Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 38, No. 25 December 12, 2014 Contents Act Reg. No.

Page Animal Protection Act Proclamation of amendments to Act, S. 14, S.N.S. 2013, c. 8 (Protection of Animal Welfare and Security Act) and S. 8, S.N.S. 2014, c. 40 .................... 185/2014 555 S t a n d a r d s o f C a r e f o r C a t s a n d D o g s R e g u l a t i o n s ................................182/2014 545 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 ....................................... 176/2014 469 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Proclamation of amendments to Act, S. 25, S.N.S. 2013, c. 16 ...................... 186/2014 557 Dairy Industry Act M i l k P r i c i n g R e g u l a t i o n s – a m e n d m e n t......................................... 178/2014 531 S c h e d u l e 1 – G e n e r a l R e g u l a t i o n s – a m e n d m e n t...................................177/2014 530 Environment Act Air Quality Regulations–amendment .......................................... 179/2014 533 Motor Vehicle Act W i n t e r P a r k i n g R e g u l a t i o n s ................................................. 181/2014 540 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 180/2014 538 Prescribed Petroleum Products Prices ......................................... 183/2014 552 Petroleum Resources Act Petroleum Resources Regulations–amendment .................................. 184/2014 554

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 ..............................187/2014 558 © NS Office of the Registrar of Regulations. Web version. 467

In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. 468 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 N.S. Reg. 176/2014 Made: November 18, 2014 Filed: November 19, 2014 Nova Scotia Building Code Regulations Order dated November 18, 2014 Regulations repealed and made by the Minister of Municipal Affairs pursuant to

Section 4 of the Building Code Act In the matter of

Section 4 of

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

Section 4 of

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act, effective January 31, 2015, (

a) repeal the Nova Scotia Building Code Regulations, N.S. Reg. 330/2013, made by Order of the Minister of Labour and Advanced Education dated November 5, 2013; and (

b) make new regulations respecting the Nova Scotia bu ilding code in the form set forth in the attached. Dated and made at Halifax, Province of Nova Scotia, November 18, 2014. Sgd.: Mark Furey Honourable Mark Furey Minister of Municipal Affairs

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

Section 4 of

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

Part 1: Repeals,

Interpretation, Scope,

Definitions and Administration 1.1. Repeals, Adoption and

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

(1) The Nova Scotia Building Code Regulations, N.S. Reg. 330/2013, made by the Minister of Labour and Advanced Education on November 5, 2013, are repealed effective January 31, 2015.

(2) These Nova Scotia Building Code Regulations made by the Minister of Municipal Affairs are effective on and after January 31, 2015. © NS Office of the Registrar of Regulations. Web version. 469

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Part II - Regulations Vol. 38, No. 25 1.1.2. Adoptions 1.1.2.1. Nova Scotia Building Code

(1) These regulations adopt the National Building Code of Canada, 2010, including all revisions, errata and corrections to errata made by that body on or before December 31, 2013, which together with these regulations shall be known as the “Nova Scotia Building Code” and may be referred to as the “Code”.

(2) Effective December 31, 2013, these regulations adopt the National Energy Code of Canada for Buildings, 2011, including all revisions, errata and corrections to errata made by that body on or before December 31, 2013, except for their application to buildings within the scope of

Part 3 of the National Building Code, and incorporate these as part of the Nova Scotia Building Code.

(3) Effective December 31, 2014, these regulations adopt the National Energy Code of Canada for Buildings, 2011, including all revisions, errata and corrections to errata made by that body on or before December 31, 2013, and incorporate these as part of the Nova Scotia Building 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 these regulations; the second, the

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

Article in the Subsection. An

Article may be further broken down into Sentences (indicated by numbers in brackets), and the Sentence further divided into Clauses and Subclauses. They are illustrated as follows: A Division 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. 1.1.4. Nova Scotia Building Advisory Committee 1.1.4.1. Appointment of Nova Scotia Building Advisory Committee

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

(2) The Committee shall include (

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

b) a representative appointed from among pe rsons nominated by the Disabled Persons Commission, (

c) a representative of municipal government a ppointed from among persons nominated by the Executive of the Union of Nova Scotia Municipalities, (

d) a representative appointed from among persons nom inated by the Executive of the Association of Professional Engineers of Nova Scotia, 470 © NS Office of the Registrar of Regulations. Web version.

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

f) a representative appointed from among persons nominated by the Executive of the Nova Scotia Home Designers Association, (

g) a representative appointed from among persons nom inated by the Executive of the Association of Interior Designers of Nova Scotia, (

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

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

j) a representative appointed from among persons nominated by the Executive of the Nova Scotia Building Officials Association, (

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

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

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

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

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

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

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

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

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

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

a) the existing building is undergoing construction other than for a change of use, or © NS Office of the Registrar of Regulations. Web version. 471

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b) the 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) When any building in a Heritage Conservation District is undergoing a change in occupancy classification, the owner may choose the “Alternate Compliance Methods for Existing Buildings” 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 similar systems located above, below or on an area that 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, hydroelectric dams and their related structures (not excluding buildings), (

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

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

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

f) free-standing signs, (

g) fences, (

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

i) manufactured homes built to CSA Z240 MH Series Standard “Manufactured Homes”, except for (

i) the notifications required by Sentence 2.1.1.11.(1) where the manufactured home was constructed before January 1, 2010, and has not been structurally altered, or (ii) the notifications required by Sentence 2.1. 1.11.(1) and the requirements of

Section 9.36. Energy Efficiency Measures where the manufactured home is constructed after December 31, 2009, (See Appendix Note A-1.2.1.2.(1)(

i) and (j). NSBCR) (

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

i) the notifications required by Sentence 2.1.1.11.(1) where the modular home was constructed before January 1, 2010, and has not been structurally altered, or (ii) the notifications required by Sentence 2.1. 1.11.(1) and the requirements of

Section 9.36. Energy Efficiency Measures where the modular home is constructed after December 31, 2009. (See Appendix Note A-1.2.1.2.(1)(

i) and (j). NSBCR)

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

a) accessory buildings not greater than 20 m2 (215.2 ft.2) in area, (

b) except under Clause 1.2.1.2.(2)(c), interior and exterior non-structural material alterations and material repairs with a monetary value of $5000.00 or less, (

c) replacement or installation of a new plumbing fixture that does not increase the hydraulic load of the drainage system or require alterations to an existing water distribution system or drainage system. 472 © NS Office of the Registrar of Regulations. Web version.

