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Alberta Regulation 40/2009
Government Organization Act
MUNICIPAL AFFAIRS AND HOUSING GRANTS 
AMENDMENT REGULATION
Filed: March 4, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 84/2009) 
on March 4, 2009 pursuant to section 13 of the Government Organization Act. 
1   The Municipal Affairs and Housing Grants Regulation 
(AR 123/2000) is amended by this Regulation.

2   Section 11 is amended by striking out "March 31, 2009" 
and substituting "March 31, 2010".

3   Schedule 2 is amended in section 1(3) by striking out 
"and 2008" and substituting ", 2008 and 2009".


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Alberta Regulation 41/2009
Mines and Minerals Act
DEEP OIL EXPLORATORY WELL AMENDMENT REGULATION
Filed: March 4, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 89/2009) 
on March 4, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1   The Deep Oil Exploratory Well Regulation (AR 225/2008) 
is amended by this Regulation.

2   Section 1(1) is amended by adding the following after 
clause (s):
	(s.1)	"producing interval" means the perforation in a well event 
from which production is obtained;

3   Section 2(1)(a)(ii) is amended by striking out "top" and 
substituting "base".
4   This Regulation is deemed to have come into force on 
January 1, 2009.


--------------------------------
Alberta Regulation 42/2009
Mines and Minerals Act
NATURAL GAS DEEP DRILLING AMENDMENT REGULATION
Filed: March 4, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 90/2009) 
on March 4, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1   The Natural Gas Deep Drilling Regulation (AR 224/2008) 
is amended by this Regulation.

2   Section 1(1) is amended
	(a)	by repealing clause (w) and substituting the 
following:
	(w)	"producing interval" means the perforation in a well 
event from which production is obtained;
	(b)	in clause (z) by striking out "top of the deepest zone" 
and substituting "base of the deepest producing interval".

3   Section 3(1) is amended
	(a)	by repealing clause (d) and substituting the 
following:
	(d)	is drilled into a producing interval, the base of which is 
greater than a true vertical depth of 2500 metres, and
	(b)	by repealing clause (e).

4   Section 4 is amended
	(a)	in subsection (4) by striking out "zone that is not below 
the deepest zone" and substituting "producing interval 
that is not below the deepest producing interval";
	(b)	in subsection (8) by striking out "and" at the end of 
clause (a), by adding "and" at the end of clause (b) 
and by adding the following after clause (b):
	(c)	does not apply in respect of any month in which an 
eligible well does not have production of gas from an 
eligible well event.
	(c)	by adding the following after subsection (8):
(9)  Where an eligible well has more than one eligible well 
event with a producing interval the base of which has a true 
vertical depth greater than 2500 metres,
	(a)	for each month the royalty adjustment for the eligible 
well will be based on the eligible well event with the 
greatest measured depth that is producing gas, and
	(b)	if the eligible well event in clause (a) fails to produce 
gas in any month, the royalty adjustment will be based 
on the eligible well event producing gas that has the 
next deepest measured depth and has a producing 
interval the base of which has a true vertical depth 
greater than 2500 metres.

5   Section 5(1) is amended
	(a)	in clause (a) by striking out "zone" and substituting 
"producing interval";
	(b)	in clause (b) by striking out "qualifying".

6   This Regulation is deemed to have come into force on 
January, 1, 2009.


--------------------------------
Alberta Regulation 43/2009
Regulations Act
MISCELLANEOUS CORRECTIONS REGULATION
Filed: March 4, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 98/2009) 
on March 4, 2009 pursuant to section 10 of the Regulations Act. 
1   The Livestock Identification and Commerce General 
Regulation (AR 208/2008) is amended in section 82 by 
striking out "82(1)" and substituting "82".

2   The Provincial Court Judges and Masters in Chambers 
Compensation Regulation (AR 176/98) is amended in 
section 1.1(1) and (2) by striking out "as Assistant" and 
substituting "Assistant".

3   The Provincial Judges and Masters in Chambers 
Registered and Unregistered Pension Plans Amendment 
Regulation (AR 13/2009) is amended in section 3 by adding 
"in section 1(1.1)" before "by striking".

4   The Service Restriction Regulation (AR 321/2002) is 
amended in section 1(a) by striking out "12(f) or (n)" and 
substituting "12(2)(f) or (n)".

5   The Victims of Crime Regulation (AR 63/2004) is 
amended in section 7(1)(b) by striking out "proceeding" and 
substituting "preceding".


--------------------------------
Alberta Regulation 44/2009
Alberta Order of Excellence Act
INSIGNIA AMENDMENT REGULATION
Filed: March 4, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 99/2009) 
on March 4, 2009 pursuant to section 6 of the Alberta Order of Excellence Act. 
1   The Insignia Regulation (AR 85/99) is amended by this 
Regulation.

2   Section 4 is repealed.



Alberta Regulation 45/2009
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: March 4, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 86/2009) 
on March 4, 2009 pursuant to section 138 of the Employment Standards Code. 
1   The Employment Standards Regulation (AR 14/97) is 
amended by this Regulation.

2   Section 9 is amended
	(a)	in clause (a) by striking out "$8.40" and substituting 
"$8.80";
	(b)	in clause (b) by striking out "$336" and substituting 
"$352";
	(c)	in clause (c) by striking out "$1601" and substituting 
"$1677".

3   Section 12(1) is amended
	(a)	in clause (a) by striking out "$2.76" and substituting 
"$2.89";
	(b)	in clause (b) by striking out "$3.65" and substituting 
"$3.82".

4   This Regulation comes into force on April 1, 2009.


--------------------------------
Alberta Regulation 46/2009
Apprenticeship and Industry Training Act
APPRENTICESHIP PROGRAM AMENDMENT REGULATION
Filed: March 6, 2009
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on February 6, 2009 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education and 
Technology on February 27, 2009 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act. 
1   The Apprenticeship Program Regulation (AR 258/2000) is 
amended by this Regulation.

2   Section 2 is repealed.

3   Section 10 is amended by adding "or compulsory 
certification" after "optional certification" wherever it occurs.

4   Section 12(d) is amended by striking out "to enable" and 
substituting "to encourage and enable".

5   Section 13(1)(b) is amended by striking out "the apprentice 
has completed the requirements for the previous period of 
apprenticeship" and substituting "the apprentice's record book is 
approved by the Executive Director".

6   Section 18(j) is amended by striking out "each period of the 
apprentice's apprenticeship program" and substituting "the 
requirements set out in clauses (a) to (c) and (f) to (i)".

7   Section 21 is amended by striking out "March 31, 2009" 
and substituting "March 31, 2019".


--------------------------------
Alberta Regulation 47/2009
Apprenticeship and Industry Training Act
APPRENTICESHIP AND INDUSTRY TRAINING ADMINISTRATION 
AMENDMENT REGULATION
Filed: March 6, 2009
For information only:   Made by the Minister of Advanced Education and Technology 
on February 27, 2009 pursuant to section 33(1) of the Apprenticeship and Industry 
Training Act. 
1   The Apprenticeship and Industry Training 
Administration Regulation (AR 257/2000) is amended by 
this Regulation.
2   Section 9(2) is repealed and the following is substituted:
(2)  In making appointments under subsection (1)(b) and (c), the 
Board shall, to the extent that it is practicable, ensure that the 
number of persons appointed are equal.

3   Section 29(2) is repealed and the following is 
substituted:
(2)  Where a provisional committee is established under subsection 
(1), the Board shall appoint to that committee the following:
	(a)	a presiding officer;
	(b)	at least one person to represent the interests of employers of 
persons employed in the proposed designated occupation;
	(c)	at least one person to represent the interests of persons who 
are employees employed in the proposed designated 
occupation.
(3)  In making appointments under subsection (2)(b) and (c), the 
Board shall, to the extent that it is practicable, ensure that the 
number of persons appointed are equal.
(4)  The persons appointed under subsection (2) must, in the opinion 
of the Board, be persons who are associated with and knowledgeable 
in respect of the relevant proposed designated occupation.
(5)  When a provisional committee is established, the Minister shall 
appoint an employee of the Government as the secretary to that 
provisional committee.
(6)  The provisional committee may designate one or more of its 
members to act in the place of the presiding officer when the 
presiding officer is absent or is otherwise unable to carry out the 
duties of the presiding officer.
(7)  Employees of the Government are not eligible to be or to act in 
the place of a presiding officer of a provisional committee.
(8)  Where a provisional committee is established or recognized in 
respect of the designation of an occupation as a designated 
occupation, the provisional committee shall make recommendations 
to the Board in respect of that application, including advising the 
Board on the following matters:
	(a)	the undertakings that would constitute the proposed 
designated occupation;
	(b)	the tasks, activities and functions that would come within the 
proposed designated occupation;
	(c)	standards and requirements with respect to the competency of 
persons in designated occupations;
	(d)	the requirements that a person must meet to be granted an 
occupational certificate under section 36(2) of the Act;
	(e)	the availability of people to serve on the occupational 
committee.

4   Section 30 is repealed and the following is substituted:
Occupational committees
30(1)  The Board may, for each designated occupation, establish or 
recognize an occupational committee to make recommendations to 
the Board in respect of any matter concerning standards and 
requirements with respect to the competency of persons, training and 
certification in a designated occupation.
(2)  Where an occupational committee is established, the Board shall 
appoint to that committee the following:
	(a)	a presiding officer;
	(b)	at least one person to represent the interests of employers of 
persons employed in the designated occupation;
	(c)	at least one person to represent the interests of persons who 
are employees employed in the designated occupation.
(3)  In making appointments under subsection (2)(b) and (c), the 
Board shall, to the extent that it is practicable, ensure that the 
number of persons appointed are equal.
(4)  The persons appointed under subsection (2) must, in the opinion 
of the Board, be persons who are associated with and knowledgeable 
in respect of the relevant designated occupation.
(5)  When an occupational committee is established, the Minister 
shall appoint an employee of the Government as the secretary to that 
occupational committee.
(6)  The occupational committee may designate one or more of its 
members to act in the place of the presiding officer when the 
presiding officer is absent or is otherwise unable to carry out the 
duties of the presiding officer.
(7)  Employees of the Government are not eligible to be or to act in 
the place of a presiding officer of an occupational committee.

