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House study guideHouses and Part 9

Renovation compliance alternatives and Division C administration

Part 11 compliance alternatives (Table 11.5.1.1.C), and the Division C items on permits, occupancy, notices and inspections, alternative solutions and rulings.

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Values this chapter turns on

min stair width between walls, C112
700 mm
min stair width between walls, C112
clear height over nosings, C112
1,800 mm
clear height over nosings, C112
glass area cut allowed under C110
50%
glass area cut allowed under C110
max building area, early occupancy rules
600 m²
max building area, early occupancy rules

The House exam ends with two topics that are not about building parts. First, Part 11 compliance alternatives, which let renovations to existing houses depart from some new-construction rules. Second, the Division C administrative rules a house designer or inspector deals with on every job: permits, documents on site, occupancy before completion, notices, as constructed plans, alternative solutions and Minister's rulings. Division C is administered under the Building Code Act (OBC Div. C 1.1.1.2.OBC Div. C 1.1.1.2. Conformance with Administrative Requirements(1) This Code shall be administered in conformance with the Act.).

Compliance alternatives for existing houses

A compliance alternative (C.A.) is a defined term: a substitute for a Division B requirement that is listed in Part 10 or 11 (Div. A 1.4.1.2.OBC Div. A 1.4.1.2.(1) Compliance alternativeCompliance 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.). Compare an alternative solution, which is a substitute for an acceptable solution (Div. A 1.4.1.2.OBC Div. A 1.4.1.2.(1) Alternative solutionAlternative solution means a substitute for an acceptable solution.). The exam likes to swap these two definitions.

11.5.1.1.OBC Div. B 11.5.1.1. Compliance Alternatives(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… sets the rule for using them:

Requirement being replaced Condition
Part 3, 4, 6 or 8 The chief building official must be satisfied that compliance is impracticable, because of structural or construction difficulties or harm to a heritage building
Part 9 or 12 No impracticability test; the C.A. may simply be used

For houses, the table that matters is Table 11.5.1.1.-COBC Div. B Table 11.5.1.1-C. Compliance Alternatives for Residential Occupancies — Forming Part of Article 11.5.1.1.Table 11.5.1.1.-C Compliance Alternatives for Residential Occupancies — Forming Part of Article 11.5.1.1. C.A. Number | Division B Requirements | Compliance Alternative C1 | 3.1.4.7. | Existing heavy timber construction acceptable where construction is within 90% of member sizes listed in Part 3. C2 | 3.1.5.2. to…, compliance alternatives for residential occupancies. Read it by the "Division B Requirements" column: find the article you cannot meet, then read the alternative beside it. Examples a house candidate should know, in our words:

C.A. Replaces What it allows
C104 9.3.2.1. Sound used lumber without a grade stamp, with conditions; unknown grade uses the lowest grade in the span tables
C105 9.5.3.1. Lower room heights in existing dwelling units (not secondary suites)
C110 9.7.2.3. Window glass area cut by 50% where the window is not used for egress
C112 9.8.1. to 9.8.4. A replaced or extended stair is exempt, but keeps 700 mm width between walls and 1,800 mm clear height
C116, C117 9.8.7., 9.8.8. Existing handrails and guards stay unless the chief building official considers them unsafe
C150, C156 9.10.8. and 9.10.9. items 30 min ratings, or 15 min horizontal separations in a house with a secondary suite where smoke alarms are interconnected
C179 9.10.19.4. Smoke alarms may be battery operated
C181 9.11.1.1. Sound control options for a house with a secondary suite, such as STC 43
C195 9.26. Existing roofing acceptable, but re-roofing must meet eave protection (9.26.5.)

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Design by engineers, conditional permits, posting and site documents

C-1.2.1.1.OBC Div. C 1.2.1.1. Application(1) Article 1.2.1.2. applies with respect to a building described in clause 11(3)(a) or (b) of the Architects Act or subsection 12(4) or clause 12(5)(a) of the Professional Engineers Act. brings in 1.2.1.2.OBC Div. C 1.2.1.2. Design by Architect or Professional Engineer(1) A foundation of a building shall be designed by a professional engineer where, (a) the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or (b) underpinning of a foundation is to be…, which lists work that must be designed by a professional engineer regardless of building size. For houses the key items are a foundation built below the footings of an adjacent building within the soil's angle of repose, and any underpinning.

Conditional permits. Under section 8(3) of the Act, a chief building official may issue a conditional permit for a stage of construction. 1.3.1.5.OBC Div. C 1.3.1.5. Conditional Permits(1) The chief building official shall not issue a conditional permit for any stage of construction under subsection 8(3) of the Act unless compliance with the following applicable laws has been achieved in respect of the proposed building or construction: (a) section 3 of the Building Transit Faster Act, 2020 with… lists laws that must be complied with first, for example the Conservation Authorities Act, the Ontario Heritage Act and the Niagara Escarpment Act. A conditional permit must show that it is conditional.

Posting. The permit or a copy is posted in a conspicuous place on the property throughout construction or demolition (1.3.2.1.OBC Div. C 1.3.2.1. Permit Posting(1) Where a permit has been issued pursuant to the Act, the person to whom it is issued shall have the permit or a copy of it posted at all times during construction or demolition in a conspicuous place on the property in respect of which the permit was issued.).

On site (1.3.2.2.OBC Div. C 1.3.2.2. Documentation on Site(1) The person in charge of the construction of the building shall keep and maintain on the site of the construction, (a) at least one copy of drawings and specifications certified by the chief building official or a person designated by the chief building official to be a copy of those submitted with the application…) the person in charge keeps:

  • a copy of the drawings and specifications certified by the chief building official, with authorized changes,
  • any Building Materials Evaluation Commission authorizations the permit relied on,
  • any Minister's rulings the permit relied on.

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Occupying a house before completion

There are two paths, and the exam tests the difference.

Occupancy of an unfinished residential building (1.3.3.2.OBC Div. C 1.3.3.2. Conditions for Residential Occupancy(1) A person may occupy or permit to be occupied a building intended for residential occupancy that has not been fully completed at the date of occupation provided that, (a) the building, (i) is of three or fewer storeys in building height and has a building area not exceeding 600 m², (ii) has not more than 1 dwelling…). Allowed where the building is three storeys or less, has a building area of 600 m² or less, has no more than one dwelling unit above another and no more than two units sharing an egress. It must also have no tourist accommodation and no retirement home. Exits, handrails, guards, alarms, fire separations, garage gas-proofing and self-closers, water, sewage, lighting and heating must be complete, operational and inspected. Water, drain and vent systems must also be tested. The occupier must notify the chief building official forthwith upon completion (1.3.3.3.OBC Div. C 1.3.3.3. Notification(1) Where a person has occupied or permitted the occupancy of a building under Article 1.3.3.1. or 1.3.3.2., such person shall notify the chief building official forthwith upon completion of the building.).

Occupancy permit for new houses (1.3.3.4.OBC Div. C 1.3.3.4. Occupancy Permit — Certain Buildings of Residential Occupancy(1) No person shall occupy or permit to be occupied a building described in Sentence (3), or part of it, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (4). (2) This Article…). Covers a building of three storeys or less and 600 m² or less, with no unit above another and no shared means of egress. A typical detached house fits. Nobody may occupy it until the chief building official issues an occupancy permit. That happens once the following are complete or substantially complete for the unit:

  • the structure,
  • the building envelope, including insulation, vapour and air barriers and rated assemblies,
  • protection over the insulation,
  • electrical supply,
  • firefighting access routes,
  • exits, handrails, guards, smoke and CO alarms and fire separations,
  • water, sewage, lighting and heating,
  • tested plumbing,
  • substantially complete fixtures.

Where a registered code agency is appointed, the permit follows its occupancy certificate.

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Notices and inspections

1.3.5.1.OBC Div. C 1.3.5.1. Prescribed Notices(1) This Article sets out the notices that are required under section 10.2 of the Act. (2) The person to whom a permit under section 8 of the Act is issued shall notify the chief building official or, where a registered code agency is appointed under the Act in respect of the construction to which the notice relates… lists the prescribed notices under section 10.2 of the Act. They go to the chief building official, or to the registered code agency if one is appointed. For a Part 9 house they include readiness to construct footings, and completion of footings and foundations before backfill. Then completion of framing and heating ductwork and piping, insulation and vapour barriers, air barrier systems, and fire separations. Then readiness to test drains, sewers, water service and the plumbing, and completion of the items needed for occupancy.