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Definitions of Words and Phrases 1.3.1.

Definitions 1.3.1.1. General

Definitions contained in

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

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

Definitions In these regulations the following

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

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

Section 5 of the Act. “Camping accommodation” means any building within a campground that is intended to serve the public or is intended as rental accommodation for the travelling or vacationing public. “Code” means the Nova Scotia Building Code. “Construct” means to do anything in the erection, installation, extension, relocation, material alteration or material repair of a building and includes the installation of a factory-made building fabricated or moved from elsewhere. “Demolition” means the doing of anything in the removal of a building or any material part thereof. “Electric space heating” means an electric energy source that provides more than 10% of the heating capacity provided for a building and includes (

a) electric resistance unitary baseboard heating, (

b) electric resistance unitary cabinet heating, (

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

d) electric resistance central furnace heating, (

e) electric hot water space heating, and (

f) air source heat pumps in combination with electric resistance backup heating. “Field Review of Construction” means, and is limited to, the inspection of the construction work at intervals appropriate to the stage of construction, at the project site and where applicable at the fabrication location where building components are fabricated for use at the project site, that the designer in their professional discretion considers 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 a municipality © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 38, No. 25 in accordance with the Heritage Property Act. “Interior Designer” means a member licensed to practice [practise] or a licensee of the Association of Interior Designers of Nova Scotia. “Manufactured home” means a transportable, single- or multiple-section dwelling unit certified by an accredited certification body, as complying with the CAN/CSA Series Z240 Series “Manufactured Homes” at the time of manufacture, prior to placement on the site. “Modular home” means a finished

section or sections of a complete dwelling unit built in a factory for transport to the site for installation, and certified to CSA Standard A277-08 “Procedures for the Factory Certification of Buildings”, by an accredited certification body, at the time of manufacture, prior to placement on the site. “National Building Code of Canada” means the National Building Code of Canada, 2010 as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, NRCC No. 53301, including all revisions, errata and corrections to errata made by that body on or before October 31, 2014. “National Energy Code for Buildings” means the National Energy Code for Buildings 2011 as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, NRCC No. 53301, including all revisions, errata and corrections to errata made by that body on or before December 31, 2013. “National Farm Building Code of Canada” means the National Farm Building Code of Canada, 1995 as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, NRCC No. 38732, including all revisions, errata and corrections to errata made by that body on or before October 31, 2014. “National Plumbing Code of Canada” means the National Plumbing Code of Canada, 2010 as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, NRCC No. 54435, including all revisions, errata and corrections to errata made by that body on or before October 31, 2014. “Owner” includes a person controlling the property under consideration, and also prima facie the assessed owner of the property whose name appears on the assessment role prepared in accordance with the Assessment Act. “Professional Engineer” means a member or licensee of the Association of Professional Engineers of Nova Scotia. “Roofed accommodation” means a building, part of a building, or a group of buildings that is intended as rental accommodation for the travelling or vacationing public. “Work” means any construction duty or function regulated by these regulations, carried out on or about a construction site or on, in, or about a building or part thereof. 1.4 Administration 1.4.1.

Permits 1.4.1.1. General

(1) A permit is required if work regulated by the Code is to be done. 474 © NS Office of the Registrar of Regulations. Web version.

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(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 a building permit until satisfied that there is a valid on-site sewage disposal system permit issued by the Department of the Environment for the construction of a building requiring a new private sewage disposal system.

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

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

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

Section 313 of the Municipal Government Act.

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

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

(7) Unless a municipality in accordance with

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Part 9 buildings. 1.4.1.5. Dimensional Tolerances If, in the opinion of the authority having jurisdiction, safety to life © NS Office of the Registrar of Regulations. Web version. 475

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Part II - Regulations Vol. 38, No. 25 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 or measure given in the Code. (See Appendix A-1.4.1.5 NSBCR) 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, (

a) to establish before construction begins that the provisions of the Code related to the site and the location of the building will be complied with, and (

b) to verify, upon completion of the work, compliance with all such provisions. 1.4.1.8.

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

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

i) and (

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

(1) The authority having jurisdiction may allow, at the risk of the owner, with conditions if necessary, to ensure conformance with the 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 that is authorized under sentence (1).

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

(1) Notwithstanding anything contained elsewhere in these regulations, a permit for a temporary building or part thereof, or a temporary change of occupancy classification of an existing building, may be issued by the authority having jurisdiction, authorizing for a limited time only the erection and existence of a building, or part thereof, or for a temporary change of occupancy classification, for an occupancy that, because of its nature, will exist for a short time, under circumstances that warrant only selective compliance with the Code. 476 © NS Office of the Registrar of Regulations. Web version.

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

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

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

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

(6) A permit issued for a temporary change of occupancy classification shall be required to be renewed every 12 months.

Part 2: Responsibilities and Obligations 2.1 Obligations of Owner 2.1.1. General 2.1.1.1. Required Permits and Plans Review

(1) Every owner shall obtain all required permits or approvals prior to commencing the work to which they relate.

(2) Prior to the start of construction, an owner of a building or facility containing one of the following classes of occupancies must provide building plans for the construction or alteration of the building or facility to the Office of the Fire Marshal: (

a) an assembly occupancy (Group

A) to wh ich one or more of the following apply: (

i) it is more than 3 stories high including the stories below grade, (ii) it has an area greater than 600 m 2, (iii) it is in a non-residential building that is used for a school, college or university and that has an occupant load of more than 40 persons, (

b) a care or detention occupancy (Group B), (

c) a residential occupancy (Group

C) th at is licensed or regulated under the Homes for Special Care Act, or (

d) a high hazard industrial occupancy (Group F, Di vision 1) that is more than 2 storeys high or has an area greater than 600 m 2. 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 the name, address and telephone number of (

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

b) the designer of the work, (

c) the architect(s), professional engineer(s), and prime consultant(

s) performing the Field Review of Construction(s), and (

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

(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, © NS Office of the Registrar of Regulations. Web version. 477

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b) prior to occupying any portion of the building if it is to be occupied in stages, and (

c) of any change in or termination of employme nt of a person referred to in Sentence (1) during the course of the construction, as soon as practical but not later than 72 hours after such change or termination occurs. 2.1.1.4. Plans at Site Every owner shall ensure that the plans, specifications and related documents on which the issuance of the building permit was based are available at the site of the work for inspection during working hours by the authority having jurisdiction, and that the permit, or true copy thereof, is posted conspicuously on the site during the entire execution of the work. 2.1.1.5.

