Last updated
Values this chapter turns on
- max area of a permit-exempt storage shed
- 15 m²
- max area of a permit-exempt storage shed
- max building size where C201 lets one system serve
- 4 units
- max building size where C201 lets one system serve
- max height for occupancy before completion
- 3 storeys
- max height for occupancy before completion
- max building area for early residential occupancy
- 600 m²
- max building area for early residential occupancy
The last section of the syllabus covers what happens when an existing building changes use or is renovated, the compliance alternatives that make HVAC work in old buildings practical, and the Division C items on permits, occupancy before completion, alternative solutions and rulings. Questions here are often scenario style.
Change of use and renovation compliance alternatives
When Section 9.41. applies OBC Div. B 9.41.1.1.OBC Div. B 9.41.1.1. Application(1) This Section applies where proposed construction in respect of an existing building will result in any of the following changes of use of all or part of the building: (a) a change of the major occupancy of all or part of a building that is designated with a "Y" in Table 1.3.1.4. of Division C, (b) a suite of a…. Proposed construction in an existing building triggers 9.41. when it results in, among others:
- a change of major occupancy marked "Y" in Table 1.3.1.4. of Division C,
- a Group C suite converted into more than one Group C suite,
- a farm building changed to a non-farm major occupancy, or to Group G, Division 1,
- a change to a post-disaster building, or
- a change of use where the previous major occupancy cannot be determined.
The 9.41. requirements are in addition to the other Parts that apply.
What must be upgraded OBC Div. B 9.41.2.1.OBC Div. B 9.41.2.1. Change of Use and Compensating Construction(1) Where proposed construction will result in a change of use described in Clauses 9.40.1.1.(1)(a) to (f), additional construction shall be required in order that the building or part of a building subject to the change of use conforms to the requirements of Subsections 9.5.1. and 9.5.3. to 9.5.10., Section 9.6.…. The changed part must meet listed Part 9 requirements for the new occupancy. For an HVAC designer, the important ones are Sections 9.31. (plumbing facilities), 9.32. (ventilation) and 9.34. (electrical facilities), plus window areas (9.7.2.3.) and interior finish flame spread (9.10.17.).
Performance level OBC Div. B 9.41.2.2.OBC Div. B 9.41.2.2. Performance Level Evaluation and Compensating Construction(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 Articles 11.4.2.1., 11.4.2.3. and 11.4.2.5. (3) Where the proposed…. The building's performance level after construction must not be less than before. Reductions are measured under Part 11, and compensating construction follows Part 11, including Section 11.5.
Compliance alternatives OBC Div. B 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…. A compliance alternative ("C.A.") from Tables 11.5.1.1.-A to -F may replace:
| Requirement in | Condition |
|---|---|
| Parts 3, 4, 6 or 8 | Only if the chief building official is satisfied compliance is impracticable (structural or construction difficulty, or harm to a heritage building) |
| Parts 9 or 12 | No impracticability test needed |
A compliance alternative is defined as a substitute for a requirement elsewhere in Division B, listed in Part 10 or 11 definitionOBC 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..
HVAC-related alternatives in the residential table OBC Div. B 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…, in our words:
| C.A. | Replaces | Alternative (summary) |
|---|---|---|
| C199 | 9.32. | In a single dwelling unit or house with a secondary suite, ventilate naturally under 9.32.2. or by adequate mechanical ventilation |
| C200 | 9.32.3.9C. | CO alarms may be battery operated or plug-in |
| C201 | 9.33.1.1. | In a building of not more than four dwelling units, an existing heating or AC system may be altered to serve more than one unit, if each unit has smoke alarms and a duct smoke detector shuts off fuel and power to the heating system |
| C202 | 9.33.5.3. | Sound used or antique solid-fuel appliances accepted after visual checks |
| C179 | 9.10.19.4. | Smoke alarms may be battery operated |
Permits and occupancy
- Division C Part 1 applies to all buildings, and the code is administered under the Act OBC Div. C 1.1.1.1.OBC Div. C 1.1.1.1. Application(1) This Part applies to all buildings covered in this Code. (See Article 1.1.1.1. of Division A.) 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..
