(1)

Except as permitted in Sentence 1.3.3.2.(1), a person may occupy or permit to be occupied any building or part of it that has not been fully completed at the date of occupation where the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it prior to its completion in accordance with Sentence (3).

(2)

Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. applies.

(3)

The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building, where,

(a)

the structure of the building or part of it is completed to the roof,

(b)

the enclosing walls of the building or part of them are completed to the roof,

(c)

the walls enclosing the space to be occupied are completed, including balcony guards,

(d)

all required fire separations and closures are completed on all storeys to be occupied,

(e)

all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails, from the uppermost floor to be occupied down to grade level and below if an exit connects with lower storeys,

(f)

all shafts including closures are completed to the floor-ceiling assembly above the storey to be occupied and have a temporary fire separation at such assembly,

(g)

measures have been taken to prevent access to parts of the building and site that are incomplete or still under construction,

(h)

floors, halls, lobbies and required means of egress are free of loose materials and other hazards,

(i)

if service rooms should be in operation, required fire separations and closures are completed,

(j)

all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

(k)

required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

(l)

required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,

(m)

required standpipe, sprinkler and fire alarm systems are complete and operational up to and including all storeys to be occupied, together with required pumper connections for such standpipes and sprinklers,

(n)

required fire extinguishers have been installed on all storeys to be occupied,

(o)

main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,

(p)

required firefighting access routes have been provided and are accessible, and

(q)

the sewage system has been completed and is operational.

(4)

Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of the building, the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (3) after receipt of a certificate for the occupancy of a building not fully completed issued by the registered code agency in respect of the building.

(5)

Where applicable, the chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of the building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.