Professional Design and Review The owner who undertakes to construct or have constructed a building or part thereof within the scope of

Part 4 of the Code shall, (

a) ensure that an architect, professional engineer, or interior designer, as required, are appointed to undertake the design of the building or part thereof, and (

b) 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 (

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

b) when required by the authority having jurisdiction, complete and submit a letter of undertaking in the form specified in

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

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

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

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

Schedule “A” of the Field Review of Construction.

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

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

a) and (

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

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

Right of Entry Every owner shall allow the authority having jurisdiction to enter any building or premises at any reasonable time for the purpose of administering and enforcing these regulations in accordance with the provisions of subsections 10(1), 10(2), and 10(3) of the Building Code Act. 478 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 2.1.1.11. Notification for Inspection and Certification of Field Review of Construction

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

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

a) footings in place, (

b) subfloor plumbing, (

c) subfloor and foundation insulation, (

d) pre-backfill, (

e) except for manufactured and modular homes (

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

f) for manufactured and modular homes, (

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

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

i) and (

j) NSBCR)

(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 h as been ordered to be inspected by the authority having jurisdiction before covering, (

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

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

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

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

Design The architect, professional engineer or interior designer 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(s), professional engineer(

s) or interior © NS Office of the Registrar of Regulations. Web version. 479

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s) who undertakes the Field Review of Construction shall do so in accordance with their respective statutes and bylaws, and shall (

a) 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., (

b) coordinate with the authority having jurisdiction the review of changes to the design documents for consistency with the intent of the plans and specifications, (

c) file with the authority having jurisdiction the Certification of Field Review of Construction. 2.3 Obligations of Constructor 2.3.1. General 2.3.1.1. Construction Safety Regulations Every constructor shall ensure that all construction safety requirements of the Department of Labour and Advanced Education, 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 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 provisions of the Code for the work undertaken. 2.4 Obligation of Authority having Jurisdiction 2.4.1. Qualifications of Building Officials 2.4.1.1. Appointment A person appointed or eligible to be appointed by a municipality as a building official shall (

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

b) be a member in good standing of the Nova Scotia Building Officials Association. 2.4.1.2. Administration and Enforcement of the Building Code Act and Regulations

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

(2) Building Officials may only administer and enforce the provisions of the Building Code Act and regulations within the scope for which they hold a valid diploma from the Nova Scotia Building Code Training and Certification Board. 480 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 2.4.2. General 2.4.2.1. Administration and Enforcement The authority having jurisdiction shall administer and enforce these Regulations. 2.4.2.2. Copies of Applications, Inspections, and Tests The authority having jurisdiction shall keep copies of all applications received, permits and orders issued, inspections and tests made and of all papers and documents connected with the administration of these regulations for such time as is required by law. 2.4.2.3.

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

Section 12 of the Act. Where the authority having jurisdiction issues such written notice or order, a copy shall be retained by the authority having jurisdiction and a copy shall be sent to (

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

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

c) the constructor, by regular mail, or if the constructor is present during the inspection, may be given to the constructor. 2.4.2.4. Responding to Code Inquiries The authority having jurisdiction shall answer such relevant questions as may be reasonable with respect to the provisions of these regulations when requested to do so, but shall refrain from assisting in the laying out of any work and from acting in the capacity of a designer. 2.4.2.5.

Authority having Jurisdiction to Issue Permits The authority having jurisdiction shall issue a building permit or an occupancy permit to the owner when, to the best of authority having jurisdiction’s knowledge, the applicable conditions, as set forth in these regulations, have been met. 2.4.2.6. Safety Regulations The authority having jurisdiction shall, when inspecting building sites and structures, comply with the safety regulations made pursuant to the Occupational Health and Safety Act, Department of Labour and Advanced Education, Province of Nova Scotia. 2.4.2.7.

Duty to inform owner of plans review requirement The authority having jurisdiction shall inform the owner that prior to the start of construction, an owner of a building or facility containing one of the following classes of occupancies must provide building plans for the construction or alteration of the building or facility to the Office of the Fire Marshal: (

a) an assembly occupancy (Group

A) that is one or more of the following: (

i) is more than 3 stories high including the stories below grade, (ii) has an area greater than 600 m 2, (iii) is in a non-residential building that is u sed for a school, college or university and that has an occupant load of more than 40 persons, (

b) a care or detention occupancy (Group B), (

c) a residential occupancy (Group

C) th at is licensed or regulated under the Homes for Special Care Act, or (

d) a high-hazard industrial occupancy (Group F, Di vision 1) that is more than 2 stories high or has an area greater than 600 m 2. 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 © NS Office of the Registrar of Regulations. Web version. 481

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Part II - Regulations Vol. 38, No. 25 in accordance with the provisions of subsections 10(1), 10(2), and 10(3) of the Building Code Act. 2.5.1.2. Orders

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

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

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

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

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

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

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

g) correction of any unsafe condition, and (

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

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

Article 2.1.1.11., and where uncovering the work is necessary to determine compliance with the Code. 2.5.1.3. Tests Required to Prove Compliance The authority having jurisdiction may direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, equipment, device, construction or foundation condition meets these regulations. 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 that 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 av ailable 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, where the application is of such a nature that no unsafe condition exists and that withholding of the permit would be unreasonable. 2.5.1.6. Refuse to Issue Permit

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

a) whenever information submitted is 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 482 © NS Office of the Registrar of Regulations. Web version.

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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 National Codes 3.1 Amendments Made to Division[s] A, B and C of the National Building Code of Canada, the National Energy Code of Canada, and the National Plumbing Code of Canada 3.1.1. Amendments 3.1.1.1. Definition of Owner deleted and replaced. The definition of “owner” in

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

Article 1.3.1.3. of these regulations. 3.1.1.2. Sentence 1.1.1.1.(2) (Part 1, Division

A) amended. Sentence 1.1.1.1.(2) (Part 1, Division

A) of the National Building Code of Canada is amended by deleting sentence (2) and substituting the following: Sentence 1.1.1.1.

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

i) and (

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

i) and (

j) NSBCR) 3.1.1.3.

Article 1.3.3.2. (Part 1, Division

A) amended.

