Acts and Regulations

2021-2 - General

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2021-2
under the
Building Code Administration Act
(O.C. 2021-23)
Filed January 28, 2021
Under section 22 of the Building Code Administration Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Building Code Administration Act.
Definitions
2The following definitions apply in this Regulation.
“accessory building” means a building located on the same lot as the main building to which it is accessory and which has a use that is naturally or customarily incidental or complementary to the main use of the land or building but does not include a building designed for public congregation.(bâtiment accessoire)
“Act” means the Building Code Administration Act.(Loi)
“constructor” means a person constructing a building, and includes a contractor and subcontractor.(constructeur)
2021-41
Adoption of codes
3(1)For the purposes of the definition “Code” in section 1 of the Act, the National Building Code of Canada 2015, as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, is adopted.
3(2)The National Energy Code of Canada for Buildings 2011, as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, is adopted.
REQUIREMENTS APPLICABLE THROUGHOUT THE PROVINCE
Application
4Sections 5 to 12 apply throughout the Province.
Exemptions
5The following are exempt from the application of the Act, this Regulation and the Code:
(a) an accessory building with a total floor area that is not greater than 55 m2 and that is not intended for overnight accommodation;
(b) a building on a construction site that is intended to be used only during the course of construction on the site and that is not intended for overnight accommodation;
(c) a building with a total floor area that is not greater than 58.06 m2 that is intended for overnight accommodation; and
(d) a temporary building which is not intended to remain where it is erected or located for more than 28 days.
2021-41; 2021, c.45, s.4
Notice of commencing construction
6(1)Before commencing construction or demolition work, an owner or a person acting on behalf of the owner shall provide written notice to the local government or regional service commission, as the case may be, with the following information: 
(a) the date on which work on the building site is to commence;
(b) the names of all constructors, architects, engineers or designers, as the case may be, that will perform work with respect to the building or demolition permit; and
(c) the name of all inspection or testing agencies engaged to monitor the work or part of the work.
6(2) During the course of construction, the owner or a person acting on behalf of the owner shall, as soon as practical, give written notice to the local government or regional service commission of any change in, or termination of, the employment of a person referred to in subsection (1), and in no case shall the notice be given later than 72 hours after the change in, or termination of, the employment.
Posting on the premises
7(1)For the purpose of section 8 of the Act, an owner or a person acting on behalf of the owner shall ensure that a copy of the building or demolition permit, as the case may be, is posted before the construction or demolitions work begins and shall remain posted until the completion of the work.
7(2) An owner or a person acting on behalf of the owner shall ensure that all approved plans and specifications related to the building and construction are made available to the building inspector on the premises referred to in section 8 of the Act during working hours.
Obligations of constructor
8(1)In addition to the requirements of the Act, a constructor shall construct a building in accordance with
(a) the National Energy Code of Canada for Buildings 2011 adopted under subsection 3(2),
(b) the description of the construction work contained in the building permit, and
(c) any plans approved by the building inspector.
8(1.1)Despite subsection 3(1), a constructor may build a building in accordance with the National Building Code of Canada 2010, as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, and that code is adopted for the purposes of the definition “Code” in section 1 of the Act, if the constructor is issued a building permit on or before December 31, 2021, and the construction work
(a) is commenced within 12 months after the date the permit is issued, and
(b) is not discontinued or suspended for a period of 90 consecutive days or more.
8(2)If the work for which a building permit is issued is not under the control of a constructor, the owner shall be deemed to be the constructor and accept the responsibilities and obligations of the constructor.
2021-41
Stages of construction
9(1)For the purposes of subsection 9(2) and section 10 of the Act, at least one inspection shall be made at each of the following stages of construction: 
(a) on the completion of the footings and foundations, but before the commencement of any backfilling;
(b) on substantial completion of structural framing; and
(c) on completion of construction or before occupation of the building.
9(2)Factory-built homes, modular homes and manufactured homes that are constructed to the following standards are not subject to inspection at the stage of construction referred to in paragraph (1)(b): 
(a) the National Standard of Canada CAN/CSA A277-16 Procedure for certification of prefabricated buildings, modules, and panels; and
(b) the National Standard of Canada CAN/CSA-Z240 MH Series-16 Manufactured Homes.