1.3.5.2.OBC Div. C 1.3.5.2. Additional Notices(1) A by-law, resolution or regulation made by a principal authority under clause 7(1)(e) of the Act may require that notice of one or more of the following stages of construction be given by the person to whom a permit is issued under section 8 of the Act: (a) commencement of construction of the building, (b)… lists extra notices a municipality may require only by by-law. Examples: start of construction, masonry fireplaces and chimneys, interior finishes, exterior cladding, site grading and as constructed drawings. A classic question gives four stages and asks which is prescribed without a by-law.

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As constructed plans

The chief building official may require as constructed plans only where the principal authority has passed a by-law, resolution or regulation under clause 7(1)(g) of the Act (1.3.6.1.OBC Div. C 1.3.6.1. Application(1) Where a by-law, resolution or regulation has been made by a principal authority under clause 7(1)(g) of the Act, the chief building official may require that as constructed plans for the whole of, or any part or system of, a building or any class of buildings be provided by the persons responsible for the…).

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Alternative solutions and Minister's rulings

Someone proposing an alternative solution gives the chief building official or registered code agency documentation (C-2.1.1.1.OBC Div. C 2.1.1.1. Documentation(1) The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that, (a) identifies applicable objectives, functional statements and acceptable solutions, and (b) establishes on the basis of past performance, tests described in Article…). It must identify the applicable objectives, functional statements and acceptable solutions, and show the solution performs at least as well as required. It also covers assumptions, limits, testing and any maintenance or commissioning needs. Where no published test exists, tests must simulate or exceed service conditions, or compare against a known acceptable product (C-2.1.1.2.OBC Div. C 2.1.1.2. Tests(1) Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material…).

The Minister may approve an alternative material, system or design under clause 29(1)(c) of the Act only if it is consistent with one of three things (C-2.4.2.1.OBC Div. C 2.4.2.1. Criteria(1) Sentence (2) sets out criteria to be followed by the Minister when making a ruling under clause 29(1)(c) of the Act to approve the use of an alternative material, system or building design. (2) The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may…):

  • a Building Code Commission decision,
  • an approval across another province or territory,
  • an approved revision to the National Building or Plumbing Code.

Ministerial interpretations are posted publicly (C-2.4.3.1.OBC Div. C 2.4.3.1. Interpretations By Minister(1) Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public, (a) by posting the interpretation on the Building Code website, and (b) by providing a written copy of the interpretation on receipt of a request for it.).

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Common traps

  • Confusing compliance alternative (Part 10/11 substitute) with alternative solution (substitute for an acceptable solution).
  • Applying the impracticability test to Part 9 items. It applies only to Parts 3, 4, 6 and 8.
  • Treating by-law notices (cladding, finishes, grading) as prescribed notices.
  • Forgetting that 1.3.3.4. needs an occupancy permit, while 1.3.3.2. needs a notice on completion.

Chapter review

Chapter at a glance

One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.

Usual exam traps

  • Confusing compliance alternative (Part 10/11 substitute) with alternative solution (substitute for an acceptable solution).
  • Applying the impracticability test to Part 9 items. It applies only to Parts 3, 4, 6 and 8.
  • Treating by-law notices (cladding, finishes, grading) as prescribed notices.
  • Forgetting that 1.3.3.4. needs an occupancy permit, while 1.3.3.2. needs a notice on completion.

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Questions on Renovation compliance alternatives and Division C administration, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.

Code cited in this chapter

Based on the official 2024 Building Code Compendium on ontario.ca.

© King's Printer for Ontario, 2024. Reproduced with permission.

  • OBC Div. C 1.1.1.2. Conformance with Administrative Requirements

    (1)This Code shall be administered in conformance with the Act.

    Open OBC Div. C 1.1.1.2. in the code viewer
  • OBC Div. A 1.4.1.2.(1) Compliance alternative

    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.

    Open OBC Div. A 1.4.1.2.(1) in the code viewer
  • OBC Div. A 1.4.1.2.(1) Alternative solution

    Alternative solution means a substitute for an acceptable solution.

    Open OBC Div. A 1.4.1.2.(1) in the code viewer
  • OBC Div. B 11.5.1.1. Compliance Alternatives

    (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.

    Open OBC Div. B 11.5.1.1. in the code viewer
  • OBC Div. B Table 11.5.1.1-C. Compliance Alternatives for Residential Occupancies — Forming Part of Article 11.5.1.1.