Article 1.3.3.2. (Part 1, Division

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

(2) Except as provided in Sentence 1.1.1.1.(3) (Part 1, Division

A) and Clause[s] 9.10.1.2.(12)(

b) and (c) (NSBCR), Articles 3.2.2.18. and 3.2.2.44. to 3.2.2.53. inclusive (Part 3, Division B), apply to all buildings used for major occupancies classified as Group C, residential occupancies exceeding 300 m 2 in building area. (See 3.1.1.19. and Appendix A-1.3.3.2.

(2) NSBCR) 3.1.1.4.

Article 1.3.1.2. (Part 1, Division

B) Applicable Editions amended.

Article 1.3.1.2. (Part 1, Division

B) of the National Building Code of Canada is deleted and replaced with the following: 1.3.1.2

(1) Except as provided under sentence (2), where documents are referenced in this Code, they shall be the editions designated in Table 1.3.1.2. (Part 1, Division

B) except those documents designated under the following Acts and regulations of the Province of Nova Scotia in which case the edition so referenced shall be deemed to be in force: (

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

b) Elevators and Lifts Act and Elevators and Lifts General Regulations, or as that Act and regulation[s] are replaced by the Technical Safety Act and Technical Safety Standards Regulations, (

c) Electrical Installation and Inspection Act and Electrical Code Regulations, or as that Act and regulation[s] are replaced by the Technical Safety Act and Technical Safety © NS Office of the Registrar of Regulations. Web version. 483

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Part II - Regulations Vol. 38, No. 25 Standards Regulations. (See Appendix note A-3.1.1.4. NSBCR)

(2) Where amendments to documents adopted by this Code apply, these amendments shall apply to the particular provisions of those documents adopted by the above Acts and regulations unless amended by this regulation. 3.1.1.5. Sentence 1.3.1.2.(1) (Part 1, Division

B) of the National Building Code of Canada is amended by adding to Table 1.3.1.2. the following: Issuing Agency Document Number Title of Document Code Reference ULC CAN/ULC-S545 Standard for Residential Fire Warning System Control Units 9.10.19.3.

(1) ULC CAN/ULC-S319-05 Electronic Access Control Systems 3.4.6.15.(4)(f)(ii) 3.4.6.15.(4)(i) 3.1.1.6. Sentence 3.1.5.22.(1) (Part 3, Division

B) of the National Building Code of Canada is added: 3.1.5.22. Combustible Solar Collector Systems

(1) A combustible solar collector system is permitted to be installed above the roof of a building required to be of noncombustible construction. 3.1.1.7. Table 3.2.2.49. (Part 3, Division

B) deleted and replaced. Table 3.2.2.49. (Part 3, Division

B) of the National Building Code of Canada is deleted and replaced with: Table 3.2.2.49. Maximum Building Area, Group C, up to 3 Storeys No. of Storeys Maximum Area, m 2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 2400 3000 3600 2 1200 1500 1800 3 800 1000 1200 3.1.1.8. Table 3.2.2.51. (Part 3, Division

B) deleted and replaced. Table 3.2.2.51. (Part 3, Division

B) of the National Building Code of Canada is deleted and replaced with: Table 3.2.2.51. Maximum Building Area, Group C, up to 3 Storeys, Increased Area No. of Storeys Maximum Area, m 2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 1200 1500 1800 2 600 750 900 3 400 500 600 3.1.1.9. Table 3.2.2.52. (Part 3, Division

B) deleted and replaced. Table 3.2.2.52. (Part 3, Division

B) of the National Building Code of Canada is deleted and replaced with: 484 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 Table 3.2.2.52. Maximum Building Area, Group C, up to 3 Storeys No. of Storeys Maximum Area, m2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 900 1120 1350 2 450 560 675 3 300 375 450 3.1.1.10.

Article 3.2.2.55. Group D, up to 6 Storeys (Part 3, Division

B) deleted and replaced.

Article 3.2.2.55. Group D, up to 6 Storeys (Part 3, Division

B) of the National Building Code of Canada is deleted and replaced with: 3.2.2.55.

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

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

b) it has a building area not more than the value in Table 3.2.2.55. Table 3.2.2.55. Maximum Building Area, Group D, up to 3 Storeys No. of Storeys Maximum Area, m 2 Facing 1 Street Facing 2 Streets Facing 3 Streets 1 not limited not limited not limited 2 7200 not limited not limited 3 4800 6000 7200

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

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

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

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

d) loadbearing walls, columns and arches sha ll have a fire-resistance rating not less than that required for the supported assembly. 3.1.1.11.

Section 3.2. (Part 3, Division

B) amended.

Section 3.2. (Part 3, Division

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

Article 3.2.2.89. “Alternate Compliance Methods For Existing Buildings”:

Article 3.2.2.89. Alternate Compliance Methods For Existing Buildings

(1) Scope

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

Schedule “D” of these regulations are hereby adopted and may be used in accordance with Sentences 1.2.1.1.(8), (9), and (10) of these regulations. 3.1.1.12. Sentence 3.3.1.13.(3) (Part 3, Division

B) deleted and replaced. Sentence 3.3.1.13.(3) (Part 3, Division B) [of the] National Building Code of Canada is deleted and replaced with: 3.3.1.13.

(3) Except as permitted by Sentence (4) or Subclause [Clause] 3.4.6.16.(4)(f), door release hardware shall be operable by one hand and the door shall be openable with not more than one releasing operation. (See also Sentence 3.8.3.3.(3).) 3.1.1.13. Sentence 3.4.6.16.(4) (Part 3, Division

B) deleted and replaced. Sentence 3.4.6.16.(4) (Part 3, Division

B) of the National Building Code of Canada is deleted and replaced © NS Office of the Registrar of Regulations. Web version. 485

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

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

b) the locking device, and all similar de vices in the access to exit leading to the exit door, release upon actuation of the fire alarm signal from the building fire alarm system, (

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

d) the locking device releases immediately upon actuation of a manually operated switch readily accessible only to authorized personnel, (

e) except as allowed by Clauses (

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

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

i) a force of not more than 90 N applied to the door opening hardware that initiates an irreversible process that will release the locking device within 15 s, and not relock until the door has been opened, or (ii) activating a blue manual pull station, installed in close proximity to the door, and not relock until the door has been opened. (See Appendix Note NSBCR A-3.4.6.15.(4)(f) [sic]) (

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

h) a legible sign is permanently mounted (

i) for a locking device release in Clause (

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

i) devices installed under Subclause (f)(ii) shall conform with CAN/ULC-S319-05 “Electronic Access Control Systems”, (

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

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

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

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

l) emergency lighting is provided at each door, and (

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

Article 3.4.6.18., (

i) the locking device releases immediately upon the operation of a manual station for the fire alarm system located on the wall on the exit stair side not more than 600 mm from the door, and (ii) a legible sign with the words “re-entry door unlocked by fire alarm” in letters at least 25 mm high with a stroke of at least 5 mm is permanently mounted on the door on the exit-stair side. (See Appendix A.) 486 © NS Office of the Registrar of Regulations. Web version.

