jswizzle3737/ontario_laws_and_regs huggingface dataset:
9.38.3.4. Reduction of Thermal Resistance (1) The thermal resistance of a building assembly may be reduced by not more than 20 per cent from that required in Articles 9.38.3.1. and 9.38.3.2., and the amount of glazing may be increased to more than permitted in Article 9.38.4.3., where it can be shown that the total calculated heat loss from the building enclosure does not exceed the heat loss that would result if the enclosure were constructed in conformance with the minimum thermal resistance requirements in Articles 9.38.3.1. and 9.38.3.2. and with the maximum amount of glazing permitted in Article 9.38.4.3., provided no allowance is made for solar heat gains or for the orientation of the glazing as described in Article 9.38.4.5.
9.38.3.5. Thermal Resistance Values for Roof and Ceiling Assemblies (1) The thermal resistance values in Article 9.38.3.1. and 9.38.3.2. for roof or ceiling assemblies separating heated space from unheated space or the exterior may be reduced near the eaves to the extent made necessary by the roof slope and required ventilation clearances, except that the thermal resistance at the location directly above the inner surface of the exterior wall shall be at least 2.1 m2°C/W.
9.38.3.6. Reduction in Thermal Resistance Values due to Thermal Inertia (1) The thermal resistance values required in Article 9.38.3.1. may be reduced to take into account the effect of thermal inertia resulting from the mass of the building in conformance with Building Research Note No. 126, published by the Division of Building Research, National Research Council of Canada, January 1978.
9.38.3.7. Insulation on Exterior of Foundation Wall (1) Insulation applied to the exterior of a foundation wall or slab-on-ground floor shall extend down at least 600 mm below the adjacent exterior ground level or shall extend down and outward from the floor or wall for a total distance of at least 600 mm measured from the adjacent finished ground level.
9.38.3.8. Insulation on Interior of Foundation Wall (1) Insulation applied to the interior of a foundation walls enclosing heated space shall extend from the underside of the subfloor to not less than 600 mm below the adjacent exterior ground level. 9.38.4.Glazing
9.38.4.1. Thermal Resistance of Glazing (1) Except as provided in Articles 9.38.4.2. and 9.38.4.4., all glazing that separates heated space from unheated space or the exterior shall have a thermal resistance of at least 0.30 m2°C/W.
9.38.4.2. Enclosed Unheated Space (1) Where an enclosed unheated space, such as a sun porch, enclosed veranda or vestibule, is separated from a heated space by glazing, the unheated enclosure may be considered to provide thermal resistance of 0.16 m2°C/W, or the equivalent of one layer of glazing.
9.38.4.3. Maximum Area of Glazing (1) Except as provided in Articles 9.38.4.4. and 9.38.4.5., the total area of glazing, including glazing for doors and skylights, that separates heated space from unheated space or the exterior shall not exceed 20 per cent of the floor area of the storey served by the glazed areas and shall not exceed 40 per cent of the total area of the walls of that storey separating heated space from unheated space or the exterior. (In the case of a sloping wall, the area of the opaque portion of the wall is calculated as its projected area on a vertical plane.)
9.38.4.4. Different Thermal Resistance of Glazing (1) Where the thermal resistance of glazing is different from that required in Articles 9.38.4.1. and 9.38.4.2., the area of such glazing for the purpose of applying Article 9.38.4.3. may be assumed as being equal to the actual area multiplied by the ratio of the required thermal resistance divided by the actual thermal resistance of the glazing.
9.38.4.5. Clear Glass or Shading Coefficient (1) Except as provided in Article 9.38.4.6., the area of glazing that contains clear glass or that has a shading coefficient of more than 0.70 that is unshaded in the winter and faces a direction within 45° of due South may be assumed to be 50 per cent of its unshaded area in calculating the maximum area of glazing in Articles 9.38.4.3. and 9.38.4.4. provided the building is designed with a system that is capable of distributing the solar heat gain from such glazed areas throughout the building.  For the purpose of determining whether or not the glazing is shaded in the winter, the shading shall be calculated using the noon sun angles of December 21.
9.38.4.6. Building Designed to be Cooled (1) Article 9.38.4.5. shall not apply where the building is designed to be cooled unless the glazing described in 9.38.4.5. is shaded in the summer with exterior devices. For the purpose of determining whether or not the glazing is shaded in the summer, the shading shall be calculated using the noon sun angles of June 21. 9.38.5.Doors and Windows
9.38.5.1. Air Curtains (1) Air curtains shall not be used in place of exterior doors.
9.38.5.2. Infiltration around Doors (1) Except for doors used primarily to facilitate the movement of vehicles or handling of material, infiltration around doors shall conform to the appropriate requirements in Subsection 9.38.6.
9.38.5.3. Minimum Thermal Resistance of Doors (1) Except for doors on enclosed unheated vestibules, all doors separating heated space from the outside shall conform to the appropriate requirements of Article 9.25.2.1.