    Table 11.5.1.1.-C Compliance Alternatives for Residential Occupancies — Forming Part of Article 11.5.1.1. C.A. Number | Division B Requirements | Compliance Alternative C1 | 3.1.4.7. | Existing heavy timber construction acceptable where construction is within 90% of member sizes listed in Part 3. C2 | 3.1.5.2. to 3.1.5.4.; 3.1.5.8. | Existing acceptable. C3 | 3.1.5.9. to 3.1.5.12. | Except for exposed foamed plastics, existing acceptable. To match existing, materials may be added from on or off site. C4 | 3.1.5.18. to 3.1.5.20.; 3.1.5.21. | Existing acceptable. C5 | 3.1.7.1. | Fire-resistance ratings may also be used where they are based on: (a) HUD Rehabilitation Guidelines, "Guideline on Fire Ratings of Archaic Materials and Assemblies". (b) DBR Technical Paper No. 194, "Fire Endurance of Protected Steel Columns and Beams". (c) DBR Technical Paper No. 207, "Fire Endurance of Unit Masonry Walls". (d) DBR Technical Paper No. 222, "Fire Endurance of Light-Framed and Miscellaneous Assemblies". C6 | 3.1.7.5.(3) | Existing assemblies required to be of noncombustible construction may be supported by combustible construction having at least the same fire-resistance rating as that supported. C7 | 3.1.8.1.(2); 3.1.8.6.(1) and (2) | Existing functional closures are acceptable and may be relocated within the same existing Fire separation. C8 | 3.1.8.5.(2) | (a) Existing functional and sound doors in existing buildings that are either hollow metal or kalamein and containing wired glass at least 6 mm thick and conforming to Sentence 3.1.8.16.(2) are permitted in lieu of doors not required to exceed 45 min. (b) All existing functional and sound hollow metal or kalamein doors which carry existing 1.5 h labels are acceptable in lieu of current 1.5 h labels and may contain wired glass panels not exceeding 0.0645 m², at least 6 mm thick and conforming to Sentence 3.1.8.16.(2). (c) Every fire door, window assembly or glass block used as a closure in a required Fire separation shall be installed in conformance with good engineering practice. C9 | 3.1.8.7. to 3.1.8.10. | Except for hotels, Fire dampers or fire stop flaps are not required to be installed in existing ducts at penetrations of existing Fire separations. C10 | 3.1.8.12.(1) | For existing unlabeled doors in existing buildings, at least 45 mm solid core wood or metal clad are acceptable. Except for residential occupancies, existing closure rating of 20 min will not be required where the entire floor area is sprinklered. C11 | 3.1.8.14.(1) and (2) | In retirement homes, between a suite and a public corridor, existing 'pause' type self-closing devices may be used as hold-open devices where functionally operable. C12 | 3.1.8.15. | Existing functionally operable latching devices, excluding draw bolts, are acceptable. C13 | 3.1.8.16. | Existing transoms or sidelights located in Fire separations not required to be greater than 1 h may be retained if wired glass, at least 6 mm thick, is securely fixed to a wood frame of at least 50 mm thickness with steel stops. Operable transoms shall be fixed closed. C14 | 3.1.8.17. to 3.1.8.19. | Existing acceptable. C15 | 3.1.11. | Where the concealed space is being materially altered, provide smoke or heat detection in that space in lieu of fire blocks and tie into fire alarm system. C16 | 3.2.3. | Existing windows. (a) Existing windows in walls may be relocated to another part of the wall, provided the existing opening is blocked up to provide the same fire rating for the wall, and the projection of the new opening, at a right angle to the property line onto another building, lies not closer than 300 mm from a window in such other building, where the "opposite" window is less than 2,400 mm from the opposite new opening. (b) Except relocation of units, shall be restricted to the same fire compartment and shall conform to the requirements of Article 3.2.3.14. or 9.10.12.3. where applicable. (c) Where a building does not satisfy the requirements of Subsection 3.2.3. for the amount of openings facing a yard or space that does not have sufficient limiting distance, such existing openings are allowed to be relocated provided: (i) Such openings are not increased in size and they are protected with wired glass in steel frames conforming to Sentence 3.1.8.16.(2). (ii) The building is sprinklered. C17 | 3.2.3.6.(3) | Existing roof soffit projections acceptable. C18 | 3.2.4. | (a) Existing fire alarm system may remain except that Article 3.2.4.5. does not apply where the fire safety plan (as described in the Fire Code made under the Fire Protection and Prevention Act, 1997) for the building addresses the intent of Subsection 3.2.4. (i.e. "stage" system, electrical supervision, detection as required, Fire Department connection, and emergency power supply). (b) Extension of an existing system must ensure continuity and compatibility, and integrity of the system. C19 | 3.2.4.8.(2)(e) | Does not apply to existing installations in buildings. C20 | 3.2.4.9.(5)(c) | Does not apply to existing installations in buildings. C21 | 3.2.4.20. | Except for retirement homes, such smoke alarms may be battery operated. C22 | 3.2.5.1.; 3.2.5.2. | Existing acceptable. C23 | 3.2.5.3.(1) | Existing access acceptable. C24 | 3.2.5.3.(2) | Existing acceptable. C25 | 3.2.5.4. to 3.2.5.6. | (a) For buildings 6 storeys and less, existing access to existing occupancy is acceptable. (b) Where existing building is changed to a "C" occupancy, an access route shall be provided, or the existing access is acceptable provided the building is sprinklered. C26 | 3.2.5.7. | Existing water supply and hydrants are acceptable in buildings up to 6 storeys in building height. C27 | 3.2.5.8. to 3.2.5.11. | Does not apply to buildings 4 storeys and less. For existing buildings over 4 storeys in building height, existing standpipe and hose systems water supply is acceptable provided it can deliver a minimum flow rate of 265 L/min for 30 min at 345 kPa (gauge) at the two highest and most remote hose valves, with not less than 132 L/min from each of the two simultaneously. C28 | 3.2.5.12. | Existing sprinkler systems in existing buildings that do not conform to NFPA 13 may be altered, added to, or extended from the existing system without complying with NFPA 13, provided the system is operational and adequate with respect to coverage, water supply and controls, and provided the system is evaluated by a qualified designer. C29 | 3.3.1.4.(1); 3.3.4.2.(1) | 30 min is acceptable to separate corridors or exits in buildings not exceeding 6 storeys in building height, except that 45 min is required for exits in buildings exceeding 3 storeys in building height. For buildings exceeding 6 storeys in building height, 30 min is acceptable where smoke detectors are installed in corridors, except 1 h is required in exits. 30 min is acceptable to separate public corridors, exits or suites in hotels, provided fire detectors are installed in every room in a suite and in every room not located in a suite, other than corridors, washrooms, closets in suites, saunas, refrigerated areas and swimming pools. C30 | 3.3.1.5.(1)(c); Tables 3.3.1.5.-A and 3.3.1.5.-B | In Column 2, maximum area of room or suite to be unlimited. C31 | 3.3.1.9. | Existing width of public corridors of not less than 914 mm is acceptable. C32 | 3.3.1.11.; 3.3.1.12. | Existing door swings may remain in heritage buildings, existing or being restored, with no change in major occupancy and with occupant load no greater than 100. C33 | 3.3.1.13. | Existing doors acceptable, provided not less than 600 mm wide. C34 | 3.3.1.14. | Existing curved or spiral stairs acceptable. C35 | 3.3.1.17. | Existing non-conforming capacities of access to exits are acceptable, provided that the excessive capacity is no greater than 15% and: (a) Corridor Fire separations are rated to Code plus early warning system provided. (b) There are sprinklers, plus smoke alarms in suites. C36 | 3.3.1.18. | Does not apply to heritage buildings. C37 | 3.3.1.20. | Existing stained, etched, bevelled, leaded or figured glass acceptable. C38 | 3.3.4.2.(3)(b)(i) 3.3.4.2.(3)(b)(ii), (iii) | 30 min Fire separation acceptable. 45 min Fire separation acceptable. C39 | 3.3.4.4.(4) and (5) | For buildings 6 storeys and less, doorway from dwelling unit will be permitted to open directly into exit stairway or interior corridor served by a single exit if a fire alarm system complying with Subsection 3.2.4. is installed and the dwelling unit has a second and separate means of egress. C40 | 3.3.5.4.(1) and 3.3.5.7.(4) | Need not comply where a gasketed door and self closer are provided in the existing Fire separation. C41 | 3.4.1.4. | Except for hotels and retirement homes, the following types of exits may also be used for buildings not over 6 storeys in building height: (a) Connected balconies, which connect across firewalls, or connect to another exit, or with access to ground level. (b) Areas of refuge where fire service rescue is possible and that comply with Measure L of Sentences (4) to (10), (18) and Clauses (20)(a), (b) and (d) in MMAH Supplementary Standard SB-4, "Measures for Fire Safety in High Buildings". C42 | 3.4.1.8. | Existing stained, etched, bevelled, leaded or figured glass acceptable. C43 | 3.4.2.5.(1) | Existing travel distance acceptable where floor area is sprinklered and provided fire separations comply with Part 3. C44 | 3.4.3.2.(7) | Existing width of exits acceptable provided the occupant load is not more than 15% above the exit capacity. C45 | 3.4.3.3. | Except for heritage buildings, existing acceptable, provided not less than 800 mm. C46 | 3.4.3.4. | Existing headroom clearance of not less than 1,980 mm is acceptable. C47 | 3.4.4.1.