- Permit exemptions under section 8 of the Act include demolition of a farm building on a farm, construction or demolition in territory without municipal organization (except sewage systems), and a Class 1 sewage system OBC Div. C 1.3.1.1.OBC Div. C 1.3.1.1. Requirement for Permits(1) A person is exempt from the requirement to obtain a permit under section 8 of the Act, (a) for the demolition of a farm building located on a farm, (b) subject to Sentence (2), for the construction or demolition of a building in territory without municipal organization, or (c) for the construction of a Class 1…. Small sheds (not more than 15 m², one storey, detached, storage only, no plumbing) are exempt. The Act itself requires a permit before constructing or demolishing Building Code Act s. 8BCA s. 8 Building permits(1) No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official. (1.1) An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form….
- Permits for change of use under section 10 of the Act are needed where the change increases hazard, for example a "Y" change in Table 1.3.1.4. or a suite split into more suites OBC Div. C 1.3.1.4.OBC Div. C 1.3.1.4. Permits Under Section 10 of the Act(1) Except as provided in Sentence (2), the following changes in use of a building or part of a building constitute an increase in hazard for the purposes of section 10 of the Act and require a permit under section 10 of the Act: (a) a change of the major occupancy of all or part of a building that is designated with… Building Code Act s. 10BCA s. 10 Change of use(1) Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official. (2)…. No separate section 10 permit is needed when a section 8 building permit has already been issued for the construction that causes the change.
- Conditional permits cannot be issued until the listed applicable laws (conservation authority, heritage, environmental assessment and others) are met, and must state that they are conditional OBC Div. C 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….
Occupancy before completion OBC Div. C 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…. A residential building may be occupied before it is fully complete if it is small (3 storeys or fewer, building area not over 600 m², not more than one unit above another, not more than two units sharing an egress, no tourist accommodation, not a retirement home), and listed systems are complete, operational and inspected. Heating systems are on that list, along with water supply, sewage disposal and lighting; exhaust fume barriers and self-closing doors between a garage and the dwelling are too.
Alternative solutions and rulings
- A person proposing an alternative solution gives the chief building official or registered code agency documentation identifying the applicable objectives, functional statements and acceptable solutions, and showing (by past performance, tests or other evaluation) that the required level of performance is met, including assumptions, limits and any commissioning or maintenance requirements OBC Div. 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….
- If no published test method exists, tests must simulate or exceed expected service conditions, or compare against a known acceptable product OBC Div. 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's rulings approving an alternative material, system or design must be consistent with a Building Code Commission decision, an approval across another province or territory, or an approved revision of the National Building Code or National Plumbing Code OBC Div. 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….
- Minister's interpretations are posted on the Building Code website and given in writing on request OBC Div. 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..
Common traps
- Assuming a compliance alternative for a Part 9 HVAC rule needs a chief building official finding of impracticability. That test is only for Parts 3, 4, 6 and 8.
- Forgetting heating systems must be complete and inspected before early occupancy.
- Thinking a section 10 permit is always needed for a change of use. Not when a section 8 permit covers the work causing it.
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.
- Change of use and renovation compliance alternatives
The 9.41. requirements are in addition to the other Parts that apply.
Usual exam traps
- Assuming a compliance alternative for a Part 9 HVAC rule needs a chief building official finding of impracticability. That test is only for Parts 3, 4, 6 and 8.
- Forgetting heating systems must be complete and inspected before early occupancy.
- Thinking a section 10 permit is always needed for a change of use. Not when a section 8 permit covers the work causing it.
Practice this chapter
Questions on Change of use, renovation 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. B 9.41.1.1. Application
Open OBC Div. B 9.41.1.1. in the code viewer(1)This Section applies where proposed construction in respect of an existing building will result in any of the following changes of use of all or part of the building:
(a)a change of the major occupancy of all or part of a building that is designated with a "Y" in Table 1.3.1.4. of Division C,
(b)a suite of a Group C major occupancy is converted into more than one suite of a Group C major occupancy,
(c)a farm building or part of a farm building is changed to another major occupancy other than a Group G major occupancy,
(d)a building or part of a building is changed to a post-disaster building,
(e)the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined, or
(f)a farm building or part of a farm building is changed to a Group G, Division 1 major occupancy.