9.38.5.4. Minimum Thermal Resistance of Windows (1) Windows shall conform to the appropriate requirements of Article 9.25.2.1. (2) When electric space heating is used, all sliding glass doors separating heated space from unheated space or the outdoors shall have an energy rating of not less than -13 ER. (3) When electric space heating is used, all glazing that separates heated space from unheated space or the outdoors shall have an energy rating of not less than -13 ER for openable windows and 0 ER for fixed glazing. (4) The energy rating required in Sentences (2) and (3) shall be determined in conformance with CAN/CSA-A440.2-M, “Energy Performance Evaluation of Windows and Sliding Glass Doors”. 9.38.6.Infiltration
9.38.6.1. Air Infiltration of Exterior Windows (1) Windows separating heated space from unheated space or the exterior shall be designed to limit the rate of air infiltration to not more than 0.775 dm3/s for each metre of sash crack when tested at pressure differential of 75 Pa in conformance with ASTM E283, “Standard Method of Test for Rate of Air Leakage through Exterior Windows, Curtain Walls and Doors”.
9.38.6.2. Air Infiltration of Exterior Sliding Glass Doors (1) Manually operated exterior sliding glass door assemblies that separate heated space from unheated space or the exterior shall be designed to limit air infiltration to not more than 2.5 dm3/s for each square metre of door area when tested in conformance with Article 9.38.6.1.
9.38.6.3. Air Infiltration of Exterior Swing Type Doors (1) Except where the door is weather-stripped on all edges and protected with a storm door or by an enclosed unheated space, exterior swing type door assemblies for dwelling units, individually rented hotel and motel rooms and suites shall be designed to limit the rate of air infiltration to not more than 6.35 dm3/s for each square metre of door area when tested in conformance with Article 9.38.6.1.
9.38.6.4. Air Infiltration of Other Doors (1) Door assemblies other than those described in Articles 9.38.6.2. and 9.38.6.3. that separate heated space from unheated space or the exterior shall be designed to limit the rate of air infiltration to not more than 17.0 dm3/s for each metre of door crack when tested in conformance with Article 9.38.6.1.
9.38.6.5. Caulking Materials (1) Caulking material to reduce air infiltration shall conform to the requirements in Subsection 9.27.4.
9.38.6.6. Sealing of Joints to Prevent Air Leakage (1) The junction between the sill plate and the foundation, joints between exterior wall panels and any other location where there is a possibility of air leakage into heated spaces in a building through the exterior walls, such as at utility service entrances, shall be caulked, gasketed or sealed to restrict such air leakage.
9.38.6.7. Air Leakage (1) Air leakage between heated space and adjacent roof or attic space caused by the penetration of services shall be restricted in conformance with the requirements of Subsection 9.25.3. 9.38.7.Ventilation
9.38.7.1. Minimum Ventilation Rate (1) Fresh air for the ventilation of rooms and spaces in buildings of residential occupancy shall be provided at a rate of at least 0.3 air change per hour by a combination of natural and mechanical ventilation. Section 9.39.Park Model Trailers 9.39.1.Scope
9.39.1.1. Application (1) This Section applies to manufactured buildings designed and constructed in conformance with CAN/CSA-Z241 Series-M, “Park Model Trailers” and used or intended to be used as a seasonal recreational building of residential occupancy. 9.39.2. General
9.39.2.1. General (1) Except as provided in Subsection 9.39.3., a manufactured building used or intended to be used as a seasonal recreational building of residential occupancy is deemed to comply with this Code if it is designed and constructed in conformance with CAN/CSA-Z241 Series-M, “Park Model Trailers”. 9.39.3. Requirements
9.39.3.1. Other Building Components (1) The requirements of this Code shall apply to building components designed and constructed outside the place of manufacture of a building described in Article 9.39.1.1.
9.39.3.2. Spatial Separation (1) Buildings described in Article 9.39.1.1. shall comply with Section 9.10 where the building is (a) used or intended to be used for seasonal tourist accommodation, or (b) leased or intended to be leased.
9.39.3.3. Foundations and Anchorage (1) Buildings described in Article 9.39.1.1. shall be supported and anchored in conformance with the manufacturer’s installation instructions.
9.39.3.4. Proximity to Above Ground Electrical Conductors (1) Buildings described in Article 9.39.1.1. shall comply with Article 9.1.1.5. Section 9.40. Construction of Farm Buildings 9.40.1. Scope
9.40.1.1. Application (1) This Section applies to farm buildings of low human occupancy.
9.40.1.2. Construction Requirements (1) The construction of farm buildings of low human occupancy shall, subject to Article 2.1.1.5., conform to the requirements of this Part except as provided in this Section. 9.40.2.Lumber
9.40.2.1. Lumber Requirements (1) Except as permitted by Article 9.40.2.2., lumber shall conform to appropriate requirements in Subsection 9.3.2.
9.40.2.2. Ungraded Lumber (1) Ungraded lumber may be used for wood posts, joists, rafters, lintels, beams and wall studs in a farm building of low human occupancy of not more than one storey in building height. 9.40.3.Structural Requirements
9.40.3.1. Structural Design (1) Except as provided in Articles 9.40.3.2. to 9.40.3.4., wood posts, joists, rafters, lintels, beams and wall studs shall be designed in conformance with Section 9.4.
