building: (

i) containing one storey and having a building area greater than 929 m2 (10,000 square feet), (ii) containing two storeys and having a building area greater than 465 m2 (5,000 square feet), or (iii) containing three or more storeys.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 775

(6) Residential Occupancies - Group “C” (

a) Application. An automatic sprinkler system shall be installed in every residential building: (

i) containing one storey and having a building area greater than 1,394 m2, ( 15,000 square feet), (ii) containing two storeys and having a building area greater than 929 m2, (10,000 square feet), (iii) containing three storeys and having a building area greater than 465 m2, (5,000 square feet), or (iv) containing four or more storeys, except a residential building containing one or two family dwelling unit(

s) with a building area less than 232 m², (2500 square feet).

(7) Business and Personal Services Occupancies - Group “D” (

a) Application. An automatic sprinkler system shall be installed in every business and personal services building: (

i) containing one storey and having a building area greater than 2,788 m2, (30,000 square feet), (ii) containing two storeys and having a building area greater than 1,858 m2, (20,000 square feet), (iii) containing three storeys and having a building area greater than 929 m2, (10,000 square feet), or (iv) containing four or more storeys.

(8) Mercantile Occupancies - Group “E” (

a) Application. An automatic sprinkler system shall be installed in every mercantile building: (

i) containing one storey and having a building area greater than 1,394 m2, (15,000 square feet), (ii) containing two storeys and having a building area greater than 929 m2 (10,000 square feet), (iii) containing three storeys and having a building area greater than 465 m2, (5,000 square feet), or (iv) containing four or more storeys.

(9) Industrial Occupancies - Group “F” (

a) Application. An automatic sprinkler system shall be installed in every industrial building: (

i) containing one storey and having a building area greater than 1,394 m2, (15,000 square feet) , (ii) containing two storeys and having a building area greater than 929 m2, (10,000 square feet), or (iii) containing three or more storeys. (

b) Notwithstanding clauses (i), (ii), and (iii), the authority having jurisdiction may require the installation of an approved automatic sprinkler system or special fire suppression system in any industrial building where, in the opinion of the authority having jurisdiction in consultation with the Fire Marshal or a representative, there is likely to be a special fire hazard by reason of an occupancy which will involve the use or storage of substantial quantities of combustible, flammable or explosive materials.

Schedule “A” LETTER OF UNDERTAKING CONFIRMATION OF COMMITMENT BY OWNER TO THE MUNICIPAL AUTHORITY HAVING JURISDICTION FIELD REVIEW OF CONSTRUCTION

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

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

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 776 © NS Registry of Regulations. Web version. Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) I (the owner) submit this Letter of Undertaking to the authority having jurisdiction along with a completed application for a building permit. The undersigned has appointed an architect(s), professional engineer(s), designer(s), or prime consultant(

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

G shall forward Field Review of Construction Commitment Certificates for those not yet appointed. (Initial the disciplines that apply to this project.

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

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

Schedule “A-1” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE PRIME CONSULTANT

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 777 construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) This is to advise that I am the architect, professional engineer or designer appointed by the owner as prime consultant to coordinate the Field Review of Construction for the above referenced project.

I hereby certify as prime consultant for this project that I will coordinate the Field Review of Construction for the following disciplines which I have checked and initialled. G Building Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System I attach for your review the Field Review of Construction Inspection Commitment Certificates for each above marked and initialled discipline completed by an appropriate professional for each discipline, or shall forward the Field Review of Commitment Certificate for those not yet appointed.

I, and professionals who have completed the various Field Review of Construction Inspection Commitment Certificates, will perform the Field Review of Construction. I also certify that 1) I will coordinate the review of shop drawings; 2) I will coordinate the review of changes to the design documents; and 3) I will complete or have completed by the appropriate professional the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit.

Please be advised that I may delegate some or all of my duties associated with the coordination of the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act, or the Architects Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix Below the Seal of the Licensed Architect Print Name or Professional Engineer as Appropriate in Accordance With Provincial Legislation or signed by the prime Signature Initials Sample consultant) Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 778 © NS Registry of Regulations. Web version.

Schedule “A-2” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE BUILDING DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) This is to advise that I am the architect or professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the BUILDING DESIGN aspects of the project, which are within

Part 3 and

Part 5 of the Code and as shown in design documents submitted to the authority having jurisdiction but do not include areas of work referred to in certificates A-3 to A-9 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 therein; 2) I will coordinate the review of changes to the design documents relevant to this certificate to ensure that the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit.