Notice of readiness for inspection
10(1)For the purposes of section 10 of the Act, the notice of readiness for inspection sent by an owner or a person acting on behalf of the owner shall contain the following: 
(a) the civic address and the Service New Brunswick parcel identifier number for the property referred to on the permit;
(b) the stage of construction referred to in section 9;
(c) the requested date and time for the inspection;
(d) the telephone number of the owner or a person acting on behalf of the owner; and
(e) any other electronic means of communication of the owner or the person acting on behalf of the owner accepted by the local government or regional service commission.
10(2)An inspection shall be made within two days of the receipt of the notice of readiness for inspection, or the date and time agreed to by the building inspector and the owner or a person acting on behalf of the owner.
Retention of documents
11(1)A building inspector shall maintain a registry of all applications received, permits and orders issued, inspections and tests made, and shall keep copies of all documents related to the performance of the building inspector’s duties.
11(2)Local governments and regional service commissions shall keep copies of the following documents for a period of no less than seven years from the date of completion of the work to which the building or demolition permit applies: 
(a) all applications for building permits and demolition permits;
(b) the building permits and demolition permits issued;
(c) any orders made by a building inspector under section 14 of the Act;
(d) any inspection reports and tests; and
(e) any other document or electronic record related to the administration of the Act.
Request for information
12Local governments and regional service commissions shall answer any relevant question as may be reasonable with respect to the provisions of the Act, the regulations and the Code when requested to do so, but shall refrain from assisting in the laying out of any work and from acting in the capacity of a designer or engineering or architectural consultant.
REQUIREMENTS APPLICABLE TO LOCAL GOVERNMENTS THAT HAVE NOT MADE A BUILDING BY-LAW AND TO RURAL DISTRICTS
2021, c.44, s.32
Application
13Sections 14 to 17 apply to local governments that have not made a building by-law under subsection 5(3) of the Act and to rural districts.
2021, c.44, s.32
Application for permits
14(1)An application for a building permit shall include the fee referred to in paragraph 15(a) and contain the following information: 
(a) the name, telephone number, civic address and email address of
(i) the owner or a person acting on behalf of the owner, as the case may be,
(ii) all constructors, architects, engineers or designers that will perform work with respect to the building permit,
(iii) all inspection or testing agencies engaged to monitor the work or part of the work;
(b) the location of the property on which the work is to be performed, its civic number, street name, lot number, property identification number or any other information that could be used to locate the property;
(c) a copy of the property account number with respect to the work;
(d) a detailed description of the scope of the work to be performed;
(e) the approximative cost of the work to be performed;
(f) a description of the intended use of the building or structure;
(g) a copy of the specifications and legible scale drawings of the site and building or structure with respect to the proposed work to be carried out and any other related document required by the building inspector; and
(h) a description of any special building system, material or appliance.
14(2)An application for a demolition permit shall include the fee referred to in paragraph 15(b) and contain the following information: 
(a) the location of the property on which the work is to be performed, its civic number, street name, lot number, property identification number or any other information that could be used to located the property; and
(b) a detailed description of the scope of the work to be performed.
Fees
15The fee for a building permit or demolition permit shall be the following: 
(a) for a building permit, $25 plus $5 for each $1,000 of the estimated construction cost of the work to be performed, and
(b) for a demolition permit, $25.
Refusal to issue permit
16A building inspector may refuse to issue a building or demolition permit if
(a) the application for the permit is incomplete or contains information that is false,
(b) the fee for the permit has not been paid, or
(c) the information provided is not sufficient to determine compliance with the Code.
Suspension or revocation of permit
17(1)A building inspector may suspend or revoke a building or demolition permit if
(a) there is contravention of the Act, the regulations or the Code or any term or condition under which the permit was issued,
(b) the permit was issued in error, or
(c) the permit was issued on the basis of incomplete or false information.
17(2)A building inspector shall notify in writing the owner or a person acting on behalf of the owner of the suspension or revocation of the permit.
17(3)A building inspector shall reinstate a permit that has been suspended if all requirements under the Act, the regulations and the Code and the terms and conditions under which the permit was issued are complied with.
Commencement
18This Regulation comes into force on February 1, 2021.
N.B. This Regulation is consolidated to January 1, 2023.