9.40.3.2. Posts (1) In a farm building of low human occupancy, the size of wood posts shall conform to Tables 9.40.3.2.A. to 9.40.3.2.J. for the loads shown in the Tables.
9.40.3.3. Spans (1) In a farm building of low human occupancy, the spans of wood joists, rafters, lintels and beams shall conform to the spans shown in Tables 9.40.3.3.K. to 9.40.3.3.T. for the loads shown in the Tables.
9.41.1.1. Application  (1) This Section applies where proposed construction in respect of an existing building will result in 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 2.4.1.1., (b) a suite of a Group C major occupancy is converted into more than one suite of Group C major occupancy, (c) a farm building or part of a farm building is changed to a major occupancy, or (d) 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) 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 (d) 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 the Code as they apply to the proposed construction. 9.41.2. Additional Construction
9.41.2.1. Change of Use and Compensating Construction (1) Where proposed construction will result in a change of use described in Clauses 9.41.1.1.(1)(a) to (d), additional construction shall be required in order that the building or part of a building subject to the change of use conforms to the requirements of Section 9.5. and 9.7., Subsection 9.10.16., Sections 9.31. and 9.32., and Subsections 9.34.1., 9.34.2. and 9.34.3. as they apply to the new major occupancy that the building or part of a building is to support. (2) For the purposes of this Article, existing buildings shall be classified as to their construction and occupancy as provided for in Sentence 11.2.1.1.(1).
10.1.1.1. Scope (1) The scope of this Part shall be as described in Section 2.1.
10.1.1.2. Change in Major Occupancy (1) The following changes of use shall also be 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 Group C major occupancy, (a.1) 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 premise, (b) a farm building or part of a farm building is changed to a major occupancy, and (c) 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.
10.1.1.3. Definitions (1) In this Part, the following words and terms have the meaning that they are given in Article 11.1.1.2.: Building system Section 10.2.Classification of Existing Buildings 10.2.1.Classification
10.2.1.1. Classification of Major Occupancy (1) Every existing building or part thereof shall be classified according to its major occupancy in accordance with the requirements of Subsection 3.1.2.
10.2.1.2. Classification According to Construction and Occupancy (1) For the purposes of this Part, existing buildings shall be classified as to their construction and occupancy as provided for in Sentence 11.2.1.1.(1).
10.2.1.3. Building Size and Construction (1) The requirements of Articles 3.2.2.20. to 3.2.2.83. do not apply to this Part. Section 10.3.Requirements 10.3.1.General
10.3.1.1. General (1) Except as provided in Section 10.4., a building or part of a building subject to a change of major occupancy shall conform to the requirements of Subsection 3.2.6., Sections 3.7., 3.11., 3.11A., 9.5. and 9.7., Subsection 9.10.16., Sections 9.31. and 9.32., and Subsections 9.34.1., 9.34.2. and 9.34.3. as they apply to the new major occupancy that the building or part of a building is to support. 10.3.2.Performance Level
10.3.2.1. General (1) The performance level of a building after the change of major occupancy shall not be less than the performance level prior to the change of major occupancy. (2) For the purposes of Sentence (1), reduction of performance level shall be determined in accordance with Article 10.3.2.2.
10.4.1.1. Substitution (1) Except as provided in Sentence (3), a compliance alternative to a requirement contained in Part 3, 4, 5, 6 or 7 which is shown in Tables 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 the requirement 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) Except as provided in Sentence (3), a compliance alternative to a requirement contained in Part 9 shown in Tables 11.5.1.1.C., 11.5.1.1.D/E. or 11.5.1.1.F. may be substituted for the requirement without satisfying the chief building official that the requirement is impracticable. (3) Where the building has been in existence for less than five years, compliance alternatives may only be used in respect of requirements of the Code which are referenced in Sentences 10.3.2.2.(3), (5) and Table 10.3.2.2.B. 10.4.2.Alternative Measures
10.4.2.1. Substitution (1) Except as permitted in Sentence (2), an alternative measure to (a) a requirement of Part 3, 4, 5, 6, 7 or 9 of the Code, or (b) a compliance alternative, may be substituted for the requirement or the compliance alternative, as the case may be, where the chief building official is satisfied that compliance with the requirement or the compliance alternative, as the case may be, is impracticable because (c) of structural or construction difficulties, or (d) it is detrimental to the preservation of a heritage building. (2) Where the building has been in existence for less than five years, alternative measures may only be used in respect of requirements of the Code which are referenced in Sentence 10.3.2.2.(3), (5) and Table 10.3.2.2.B. O. Reg. 403/97, Part 10; O. Reg. 22/98, s. 32; O. Reg. 205/00, ss. 5, 6. PART 11   RENOVATION  Section

