Bill 176 2009

An Act to amend the Building Code Act, 1992, the City of Toronto Act, 2006 and the Municipal Act, 2001 with respect to surge protectors in new residential and commercial buildings

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Building Code Act, 1992

   1.  (1)  Section 8 of the Building Code Act, 1992 is amended by adding the following subsection:

By-law, surge protectors

   (2.0.1)  The chief building official shall refuse to issue a permit to construct a building if,

  (a)  the municipality in which the proposed building will be erected has passed a by-law under,

           (i)  paragraph 12 of subsection 8 (2) of the City of Toronto Act, 2006,

          (ii)  paragraph 12 of subsection 10 (2) of the Municipal Act, 2001, or

         (iii)  paragraph 9 of subsection 11 (2) of the Municipal Act, 2001; and

  (b)  the proposed building does not comply with the by-law.

   (2)  Section 35 of the Act is amended by adding the following subsection:

Exception

   (2.1)  Despite subsections (1) and (2) and despite any provision in any Act or regulation, a municipal by-law prevails over any Act or regulation with respect to the requirement to install a surge protector in residential and commercial buildings for which a building permit application is made on or after September 1, 2010.

City of Toronto Act, 2006

   2.  (1)  Subsection 8 (2) of the City of Toronto Act, 2006 is amended by adding the following paragraph:

  12.  Installation of surge protectors in residential and commercial buildings for which a building permit application is made on or after September 1, 2010.

   (2)  Section 8 of the Act is amended by adding the following subsection:

Surge protectors

   (2.1)  Any surge protector required to be installed in a residential or commercial building by a by-law passed pursuant to paragraph 12 of subsection (2) shall comply with the standards in the building code made under the Building Code Act, 1992.

Municipal Act, 2001

   3.  (1)  Subsection 10 (2) of the Municipal Act, 2001 is amended by adding the following paragraph:

  12.  Installation of surge protectors in residential and commercial buildings for which a building permit application is made on or after September 1, 2010.

   (2)  Section 10 of the Act is amended by adding the following subsection:

Surge protectors

   (2.1)  Any surge protector required to be installed in a residential or commercial building by a by-law passed pursuant to paragraph 12 of subsection (2) shall comply with the standards in the building code made under the Building Code Act, 1992.

   (3)  Subsection 11 (2) of the Act is amended by adding the following paragraph:

    9.  Installation of surge protectors in residential and commercial buildings for which a building permit application is made on or after September 1, 2010.

   (4)  Section 11 of the Act is amended by adding the following subsection:

Surge protectors

   (2.1)  Any surge protector required to be installed in a residential or commercial building by a by-law passed pursuant to paragraph 9 of subsection (2) shall comply with the standards in the building code made under the Building Code Act, 1992.

Commencement and Short Title

Commencement

   4.  This Act comes into force on the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Municipal Residential and Commercial Surge Protector Act, 2009.

EXPLANATORY NOTE

The Bill amends the Building Code Act, 1992, the City of Toronto Act, 2006 and the Municipal Act, 2001 to authorize municipalities to pass by-laws requiring the installation of surge protectors in new residential and commercial buildings.  The chief building official shall refuse to issue a building permit if a proposed building does not comply with such a by-law. 

The by-laws, which may be passed with respect to residential and commercial buildings for which building permit applications are made on or after September 1, 2010, prevail over any Act or regulation. 

Surge protectors that are required to be installed by the by-laws must comply with standards specified in the building code.