(2)For the purposes of this Section and Sentences 11.4.2.1.(1) and 11.4.2.5.(4), the changes of use set out in Clauses (1)(b) to (f) are also deemed to constitute a change in major occupancy.
(3)The requirements of this Section are in addition to the requirements of other Parts of the Code as they apply to the proposed construction.
OBC Div. B 9.41.2.1. Change of Use and Compensating Construction
Open OBC Div. B 9.41.2.1. in the code viewer(1)Where proposed construction will result in a change of use described in Clauses 9.40.1.1.(1)(a) to (f), additional construction shall be required in order that the building or part of a building subject to the change of use conforms to the requirements of Subsections 9.5.1. and 9.5.3. to 9.5.10., Section 9.6., Article 9.7.2.3. Sentences 9.7.5.1.(2) and 9.7.6.2.(1) and (3), Articles 9.8.8.1. and 9.9.10.1., Subsection 9.10.17. and Sections 9.31., 9.32. and 9.34. as they apply to the new major occupancy that the building or part of a building is to support.
(2)For the purposes of this Article, existing buildings shall be classified as to their construction and occupancy as provided for in Sentence 11.2.1.1.(1).
OBC Div. B 9.41.2.2. Performance Level Evaluation and Compensating Construction
Open OBC Div. B 9.41.2.2. in the code viewer(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 Articles 11.4.2.1., 11.4.2.3. and 11.4.2.5.
(3)Where the proposed construction would reduce the performance level of an existing building, compensating construction shall be required in conformance with Articles 11.4.3.1., 11.4.3.2., 11.4.3.4. and 11.4.3.6.
(4)Section 11.5. applies in respect of the requirements of Sentences 11.4.3.4.(1), (3) and (4).
OBC Div. B 11.5.1.1. Compliance Alternatives
Open OBC Div. B 11.5.1.1. in the code viewer(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.
OBC Div. A 1.4.1.2.(1) Compliance alternative
Open OBC Div. A 1.4.1.2.(1) in the code viewerCompliance 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.
OBC Div. B Table 11.5.1.1-C. Compliance Alternatives for Residential Occupancies — Forming Part of Article 11.5.1.1.
Open OBC Div. B Table 11.5.1.1-C. in the code viewerTable 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".
OBC Div. C 1.1.1.1. Application
Open OBC Div. C 1.1.1.1. in the code viewer(1)This Part applies to all buildings covered in this Code. (See Article 1.1.1.1. of Division A.)
OBC Div. C 1.1.1.2. Conformance with Administrative Requirements
Open OBC Div. C 1.1.1.2. in the code viewer(1)This Code shall be administered in conformance with the Act.
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OBC Div. C 1.3.1.1. Requirement for Permits
Open OBC Div. C 1.3.1.1. in the code viewer(1)A person is exempt from the requirement to obtain a permit under section 8 of the Act,
(a)for the demolition of a farm building located on a farm,
(b)subject to Sentence (2), for the construction or demolition of a building in territory without municipal organization, or
(c)for the construction of a Class 1 sewage system.
(2)The exemption in Clause (1)(b) from the requirement to obtain a permit does not apply to the construction of a sewage system in territory without municipal organization.
(3)The application for a permit respecting the demolition of a building to which Sentence 1.2.2.3.(1) applies shall include descriptions of the structural design characteristics of the building and the method of demolition of the building.
(4)No person shall commence demolition of a building or any part of a building before the building has been vacated by the occupants except where the safety of the occupants is not affected.
(5)A tent or group of tents is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with the Code provided that the tent or group of tents are,
(a)not more than 60 m² in aggregate ground area,
(b)not attached to a building, and
(c)constructed more than 3 m from other structures.