11.1.

General


 

11.1.1.

Scope


 

11.1.2.

Application


 

 

 


Section

11.2.

Classification of Existing Buildings


 

11.2.1.

Classification


 

 

 


Section

11.3.

Proposed Construction


 

11.3.1.

New and Existing Building Systems


 

11.3.2.

Extension of Buildings


 

11.3.3.

Renovation


 

11.3.4.

Plumbing


 

 

 


Section

11.4.

Performance Level Evaluation and Compensating Construction


 

11.4.1.

General


 

11.4.2.

Reduction in Performance Level


 

11.4.3.

Compensating Construction


 

 

 


Section

11.5.

Compliance Alternatives and Alternative Measures


 

11.5.1.

Compliance Alternatives


 

11.5.2.

Alternative Measures PART 11   RENOVATION Section 11.1.General 11.1.1.Scope
11.1.1.1. Scope (1) The scope of this Part shall be as described in Section 2.1.
11.1.1.2. Definitions  (1) In this Part Building system means a combination of elements or components that form a complete major division of construction in the design of a building or part of a building, including a structural or framing system, a waterproofing system, a drainage system, an exterior cladding system, a roofing system, a window system, a partition system, a corridor system, a stair system, a fire alarm and detection system, a sprinkler system or a heating, ventilation or air conditioning system, a foundation system, a standpipe and hose system, a flooring system, a plumbing system, a sewage system or an electrical system. 11.1.2.Application
11.1.2.1. Extension, Material Alteration or Repair (1) Where an existing building is subject to extension, material alteration or repair (a) the proposed construction shall comply with Section 11.3., and (b) the performance level of the building shall be evaluated and compensating construction shall be undertaken in accordance with Section 11.4. Section 11.2.Classification of Existing Buildings 11.2.1.Classification
11.2.1.1. Construction Index and Hazard Index (1) The proposed construction will result in the change of major occupancy of all or part of an existing building to another major occupancy, the building shall be classified as to its (a) construction on the basis of construction index as provided for in this Part including Table 11.2.1.1.A., and (b) occupancy on the basis of hazard index as provided for in this Part including Tables 11.2.1.1.B. to 11.2.1.1.N. (2) Small or medium sized existing buildings as determined in Tables 11.2.1.1.B. to 11.2.1.1.N. facing multiple streets may be assigned a hazard index credit of 1, which may be subtracted from the hazard index of the proposed major occupancy to reduce the additional upgrading required by Table 11.4.3.4.A. provided (a) the building does not contain a Group B, Division 1; a Group C, or a Group F, Division 1 occupancy, and (b) fire fighting access complying with Articles 3.2.5.1., 3.2.5.2., 3.2.5.3., 3.2.5.4. and 3.2.5.5. or Subsection 9.10.19., or an approved alternative measure, is provided from all streets. (3) The requirements of Articles 3.2.2.20. to 3.2.2.83. do not apply to this Part.
11.2.1.2. Multiple Occupancies (1) The classification of an existing building of multiple occupancy under Article 11.2.1.1. shall be applied according to Articles 3.2.2.5. to 3.2.2.8.
11.2.1.3. Prohibition of Occupancy Combinations (1) Nothing in this Part relieves an applicant from complying with the requirements of Articles 3.1.3.2. or 9.10.9.12. Section 11.3.Proposed Construction 11.3.1.New and Existing Building Systems
11.3.1.1. Material Alteration or Repair of a Building System (1) Where an existing building system is materially altered or repaired, the performance level of the building after the material alteration or repair shall be at least equal to the performance level of the building prior to the material alteration or repair.
11.3.1.2. New Building Systems and Extension of Existing Building Systems (1) Except as provided in Article 11.3.3.1. and Section 11.5., the design and construction of a new building system or the extension of an existing building system, shall comply with all other Parts of the Code. 11.3.2.Extension of Buildings
11.3.2.1. Portion of Extended Buildings (1) Where an existing building is extended (a) this Part applies to the existing portion of the building, and (b) the extended portion of the building shall comply with all other Parts of the Code. 11.3.3.Renovation
11.3.3.1. Basic Renovation (1) Except as provided in Sentence (2) and Article 11.3.3.2., construction may be carried out to maintain the existing performance level of all or part of an existing building, by the reuse, relocation or extension of the same or similar materials or components, to retain the existing character, structural uniqueness, heritage value, or aesthetic appearance of all or part of the building if, the construction will not adversely affect the early warning and evacuation systems, fire separations, the structural adequacy or create an unhealthy environment in the building. (2) Construction in respect of a hotel may only be carried out in accordance with Sentence (1) provided that the construction will be in conformance with Part 9 of the Ontario Fire Code made under the Fire Marshals Act.