5   Section 33 is amended by striking out "March 31, 2009" 
and substituting "March 31, 2019".


--------------------------------
Alberta Regulation 48/2009
Travel Alberta Act
TRAVEL ALBERTA ACT GENERAL REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 101/2009) 
on March 11, 2009 pursuant to section 16 of the Travel Alberta Act. 
Table of Contents
	1	Definitions
	2	Ineligibility and disqualification of director
	3	Nominating committee
	4	Indemnities
	5	Expiry
	6	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Travel Alberta Act;
	(b)	"chair" means the chair of the board;
	(c)	"director" means a member of the board of directors 
established under section 4 of the Act.
Ineligibility and disqualification of director
2(1)  The following individuals are not eligible to be appointed a 
director:
	(a)	an individual who is less than 18 years of age;
	(b)	an individual who
	(i)	is a dependent adult as defined in the Dependent Adults 
Act or is the subject of a certificate of incapacity under 
that Act,
	(ii)	is a formal patient as defined in the Mental Health Act, 
or
	(iii)	has been found to be a person of unsound mind by a 
court elsewhere than in Alberta;
	(c)	an individual who has the status of bankrupt in Canada or 
equivalent status in any other jurisdiction;
	(d)	an individual who
	(i)	within the immediately preceding 5 years, has been 
convicted of an indictable offence or of an offence of a 
similar nature in another jurisdiction, or 
	(ii)	has been convicted of an offence under the Bank Act 
(Canada), the Loan and Trust Corporations Act, the 
Credit Union Act, the Insurance Act or the Securities 
Act, or an equivalent law of another jurisdiction;
	(e)	an individual, other than the Deputy Minister of the Minister, 
who is an employee of, or who is an employee of an agent of, 
the Crown;
	(f)	an individual who is a Member of the Legislative Assembly 
of Alberta.
(2)  A director is disqualified if the person
	(a)	was ineligible to be appointed a director under subsection (1),
	(b)	becomes an individual referred to in subsection (1)(b), (c), 
(e) or (f), or
	(c)	is convicted of an offence referred to in subsection (1)(d).
(3)  An act of the board or a committee of the board is valid 
notwithstanding that a director may have been ineligible or disqualified 
under this section.
Nominating committee
3(1)  The Minister shall establish a nominating committee to advise 
the Minister regarding the appointment of any individual to the board.
(2)  The nominating committee must be comprised of at least 3 
directors of the Corporation and any other individuals selected by the 
Minister.
(3)  The chair is, if the office is not vacant, a member of the 
nominating committee.
(4)  The nominating committee shall provide the Minister with a short 
list of at least 2 qualified candidates for each board position to be 
filled, excluding any positions to be filled by reappointment. 
(5)  In determining the short list referred to in subsection (4), the 
nominating committee must take into account section 4(9) of the Act.
(6)  The Minister shall recommend to the Lieutenant Governor in 
Council only candidates for appointment to the board whose names 
have been submitted by the nominating committee under subsection 
(4).
(7)  This section does not apply with respect to the reappointment of a 
director.
(8)  This section applies in respect of persons to be appointed to the 
board after April 1, 2009.
Indemnities
4(1)  The Corporation may indemnify a person under section 11(1) of 
the Act if authorized by a resolution of the board.
(2)  The Corporation must purchase and maintain appropriate liability 
insurance, as is commercially reasonable, to indemnify the Corporation 
against the costs, charges and expenses in respect of which 
indemnification under section 11(1) of the Act may be required.
(3)  The indemnity
	(a)	must be in writing and provide that it applies only to the 
extent that the person is not otherwise indemnified, and
	(b)	may contain such additional terms and conditions required by 
the Corporation or the Minister.
Expiry
5   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on April 1, 2014.
Coming into force
6   This Regulation comes into force on the coming into force of the 
Travel Alberta Act.


--------------------------------
Alberta Regulation 49/2009
Safety Codes Act
BUILDING CODE AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 104/2009) 
on March 11, 2009 pursuant to section 65 of the Safety Codes Act. 
1   The Building Code Regulation (AR 117/2007) is amended 
by this Regulation.

2   Section 1 is repealed and the following is substituted:
Code in force
1   The Alberta Building Code 2006, as established by the Safety 
Codes Council and published by the National Research Council of 
Canada, is declared in force with respect to buildings, with the 
variations set out in the Schedule.

3   Section 4 is amended by striking out "November 30, 2016" 
and substituting "November 30, 2014".

4   The following is added after section 5:
Schedule
1   Volume 1 is amended in Division A, "Compliance, 
Objectives, Functional Statements and Attribution Tables",
	(a)	in Table 4.2.1.1.
	(i)	by striking out item 3.2.3.1. and substituting 
the following:
3.2.3.1. Limiting Distance and Area of Unprotected Openings
(1)
[F03-OP3.1]
(5)
[F03-OP3.1]
(6)
[F03-OP3.1]
(8)
[F03-OP3.1]
(9)
[F03-OP3.1]
(10)
[F03-OP3.1]
	(ii)	by striking out items 3.2.3.6. and 3.2.3.7. and 
substituting the following:
3.2.3.6. Combustible Projections
(1)
[F03-OP3.1]
(3)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
(4)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
(5)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
3.2.3.7. Construction of Exposing Building Face
(1)
[F03,F02-OP3.1]
(2)
[F03,F02-OP3.1]
(3)
[F03, F02-OP3.1]
	(b)	in Table 4.7.1.1
	(i)	by striking out items 9.10.14.4 and 9.10.14.5 
and substituting the following:
9.10.14.4. Openings in Exposing Building Face
(1)
[F03-OP3.1]
(2)
[F03-OP3.1]
(3)
[F03-OP3.1]
(4)
[F03-OP3.1]
(6)
[F03-OP3.1]
(7)
[F03-OP3.1]
9.10.14.5. Construction of Exposing Building Face and Walls 
above Exposing Building Face
(1)
[F02,F03-OP3.1]
(2)
[F02,F03-OP3.1]
(3)
[F02,F03-OP3.1]
(4)
[F03-OP3.1]
(5)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
(6)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
(7)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
	(ii)	by striking out items 9.10.15.4 and 
9.10.15.5.and substituting the following:
9.10.15.4. Glazed Openings in Exposing Building Face
(1)
[F03-OP3.1]
(3)
[F03-OP3.1]
(4)
[F03-OP3.1]
9.10.15.5. Construction of Exposing Building Face of Houses
(1)
[F02,F03-OP3.1]
(2)
[F02,F03-OP3.1]
(3)
[F02,F03-OP3.1]
(5)
[F03-OP3.1]
(7)
[F02,F03-OP3.1]
(8)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
(9)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]
(10)
[F03-OP3.1]
[F03-OP1.2]
[F03-OS1.2]

2   Volume 2 is amended in Division B, "Acceptable 
Solutions",
	(a)	 in Table 1.3.1.2.
	(i)	 in the line that refers to ASTM document 
D 2898-94 (2004), "Accelerated Weathering of Fire-
Retardant-Treated Wood for Fire Testing", by 
adding "3.2.3.7.(3)(c)(iii)" after "3.1.5.21.(1)" under 
the column heading "Code Reference";
	(ii)	in the line that refers to CGSB document 
CAN/CGSB-93.2-M91, "Prefinished Aluminum 
Siding, Soffits and Fascia, for Residential Use", by 
adding "3.2.3.6.(5)(b)(ii)"  after "Table 5.10.1.1." 
under the column heading "Code Reference";
	(iii)	 in the line that refers to CGSB document 
CAN/CGSB-93.4-92, "Galvanized Steel and 
Aluminum-Zinc Alloy Coated Steel Siding, Soffits 
and Fascia, Prefinished, Residential" by adding 
"3.2.3.6.(5)(b)(i)" after "Table 5.10.1.1." under the 
column heading "Code Reference";
	(iv)	in the line that refers to ULC document 
CAN/ULC S134-92 (R1998), "Fire Test of Exterior 
Wall Assemblies", by striking out "3.1.5.5.(1)" 
under the column heading "Code Reference" and 
substituting the following:
		3.1.5.5.(1)
		3.2.3.7.(2)
		9.10.14.5.(2)
		9.10.15.5.(2)(c)
		9.10.15.5.(3)(c)
	(b)	in Sentence 3.1.5.5.(1) by striking out "required to 
conform to Sentence 3.2.3.7.(1) or Sentence 3.2.3.7.(4)" and 
substituting "with a maximum aggregate area of 
unprotected openings that is not more than 10% of the 
exposing building face as determined by Sentence 
3.2.3.7.(1)";
	(c)	in Sentence 3.1.7.2.(1) by striking out "Sentence 
3.2.3.1.(6)" and substituting "Sentence 3.2.3.1.(9)";
	(d)	by adding the following after the heading "3.2.3.1. 
Limiting Distance and Area of Unprotected Openings":
(See Appendix A.)
	(e)	by striking out Sentences 3.2.3.1.(5) to 3.2.3.1.(7) 
and substituting the following:
5)  Individual unprotected openings in an exposing building 
face shall have a projected area that is not more than the 
value determined in accordance with Table 3.2.3.1.E., 
unless
	a)	the building is sprinklered throughout, or
	b)	the limiting distance is more than 2 m.
Table 3.2.3.1.E
Maximum Concentrated Area of  
Unprotected Openings  
Forming Part of Sentence 3.2.3.1.(5)
Limiting  
Distance, m
Maximum Area of Individual 
Unprotected Openings, mý
0
0
1.2
0.35
1.5
0.78
2.0
1.88
6)  An individual unprotected opening described in 
Sentence (5) shall be separated by not less than 2 m 
horizontally and 2 m vertically from any other unprotected 
opening that is located on the same exposing building face 
and within the same fire compartment. (See Appendix A.)
7)  For the purposes of Sentence (6), 
	a)	two adjacent spaces are permitted to be considered 
as separate fire compartments where there is a full 
height wall extending not less than 1.5 m from the 
interior face of the exterior wall, finished in 
accordance with Subsection 9.29.4. or 9.29.5., and
	b)	two stacked spaces shall be considered to be a 
single room or space where the spaces are on the 
same storey.
8)  A limiting distance equal to half the actual limiting 
distance shall be used as input to the requirements of this 
Subsection, where
	a)	the time from receipt of notification of a fire by the 
fire department until the first fire department 
vehicle capable of beginning suppression activities 
arrives at the building is greater than 10 minutes in 
not less than 10% of all calls to the building, and
	b)	any storey in the building is not sprinklered.
(See Appendix A and A 3.2.3.1. in Appendix A.)
9)  If the surface temperature on the unexposed surface of a 
wall assembly exceeds the temperature limit of a standard 
fire test as permitted by Article 3.1.7.2., an allowance shall 
be made for the radiation from the hot unexposed wall 
surface by adding an equivalent area of unprotected 
opening to the area of actual openings as follows:
  
 
where
	AC =	corrected area of unprotected openings including 
actual and equivalent openings,
	A = 	actual area of unprotected openings,
	AF =	area of exterior surface of the exposing building 
face, exclusive of openings, on which the 
temperature limit of the standard test is exceeded, 
and
	FEO =	an equivalent opening factor derived from the 
following expression:
 
