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Acts and Regulations

2014-106 - Community Planning Act

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NEW BRUNSWICK

REGULATION 2014-106

under the

Community Planning Act

(O.C. 2014-296)

Filed August 12, 2014

1Section 2 of New Brunswick Regulation 2011-61 under the Community Planning Act is amended by repealing the definition “Code” and substituting the following:

“Code” means the National Building Code of Canada 2010.(Code)

2Section 5 of the English version of the Regulation is repealed and the following is substituted:

5The structure of the numbering system of the building code as set out in Schedule 1 is as follows:

1	Part
1.2.	Section
1.2.3.	Subsection
1.2.3.4.	Article
1.2.3.4.(5)	Sentence
1.2.3.4.(5)a)	Clause
1.2.3.4.(5)a)(i)	Subclause

3Schedule 1 of the Regulation is amended

(a) in Sentence 3.8.1.1.(1)

(i) by repealing Clause (a) and substituting the following:

(a) detached houses, semi-detached houses, houses with a secondary suite, duplexes, triplexes, town houses, row houses and boarding houses (See A-1.4.1.2.(1) in Appendix A of the Code),

(ii) in Clause (d) of the English version by striking out “the Minister of Culture, Tourism and Healthy Living under the Tourism Development Act, 2008” and substituting “the Minister, as defined in the Tourism Development Act, 2008”;

(b) in Sentence 3.8.1.2.(6)

(i) in Clause a) of the English version by striking out “and” at the end of the Clause;

(ii) in Clause b) by striking out the period at the end of the Clause and substituting a comma;

(iii) by adding after Clause b) the following:

(c) security card access locks shall be located on the latch side of the door at a height of not more than 920 mm and shall be illuminated or colour contrasted, and

(d) the security card shall be textured or have tactile characters on it.

c(5)When the headroom of an area in a barrier-free path of travel is less than 1 980 mm, a guardrail or other barrier with its leading edge at a height of not more than 680 mm shall be provided.

(d) by adding after Article 3.8.1.5. the following:

3.8.1.6.(1)All portions of a barrier-free path of travel shall be equipped to provide a level of illumination in accordance with the requirements of Sentence 3.2.7.1.(1) of the Code.

(e) in Clause 3.8.2.1.(1)c) by striking out “device.” and substituting “device. (See A-3.3.1.7. in Appendix A of the Code.)”;

(f) in Article 3.8.2.3.

(i) in Clause (2)a) by striking out “a suite of residential occupancy” and substituting “a suite of residential occupancy or a suite of care occupancy”;

(ii) in Sentence (7) of the English version by striking out “disabled persons” and substituting “persons with physical disabilities”;

(g) by repealing Article 3.8.3.1. and substituting the following:

g(1)When a building is required to have a barrier-free entrance to accommodate persons with physical disabilities, the location of the entrance and ramps serving that entrance shall be identified by the international symbol of accessibility for persons with physical disabilities. (See Appendix A of the Code.)

g(2)When a washroom, elevator, telephone or parking area is required to accommodate persons with physical disabilities, its location shall be identified by the international symbol of accessibility for persons with physical disabilities and such other graphic, tactile or written directions as are needed to indicate the type of facility available.

g(3)If a washroom is not designed to accommodate persons with physical disabilities in a storey in which a barrier-free path of travel is required, the location of the barrier-free facilities shall be identified.

g(4)The location of facilities for persons with hearing disabilities shall be identified by the international symbol of accessibility for persons with hearing disabilities.

g(5)The location of exits that are accessible to persons with physical disabilities shall be identified by the international symbol of accessibility for persons with physical disabilities.

g(6)Characters, symbols or pictographs on tactile signs that are wall mounted shall be located at a height of between 1 200 mm and 1 500 mm.

(h) by repealing Article 3.8.3.2. and substituting the following:

h(1)Exterior walks that form part of a barrier-free path of travel shall

(a) have a continuous plane without steps or abrupt changes in level,

(b) have a permanent, firm and slip-resistant surface that is a different texture than that surrounding it,

(d) be designed as a ramp if the slope is more than 1 in 20,

(e) be level with adjacent walking surfaces, and

(f) be free from obstructions to a height of not less than 1 980 mm with the exception of handrails that do not project more than 100 mm from either side.

h(2)When a difference in elevation between levels in a walkway is not more than 200 mm, a curb ramp may be provided.

h(3)Despite Sentence (1), a curb ramp under Sentence (2) shall have

(a) a slope of not less than 1 in 12,

(b) a width of not less than 1 200 mm exclusive of flared sides,

(i) is slip-resistant,

(ii) has a detectable warning surface that is colour and texture contrasted with adjacent surfaces, and

(iii) has a smooth transition from the curb ramp and adjacent surfaces, and

(d) flared sides with a slope of not more than 1 in 12 when pedestrians are likely to walk across them.

h(4)Despite Clause 3.8.3.4.(1)e), a curb ramp does not require handrails or guards.

