Change of use and renovation (Parts 10 and 11)

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

(2)For the purposes of Sentence (1), reduction of performance level shall be determined in accordance with Article 10.3.2.2.

(3)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 Sentence (2), the performance level of a building or part of a building is reduced where the existing structural floor and roof framing systems and their supporting members are not adequate to support the proposed dead loads and live loads of the new major occupancy that the building is to support.

(2)The inadequacy of the existing structural floor or roof framing system and its supporting members to support the proposed dead loads and live loads does not reduce the performance level of the building if the portion of the floor affected by the proposed loads is restricted to the loading it will support and signs stating the restrictions are posted.

(3)Except as provided in Section 10.4., the performance level of a building or part of a building is reduced where the early warning and evacuation systems requirements of the building do not meet the early warning and evacuation systems requirements set out in Table 10.3.2.2.-A for the new major occupancy that the building is to support.

(4)Except as provided in Sentence (5), the performance level of an existing building is reduced where a change in use will result in a change of the major occupancy of all or part of an existing building to another major occupancy of a greater hazard index.

(5)Except as provided in Sentence (6), if the hazard index of the new major occupancy is greater than the hazard index of the existing major occupancy, the performance level is not reduced where the hazard index of the new major occupancy is not greater than the construction index of the existing building.

(6)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 new major occupancy 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.

(7)Except as provided in Sentence (8), the performance level of a building or part of a building is reduced in an existing building of combustible construction where,

(a)the occupancy is changed to a residential occupancy in all or part of the building, and

(b)if the building was new, it would have been required to be of noncombustible construction or to be constructed in accordance with Article 3.2.2.51. or 3.2.2.60.

(8)A change in the occupancy of a building or part of a building to a residential occupancy does not reduce the performance level of the building or part of the building where,

(a)the building is sprinklered, and

(b)the building does not exceed 6 storeys in building height.

(9)The performance level of a building or part of a building is reduced where the new major occupancy in an existing building of multiple occupancy is not separated from adjoining major occupancies by fire separations having fire-resistance ratings conforming to Article 3.1.3.1., Subsection 9.10.9. or Table 10.3.2.2.-B.

(10)The performance level of a building is reduced where the building after the change of major occupancy will not comply with Article 3.1.3.2. or 9.10.9.14.

(11)The performance level of a building or part of a building is reduced where, after a change of major occupancy,

(a)the total daily design sanitary sewage flow of the new major occupancy, calculated in accordance with Article 8.2.1.3., exceeds the capacity of any component of a sewage system serving the building, or

(b)the type or amount of sanitary sewage that will, under the new major occupancy, be discharged to a sewage system serving the building is prohibited by Article 8.1.3.1.

(12)The performance level of an existing building or part of an existing building is reduced where,

(a)the use of the building or part of the building is changed to a retirement home, and

(b)any of the following applies:

(i)the retirement home is not sprinklered throughout,

(ii)Clause 3.2.6.8.(1)(b) or

(c)as applicable, requires that a voice communication system conforming to Article 3.2.4.22. be provided in the building and such a system is not provided in the building, or

(iii) the retirement home contains one or more doors to suites or sleeping rooms not within suites, other than doors leading directly to the exterior, that are not equipped with self-closing devices.

(1)Where an existing building is subject to extension, material alteration or repair,

(a)the proposed construction shall comply with Section 11.3., and

(b)the performance level of the building shall be evaluated and compensating construction shall be undertaken in accordance with Section 11.4.

(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.

Performance level means the level of performance under which all or part of an existing building functions with respect to its building systems.

(1)Nothing in this Part relieves an applicant from complying with the requirements of Article 2.2.1.2., 3.1.3.2. or 9.10.9.14.

(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)Except as provided in Article 11.3.3.1. and Section 11.5., the design and construction of a new building system or the extension of an existing building system, shall comply with all other Parts. (See Note A-11.3.1.2.(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)Despite Subsections 11.3.1. to 11.3.3., when an existing building is extended or subject to material alteration or repair, Part 7 applies,

(a)to the design and construction of plumbing in the extensions and those parts of the building subject to material alteration and repair, and

(b)to plumbing which is adversely affected by the extension, alteration or repair.

(1)Despite Subsections 11.3.1. to 11.3.3., where an existing septic tank is subject to material alteration, repair or replacement, the construction of the septic tank shall comply with Part 8.

