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On-site Sewage Systems study guidePlumbing and septic

Existing buildings, renovation and Division C administration

Additional requirements for existing buildings and change of use, Part 11 compliance alternatives, and the Division C items on general review (1.2.2.1.(2) and (3) only), permits, site documents, occupancy, notices and inspections, as constructed plans, sewage enforcement, maintenance inspection programs, alternative solutions and rulings.

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code articles cited
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Values this chapter turns on

minimum period to decide a sewage system permit
10 days
minimum period to decide a sewage system permit
to inspect after a sewage system stage notice
5 days
to inspect after a sewage system stage notice
Lake Simcoe shoreline strip with mandatory inspections
100 m
Lake Simcoe shoreline strip with mandatory inspections
cycle for mandatory sewage system inspections
5 years
cycle for mandatory sewage system inspections

The last part of the syllabus is administration: when a sewage system needs a permit, how fast the chief building official (CBO) must decide, which inspections are prescribed, who enforces the sewage rules, and how maintenance inspection programs work. It also covers existing buildings: changes of use and the Part 11 compliance alternatives that let a replacement septic keep existing clearances.

Existing buildings and change of use

Sections 3.18. and 9.41. apply where construction in an existing building results in a listed change of use, such as a change of major occupancy marked "Y" in Division C Table 1.3.1.4., or converting one Group C suite into more than one (OBC Div. B 3.18.1.1.OBC Div. B 3.18.1.1. Application(1) This Section applies where proposed construction (a) in respect of an existing building will result in any of the following changes of use of all or part of the building: (i) 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, (ii) a suite of…, 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…). In both, the performance level after construction must not be less than before, and compensating construction is required if it would drop (OBC Div. B 3.18.2.2.OBC Div. B 3.18.2.2. Performance Level 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., 11.4.2.5. and 11.4.2.6. (3) Where…, 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…).

For a septic installer, the practical point: a change of use often raises Q. A house turned into a small restaurant moves from Table 8.2.1.3.-A to Table 8.2.1.3.-B and from a 2 x Q tank to a 3 x Q tank.

Part 11 compliance alternatives

Part 11 applies to buildings that have existed for at least five years (OBC Div. A 1.3.3.3B.OBC Div. A 1.3.3.3B. Application of Part 11(1) Except as provided in Sentence (2), Part 11 of Division B applies to the design and construction of existing buildings, or parts of existing buildings, that have been in existence for at least five years. (2) If a building has been in existence for at least five years but includes an addition that has been in…). Under 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 from the Part 11 tables may replace a requirement in Part 3, 4, 6 or 8 only where the CBO is satisfied that compliance is impracticable because of structural or construction difficulties or because it would harm a heritage building. For Part 9 or 12 requirements, no such showing is needed.

Every occupancy table has the same two sewage alternatives for Article 8.2.1.4. (see C.A. C102 and C103 in 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…):

  1. Existing clearances are acceptable where a sewage system is replaced with another in the same class whose capacity does not exceed the existing one.
  2. Existing clearances are acceptable where the replacement system requires lesser clearances than Part 8 requires for the existing system.

Worked example: replacing a failing bed

A 1970s house on a small lot has a Class 4 system whose bed is 4 m from the house. The owner replaces it with a new Class 4 system of the same capacity. Part 8 calls for 5 m from distribution pipe to a structure. Under the residential compliance alternative, the existing clearance may be accepted, but because 8.2.1.4. is a Part 8 requirement, the CBO must first be satisfied that full compliance is impracticable.

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Division C: application and general review

Division C Part 1 applies to all buildings covered by the code, 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.). Where a building needs general review by an architect or engineer, the owner must retain them, and they send copies of their written reports to the CBO or registered code agency (OBC Div. C 1.2.2.1.(2) and (3)OBC Div. C 1.2.2.1. General Review by Architect or Professional Engineer(1) The construction, including, for greater certainty, enlargement or alteration, of every building or part of it described in Table 1.2.2.1. shall be reviewed by an architect or a professional engineer or a combination of both as set out in Column 3 of the Table. (2) A person who intends to construct or have…). Sentence (1) is excluded from this exam.

