Ex-Premier Jean Charest and his cabinet probably had the safety of citizens in mind when, on June 20, 2012, they introduced the draft regulation entitled "Regulation to improve building safety"1 (the "Regulation"), which would amend the Safety Code of Québec (the "Code") adopted under the Building Act2. This Regulation, if enacted by the new government, would amend the Code by adding a new chapter entitled "Buildings".

The Regulation sets out the standards applicable for the territory of Quebec that owners, occupiers and users must comply with to improve building safety. It contains applicable construction standards that would ensure the safety, soundness and protection of buildings from fire and structural damage. It would also introduce provisions, which would be more restrictive than the initial construction requirements, for sleeping accommodations and care occupancies, including special requirements for private seniors' residences subject to the certification mechanism of the ministère de la Santé et des Services sociaux. The Regulation also contains provisions concerning the inspection and maintenance of building façades and multistorey garages.

As of the date of this bulletin, the Regulation has not been enacted by the government. If it were enacted in its entirety, what would be the immediate consequences for the owners?

In practical terms, owners would have to comply with new standards for fire alarm and detection systems. These standards will simply implement the fire protection provisions contained in the National Fire Code of Canada.3 Also, more rigourous and periodical maintenance will be necessary for building façades and underground and aboveground multistorey garages.

The maintenance of building façades will be required for any building having five or more storeys above ground. A register must be kept on the premises during the lifetime of the building to record certain basic information. Among other things, a description of the repair work, maintenance work and modifications made to the façade, as well as verification reports, must be included in or appended to this register. In addition, every 5 years, the building owner must obtain a verification report from an engineer or architect stating that the building's façades are not in a dangerous condition, and that recommendations have been made for the correction of deficiencies, if any are found. Also, special conditions apply concerning the frequency for obtaining verification reports when buildings are more than 10 years old.

The same reasoning applies to the verification of multistorey garages. A register must be kept on the premises of the garage for recording basic information, including the owner's name, description of work done, etc. In addition, the Regulation also requires the owner to conduct an annual verification of the multistorey garage. This verification must take the form of an information sheet (contained in the Regulation), describing the specific conditions observed and supported by dated photographs. Furthermore, every 5 years, the owner must obtain an in-depth verification report from an engineer. Finally, an additional verification of the multistorey garage will be required if any event should occur that could affect its structural behaviour.

This bulletin provides a summary of the responsibilities and additional costs that will apply to the owners of buildings covered by the Regulation. If the draft regulation is ultimately enacted, it is hoped that the rationale of safety underlying the regulation will serve as a guide for the owners who are subject to it.

Footnotes

1 Gazette officielle du Québec, June 20, 2012, Part 2, Vol. 144, no. 25, page 1997.

2 R.S.Q. c. B-1.1.

3 Standards established by the National Fire Code of Canada 2010 (NRCC 53303) published by the Canadian Commission on Building and Fire Codes of the National Research Council of Canada.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.