Division C
Administrative Provisions

Part 1AAdministration — Building

Section 1A.8. Permission to Occupy Buildings

1A.8.1. Scope

1A.8.1.1. Exemptions for an Occupancy Permit

1) Despite the requirements of Article 1A.8.3.1., an occupancy permit is not required for

a)one- or two-family dwellings, or

b)a change in the permitted occupancy within the same major occupancy provided the occupant load or the fire load is not increased and no construction has taken place.

1A.8.2. General

1A.8.2.1. Occupancy Permit Required

1) Except as permitted in Article 1A.8.1.1., no person shall occupy or allow the occupancy of any building, or part thereof, or occupy any building for a purpose other than the permitted occupancy, unless the owner has obtained an occupancy permit from the Chief Building Official.

2) A person shall not occupy or allow the occupancy of any building or part thereof in respect of which the Chief Building Official has issued an order to cease occupancy because of an unsafe condition until the owner has obtained a re-occupancy permit from the Chief Building Official.

1A.8.2.2. Partial Occupancy Permit

1) The Chief Building Official may issue an occupancy permit for partial occupancy of a building if, in the opinion of Chief Building Official, such occupancy would not jeopardize life or property.

2) The permit referred to in Sentence (1) shall apply only to an occupancy of a portion of a building under construction, and may be revoked as authorized by Article 1A.6.1.10. or for failure to comply with the building permit relating to that building or portion of the building.

1A.8.2.3. Temporary Occupancy Permit

1) The Chief Building Official may issue a temporary occupancy permit for a temporary use within an existing building, or for the limited use of a building approved according to Subsection 1A.7.7., or as otherwise provided in this By-law.

1A.8.2.4. Display of Occupancy Permit

1) Every owner shall permanently display the occupancy permit near the entrance of the building, or part thereof, for which such permit was issued.

1A.8.2.5. Posting of Lawful Use

1) The Chief Building Official may post in an appropriate place on any building not requiring an occupancy permit a notice which describes the uses to which the building may be lawfully put.

1A.8.3. Occupancy Requirements

1A.8.3.1. Occupancy Permit

1) Every owner shall obtain an occupancy permit from the Chief Building Official prior to any

a)occupancy of a building or part thereof after construction, partial demolition or alteration of that building,

b)change in the major occupancy of any building or part thereof, or

c)change in the permitted occupancy within the same Division of the major occupancy Group, where the occupant load or the fire load has increased.

[See Appendix A.]

1A.8.3.2. Notice of Occupancy or Change Prior to Occupancy

1) Every owner shall give notice in writing to the Chief Building Official

a)immediately upon any change in ownership or change in the address of the owner which occurs prior to the issuance of an occupancy permit, and

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

1A.8.3.3. No Unsafe Condition to Exist

1) Should occupancy occur prior to the completion of any work being undertaken that requires a permit, every owner shall ensure that no unsafe condition exists or will exist because of the work being undertaken or not completed.

1A.8.3.4. Re-occupancy Permit

1) Every owner shall obtain a re-occupancy permit from the Chief Building Official prior to any occupancy of a building or part thereof in respect of which the Chief Building Official has issued an order to cease occupancy because of an unsafe condition.

1A.8.4. Application for an Occupancy

1A.8.4.1. Building Data

1) The requirements of Subsection 1A.7.2. do not apply to an application for an occupancy permit provided such application includes

a)where no professional is required by Subsection 2.2.7., assurance by the owner that the building conforms to the accepted plans,

b)where professional field review is required by Subsection 2.2.7., letters of assurance in the forms set out in Schedules C-A and C-B,

c)the anticipated date of completion,

d)classification of the building as to types of occupancies,

e)number of storeys in the building,

f)gross floor area of each storey,

g)the allowable live loads for each floor area, and

h)such other information as may be required to illustrate the essential features of the building.

1A.8.5. Supporting Documents Required

1A.8.5.1. Construction and Life Safety Compliance

1) Every owner shall, at least 24 hours prior to the inspection for an occupancy permit, submit to the Chief Building Official as support for the assurance required in Clause 1A.8.4.1.(1)(b)

a)proof of compliance, for all materials, equipment or methods of construction,

b)letters of assurance in the forms set out in Schedules C-A and C-B,

c)a "Contractor's Material and Test Certificate", once the sprinkler systems have been flushed, inspected and tested to meet NFPA-13 standards,

d)a "Certificate of Verification" (or equal) together with the manufacturer's "Inspection Report", after the components of all fire alarm systems incorporating annunciator panels, have been inspected and verified to meet the manufacturer's specifications and this By-law, and the whole system or applicable portion thereof, has been tested by the manufacturer,

e)a "Fire Safety Plan" and "Record of Installed Fire Safety Systems", conforming to the Fire By-law, and

f)pursuant to Sentence 2.3.2.1.(4), a letter of assurance from the Fire Protection Consultant, containing the results of a field review, that verifies that the special devices or methods forming part of the alternative solution meet the intent of the accepted alternative solution.

1A.8.5.2. Fire Emergency Systems and Procedures

1) The owner of every building shall have prepared and reproduced onto durable material

a)the plan and record referred to in Clause 1A.8.5.1.(1)(e),

b)a "Preventive Maintenance and Testing Schedule" supplement, designed for the ongoing operation and testing of the life and fire safety systems, and

c)a "Maintenance Log Book", designed to list the ongoing tests carried out in connection with Clause (b).