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Permits

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… exempts from a building permit:

  • construction of a Class 1 sewage system, and
  • construction in territory without municipal organization, except a sewage system. Sewage systems in unorganized territory still need a permit.

How long the CBO has

For a complete application, the CBO must issue or refuse within the period in Table 1.3.1.3. (OBC Div. C 1.3.1.3.OBC Div. C 1.3.1.3. Period Within Which a Permit is Issued or Refused(1) Subject to Sentences (2) and (3) and unless the circumstances set out in Sentence (6) exist, if an application for a permit under subsection 8(1) of the Act that meets the requirements of Sentence (5) is submitted to a chief building official, the chief building official shall, within the time period set out in…). For a sewage system, the period is the longer of 10 days and the period for the building it serves (Sentences (3) and (4)). Saturdays, holidays and days the office is closed do not count. Where a board of health, conservation authority, planning board or upper-tier council enforces the sewage rules, the clock for the building permit starts only once the sewage system permit has been issued (Sentences (9) and (10)).

A change of use that increases hazard needs a permit under section 10 of the Act (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…), unless it results from construction already covered by a section 8 permit.

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Site documents and occupancy

  • Post the permit, or a copy, in a conspicuous place on the property during construction (OBC Div. C 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.).
  • Keep on site a certified copy of the drawings and specifications, plus any Building Materials Evaluation Commission authorizations and Minister's rulings the permit relied on (OBC Div. C 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…).
  • Occupancy of a building not fully completed requires, among other things, that the sewage system has been completed and is operational (OBC Div. C 1.3.3.1.(3)(q)OBC Div. C 1.3.3.1. Occupancy Permit — General(1) Except as permitted in Sentence 1.3.3.2.(1), a person may occupy or permit to be occupied any building or part of it that has not been fully completed at the date of occupation where the chief building official or a person designated by the chief building official has issued a permit authorizing occupation of the…). For small residential buildings, sewage disposal must be complete, operational and inspected (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…).

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Notices and inspections

The permit holder must notify the CBO (or registered code agency) of prescribed stages (OBC Div. C 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…). The two sewage stages:

  • (l) readiness to construct the sewage system, and
  • (m) substantial completion of the installation of the sewage system before backfilling.

For these two notices, the inspector must inspect within 5 days, instead of the usual 2 days. Days run from the day after the notice and exclude Saturdays and holidays (OBC Div. C 1.3.5.3.OBC Div. C 1.3.5.3. Prescribed Inspections(1) Except as provided in Sentence (2), an inspector or registered code agency, as the case may be, shall, not later than two days after receipt of a notice given under Sentence 1.3.5.1.(2), undertake a site inspection of the building to which the notice relates. (2) Where a notice given under Sentence 1.3.5.1.(2)…).

Before construction of a sewage system starts, the CBO must be given the registration details of the installer firm and of the qualified person who will supervise on site, plus a contact name and phone number (OBC Div. C 1.3.5.4.OBC Div. C 1.3.5.4. Construction of Sewage Systems(1) The following information is prescribed for the purposes of subsection 15.12(3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system: (a) the information described in Sentence 3.3.4.1.(2) as it relates to, (i) the person registered under…). Orders must be in a form approved by the Minister (OBC Div. C 1.3.5.5.OBC Div. C 1.3.5.5. Orders(1) An order issued under subsection 12(2), 13(1) or (6), 14(1) or 15.10.1(2) or clause 18(1)(f) of the Act shall be in a form approved by the Minister.). Where a by-law allows, the CBO may require as constructed plans (OBC Div. C 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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Who enforces the sewage rules

The boards of health and conservation authorities listed in Table 1.7.1.1. enforce the sewage provisions in the municipalities and areas listed beside them (OBC Div. C 1.7.1.1.OBC Div. C 1.7.1.1. General(1) The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1(1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems…).

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Maintenance inspection programs

Discretionary programs (OBC Div. C 1.10.1.OBC Div. C 1.10.1.2. Application and Inspections(1) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program. (2) A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect…) apply to all sewage systems in the program area. The principal authority may accept, instead of an inspection, an owner's certificate signed by a qualified person (an architect, engineer, or a registered sewage designer or installer) who has no conflict of interest, such as having worked on the system or been employed within the previous 180 days by someone who did (OBC Div. C 1.10.1.3.OBC Div. C 1.10.1.3. Certificate as Alternative to Maintenance Inspection(1) A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is…).

