Change of use and renovation (Parts 10 and 11)

(1)In this Part,

Building system means a combination of elements or components that form a complete major division of construction in the design of a building or part of a building, including a structural or framing system, a waterproofing system, a drainage system, an exterior cladding system, a roofing system, a window system, a partition system, a corridor system, a stair system, a fire alarm and detection system, a sprinkler system or a heating, ventilation or air-conditioning system, a foundation system, a standpipe and hose system, a flooring system, a plumbing system, a sewage system or an electrical system.

(1)Where proposed construction will result in the change of major occupancy of all or part of an existing building to another major occupancy, the building shall be classified as to its,

(a)construction on the basis of its construction index as provided for in this Part, including Table 11.2.1.1.-A, and (See Note A-11.2.1.1.(1)(a))

(b)occupancy on the basis of its hazard index as provided for in this Part, including Tables 11.2.1.1.-B to 11.2.1.1.-N. (See Note A-11.2.1.1.(1)(b))

(2)Small or medium sized existing buildings as determined in Tables 11.2.1.1.-B to 11.2.1.1.-N facing multiple streets may be assigned a hazard index credit of 1, which may be subtracted from the hazard index of the proposed major occupancy to reduce the additional upgrading required by Table 11.4.3.4.-A provided,

(a)the building does not contain a Group B, Division 1, a Group C, or a Group F, Division 1 occupancy, and

(b)firefighting access complying with Articles 3.2.5.1. to 3.2.5.5. or Subsection 9.10.20. is provided.

(3)The requirements of Articles 2.2.2.3. to 2.2.2.8. and 3.2.2.20. to 3.2.2.93. do not apply to this Part.

(4)For the purpose of this Part, the calculation of the construction index and hazard index for a Group G major occupancy is permitted to be based on a Group F, Division 2 major occupancy.

Construction index means a level on a scale of 1 to 8 determined in accordance with Table 11.2.1.1.-A of Division B designating the expected performance level of the building structure with respect to the type of construction and fire protection of an existing building, and "C.I." has a corresponding meaning.

(1)Where an existing building system is materially altered or repaired, the performance level of the building after the material alteration or repair shall be at least equal to the performance level of the building prior to the material alteration or repair. (See Note A-11.3.1.1.(1))

(1)Where an existing building is extended,

(a)this Part applies to the existing portion of the building, and

(b)the extended portion of the building shall comply with all other Parts.

(1)Except as provided in Sentence (2) and Article 11.3.3.2., construction may be carried out to maintain the existing performance level of all or part of an existing building, by the reuse, relocation or extension of the same or similar materials or components, to retain the existing character, structural uniqueness, heritage value, or aesthetic appearance of all or part of the building, if the construction will not adversely affect the early warning and evacuation systems, fire separations or the structural adequacy or will not create an unhealthy environment in the building.

(2)Construction in respect of a Group B, Division 3 occupancy, a hotel or a retirement home may be carried out in accordance with Sentence (1) only if the construction will be in conformance with the Fire Code made under the Fire Protection and Prevention Act, 1997.

(1)Where existing interior walls or ceilings or floor assemblies or roof assemblies are substantially removed in an existing building and new interior walls, ceilings, floor assemblies or roof assemblies are installed in the building, structural and fire-resistance elements shall be constructed in compliance with the requirements of the other Parts.

(2)Except as provided in Section 11.5., the proposed construction within an existing suite shall comply with the requirements of Section 3.8. where,

(a)new interior walls or floor assemblies are installed,

(b)the suite has an area greater than 300 m², and

(c)the suite is located in,

(i)a floor area where the existing difference in elevation between the adjacent ground level and the floor level is not more than 200 mm, or

(ii)a normally occupied floor area which is accessible by a passenger type elevator or other platform equipped passenger elevating device from an entrance storey where the existing difference in elevation between the adjacent ground level and the entrance storey level is not more than 200 mm.