(1) | Except for exits, no rating required where floor areas are sprinklered. C48 | 3.4.4.1. | Fire separations of exits permitted in buildings: (a) 30 min, up to 3 storeys in building height. (b) 45 min, in hotels up to 3 storeys in building height. (c) 45 min, up to 6 storeys in building height. (d) 1 h, over 6 storeys in building height. C49 | 3.4.4.4.(8) | Existing washrooms opening directly into an exit stairwell shall be separated from the exit stairwell by a 45 min closure. C50 | 3.4.5.1.(2) and (9) | Existing illuminated legible exit signs are acceptable. C51 | 3.4.6.1. | Existing acceptable. C52 | 3.4.6.2. | Existing acceptable, if visually apparent. C53 | 3.4.6.3.(1) | Existing acceptable with rise no greater than 3.7 m. C54 | 3.4.6.4.(1) to (3) | Existing acceptable. C55 | 3.4.6.4.(4) and (5) | Existing acceptable. C56 | 3.4.6.5.(3) to (13) | Existing acceptable. C57 | 3.4.6.6.(2) to (4) | Existing acceptable. C58 | 3.4.6.7.(1) | Existing acceptable. C59 | 3.4.6.8. | Existing acceptable. C60 | 3.4.6.9. | (a) Except for retirement homes, existing acceptable. (b) For retirement homes, existing acceptable provided there is no change in major occupancy or increase in occupant load greater than 15%. C61 | 3.4.6.10.(2) to (6) | Existing acceptable. C62 | 3.4.6.11.(1) to (3) | Existing acceptable. C63 | 3.4.6.12. | Existing acceptable in heritage buildings provided the occupant load is not more than 60. C64 | 3.4.6.16.(1) to (4) | Existing functionally operable panic hardware acceptable. C65 | 3.4.7.2. | Except for retirement homes, combustible fire escapes which are protected from fire in accordance with Sentence 3.2.3.13.(2) are permitted or may be reconstructed or recreated (as in the case of a heritage building). C66 | 3.5.1. | Existing acceptable except where building is classified under Subsection 3.2.6. C67 | 3.6.2.1.(7) | 45 min Fire separation acceptable. C68 | 3.6.2.2. | Existing acceptable where explosion-resistant construction or venting is provided. C69 | 3.6.2.6. | Existing acceptable. C70 | 3.6.2.7.(1) | 2 h Fire separation acceptable. C71 | 3.6.3.1.(1) to (5) | 45 min Fire separation acceptable up to 6 storeys. C72 | 3.6.3.3.(2) | Where 2 h Fire separation is required, 1 h is acceptable. Except for linen discharge rooms where 1 h Fire separation is required, 45 min is acceptable. C73 | 3.6.3.3.(4) and (5) | Existing sizes acceptable. C74 | 3.6.3.3.(9) | Where 2 h Fire separation is required, 1 h is acceptable. C75 | 3.6.4.2. | Except for retirement homes, ceiling Fire separation need not have a fire-resistance rating where sprinklering, subject to C.A. C27, of fire compartments on both sides of vertical Fire separation is provided and where such Fire separation is not required to exceed 1 h. C76 | 3.6.4.3.(1) | Existing to meet flame-spread rating of 25 or to be sprinklered. C77 | 3.6.4.4. to 3.6.4.6. | Existing access acceptable. C78 | 3.7.1.1.(2) | Minimum room height shall be not less than 1,950 mm over the required floor area and any location that would normally be used as a means of egress. C79 | 3.7.2.1. | (a) Where windows are not used as means of egress and where they do not conflict with ventilation requirements, the minimum glass areas as shown in Table 9.7.2.3. may be reduced by 50%. (b) An existing room converted to an interior room, created by an addition, shall not require a window, provided there is an opening in a dividing wall occupying not less than 30% of the separating plane to an adjoining room, where the adjoining room has a minimum of 5% window area of the combined floor areas, and provided the required ventilation for the combined room is maintained. C80 | 3.7.4. | Where the occupant load is increased by more than 15% above the capacity of the existing facilities, facilities to be added to accommodate the increase. C81 | 3.8.1.2. | Existing accessible entrance acceptable. (see C.A. C88) Existing curb ramp conforming to Sentence 3.8.3.2.(3) is acceptable. Existing principal entrance acceptable, provided at least one barrier-free entrance is available. C82 | 3.8.1.3.(1) | Existing unobstructed width of 920 mm minimum is acceptable. C83 | 3.8.1.3.(4) | Existing unobstructed space not less than 1,500 mm in width and 1,500 mm in length located not more than 30 m apart is acceptable. C84 | 3.8.3.2.(3)(b) | Existing curb ramp acceptable, provided width not less than 1,200 mm. C85 | 3.8.3.3.(1) | Existing doorway acceptable, provided not less than 800 mm wide. C86 | 3.8.3.3.(11)(a) | Existing distance acceptable, provided not less than 1,200 mm plus the width of any door that swings into the space in the path of travel. C87 | 3.8.3.4.(1)(a) | Existing ramp acceptable, provided not less than 870 mm between handrails. C88 | 3.8.3.8.(5) | Existing grab bar is acceptable. C89 | 3.8.3.12. | Existing universal washroom acceptable. C90 | 3.8.3.13.(2) (g) | Existing grab bar is acceptable. C91 | 3.8.3.16. | Existing drinking fountain conforming to Clauses 3.8.3.16.(2)(a) and (b) acceptable. C92 | 3.11.3.1.(9) | Existing clear width acceptable, provided not less than 900 mm. C93 | 3.11.3.1.(14) | Existing painted line acceptable. C94 | 4.1.8. | The requirements under this Subsection do not apply. C95 | 6.3.1.1.(2) | Required outdoor air rates may be provided by mechanical, natural or combination of natural and mechanical means. C96 | 6.3.2.3.; 6.3.2.6.; 6.3.2.6A.; 6.3.2.10. | Existing acceptable. C97 | 6.3.2.7.(1) | In a building containing not more than four dwelling units or residential suites, the existing heating or air-conditioning system may be altered to serve more than one dwelling unit or suite, provided smoke alarms are installed in each dwelling unit or suite and provided a smoke detector is installed in the supply or return air duct system serving the entire building which would turn off the fuel supply and electrical power to the heating system upon activation of such detector. C98 | 6.3.2.9. | Existing openings, grilles and diffusers acceptable. C99 | 6.3.3. | Existing acceptable, provided products of combustion are safely vented. C100 | 6.5.1.1. | Existing acceptable. C101 | 6.9.4.4.(1) | Carbon monoxide alarms may be battery operated or plugged into an electrical outlet. C102 | 8.2.1.4. | Existing clearances acceptable where a sewage system is replaced with another sewage system within the same class and the capacity of the replacement sewage system does not exceed the capacity of the existing sewage system. C103 | 8.2.1.4. | Existing clearances are acceptable where a replacement sewage system requires lesser clearances than those required in Part 8 for the existing sewage system. C104 | 9.3.2.1. | Sound used lumber may be acceptable for reuse without a grade stamp provided that: (a) Visual examination shows no excessive weakening by holes, notches, nail splits or other damage. (b) Where the grade or species is unknown, the minimum grade shall apply for span table use. (c) Lumber has not been subjected to termite infestation. C105 | 9.5.3.1. | Except for secondary suites, in a dwelling unit: (a) Minimum room height shall not be less than 1,950 mm over the required floor area and in any location that would normally be used as a means of egress. (b) Minimum room height shall not be less than 2,030 mm over at least 50% of the required floor area, provided that any part of the floor having a clear height of less than 1,400 mm shall not be considered in computing the required floor area. C106 | 9.5.11.1. | Doors may be lesser heights to suit ceiling heights. C107 | 9.5.11.2. | Existing acceptable, provided not less than 600 mm. C108 | 9.6.1.2.(2) and (3); 9.6.1.4.(1) and (2) | Existing doors and sidelights being reused or relocated need not conform if identified or protected. C109 | 9.6.1.4.(3) | Existing acceptable, if marked to indicate their existence and position. C110 | 9.7.2.3. | (a) Where windows are not used as a means of egress and where they do not conflict with ventilation requirements, the minimum glass areas as shown in Table 9.7.2.3. may be reduced by 50%. (b) An existing room converted to an interior room, created by an addition, shall not require a window, provided there is an opening in a dividing wall occupying not less than 30% of the separating plane to an adjoining room, where the adjoining room has a minimum of 5% window area of the combined floor areas, and provided the required ventilation for the combined room is maintained. C111 | 9.7.4. | Existing acceptable. C112 | 9.8.1. to 9.8.4. | Replacement or extension of existing stair systems shall be exempt from the provisions of these Subsections, except that they shall have: (a) A minimum width between wall faces of 700 mm. (b) A minimum clear height over tread nosing or landing of 1,800 mm. C113 | 9.8.4.3. and 9.8.4.7. | Existing curved or spiral stairs are acceptable. C114 | 9.8.4.5. | Where a stair complies with Subsection 9.8.4., an extension to a stair may contain two sets of winders provided that they are separated by at least three treads or a landing. C115 | 9.8.5.1.(2) | Existing ramps acceptable, where practical. C116 | 9.8.7. | Existing handrails acceptable, unless considered unsafe by chief building official. C117 | 9.8.8. | Existing guards acceptable, unless considered unsafe by chief building official. C118 | 9.8.9.6.(4) | Existing acceptable. C119 | 9.9.2.1.(1) to (2.1) | Except for hotels, the following types of exits may also be used: (a) Connected balconies, which connect across firewalls, or connect to another exit, or with access to grade. (b) Areas of refuge approved by the chief building official, where fire service rescue is possible. (c) Combustible or noncombustible exterior stairways or fire escapes which are protected in accordance with Sentence 3.2.3.13.(2). These may be reconstructed or recreated (as in the case of a heritage building). C120 | 9.9.2.1.