The mandatory program (OBC Div. C 1.10.2.3.OBC Div. C 1.10.2.3. Maintenance Inspection Program(1) Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B. (2) The areas referred to in Sentence (1) are: (a) the strip of land that is located along the Lake Simcoe…) covers systems within a 100 m strip along the Lake Simcoe shoreline and along listed rivers, streams and lakes in its watershed (including lakes over 8 hectares), and systems in source protection areas where they would be a significant drinking water threat. Inspections are due within 5 years after construction and every 5 years after that (OBC Div. C 1.10.2.4.OBC Div. C 1.10.2.4. Time Periods for Maintenance Inspections(1) An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a), (a) initially, no later than five years after the construction of the sewage system, and (b) thereafter, every five years after the most recent inspection of the…).

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Alternative solutions and rulings

A proposer must give the CBO documentation identifying the objectives, functional statements and acceptable solutions involved, and showing the alternative meets the required performance (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…). Where no test method exists, tests must simulate or exceed service conditions or compare with a known acceptable system (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…). Minister's rulings and interpretations are covered in 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… and 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

  • Class 1 needs no permit; sewage systems in unorganized territory do.
  • Sewage permit decision: longer of 10 days and the served building's period.
  • Sewage inspections: 5 days, not 2.
  • The compliance alternative for Part 8 needs the CBO to accept impracticability.
  • Lake Simcoe strip: 100 m; inspection cycle: 5 years.

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.

  • Existing buildings and change of use

    Sections 3.18. and 9.41. apply where construction in an existing building results in a listed change of use, such as a change of major occupancy marked "Y" in Division C Table…

  • Division C: application and general review

    Division C Part 1 applies to all buildings covered by the code, and the code is administered under the Act.

  • Permits

    For a complete application, the CBO must issue or refuse within the period in Table 1.3.1.3.. For a sewage system, the period is the longer of 10 days and the period for the…

  • Notices and inspections

    The permit holder must notify the CBO (or registered code agency) of prescribed stages.

  • Who enforces the sewage rules

    The boards of health and conservation authorities listed in Table 1.7.1.1. enforce the sewage provisions in the municipalities and areas listed beside them.

  • Maintenance inspection programs

    Discretionary programs apply to all sewage systems in the program area.

  • Alternative solutions and rulings

    A proposer must give the CBO documentation identifying the objectives, functional statements and acceptable solutions involved, and showing the alternative meets the required…

Usual exam traps

  • Class 1 needs no permit; sewage systems in unorganized territory do.
  • Sewage permit decision: longer of 10 days and the served building's period.
  • Sewage inspections: 5 days, not 2.
  • The compliance alternative for Part 8 needs the CBO to accept impracticability.
  • Lake Simcoe strip: 100 m; inspection cycle: 5 years.

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Questions on Existing buildings, 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 3.18.1.1. Application

    (1)This Section applies where proposed construction

    (a)in respect of an existing building will result in any of the following changes of use of all or part of the building:

    (i)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,

    (ii)a suite of a Group C major occupancy is converted into more than one suite of a Group C major occupancy,

    (iii)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,

    (iv)a farm building or part of a farm building is changed to a major occupancy,

    (v)a building or part of a building is changed to a post-disaster building,

    (vi)a building or part of a building is changed to a retirement home, or

    (vii)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

    (b)in respect of an existing building of combustible construction will extend the building by adding a storey or storeys such that the extended building will be more than four storeys in building height.

    (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 Subclauses (1)(a)(ii) to (iv) and (vi) shall also be deemed to constitute a change in major occupancy.

    (3)The requirements of this Section are in addition to the requirements of other Parts of this Division as they apply to the proposed construction.

    Open OBC Div. B 3.18.1.1. in the code viewer
  • 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 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.

    Open OBC Div. B 9.41.1.1. in the code viewer
  • OBC Div. B 3.18.2.2. Performance Level 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., 11.4.2.5. and 11.4.2.6.

