Fire Code Retrofit
There has been a sharp rise in the demand for affordable, urban rental housing as many homeowners are seriously consider the viability of adding a basement apartment or converting the ground floor into a separate dwelling unit.
Amendments made to the Municipal Act and Planning Act permit one apartment in most detached houses, semi-detached houses and some types of row houses as long as minimum health and safety requirements can be met. Owners should check with their municipality to determine if they can legally have an accessory unit within their home. Municipal policies and their requirements vary.
Before buying a property for investment or rental purposes the client will want to know if the property meets the applicable Retrofit Section of the Ontario Fire Code, O. Reg.388/97. Retrofit is the upgrading of existing buildings to meet the minimum performance requirements for life safety for the building occupants. We can provide the client with an audit of deficiencies and the most cost effective compliance requirements to prevent our clients from incurring major retrofit expenses after possession. The benefits in complying with Retrofit are: you will make your unit safer from fire; the legal status will increase the overall value of your house and make it more marketable upon eventual sale.
With respect to apartments in houses, the Building Code applies to situations where someone intends to construct or install a second dwelling unit within a house, semi-detached house or row house. The Building Code specifies requirements for the health and safety of a building, being altered or constructed, not regulated by the Fire Code, The owner must obtain a building permit from the local Chief Building Official prior to starting any changes to the structure or to the use therein. The alterations must be performed as outlined in the building permit and in accordance with the Building Code. The areas being renovated or constructed may be subjected to periodic inspections while construction is ongoing. The purpose of obtaining a building permit ensures that the construction meets the minimum requirements of the Ontario Building Code. In
addition, it provides the seller with documentation that the seller can show to a potential purchaser.
Retrofit Section 9.8 of the Fire Code regulates minimum provisions for fire safety in existing residential buildings, that existed on July 14,1994, which contain two existing dwelling units, and operated as housekeeping units situated in a detached house, semi-detached house or row house.
The owner must ensure that requirements for fire separations, means of egress, smoke alarms and electrical safety are satisfied in order to provide for the life safety of the building occupants. (The specific requirements for fire separations, means of egress, smoke alarms and electrical safety are dealt with in detail later in the text.) This may require that repairs or alterations be carried out in the building in order to comply.
Depending upon the nature and the extent of the alterations required within the building, the owner may also need to obtain a building permit before making the material alterations. This should be discussed with the Chief Fire and Building Officials serving the municipality where the building is located. It is important to understand that when it is necessary to comply with the Retrofit provisions, the required alterations made within the building are not considered to be in contravention of the Building Code.
The five main principles of 9.8 Retrofit are:
Fire alarm and detection systems
Suppression systems
Means of containment (smoke and fire)
Means of egress (exits)
Electrical safety inspection
Fire Safety Planning
The Ontario Fire Code requires that certain occupancies have a fire safety plan in place for occupant safety. For example a residential occupancy, such as an apartment building or a boarding house, where the occupant load exceeds 10, requires a fire safety plan.
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