Please be advised that I may delegate some or all of my duties associated with the coordination of the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Architects Act or Professional Engineer’s Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix below the seal of the licensed architect Print Name or professional engineer in accordance with Provincial Legislation) Signature Initials Sample Print Name of Firm or Company

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 779 Print Address Print City Postal Code Telephone Fax

Schedule “A-3” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE STRUCTURAL DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the STRUCTURAL DESIGN requirements.

I hereby certify for the Structural Design Requirements that 1) I will review the structural shop drawings to dete rmine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the struct ural design drawings to determine that the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit.

Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act. The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours if the contract for Field Review of Construction is terminated at any time during construction.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 780 © NS Registry of Regulations. Web version. (Affix Below the Seal of the Professional Print Name Engineer in Accordance With Provincial Legislation) Signature Initials Sample Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

Schedule “A-4” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE MECHANICAL DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the MECHANICAL DESIGN requirements.

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

s) determines whether the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit. Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 781 The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix Below the Seal of the Professional Print Name Engineer in Accordance With Provincial Legislation) Signature Initials Sample Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

Schedule “A-5” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE ELECTRICAL DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the ELECTRICAL DESIGN requirements.

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

s) determines whether the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit. Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 782 © NS Registry of Regulations. Web version. The functions will however be performed under my supervision in accordance with the Engineering Profession Act. The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix Below the Seal of the Professional Print Name Engineer in Accordance With Provincial Legislation) Signature Initials Sample Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

Schedule “A-6” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE FIRE SUPPRESSION SYSTEMS DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) 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 therein; 2) I will coordinate the review of changes to the fire suppression systems design documents to ensure that the applicable professional engineer(

s) determines whether the changes conform to the Code; 3) I will complete the Certification of Field Review of Construction and return it to the authority having

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 783 jurisdiction prior to requesting the occupancy permit; 4) I will file a copy of this form, a copy of the s hop drawings, and specifications for the fire suppression system, and a copy of the appropriate contractor’s material and test certificate for the system, as required by sentence 3.2.5.13.(1) of the Code, with the Office of the Fire Marshal. I shall forward proof of receipt for each of the documents filed, issued by the Office of the Fire Marshal, to the authority having jurisdiction prior to requesting the occupancy permit.

Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix Below the Seal of the Professional Print Name Engineer in n Accordance With Provincial Legislation) Signature Initials Sample Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

Schedule “A-7” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE GEOTECHNICAL DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print) This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the GEOTECHNICAL (PERMANENT) DESIGN requirements.

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 784 © NS Registry of Regulations. Web version. I hereby certify for the Geotechnical (Permanent) Systems Design Requirements that 1) I will review the Geotechnical shop drawings to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the 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 the authority having jurisdiction prior to requesting the occupancy permit. Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix Below the Seal of the Professional Print Name Engineer in Accordance With Provincial Legislation) Signature Initials Sample Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

Schedule “A-8” FIELD REVIEW OF CONSTRUCTION INSPECTION COMMITMENT CERTIFICATE PLUMBING DESIGN REQUIREMENTS

PREAMBLE

Whereas the Building Code Act, RSNS 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

Part 2 of the Regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: The authority having jurisdiction Date: Address (Print) Dear Re: Address of Project (Print) Name of Project (Print) Legal Description of Project (Print)

N.S. Reg. 209/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 25 © NS Registry of Regulations. Web version. 785 This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the PLUMBING DESIGN requirements. I hereby certify for the Plumbing Design Requirements that 1) I will review the plumbing shop drawings to determine general compliance with the design documents, however, the party producing the shop drawings remains responsible for the design expressed therein; 2) I will coordinate the review of changes to the plum bing design documents to ensure that the applicable professional engineer(

s) determines whether the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit. Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours, if the contract for Field Review of Construction is terminated at any time during construction. (Affix Below the Seal of the Professional Print Name Engineer in Accordance With Provincial Legislation) Signature Initials Sample Print Name of Firm or Company Print Address Print City Postal Code Telephone Fax

Schedule “A-9” CERTIFICATION OF FIELD REVIEW OF CONSTRUCTION NOTE: This letter must be