(4) | Except for hotels, existing acceptable. C121 | 9.9.3.2. | (a) In a building containing not more than four dwelling units, the width of every exit facility may be as the existing, but not less than 800 mm. (b) In a building containing more than four dwelling units, the width of every exit facility may be as the existing, but not less than 900 mm. C122 | 9.9.3.3. | (a) In a building containing not more than four dwelling units, the minimum width of a public corridor may be 800 mm. (b) In a building containing more than four dwelling units, the minimum width of a public corridor may be 900 mm. C123 | 9.9.3.4. | Existing clear height of not less than 1,950 mm is acceptable. C124 | 9.9.4.2. | Except as permitted in C.A. C136, in a building containing not more than four dwelling units or suites, one exit need not be separated from the remainder of the building at the first storey where there are one or more other exits complying with C.A. C122. C125 | 9.9.4.2.(1) and (2) | 30 min Fire separation acceptable. C126 | 9.9.5.4. | Existing acceptable. C127 | 9.9.5.8. | Existing acceptable provided minimum 45 min Fire separation and where explosion-resistant construction or venting is provided. C128 | 9.9.5.9. | Existing acceptable, provided that the enclosure has a 45 min fire-resistance rating. C129 | 9.9.6.1. | Except for hotels, existing acceptable. C130 | 9.9.6.2. | Existing clear opening height of not less than 1,950 mm is acceptable. C131 | 9.9.6.3. | Existing door widths are acceptable, provided exit widths conform to C.A. C117. C132 | 9.9.6.5. | Existing door swings acceptable. Existing acceptable in public heritage buildings, where approved by chief building official. C133 | 9.9.6.6.(1) | Where exit doors open onto a landing, they shall not extend beyond the face of the first riser. C134 | 9.9.6.8. | Existing functionally operable passage or panic hardware acceptable. C135 | 9.9.7.4.(1)(a) | Maximum area of existing room or suite does not apply. C136 | 9.9.7.5. | Except as provided in C.A. C139, in a single dwelling unit or a house with a secondary suite, the Code requirement applies. C137 | 9.9.8.2.(1) | Existing travel distance acceptable where floor area is sprinklered and provided fire separations comply with Part 9. C138 | 9.9.8.5. | In a building containing not more than four dwelling units or suites, existing glazed solid wood doors to lobby may remain in lieu of new 20 minute doors, provided the Fire separations for the floor above or below are provided as per C.A. C154, and a second means of egress from the dwelling units complies with the Code requirements. C139 | 9.9.9 | In a single dwelling unit or a house with a secondary suite, exit requirements are acceptable if at least one of the following conditions exists: (a) A door, including a sliding door, that opens directly to the exterior from a dwelling unit, serves only that dwelling unit and has reasonable access to ground level, and the dwelling units are equipped with smoke alarms installed in conformance with Subsection 9.10.19. (b) An exit that is accessible to more than one dwelling unit and provides the only means of egress from each dwelling unit, provided that the means of egress is separated from the remainder of the building and common areas by a Fire separation having a 30 min fire-resistance rating and provided further that the required access to exit from any dwelling unit cannot be through another dwelling unit, service room or other occupancy, and both dwelling units and common areas are provided with smoke alarms that are installed in conformance with Subsection 9.10.19. and are interconnected. (c) Access to an exit from one dwelling unit which leads through another dwelling unit where: (i) An additional means of escape is provided through a window that conforms to the following: (A) The sill height is not more than 1,000 mm above or below adjacent ground level. (B) The window can be opened from the inside without the use of tools. (C) The window has an individual unobstructed open portion having a minimum area of 0.38 m² with no dimension less than 460 mm. (D) The sill height does not exceed 900 mm above the floor or fixed steps. (E) Where the window opens into a window well, a clearance of not less than 1,000 mm shall be provided in front of the window. (F) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19. and are interconnected. (ii) An additional means of escape is provided through a window that conforms to the following: (A) The window is a casement window not less than 1,060 mm high, 560 mm wide, with a sill height not more than 900 mm above the inside floor. (B) The sill height of the window is not more than 5 m above adjacent ground level. (C) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19. and are interconnected. (iii) The building is sprinklered and the dwelling units are equipped with smoke alarms installed in conformance with Subsection 9.10.19. C140 | 9.9.10.1. | In a single dwelling unit or a house with a secondary suite, existing acceptable, where there is direct access to the exterior. C141 | 9.9.11. | In a single dwelling unit or a house with a secondary suite, the requirements under this Subsection do not apply. C142 | 9.9.11.3. | Existing illuminated legible signs are acceptable for exit signs, if approved by chief building official. C143 | 9.9.12. | In a single dwelling unit or a house with a secondary suite, the requirements under this Subsection apply only where the condition described in (b) of C.A. C139 exists. C144 | 9.10.1.1. | Assemblies required to be of noncombustible construction may be supported by combustible construction having at least the same fire-resistance rating as that supported. C145 | 9.10.1.3.(8) to (10) | Existing installations acceptable subject to C.A. C26, C27 and C28. C146 | 9.10.3. | Fire-resistance ratings may also be used where they are based on: (1) HUD Rehabilitation Guidelines, "Guideline on Fire Ratings of Archaic Materials and Assemblies". (2) DBR Technical Paper No. 194, "Fire Endurance of Protected Steel Columns and Beams". (3) DBR Technical Paper No. 207, "Fire Endurance of Unit Masonry Walls". (4) DBR Technical Paper No. 222, "Fire Endurance of Light-Framed and Miscellaneous Assemblies". C147 | 9.10.5.1. | (a) Existing openings in existing wall or ceiling membranes to remain. (b) Existing openings may be moved to another location in the same wall or ceiling, provided the aggregate area of openings does not increase and are not cumulative, and the existing opening is blocked up to provide the same rating as the existing wall or ceiling assembly. C148 | 9.10.6.2. | Existing heavy timber construction acceptable where construction is within 90% of member sizes listed in Part 3. C149 | 9.10.7. | Existing acceptable for heritage buildings, subject to approval of chief building official. C150 | 9.10.8.1.; 9.10.8.3.; 9.10.8.8. | (a) Except as provided in (b) and (c), 30 min rating is acceptable. (b) In a house with a secondary suite, 15 min horizontal Fire separation is acceptable where: (i) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19. (ii) Smoke alarms are interconnected. (c) In a house with a secondary suite, the fire-resistance rating of the Fire separation is waived where the building is sprinklered throughout. C151 | 9.10.8.4. | Assemblies required to be of noncombustible construction may be supported by combustible construction having at least the same fire-resistance rating as that supported. C152 | 9.10.9.7.; 9.10.9.11. | Existing acceptable in existing Fire separations. C153 | 9.10.9.12.(1) | Ceiling Fire separation need not have a fire-resistance rating where sprinklering, subject to C.A. C27, of fire compartments on both sides of vertical Fire separation is provided and where such Fire separation is not required to exceed 1 h. C154 | 9.10.9.13.(1) | Except for hotels, 30 min Fire separation acceptable. C155 | 9.10.9.13.(2) | In lieu of the 2 h Fire separation, sprinklers may be used in the mercantile occupancy or medium-hazard industrial occupancy, with a 1 h Fire separation. C156 | 9.10.9.16.(1) and (3); 9.10.9.17.(1) | (a) Except as provided in (b) and (c), 30 min Fire separation is acceptable. (b) In a house with a secondary suite, 15 min horizontal Fire separation is acceptable where: (i) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19. (ii) Smoke alarms are interconnected. (c) In a house with a secondary suite, the fire-resistance rating of the Fire separation is waived where the building is sprinklered throughout. C157 | 9.10.10.3. | (a) Except as provided in (b) and (c) and in Articles 9.10.10.5. and 9.10.10.6., 30 min Fire separation is acceptable. (b) In a house with a secondary suite, the fire-resistance rating of the vertical Fire separation is waived where: (i) Smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19. (ii) Smoke alarms are interconnected. (c) In a house with a secondary suite, the fire-resistance rating of the vertical Fire separation is waived where service rooms are sprinklered. C158 | 9.10.11.2.(1) | In an individual dwelling unit or a house with a secondary suite, a party wall with 1 h fire-resistance rating is acceptable. C159 | 9.10.13.1 | Existing functional closures are acceptable subject to C.A. C8 and C160. C160 | 9.10.13.2.(1) | In an individual dwelling unit or a house with a secondary suite, existing unlabelled doors at least 45 mm solid core wood or metal clad are acceptable. For existing closures, ratings of 20 min will not be required where the entire floor area is sprinklered. C161 | 9.10.13.2.(1) | In a building containing not more than four dwelling units or suites, existing glazed solid wood doors to corridors may remain in lieu of new 20 min doors, provided they are not located in a dead-end corridor. C162 | 9.10.13.3. | Existing acceptable provided that wood door frames are secured with hinge screws going through frame into the stud. C163 | 9.10.13.5. | Existing wired glass acceptable. Existing transoms or sidelights located in required Fire separations may be retained if wired glass, at least 6 mm thick, is securely fixed to a wood frame of at least 50 mm thickness with steel stops. Operable transoms shall be fixed closed. C164 | 9.10.13.6. | Existing steel door frames acceptable. C165 | 9.10.13.7. | Existing glass block acceptable. C166 | 9.10.13.8. | Existing sizes acceptable. C167 | 9.10.13.9. | Existing operable latches acceptable. C168 | 9.10.13.10.