(6)A shed is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code, provided that the shed,
(a)is not more than 15 m² in gross area,
(b)is not more than one storey in building height,
(c)is not attached to a building or any other structure,
(d)is used only for storage purposes ancillary to a principal building on the lot, and
(e)does not have plumbing.
(7)A demountable stage or demountable support structure not regulated by Section 3.17. of Division B is exempt from the requirement to obtain a permit under section 8 of the Act and is exempt from compliance with this Code.
BCA s. 8 Building permits
Open BCA s. 8 in the code viewer(1)No person shall construct or demolish a building or cause a building to be constructed or demolished unless a permit has been issued therefor by the chief building official.
(1.1)An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form or the form approved by the Minister must be used and be accompanied by the documents and information specified by regulation.
(2)The chief building official shall issue a permit referred to in subsection (1) unless,
(a)the proposed building, construction or demolition will contravene this Act, the building code or any other applicable law;
(b)the applicant is a builder or vendor as defined in subsection 1 (1) of the New Home Construction Licensing Act, 2017 and is not licensed under that Act;
(b.1) the Architects Act or the Professional Engineers Act requires that the proposed construction of the building be designed by an architect or a professional engineer or a combination of both and the proposed construction is not so designed;
(c)a person who prepared drawings, plans, specifications or other documents or gave an opinion concerning the compliance of the proposed building or construction with the building code does not have the applicable qualifications, if any, set out in the building code or does not have the insurance, if any, required by the building code;
(d)the plans review certificate, if any, required for the application does not contain the prescribed information;
(e)the application for the permit is not complete; or
(f)any fees due have not been paid.
(2.1)If the application includes a plans review certificate that contains the prescribed information, the chief building official is not entitled to refuse to issue the permit on the grounds that the proposed construction of the building to which the certificate relates does not comply with the building code.
(2.2)If an application for a permit meets the requirements prescribed by regulation, the chief building official shall, unless the circumstances prescribed by regulation apply, decide within the period prescribed by regulation whether to issue the permit or to refuse to issue it.
(2.3)If the chief building official refuses to issue the permit, he or she shall inform the applicant of all of the reasons for the refusal of the permit and shall do so within the period prescribed by regulation.
(3)Even though all requirements have not been met to obtain a permit under subsection (2), the chief building official may issue a conditional permit for any stage of construction if,
(a)compliance with by-laws passed under sections 34 and 38 of the Planning Act and with such other applicable law as may be set out in the building code has been achieved in respect of the proposed building or construction;
(b)the chief building official is of the opinion that unreasonable delays in the construction would occur if a conditional permit is not granted; and
(c)the applicant and such other person as the chief building official determines agree in writing with the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Crown in right of Ontario to,
(i)assume all risk in commencing the construction,
(ii)obtain all necessary approvals in the time set out in the agreement or, if none, as soon as practicable,
(iii)file plans and specifications of the complete building in the time set out in the agreement,
(iv)at the applicant’s own expense, remove the building and restore the site in the manner specified in the agreement if approvals are not obtained or plans filed in the time set out in the agreement, and
(v)comply with such other conditions as the chief building official considers necessary, including the provision of security for compliance with subclause (iv).
(3.1)A principal authority may, in writing, delegate to the chief building official the power to enter into agreements described in clause (3) (c) and may impose conditions or restrictions with respect to the delegation.
(4)In considering whether a conditional permit should be granted, the chief building official shall, among other matters, have regard to the potential difficulty in restoring the site to its original state and use if required approvals are not obtained.
(5)Any agreement entered into under clause (3) (c) may be registered against the land to which it applies and the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Province of Ontario, as the case may be, is entitled to enforce its provisions against the registered owner and, subject to the Registry Act and the Land Titles Act, any person acquiring any interest in the land subsequent to the registration of the agreement.
(6)If the chief building official determines that a building has not been removed or a site restored as required by an agreement under clause (3) (c), the chief building official may cause the building to be removed and the site restored and for this purpose the chief building official, an inspector and their agents may enter upon the land and into the building governed by the agreement at any reasonable time without a warrant.
(7)If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the removal of the building and restoration of the site under subsection (6) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be.