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Article 3.4.6.18. Emergency A ccess to Floor Areas deleted and replaced.

Article 3.4.6.18. Emergency Crossover Access to Floor Areas is deleted and replaced with: 3.4.6.18. Emergency Crossover Access to Floor Areas

(1) In a building more than 6 storeys in building height, except as permitted in Sentence (2), doors providing access to floor areas from exit stairs shall not have locking devices to prevent entry into any floor area from which the travel distance up or down to an unlocked door is more than 2 storeys.

(2) Doors referred to in Sentence (1) are permitted to be equipped with electromagnetic locks, provided they comply with Sentence 3.4.6.16.(4).

(3) Doors referred to in Sentence (1) shall be identified by a sign on the stairway side to indicate that they are openable from that side.

(4) Locked doors intended to prevent entry into a floor area from an exit stair shall (

a) be identified by a sign on the stairway side to indicate the location of the nearest unlocked door in each direction of travel, and (

b) be openable with a master key that fits a ll locking devices and is kept in a designated location accessible to firefighters or be provided with a wired glass panel not less than 0.0645 m 2 in area and located not more than 300 mm from the door opening hardware.

(5) Where there is access to floor areas through unlocked doors as required by Sentence (1) or through doors permitted to have electromagnetic locks in accordance with Sentence (2), it shall be possible for a person entering the floor area to have access through unlocked doors within the floor area to at least one other exit. 3.1.1.15. Barrier-Free Design

Section 3.8. (Part 3, Division

B) deleted and replaced.

Section 3.8. (Part 3, Division

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

Section 3.8 “Barrier-Free Design” contained in

Schedule “C” of these regulations. 3.1.1.16.

Section 9.1. General (Part 9, Division

B) amended.

Section 9.1. (Part 9, Division

B) of the National Building Code of Canada is amended by adding Sentence 9.1.1.1.(2):

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

Schedule “D” of these regulations are hereby adopted and may be used in accordance with Sentences 1.2.1.1.(8), (9), and (10) of these regulations. 3.1.1.17. Barrier-Free Design. Sentence 9.5.2.1.(1) (Part 9, Division

B) deleted and replaced. Sentence 9.5.2.1.(1) (Part 9, Division

B) of the National Building Code of Canada is deleted and replaced by the following sentence:

(1) Subject to

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

Section 3.8. 3.1.1.18. Exception for Apartment Buildings

Article 9.5.2.3. (Part 9, Division

B) deleted.

Article 9.5.2.3., Exception for Apartment Buildings (Part 9, Division

B) of the National Building Code of Canada. is deleted. 3.1.1.19.

Article 9.10.1.3. amended.

Article 9.10.1.3. Items under

Part 3 Jurisdiction is amended by adding: 9.10.1.3.(12)(

a) Except as provided in Sentence 1.1.1.1.(3) (Part 1, Division A), and as provided in Clause[s] 9.10.1.3.(12)(

b) and (c), Articles 3.2.2.18. and 3.2.2.44 to 3.2.2.53, inclusive (Part 3, © NS Office of the Registrar of Regulations. Web version. 487

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B) apply to all buildings used for major occupancies classified as Group C, residential occupancies exceeding 300 m2 in building area or greater than 3 storeys in building height. ([See] Appendix A-1.3.3.2.

(2) NSBCR) 9.10.1.3.(12)(

b) Single detached dwelling units are exempt. 9.10.1.3.(12)(

c) A residential building containing two dwelling units, with a building area of less than 600 m2 or not more than 3 storeys building height is exempt. 3.1.1.20.

Article 9.10.19.4. (Part 9, Division

B) Power Supply amended.

Article 9.10.19.4. (Part 9, Division

B) of the National Building Code of Canada is deleted and replaced with: 9.10.19.4.

(1) Except as provided in Sentences (2), (3) and (4), smoke alarms described in

Article 9.10.19.1. shall (

a) be installed with permanent connections to an electrical circuit (see A-3.2.4.21.(6)(

a) in Appendix A), (

b) have no disconnect switch between the overc urrent device and the smoke alarm, and (

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

(2) In a single dwelling unit, smoke alarms may be installed (

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

b) in case the regular power supply to the cont rol unit is interrupted, be provided with a battery as an alternative power source that can continue to provide power to the control unit for a period of no less than 7 days in the normal condition, followed by 4 minutes of alarm.

(3) Where the building is not supplied with electric power, smoke alarms are permitted to be battery-operated.

(4) Suites of residential occupancy are permitted to be equipped with smoke detectors in lieu of smoke alarms, provided the smoke detectors (

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

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

c) form part of the fire alarm system. (See A-3.2.4.21.(7) in Appendix A.)

(5) Smoke detectors permitted to be installed in lieu of smoke alarms as stated in Sentence (4) are permitted to sound localized alarms within individual suites, and need not sound an alarm throughout the rest of the building. 3.1.1.21. Replace

Article 9.25.3.2. (Part 9, Division

B) Air Barrier System Properties (See Appendix A, Division B A-9.25.3.2. NBC).

Article 9.25.3.2. (Part 9 Division B), Air Barrier System, is deleted and replaced with: 488 © NS Office of the Registrar of Regulations. Web version.

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(1) Sheet and panel type materials intended to provide the principal resistance to air leakage shall have an air leakage characteristic not greater than 0.02 L/(s.m2) measured at a differential of 75 Pa.

(2) Where polyethylene sheet is used to provide airtightness in the air barrier system, it shall conform to CAN/CGSB-51.34-M, “Vapour Barrier, Polyethylene Sheet for Use in Building Construction”. 3.1.1.22. Sentence 9.27.2.2.(5) (Part 9, Division

B) amended. Sentence 9.27.2.2.(5) is amended by replacing the comma after the word break with a period and deleting the balance of the sentence including deletion of Clauses 9.27.2.2.(5)(

a) and (

b) and the reference to Appendix C for information on the moisture index. 3.1.1.23.

