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Building Code Amendments Now In Effect

As announced in CodeNews, the Ministry of Municipal Affairs and Housing (MMAH) made amendments (Ontario Regulation 867/21) to Ontario’s Building Code related to building permits and inspections for tiny homes, remote inspections for all buildings, and some general housekeeping. These are now effective as of January 1, 2022.

Code amendments related to tiny homes include:
• creating a two-permit system for tiny homes constructed in one municipality and to be located and occupied in another;
• allowing applicants to obtain a building permit and have “off-site” inspections done by the building official in the municipality where the home is constructed;
• requiring applicants to obtain a second building permit in the municipality where the tiny home will be located demonstrating compliance with site-specific conditions such as applicable law and requirements related to siting (e.g. ingress/egress, foundations, and anchoring);
• setting out responsibilities for the building officials in each municipality;
• setting out how the mandatory timelines apply in this two-permit system when different municipalities are involved.

Additionally, a new amendment (Article 1.3.5.3. of Division C of the Building Code) clarifies building officials have discretion to use alternative methods (e.g. remote inspections) when conducting inspections on the construction of all buildings.

Further, four housekeeping amendments update outdated references to other statutes in the list of applicable law to account for changes made in 2021 by the new Ontario Land Tribunal Act, 2021, as well as changes to the Ontario Heritage Act.

As well, the 2019 amendments related to stairs, guards, and handrails also came into effect on January 1, 2022. They relate to further harmonizing Ontario’s Building Code with the 2015 National Codes.

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