(1)Despite Subsections 11.3.1. to 11.3.3., where an existing sewage system is extended or is subject to material alteration or repair, the requirements respecting the vertical separation to the water table set out in Part 8 apply to the extended, altered or repaired portions of the sewage system as well as to the existing portions of the sewage system.

(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)The performance level of an existing building is reduced where after proposed construction in all or part of an existing building,

(a)the major occupancy will change to a different major occupancy,

(b)the occupant load will increase by more than 15%, or

(c)the live load will increase due to change in use within the same major occupancy,

and the existing structural floor and roof framing systems and their supporting members after the construction are not adequate to support the proposed dead loads and live loads.

(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)Except as provided in Sentence 11.4.2.5.(4), the performance level of an existing building is reduced where proposed construction will result in,

(a)the change of the major occupancy of all or part of an existing building to another major occupancy of a greater hazard index.

(b)the conversion of a suite of a Group C major occupancy into more than one suite of Group C major occupancy,

(c)the conversion of a suite or part of a suite of a Group A, Division 2 or a Group A, Division 4 major occupancy into a gaming premises,

(d)the change of a farm building or part of a farm building to another major occupancy other than a Group G major occupancy,

(e)the change of a building or part of a building to a post-disaster building,

(f)the change of a building or part of a building to a retirement home,

(g)the change in use of a building or part of a building where the previous major occupancy of the building or part of the building cannot be determined, or

(h)the change of a farm building or part of a farm building to a Group G, Division 1 major occupancy.

(2)For the purpose of this Article and Sentences 11.4.2.1.(1) and 11.4.2.5.(4), the change of use set out in Clauses (1)(b) to (h) is also deemed to constitute a change in major occupancy.

(3)The performance level of an existing building is reduced where the early warning and evacuation systems requirements of other Parts for the proposed major occupancy exceed those of the existing building.

(4)The performance level of an existing building is reduced where the proposed major occupancy in the building is not separated from the adjoining major occupancies by fire separations having fire-resistance ratings conforming to Tables 2.2.1.4., 3.1.3.1. and 11.4.3.4.-B.

(5)The performance level of an existing building is reduced where the occupancy of all or part of an existing building of combustible construction is changed to a new major occupancy that would require the building, if it were a new building, to be of noncombustible construction or to be constructed in accordance with Article 3.2.2.51. or 3.2.2.60.

(6)Despite Clause (1)(a), the performance level of an existing building is reduced where proposed construction will result in the change of the major occupancy of all or part of an existing building to a Group C major occupancy in a building over 3 storeys in building height, except in a building conforming to Subclause 3.2.2.50.(1)(a)(ii) and having an egress facility conforming to Sentence 3.3.4.4.(8).

(1)The performance level of an existing building is reduced where the existing building is extended or subject to material alteration or repair and a sewage system serving the existing building is adversely affected by the extension, alteration or repair of the existing building.

(2)Except as provided in Sentence (3), the performance level of an existing building is reduced where proposed construction will increase the occupant load of an existing building, and the new occupant load will result in the total daily design sanitary sewage flow of the building, calculated in accordance with Article 8.2.1.3., exceeding the capacity of any component of a sewage system serving the building.

(3)The performance level of an existing dwelling unit is reduced where proposed construction that,

(a)increases the number of bedrooms in the dwelling unit,

(b)exceeds 15% of the finished area of the dwelling unit, or

(c)adds new plumbing fixtures to the dwelling unit,

will result in the total daily design sanitary sewage flow of the dwelling unit, calculated in accordance with Article 8.2.1.3., exceeding the capacity of any component of a sewage system serving the dwelling unit.

(4)The performance level of an existing building is reduced where proposed construction will result in the change of a major occupancy of all or part of the existing building to another major occupancy and,

(a)the total daily design sanitary sewage flow of the proposed major occupancy, calculated in accordance with Article 8.2.1.3., exceeds the capacity of any component of a sewage system serving the building, or

(b)the type or amount of sanitary sewage which will, under the proposed major occupancy, be discharged to a sewage system serving the building, is prohibited by Article 8.1.3.1.

(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.

(1)Where the performance level of an existing building is reduced under Subsection 11.4.2., compensating construction shall be carried out in accordance with this Subsection.

(2)Except as provided in Sentence (3), compensating construction required under this Subsection applies to the part of the building being altered and shall include,

(a)fire separations, with the required fire-resistance ratings, separating the part being altered from the floor areas immediately above and below and from the immediate adjacent areas, and

(b)access to exits and exits from the building, where the alteration adversely affects the exit system of the building.