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

Article 9.32.3.6. (Part 9, Division B, Volume 1) is deleted and Appendix Note A-9.32.3.6.(Appendix A, Division B, Volume 2) is deleted. 3.1.1.24.

Article 9.36.1.3. amended.

Article 9.36.1.3. is amended by adding “(See Appendix NSBCR A-9.36.1.3.1.)”. 3.1.1.25. Sentence 9.36.1.3.(1) deleted and replaced. Sentence 9.36.1.3.(1) is deleted and replaced with:

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

a) the prescriptive or trade-off requirements in Subsections 9.36.2. to 9.36.4. and shall meet the requirements for climatic Zone 6, (

b) the performance requirements in subsection 9. 36.5. based on the climatic data for where the building is located, or (

c) the NECB. 3.1.1.26.

Article 9.36.1.3. amended.

Article 9.36.1.3. is amended by adding Sentence 9.36.1.3.(6) as follows:

(6) Section 9.36. does not apply to (

a) farm buildings, (

b) buildings intended primarily for manufactur ing or commercial or industrial processing, (

c) non-heating season, or intermittently occupied buildings, (See Appendix A, Division B A-9.1.1.1.

(1) NBC) (

d) heritage buildings. 3.1.1.27. Sentence 9.36.2.7.(1) amended. Sentence 9.36.2.7.(1) is deleted and replaced by:

(1) Except as provided in Sentences (2) to (9) and

Article 9.36.2.11., fenestration and doors shall have an overall thermal transmittance (U-value) not greater than, or an Energy Rating not less than the values listed in Table 9.36.2.7.A. for the applicable heating degree day category. (See Appendix A, NBC) 3.1.1.28.

Article 9.36.2.7. amended.

Article 9.36.2.7. is amended by adding new Sentence 9.36.2.7.(9) as follows:

(9) Thermal characteristic of fenestrations and doors protected by storm windows or storm doors need not comply with efficiencies specified in Table 9.36.2.7.A. or Table 9.36.2.7.C. 3.1.1.29. Table 3.9.1.1. is amended by replacing functional statement 3.8.3.17. and adding functional statement 3.8.3.18. © NS Office of the Registrar of Regulations. Web version. 489

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Part II - Regulations Vol. 38, No. 25 3.8.3.17 Sleeping Units in Roofed Accommodations 3.8.3.17.

(1) F 74-OA2 3.8.3.17.

(2) F 74-OA2 3.8.3.17.

(3) F 74-OA2 3.8.3.18 Suites of Residential Occupancies Required to be Barrier-Free 3.8.3.18.

(1) F 73-OA1, F 74-OA2 3.8.3.18.

(2) F 73-OA1, F 74-OA2 3.8.3.18.

(3) F 73-OA1, F 74-OA2 3.8.3.18.

(4) F 73-OA1, F 74-OA2 3.1.1.30. Division A and NPC 2.2 Objectives added. Add the following objective to Division A Sentence 2.2.1.1.(1) (See Appendix Note NSBCR A-3.1.1.24.): OR Resource Conservation An objective of this Code is to limit the probability that, as a result of the design or construction of a building, a natural resource will be exposed to an unacceptable risk of depletion or the capacity of the infrastructure supporting the use of the resource will be exposed to an unacceptable risk of being exceeded.

OR1 Water Conservation An objective of this Code is to limit the probability that, as a result of the design or construction of a building, water resources will be exposed to an unacceptable risk of depletion or the capacity of the water supply, treatment and disposal infrastructure will be exposed to an unacceptable risk of being exceeded, caused by the consumption of water. 3.1.1.31. Division A and NPC 3.2 Functional Statement added. Add the following functional statement to Division A, Sentence 3.2.1.1.(1): F 130 To limit excessive water consumption. 3.1.1.32.

Article 2.4.9.1. No Reduction in Size replaced. In

Article 2.4.9.1. of the National Plumbing Code of Canada, Division B, Sentence (1) is deleted and replaced and Sentences (2) and (3) are added, as follows: 2.4.9.1. No Reduction in Size

(1) Except as permitted in Sentence (3), no drainage pipe that is of minimum size required by this Part for the purpose for which it is installed shall be so connected as to drain to other drainage pipe of lesser size.

(2) Where a building drain connects to a stack through a wall or floor, the drain shall retain its full size through the wall or floor.

(3) A sanitary drainage pipe may be connected to a pre-engineered waste water heat recovery system that incorporates piping of a lesser size than required by Sentence (1) provided that it does not convey sewage (

a) from a sanitary unit, or (

b) that contains solids. 3.1.1.33.

Article 2.6.1.8. Solar Domestic Hot Wa ter Systems In the National Building Code of Canada Division B replaced.

Article 2.6.1.8. Solar Domestic Hot Water Systems In the National Building Code of Canada Division B is replaced with: 490 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 2.6.1.8. Solar Domestic Hot Water Systems

(1) Except as provided in Sentence (2), a system for solar heating of potable water shall be installed in accordance with good engineering practice.

(2) Systems for solar heating of potable water in residential occupancies shall be installed in conformance with CAN/CSA-F383, “Installation Code for Solar Domestic Hot Water Systems”. 3.1.1.34. Subsection 2.6.4. Water Efficiency added. Subsection 2.6.4. Water Efficiency is added in the National Plumbing Code of Canada as follows: 2.6.4. Water Efficiency 2.6.4.1. Water Supply Fittings

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

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

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

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

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

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

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

(3) Except as provided in Sentence (2) the flush cycle for each fixture that is a water closet or urinal shall not exceed the maximum flush cycle listed for that fixture in Table 2.6.4.2.B. © NS Office of the Registrar of Regulations. Web version. 491

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Part II - Regulations Vol. 38, No. 25 Table 2.6.4.2.B. Maximum Flush Cycles for Sanitary Fixtures Forming Part of Sentence 2.6.4.2.

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

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

(4) Urinals which utilize water-free technology and conform to CSA-B45 “Plumbing Fixtures Series” may be substituted under 2.6.4.2.(1).

(5) Sentences (2) and (3) do not apply to a fixture located in a heritage building, care or detention occupancy or passenger station. 3.1.1.35. Sentence 3.7.2.1.