(1) | Existing functionally operable self-closing devices acceptable. C169 | 9.10.13.11. | Existing operable self-releasing electromagnetic hold-open device acceptable, and except for hotels, fusible link hold-open devices acceptable. C170 | 9.10.13.12. | Existing swings acceptable. C171 | 9.10.13.13.(1) | Except as permitted in C.A. C172, in a building containing not more than four dwelling units, the existing heating or air-conditioning system may be altered to serve more than one dwelling unit, provided smoke alarms are installed in each dwelling unit and provided a smoke detector is installed in the supply or return air duct system serving the entire building which would turn off the fuel supply and electrical power to the heating system upon activation of such detector. C172 | 9.10.13.13.(1) | In detached houses, semi-detached houses, townhouses and row houses containing not more than two dwelling units, or houses with a secondary suite, existing acceptable. C173 | 9.10.13.14.; 9.10.5.1. | Except as permitted in C.A. C174, in a building containing not more than four dwelling units, the existing heating or air-conditioning system may be altered to serve more than one dwelling unit, provided smoke alarms are installed in each dwelling unit and provided a smoke detector is installed in the supply or return air duct system serving the entire building which would turn off the fuel supply and electrical power to the heating system upon activation of such detector. C174 | 9.10.13.14.; 9.10.5.1. | In an individual dwelling unit or a house with a secondary suite, existing acceptable. C175 | 9.10.14.2.(2) and (3); 9.10.14.4.(2); 9.10.15.2.(3) and (4); 9.10.15.4.(9) | Where an addition to an existing residential building has its exposing building face further distant from the line than the existing exposing building face and the limiting distance is at least 1,200 mm, the total area of allowable unprotected openings may be determined under Sentence 9.10.14.2.(2) or 9.10.15.2.(3) for the combined new and existing exposing building faces and: (a) Where the existing exposing building face has no unprotected openings, or the existing unprotected openings are to be filled in, the total allowable area of unprotected openings may be installed in the new exposing building face. (b) Where the existing unprotected openings are to remain: (i) Their area shall be deducted from the total allowable area of unprotected openings, and the balance may be installed in the new exposing building face. (ii) Sentences 9.10.14.2.(3) and 9.10.14.4.(2) or Sentences 9.10.15.2.(4) and 9.10.15.4.(9) apply only to the new exposing building face. C176 | 9.10.14.4.; 9.10.15.4. | Existing windows. (a) Existing windows in walls may be relocated to another part of the wall, provided the existing opening is blocked up to provide the same fire rating for the wall, and the projection of the new opening, at a right angle to the property line onto another building, lies no closer than 300 mm from a window in such other building, where the "opposite" window is less than 2,400 mm from the opposite new opening. (b) Except relocation of units, to be restricted to the same fire compartment and shall conform to the requirements of Article 3.2.3.14. or 9.10.12.3. where applicable. (c) Where a building does not satisfy the requirements of Subsection 3.2.3. for the amount of openings facing a yard or space that does not have sufficient limiting distance, such existing openings are allowed to be relocated provided: (i) Such openings are not increased in size and they are protected with wired glass in steel frames conforming to Sentence 3.1.8.16.(2). (ii) The building is sprinklered. C177 | 9.10.16.2.(1) | Where balloon framing is exposed during renovation, fire blocks shall be provided. C178 | 9.10.18. | (a) Subject to approval by the chief building official, existing fire alarm system may remain where the fire safety plan (as described in the Fire Code made under the Fire Protection and Prevention Act, 1997) for the building addresses the intent of Subsection 3.2.4. (i.e. "stage" system, electrical supervision, detection as required, Fire Department connection, and emergency power supply). (b) Extension of an existing system must ensure continuity and compatibility, and integrity of the system. C179 | 9.10.19.4. | Smoke alarms may be battery operated. C180 | 9.10.20. | Existing access acceptable. C181 | 9.11.1.1. | Where a house contains a secondary suite, each dwelling unit shall be separated from every other space in the house in which noise may be transmitted by: (a) Construction: (i) Whose joist spaces are filled with sound-absorbing material of not less than 150 mm nominal thickness. (ii) Whose stud spaces are filled with sound-absorbing material. (iii) Having a resilient channel on one side of the separation spaced 400 or 600 mm o.c. (iv) Having not less than 12.7 mm thick gypsum board on ceilings and on both sides of walls. (b) Construction providing an STC rating of not less than 43. (c) A separating assembly and adjoining constructions, which together provide an ASTC rating of not less than 40. C182 | 9.14.2.1.(1.1) | Existing acceptable. C183 | 9.18.2. | Existing access acceptable. C184 | 9.18.3. | Existing vents and ventilation acceptable. C185 | 9.19. | Existing acceptable. C186 | 9.20.2.2. | Used masonry may be reused for patching and filling openings to match adjacent work. Used interior brick may not be used for exterior applications. C187 | 9.20.3. | Archaic mortars may be used to match existing jointing. C188 | 9.20.4.1. | Sound jointing techniques may be employed to match existing archaic joints. C189 | 9.20.12.1. | Corbelling may be constructed to match existing or original details, provided that it is structurally adequate for the proposed use. C190 | 9.21. | Existing acceptable, provided the products of combustion are safely vented and provided no fire hazard is created. C191 | 9.22.1. to 9.22.7. | Sound period materials, designs and techniques may be employed in recreated fireplaces, provided no fire hazard is created. Existing need not comply with Article 9.22.1.4. C192 | 9.23. | Existing acceptable. C193 | 9.24. | Existing acceptable. C194 | 9.25. | A vapour barrier may consist of paint or other coating with specified perm rating such as two coats of leafing aluminum pigmented paint. C195 | 9.26. | Existing acceptable, except when removing and replacing shingles, comply with the eave protection requirements of Subsection 9.26.5. C196 | 9.27. | Existing acceptable. C197 | 9.28. | All replacement or recreation of existing stucco may be compatible with the existing materials and application. C198 | 9.29.4. | Existing acceptable. All replacement or recreation of existing plaster may be compatible with the existing materials and application. C199 | 9.32. | In an individual dwelling unit or a house with a secondary suite, rooms or spaces shall be ventilated by natural means in accordance with Subsection 9.32.2. or by providing adequate mechanical ventilation. C200 | 9.32.3.9C. | Carbon monoxide alarms may be battery operated or plugged into an electrical outlet. C201 | 9.33.1.1. | In a building containing not more than four dwelling units, the existing heating or air-conditioning system may be altered to serve more than one dwelling unit, provided smoke alarms are installed in each dwelling unit and provided a smoke detector is installed in the supply or return air duct system serving the entire building which would turn off the fuel supply and electrical power to the heating system upon activation of such detector. C202 | 9.33.5.3. | Sound, used or antique appliances are acceptable, provided that: (a) Visual examination shows no excessive weakening by corrosion or other damage. (b) No structural parts are missing. (c) No cracks are present in the components intended to support the appliance or enclose the fire. (d) Loading and ash removal door latches and hinges hold the door closed. C203 | 9.33.6.5.(1); 9.33.6.6.(1) to (3), (5), (11) and (12) | Existing acceptable. C204 | 9.33.6.6.(8) | Where the duct system is being altered, lesser amounts and extent of insulation will be permitted. C205 | 9.33.6.13.(7.1) | In a building containing not more than four dwelling units or residential suites, the existing heating or air-conditioning system may be altered to serve more than one dwelling unit or suite, provided smoke alarms are installed in each dwelling unit or suite and provided a smoke detector is installed in the supply or return air duct system serving the entire building which would turn off the fuel supply and electrical power to the heating system upon activation of such detector. C206 | 9.38. | Sound used materials shall be acceptable for reuse, subject to the following limitations: (a) Visual examination shows no excessive weakening by holes, notches, nail splits or other damage. (b) Logs have not been subjected to termite infestation. C207 | 12.2.1.2.(3) | (a) Where the framing systems are being altered to match the existing framing, lesser amounts and extent of insulation and vapour barrier is acceptable. (b) Existing acceptable for Article 2.1.1.9. of MMA Supplementary Standard SB-12, "Energy Efficiency for Housing". (c) Existing previously occupied log houses that are dismantled and reconstructed are exempt from Article 3.1.1.6. of MMA Supplementary Standard SB-12, "Energy Efficiency for Housing".