	Tu = 	average temperature in degrees Celsius of the 
unexposed wall surface at the time the required 
fire-resistance rating is reached under test 
conditions,
	Te =	892øC for a fire-resistance rating not less than 
45 min, 927øC for a fire-resistance rating not less 
than 1 h, and 1 010øC for a fire-resistance rating 
not less than 2 h.
10)  Unless a closure used to protect an opening in an 
exposing building face has a protective performance 
equivalent to that required for the wall assembly in which 
it is located, an equivalent area of unprotected opening, 
determined in accordance with the procedures of 
Sentence (9) shall be added to the greater of
	a)	the actual area of unprotected openings, or
	b)	the corrected area of unprotected openings.
	(f)	by striking out Article 3.2.3.6. and substituting the 
following:
3.2.3.6. Combustible Projections
1)  Except as provided in Sentence (2), combustible projections 
on the exterior of a wall that are more than 1 m above ground 
level and that could expose an adjacent building to fire spread 
shall not be permitted within
	a)	1.2 m of a property line or the centre line of a public 
way, or
	b)	2.4 m of a combustible projection on another building 
on the same property.
2)   Sentence (1) shall not apply to
	a)	buildings containing 1 or 2 dwelling units, and
	b)	detached garages or accessory buildings, where
	i)	the detached garage or accessory building serves 
only one dwelling unit or a primary dwelling unit 
with a secondary suite,
	ii)	the detached garage or accessory building is 
located on the same property as that dwelling unit, 
and
	iii)	the dwelling unit served by the detached garage or 
accessory building is the only major occupancy on 
the property.
(See A-9.10.15.5.(6) in Appendix A.)
3)  Where the limiting distance is not more than 0.45 m, 
projecting roof soffits shall not be constructed above an 
exposing building face.
4)  Where the limiting distance is more than 0.45 m, the face of 
roof soffits above an exposing building face are permitted to 
project to not less than 0.45 m from a property line.
5)  Where roof soffits project closer than 1.2 m from a property 
line, they shall
	a)	have no openings, and
	b)	be protected by
	i)	not less than 0.38 mm thick sheet steel conforming 
to CAN/CGSB-93.4, "Galvanized Steel and 
Aluminum-Zinc Alloy Coated Steel Siding, Soffits 
and Fascia, Prefinished, Residential,"
	ii)	unvented aluminum conforming to 
CAN/CGSB-93.2-M, "Prefinished Aluminum 
Siding, Soffits and Fascia for Residential Use,"
	iii)	not less than 12.7 mm thick gypsum board 
conforming to Sentence 9.29.5.1.(2), Subclauses 
9.29.5.2.(1)(e) and (f), and Articles 9.29.5.3. to 
9.29.5.10.,
	iv)	not less than 11 mm thick plywood conforming to 
Sentences 9.27.9.1.(1), 9.27.9.3.(1) and 
9.27.9.4.(1),
	v)	not less than 12.5 mm thick OSB or waferboard 
conforming to Sentences 9.27.11.1.(1) and 
9.27.11.3.(1), or
	vi)	not less than 11 mm thick lumber conforming to 
Sentence 9.27.6.1.(1).
	(g)	by striking out Article 3.2.3.7. and substituting the 
following:
3.2.3.7. Construction of Exposing Building Face
1)  Except as provided in Sentences (2) and (3) and Articles 
3.2.3.10. and 3.2.3.11., fire-resistance rating, construction and 
cladding for exposing building faces of buildings or fire 
compartments shall comply with Table 3.2.3.7.
Table 3.2.3.7. 
Minimum Construction Requirements 
for Exposing Building Faces 
Forming Part of Sentence 3.2.3.7.(1)
Occupancy 
Classification 
of Building 
or Fire 
Compartment
Maximum Area 
of Unprotected 
Openings 
Permitted, % of 
Exposing 
Building Face 
Area
Minimum 
Required 
Fire-Resistance 
Rating
Type of 
Construction 
Required
Type of 
Cladding 
Required
Group A, B, 
C, D, or 
Group F, 
Division 3
0 - 10
1 h
Noncombustible
Noncombustible

     > 10 - 25
 
1 h
Combustible or 
Noncombustible
 
Noncombustible(1)

 
     > 25 - 50
 
45 min
Combustible or 
Noncombustible
 
Noncombustible(2)

 
    > 50  -  < 100
 
45 min
Combustible or 
Noncombustible
Combustible or 
Noncombustible
Group E, or 
Group F, 
Division 1 or 
2
0 - 10
2 h
Noncombustible
Noncombustible

     > 10 - 25
 
2 h
Combustible or 
Noncombustible
 
Noncombustible(1)

 
     > 25 - 50
 
1 h
Combustible or 
Noncombustible
 
Noncombustible(2)

 
    > 50  -  < 100
 
1 h
Combustible or 
Noncombustible
Combustible or 
Noncombustible
Notes to Table 3.2.3.7:
(1)  See Sentence (2). 
(2)  See Sentence (3).
2)  Except as provided in Sentence (3), cladding for buildings or fire 
compartments where the maximum aggregate area of unprotected 
openings is more than 10% of the exposing building face need not be 
noncombustible where the wall assembly satisfies the criteria of 
Sentences 3.1.5.5.(2) and (3) when subjected to testing in conformance 
with CAN/ULC S134, "Fire Test of Exterior Wall Assemblies."
3)  Cladding for buildings or fire compartments where the maximum 
aggregate area of unprotected openings is more than 25% but not more 
than 50% of the exposing building face need not be noncombustible 
where
	a)	the limiting distance is not less than 5 m, 
	b)	the building or fire compartment is sprinklered 
throughout,
	c)	the cladding 
	i)	conforms to Subsection 9.27.6., 9.27.7., 9.27.9., 
9.27.10., or 9.27.11.,
	ii)	is installed with or without furring members, over 
gypsum sheathing not less than 12.7 mm thick 
conforming to Articles 9.23.16.2 and 9.23.16.3 or 
over masonry (see Articles 3.1.11.2. and 9.10.16.2. 
for additional requirements for fire stopping of 
concealed spaces in wall assemblies), and
	iii)	after conditioning in conformance with ASTM 
D2898, "Methods for Accelerated Weathering on 
Fire-Retardant-Treated Wood for Fire Testing," 
has a flame-spread rating not more than 25 when 
tested in accordance with Sentence 3.1.12.1.(1), or
	d)	the cladding 
	i)	conforms to Subsection 9.27.13.,
	ii)	is installed with or without furring members, over 
gypsum sheathing not less than 12.7 mm thick 
conforming to Articles 9.23.16.2 and 9.23.16.3 or 
over masonry (see Articles 3.1.11.2. and 9.10.16.2. 
for additional requirements for fire stopping of 
concealed spaces in wall assemblies),
	iii) 	has a flame-spread rating not more than 25 when 
tested in accordance with Sentence 3.1.12.1.(2), 
and
	iv) 	does not exceed 2 mm in thickness exclusive of 
fasteners, joints and local reinforcements.
4)  The construction requirements for the exposing building face 
stated in Sentence (1)  shall be satisfied before increasing the 
unprotected opening area as permitted by Sentence 3.2.3.12.(1).
	(h)	in Article 3.2.3.8.
	(i) 	in Sentence (1) by striking out "of Sentences 
3.2.3.7.(2), (3), (5) and (6)" and substituting "for 
buildings with a maximum aggregate area of 
unprotected openings more than 10% of the exposing 
building face as determined by Sentence 3.2.3.7.(1),";
	(ii) 	in Sentence (3) by striking out "A-3.2.3.7.(7) in";
	(i)	in Sentence 3.2.3.12.(1) by striking out "Sentence 
3.2.3.7.(9)" and substituting  "Sentence 3.2.3.7.(4)";
	(j)	in Article 3.2.5.13.
	(i)	by striking out Sentence (2) and substituting 
the following:
2)  Except as required by Sentences (10) and (11), NFPA 
13R, "Installation of Sprinkler Systems in Residential 
Occupancies up to and Including Four Stories in Height," 
is permitted to be used for the design, construction, 
installation and testing of an automatic sprinkler system 
installed in a building of residential occupancy 
throughout, not more than 4 storeys in building height, 
conforming to Articles 3.2.2.42. to 3.2.2.48.
	(ii) 	by adding the following after Sentence (9):
10)  Notwithstanding the requirements of Sentence (2) 
regarding the installation of automatic sprinkler systems, in 
buildings of combustible construction, sprinklers shall be 
required in
	a)	porches and balconies,
	b)	public corridors,
	c)	stairs that are open and attached,
	d)	attics and floor/ceiling spaces,
	e)	penthouse equipment rooms,
	f)	 elevator machine rooms,
	g)	concealed spaces dedicated exclusively to and 
containing only dwelling unit ventilation 
equipment,
	h)	crawl spaces,
	i)	closets or storage rooms on exterior balconies, and
	j)	other concealed spaces that are not used or 
intended for living purposes or storage and do not 
contain fuel-fired appliances.
11)  A concealed space mentioned in Sentence (10) does 
not require sprinkler protection provided the concealed 
space meets one of the criteria described in Clause 8.14.1.2. 
of NFPA 13, "Installation of Sprinkler Systems."
	(k)	in Article 9.10.12.4.
	(i) 	in Sentence (3) by striking out "Sentences (2) and 
(6)" and substituting "Sentence (2)";
	(ii) 	by striking out Sentence (6);
	(l)	by adding the following after Article 9.10.12.4.:
9.10.12.5. Protection of Balconies 
(See Appendix A.)
1)  This Article applies to buildings that
	a)	contain more than 2 suites of residential occupancy,
	b)	are not less than 2 storeys in building height,
	c)	have dwelling units located in whole or in part above 
other dwelling units, and
	d)	are not sprinklered throughout.
2)  The protection required by Sentences (3) and (4) shall be 
provided by cladding that conforms to
	a)	Subsection 9.27.8. or 9.27.12.,
	b)	Section 9.28., or
	c)	one of the methods described in Clause 3.2.3.7.(3)(c) or 
(d).
3)  Balcony walls shall be protected by one of the methods 
mentioned in Sentence (2) from the floor level of the balcony to 
the underside of the balcony or roof assembly above for
	a)	the full width and depth of the balcony, and
	b)	1.2 m on either side of the balcony.
4)  Ceiling and roof assemblies above balconies mentioned in 
Sentence (3) shall be protected by one of the methods mentioned 
in Sentence (2).
	(m)	in Sentence 9.10.14.2.(2) by striking out "Table 
9.10.14.4." and substituting "Table 9.10.14.4.A.".
	(n)	by striking out Sentence 9.10.14.3.(1) and 
substituting the following:
9.10.14.3.  Limiting Distance where Firefighting Facilities are 
Inadequate
1)  Except for the purpose of applying Sentences 9.10.14.4.(2), 
(8) and (9), and Sentence 9.10.14.5.(8), a limiting distance 
equal to half the actual limiting distance shall be used as input 
to the requirements of this Subsection, where
	a)	the time from receipt of notification of a fire by the fire 
department until the first fire department vehicle 
capable of beginning suppression activities arrives at the 
building is greater than 10 minutes in not less than 10% 
of all calls to the building, and
	b)	any storey in the building is not sprinklered. 
(See A-3.2.3.1. and A-3.2.3.1.(8) in Appendix A.)
	(o)	in Article 9.10.14.4.
	(i)	by striking out Sentence (1) and substituting 
the following:
1)  Except as provided in Sentences (6) to (9), the 
maximum aggregate area of unprotected openings in an 
exposing building face shall
	a)	conform to Table 9.10.14.4.A.,
	b)	conform to Subsection 3.2.3., or
	c)	where the limiting distance is not less than 1.2 m, 
be equal to or less than 
	i)	the limiting distance squared, for residential 
occupancies, business and personal services 
occupancies and low-hazard industrial 
occupancies, and
	ii)	 half the limiting distance squared, for 
mercantile occupancies and medium-hazard 
industrial occupancies.


