1.3.3.4.Occupancy Permit — Certain Buildings of Residential Occupancy

(1) No person shall occupy or permit to be occupied a building described in Sentence (3), or part of it, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (4). (2) This Article does not apply in respect of the occupancy of an existing building, or part of it, that has been subject to extension or material alteration or repair. (3) A building referred to in Sentence (1) is a building intended for residential occupancy that, (a) is of three or fewer storeys in building height and has a building area not exceeding 600 m², (b) has no accommodation for tourists, (c) does not have a dwelling unit above another dwelling unit, (d) does not have any dwelling units sharing a common means of egress, and (e) does not contain a retirement home. (4) The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building described in Sentence (3), where, (a) the structure of the building with respect to the dwelling unit to be occupied is substantially complete and ready to be used for its intended purpose, (b) the building envelope, including, but not limited to, cladding, roofing, windows, doors, assemblies requiring fire- resistance ratings, closures, insulation, vapour barriers and air barriers, with respect to the dwelling unit to be occupied, is substantially complete, (c) the walls enclosing the dwelling unit to be occupied conform to Sentence 9.25.2.3.(7) of Division B, (d) required electrical supply is provided for the dwelling unit to be occupied, (e) required firefighting access routes to the building have been provided and are accessible, (f) the following building components and systems are complete and operational for the dwelling unit to be occupied: (i) required exits, floor access and egress systems, handrails, guards, smoke alarms, carbon monoxide alarms and fire separations, including, but not limited to, fire stops, (ii) required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and the dwelling unit, (iii) water supply, sewage disposal, lighting and heating systems, and (iv) protection of foamed plastics required by Article 9.10.17.10. of Division B, (g) the following building components and systems are complete, operational and tested for the dwelling unit to be occupied: (i) water system, (ii) building drain and building sewer, and (iii) drainage system and venting system, (h) required plumbing fixtures in the dwelling unit to be occupied are substantially complete and operational, and (i) where applicable, the building conforms to Article 9.1.1.7. of Division B with respect to the dwelling unit to be occupied. (5) Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence (3), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (4) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C issued by the registered code agency in respect of the building. (6) Where applicable, the chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of the building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.