S-3, r. 2 - Regulation respecting safety in public buildings

Section 6 Disposition versions

2012-09-01

6. Scope:

(1)  Subject to section 2 of the Regulation respecting the application of a Building Code - 1990 (O.C. 1440-93, 93-10-13), to section 2 of the Building Code - 1985 Regulation (chapter S-2.1, r. 0.1), to section 3 of the Regulation respecting the application of a Building Code (O.C. 912-84, 84-04-11) and to subsection 2 of section 2.1.1 of the Building Code (R.R.Q., 1981, c. S-3, r. 2), this Regulation applies to any building built before 1 December 1976 or whose construction began before that date.

However, sections 7, 33, 36, 44, 50 and 51, as well as paragraphs e, e.1, f and g of section 3, subsection 6 of section 4, subsections 4, 4.1 and 4.2 of section 6, subsection 1 of section 18 with regard to partitions or movable screens, subsections 2 and 3 of section 18, subsection 5 of section 24 and subsection 1 of section 45 also apply to a constructed building or to a building whose construction began after that date.

Futhermore, section 32.1 applies to the buildings subject to the Building Code.

(1.1)  Only sections 1, 1.1, 2, 4, 5, 7, 8.1, 11.1, 14, 15, except paragraph c, 16.1, 31, 32.1, except paragraph a of subsection 1, 34, as well as paragraphs a, b, e, f and g of section 3, subsections 1.1, 2 and 4 of section 6, subsection 6 of section 10, subsections 1 and 2 of section 12, subsections 1, 3 and 4.1 of section 17, subsection 2, except paragraph c, and subsections 5.1 and 8 of section 18, subsection 5 of section 21, subsection 3 of section 26, paragraphs c and d of subsection 1 and paragraphs b and d of subsection 2 of section 21, paragraphs a, c, e, g, h and j of subsection 2 of section 26, subparagraph i of paragraph a and paragraph b of subsection 1 as well as paragraphs a and c of subsection 2 of section 38, paragraphs a, b and d of subsection 1 and paragraph b of subsection 2 of section 42 as well as the fourth paragraph of section 8, and the first paragraph of sections 13 and 38 apply to every family-type building, except paragraphs f and g of section 3 which, apply only to family-type day care centres.

(2)  In cases should it be difficult to apply certain provisions of the Regulation due their effect, to ensure safety in the building, an owner may submit alternative measures to the person designated by the Minister of Labour, which may be accepted by that person.

(3)  Any new building whose part thereof is used as a public building shall be considered as a public building in its entirety.

(4)  Old people’s homes, shelters, day-nurseries, convalescent homes, educational establishments and rehabilitation centres harbouring or receiving no more than 9 persons shall not be considered as public buildings.

(4.1)  A family-type hotel not more than 2 storeys high is not considered a public building.

(4.2)  A monastery, a convent or a novitiate, whose owner is an incorporated religious corporation under a special Act of Québec or the Religious Corporation Act (chapter C-71), which constitutes a building or part thereof divided by a firewall within the meaning of the National Building Code of Canada 1990, NRCC English edition, Nº 30620, published by the National Research Council of Canada, shall not be considered a public building, provided that the building or part thereof complies with the following conditions:

(a)  it is occupied by no more than 30 persons;

(b)  it has no more than 3 stories in building height.

(4.3)  A monastery, a convent or a novitiate built before 1 December 1976, not excluded within the meaning of subsection 4.2, of which at least 90% of the occupants are monks or novices and whose owner is an incorporated religious corporation under a special Act of Québec or the Religious Corporation Act, (chapter C-71), shall conform to the requirements of this Regulation unless the owner shows that this building complies with the provisions of the Building Code 1990 (O.C. 1440-93, 93-10-13), concerning:

(a)  the closures situated in the firewalls which are provided for in subsection 3.1.8 of the Code;

(b)  the fire alarm and detection systems which are provided for in subsection 3.2.4 of the Code;

(c)  the exit enclosure and the integrity of exists which are provided for in section 3.4 of the Code.

To that end, the owner shall send to the Régie du bâtiment du Québec an attestation issued by a professional within the meaning of the Professional Code (chapter C-26), specialist on the subject, certifying the compliance with the requirements listed in subparagraphs a to c of the first paragraph and, subsequently every 5 years.

(5)  In a multiple occupancy building, safety measures applying to the most hazardous occupancy, apply to the whole building.

R.R.Q., 1981, c. S-3, r. 4, s. 6; O.C. 913-84, s. 1; O.C. 2449-85, s. 2; O.C. 88-91, s. 6; O.C. 1441-93, s. 2; O.C. 466-95, s. 2; O.C. 783-97, s. 1; O.C. 1477-97, s. 2; O.C. 1477-97, s. 2.