Table 9.10.14.4.A. 
Maximum Aggregate Area of Unprotected 
Openings in Exterior Walls 
Forming Part of Sentence 9.10.14.4.(1)
Occupancy 
Classification 
of Building
Maximum
Total Area
of Exposing
Building 
Face,
mý
Maximum Aggregate Area of Unprotected Openings, 
% of Exposing Building Face Area


Limiting Distance, m


Less 
than 
1.2
1.2
1.5
2.0
4.0
6.0
8.0
10.0
12.0
16.0
20.0
25.0
Residential, 
business and 
personal 
services, and 
low-hazard 
industrial
30
0
7
9
12
39
88
100
-
-
-
-
-

40
0
7
8
11
32
69
100
-
-
-
-
-

50
0
7
8
10
28
57
100
-
-
-
-
-

100
0
7
8
9
18
34
56
84
100
-
-
-

Over 100
0
7
7
8
12
19
28
40
55
92
100
-
Mercantile 
and
medium-
hazard
industrial
30
0
4
4
6
20
44
80
100
-
-
-
-

40
0
4
4
6
16
34
61
97
100
-
-
-

50
0
4
4
5
14
29
50
79
100
-
-
-

100
0
4
4
4
9
17
28
42
60
100
-
-

Over 100
0
4
4
4
6
10
14
20
27
46
70
100


	(ii) 	by striking out Sentences (3) to (8) and 
substituting the following:
3)  Individual unprotected openings in an exposing building 
face shall have a projected area that is not more than the 
value determined in accordance with Table 9.10.14.4.B., 
unless
	(a)	the building is sprinklered throughout, or
	(b)	the limiting distance is more than 2 m.
Table 9.10.14.4.B. 
Maximum Concentrated Area of 
Unprotected Openings 
Forming Part of Sentence 9.10.14.4.(3)
Limiting Distance, m
Maximum Area of Individual 
Unprotected Openings, mý
Less than 1.2
0
1.2
0.35
1.5
0.78
2.0
1.88
4)  An individual unprotected opening described in 
Sentence (3) shall be separated by not less than 2 m 
horizontally and 2 m vertically from any other unprotected 
opening that is located on the same exposing building face 
and within the same fire compartment. (See A-3.2.3.1.(6) 
in Appendix A.)
5)  For the purposes of Sentence (4), 


	a)	two adjacent spaces are permitted to be considered 
as separate fire compartments where there is a 
full-height wall extending not less than 1.5 m from 
the interior face of the exterior wall, finished in 
accordance with Subsection 9.29.4. or 9.29.5., and
	b)	two stacked spaces shall be considered to be a 
single room or space where the spaces are on the 
same storey.
6)  The maximum aggregate area of unprotected openings 
shall be not more than twice the area determined according 
to Sentence (1), where the unprotected openings are glazed 
with
	a)	wired glass in steel frames, as described in Article 
9.10.13.5., or
	b)	glass blocks, as described in Article 9.10.13.7.
7)  Where the building is sprinklered, the maximum 
aggregate area of unprotected openings shall be not more 
than twice the area determined according to Sentence (1), 
provided all rooms, including closets and bathrooms, that 
are adjacent to the exposing building face and that have 
unprotected openings are sprinklered, notwithstanding any 
exemptions in the sprinkler standards referenced in Article 
3.2.5.13.
8)  The maximum aggregate area of unprotected openings 
in an exposing building face of a storage garage need not 
comply with Sentence (1), where
	a)	all storeys are constructed as open-air storeys, and
	b)	the storage garage has a limiting distance of not 
less than 3 m.
9)  The maximum aggregate area of unprotected openings 
in an exposing building face of a storey that faces a street 
and is at the same level as the street need not comply with 
Sentence (1), where the limiting distance is not less than 9 
m.
	(p)	by striking out Article 9.10.14.5. and substituting 
the following:
9.10.14.5. Construction of Exposing Building Face and Walls 
above Exposing Building Face
1)  Except as permitted in Sentences (2) to (9), each exposing 
building face and any exterior wall located above an exposing 
building face that encloses an attic or roof space shall be 
constructed in conformance with Table 9.10.14.5.  (See also 
Subsection 9.10.8.) (See Appendix A.)


Table 9.10.14.5. 
Minimum Construction Requirements  
for Exposing Building Faces 
Forming Part of Sentence 9.10.14.5.(1)
Occupancy 
Classification 
of Building or 
Fire 
Compartment
Maximum Area 
of Unprotected 
Openings 
Permitted, % of 
Exposing 
Building Face 
Area
Minimum 
Required 
Fire-Resistance 
Rating
Type of 
Construction 
Required
Type of 
Cladding 
Required
Residential, 
business and 
personal 
services, and 
low-hazard 
industrial
0 - 10
1 h
Noncombustible
Noncombustible

   > 10 - 25
 
1 h
Combustible or 
Noncombustible
 
Noncombustible(1)

 
    > 25 - 50
 
45 min
Combustible or 
Noncombustible
 
Noncombustible(2)

 
   > 50  -  < 100
 
45 min
Combustible or 
Noncombustible
Combustible or 
Noncombustible
Mercantile and 
medium-hazard 
industrial
0 - 10
2 h
Noncombustible
Noncombustible

   > 10 - 25
 
2 h
Combustible or 
Noncombustible
 
Noncombustible(1)

 
   > 25 - 50
 
1 h
Combustible or 
Noncombustible
 
Noncombustible(2)

 
  > 50  -  < 100
 
1 h
Combustible or 
Noncombustible
Combustible or 
Noncombustible
Notes to Table 9.10.14.5.:
(1)  See Sentence (2). 
(2)  See Sentence (3).
2)  Except as provided in Sentence (3), cladding on exposing 
building faces and any exterior wall above an exposing 
building face that enclose an attic or roof space for buildings 
or fire compartments where the maximum aggregate area of 
unprotected openings is more than 10% of the exposing 
building face need not be noncombustible where the wall 
assembly satisfies the criteria of Sentences 3.1.5.5.(2) and (3) 
when subjected to testing in conformance with CAN/ULC 
S134, "Fire Test of Exterior Wall Assemblies."
3)  Cladding on exposing building faces and on any exterior 
wall located above an exposing building face that encloses an 
attic or roof space for buildings or fire compartments where 
the maximum aggregate area of unprotected openings is more 
than 25% but not more than 50% of the exposing building face, 
need not be noncombustible where
	a)	the limiting distance is not less than 5 m, 
	b)	the building or fire compartment is sprinklered 
throughout, or
	c)	the cladding conforms to Clause 3.2.3.7.(3)(c) or (d).
4)  Combustible projections on the exterior of a wall that are 
more than 1 m above ground level and that could expose an 
adjacent building to fire spread shall not be permitted within
	a)	1.2 m of a property line or the centre line of a public 
way, or
	b)	2.4 m of a combustible projection on another building 
on the same property.
5)  Where the limiting distance is not more than 0.45 m, 
projecting roof soffits shall not be constructed above the 
exposing building face. 
6)  Where the limiting distance is more than 0.45 m, the face of 
roof soffits above the exposing building face are permitted to 
project to not less than 0.45 m from a property line.
7)  Where roof soffits project closer than 1.2 m from a property 
line, they shall 
	a)	have no openings, and
	b)	be protected by one of the materials listed in Clause 
3.2.3.6.(5)(b).
8)  Heavy timber and steel columns need not conform to the 
requirements of Sentence (1), provided the limiting distance is 
not less than 3 m.
9)  Non-loadbearing wall components need not have a 
minimum fire-resistance rating, where the building
	a)	is 1 storey in building height,
	b)	is of noncombustible construction,
	c)	is classified as a low-hazard industrial occupancy and 
used only for low fire load occupancies, such as 
power-generating plants or plants for the manufacture 
or storage of noncombustible materials, and
	d)	has a limiting distance of 3 m or more.
	(q)	by striking out Articles 9.10.15.1. to 9.10.15.5. and 
substituting the following:
9.10.15.1. Application
1)  This Subsection applies to
	a)	buildings that contain only dwelling units and have 
no dwelling unit above another dwelling unit,
	b)	buildings that contain a detached garage or 
accessory building facing a dwelling unit where
	i)	the detached garage or accessory building 
serves only one dwelling unit or a primary 
dwelling unit with a secondary suite,
	ii)	the detached garage or accessory building is 
located on the same property as that dwelling 
unit,
	iii) 	the dwelling unit served by the detached 
garage or accessory building is the only 
major occupancy on the property, and
	c)	buildings that contain one dwelling unit located in 
whole or in part above another dwelling unit, 
provided the buildings contain
	i)	not more than 2 dwelling units, and
	ii)	not more than 3 storeys, including any 
basements.
(See Appendix A.)
2)  This Subsection does not apply to hotels or motels.
9.10.15.2. Area and Location of Exposing Building Face
1)  The area of an exposing building face shall be
	a)	taken as the exterior wall area facing in one 
direction on any side of a building, and
	b)	calculated as
	i)	the total area measured from the finished 
ground level to the uppermost ceiling,
	ii)	the area for each fire compartment, where a 
building is divided into fire compartments by 
fire separations with fire-resistance ratings 
not less than 45 min, or
	iii)	the area of any number of individual vertical 
portions of the wall measured from the finished 
ground level to uppermost ceiling where Table 
9.10.15.4. is used to determine the maximum 
aggregate area of glazed openings if the limiting 
distance is 2 m or more. (See A-9.10.15.4.(2) in 
Appendix A.)
2)  For the purpose of using Table 9.10.15.4. to determine 
the maximum permitted area of glazed openings in an 
irregularly shaped or skewed exterior wall, the location of 
the exposing building face shall be taken as a vertical plane 
located so that there are no glazed openings between the 
vertical plane and the line to which the limiting distance is 
measured. (See A-3.2.3.1.(4) in Appendix A.)
(3)  For the purpose of using Table 9.10.15.5. to determine 
the required type of construction, cladding and fire-
resistance rating for an irregularly shaped or skewed 
exterior wall,
	(a)	the location of the exposing building face shall be 
taken as a vertical plane located so that no portion 
of the actual exposing building face is between the 
vertical plane and the line to which the limiting 
distance is measured, and
	(b)	the value for the maximum aggregate area of 
glazed openings (see first column of Table 
9.10.15.5.) shall be determined using the limiting 
distance measured from the location described in 
Clause (a). (See A-3.2.3.1.(4) in Appendix A.)
(4)  The limiting distance for an exposing building face that 
includes projections such as bow windows, bay windows, 
or flue chases of combustible construction, shall be 
measured from the face of the projection nearest the line to 
which the limiting distance is measured.
9.10.15.3.  Limiting Distance where Firefighting Facilities are 
Inadequate
1)  Except for the purpose of applying Sentence 
9.10.15.5.(1), a limiting distance equal to half the actual 
limiting distance shall be used as input to the requirements 
of this Subsection, where
	a)	the time from receipt of notification of a fire by the 
fire department until the first fire department 
vehicle capable of beginning suppression activities 
arrives at the building is greater than 10 minutes in 
not less than 10% of all calls to the building, and
	b)	any storey in the building is not sprinklered. 
(See A-3.2.3.1. and A-3.2.3.1.(8) in Appendix A.)
9.10.15.4.  Glazed Openings in Exposing Building Face
1)  Except as provided in Sentence (6), the maximum 
aggregate area of glazed openings in an exposing building 
face shall
	a)	conform to Table 9.10.15.4.,
	b)	conform to Subsection 3.2.3., or
	c)	be equal to or less than the limiting distance 
squared, where the limiting distance is not less 
than 1.2 m.
2)  Where the limits on the area of glazed openings are 
determined for individual portions of the exterior wall, as 
described in Subclause 9.10.15.2.(1)(b)(iii), the maximum 
aggregate area of glazed openings for any portion shall 
conform to the values in the row of Table 9.10.15.4. 
corresponding to the maximum total area of exposing 
building face (see column 1 of the Table) that is equal to 
the sum of all portions of the exposing building face. (See 
Appendix A.)
3)  Individual glazed openings in an exposing building face 
shall have a projected area that is not more than 50% of the 
maximum allowable aggregate area of glazed openings 
determined in Sentence (1), unless
	a)	the building is sprinklered throughout, or
	b)	the limiting distance is more than 2m.
4)  An individual glazed opening described in Sentence (3) 
shall be separated by not less than 2 m horizontally and 2 m 
vertically from any other glazed opening that is located on 
the same exposing building face and within the same fire 
compartment.  (See A-3.2.3.1.(6) in Appendix A.)
5)  For the purposes of Sentence (4), 
	a)	two adjacent spaces are permitted to be considered 
as separate fire compartments where there is a 
full-height wall extending not less than 1.5 m from 
the interior face of the exterior wall, finished in 
accordance with Subsection 9.29.4. or 9.29.5., and
	b)	two stacked spaces shall be considered to be a 
single room or space where the spaces are on the 
same storey.
6)  The limits on the area of glazed openings shall not 
apply to the exposing building face of a dwelling unit 
facing a detached garage or accessory building, where
	a)	the detached garage or accessory building serves 
only one dwelling unit or a primary dwelling unit 
with a secondary suite,
	b)	the detached garage or accessory building is 
located on the same property as that dwelling unit, 
and
	c)	the dwelling unit served by the detached garage or 
accessory building is the only major occupancy on 
the property.




