O. Reg. 151/13: BUILDING CODE

Link to law: http://www.ontario.ca/laws/regulation/r13151
Published: 2013-05-09

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ONTARIO REGULATION 151/13

made under the

BUILDING CODE ACT, 1992

Made: April 24, 2013
Filed: May 9, 2013
Published on e-Laws: May 9, 2013
Printed in The Ontario Gazette: May 25, 2013


Amending O. Reg. 332/12

(BUILDING CODE)

Note: Ontario Regulation 332/12 has not previously been amended.

1. Subclause 1.1.2.2.(1)(a)(ii) of Division A of Ontario Regulation 332/12 is amended by striking out “care or detention occupancies” at the end and substituting “care, care and treatment or detention occupancies, or”.

2. (1) The definition of “care occupancy” in Clause 1.4.1.2.(1)(c) of Division A of the Regulation is revoked and the following substituted:

Care occupancy (Group B, Division 3) means an occupancy in which special care is provided by a facility, directly through its staff or indirectly through another provider, to residents of the facility,

(a) who require special care because of cognitive or physical limitations, and

(b) who, as a result of those limitations, would be incapable of evacuating the occupancy, if necessary, without the assistance of another person.

(2) The definition of “care or detention occupancy” in Clause 1.4.1.2.(1)(c) of Division A of the Regulation is revoked.

(3) Clause (e) of the definition of “private sewer” in Clause 1.4.1.2.(1)(c) of Division A of the Regulation is amended by striking out “industrial, commercial or care or detention occupancy” and substituting “care, care and treatment, detention, commercial or industrial occupancy”.

(4) The definition of “residential occupancy” in Clause 1.4.1.2.(1)(c) of Division A of the Regulation is revoked and the following substituted:

Residential occupancy means an occupancy in which sleeping accommodation is provided to residents who are not harboured for the purpose of receiving special care or treatment and are not involuntarily detained.

3. (1) Clause 3.1.5.13.(1)(b) of Division B of the Regulation is amended by striking out “care or detention occupancy” at the end and substituting “care, care and treatment or detention occupancy”.

(2) Clause 3.1.5.13.(2)(b) of Division B of the Regulation is amended by striking out “care or detention occupancy” and substituting “care, care and treatment or detention occupancy”.

(3) Subclause 3.1.5.13.(3)(b)(i) of Division B of the Regulation is amended by striking out “care or detention occupancy” at the end and substituting “care, care and treatment or detention occupancy”.

4. Sentence 3.1.8.8.(5) of Division B of the Regulation is amended by striking out “residential or care or detention occupancy” and substituting “care, care and treatment, detention or residential occupancy”.

5. Clause 3.1.8.12.(3)(d) of Division B of the Regulation is revoked and the following substituted:

(d) a door serving,

(i) an assembly occupancy,

(ii) a care occupancy,

(iii) a care and treatment occupancy,

(iv) a detention occupancy, or

(v) a residential occupancy, or

6. Clause 3.1.8.18.(2)(d) of Division B of the Regulation is revoked and the following substituted:

(d) any part of an exit serving,

(i) a floor area subject to the requirements of Subsection 3.2.6.,

(ii) a care occupancy,

(iii) a care and treatment occupancy,

(iv) a detention occupancy, or

(v) a residential occupancy.

7. (1) Subclause 3.1.13.6.(1)(b)(ii) of Division B of the Regulation is revoked and the following substituted:

(ii) a care, care and treatment or detention occupancy,

(2) Clause 3.1.13.6.(1)(d) of Division B of the Regulation is amended by striking out “care or detention occupancy” at the end and substituting “care, care and treatment or detention occupancy”.

8. Item 2 of Table 3.1.17.1. of Division B of the Regulation is amended by striking out “Care or detention uses” in Column 1 and substituting “Care, care and treatment or detention uses”.

9. Article 3.2.2.44. of Division B of the Regulation is amended by adding the following Sentence:

(5) A retirement home regulated under the Retirement Homes Act, 2010 shall be sprinklered.

10. Article 3.2.2.46. of Division B of the Regulation is amended by adding the following Sentence:

(5) A retirement home regulated under the Retirement Homes Act, 2010 shall be sprinklered.

11. Article 3.2.2.47. of Division B of the Regulation is amended by adding the following Sentence:

(5) A retirement home regulated under the Retirement Homes Act, 2010 shall be sprinklered.

12. Sentence 3.2.4.8.(1) of Division B of the Regulation is revoked and the following substituted:

3.2.4.8. Signals to Fire Department

(1) If a fire alarm system is required to be installed and a single stage system is provided, the system shall be designed to notify the fire department in conformance with Sentence (4) that an alarm signal has been initiated in,

(a) a Group A occupancy having an occupant load more than 300,

(b) a Group B occupancy,

(c) a Group F, Division 1 occupancy,

(d) a building regulated by the provisions of Subsection 3.2.6.,

(e) a building containing interconnected floor space required to conform to Articles 3.2.8.3. to 3.2.8.11., or

(f) a retirement home regulated under the Retirement Homes Act, 2010 that is a Group C occupancy.