(i) in Article 3.8.3.3.

(i) in Sentence (5) by striking out the portion preceding Clause a) and substituting the following:

i(5)Except as provided in Sentences (6) and (12), every door that provides a barrier-free path of travel through an entrance referred to in Article 3.8.1.2., including the interior doors of a vestibule, shall be equipped with a power door operator that allows persons to activate the opening of the door from either side if the entrance serves

(ii) in Sentence (6) by striking out “assembly occupancy, business” and substituting “assembly occupancy, care, business”;

(iii) in Sentence (7) by striking out “Subject to Sentence (8)” and substituting “Except as permitted in Sentence (8)”;

(iv) by adding after Sentence (15) the following:

iv(16)When a door in a barrier-free path of travel has a vision panel, the panel shall be not less than 75 mm in width and shall be located so that

(a) the bottom of the panel is not more than 900 mm above the finished floor, and

(b) the edge of the panel closest to the latch is not more than 250 mm from the latch side of the door.

iv(17)A door in a barrier-free path of travel consisting of a sheet of glass shall be marked with a continuous opaque strip that shall be

(a) colour and brightness contrasted with the rest of the door,

(b) not less than 50 mm in width, and

iv(18)The control for a power door operator under Sentence (5) shall

(a) have a face dimension of not less than 100 mm,

(b) have its centre located between 1 000 mm and 1 100 mm above the floor level or ground,

(d) display the international symbol of access for persons with physical disabilities.

(j) in Sentence 3.8.3.4.(1)

(i) in Clause a) by striking out “handrails,” and substituting “handrails (See A-3.4.3.4. in Appendix A of the Code),”;

(ii) in Subclause d)(ii) of the English version by striking out the “and” at the end of Subclause;

(iii) by repealing Clause e) and substituting the following:

(e) subject to Sentence (2), be equipped with handrails and guards conforming to Articles 3.4.6.5. and 3.4.6.6. of the Code,

(iv) by adding after Clause e) the following:

(f) have railings or other barriers that extend not more than 50 mm from the finished ramp surface on any side of the ramp where a solid enclosure or solid guard is provided, and

(g) have a curb not less than 50 mm high on any side of the ramp where a solid enclosure or solid guard is not provided.

(k) by adding after Sentence 3.8.3.5.(1) the following:

k(2)A passenger-elevating device shall conform to Appendix E of ASME A17.1/CSA B44, Safety Code for Elevators and Escalators in accordance with Sentence 3.5.2.1.(3) of the Code.

(l) by repealing Clause 3.8.3.8.(1)b) and substituting the following:

(b) be equipped with a door that

(i) can be latched from the inside with a mechanism that is operable by one hand,

(ii) provides a clear opening of not less than 800 mm wide when it is open,

(iii) swings outward, unless there is a floor area of not less than 760 mm by 1 220 mm in the stall or enclosure to permit the door to be closed without interfering with a wheelchair (See Appendix A of the Code),

(iv) has spring-type or gravity hinges to permit the door to close automatically,

(v) has a door pull on the outside, near the latch side of the door, and

(vi) is aligned with the clear manoeuvring space adjacent to the water closet,

(m) in Sentence 3.8.3.9.(1)

(i) in Clause d) of the English version by striking out “and” at the end of the Clause;

(ii) in Clause e) by striking out "wall.” and substituting “wall, and”;

(iii) by adding after Clause e) the following:

(f) if the water closet is equipped with a toilet paper dispenser, be equipped with a toilet paper dispenser that is

(i) wall mounted,

(ii) below the grab bar,

(iii) in line with or not more than 300 mm in front of the toilet seat, and

(iv) not less than 600 mm above the floor.

(n) by repealing Clause 3.8.3.12.(1)d) and substituting the following:

(d) have one water closet in accordance with the requirements of Article 3.8.3.9. that has clearance to the walls so that its centre line is 460 mm from the wall with the grab bar and 1 030 mm from any obstruction on the other side wall,

(o) in Article 3.8.3.13.

(i) in Sentence (1) in the portion preceding Clause a) by striking out “a suite of residential occupancy” and substituting “a suite of residential occupancy or a suite of care occupancy”;

(ii) in Sentence (2) by striking out “Group B, Division 2 care” and substituting “care occupancy”.

4This Regulation comes into force on January 1, 2015.