(1)

A person may occupy or permit to be occupied a building intended for residential occupancy that has not been fully completed at the date of occupation provided that,

(a)

the building,

(i)

is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

(ii)

has not more than 1 dwelling unit above another dwelling unit,

(iii)

has not more than 2 dwelling units sharing a common means of egress,

(iv)

has no accommodation for tourists, and

(v)

is not used for a retirement home,

(b)

the following building components and systems are complete, operational and inspected:

(i)

required exits, handrails and guards, fire alarm and detection systems, and fire separations,

(ii)

required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and a dwelling unit,

(iii)

water supply, sewage disposal, lighting and heating systems, and

(iv)

protection of foamed plastics required by Article 9.10.17.10. of Division B,

(c)

the following building components and systems are complete, operational, inspected and tested:

(i)

water systems,

(ii)

building drains and building sewers, and

(iii)

drainage systems and venting systems, and

(iv)

where applicable, the building conforms to Article 9.1.1.7. of Division B.

(2)

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

(3)

Where applicable, a person shall not occupy or permit to be occupied a building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.