Regulation - Minister

Proposed Interim Changes to the 2012 Building Code under the Building Code Act, 1992

Regulation Number(s):
O. Reg. 332/12
Instrument Type:
Regulation - Minister
Bill or Act:
Building Code Act, 1992
Summary of Proposal:
Ontario's Building Code (O. Reg. 332/12) is a regulation under the Building Code Act, 1992 which sets out minimum administrative and technical requirements for new construction, renovation and change of use of buildings.

Amendments are being proposed to the 2012 Building Code to support More Homes, More Choice: Ontario's Housing Supply Action Plan. The Ministry of Municipal Affairs and Housing is asking for input on potential changes:
- to phased occupancy requirements for super-tall buildings and,
- to remove barriers to multi-residential modular construction projects.

The Ministry is also seeking input on proposed amendments that would establish a notification program for fire departments.

Phased Occupancy of Super-tall Buildings

As condominium buildings and other skyscrapers are becoming taller, construction is taking longer, meaning that the occupancy of "super-tall" buildings may take as many as five to six years. These delays regarding occupancy are increasing costs and in the case of condos, contributing to reduced affordability.

The Ministry is exploring opportunities to allow safe occupancy of lower floors before the building's structure and enclosing walls are completed. This could help reduce delays for businesses to open their doors and allow people to move into housing.

Input is requested on whether prescriptive requirements to allow earlier partial occupancy for super tall buildings should be developed for inclusion in the Building Code and what those requirements should be.

Modular construction of multi-unit residential buildings

Under the Building Code, a Canadian Standards Association (CSA) (CSA A277) standard that regulates the construction of factory-built buildings currently only applies to factory-built houses.

Amending the Building Code so that the standard can be relied upon for larger buildings, such as multi-unit residential buildings, would reduce barriers, potentially speed up the construction process with less disruption to existing neighbourhoods, and create greater housing supply.

Truss and lightweight construction notification program
In 2011, two firefighters died fighting a fire in Listowel when a commercial building's roof structure, which was constructed of a truss and lightweight system, collapsed on them. Subsequently, requirements were proposed to identify buildings that are constructed using these systems to alert firefighters in the event of fire.

The Ministry is seeking input on an amendment to the Building Code that would require local building departments to provide relevant information to local fire departments when a building permit has been issued for a building other than a house, constructed with a truss and lightweight system.
Analysis of Regulatory Impact:
Work is currently underway analyzing possible administrative and compliance costs to municipalities, businesses and individuals that may result from this regulatory proposal. To inform this analysis we encourage you to provide your feedback.
Further Information:
Proposal Number:
Posting Date:
February 11, 2022
Comments Due Date:
March 14, 2022
Contact Address:
Ministry of Municipal Affairs and Housing
Building and Development Branch
777 Bay Street
16th Floor
Toronto Ontario
M7A 2J3