11.3.3.2. Extensive Renovation (1) Except as provided in Subsection 11.5.2., where existing interior walls or ceilings or floor assemblies or roof assemblies are substantially removed in an existing building and new interior walls, ceilings, or floor assemblies are installed in the building, structural and fire-resistance elements shall be constructed in compliance with the requirements of the other Parts of the Code. 11.3.4.Plumbing
11.3.4.1. Existing Plumbing System (1) Notwithstanding Subsections 11.3.1., 11.3.2., 11.3.3., where an existing plumbing system is extended or subject to material alteration or repair, the construction of plumbing shall comply with Part 7. Section 11.4. Performance Level Evaluation and Compensating Construction 11.4.1.General
11.4.1.1. Performance Level (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 Subsection 11.4.2. (3) Where the proposed construction would reduce the performance level of an existing building, compensating construction shall be required in conformance with Subsection 11.4.3. 11.4.2.Reduction in Performance Level
11.4.2.1. Structural (1) The performance level of an existing building is reduced where after proposed construction in all or part of an existing building (a) the major occupancy will change to a different major occupancy, (b) the occupant load will increase by more than 15%, or (c) the live load will increase due to change in use within the same major occupancy, and the existing structural floor and roof framing systems and their supporting members after the construction are not adequate to support the proposed dead loads and live loads.
11.4.2.2. Increase in Occupant Load (1) Except as required in Sentences 11.4.2.5.(2) and (3), the performance level of an existing building is reduced where the proposed construction will increase the occupant load of an existing building by more than 15 per cent. (2) The performance level of an existing building is reduced where proposed construction will increase the occupant load by 15% or less and the new occupant load will be more than 15% above the occupant load for which a fire alarm system is required under Sentence 3.2.4.1.(2). (3) The performance level of an existing building is reduced where proposed construction will increase the occupant load by 15% or less and the new occupant load will be more than 15% above the existing exit capacity as required under Article 3.4.3.4.
11.4.2.3. Change of Major Occupancy (1) Except as required 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, (b.1) 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 premise, (c) the change of a farm building or part of a farm building to a major occupancy, or (d) 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) For the purposes of this Article and Sentences 11.4.2.1.(1) and 11.4.2.5.(4), the changes of use set out in Clauses (1)(b) to (d) shall also be deemed to constitute a change in major occupancy. (3) The performance level of an existing building is reduced where the early warning and evacuation systems requirements of other Parts of the Code for the proposed major occupancy exceed those of the existing building. (4) The performance level of an existing building is reduced where the proposed major occupancy in the building is not separated from the adjoining major occupancies by fire separations having fire-resistance ratings conforming to Tables 3.1.3.1. and 11.4.3.4.B. (5) The performance level of an existing building is reduced where the occupancy of all or part of an existing building of combustible construction is changed to a new major occupancy that would require the building, if it were a new building, to be constructed of noncombustible construction.
11.4.2.4. Plumbing (1) The performance level of an existing building is reduced where the existing building is extended or subject to material alteration or repair, and plumbing in the existing building is adversely affected by the extension, alteration or repair.