Table 9.10.15.4. 
Maximum Area of Glazed Openings  
in Exterior Walls  
Forming Part of Sentence 9.10.15.4.(1)
Maximum
Total Area
of Exposing
Building Face,
mý
Maximum Aggregate Area of Glazed Openings, % of Exposing Building Face Area

Limiting Distance, m

Less than 
1.2
1.2
1.5
2.0
4.0
6.0
8.0
10.0
12.0
16.0
20.0
25.0
30
0
7
9
12
39
88
100
-
-
-
-
-
40
0
7
8
11
32
69
100
-
-
-
-
-
50
0
7
8
10
28
57
100
-
-
-
-
-
100
0
7
8
9
18
34
56
84
100
-
-
-
Over 100
0
7
7
8
12
19
28
40
55
92
100
-


9.10.15.5. Construction of Exposing Building Face of Houses
1)  Except as provided in Sentences (4) and (6), each 
exposing building face and any exterior wall located above 
an exposing building face that encloses an attic or roof 
space shall be constructed in conformance with Sentence 
(2) or (3)
	a)	for the exposing building face as a whole, or
	b)	for any number of separate portions of the 
exposing building face. (See Subclause 
9.10.15.2.(1)(b)(iii), Sentence 9.10.15.4.(2), and 
Appendix Note A-9.10.15.4.(2) in Appendix A. 
See also Subsection 9.10.8.).
2)  Except as provided in Sentence (4), where the limiting 
distance is less than 0.6 m, the exposing building face and 
any exterior wall located above the exposing building face 
that encloses an attic or roof space shall have a 
fire-resistance rating of not less than 45 min and
	a)	the cladding shall
	i)	be of a noncombustible material conforming 
to Sections 9.20., 9.27. or 9.28. (See 
Appendix Note A-9.10.14.5.(1) in Appendix 
A.), or
	ii)	conform to Clause 3.2.3.7.(3)(d), or
	b)	the wall assembly shall satisfy the criteria of 
Sentences 3.1.5.5.(2) and (3) when subjected to 
testing in conformance with CAN/ULC S134, 
"Fire Test of Exterior Wall Assemblies."
3)  Except as provided in Sentence (4), where the limiting 
distance is not less than 0.6 m and less than 1.2 m, the 
exposing building face and any exterior wall located above 
the exposing building face that encloses an attic or roof 
space shall have a fire-resistance rating of not less than 
45 min and
	a)	the cladding shall
	i)	be of a noncombustible material conforming 
to Sections 9.20., 9.27. or 9.28. (See 
Appendix Note A-9.10.14.5.(1) in Appendix 
A.), or
	ii)	conform to Clause 3.2.3.7.(3)(c) or (d), or
	b)	the wall assembly shall satisfy the criteria of 
Sentences 3.1.5.5.(2) and (3) when subjected to 
testing in conformance with CAN/ULC S134, 
"Fire Test of Exterior Wall Assemblies."
4)  The requirements regarding fire-resistance rating and 
type of cladding-sheathing assemblies shall not apply to an 
exposing building face, or to a projection from an exposing 
building face, where
	a)	the exposing building face or projection is part of a 
dwelling unit and faces a detached garage or 
accessory building, or is part of a garage or 
accessory building and faces a dwelling unit, 
	b)	the detached garage or accessory building serves 
only one dwelling unit or a primary dwelling unit 
with a secondary suite,
	c)	the detached garage or accessory building is 
located on the same property as that dwelling unit, 
and
	d)	the dwelling unit served by the detached garage or 
accessory building is the only major occupancy on 
the property.
5)  Except as provided in Sentence (6), combustible 
projections on the exterior of a wall that are more than 1 m 
above ground level and that could expose an adjacent 
building to fire spread shall not be permitted within
	a)	1.2 m of a property line or the centre line of a 
public way, or
	b)	2.4 m of a combustible projection on another 
building on the same property.
6)  Sentence (5) shall not apply to
	a)	buildings containing 1 or 2 dwelling units only, 
and
	b)	detached garages or accessory buildings, where
	i)	the detached garage or accessory building 
serves only one dwelling unit or a primary 
dwelling unit with a secondary suite,
	ii)	the detached garage or accessory building is 
located on the same property as that dwelling 
unit, and
	iii)	the dwelling unit served by the detached 
garage or accessory building is the only 
major occupancy on the property.
(See Appendix A.)
7)  Where combustible projections from an exposing 
building face are permitted by Sentence (6) and are totally 
enclosed and constructed with solid faces, such as for 
fireplaces and chimneys, and extend within 1.2 m of a 
property line, 
	a)	the construction of the face of the projection shall 
comply with the corresponding requirements for 
exposing building faces for limiting distances less 
than 1.2 m in Sentence (2) or (3),
	b)	the construction required for the face of the 
projection shall also apply to the sides of the 
projection, and
	c)	the underside of the projection shall be protected 
by one of the materials listed in Clause 
3.2.3.6.(5)(b), if it is more than 0.6m above 
finished ground level.
(See Appendix A.)
8)  Where the limiting distance is not more than 0.45 m, 
projecting roof soffits shall not be constructed above an 
exposing building face.
9)  Where the limiting distance is more than 0.45 m, the 
face of roof soffits above an exposing building face are 
permitted to project to not less than 0.45 m from a property 
line. 
10)  Where roof soffits project closer than 1.2 m from a 
property line, they shall
	a)	have no openings, and
	b)	be protected by one of the materials listed in 
Clause 3.2.3.6.(5)(b).
11)  Heavy timber and steel columns need not conform to 
the requirements of Sentence (1), provided the limiting 
distance is not less than 3 m.
	(r)	in Sentence 9.35.1.1.(1) by adding "or a primary 
dwelling unit with a secondary suite" after "dwelling unit";
	(s)	by striking out "Walls and Columns" in the heading for 
Article 9.35.4.1. and substituting "Walls, Columns and 
Ceilings";
	(t)	in Sentence 9.35.4.1.(1) by striking out "Interior" and 
substituting "Except as required by Sentence (2), interior";
	(u)	by adding the following after Sentence 9.35.4.1.(1):
2)  The walls and ceilings of an attached garage shall have an 
interior finish consisting of
	a)	not less than 12.7 mm thick gypsum board conforming 
to Subsection 9.29.5.,
	b)	lath and plaster conforming to Subsection 9.29.4., or
	c)	any material that can be shown to remain in place and 
prevent the passage of flames for not less than 15 min 
when subjected to the standard fire exposure in 
CAN/ULC-S101, "Fire Endurance Tests of Building 
Construction and Materials."
	(v)	by adding the following after Sentence 9.35.4.3.(1).:
9.35.4.4. Thermal Insulation
1)  The walls and ceilings of an attached garage shall be 
provided with thermal insulation that conforms to Subsection 
9.25.2.
	(w)	in Appendix A, "Explanatory Material",
	(i)	in Table A-1.3.1.2. by adding the following after 
the line that refers to NFPA document 1142-
2001, "Water Supplies for Suburban and Rural 
Fire Fighting":
NFPA
1710-2004
Standard for the 
Organization and 
Deployment of Fire 
Suppression Operations, 
Emergency Medical 
Operations, and Special 
Operations to the Public by 
Career Fire Departments
A-3.2.3.1.(8)
	(ii)	by adding the following after Appendix Note 
A-3.2.2.35.(4):
A-3.2.3.1. Fire Protection Related to Limiting Distance versus 
Separation Between Buildings. 
Requirements in the Code for protection against fire spread 
from building to building are related to the limiting distance for 
a building, measured to a property line, the centre line of a 
street or an imaginary line between buildings, rather than the 
distance between adjacent buildings. (See definition for 
limiting distance.)
The Code does not provide requirements based on the distance 
between buildings, for buildings on separate properties, since 
this would result in situations where the design and 
construction of a building on one property would affect the 
design and construction of a building on an adjacent property. 
The Code requirements for reducing the probability of 
building-to-building fire spread were originally developed 
based on an assumption that the exposing building faces of 
adjacent buildings are of similar size and configuration, and are 
placed equidistant from the property line. Where buildings are 
different sizes, the smaller building may be subject to higher 
heat flux in the case of a fire compared to the larger building. 
Where buildings are closely spaced and not equidistant from 
property lines, the construction of the building with the greater 
limiting distance does not recognize the proximity of the 
building with the lesser limiting distance.
At lesser limiting distances, the Code has more stringent 
requirements for maximum area and spacing of unprotected 
openings, and for construction, cladding and fire resistance of 
walls. This recognizes that fire hazard is greater where 
buildings are closer together and that adjacent buildings may 
have exposing building faces of different sizes, configurations 
or limiting distances, which could further increase the hazard.
Limiting distances may also be addressed by the authority 
having jurisdiction through legal agreements where the parties 
agree that the limiting distance be measured to a line that is not 
the property line. Such agreements would normally be 
registered with the titles of both properties.
	(iii)	by striking out Appendix Note A-3.2.3.3.(7) and 
substituting the following:
A-3.2.3.1.(6) Spacing between Individual Unprotected Openings
The spacing values of 2 m horizontally and 2 m vertically 
given in Sentences 3.2.3.1.(6), 9.10.14.4.(4) and 9.10.15.4.(4) 
are not meant to apply at distances from the unprotected 
openings greater than 2 m. Figure A-3.2.3.1.(6) illustrates the 
area around an individual unprotected opening that would be 
considered "off-limits" for another unprotected opening. Other 
individual unprotected openings would be permitted, for 
example, directly above the window shown, provided the 
second window is more than 2 m above the first window.
 