(1) Plumbing and Drainage Systems amended. The National Building Code of Canada (Part 3, Division B), Sentence 3.7.2.1.(1) is deleted and replaced as follows: 3.7.2.1. Plumbing and Drainage Systems

(1) Except under clause 3.7.2.2.(5)(b), if the installation of a sanitary drainage system is not possible because of the absence of a water supply, sanitary privies, chemical closets or other means for the disposal of human waste shall be provided. 3.1.1.36. Sentence 3.7.2.2.

(5) Water Closets amended. The National Building Code of Canada (Part 3, Division B), Sentence 3.7.2.2.(5) is deleted and replaced as follows: 3.7.2.2.

(5) Water Closets (

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

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

b) Where urinals are permitted they may be of a type that utilizes water-free technology and shall conform to CSA-B45 “Plumbing Fixtures Series”. 3.1.1.37 Sentence 1.1.2.1. (Part 1, Division

B) National Energy Code of Canada amended. Sentence 1.1.2.1. (Part 1, Division

B) National Energy Code of Canada is deleted and replaced as follows:

(1) Buildings shall comply with (

a) the prescriptive or trade requirements stated in Parts 3 to

Part 7 and shall meet the requirements for climatic Zone 6, or (

b) the performance requirements stated in

Part 8. 3.1.1.38. Appendix Notes. The Appendix Notes to the National Building Code of Canada edition apply as appendix notes to the Code and the amendments made by these regulations unless specifically replaced or amended herein. 492 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25

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, R.S.N.S. 1989,

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

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

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

Whereas

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

Whereas

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

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

s) to undertake, as required in Articles 2.1.1.5. and 2.1.1.6. of the regulations, the Field Review of Construction and I have attached to this Letter of Undertaking (check appropriate boxes) G Field Review of Construction Commitment Certificates completed by me or the prime consultant appointed by me to coordinate the Field Review of Construction. © NS Office of the Registrar of Regulations. Web version. 493

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Part II - Regulations Vol. 38, No. 25 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 Interior Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System G Resource Conservation- Energy I shall notify the authority having jurisdiction if the architect, interior designer, 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, interior designer, or 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 after the change in an individual responsible occurs, if the contract for Field Review of Construction is terminated at any time during construction. Signature of Owner Date Print name Address Postal Code Phone Fax E-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

Whereas architects, interior designers, and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; 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; 494 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 To: Authority Having Jurisdiction Date Address Dear Authority Having Jurisdiction Re: Address of Project Name of Project Legal Description of Project This is to advise that I am the architect, interior designer, 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 initialed.

G Building Design G Interior Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System G Resource Conservation- Energy I attach for your review the Field Review of Construction Inspection Commitment Certificates for each above- marked and initialed discipline completed by an appropriate professional for each discipline, or shall forward the Field Review of Commitment Certificate for those not yet appointed. I, and professionals who have completed the various Field Review of Construction Inspection Commitment Certificates, will perform the Field Review of Construction.

I also certify that 1) I will coordinate the review of shop drawings; 2) I will coordinate the review of changes to the design documents; and 3) I will complete or have completed by the appropria te professional the Certification of Field Review of Construction and return it to the authority having jurisdiction prior to requesting the occupancy permit. Please be advised that I may delegate some or all of my duties associated with the coordination of the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so.

The functions will however be performed under my supervision in accordance with the Engineering Profession Act, the Interior Designers 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 after the event, if the contract for Field Review of Construction is terminated at any time during construction. © NS Office of the Registrar of Regulations. Web version. 495

N.S. Reg. 176/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 25 ____________________________________________ Print Name ____________________ ______________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

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

Whereas

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

Whereas

Part 2 of the regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: Authority Having Jurisdiction Date Address Dear Authority Having Jurisdiction Re: Address of Project Name of Project Legal Description of Project If a design professional affix below the seal of the licensed Architect, Interior Designer, or Professional Engineer or in accordance with provincial legislation If not a design professional this document must be signed by the person appointed as the Prime Consultant. 496 © NS Office of the Registrar of Regulations.

Web version.

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Part II - Regulations Vol. 38, No. 25 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 Parts 3 and 5 of the Building Code and

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

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

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

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

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

Whereas the Minister of Municipal Affairs has by regulation adopted the National Building Code and the National Energy Code of Canada for Buildings, with amendments as the Nova Scotia Building Code, requiring compliance with the Nova Scotia Building Code in the construction or demolition of buildings; © NS Office of the Registrar of Regulations. Web version. 497

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Part II - Regulations Vol. 38, No. 25 And

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

Whereas

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

Whereas

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

I hereby certify for the Structural Design Requirements that 1) I will review the structural shop drawings to 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 structural design drawings to determine that the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to 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 after the event, if the contract for Field Review of Construction is terminated at any time during construction. 498 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 176/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 25 ____________________________________________ Print Name ____________________ _____________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

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

Whereas

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

Whereas

Part 2 of the regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: Authority Having Jurisdiction Date Address Dear Authority Having Jurisdiction Re: Address of Project Name of Project Legal Description of Project Affix below the seal of the licensed Professional Engineer in accordance with provincial legislation. © NS Office of the Registrar of Regulations. Web version. 499

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Part II - Regulations Vol. 38, No. 25 This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the MECHANICAL DESIGN aspects of this project, which are within

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

s) determines whether the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to 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 after the event, if the contract for Field Review of Construction is terminated at any time during construction. ____________________________________________ Print Name ______________________ ____________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

Whereas the Minister of Municipal Affairs has by regulation adopted the National Building Code and the National Energy Code of Canada for Buildings, with amendments as the Nova Scotia Building Code, requiring compliance with the Nova Scotia Building Code in 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 Affix below the seal of the licensed Professional Engineer in accordance with provincial legislation. 500 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 conformance with the minimum standards of the Nova Scotia Building Code with sufficient drawings and documents to show how these standards have been met; And

Whereas

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

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

s) determines whether the changes conform to the Code; and 3) I will complete the Certification of Field Review of Construction and return it to 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 after the event, if the contract for Field Review of Construction is terminated at any time during construction. ____________________________________________ Print Name ______________________ ____________________ Signature Initials Sample Affix below the seal of the licensed Professional Engineer in accordance with provincial legislation. © NS Office of the Registrar of Regulations. Web version. 501