11.4.2.5. Sewage Systems (1) The performance level of an existing building is reduced where the existing building is extended or subject to material alteration or repair and a sewage system serving the existing building is adversely affected by the extension, alteration or repair of the existing building. (2) Except as provided in Sentence (3), the performance level of an existing building is reduced where proposed construction will increase the occupant load of an existing building, and the new occupant load will result in the total daily design sanitary sewage flow of the building, calculated in accordance with Article 8.2.1.3., exceeding the capacity of any component of a sewage system serving the building. (3) The performance level of an existing dwelling unit is reduced where proposed construction which (a) increases the number of bedrooms in the dwelling unit, (b) exceeds 15 per cent of the finished area of the dwelling unit, or (c) adds new plumbing fixtures to the dwelling unit, will result in the total daily design sanitary sewage flow of the dwelling unit, calculated in accordance with Article 8.2.1.3., exceeding the capacity of any component of a sewage system serving the dwelling unit. (4) The performance level of an existing building is reduced where proposed construction will result in the change of a major occupancy of all or part of the existing building to another major occupancy and (a) the total daily design sanitary sewage flow of the proposed major occupancy, calculated in accordance with Article 8.2.1.3., exceeds the capacity of any component of a sewage system serving the building, or (b) the type or amount of sanitary sewage which will, under the proposed major occupancy, be discharged to a sewage system serving the building, is prohibited by Article 8.1.3.1. 11.4.3.Compensating Construction
11.4.3.1. General (1) Where the performance level of an existing building is reduced under Subsection 11.4.2., compensating construction shall be carried out in accordance with this Subsection. (2) Except as provided in Sentence (3) compensating construction required under this Subsection applies to the part of the building being altered and shall include (a) fire separations, with the required fire-resistance ratings, separating the part being altered from the floor areas immediately above and below and from the immediate adjacent areas, and (b) access to exits and exits from the building, where the alteration adversely affects the exit system of the building. (3) Compensating construction required under this Subsection applies to the existing building systems that are adversely affected by the proposed construction.
11.4.3.2. Structural (1) Where the performance level of an existing building is reduced under Sentence 11.4.2.1.(1) (a) remedial measures shall be taken to support the proposed loads, or (b) the portion of the floor affected by the proposed loads shall be restricted to the loading it will support and signs stating the restrictions shall be posted.
11.4.3.3. Increase in Occupant Load (1) Where the performance level of an existing building is reduced under Sentences 11.4.2.2.(1), (2) or (3) the building shall be evaluated, and the early warning and evacuation systems shall be upgraded, in conformance with the applicable requirements of Table 11.4.3.3. (2) Sentence (1) does not apply in a Group C occupancy where the new total occupant load is (a) 14 persons or less in a boarding, lodging or rooming house, except that where the occupant load is between 10 and 15 persons, an interconnected system of smoke alarms in corridors near stairways is required, or (b) 16 persons or less in a building containing residential suites which are dwelling units, except that where the occupant load is between 10 and 17 persons, an interconnected system of smoke alarms in corridors near stairways is required. (3) Where the performance level of an existing building is reduced under Sentence 11.4.2.2.(1), additional construction shall be required in order that the building or part of the building subject to the increase in occupant load conforms to the requirements of Articles 3.7.4.2. and 9.31.1.1.
11.4.3.4. Change in Major Occupancy (1) Where the performance level of an existing building is reduced under Sentence 11.4.2.3.(1), additional upgrading shall be required in conformance with Table 11.4.3.4.A. and so that the construction index of the building is increased to at least equal the hazard index of the new major occupancy that the building is to support. (2) Where the performance level of an existing building is reduced under Sentence 11.4.2.3.(1), additional construction shall be required in order that the building or part of the building subject to change of major occupancy conforms to the requirements of Subsection 3.2.6., Sections 3.7., 3.11, 3.11A., 9.5., and 9.7., Subsections 9.10.16., Sections 9.31. and 9.32., and Subsections 9.34.1., 9.34.2., and 9.34.3. as they apply to the new major occupancy that the building or part of the building is to support. (3) Where the performance level of an existing building is reduced under Sentence 11.4.2.3.(3), the building shall be evaluated, and the early warning and evacuation systems shall be upgraded, in conformance with the applicable requirements of Table 11.4.3.3. (4) Where the performance level of an existing building is reduced under Sentence 11.4.2.3.(4), upgrading of those systems shall be required in conformance with the applicable requirements of Article 3.1.3.1. and Table 11.4.3.4.B. (5) Where the performance level is reduced under Sentence 11.4.2.3.(5) the requirement for noncombustible construction is satisfied if the building is sprinklered.