Figure A-3.2.3.1.(6) Spacing between Individual 
Unprotected Openings
A-3.2.3.1.(8) Intervention Time and Limiting Distance
The total time from the start of a fire until fire suppression by 
the fire department begins depends on the times taken for a 
series of actions. Sentence 3.2.3.1.(8) is concerned only with 
the time from receipt of notification of a fire by the fire 
department until the first fire department vehicle arrives at the 
building. Sentence 3.2.3.1.(8) specifies a 10 minute time limit 
that must be met in at least 90% of the calls to the building 
served by the fire department.
This reliability rate and provision for flexibility is essentially 
consistent with NFPA 1710, "Standard for the Organization 
and Deployment of Fire Suppression Operations, Emergency 
Medical Operations, and Special Operations to the Public by 
Career Fire Departments." While providing some guidance, 
NFPA 1710 does not cover all situations.
NFPA 1710 establishes "time objectives" for fire incidents as 
follows:
*	1 minute (60 seconds) for turn-out of responders 
after receipt of notification of a fire, and
*	4 minutes (240 seconds) or less for arrival of the first 
arriving engine company at a fire suppression 
incident and/or 8 minutes (480 seconds) or less for 
the deployment of a full first alarm assignment at a 
fire suppression incident.(1) 
The standard requires that the fire department establish a 
"performance objective" of not less than 90% for each 
response time objective. This reliability level is referred to in 
NFPA 1710 as a "performance objective." 
Where the 10 minute limit cannot be met by the fire 
department at least 90% of the time, Sentence 3.2.3.1.(8) 
specifies that requirements that depend on limiting distance to 
define other criteria are to use a value that is half of the actual 
limiting distance. 
The same applies in Part 9 as stated in Sentence 9.10.14.3.(1) 
and 9.10.15.3.(1).
(1)  Reference: Clause 4.1.2.1. of NFPA 1710, "Standard for 
the Organization and Deployment of Fire Suppression 
Operations, Emergency Medical Operations, and Special 
Operations to the Public by Career Fire Departments," 2004.
A-3.2.3.8.(3) Noncombustible Cladding
The requirement for the exterior protection of foamed plastic 
insulation in an exposing building face is intended to limit the 
exposure of the insulation to flames, thereby reducing the 
possibility of increased radiation to an exposed building. The 
permission to use combustible cladding systems conforming to 
Article 3.1.5.5. does not waive the requirements for 
noncombustible construction or noncombustible cladding in 
Sentences 3.2.3.7.(1).
	(iv)	adding the following after Appendix Note A-
9.10.12.4.(3):
A-9.10.12.5. Protection of Balconies
This Article is intended to apply only to multi-family, multi-
storey residential occupancies and multi-storey hotels or 
motels. It would not be appropriate to apply the requirements 
of this Article to row housing or single-family dwellings with 
or without secondary suites.
The popularity of exterior balconies as a place to smoke or 
barbecue, combined with combustible furnishing, propane, 
increased use of combustible cladding such as vinyl siding and 
lack of balcony sprinkler protection, has contributed to the 
potential for high intensity residential fires.
Provided that the fire department is notified in an appropriate 
time frame, protecting the exterior wall assembly with some 
form of fire-resistant construction (either noncombustible 
cladding or a fire-resistant sheathing material) around the 
entire balcony will decrease the likelihood of a balcony fire 
propagating into the interior of a building or into a concealed 
space within the building prior to the arrival of fire fighting 
personnel. 
Extending the protection 1.2 m on either side of the balcony 
should ensure that any flame extension from a balcony fire is 
not able to compromise the protection provided under windy 
conditions that pull the flame around the edge of a balcony or 
further down the side of the wall.
	(v)	adding the following after Appendix Note A-
9.10.13.2.(1):
A-9.10.14.5.(1) Minor Combustible Cladding Elements
Where the cladding is required to be noncombustible, minor 
elements are permitted to be of combustible material. These 
elements are intended to be distributed over the building face 
and not concentrated in one area.
	(vi)	by striking out Appendix Note A-9.10.18.6.(1) 
and substituting the following:
A-9.10.15.5.(6) Permitted Projections
The definition of exposing building face provided in Sentence 
1.4.1.2.(1) of Division A refers to "that part of the exterior wall 
of a building ... or, where a building is divided into fire 
compartments, the exterior wall of a fire compartment ...." 
Because exposing building face is defined with respect to the 
exterior wall, projections from exposing building faces are 
elements that do not incorporate exterior walls. Depending on 
their specific configurations, examples of constructions that 
would normally be permitted by Sentence 9.10.15.5.(6) are 
balconies, platforms, canopies, eave projections and stairs. 
However, if a balcony, platform or stair is enclosed, its exterior 
wall would become part of an exposing building face and the 
construction could not be considered to be a projection from 
the exposing building face.
A-9.10.15.5.(7) Protection at Projections
Sentence 9.10.14.5.(7) permits certain projections from 
exposing building faces where the constructions do not have 
exterior walls and thus clearly do not constitute part of the 
exposing building face. Sentence 9.10.14.5.(8) refers to other 
types of projections from the exposing building face, such as 
for fireplaces and chimneys. It is recognized that these present 
more vertical surface area compared to platforms, canopies and 
eave projections, and may be enclosed by constructions that are 
essentially the same as exterior walls. These constructions, 
however, do not enclose habitable space, are of limited width 
and may not extend a full storey in height. Consequently, 
Sentence (8) allows these projections beyond the exposing 
building face of buildings identified in Sentence (6) provided 
additional fire protection is installed on the projection.
Figure A-9.10.14.5.(8) illustrates projections that extends 
within 0.6 m or 1.2 m of the property line where additional 
protection must be provided. Where a projection extends 
within 0.6 m of the property line, it must be protected to the 
same degree as an exposing building face that has a limiting 
distance of less than 0.6 m. Where a projection extends within 
1.2 m but not within 0.6 m of the property line, it must be 
protected to the same degree as an exposing building face that 
has a limiting distance of less than 1.2 m. 
Protection is also required on the under-side of the projection 
where the projection is more than 0.6 m above finished ground 
level, measured at the exposing building face.

 
Figure A-9.10.14.5.(7) Protection of projections
normal cladding-sheathing assembly 
cladding-sheathing assemblies providing additional fire 
protection
A-9.10.18.6.(1) Fire Alarm, Fire Detection and Smoke Detection 
Devices and Systems
A number of provisions captured by the cross-reference to 
Subsection 3.2.4. address issues already addressed in 
Subsection 9.10.18. and so are not applicable to Part 9 
buildings. For example, Articles 9.10.18.2. and 9.10.18.8. 
identify the Part 9 buildings where fire alarm systems are 
required, so Article 3.2.4.1. does not apply.
Note that, because the cross-reference relating to sprinkler 
systems in Sentence 9.10.1.2.(8) refers only to Subsection 
3.2.5., the requirements of Subsection 3.2.4. regarding 
electrical supervision and monitoring do not normally apply to 
sprinkler systems in Part 9 buildings. However, where a 
sprinkler system is installed in lieu of heat and smoke detectors 
according to Sentence 9.10.18.3.(3), electrical supervision and  
monitoring of the sprinkler system must comply with the 
provisions in Subsection 3.2.4.

5   Notwithstanding this Regulation, the Building Code Regulation 
(AR 117/2007), as it read immediately before the coming into force of 
this Regulation, remains in force for work in respect of which
	(a)	a permit is issued after September 2, 2007 but prior to May 3, 
2009, by a safety codes officer or other person designated by 
an Administrator pursuant to section 44 of the Safety Codes 
Act, or
	(b)	a permit application is submitted after September 2, 2007 but 
prior to May 3, 2009, to a safety codes officer or other person 
designated by an Administrator pursuant to section 44 of the 
Safety Codes Act,
until that work has been completed or the permit has expired or been 
revoked.

6   This Regulation comes into force on May 3, 2009.



Alberta Regulation 50/2009
Safety Codes Act
FIRE CODE AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 105/2009) 
on March 11, 2009 pursuant to section 65 of the Safety Codes Act. 
1   The Fire Code Regulation (AR 118/2007) is amended by 
this Regulation.



2   Section 1 is repealed and the following is substituted:
Code in force
1   The Alberta Fire Code 2006, as established by the Safety Codes 
Council and published by the National Research Council of Canada, 
is declared in force in respect of fire protection, with the variations 
set out in the Schedule.

