(1)
This Article applies to a building,
(a)
that is 65 or more storeys in building height or more than 250 m in height, and
(b)
for which the applicant for the permit has provided notice in accordance with Sentence (6) to the chief building official that they intend to occupy or permit the building or part of the building to be occupied in accordance with this Article.
(2)
This Article applies to the occupation of a building where the structure and enclosing walls of the building are not completed to the roof.
(3)
For greater certainty, once the structure and enclosing walls of the building are completed to the roof, Article 1.3.3.1. applies to the authorization of occupation of the remainder of the building.
(4)
This Article does not permit the occupation of exterior balconies, podiums, terraces, platforms and contained open spaces.
(5)
This Article does not permit occupation if the means of egress are located on faces of the building where there is overhead lifting of heavy construction materials, elements and equipment.
(6)
The notice described in Clause (1)(b) must have been provided to the chief building official at the time the first application for a permit under section 8 of the Act is made in respect of the building.
(7)
No person shall occupy or permit to be occupied a building or part of a building described in Sentence (1) unless 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 in accordance with Sentence (8).
(8)
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 floor of the storey that is 10 storeys above the uppermost storey to be occupied, other than parts of the floor-ceiling assemblies that are unable to be completed because of the ongoing construction,
(b)
the enclosing walls of the building or part of the enclosing walls are completed to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,
(c)
the walls enclosing the space to be occupied are completed, including balcony guards,
(d)
all required fire separations and doors, including door hardware and self-closing devices, are completed on all storeys up to the floor of the storey that is 5 storeys above the uppermost storey to be occupied,
(e)
all required closures are completed on all storeys up to and including the uppermost storey to be occupied,
(f)
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,
(g)
all shafts, including closures, are completed to the floor-ceiling assembly that is 5 storeys above the uppermost storey to be occupied and have a temporary fire separation at such assembly,
(h)
all shafts in the parts of the building that are incomplete or are still under construction are protected against falling objects,
(i)
where there is a crane mast inside the building, walls acting as guards shall,
(i)
separate the crane mast from the parts of the building to be occupied, and
(ii)
be designed and constructed to withstand the loading values specified in Sentence 4.1.5.15.(1) of Division B, where the crane mast or part of the crane mast is located in a storage garage,
(j)
the ceiling of the floor-ceiling assembly above the uppermost storey to be occupied is complete and weather-tight and the floor-ceiling assembly is insulated to prevent condensation,
(k)
measures have been taken to,
(i)
separate the parts of the building to be occupied from the parts of the building and site that are incomplete or still under construction,
(ii)
prevent access to parts of the building and site that are incomplete or still under construction, and
(iii)
protect occupants and members of the public while construction is ongoing,
(l)
floors, halls, lobbies and required means of egress are free of loose materials and other hazards,
(m)
if service rooms should be in operation, required fire separations and closures are completed,
(n)
all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,
(o)
required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,
(p)
required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,
(q)
required ventilation is installed and operational for the floor areas to be occupied,
(r)
required sprinkler, fire alarm and smoke control systems, along with required pumper connections for the sprinklers, are complete and operational up to and including the storey to be occupied,
(s)
required standpipe systems are installed and operational up to the storey below the uppermost storey for which the structure of the building is complete, including required pumper connections for such standpipe systems,
(t)
required fire extinguishers have been installed on all storeys to be occupied and for which the structure of the building is complete,
(u)
main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,
(v)
required firefighting access routes have been provided and are accessible,
(w)
required elevators for use by firefighters are complete and tested as operational up to and including the storey immediately above the uppermost storey to be occupied,
(x)
a covered way is installed and complete over all required means of egress from the building, and all other areas on the property that can be accessed by occupants of the building, that,
(i)
has an unobstructed height of at least 2400 mm,
(ii)
has an unobstructed width of at least the width of the means of egress,
(iii)
is capable of supporting any loads likely to be encountered as determined by a professional engineer, including snow loads and impact loads from construction,
(iv)
has a weather-tight roof,
(v)
has partitions with smooth surfaces on the side accessible to occupants,
(vi)
has adequate lighting within the covered way, and
(vii)
otherwise complies with the requirements in Articles 3.8.1.3., and 3.8.2.2. of Division B, as applicable, and
(y)
the requirements set out in Sentences (9) to (13) are complied with.
(9)
The person to whom a permit under section 8 of the Act is issued in respect of the building, and such other person as the chief building official determines, shall,
(a)
agree in writing with the municipality to assume all risk in occupying or authorizing the occupation of the building or part of it in accordance with this Article and comply with such other conditions as the chief building official considers necessary, including the provision of security, indemnities and evidence of insurance, and
(b)
submit to the chief building official,
(i)
a plan for phasing of construction and occupancy,
(ii)
a site safety plan addressing the means to ensure safety of the occupants and public while construction is ongoing, including,
A.
measures to protect occupants and the public from risks associated with the lifting of heavy construction materials, elements and equipment,
B.
measures for safeguarding occupant wellbeing while construction is ongoing, including the disposal of construction debris, noise, dust, odour, harmful airborne chemicals, non-airborne contaminants, pests and vibrations, including the transfer of vibrations from concrete pumping and pouring to the parts of the building to be occupied, and
C.
measures to address risks, hazards and occupant comfort associated with the proximity of exterior crane masts, concrete pumping pipes and exterior hoists and their tie-back systems,
(iii)
a report from a professional engineer that attests,
A.
to the adequacy of the measures to safeguard life, health and property,
B.
that ongoing construction will not adversely impact the structural adequacy of the parts of the building to be occupied, and
C.
that the design of the climbing barriers, fall protection systems and horizontal and vertical safety nets meets the requirements of Sentence (11),
(iv)
a report from a third-party professional engineer that has reviewed the adequacy of the measures to safeguard life, health and property, if that review is required by chief building official, and
(v)
the report arising from the review conducted in accordance with Sentence (12).
(10)
Measures described in Clause (8)(k) shall include,
(a)
providing heat, hot water, cold water, gas, electricity, plumbing or other utility services for the parts of the building to be occupied separate from the services that serve the parts of the building that are incomplete or still under construction,
(b)
providing access to the parts of the building to be occupied, including access for occupants, vehicles and deliveries, that is separate and independent from access to the parts of the building and site that are incomplete or still under construction,
(c)
ensuring that elevators that serve the parts of the building to be occupied are not used for construction,
(d)
ensuring that access to the construction area, including any construction staging and loading areas, shall be on a different face of the building than the access to and within the parts of the building to be occupied,
(e)
installing temporary or permanent physical barriers to protect the parts of the building to be occupied from falling machinery, equipment, tools, construction materials and any other material or debris, and
(f)
installing climbing physical barriers, fall protection and horizontal and vertical safety nets in accordance with Sentence (11).
(11)
The climbing physical barriers, fall protection systems and horizontal and vertical safety nets referred to in Clause (10)(f), shall,
(a)
in the case of horizontal fall protection systems and safety nets, extend not less than 3 m from the face of the building,
(b)
be installed where there is construction on the exterior of the building or a storey that is unenclosed, and
(c)
be located immediately below the storey where the construction is located.
(12)
Prior to occupancy, the construction of the parts of the building to be occupied shall be reviewed by a professional engineer or an architect in accordance with Article 1.2.2.1.
(13)
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 (8) 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.