    (3)Where 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., 11.4.3.6. and 11.4.3.7.

    (4)Section 11.5. applies in respect of the requirements of Sentences 11.4.3.4.(1), (3) and (4).

    Open OBC Div. B 3.18.2.2. in the code viewer
  • 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 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).

    Open OBC Div. B 9.41.2.2. in the code viewer
  • OBC Div. A 1.3.3.3B. Application of Part 11

    (1)Except as provided in Sentence (2), Part 11 of Division B applies to the design and construction of existing buildings, or parts of existing buildings, that have been in existence for at least five years.

    (2)If a building has been in existence for at least five years but includes an addition that has been in existence for less than five years, Part 11 of Division B applies to the entire building.

    Open OBC Div. A 1.3.3.3B. 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 1.1.1.1. Application

    (1)This Part applies to all buildings covered in this Code. (See Article 1.1.1.1. of Division A.)

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  • OBC Div. C 1.1.1.2. Conformance with Administrative Requirements

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

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  • OBC Div. C 1.2.2.1. General Review by Architect or Professional Engineer

    (1)The construction, including, for greater certainty, enlargement or alteration, of every building or part of it described in Table 1.2.2.1. shall be reviewed by an architect or a professional engineer or a combination of both as set out in Column 3 of the Table.

    (2)A person who intends to construct or have constructed a building or part of it required by Sentences (1) and (4) to (9) to be reviewed by an architect or a professional engineer or a combination of both, shall ensure that an architect, professional engineer or both are retained to undertake the general review of the construction of the building in accordance with the performance standards of the Ontario Association of Architects or the Association of Professional Engineers of Ontario, as applicable, to determine whether the construction is in general conformity with the plans, sketches, drawings, graphic representations, specifications and other documents that form the basis for the issuance of a permit under section 8 of the Act or any changes to it authorized by the chief building official.

    (3)The architect, professional engineer or both who have been retained to undertake the general review of the construction of a building, shall forward copies of written reports arising out of the general review to the chief building official or registered code agency, as the case may be.

    (4)The construction of a foundation of a building shall be reviewed 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.

    (5)The construction of a sprinkler protected glazed wall assembly described in Article 3.1.8.20. of Division B shall be reviewed by a professional engineer.

    (6)The construction of a shelf and rack storage system described in Section 3.16. of Division B shall be reviewed by a professional engineer.

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

    (8)The construction of a sign structure shall be reviewed by an architect or a professional engineer or a combination of both, where the sign is,

    (a)a ground sign that exceeds 7.5 m in height above the adjacent finished ground,

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

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

    (9)The construction of a projecting sign attached in any manner to a parapet wall shall be reviewed by an architect, professional engineer or a combination of both.

    (10)The construction of a demountable stage or demountable support structure regulated by Section 3.17. of Division B shall be reviewed by a professional engineer.

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  • 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 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.

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  • OBC Div. C 1.3.1.3. Period Within Which a Permit is Issued or Refused

    (1)Subject to Sentences (2) and (3) and unless the circumstances set out in Sentence (6) exist, if an application for a permit under subsection 8(1) of the Act that meets the requirements of Sentence (5) is submitted to a chief building official, the chief building official shall, within the time period set out in Column 2 of Table 1.3.1.3. corresponding to the class of building described in Column 1 of Table 1.3.1.3. for which the application is made,

    (a)issue the permit, or

    (b)refuse to issue the permit and provide in writing all of the reasons for the refusal.

    (2)If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of two or more buildings of different classes described in Column 1 of Table 1.3.1.3. that have different time periods in Column 2 of Table 1.3.1.3., the longer of the time periods shall be the time period for the purposes of Sentence (1).

    (3)If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of a building described in Sentence (4), the time period for the purposes of Sentence (1) shall be the longer of,

    (a)10 days, and

    (b)the time period corresponding to the class of the building described in Column 1 of Table 1.3.1.3. that the building described in Sentence (4) serves, if any.

    (4)A building referred to in Sentence (3) is,

    (a)a structure occupying an area of 10 m² or less that contains plumbing, including the plumbing appurtenant to it,

    (b)plumbing not located in a structure,

    (c)a sewage system, or

    (d)a structure designated in Article 1.3.3.5. of Division A.