3   Section 4 is amended by striking out "November 30, 2016" 
and substituting "November 30, 2014".

4   The following is added after section 5:
Schedule
1   Division B, "Acceptable Solutions", is amended
	(a)	in Table 1.3.1.2. by striking out the line that refers to 
CSA S350-M1980 (R2003), "Code of Practice for Safety 
in Demolition of Structures" including the reference in 
that line to 5.6.1.20.(1) under the column heading 
"Code Reference";
	(b)	by striking out subsections 5.6.1. and 5.6.2. and 
substituting the following:
Section 5.6. Construction and Demolition 
Sites
5.6.1.   General
5.6.1.1.   Application
(See Appendix A.)
1)  This Section applies to fire safety for buildings, parts of 
buildings, facilities, adjacent buildings or facilities and 
associated areas undergoing construction, alteration or 
demolition operations.
5.6.1.2. Protection of Adjacent Building
1)  Protection shall be provided for exposed adjacent 
buildings or facilities from fire originating from buildings, 
parts of buildings, facilities and associated areas 
undergoing construction, alteration or demolition 
operations. (See Appendix A.)
5.6.1.3. Fire Safety Plan
1)  Except as required in Sentence (2), prior to the 
commencement of construction, alteration or demolition 
operations, a fire safety plan shall be prepared for the site 
and shall include
	a)	the designation and organization of site personnel 
to carry out fire safety duties, including a fire 
watch service if applicable,
	b)	the emergency procedures to be followed in the 
event of a fire, including
	i)	initiating a fire warning,
	ii)	notifying the fire department,
	iii)	instructing site personnel on the procedures to 
be followed once the warning has been 
initiated, and
	iv)	confining, controlling and extinguishing the 
fire,
	c)	measures for controlling fire hazards in and around 
the building (see Appendix A), and
	d)	a maintenance procedure for firefighting measures 
required in Section 5.6.
2)  Where construction, alteration or demolition operations 
occur in an existing building that is required to have a fire 
safety plan conforming to Section 2.8., the fire safety plan 
shall take into account the changes occurring to the 
building.
5.6.1.4. Access for Firefighting
1)  Unobstructed access to fire hydrants, portable 
extinguishers and to fire department connections for 
standpipe and sprinkler systems shall be maintained.
2)  A means shall be provided for firefighters to allow for 
firefighting on all levels of the building.
3)  Provision shall be made for the use of existing 
elevators, hoists or lifts to assist such personnel in reaching 
all levels of the building.
4)  Access routes for fire department vehicles shall be 
provided and maintained to construction and demolition 
sites.
5)  Where a construction or demolition site is fenced so as 
to prevent general entry, provision shall be made for access 
by fire department equipment and personnel.
5.6.1.5. Portable Extinguishers
1)  In addition to the other requirements of this Code, 
portable extinguishers shall be provided in unobstructed 
and easily accessible locations
	a)	where hot work operations are carried out,
	b)	where combustibles are stored,
	c)	near internal combustion engines,
	d)	where combustible liquids, flammable liquids or 
gases are stored or handled, and
	e)	where temporary fuel-fired equipment is used.
2)  The extinguishers required by Sentence (1) shall have a 
minimum rating of
	a)	2-A:10-B:C on moveable equipment, and
	b)	4-A:40-B:C in all other locations.
5.6.1.6. Standpipe Systems
(See Appendix A.)
1)  Where a standpipe system is to be installed in a building 
under construction or alteration, the system shall be 
installed progressively in conformance with Subsection 
3.2.5. of Division B of the Alberta Building Code 2006 in 
areas permitted to be occupied.
2)  Where a standpipe is to be installed in portions of a 
building under construction or alteration that is not 
occupied
	a)	a permanent or temporary standpipe system is 
permitted in accordance with Clauses (b) and (c),
	b)	the standpipe system shall be provided with 
conspicuously marked and readily accessible fire 
department connections on the outside of the 
building at the street level and shall have at least 
one hose outlet at each floor,
	c)	the pipe size, hose valves and water supply shall be 
in accordance with Subsection 3.2.5. of Division B 
of the Alberta Building Code 2006,
	d)	the standpipes system shall, as a minimum, be 
securely supported and restrained at each alternate 
floor,
	e)	at least one hose valve for attaching fire 
department hose shall be provided at each 
intermediate landing or floor level in the exit 
stairway,
	f)	hose valves shall be kept closed at all times and 
guarded against mechanical damage,
	g)	the standpipe shall be not more than one floor 
below the highest forms, staging, and similar 
combustibles at all times, and
	h)	temporary standpipe systems shall remain in 
service until permanent standpipe installation is 
complete.
3)  Where a building being demolished floor by floor is 
equipped with a standpipe system, the system, together 
with fire department connections and valves, shall be 
maintained in operable condition on all storeys below the 
one being demolished, except for the storey immediately 
below it.
5.6.1.7. Hot Surface Applications and Hot Works
1)  Any activity that involves heat sources and hot 
processes shall be considered hot works and shall conform 
to the requirements in Sentences (2) and (3) and Section 
5.2.
2)  Bitumen kettles shall
	a)	not be located on roofs,
	b)	be provided with adequate metal covers that are 
close-fitting and constructed of steel having a 
thickness of not less than No. 14 standard gauge,
	c)	be under constant supervision when in operation, 
and
	d)	be maintained free of excessive residue.
3)  Mops that have been used for spreading bitumen shall 
be kept outside the building in a safe location when not in 
use.
5.6.1.8. Provision for Egress
1)  In areas of a building where construction, alteration or 
demolition operations are taking place, at least one exit 
shall be accessible and usable at all times.
2)  In buildings being demolished, at least one stairway 
shall be maintained in usable condition at all times.
5.6.1.9. Fire Warning 
1)  A means shall be provided to alert site personnel of a 
fire and such a means shall be capable of being heard 
throughout the building or facility.
5.6.1.10. Building Services at Demolition Sites
1)  Except as required in Sentence (2) and except for water 
supplies for firefighting, building services shall be 
terminated at a point located outside the building or part 
thereof being demolished. (See Appendix A.)
2)  The service company whose service connections will be 
affected shall be notified before any action described in 
Sentence (1) is taken and, if it is necessary to maintain any 
service, it shall be
	a)	relocated as necessary, and
	b)	protected from damage.
3)  Temporary service installations shall be installed in 
conformance with regulations made pursuant to the Safety 
Codes Act.
5.6.1.11. Ignition Sources
1)  Devices capable of producing ignition, internal 
combustion engines, temporary heating equipment and 
associated devices shall be kept at a safe distance from 
combustible material so as not to cause ignition. (See 
Appendix A.)
2)  The clearance between combustible materials and 
temporary heating equipment, including flues, shall be in 
conformance with Part 6 of Division B of the Alberta 
Building Code 2006 or in conformance with the minimum 
clearances shown on certified heating equipment.
5.6.1.12. Fuel Supply Installation 
1)  Fuel supplies for heating equipment and internal 
combustion engines shall conform to
	a)	CAN/CSA B139, "Installation Code for Oil 
Burning Equipment," or
	b)	gas regulations made pursuant to the Safety Codes 
Act.
5.6.1.13. Tank, Piping and Machinery Reservoir Safety at 
Demolition Sites
1)  Tanks, piping and machinery reservoirs at a demolition 
site shall be taken out of service in conformance with 
Subsection 4.3.15.
2)  Tanks, piping and machinery reservoirs at a demolition 
site that contain combustible liquids or flammable liquids 
or that are likely to contain flammable vapours shall be 
drained and, except as permitted by Sentence (3), removed 
prior to the demolition of the building.
3)  Where it is impracticable to remove tanks, piping or 
machinery reservoirs from the building prior to demolition, 
such equipment shall be conspicuously identified and 
removed as soon as conditions permit.
4)  Tanks, piping and machinery reservoirs referred to in 
Sentences (1), (2) and (3) that once contained combustible 
liquids, flammable liquids or flammable vapours shall be 
purged with inert materials prior to demolition to prevent 
an explosion. (See Appendix A.)
5.6.1.14. Fire Separations in Partly Occupied Buildings
1)  Where part of a building continues to be occupied, the 
occupied part shall be separated from the part being 
demolished or constructed by a fire separation having a 
fire-resistance rating of not less than 1 h.
5.6.1.15. Watch
1)  A watch, with tours at intervals of not more than 1 h, 
shall be provided throughout demolition sites when there 
are occupants in the portion of the building not being 
demolished.
2)  Except where a building is provided with a fire alarm 
system or similar equipment, a watch, with tours at 
intervals of not more than 1 h, shall be provided when a 
portion of the building is occupied while construction 
operations are taking place.
3)  Facilities shall be provided to enable the watcher 
referred to in Sentences (1) and (2) to
	a)	ensure a fire warning is sounded to notify 
occupants, and
	b)	communicate with the fire department.
5.6.1.16. Smoking Restrictions 
1)  Smoking shall be permitted only if Subsection 2.4.2. is 
complied with.
5.6.1.17. Dangerous Goods Storage and Use 
1)  Flammable liquids and combustible liquids shall be 
stored and used in conformance with Part 4.
2)  Dangerous goods shall be stored in conformance with 
Part 3.
3)  Dangerous goods shall be used in conformance with 
Part 5.
5.6.1.18. Temporary Enclosures 
1)  Fabrics and films used to temporarily enclose buildings 
shall be securely fastened to prevent them from being 
blown against heaters or other ignition sources.
5.6.1.19. Disposal of Combustible Refuse 
1)  Combustible refuse in sufficient quantities to constitute 
a fire hazard shall be moved to a safe location.  (See also 
Subsection 8.2.5. of Division B of the Alberta Building 
Code 2006.)
5.6.1.20. Protection during Shutdown 
1)  Except as permitted in Sentence (2), where a fire 
protection system is provided, it shall remain operational 
throughout the construction, alteration or demolition area 
where reasonably practical.
2)  When any portion of a fire protection system is 
temporarily shut down during construction, alteration or 
demolition operations, protection during shutdown shall 
comply with Article 6.1.1.4.
5.6.1.21. Occupied Buildings
1)  When a building is occupied prior to its completion or 
during extensive alterations to it, fire safety measures in the 
occupied portions of the building shall be maintained or 
alternate provisions made.
2)  Measures shall be taken to cordon off and control access 
to the work areas.
3)  Required exits from the occupied area shall be 
maintained or alternate means of egress shall be provided. 
(See Appendix A.)
5.6.2.   Excavation 
5.6.2.1.   Services Shut-off
1)  Except as provided in Article 5.6.2.2., before excavation 
begins, building services shall be shut off, terminated and 
labelled so as to permit them to be easily identified outside 
the limits of the excavation. (See also Sentence 
5.6.1.10.(1).)
2)  The service company whose service connections will be 
affected shall be notified before any action described in 
Sentence (1) is taken and, if it is necessary to maintain any 
service, it shall be
	a)	relocated as necessary, and
	b)	protected from damage.
5.6.2.2. Maintaining Existing Services
1)  Existing gas, electrical, water, steam and other services 
are permitted to be left within the area of the excavation 
provided that
	a)	before work begins, the service company 
concerned has approved the proposed method of 
operation,
	b)	the location of the services is determined before 
excavation commences,
	c)	a suitable method of excavation is adopted that 
will ensure that the services are not damaged, and
	d)	the services are provided with suitable temporary 
supports.
	(c)	in Table 5.8.1.1. by striking out items 5.6.1.2. to 
5.6.2.2. and substituting the following:
5.6.1.2. Protection of Adjacent Building
(1)
[F11,F13,F12-OS1.2,OS1.5] [F01,F82-OS1.1] [F02,F82-OS1.2]
5.6.1.3. Fire Safety Plan
(1)
[F11,F13,F12-OS1.2,OS1.5] [F01,F82-OS1.1] [F02,F82-OS1.2]

[F13,F12-OP1.2] [F01,F82-OP1.1] [F02,F82-OP1.2]
5.6.1.4. Access for Firefighting
(1)
[F12-OS1.2,OS1.5] 
(2)
[F12-OP1.2]

[F12-OS1.2,OS1.5]
(3)
[F12-OP1.2]

[F12-OS1.2,OS1.5]
(4)
[F12-OS1.2,OS1.5]

[F12-OP1.2]
(5)
[F12-OS1.2,OS1.5]

[F12-OP1.2]
5.6.1.5. Portable Extinguishers
(1)
[F12-OP1.2]

[F12-OS1.2]
(2)
[F02-OP1.2]

[F02-OS1.2]
5.6.1.6. Standpipe Systems
(1)
[F02,F12-OS1.2]

[F02,F12-OP1.2]
(2)
[F02,F12-OS1.2]

[F02,F12-OP1.2]
(3)
[F12,F82-OP1.2] 

[F12,F82-OS1.2]
5.6.1.7. Hot Surface Applications and Hot Works
(1)
[F01-OS1.1]

[F01-OP1.1]
(2)
[F01-OS1.1]

[F01-OP1.1]
(3)
[F01-OS1.2]

[F01-OP1.2]
5.6.1.8. Provision for Egress 
(1)
[F10,F82-OS3.7]
(2)
[F10,F82-OS3.7]
5.6.1.9. Fire Warning
(1)
[F11-OS1.5]
5.6.1.10. Building Services at Demolition Sites 
(1)
[F01,F43-OS1.1]

[F01,F43-OP1.1]

[F32-OS3.3]
(2)
[F81-OS1.1,OS1.2]

[F81-OP1.1,OP1.2]
(3)
[F32-OS3.4]

[F01-OS1.1,OS1.2]
5.6.1.11. Ignition Sources 
(1)
[F01,OS1.1]