(8)If the building is in territory without municipal organization, the amount spent on the removal of the building and restoration of the site under subsection (6) is a debt owing to the Crown and may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act.
(8.1)The chief building official shall, within the period and in the manner prescribed by regulation, give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act the information prescribed by regulation relating to permits issued under this section and the applications for those permits.
(9)Upon reasonable grounds, the chief building official or registered code agency may refer drawings, plans or specifications accompanying applications for permits or the reports arising out of the general review of the construction of a building to the Association of Professional Engineers of Ontario or the Ontario Association of Architects for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.
(9.1)At the request of the Association of Professional Engineers of Ontario or the Ontario Association of Architects, the chief building official shall refer documents and information described in subsection (9) to those associations for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.
(10)Subject to section 25, the chief building official may revoke a permit issued under this Act,
(a)if it was issued on mistaken, false or incorrect information;
(b)if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced;
(c)if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year;
(d)if it was issued in error;
(e)if the holder requests in writing that it be revoked; or
(f)if a term of the agreement under clause (3) (c) has not been complied with.
(11)No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with this Act and the building code.
(12)No person shall make a material change or cause a material change to be made to a plan, specification, document or other information on the basis of which a permit was issued without notifying, filing details with and obtaining the authorization of the chief building official.
(13)No person shall construct or demolish a building or cause a building to be constructed or demolished except in accordance with the plans, specifications, documents and any other information on the basis of which a permit was issued or any changes to them authorized by the chief building official.
(14)If a request for authorization referred to in subsection (12) or (13) is accompanied by a change certificate that contains the prescribed information, the chief building official is not entitled to refuse to authorize the change on the grounds that the construction of the building to which the certificate relates does not comply with the building code.
OBC Div. C 1.3.1.4. Permits Under Section 10 of the Act
Open OBC Div. C 1.3.1.4. in the code viewer(1)Except as provided in Sentence (2), the following changes in use of a building or part of a building constitute an increase in hazard for the purposes of section 10 of the Act and require a permit under section 10 of the Act:
(a)a change of the major occupancy of all or part of a building that is designated with a “Y” in Table 1.3.1.4. takes place,
(b)a suite of a Group C major occupancy is converted into more than one suite of Group C major occupancy,
(c)a suite or part of a suite of a Group A, Division 2 or a Group A, Division 4 major occupancy is converted to a gaming premises,
(d)a farm building or part of a farm building is changed to another major occupancy other than a Group G major occupancy,
(e)a farm building or part of a farm building is changed to a Group G, Division 1 major occupancy.
(f)a building or part of a building is changed to a post-disaster building,
(g)a building or part of a building is changed to a retirement home, or
(h)the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined.
(2)A person is exempt from the requirement to obtain a permit under section 10 of the Act where the change in use of the building or part of the building will result from proposed construction and a permit under section 8 of the Act has been issued in respect of such construction.
(3)A person is exempt from the requirement to obtain a permit under section 10 of the Act for the change of use of a building in unorganized territory.
BCA s. 10 Change of use
Open BCA s. 10 in the code viewer(1)Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official.
(2)The chief building official shall issue a permit under subsection (1), unless,
(a)the building if used as proposed would result in a contravention of this Act or the building code or any other applicable law;
(b)the application for it is incomplete; or
(c)any fees due are unpaid.
OBC Div. C 1.3.1.5. Conditional Permits
Open OBC Div. C 1.3.1.5. in the code viewer(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.
OBC Div. C 1.3.3.2. Conditions for Residential Occupancy
Open OBC Div. C 1.3.3.2. in the code viewer(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.
OBC Div. C 2.1.1.1. Documentation
Open OBC Div. C 2.1.1.1. in the code viewer(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.
OBC Div. C 2.1.1.2. Tests
Open OBC Div. C 2.1.1.2. in the code viewer(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.
OBC Div. C 2.4.2.1. Criteria
Open OBC Div. C 2.4.2.1. in the code viewer(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.
OBC Div. C 2.4.3.1. Interpretations By Minister
Open OBC Div. C 2.4.3.1. in the code viewer(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.