(3)Compensating construction required under this Subsection applies to the existing building systems that are adversely affected by the proposed construction.

(1)Where the performance level of an existing building is reduced under Sentence 11.4.2.2.(1), (2) or (3), the building shall be evaluated, and the early warning and evacuation systems shall be upgraded, in conformance with the applicable requirements of Table 11.4.3.3.

(2)Sentence (1) does not apply in a Group C occupancy where the new total occupant load is,

(a)14 persons or fewer in a boarding, lodging or rooming house, except that where the occupant load is between 10 and 15 persons, an interconnected system of smoke alarms in corridors near stairways is required, or

(b)16 persons or fewer in a building containing residential suites which are dwelling units, except that where the occupant load is between 10 and 17 persons, an interconnected system of smoke alarms in corridors near stairways is required.

(3)Where the performance level of an existing building is reduced under Sentence 11.4.2.2.(1), additional construction shall be required in order that the building or part of the building subject to the increase in occupant load conforms to the requirements of Sentences 2.4.2.1.(1) and 6.3.1.1.(2), Subsection 3.7.4. and Article 9.31.1.1.

(1)Where the performance level of an existing building is reduced under Clause 11.4.2.3.(1)(a), (b), (c), (d), (e) or (g), additional upgrading shall be required in conformance with Table 11.4.3.4.-A and so that the construction index of the building is increased to at least equal the hazard index of the new major occupancy that the building is to support.

(2)A building or part of the building subject to a change of major occupancy shall conform to the requirements of Articles 2.4.2.3. to 2.4.2.5., Subsection 3.2.6., Sections 3.7., 3.11., 3.12., Sentences 6.3.1.1.(2), and 6.3.2.7.(1) and 9.33.6.13.(7.1), Subsections 9.5.1. and 9.5.3., 9.5.3A. to 9.5.3F. and 9.5.4., Section 9.7., Subsection 9.10.17., Sections 9.31. and 9.32., and Subsections 9.34.1. to 9.34.3. as they apply to the new major occupancy that the building or part of the building is to support.

(3)Where the performance level of an existing building is reduced under Sentence 11.4.2.3.(3), the building shall be evaluated, and the early warning and evacuation systems shall be upgraded, in conformance with the applicable requirements of Table 11.4.3.3.

(4)Where the performance level of an existing building is reduced under Sentence 11.4.2.3.(4), upgrading of the fire separations shall be required in conformance with the applicable requirements of Article 3.1.3.1. and Table 11.4.3.4.-B.

(5)Where the performance level is reduced under Sentence 11.4.2.3.(5), the requirement for the building to be of noncombustible construction or to be constructed in accordance with Article 3.2.2.51. or 3.2.2.60. is satisfied if the building is sprinklered.

(6)Where the performance level is reduced under Sentence 11.4.2.3.(6), the storey subject to the change shall be sprinklered.

(7)Where the performance level of an existing building is reduced under Clause 11.4.2.3.(1)(f), the following requirements apply:

(a)the retirement home shall be sprinklered,

(b)a voice communication system conforming to Article 3.2.4.22. shall 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.

(8)Where a major occupancy is changed to a Group B, Division 2 major occupancy, heating, ventilating, air conditioning systems shall conform to the requirements of Sentence 6.2.1.1.(1).

(9)Where a major occupancy is changed to a Group B, Division 3 major occupancy, ventilation, air circulation, and filtration systems shall conform to the requirements of Sentence 6.2.1.1.(1).

(1)Where the performance level of an existing building is reduced under Article 11.4.2.6., the building shall be sprinklered.

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.

(1)Except as provided in Sentence (3), a compliance alternative to a requirement contained in Part 3, 4, 6 or 8 that is shown in Tables 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 the requirement 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)Except as provided in Sentence (3), a compliance alternative to a requirement contained in Part 9 or 12 shown in Tables 11.5.1.1.-C, 11.5.1.1.-D/E or 11.5.1.1.-F may be substituted for the requirement without satisfying the chief building official that the requirement is impracticable.

(3)Where the building has been in existence for less than five years, compliance alternatives may only be used in respect of requirements of this Division that are referenced in Sentences 10.3.2.2.(3), (5) and Table 10.3.2.2.-B.