[F01,OP1.1]
(2)
[F01,OS1.1,OS1.2]

[F01,OP1.1]
5.6.1.13. Tank, Piping and Machinery Reservoir Safety at 
Demolition Sites 
(2)
[F01,F43-OS1.1] [F01-OS1.1]
(3)
[F01,F81-OS1.1]
(4)
[F01,F43-OS1.1]
5.6.1.14. Fire Separations in Partly Occupied Buildings
(1)
[F03-OP1.2]

[F03-OS1.2]
5.6.1.15. Watch
(1)
[F02-OS1.2,OS1.5]
(2)
[F02-OS1.5,OS1.2]
(3)
[F13-OS1.5,OS1.2]
5.6.1.16. Smoking Restrictions 
(1)
[F01-OS1.1]
5.6.1.18. Temporary Enclosures 
(1)
[F01-OS1.1,OS1.2]
5.6.1.19. Disposal of Combustible Refuse 
(1)
[F02-OP1.2]
5.6.1.20. Protection during Shutdown 
(1)
[F12, F82-OS1.2]

[F12, F82-OP1.2]

[F02-OP3.1]
(2)
[F02-OP1.2]

[F02-OP3.1]

[F02-OS1.2,OS1.5]
5.6.11.21. Occupied Buildings
(1)
[F10,F11,F12,F13,F82-OS1.5] [F01-OS1.1] 

[F02,F11,F13,F82-OS1.2]

[F02,F11,F12,F13,F82-OP1.2] [F01,F82-OP1.1]
(2)
[F34-OS1.1] [F34-OS3.4]
(3)
[F10-OS1.5]
5.6.2.1. Services Shut-off
(1)
[F01, F43, F81-OS1.1,OS1.2] 

[F01, F43, F81-OP1.1,OP1.2] 

[F32,OS3.3] 
(2)
[F81-OS1.1,OS1.2]

[F81-OP1.1,OP1.2] 
5.6.2.2. Maintaining Existing Services
(1)
[F81-OS1.1,OS1.2]
	(d)	in Appendix A
	(i)	in the line of Table A-1.3.1.2. that refers to 
NFPA 326-2005, "Safeguarding of Tanks and 
Containers for Entry, Cleaning, or Repair", by striking 
out "A-5.6.1.13.(3)" under the column heading 
"Code Reference" and substituting "A-5.6.1.13.(4)";
	(ii)	by striking out Appendix Notes A 5.6.1.1.(2) to 
A 5.6.1.21.(3) and substituting the following:
A-5.6.1.1.  The degree of application should be determined in 
advance in conjunction with the authority having jurisdiction. In 
construction, alteration or demolition operations that do not pose 
an exposure hazard to other buildings, or to occupants, the 
degree of application of Section 5.6. may be minimal. 
The degree of application of Section 5.6. to each operation 
should be determined in advance, as part of the fire safety plan 
for the operation, taking into consideration such issues as the size 
of the operation, exposure hazards to adjacent buildings or 
facilities and the site conditions. Operations can range from large 
multi-storey buildings to small single-storey residences and may 
include additions or alterations to existing buildings.
A-5.6.1.2.  Methods or materials to protect adjacent buildings or 
facilities can range from active to passive systems such as spatial 
separation, installing water curtains, using construction methods 
and materials that may include gypsum sheathing, or erecting a 
temporary fire barrier such as fire tarpaulin.
A-5.6.1.3.(1)(c)  The control of fire hazards in and around 
buildings being constructed, renovated or demolished includes 
fire protection for combustible construction materials and 
combustible refuse on the site. The sizes of piles of materials and 
refuse and the location of such piles in relation to adjacent 
buildings are factors that should be taken into consideration in 
determining which fire protection measures to implement. The 
selection of fire protection measures for demolition operations 
will also depend on the demolition procedure being used, the 
specific conditions existing on the site and the firefighting 
capabilities of the responding fire department.
It is the intent of this Code that requirements regarding the 
outdoor storage of materials stated in Section 3.3. be referred to 
and applied at construction and demolition sites.
A-5.6.1.6.  It is not expected that all aspects of Subsection 3.2.5. 
of Division B of the Alberta Building Code 2006 are applicable 
to buildings, parts of buildings, facilities and associated areas 
undergoing construction, alteration or demolition operations for 
unoccupied areas. 
When the temperature causes freezing conditions, the standpipe 
should be drained to prevent damage to the equipment. It is not 
expected that hoses and nozzles be made available in the 
building under construction, alteration or demolition operations, 
as they will be brought to the relevant floor by the responding 
fire department.
This requirement applies only in areas where the standpipe is 
required under the Alberta Building Code for that building.
A-5.6.1.10.(1)  A safe area for the location of terminated 
building services, such as gas and fuel lines, electrical lines, 
water and steam piping, is in an area away from the building or 
part thereof that is safe enough so as not to cause damage to the 
building or part thereof in the event of their accidental breakage. 
In some cases, terminated services can be located directly outside 
the building or part thereof if adequate protection is provided, 
and in others, they can be located at the property line and/or 
service connection.
A-5.6.1.11.(1)  Minimum clearances shown on certified heating 
equipment or as described in Part 6 of Division B of the Alberta 
Building Code 2006 should be provided between combustible 
materials and temporary heating equipment, including flues such 
as exhaust discharges from internal combustion engines.
A-5.6.1.13.(4)  Guidance on methods of rendering inert tanks, 
piping and machinery reservoirs is available in NFPA 326, 
"Safeguarding of Tanks and Containers for Entry, Cleaning, or 
Repair."
A-5.6.1.21.(3)  Where exits are obstructed by construction while 
the building is occupied, an alternative means of egress must be 
established. Replacing a window with a door and providing the 
necessary step and walkway could be an acceptable temporary 
solution.


--------------------------------
Alberta Regulation 51/2009
Marketing of Agricultural Products Act
ALBERTA EGG PRODUCERS PLAN AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 108/2009) 
on March 11, 2009 pursuant to section 23 of the Marketing of Agricultural Products 
Act. 
1   The Alberta Egg Producers Plan Regulation (AR 258/97) 
is amended by this Regulation.

2   The following is added after section 5(5):
(5.1)  Notwithstanding subsection (4), where an owner exempted 
under subsection (4) sells the regulated product in accordance with 
an exemption granted by the Board, any regulations made in 
respect of this Plan respecting the payment of levies and service 
charges apply to that owner and to that regulated product.

3   Section 19(6)(b) is amended by striking out "one year" and 
substituting "18 months".

4   Section 19.1 is amended
	(a)	by repealing subsection (2) and substituting the 
following:
(2)  Notwithstanding section 19(3), with the approval of the 
Board and the registered producers, a member of the Board 
may be permitted to serve as a member of the Board for one 
additional 3-year term in order to enable the Board to fulfill 
commitments to the Canada Board.
	(b)	in subsection (3)(b) by striking out "3 years have" and 
substituting "one year has".


--------------------------------
Alberta Regulation 52/2009
Fisheries (Alberta) Act
GENERAL FISHERIES (ALBERTA) (RESIDENCE REQUIREMENT 
RELAXATION, 2009) AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 117/2009) 
on March 11, 2009 pursuant to section 43 of the Fisheries (Alberta) Act. 
1   The General Fisheries (Alberta) Regulation (AR 203/97) is 
amended by this Regulation.

2   Section 44(3) is amended by adding "or an individual who 
makes his or her home and is ordinarily present in Canada" after 
"Alberta".



Alberta Regulation 53/2009
Fatality Inquiries Act
FATALITY INQUIRIES AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 121/2009) 
on  March 11, 2009 pursuant to section 55 of the Fatality Inquiries Act. 
1   The Fatality Inquiries Regulation (AR 65/2000) is 
amended by this Regulation.

2   Section 2(1)(a) is amended by striking out "jurors,".

3   Section 14 is amended by striking out "March 31, 2009" 
and substituting "April 30, 2017".

4   The Schedule is amended by repealing section 8.


--------------------------------
Alberta Regulation 54/2009
Provincial Offences Procedure Act
COURT AGENTS AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 124/2009) 
on March 11, 2009 pursuant to section 42 of the Provincial Offences Procedure Act. 
1   The Court Agents Regulation (AR 68/2001) is amended 
by this Regulation.

2   Section 8 is repealed.



Alberta Regulation 55/2009
Protection Against Family Violence Act
PROTECTION AGAINST FAMILY VIOLENCE AMENDMENT REGULATION
Filed: March 12, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 127/2009) 
on March 11, 2009 pursuant to section 14 of the Protection Against Family Violence 
Act. 
1   The Protection Against Family Violence Regulation 
(AR 80/99) is amended in section 2 by striking out "presiding 
justices of the peace" and substituting "a sitting justice of the peace 
or as a presiding justice of the peace".


--------------------------------
Alberta Regulation 56/2009
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 
(MINISTERIAL) REGULATION
Filed: March 12, 2009
For information only:   Made by the Minister of Service Alberta (M.O. SA:009/2009) 
on March 5, 2009 pursuant to section 94(3) of the Freedom of Information and 
Protection of Privacy Act. 
Designation of public bodies
1   The following bodies are designated as public bodies:
	(a)	Alberta Post-secondary Application System Society;
	(b)	Alberta Enterprise Corporation;
	(c)	Travel Alberta.
Authority
2   This Regulation is made in accordance with section 94(3) of the 
Act and is repealed in accordance with section 94(2) or (4) of the Act.
Expiry
3   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on November 30, 2013.
Coming into force
4   Section 1(c) comes into force on the coming into force of section 2 
of the Travel Alberta Act.


Alberta Regulation 57/2009
Marketing of Agricultural Products Act
CATTLE MARKETING AMENDMENT REGULATION
Filed: March 13, 2009
For information only:   Made by Alberta Beef Producers on February 18, 2009 
pursuant to section 2 of the Alberta Beef Producers Authorization Regulation 
(AR 352/2003) and approved by the Agricultural Products Marketing Council on 
March 2, 2009 pursuant to section 2 of the Marketing of Agricultural Products Act.
1   The Cattle Marketing Regulation (AR 204/98) is amended 
by this Regulation.

2   Section 1(g)(i) is repealed.

3   Section 9(1) is amended
	(a)	by striking out "markets" and substituting "produces, 
markets or processes";
	(b)	by striking out "marketing" and substituting 
"production, marketing or processing".

4   Section 10 is amended by repealing clause (a) and 
substituting the following:
	(a)	is a dealer, or

5   Section 13 is amended by striking out "2009" and 
substituting "2014".


--------------------------------
Alberta Regulation 58/2009
Marketing of Agricultural Products Act
ALBERTA ELK MARKETING AMENDMENT REGULATION
Filed: March 13, 2009
For information only:   Made by the Alberta Elk Commission on February 25, 2009 
pursuant to section 2 of the Alberta Elk Authorization Regulation and approved by the 
Agricultural Products Marketing Council on March 2, 2009 pursuant to section 2 of 
the Marketing of Agricultural Products Act.
1   The Alberta Elk Marketing Regulation (AR 256/2002) is 
amended by this Regulation.

2   Section 14 is amended by striking out "March 31, 2009" 
and substituting "September 30, 2009".