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  • OBC Div. C 1.2.1.1. Application

    (1)Article 1.2.1.2. applies with respect to a building described in clause 11(3)(a) or (b) of the Architects Act or subsection 12(4) or clause 12(5)(a) of the Professional Engineers Act.

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  • OBC Div. C 1.2.1.2. Design by Architect or Professional Engineer

    (1)A foundation of a building shall be designed by a professional engineer where,

    (a)the foundation is to be constructed below the level of the footings of an adjacent building and within the angle of repose of the soil, as drawn from the bottom of the footings, or

    (b)underpinning of a foundation is to be undertaken.

    (2)A sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be designed by a professional engineer.

    (3)A shelf and rack storage system described in Section 3.16. of Division B shall be designed by a professional engineer.

    (4)The time-based egress analysis for a shelf and rack storage system described in Sentence 3.16.1.7.(7) of Division B shall be prepared or provided by an architect or a professional engineer or a combination of both.

    (5)The supporting framing structure and anchorage system for a tent occupying an area greater than 225 m² shall be designed by a professional engineer.

    (6)A sign structure attached in any manner to a building shall be designed by an architect or a professional engineer or a combination of both where it is,

    (a)a projecting sign that weighs more than 115 kg, or

    (b)a roof sign that has any face that is more than 10 m².

    (7)A projecting sign attached in any manner to a parapet wall shall be designed by an architect or a professional engineer or a combination of both.

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  • OBC Div. C 1.3.1.5. Conditional Permits

    (1)The chief building official shall not issue a conditional permit for any stage of construction under subsection 8(3) of the Act unless compliance with the following applicable laws has been achieved in respect of the proposed building or construction:

    (a)section 3 of the Building Transit Faster Act, 2020 with respect to the issuance of a permit under that section,

    (b)section 28 of the Conservation Authorities Act with respect to the prohibition of development activities,

    (c)sections 28.1, 28.1.1 and 28.1.2 of the Conservation Authorities Act with respect to a permit issued for the construction of a building or structure or for any change to a building or structure that would increase its size, alter its use or increase the number of dwelling units,

    (d)regulations made by a conservation authority under clause 28(1)(c) of the Conservation Authorities Act as it read immediately before its repeal by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, with respect to permission of the authority for the construction of a building or structure if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development,

    (e)section 17.2 of the Environmental Assessment Act with respect to the approval of the Minister or the Ontario Land Tribunal to proceed with a project,

    (f)subsection 24(3) of the Niagara Escarpment Planning and Development Act,

    (g)subsection 27(9) of the Ontario Heritage Act,

    (h)subsection 30(2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alteration or demolition of a building where the council of the municipality has given a notice of intent to designate the building under subsection 29(3) of that Act,

    (i)section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property,

    (j)section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building,

    (k)section 34.5 of the Ontario Heritage Act with respect to the consent of the Minister to the alteration or demolition of a designated building,

    (l)subsection 34.7(2) of the Ontario Heritage Act with respect to a consent of the Minister to the alteration or demolition of a building where the Minister has given a notice of intent to designate the building under section 34.6 of that Act,

    (m)by-laws made under section 40.1 of the Ontario Heritage Act,

    (n)section 42 of the Ontario Heritage Act with respect to the permit given by the council of a municipality for the erection, alteration or demolition of a building,

    (o)section 17.4 of the Ontario New Home Warranties Plan Act with respect to the provision of a confirmation by the Registrar for the construction of a residential condominium conversion project.

    (2)For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where,

    (a)a committee of adjustment has made a decision under section 45 of the Planning Act authorizing one or more minor variances from the provisions of any by-laws made under sections 34 and 38 of that Act,

    (b)such minor variance or variances result in the achievement of full compliance with such by-laws, and

    (c)no person informed the committee of adjustment of objections to the minor variances either in writing or in person at the hearing of the application.

    (3)For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where the construction in respect of which the conditional permit is issued is required in order to comply with an order issued under subsection 21(1) of the Fire Protection and Prevention Act, 1997 or under subsection 15.9(4) of the Act.

    (4)A permit issued under subsection 8(3) of the Act shall indicate its conditional nature.

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  • OBC Div. C 1.3.2.1. Permit Posting

    (1)Where a permit has been issued pursuant to the Act, the person to whom it is issued shall have the permit or a copy of it posted at all times during construction or demolition in a conspicuous place on the property in respect of which the permit was issued.

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  • OBC Div. C 1.3.2.2. Documentation on Site

    (1)The person in charge of the construction of the building shall keep and maintain on the site of the construction,

    (a)at least one copy of drawings and specifications certified by the chief building official or a person designated by the chief building official to be a copy of those submitted with the application for the permit to construct the building, together with changes that are authorized by the chief building official or a person designated by the chief building official,

    (b)copies of authorizations of the Building Materials Evaluation Commission on the basis of which the permit was issued, and

    (c)copies of rulings of the Minister, made under clause 29(1)(a) or (c) of the Act, on the basis of which the permit was issued.

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  • OBC Div. C 1.3.3.2. Conditions for Residential Occupancy

    (1)A person may occupy or permit to be occupied a building intended for residential occupancy that has not been fully completed at the date of occupation provided that,

    (a)the building,

    (i)is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

    (ii)has not more than 1 dwelling unit above another dwelling unit,

    (iii)has not more than 2 dwelling units sharing a common means of egress,

    (iv)has no accommodation for tourists, and

    (v)is not used for a retirement home,

    (b)the following building components and systems are complete, operational and inspected:

    (i)required exits, handrails and guards, fire alarm and detection systems, and fire separations,

    (ii)required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and a dwelling unit,

    (iii)water supply, sewage disposal, lighting and heating systems, and

    (iv)protection of foamed plastics required by Article 9.10.17.10. of Division B,

    (c)the following building components and systems are complete, operational, inspected and tested:

    (i)water systems,

    (ii)building drains and building sewers, and

    (iii)drainage systems and venting systems, and

    (iv)where applicable, the building conforms to Article 9.1.1.7. of Division B.

    (2)Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4. or 1.3.3.5. applies or a building or part of it to which Article 1.3.3.8. applies.

    (3)Where applicable, a person shall not occupy or permit to be occupied a building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

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  • OBC Div. C 1.3.3.3. Notification

    (1)Where a person has occupied or permitted the occupancy of a building under Article 1.3.3.1. or 1.3.3.2., such person shall notify the chief building official forthwith upon completion of the building.

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  • OBC Div. C 1.3.3.4. Occupancy Permit — Certain Buildings of Residential Occupancy

    (1)No person shall occupy or permit to be occupied a building described in Sentence (3), or part of it, unless the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the building or part of it in accordance with Sentence (4).

    (2)This Article does not apply in respect of the occupancy of:

    (a)an existing building, or part of it, that has been subject to extension or material alteration or repair, or

    (b)a building or part of it to which Article 1.3.3.8. applies.