(3)Except as provided in Section 11.5., the proposed construction within an existing suite, other than a suite described in Sentence (2) or a suite in a building described in Clause 3.8.1.1.(1)(a), (b), (c) or (d), shall comply with the requirements of Sentences 3.8.1.3.(6), 3.8.2.3.(6), 3.8.3.1.(6), 3.8.3.3.(19), 3.8.3.7.(1), 3.8.3.15.(5) and 3.8.3.16.(4) where new interior walls or floor assemblies are installed. (See Note A-11.3.3.2.(3))

(4)Except as provided in Sentence (5), where existing interior walls or ceilings or floor assemblies or roof assemblies are substantially removed on any storey in an existing building and new interior walls, ceilings, floor assemblies or roof assemblies are installed, the storey shall be sprinklered if,

(a)the storey will contain a Group C major occupancy, and

(b)the building is over 3 storeys in building height.

(5)Sentence (4) does not apply where the building,

(a)conforms to Subclause 3.2.2.50.(1)(a)(ii), and

(b)contains dwelling units having means of egress conforming to Sentence 3.3.4.4.(8).

(6)Where existing interior walls or ceilings or floor assemblies or roof assemblies are substantially removed and new interior walls, ceilings, floor assemblies or roof assemblies are installed in an existing building or part of an existing building that is a retirement home, the following requirements apply:

(a)the retirement home shall be sprinklered,

(b)a voice communication system conforming to Article 3.2.4.23. shall be provided in the building, if Clause 3.2.6.8.(1)(b) or

(c)as applicable, requires that such a voice communication system be provided in the building, and

(c) doors to suites and sleeping rooms not within suites in the retirement home, other than doors leading directly to the exterior, shall be equipped with self-closing devices.

(1)The performance level of a building after construction shall not be less than the performance level of the building prior to construction.

(2)For the purposes of Sentence (1), reduction of performance level shall be determined in accordance with Subsection 11.4.2.

(3)Where the proposed construction would reduce the performance level of an existing building, compensating construction shall be required in conformance with Subsection 11.4.3.

(4)For the purpose of this Subsection, where a permit to construct a farm building has been applied for before January 1, 2025, the performance level of the farm building is permitted to be evaluated based on the applicable requirements of Ontario Regulation 332/12 (Building Code) made under the Act, as it read on December 31, 2024.

(1)Except as provided in Sentences 11.4.2.5.(2) and (3), the performance level of an existing building is reduced where proposed construction will increase the occupant load of an existing building by more than 15%.

(2)The performance level of an existing building is reduced where proposed construction will increase the occupant load by 15% or less and the new occupant load will be more than 15% above the occupant load for which a fire alarm system is required under Sentence 3.2.4.1.(2).

(3)The performance level of an existing building is reduced where proposed construction will increase the occupant load by 15% or less and the new occupant load will be more than 15% above the existing exit capacity as required under Article 3.4.3.2.

(1)The performance level of an existing building of combustible construction is reduced where the existing building is extended by adding a storey or storeys such that the extended building will be more than four storeys in building height.

Compliance alternative means a substitute for a requirement in another Part of Division B that is listed in Part 10 or 11 of Division B, and "C.A." has a corresponding meaning.

(1)A compliance alternative shown in Table 11.5.1.1.-A, 11.5.1.1.-B, 11.5.1.1.-C, 11.5.1.1.-D/E or 11.5.1.1.-F may be substituted for a requirement contained in Part 3, 4, 6 or 8 where the chief building official is satisfied that compliance with the requirement is impracticable because,

(a)of structural or construction difficulties, or

(b)it is detrimental to the preservation of a heritage building.

(2)A compliance alternative shown in Table 11.5.1.1.-A, 11.5.1.1.-B, 11.5.1.1.-C, 11.5.1.1.-D/E or 11.5.1.1.-F may be substituted for a requirement contained in Part 9 or 12 without satisfying the chief building official that compliance with the requirement is impracticable.