11.4.3.5. Plumbing (1) Where the performance level of an existing building is reduced under Sentence 11.4.2.4.(1), upgrading of plumbing in the existing building which is adversely affected by the extension, alteration or repair shall be required in conformance with Part 7.
11.4.3.6. Sewage Systems (1) Where the performance level of an existing building is reduced under Article 11.4.2.5., upgrading of a sewage system which is adversely affected by the construction, increase in occupant load, increase in the total daily design sanitary sewage flow or change in amount or type of sanitary sewage shall be required in conformance with Part 8. Section 11.5.Compliance Alternatives and Alternative Measures 11.5.1.Compliance Alternatives
11.5.1.1. Compliance Alternatives (1) A compliance alternative shown in Tables 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, 5, 6, 7 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 Tables 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 without satisfying the chief building official that compliance with the requirement is impracticable. 11.5.2.Alternative Measures
12.1.1.1. Continuation of Regulation 61 of R.R.O. 1990 (1) Notwithstanding the revocation of Regulation 61 of the Revised Regulations of Ontario, 1990, that Regulation continues in force in respect of construction (a) for which a permit has been issued before April 6, 1998, or (b) for which the working drawings, plans and specifications are substantially completed before April 6 , 1998, and for which an application for a permit under Regulation 61 of the Revised Regulations of Ontario, 1990 is made before July 6, 1998 on condition that the construction is commenced within six months after the permit is issued. 12.1.2.Sewage Systems, Transition Rules
12.1.2.1. Construction of Sewage Systems (1) Sections 74 to 79, 81, 82.1, 83 and 176 (6) of the Environmental Protection Act, as they read on April 5, 1998, continue to apply in respect of construction of a sewage system (a) for which a certificate of approval was issued under section 77 of the Environmental Protection Act before April 6, 1998, and (b) for which a permit under section 78 of the Environmental Protection Act was not issued before April 6, 1998 provided the construction of the sewage system has commenced by October 5, 1998. (2) Where an agreement under clause 4(1)(j) or section 81 of the Environmental Protection Act was in force on April 5, 1998 and a certificate of approval for a sewage system referred to in clause (1)(a) was issued by the party administering Part VIII of the Environmental Protection Act under the agreement, the agreement shall continue in force, and shall not be terminated, until such time as a permit under section 78 of the Environmental Protection Act is issued in respect of the sewage system.
12.1.2.2. Orders (1) Where an order issued under section 79 of the Environmental Protection Act has not been complied with before April 6, 1998, sections 74 to 79, 81, 82.1, 83 and 176(6) of the Environmental Protection Act, as they read on April 5, 1998, continue to apply to the sewage system until the order has been complied with. (2) Where an agreement under clause 4(1)(j) or section 81 of the Environmental Protection Act was in force on April 5, 1998 and an order referred to in Sentence (1) was issued by the party administering Part VIII of the Environmental Protection Act under the agreement, the agreement shall continue in force according to its terms, and shall not be terminated, until such time as the order referred to in Sentence (1) has been complied with.
12.1.2.3. Appeals (1) Where an appeal has been made under section 139 of the Environmental Protection Act to the Environmental Appeal Board before April 6, 1998 in respect of a decision of a director made under Part VIII of that Act, that Act, as it read on April 5, 1998, continues to apply in respect of all proceedings related to the appeal. (2) Where an agreement under clause 4(1)(j) or section 81 of the Environmental Protection Act was in force on April 5, 1998 and the party administering Part VIII of the Environmental Protection Act under the agreement is a party to an appeal referred to in sentence (1), the agreement shall continue in force according to its terms, and shall not be terminated, until such time as the appeal referred to in Sentence (1) has been determined.