    (3)A building referred to in Sentence (1) is a building intended for residential occupancy that,

    (a)is of three or fewer storeys in building height and has a building area not exceeding 600 m²,

    (b)has no accommodation for tourists,

    (c)does not have a dwelling unit above another dwelling unit,

    (d)does not have any dwelling units sharing a common means of egress, and

    (e)does not contain a retirement home.

    (4)The chief building official or a person designated by the chief building official shall issue a permit authorizing occupation of a building described in Sentence (3), where,

    (a)the structure of the building with respect to the dwelling unit to be occupied is substantially complete and ready to be used for its intended purpose,

    (b)the building envelope, including, but not limited to, cladding, roofing, windows, doors, assemblies requiring fire-resistance ratings, closures, insulation, vapour barriers and air barriers, with respect to the dwelling unit to be occupied, is substantially complete,

    (c)the walls enclosing the dwelling unit to be occupied conform to Sentence 9.25.2.3.(7) of Division B,

    (d)required electrical supply is provided for the dwelling unit to be occupied,

    (e)required firefighting access routes to the building have been provided and are accessible,

    (f)the following building components and systems are complete and operational for the dwelling unit to be occupied:

    (i)required exits, floor access and egress systems, handrails, guards, smoke alarms, carbon monoxide alarms and fire separations, including, but not limited to, fire stops,

    (ii)required exhaust fume barriers and self-closing devices on doors between an attached or built-in garage and the dwelling unit,

    (iii)water supply, sewage disposal, lighting and heating systems, and

    (iv)protection of foamed plastics required by Article 9.10.17.10. of Division B,

    (g)the following building components and systems are complete, operational and tested for the dwelling unit to be occupied:

    (i)water system,

    (ii)building drain and building sewer, and

    (iii)drainage system and venting system,

    (h)required plumbing fixtures in the dwelling unit to be occupied are substantially complete and operational, and

    (i)where applicable, the building conforms to Article 9.1.1.7. of Division B with respect to the dwelling unit to be occupied.

    (5)Where a registered code agency has been appointed to perform the functions described in clause 4.1(4)(b) or (c) of the Act in respect of the construction of a building described in Sentence (3), the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (4) after receipt of a certificate for the occupancy of a building described in Sentence 1.3.3.4.(3) of Division C issued by the registered code agency in respect of the building.

    (6)Where applicable, the chief building official or a person designated by the chief building official shall not issue a permit authorizing occupation of the building or part of it, unless compliance with section 168.3.1 of the Environmental Protection Act has been achieved.

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  • OBC Div. C 1.3.5.1. Prescribed Notices

    (1)This Article sets out the notices that are required under section 10.2 of the Act.

    (2)The person to whom a permit under section 8 of the Act is issued shall notify the chief building official or, where a registered code agency is appointed under the Act in respect of the construction to which the notice relates, the registered code agency of,

    (a)readiness to construct footings,

    (b)substantial completion of footings and foundations prior to commencement of backfilling,

    (c)substantial completion of structural framing and ductwork and piping for heating and air-conditioning systems, if the building is within the scope of Part 9 of Division B,

    (d)substantial completion of structural framing and roughing-in of heating, ventilation, air-conditioning and air-contaminant extraction equipment, if the building is not a building to which Clause (c) applies,

    (e)substantial completion of insulation and vapour barriers,

    (f)substantial completion of air barrier systems,

    (g)substantial completion of all required fire separations and closures and all fire protection systems including standpipe, sprinkler, fire alarm and emergency lighting systems,

    (h)substantial completion of fire access routes,

    (i)readiness for inspection and testing of,

    (i)building sewers and building drains,

    (ii)water service pipes,

    (iii)fire service mains,

    (iv)drainage systems and venting systems,

    (v)the water distribution system, and

    (vi)plumbing fixtures and plumbing appliances,

    (j)readiness for inspection of suction and gravity outlets, covers and suction piping serving outlets of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or a public spa,

    (k)substantial completion of the circulation / recirculation system of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or public spa and substantial completion of the pool before it is first filled with water,

    (l)readiness to construct the sewage system,

    (m)substantial completion of the installation of the sewage system before the commencement of backfilling,

    (n)substantial completion of installation of plumbing not located in a structure, before the commencement of backfilling,

    (o)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.1.(3) or to permit occupancy under Sentence 1.3.3.2.(1), if the building or part of the building to be occupied is not fully completed, and

    (p)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.4.(4), 1.3.3.5.(3) or 1.3.3.7.(8).

    (q)completion of construction and installation of components required to permit the issue of an occupancy permit under Sentence 1.3.3.8.(2).

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  • OBC Div. C 1.3.5.2. Additional Notices

    (1)A by-law, resolution or regulation made by a principal authority under clause 7(1)(e) of the Act may require that notice of one or more of the following stages of construction be given by the person to whom a permit is issued under section 8 of the Act:

    (a)commencement of construction of the building,

    (b)substantial completion of structural framing for each storey, if the building is a type of building that is within the scope of Division B, other than Part 9,

    (c)commencement of construction of,

    (i)masonry fireplaces and masonry chimneys,

    (ii)factory-built fireplaces and allied chimneys, or

    (iii)stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys,

    (d)substantial completion of interior finishes,

    (e)substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment,

    (f)substantial completion of exterior cladding,

    (g)substantial completion of site grading,

    (h)substantial completion of the pool deck and dressing rooms for a public pool or public spa and readiness for inspection of the emergency stop system for a public pool or public spa,

    (i)completion and availability of drawings of the building as constructed, and

    (j)completion of a building for which an occupancy permit is required under Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. or 1.3.3.8.

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  • OBC Div. C 1.3.6.1. Application

    (1)Where a by-law, resolution or regulation has been made by a principal authority under clause 7(1)(g) of the Act, the chief building official may require that as constructed plans for the whole of, or any part or system of, a building or any class of buildings be provided by the persons responsible for the construction.

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  • OBC Div. C 2.1.1.1. Documentation

    (1)The person proposing the use of an alternative solution shall provide documentation to the chief building official or registered code agency that,

    (a)identifies applicable objectives, functional statements and acceptable solutions, and

    (b)establishes on the basis of past performance, tests described in Article 2.1.1.2. or other evaluation that the proposed alternative solution will achieve the level of performance required under Article 1.2.1.1. of Division A.

    (2)The documentation described in Sentence (1) shall include information about relevant assumptions, limiting or restricting factors, testing procedures, studies or building performance parameters, including any commissioning, operational and maintenance requirements.

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  • OBC Div. C 2.1.1.2. Tests

    (1)Where no published test method to establish the suitability of an alternative solution proposed under Article 2.1.1.1. exists, then the tests used for the purposes of that Article shall be designed to simulate or exceed anticipated service conditions or shall be designed to compare the performance of the material or system with a similar material or system that is known to be acceptable.

    (2)The results of tests or evaluations based on test standards, other than as described in this Code, may be used for the purposes of Sentence (1), if the alternate test standards provide comparable results.

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  • OBC Div. C 2.4.2.1. Criteria

    (1)Sentence (2) sets out criteria to be followed by the Minister when making a ruling under clause 29(1)(c) of the Act to approve the use of an alternative material, system or building design.

    (2)The Minister’s approval of the use of an alternative material, system or building design referred to in Sentence (1) may be granted only if the approval is consistent with,

    (a)a decision of the Building Code Commission in respect of a dispute described in clause 24(1)(a) of the Act,

    (b)an approval of the use of the material, system or building design in the whole of another province or territory in accordance with the law of that province or territory, or

    (c)a revision of the NRCC-CONST-56435E 2020, “National Building Code of Canada”, or the NRCC-CONST-56436E 2020, “National Plumbing Code of Canada”, that has been approved by the Canadian Commission on Building and Fire Codes.

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  • OBC Div. C 2.4.3.1. Interpretations By Minister

    (1)Every interpretation issued by the Minister under section 28.1 of the Act shall be made available to the public,

    (a)by posting the interpretation on the Building Code website, and

    (b)by providing a written copy of the interpretation on receipt of a request for it.

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