    (5)The requirements that an application for a permit under subsection 8(1) of the Act must meet for the purposes of Sentence (1) are,

    (a)that the application is made in the form described in Sentence 1.3.1.2.(2),

    (b)that the applicant for the permit is a person described in Clause 1.3.1.2.(1)(a) or (b),

    (c)that all applicable fields on the application form and required schedules are completed,

    (d)that all required schedules are submitted with the application,

    (e)that payment is made of all fees that are required, under the applicable by-law, resolution or regulation made under clause 7(1)(c) of the Act, to be paid when the application is made, and

    (f)that the applicant has declared in writing that,

    (i)the application meets all the requirements set out in Clauses (a) to (e),

    (ii)the application is accompanied by the plans and specifications prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Act,

    (iii)the application is accompanied by the information and documents prescribed by the applicable by-law, resolution or regulation made under clause 7(1)(b) of the Act which enable the chief building official to determine whether the proposed building, construction or demolition will contravene any applicable law, and

    (iv)the proposed building, construction or demolition will not contravene any applicable law.

    (6)The chief building official is not required to make a decision within the time period required by Sentence (1) with respect to an application that meets the requirements of Sentence (5) if the chief building official,

    (a)determines that,

    (i)the application is not accompanied by the plans, specifications, information and documents referred to in Subclauses (5)(f)(ii) and (iii), or

    (ii)the proposed building, construction or demolition will contravene any applicable law, and

    (b)advises the applicant of his or her determination and provides in writing the reasons for the determination within two days.

    (7)Subject to Sentences (9) and (10), the time period described in Sentences (1) to (3) and in Clause (6)(b) shall begin on the day following the day on which an application that meets the requirements of Sentence (5) is submitted to the chief building official.

    (8)The time periods described in Column 2 of Table 1.3.1.3. and in Clause (6)(b) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

    (9)The time period in Sentence (10) applies where,

    (a)an application is made for the construction of a building that is served by a sewage system,

    (b)construction is proposed in respect of the sewage system that serves the building, and

    (c)a board of health, conservation authority, planning board or the council of an upper-tier municipality is responsible for the enforcement of the provisions of the Act and this Code related to the sewage system under section 3.1 of the Act or pursuant to an agreement under section 6.2 of the Act.

    (10)The time period described in Sentences (1) to (3) and in Clause (6)(b) for an application referred to in Clause (9)(a) shall begin on the day following the later of,

    (a)the day on which an application that meets the requirements of Sentence (5) is submitted to the chief building official, and

    (b)the day on which a permit for the construction of the sewage system referred to in Clause (9)(b) is issued.

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  • OBC Div. C Table 1.3.1.3. Period Within Which Permit Shall be Issued or Refused — Forming Part of Article 1.3.1.3.

    Table 1.3.1.3. Period Within Which Permit Shall be Issued or Refused — Forming Part of Article 1.3.1.3. Item | Class of Building | Time Period 1 | (a) Except for a retirement home, a house where no dwelling unit is located above another dwelling unit. (b) A detached structure that serves a building described in Clause (a) and does not exceed 55 m² in building area. (c) A tent to which Section 3.14. of Division B applies. (d) A sign to which Section 3.15. of Division B applies. (e) A demountable stage or demountable support structure to which Section 3.17. of Division B applies. | 10 days 2 | (a) Buildings described in Clause 1.3.3.3.(1)(a), (b) or (c) of Division A, other than buildings described in Column 1 of any of Items 1 and 4 of this Table. (b) Farm buildings that do not exceed 600 m² in building area. | 15 days 3 | (a) Buildings described in Sentence 1.3.3.2.(1) of Division A, other than buildings described in Column 1 of any of Items 1 and 4 of this Table. (b) Farm buildings exceeding 600 m² in building area. (c) Retirement homes. | 20 days 4 | (a) Post-disaster buildings. (b) Buildings to which Subsection 3.2.6. of Division B or any provision in Articles 3.2.8.3. to 3.2.8.8. of Division B applies. | 30 days N/A | Column 1 | Column 2

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  • 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 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.

