s-2.1, r. 0.1 - Building Code — 1985 Regulation

Updated to 1 June 2024

This document has official status.

chapter S-2.1, r. 0.1

Building Code — 1985 Regulation

Act respecting occupational health and safety

(chapter S-2.1, s. 223).

This Regulation is applied by the Commission des normes, de l’équité, de la santé et de la sécurité du travail and concerns constructions begun after 24 January 1987 and alterations or additions made after that date. It has not been replaced or revoked and therefore continues to be applied by the CNESST.

DIVISION I INTERPRETATION

1. In this Regulation, unless the context indicates otherwise,

“building” means any structure used or intended for supporting or sheltering any use or occupancy;

“Code”: the National Building Code of Canada 1985, including the errata of October 1985 and January 1986, the revisions of January 1986, except the revisions relative to Subsection 9 of article 3.1.4.5, and the revisions of July and November 1986, January 1987 and January 1988, issued by the National Research Council of Canada.

O.C. 1958-86, s. 1; O.C. 996-91, s. 1.

DIVISION II SCOPE

2. A building the construction of which began after 24 January 1987 shall conform to the Code as amended by this Regulation.

The first paragraph of this section also applies to an alteration as defined in the Code or to an addition made after the 24 January 1987 to a building built before that date.

The Regulation respecting the application of a Building Code (O.C. 912-84, 84-04-11) may apply to such a building, to its alteration or addition where work begins before 24 January 1988.

O.C. 1958-86, s. 2.

3. If, in the case of an alteration as defined in the Code or of an addition to a building already built, some provisions of the Code are difficult to enforce because of their effect, the owner, to ensure safety in his building, may submit alternative measures to a person designated by the Minister of Labour, which may be accepted by that person.

O.C. 1958-86, s. 3.

4. A building or part thereof of combustible construction referred to in the second paragraph of section 2 is deemed to conform to the provisions of the Code requiring noncombustible construction provided that it is equipped with a fire detection and alarm system in accordance with Subsection 3.2.4 of the Code and with a sprinkler system in accordance with Articles 3.2.5.5 and 3.2.5.7 of the Code.

O.C. 1958-86, s. 4.

DIVISION III AMENDMENTS TO THE CODE

5. For the purposes of this Regulation, a reference in the Code to the Canadian Electrical Code, Part I, CSA C22.1-1986 is a reference to the Canadian Electrical Code, Part I (15th Edition), adopted by Order in Council 141-87 dated 28 January 1987, and to any subsequent amendments thereto.

O.C. 1958-86, s. 5; O.C. 996-91, s. 2.

6. For the purposes of this Regulation, the Code is amended as follows:

(1)  the following is substituted for the definition of “Barrier-free access” in Subsection 1.3.2:

““Barrier-free access” means a path of travel designed for use by persons with an incapacity resulting from a physical or sensory disability, including persons using wheelchairs, and incorporating ramps, elevators or other lifting devices where there is a difference in elevation between floor levels along the path of travel.”;

(2)  the following is substituted for the definition of “Authority having jurisdiction” in Subsection 1.3.2:

““Authority having jurisdiction” means the Commission des normes, de l’équité, de la santé et de la sécurité du travail, established under section 137 of the Act respecting occupational health and safety (chapter S-2.1).”;

(3)  in Table 3.1.14.A:

(a)  the words “librairies, museums and skating rinks” are added at the bottom of the list headed “Assembly uses” in Column I headed “Type of Use of Floor Area or Part Thereof”; and

(b)  The number “3.0” is added opposite the words “librairies, museums and skating rinks” in the column headed “Area per Person in m2”;

(3.1)  the following is substituted for Sentence 9 of Article 3.1.4.5:

“(9)  In addition to the exception provided for in Sentence 8, electrical wiring and cable with combustible jackets or sheathes may be used where one of the following conditions is fulfilled:

(a)  the wiring and cable does not char over more than 1.5 m when subjected to the Vertical Flame Test in Clause 4.11.4 of CSA C22.2 No. 0.3 “Test Methods for Electrical Wires and Cables”;

(b)  the wiring and cable are located in

i.  noncombustible conduit,

ii.  concrete slabs,

iii.  a concealed space in a wall,

iv.  masonry walls,

v.  a service room separated from the remainder of the building by fire separations having at least 1 hour fire-resistance rating.

If the wiring and cable referred to in Sentence b is located in vertical shafts in buildings within the scope of Subsection 3.2.6, it must be enclosed in noncombustible conduit.”;

(3.2)  the following is substituted for Sentence 3 of Article 3.1.7.2:

“(3)  Wiring, including single wires or groups of wires, that has combustible jackets or sheathes, that has an overall diameter of not more than 30 mm and that is not enclosed in noncombustible conduit may:

(a)  if it conforms to Sentence 3.1.4.5 (9) a, penetrate or cross an assembly required to have a fire resistance rating without being incorporated in the assembly at the time of testing as required in Sentence 1;

(b)  penetrate and cross a vertical assembly required to have a fire-resistance rating without being incorporated in the assembly at the time of testing as required in Sentence 1;

(c)  penetrate without crossing a horizontal assembly required to have a fire-resistance rating without being incorporated in the assembly at the time of testing as required in Sentence 1.”;

(4)  the following Sentence is added to Article 3.2.2.8:

“(3)  The requirements in Articles 3.2.2.12 to 3.2.2.20 for roof assemblies to have a fire resistance rating may be waived provided that:

(a)  the building or part thereof is used exclusively for non-spectator sports and has a light fire load, such as indoor swimming pools, tennis courts and skating rinks;

(b)  the roof is of noncombustible construction; and

(c)  the roof structure is at least 6 m above the floor.”;

(5)  the following is substituted for clause c of Sentence 1 of Article 3.3.1.4:

“(c) except for a shooting gallery where the occupant load is under 10, or for a dwelling unit where the area of the room or suite or the distance measured from any point within the room or suite to the nearest door opening onto a public corridor, a corridor used by the public or a corridor serving classrooms or patients’ bedrooms or opening directly to an exit exceeds the values given in Table 3.3.1A;”;

(6)  the following article is added after Article 3.3.7.9:

“Helicopter landing areas on roofs shall conform to the provisions of Section 2.13 of the National Fire Code of Canada 1985 (NRCC No. 23175) issued by the National Research Council of Canada.”;

(7)  the following is substituted for Subsection 3.3.5:

3.5.5. ELEVATORS, WHEELCHAIR PLATFORM LIFTS, DUMBWAITERS, SMALL DUMBWAITERS, ESCALATORS AND MOVING WALKS

“(1)  Every elevator, wheel chair platform lift, dumbwaiter, small dumbwaiter, escalator and moving walk shall conform to the Regulation respecting elevators, dumbwaiters, escalators and moving walks (R.R.Q., 1981, c. S-3, r. 1) and any subsequent amendments thereto.

“(2)  Elevators in buildings referred to in Subsection 3.2.6 shall conform to Articles 3.2.6.3 and 3.2.6.4.

“(3)  Arabic numerals indicating the assigned floor (storey) number shall be mounted permanently on both jambs of passenger elevator hoistway entrances in accordance with Appendix E of Supplement No. 3-1982 to CSA Standard B44, “Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks.””;

(8)  the following is substituted for Sentence 2 of Article 3.7.2.1:

“(2)  Assembly buildings shall have at least the number of spaces designated for wheelchair use required by Table 3.7.2.A as follows:

Tableau 3.7.2.A

___________________________________________________________________________________

Total number of       Minimum number of spaces         Minimum number of
seats in area or      required for wheelchairs         spaces required
space                 in buildings other than          for wheelchairs
                      educational institutions         in educational
                                                       institutions
___________________________________________________________________________________

  0 - 50              1                                2
  
 51 - 100             2                                4
 
101 - 500             2 + 1 per 100 additional         4 + 2 per 100 additional
                      seats or fraction thereof        seats or fraction thereof
                      
501 and over          6 + 1 per 400 additional         12 + 2 per 400
                      seats or fraction thereof        additional seats
                      up to 21 spaces                  or fraction thereof up
                                                       to 21 spaces
___________________________________________________________________________________ ;               

(9)  the following is substituted for Article 3.7.2.3:

“(1)  In a building with a barrier-free access, at least one washroom shall be accessible and designed to accommodate handicapped persons in conformance with the appropriate requirements in Articles 3.7.3.6 to 3.7.3.9.

“(2)  In addition to the washroom required in Sentence 1, where washrooms are provided for other floor areas with a barrier-free access, at least one washroom on each of these floor areas shall be designed to accommodate handicapped persons in accordance with the appropriate requirements in Articles 3.7.3.6 to 3.7.3.9 unless:

(a)  they are located within suites of residential occupancy; or

(b)  they have similar commodities.”;

(10)  the following is substituted for Sentence 2 of Article 3.7.3.5:

“(2)  The elevating devices in Articles 3.7.2.1 shall conform to the Regulation respecting elevators, dumbwaiters, escalators and moving walks (R.R.Q., 1981, c. S-3, r. 1) and any subsequent amendments thereto.”;

(11)  the following is substituted for Sentence 2 of Article 4.1.1.2;

“(2)  In cases covered by the Architects Act (chapter A-21), the designer shall be an architect, and in cases covered by the Engineers Act (chapter I-9), the designer shall be an engineer.”;

(12)  the following is substituted for Article 4.1.6.6:

“Helicopter landing areas on roofs shall be constructed in accordance with the provisions of the document entitled “Heliport and Helideck Design Criteria” No. TP2586, issued in April 1980 by Transport Canada.”;

(13)  the following is substituted for Article 7.1.2.1:

“Every plumbing system shall be designed and installed in accordance with the Plumbing Code (R.R.Q., 1981, c. I-12.1, r. 1), and any subsequent amendments thereto.”;

(14)  Part 8 entitled “Safety Measures at Construction and Demolition Sites” does not apply;

(15)  the words “Homes for the elderly” are added after the word “Dormitories” in the examples of Group C of A-3.1.2.A in Appendix A;

(16)  the number “30” is substituted for the number “25” wherever it occurs in Article 9.10.9.10.

O.C. 1958-86, s. 6; O.C. 996-91, s. 3.

DIVISION IV TRANSITIONAL AND FINAL

7. Subject to the third paragraph of section 2, this Regulation replaces, for the buildings covered by that section, the Regulation respecting the application of a Building Code (O.C. 912-84, 84-04-11).

O.C. 1958-86, s. 72.

8. (Omitted).

O.C. 1958-86, s. 8.

9. (Omitted).

O.C. 1958-86, s. 9.

REFERENCES

O.C. 1958-86, 1987 G.O. 2, 185

O.C. 996-91, 1991 G.O. 2, 2917

S.Q. 2015, c. 15, s. 237