13. Sentence 3.2.4.12.(3) of Division B of the Regulation is amended by striking out “care or detention occupancy” and substituting “care, care and treatment or detention occupancy”.

14. Sentence 3.2.4.22.(1) of Division B of the Regulation is amended by striking out “care or detention occupancies” and substituting “care, care and treatment or detention occupancies”.

15. (1) Sentence 3.2.5.13.(1) of Division B of the Regulation is amended by striking out “permitted” and substituting “provided”.

(2) Sentence 3.2.5.13.(3) of Division B of the Regulation is amended by striking out “NFPA 13D” at the beginning and substituting “Except as required by Sentence (8), NFPA 13D”.

(3) Article 3.2.5.13. of Division B of the Regulation is amended by adding the following Sentence:

(8) The sprinkler system described in Sentence (3) shall be provided with a minimum 20 min water supply when installed in a retirement home regulated under the Retirement Homes Act, 2010.

16. Sentence 3.2.6.8.(1) of Division B of the Regulation is revoked and the following substituted:

3.2.6.8. Voice Communication System

(1) A voice communication system conforming to Article 3.2.4.23. shall be provided in a building if,

(a) the floor of the top storey is more than 36 m above grade,

(b) a floor area or part of a floor area located above the third storey is designed or intended for use as a Group B, Division 2 or 3 occupancy, or

(c) a floor area or part of a floor area located more than 18 m above grade is designed or intended for use as a retirement home regulated under the Retirement Homes Act, 2010 that is a Group C occupancy.

17. Sentence 3.3.1.4.(3) of Division B of the Regulation is amended by striking out “care or detention occupancy or residential occupancy” at the end and substituting “care, care and treatment, detention or residential occupancy”.

18. The heading to Subsection 3.3.3. of Division B of the Regulation is revoked and the following substituted:

3.3.3. Care, Care and Treatment or Detention Occupancy

19. Sentence 3.3.3.1.(1) of Division B of the Regulation is amended by striking out “care or detention occupancies” at the end and substituting “care occupancies, care and treatment occupancies and detention occupancies”.

20. Sentence 3.3.3.2.(1) of Division B of the Regulation is amended by striking out “care or detention occupancy” and substituting “care, care and treatment or detention occupancy”.

21. Sentence 3.4.3.2.(2) of Division B of the Regulation is amended by striking out “care or detention occupancy” and substituting “care, care and treatment or detention occupancy”.

22. Clause 3.4.6.7.(1)(a) of Division B of the Regulation is revoked and the following substituted:

(a) 1 in 10 in any assembly, care, care and treatment, detention or residential occupancy”.

23. Subclause 3.4.6.16.(4)(b)(iii) of Division B of the Regulation is amended by striking out “care or detention occupancy” at the end and substituting “care, care and treatment or detention occupancy”.

24. Clause 3.4.7.1.(2)(b) of Division B of the Regulation is amended by striking out “care or detention occupancies” and substituting “care, care and treatment or detention occupancies”.

25. The heading to Article 3.7.4.4. of Division B of the Regulation is amended by striking out “Care or Detention Occupancies” at the end and substituting “Care, Care and Treatment or Detention Occupancies”.

26. (1) Sentence 3.17.1.1.(1) of Division B of the Regulation is revoked and the following substituted:

3.17.1.1. 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 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 a major occupancy,

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

(f) a building or part of a building is changed to a retirement home regulated under the Retirement Homes Act, 2010, or

(g) 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) Sentence 3.17.1.1.(2) of Division B of the Regulation is amended by striking out “Clauses (1)(b) to (d)” and substituting “Clauses (1)(b) to (d) and (f)”.

27. Sentence 3.17.2.1.(1) of Division B of the Regulation is amended by striking out “Clauses 3.17.1.1.(1)(a) to (d)” and substituting “Clauses 3.17.1.1.(1)(a) to (d) and (f)”.

28. (1) The heading to Subsection 9.10.8. of Division B of the Regulation is revoked and the following substituted:

9.10.8. Fire-Resistance, Combustibility and Sprinklers in Relation to Occupancy, Height and Supported Elements

(2) Subsection 9.10.8. of Division B of the Regulation is amended by adding the following Article:

9.10.8.4. Automatic Sprinkler Systems

(1) A retirement home regulated under the Retirement Homes Act, 2010 shall be sprinklered in accordance with Sentence 9.10.1.3.(8).

29. (1) Sentence 9.40.1.1.(1) of Division B of the Regulation is revoked and the following substituted:

9.40.1.1. 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 a major occupancy,

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

(e) a building or part of a building is changed to a retirement home regulated under the Retirement Homes Act, 2010, or

(f) 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) Sentence 9.40.1.1.(2) of Division B of the Regulation is amended by striking out “Clauses (1)(b) to (e)” and substituting “Clauses (1)(b) to (f)”.

30. Sentence 9.40.2.1.(1) of Division B of the Regulation is amended by striking out “Clauses 9.40.1.1.(1)(a) to (d)” and substituting “Clauses 9.40.1.1.(1)(a) to (e)”.

