Can a building permit be obtained for repairs, alterations or installations (such as sprinkler systems) required by the Fire Code, where the requirements in the Fire Code are less stringent than parallel requirements under the Building Code?
Subsection 8.(2) of the Building Code Act stipulates that a Chief Building Official can only issue a building permit if the proposed construction will not contravene the Building Code. Subsection 22.(2) of the Fire Protection and Prevention Act (FPPA) states that if repairs, alterations or installations are carried out in compliance with either an inspection order made under subsection 21.(1) of the FPPA or to comply with the Fire Code, these shall be deemed not to contravene the Building Code. As a result, a building permit may be issued for this work.
Please see the December 19, 2014 letter sent by the Fire Marshal and the Director of the Building and Development Branch (Ministry of Municipal Affairs and Housing) to municipal chief administration officers, chief building officials and fire chiefs.