Part 2

(1) The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that,

(a) identifies applicable objectives, functional statements and acceptable solutions, and

(b) establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A.

(2) The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.

(1) Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable.

(2) The results of tests or evaluations based on test standards other than as described in this Code may be used for the purposes of Sentence (1) if the alternate test standards provide comparable results.

(1) The Building Code Commission may sit in two or more divisions simultaneously so long as a quorum of each division is present.

(1) One member of the Building Code Commission may, with the approval of the chair or vice-chair, hear and determine any dispute set out in Sentence (2) and, for that purpose, the member has all the jurisdiction and powers of the Commission.

(2) The disputes referred to in Sentence (1) are,

(a) any dispute described in clause 24 (1) (a) of the Act respecting the sufficiency of compliance with technical requirements of this Code related to sewage systems, and

(b) any dispute described in clauses 24 (1) (b) or (c) of the Act.

(1) A hearing to decide a dispute described in Clause 2.2.1.2.(2)(b) shall be held not more than five days after the Commission receives an application for a hearing in a form approved by the Commission.

(2) The time period described in Sentence (1) commences on the day after the Commission receives the application and excludes Saturdays, holidays and all other days when the offices of the Government of Ontario are not open for the transaction of business with the public.

(1) No member of the Commission shall be,

(a) a member of the public service of Ontario,

(b) an employee of a principal authority, or

(c) a person who is registered under Article 3.4.3.2. as a registered code agency, an officer, director, partner or employee of a registered code agency or a person engaged by a registered code agency to perform functions under the Act on behalf of the registered code agency.

(1) The fee on an application to the Building Materials Evaluation Commission is $950.00.

(1) The following body is designated as a materials evaluation body for the purposes of clause 29 (1) (a) of the Act:

Canadian Construction Materials Centre of the National Research Council of Canada

(1) The Minister may impose terms and conditions, including conditions of termination, when making rulings under clause 29 (1) (a) of the Act adopting the evaluation report of a materials evaluation body designated in the building code.

(1) A ruling made under clause 29 (1) (c) of the Act may only approve the use of an alternative material, system or building design in a manner,

(a) that will, in the opinion of the Minister, achieve the level of performance that is required by this Code, and

(b) that is consistent with,

(i) a decision of the Building Code Commission in respect of a dispute described in clause 24 (1) (a) of the Act,

(ii) an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or

(iii) a revision of the National Building Code of Canada or the National Plumbing Code of Canada that has been approved by the Canadian Commission on Building and Fire Codes.

(1) Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public,

(a) by posting the interpretation on the Building Code website, and

(b) by providing a written copy of the interpretation on receipt of a request for it.

O. Reg. 350/06, Division C, Part 2.