31. Sentence 10.1.1.2.(1) of Division B of the Regulation is revoked and the following substituted:

10.1.1.2. Change in Major Occupancy

(1) The following changes of use are also deemed to be a change in major occupancy for the purposes of this Part:

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

(b) a suite or part of a suite of a Group A, Division 2 or Group A, Division 4 major occupancy is converted to a gaming premises,

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

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

(e) a building or part of a building is changed to a retirement home regulated under the Retirement Homes Act, 2010, or

(f) 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.

32. Article 10.3.2.2. of Division B of the Regulation is amended by adding the following Sentence:

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

(a) the use of the building or part of the building is changed to a retirement home regulated under the Retirement Homes Act, 2010, and

(b) any of the following applies:

(i) the retirement home is not sprinklered,

(ii) Clause 3.2.6.8.(1)(b) or (c), as applicable, requires that a voice communication system conforming to Article 3.2.4.23. be provided in the building and such a system is not provided in the building, or

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

33. Sentence 11.3.3.1.(2) of Division B of the Regulation is revoked and the following substituted:

(2) Construction in respect of a hotel, a Group B, Division 3 occupancy or a retirement home regulated under the Retirement Homes Act, 2010 that is a Group C occupancy may be carried out in accordance with Sentence (1) only if the construction will be in conformance with the Fire Code made under the Fire Protection and Prevention Act, 1997.

34. Article 11.3.3.2. of Division B of the Regulation is amended by adding the following Sentence:

(5) Where existing interior walls or ceilings or floor assemblies or roof assemblies are substantially removed and new interior walls, ceilings, floor assemblies or roof assemblies are installed in an existing building or part of an existing building that is a retirement home regulated under the Retirement Homes Act, 2010, the following requirements apply:

(a) the retirement home shall be sprinklered,

(b) a voice communication system conforming to Article 3.2.4.23. shall be provided in the building, if Clause 3.2.6.8.(1)(b) or (c), as applicable, requires that such a voice communication system be provided in the building, and

(c) doors to suites and sleeping rooms not within suites in the retirement home, other than doors leading directly to the exterior, shall be equipped with self-closing devices.

35. (1) Sentence 11.4.2.3.(1) of Division B of the Regulation is revoked and the following substituted:

11.4.2.3. Change of Major Occupancy

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

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

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

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

(d) the change of a farm building or part of a farm building to a major occupancy,

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

(f) the change of a building or part of a building to a retirement home regulated under the Retirement Homes Act, 2010, or

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

(2) Sentence 11.4.2.3.(2) of Division B of the Regulation is amended by striking out “Clauses (1)(b) to (f)” and substituting “Clauses (1)(b) to (g)”.

36. (1) Sentence 11.4.3.4.(1) of Division B of the Regulation is amended by striking out “under Sentence 11.4.2.3.(1)” and substituting “under Clause 11.4.2.3.(1)(a), (b), (c), (d), (e) or (g)”.

(2) Article 11.4.3.4. of Division B of the Regulation is amended by adding the following Sentence:

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

(a) the retirement home shall be sprinklered,

(b) a voice communication system conforming to Article 3.2.4.23. shall be provided in the building, if Clause 3.2.6.8.(1)(b) or (c), as applicable, requires that such a voice communication system be provided in the building, and

(c) doors to suites and sleeping rooms not within suites in the retirement home, other than doors leading directly to the exterior, shall be equipped with self-closing devices.

37. The heading to Table 11.5.1.1.B. of Division B of the Regulation is amended by striking out “Care or Detention Occupancies” and substituting “Care, Care and Treatment or Detention Occupancies”.

38. (1) Item 3 of Table 1.2.2.1. of Division C of the Regulation is amended by striking out “Care or detention occupancy” in Column 1 and substituting “Care, care and treatment or detention occupancy”.

(2) Item 4 of Table 1.2.2.1. of Division C of the Regulation is amended by striking out “Care or detention occupancy” in Column 1 and substituting “Care, care and treatment or detention occupancy”.

(3) Item 7 of Table 1.2.2.1. of Division C of the Regulation is amended by striking out “industrial, assembly or care or detention occupancy” in Column 1 and substituting “assembly, care, care and treatment, detention or industrial occupancy”.

(4) Item 9 of Table 1.2.2.1. of Division C of the Regulation is amended by striking out “industrial, assembly or care or detention occupancy” in Column 1 and substituting “assembly, care, care and treatment, detention or industrial occupancy”.

(5) Item 11 of Table 1.2.2.1. of Division C of the Regulation is amended by striking out “industrial, assembly or care or detention occupancy” in Column 1 and substituting “assembly, care, care and treatment, detention or industrial occupancy”.

39. Sentence 1.3.1.4.(1) of Division C of the Regulation is revoked and the following substituted:

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 a major occupancy,

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

(f) a building or part of a building is changed to a retirement home regulated under the Retirement Homes Act, 2010, or

(g) 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.

Commencement

40. This Regulation comes into force on January 1, 2014.