12.1.2.4. Records (1) In this Article Enforcement entity means the municipality, county, board of health, conservation authority or Ontario, as the case may be, that has responsibility under sections 3 or 3.1 of the Act or, where an agreement under sections 3, 5 or 32.1 of the Act is in place under such agreement, for the enforcement of the provisions of the Act or this Code related to sewage systems. (2) The Ministry of the Environment or, if an agreement under clause 4(1)(j) or section 81 of the Environmental Protection Act was in force on April 5, 1998, the party that was administering Part VIII of the Environmental Protection Act under the agreement, shall (a) keep all records in their possession or under their control with respect to sewage systems for a period of six years or as otherwise directed by the director, (b) on the written request of the chief building official of the enforcement entity, deliver to the enforcement entity a certified copy of a record relating to Part VIII of the Environmental Protection Act with respect to sewage systems as specified in the request, (c) on the written request of the chief building official of the enforcement entity, deliver to the enforcement entity a certificate as to the service of any document relating to Part VIII of the Environmental Protection Act with respect to sewage systems as specified in the request, (d) on the written request of the chief building official of the enforcement entity, deliver to the enforcement entity, a certificate as to the custody of any document relating to Part VIII of the Environmental Protection Act with respect to sewage systems as specified in the request, and (e) on the written request of the chief building official of the enforcement entity, deliver to the enforcement entity, a certificate as to whether or not any document relating to Part VIII of the Environmental Protection Act with respect to sewage systems as specified in the request was received or issued. (3) Section 37 of the Act applies to (a) a direction or order or a certified copy of a direction or order delivered under Clause (2)(b) or (c) that is or relates to a direction or order under Part VIII of the Environmental Protection Act, and (b) a statement as to any matter of record in the office of an enforcement entity concerning the enforcement of Part VIII of the Environmental Protection Act that was delivered to the enforcement entity under clauses 2(b) or (c), or a certificate that was delivered to the enforcement entity under clauses (2)(d) or (e). (4) If an agreement under clause 4(1)(j) or section 81 of the Environmental Protection Act was in force on April 5, 1998 and the party that was administering Part VIII of the Environmental Protection Act under the agreement is an enforcement entity, then directions, orders or statements as to any matter of record in the office of the enforcement entity relating to the enforcement of Part VIII of the Environmental Protection Act with respect to sewage systems shall be deemed to have been made under this Act for the purposes of section 37 of the Act. 12.1.3. Transition, July 2001
12.1.3.1. Transition Rule (1) Subject to Sentence (2), this Code as it reads on August 5, 2001 is deemed to continue in force with respect to construction (a) for which a permit is issued before August 6, 2001, or (b) for which the working drawings, plans and specifications are substantially completed before August 6, 2001 and for which an application for a permit is made before November 5, 2001 under this Code as it reads on August 5, 2001. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued. 12.1.4. Transition August, 2002
12.1.4.1. Transitional Rule (1) Subject to Sentence (2), the row of Table 2.6.3.2. that refers to Document CAN/CSA B66-M90, “Prefabricated Septic Tanks and Sewage Holding Tanks”, and Articles 8.2.2.2. and 8.2.2.3. as they read on August 3, 2002 shall be deemed to continue in force with respect to construction (a) for which a permit is issued before August 4, 2002, or (b) for which the working drawings, plans and specifications are substantially completed before August 4, 2002, and for which an application for a permit is made before November 3, 2002. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued. (3) The row of Table 2.6.3.2. that refers to Document CSA B66-00, “Prefabricated Septic Tanks and Sewage Holding Tanks”, does not apply to construction to which Sentence (1) applies. 12.1.5. Transition, September 2004
12.1.5.1. Transitional Rule (1) Subject to Sentence (2), this Code as it reads on August 31, 2004 is deemed to continue in force with respect to construction (a) for which a permit is issued before September 1, 2004, or (b) for which the working drawings, plans and specifications are substantially completed before September 1, 2004 and for which an application for a permit is made before December 1, 2004 under this Code as it reads on August 31, 2004. (2) Sentence (1) does not apply unless the construction is commenced within six months after the permit is issued.
12.2. Omitted (revokes other Regulations).
12.3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 403/97, Part 12; O. Reg. 22/98, ss. 37, 38; O. Reg. 283/01, s. 7; O. Reg. 220/02, ss. 12-14; O. Reg. 23/04, s. 6.