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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 1.3.3.1. Occupancy Permit — General

    (1)Except as permitted in Sentence 1.3.3.2.(1), a person may occupy or permit to be occupied any building or part of it that has not been fully completed at the date of occupation where 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 prior to its completion in accordance with Sentence (3).

    (2)Sentence (1) does not apply in respect of the occupancy of a building to which Article 1.3.3.4., 1.3.3.5. or 1.3.3.7. applies or a building or part of it to which Article 1.3.3.8. applies.

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

    (a)the structure of the building or part of it is completed to the roof,

    (b)the enclosing walls of the building or part of them are completed to the roof,

    (c)the walls enclosing the space to be occupied are completed, including balcony guards,

    (d)all required fire separations and closures are completed on all storeys to be occupied,

    (e)all required exits are completed, including all fire separations, doors, door hardware, self-closing devices, guards and handrails, from the uppermost floor to be occupied down to grade level and below if an exit connects with lower storeys,

    (f)all shafts including closures are completed to the floor-ceiling assembly above the storey to be occupied and have a temporary fire separation at such assembly,

    (g)measures have been taken to prevent access to parts of the building and site that are incomplete or still under construction,

    (h)floors, halls, lobbies and required means of egress are free of loose materials and other hazards,

    (i)if service rooms should be in operation, required fire separations and closures are completed,

    (j)all building drains, building sewers, water systems, drainage systems and venting systems are complete and tested as operational for the storeys to be occupied,

    (k)required lighting, heating and electrical supply are provided for the suites, rooms and common areas to be occupied,

    (l)required lighting in corridors, stairways and exits is completed and operational up to and including all storeys to be occupied,

    (m)required standpipe, sprinkler and fire alarm systems are complete and operational up to and including all storeys to be occupied, together with required pumper connections for such standpipes and sprinklers,

    (n)required fire extinguishers have been installed on all storeys to be occupied,

    (o)main garbage rooms, chutes and ancillary services are completed to all storeys to be occupied,

    (p)required firefighting access routes have been provided and are accessible, and

    (q)the sewage system has been completed and is operational.

    (4)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 the building, the chief building official or a person designated by the chief building official shall issue the permit referred to in Sentence (3) after receipt of a certificate for the occupancy of a building not fully completed issued by the registered code agency in respect of the building.

    (5)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 1.3.3.2. 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 1.3.5.1. 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 1.3.5.3. Prescribed Inspections

    (1)Except as provided in Sentence (2), an inspector or registered code agency, as the case may be, shall, not later than two days after receipt of a notice given under Sentence 1.3.5.1.(2), undertake a site inspection of the building to which the notice relates.

    (2)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(l) or (m), an inspector or registered code agency, as the case may be, shall, not later than five days after receipt of the notice, undertake a site inspection of the sewage system to which the notice relates.

    (2.1)Where a notice given under Sentence 1.3.5.1.(2) relates to matters described in Clause 1.3.5.1.(2)(q), an inspector or registered code agency, as the case may be, shall, not later than ten days after receipt of the notice, undertake a site inspection of the building to which the notice relates.

    (3)When undertaking an inspection required under Sentence (1), (2) or (2.1), the inspector or registered code agency, as the case may be, may consider reports concerning whether the building or a part of the building complies with the Act or this Code.

    (4)For greater certainty, when undertaking an inspection required under Sentence (1), (2) or (2.1), the inspector or registered code agency, as the case may be, may choose to not attend at the physical site of the building and may instead undertake the inspection using other means.

    (5)The time periods referred to in Sentences (1), (2) and (2.1) shall begin on the day following the day on which the notice is given.

    (6)The time periods referred to in Sentences (1), (2) and (2.1) shall not include Saturdays, holidays and all other days when the offices of the principal authority are not open for the transaction of business with the public.

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  • OBC Div. C 1.3.5.4. Construction of Sewage Systems

    (1)The following information is prescribed for the purposes of subsection 15.12(3) of the Act and must be provided to the chief building official before the commencement of the construction of a sewage system:

    (a)the information described in Sentence 3.3.4.1.(2) as it relates to,

    (i)the person registered under Article 3.3.3.2., and

    (ii)the person with the qualifications described in Clause 3.3.3.2.(1)(a) who will supervise construction on-site of the sewage system, and

    (b)the name and telephone number of the representative of the person described in Subclause (a)(i) who may be contacted by the chief building official in respect of the construction of the sewage system.