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Part II - Regulations Vol. 38, No. 25 ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

Whereas the Minister of Municipal Affairs has by regulation adopted the National Building Code and the National Energy Code of Canada, with amendments as the Nova Scotia Building Code, requiring compliance with the Nova Scotia Building Code in 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 beinspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: Authority Having Jurisdiction Date Address Dear Authority Having Jurisdiction Re: Address of Project Name of Project Legal Description of Project This is to advise that I am the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the FIRE SUPPRESSION SYSTEMS DESIGN requirements. 502 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 176/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 25 I hereby certify for the Fire Suppression Systems Design Requirements that 1) I will review the fire suppression systems shop draw ings 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 th e fire suppression systems design documents to ensure that the applicable professional engineer(

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

I shall forward proof of receipt for each of the documents filed, issued by the Office of the Fire Marshal, to the authority having jurisdiction prior to requesting the occupancy permit. Please be advised that I may delegate some or all of my duties associated with the Field Review of Construction to another person employed by me or my firm where it is consistent with prudent professional practice to do so. The functions will however be performed under my supervision in accordance with the Engineering Profession Act.

The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours after the event, if the contract for Field Review of Construction is terminated at any time during construction. ____________________________________________ Print Name ______________________ ____________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax e-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

Whereas architects and professional engineers are required by their respective statutes, regulations, and Affix below the seal of the licensed Professional Engineer in accordance with provincial legislation. © NS Office of the Registrar of Regulations. Web version. 503

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Part II - Regulations Vol. 38, No. 25 bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; And

Whereas

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

Whereas

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

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 after the event, if the contract for Field Review of Construction is terminated at any time during construction. 504 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 ____________________________________________ Print Name ______________________ ____________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

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

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

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

Whereas

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

Whereas

Part 2 of the regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: Authority Having Jurisdiction Date Address Dear Authority Having Jurisdiction Re: Address of Project Name of Project Legal Description of Project Affix below the seal of the licensed Professional Engineer in accordance with provincial legislation. © NS Office of the Registrar of Regulations. Web version. 505

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Part II - Regulations Vol. 38, No. 25 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 th e plumbing 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 after the event, if the contract for Field Review of Construction is terminated at any time during construction. ____________________________________________ Print Name ______________________ ____________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

Schedule “A-9” Field Review of Construction Inspection Commitment Certificate Interior Design Requirements

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

Whereas architects, interior designers, and professional engineers are required by their respective statutes, regulations, and bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings; Affix below the seal of the licensed Professional Engineer in accordance with provincial legislation. 506 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 And

Whereas

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

Whereas

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

I hereby certify for the interior design requirements that 1) I will review the shop drawings re levant 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 d esign 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 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 Interior Designers Act. The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours after the event, if the contract for Field Review of Construction is terminated at any time during construction. © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 38, No. 25 ____________________________________________ Print Name ______________________ ____________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail

Schedule “A-10” Field Review of Construction Inspection Commitment Certificate Resource Conservation Measures–Energy

Preamble

Whereas the Building Code Act, R.S.N.S. 1989,

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

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

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

Whereas

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

Whereas

Part 2 of the regulations made pursuant to the Act, requires that these buildings be inspected at intervals appropriate to the stage of construction to determine general compliance with the design drawings accepted by the authority having jurisdiction and all revisions thereto; To: Authority Having Jurisdiction Date Address Dear Authority Having Jurisdiction Re: Address of Project Name of Project Affix below the seal of the Registered Interior Designer in accordance with provincial legislation, where applicable. 508 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 38, No. 25 Legal Description of Project This is to advise that I am the architect or the professional engineer appointed by the owner or prime consultant to perform the Field Review of Construction for the Resource Conservation Measures–Energy requirements.

I hereby certify for the Resource Conservation Measures Requirements–Energy that 1) I will comply with the requirements of Division C of the National Building Code and the National Energy Code of Canada for Buildings; 2) I will review the energy 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; 3) I will coordinate the review of changes to the energy design documents to ensure that the changes conform to the Code; 4) Where the size and complexity of the design has b een identified, I will coordinate additional areas of review as deemed appropriate in consultation with the authority having jurisdiction and; 5) 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 or the Nova Scotia Architects Act. The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than 72 hours after the event, if the contract for Field Review of Construction is terminated at any time during construction.

Sign and affix below the seal of the Architect or licensed Professional Engineer in accordance with provincial legislation. ____________________________________________ Print Name ____________________ ______________________ Signature Initials Sample ____________________________________________ Print Name of Firm or Company ____________________________________________ Print Address ____________________________________________ Print Municipality Postal Code ____________________________________________ Telephone Fax E-mail Affix below the seal of the licensed Professional Engineer or Architect in accordance with provincial legislation, where applicable. © NS Office of the Registrar of Regulations.

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Schedule “A-11” Certification of Field Review of Construction NOTE: This letter must be signed by a licensed Architect, Interior Designer, or Professional Engineer as appropriate in accordance with provincial legislation and must be submitted after completion of the project but before the occupancy permit is issued. A separate letter must be submitted by each architect, interior designer, or professional engineer hired by the owner or prime consultant.

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

G Building Design G Interior Design G Structural G Plumbing G Mechanical G Electrical G Geotechnical G Fire Suppression System G Resource Conservation- Energy _______________________________________________ Print Name ______________________ _______________________ Signature Initials Sample _______________________________________________ Print Name of Firm or Company _______________________________________________ Print Address _______________________________________________ Print Municipality Postal Code _______________________________________________ Telephone Fax e-mail Affix below the seal of the licensed Architect, Interior Designer, or Professional Engineer in accordance with provincial legislation, where applicable. 510 © NS Office of the Registrar of Regulations.

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Schedule “B” Design Data for Selected Locations in Nova Scotia It is not practical to list design values for all municipalities in Nova Scotia, in Appendix C of the National Building Code of Canada, Table C-2 Design Data for Selected Locations in Canada. Design values for locations not listed can be obtained by writing to the Atmospheric Environment Service, Environment Canada, 4905 Dufferin Street, Downsview, Ontario M3H 5T4 or by contacting (416) 739-4365. Seismic values for those not listed may be obtained through the Natural Resources Canada Website at www.earthquakescanada.ca, or by writing to the Geological Survey of Canada, 7 Observatory Crescent, Ottawa, ON, K1A 0