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  • OBC Div. C 1.3.5.5. Orders

    (1)An order issued under subsection 12(2), 13(1) or (6), 14(1) or 15.10.1(2) or clause 18(1)(f) of the Act shall be in a form approved by the Minister.

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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 1.7.1.1. General

    (1)The boards of health and conservation authorities listed in Column 1 of Table 1.7.1.1. are prescribed, for the purposes of subsection 3.1(1) of the Act, as the boards of health and conservation authorities that are responsible for the enforcement of the provisions of the Act and this Code related to sewage systems in the municipalities and territory without municipal organization prescribed in Column 2 of Table 1.7.1.1.

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  • OBC Div. C 1.10.1.2. Application and Inspections

    (1)A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall apply to all sewage systems in the area affected by the maintenance inspection program.

    (2)A maintenance inspection program referred to in Sentence 1.10.1.1.(1) shall provide that, subject to Article 1.10.1.3., an inspector shall inspect all sewage systems affected by the maintenance inspection program for compliance with the standards prescribed under clause 34(2)(b) of the Act in relation to sewage systems that are enforced by the program.

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  • OBC Div. C 1.10.1.3. Certificate as Alternative to Maintenance Inspection

    (1)A principal authority that establishes a maintenance inspection program in respect of sewage systems may, as an alternative to conducting an inspection of a sewage system required under Sentence 1.10.1.2.(2) accept a certificate described in Sentence (2) from the owner of the property on which the sewage system is located.

    (2)The certificate referred to in Sentence (1) shall,

    (a)be in a form approved by the Minister,

    (b)be signed by a person described in Sentence (3), and

    (c)confirm that the person,

    (i)has conducted an inspection of the sewage system to which the certificate relates, and

    (ii)is satisfied on reasonable grounds that, on the date on which the certificate is signed, the sewage system to which the certificate relates is in compliance with the standards prescribed under clause 34(2)(b) of the Act in relation to sewage systems that are enforced by the maintenance inspection program.

    (3)Subject to Sentence (4), the following persons are authorized to sign a certificate referred to in Sentence (1):

    (a)a person registered under Article 3.2.4.2. in the class of registration set out in Column 1 of Item 10 of Table 3.5.2.1.,

    (b)a person registered under Article 3.3.3.2.,

    (c)an architect,

    (d)a professional engineer.

    (4)A person shall not sign a certificate referred to in Sentence (1) if the person would be in a conflict of interest.

    (5)For the purposes of Sentence (4), a person would be in a conflict of interest if the person, or an officer, director, partner or employee of the person (where the person is a corporation or partnership), or any person engaged by the person to perform functions for the person,

    (a)has participated or participates, in any capacity, in design activities or construction relating to any part of the sewage system to which the certificate relates,

    (b)is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the sewage system to which the certificate relates,

    (c)has a professional or financial interest in,

    (i)the construction of the sewage system to which the certificate relates,

    (ii)the sewage system to which the certificate relates, or

    (iii)the person responsible for the design of the sewage system to which the certificate relates, or

    (d)is an elected official, officer or employee of a principal authority.

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  • OBC Div. C 1.10.2.3. Maintenance Inspection Program

    (1)Subject to Article 1.10.2.5., an inspector shall inspect all sewage systems located in whole or in part in the areas set out in Sentence (2) for compliance with the requirements of Section 8.9. of Division B.

    (2)The areas referred to in Sentence (1) are:

    (a)the strip of land that is located along the Lake Simcoe shoreline and that is 100 m wide measured horizontally and perpendicular to and upland from the Lake Simcoe shoreline, except for the portions of the strip of land that are described in Sentence (3),

    (b)portions of the strip of land along the Lake Simcoe shoreline described in Sentence (3),

    (c)the strip of land that is located along each of the following rivers, streams, lakes or ponds and that is 100 m wide measured horizontally and perpendicular to and upland from the river, stream, lake or pond,

    (i)any river or stream in the Lake Simcoe watershed that continually flows in an average year,

    (ii)any lake or pond in the Lake Simcoe watershed that is connected on the surface to a river or stream described in Subclause (i), and

    (iii)any other lake or pond in the Lake Simcoe watershed that has a surface area greater than 8 hectares, and

    (d)areas within a vulnerable area that are located in a source protection area and that are identified in the most recent of the following documents as the areas where an activity described in Sentence (4) is or would be a significant drinking water threat:

    (i)the assessment report for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any updating under that Act, or

    (ii)the source protection plan for the source protection area, as initially approved under the Clean Water Act, 2006 or as most recently approved following any amendments or reviews under that Act.

    (3)The excepted portions of the strip of land along the Lake Simcoe shoreline referred to in Clause (2)(a) are:

    (a)that portion of the strip of land in the geographic Township of Oro, now in the municipal Township of Oro-Medonte, in the County of Simcoe, and in the geographic Townships of Innisfil and Vespra, now in the City of Barrie, being bounded on the north by the east limit of Lot 1, Concession 1 East Penetanguishene Road of the said geographic Township of Oro and its southerly prolongation and on the south by the east limit of Lot 14, Concession 13 of the said geographic Township of Innisfil and its northerly prolongation,

    (b)that portion of the strip of land in the geographic Townships of North Gwillimbury and Georgina, now in the Town of Georgina, and in the geographic Township of East Gwillimbury, now in the Town of East Gwillimbury, all in The Regional Municipality of York, being bounded on the west by the west limit of Lot 6, Concession 1 of the said geographic Township of North Gwillimbury and its northerly prolongation and on the east by the east limit of Lot 3, Concession 8 of the said geographic Township of Georgina and its northerly prolongation, and

    (c)that portion of the strip of land in the geographic Township of Mara, now in the municipal Township of Ramara, in the County of Simcoe, and in the geographic Township of Thorah, now in the municipal Township of Brock, in The Regional Municipality of Durham, being bounded on the north by the west limit of Lot 13, Concession C of the said geographic Township of Mara and its southerly prolongation and on the south by the west limit of Lot 14, Concession 6 of the said geographic Township of Thorah and its northerly prolongation.

    (4)The activity referred to in Clause (2)(d) is an activity that is subject to the Act and that is described in paragraph 2 of subsection 1.1(1) of Ontario Regulation 287/07 (General) made under the Clean Water Act, 2006.

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  • OBC Div. C 1.10.2.4. Time Periods for Maintenance Inspections

    (1)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(a),

    (a)initially, no later than five years after the construction of the sewage system, and

    (b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

    (2)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area described in Clause 1.10.2.3.(2)(b) or (c),

    (a)initially, no later than five years after the construction of the sewage system, and

    (b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

    (3)An inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in an area affected by a significant drinking water threat,

    (a)initially, no later than,

    (i)five years after the date on which notice of the approval of one of the following documents is published on the environmental registry under the Clean Water Act, 2006, in the case of a sewage system constructed before the date of publication,

    (A) the assessment report for the source protection area, if the source protection plan is one prepared under section 22 of the Clean Water Act, 2006, or

    (B) the source protection plan for the source protection area, if the source protection plan is one prepared under section 26 or 33 of the Clean Water Act, 2006, or

    (ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of publication, and

    (b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

    (4)If additional areas affected by a significant drinking water threat are identified for a source protection area after the date of publication referred to in Clause (3)(a), an inspection required under Sentence 1.10.2.3.(1) shall be conducted in respect of a sewage system in those additional areas,

    (a)initially, no later than,

    (i)five years after the following date of approval or publication, as applicable, in the case of a sewage system constructed before that date,

    (A) the date of approval under section 19 of the Clean Water Act, 2006 of the updated assessment report in which the additional areas are identified, or

    (B) the date of publication on the environmental registry under the Clean Water Act, 2006 of notice of the approval of the amended or updated source protection plan in which the additional areas are identified, or

    (ii)five years after the construction of the sewage system, in the case of a sewage system constructed on or after the date of approval or publication, as applicable, and

    (b)thereafter, every five years after the most recent inspection of the sewage system has been conducted.

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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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