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Opinions & Applications for the Fire Code (1997 edition) (revoked November 21, 2007)

9.5.1.1. APPLICATION

9.5.1.1. "(1) This Section applies to buildings up to and including six storeys in building height with residential occupancies and containing

(a) more than two dwelling units, where

(i) at least two dwelling units share common exit facilities and have interior access to one another,

(ii) there is at least one dwelling unit located above another with interior access to one another, or

(iii) there is at least one dwelling unit located above another and the dwelling units share common exit facilities,

(b) sleeping accommodation for more than ten persons, in one or more dormitories,

(c) boarding, lodging or rooming accommodation for more than three persons where Sections 9.3 and 9.4 do not apply, or

(d) one or two dwelling units in combination with boarding, lodging or rooming accommodation for two or three persons, excluding the operator's residence.

(2) Despite Sentence (1), if the building contains other occupancies, this Section does not apply to fire safety systems, devices and structural elements of the other occupancies that do not affect the life safety of the residential occupancy.

(3) If a building contains areas that are governed by this Section and by another Section in this Part, the fire safety systems, devices and structural elements applicable to those areas shall comply with the requirements of this Section and the other Section that provide that greatest protection for life safety."

Intent:

This Section applies to a building containing a residential occupancy that is not greater than 6 storeys in building height and is generally referred to as the low rise residential section. It applies to buildings having at least three dwelling units where fire and smoke spread between units is possible, and to boarding, lodging or rooming accommodation facilities not covered by Sections 9.3 or 9.4 of the Fire Code, and to locations having sleeping accomodation for more than ten persons, in one or more dormitories.

Although the regulation applies to all existing buildings, the requirements were based largely on the 1975 Ontario Building Code and should not have a significant impact on buildings constructed after 1975, provided they continue to be in compliance with the Building Code. Likely, the only requirement that may need to be addressed for post-1975 buildings is the provision of single station smoke alarms within each dwelling unit, or each sleeping room not within a dwelling unit. Required upgrading is generally limited to the residential portion of the building and any fire safety systems, devices and structural elements that affect the safety of the residential occupancy.

Other Resources:

OFC Sections 9.3 and 9.4; Part 3 of the 1975 OBC

Application:

Q1 Does Section 9.5 apply to one and two storey, multi-tenant residential buildings described as follows?

A1 There are up to twenty dwelling units located on either side of a central access corridor. Although each dwelling unit has a door that leads directly to the exterior, the centre corridor provides the primary means of entrance to and egress from individual dwelling units. This corridor also provides access to laundry, electrical and storage rooms. There are hollow core wooden doors between the suites and the common corridor, as well as between the laundry, electrical and/or storage rooms and the common corridor.

Where the building is arranged such that the centre corridor provides interior access and also serves as the access to exit from the dwelling units, retrofit applies.

However, in this case each dwelling unit has a door that leads directly to the exterior. Where the owner designates these doors as the exit facility from each dwelling unit and they meet the requirements for an exit, the centre corridor need only be considered as providing interior access (but not common exiting). In this case, retrofit does not apply to the building because the designated exit facility for each dwelling unit is not affected by fire originating in another part of the building.

Q2 Do group homes whose residents may or may not require constant supervision and/or medical care fall under the 9.5 Retrofit provisions of the Ontario Fire Code or another piece of legislation?

Further, would the number of residents and/or their "level of functioning" dictate what legislation they would fall under?

A2 All group homes that are not already regulated by Section 9.3 or Section 9.4 are required to comply with Section 9.5. Section 9.5 applies to all lowrise residential facilities providing rooming accommodation for more than 3 persons. This includes "Group Homes" regulated by the Ministry of Community and Social Services.

Q3 There are many group homes regulated under the umbrella of the Ministry of Community and Social Services. They are regulated by various Acts which include the Development Services Act, Child and Family Services Act and Homes for Retarded Persons Act. Are these group homes considered to be one dwelling unit, or is each bedroom a dwelling unit or suite?

A3 Whether a group home is considered a single dwelling unit or a boarding accommodation with every bedroom a separate suite is a question that can only be answered on a case by case basis. The effect of treating these small facilities as boarding accommodation required to comply with Section 9.5 would require protected corridors with rated doors equipped with self-closing devices on all bedrooms.

The definition of a dwelling unit requires the suite of rooms to be operated as a single housekeeping unit. In our opinion a group home that operates as a single housekeeping unit would be similar to a single family unit with no restriction on access throughout the building and someone responsible for fire safety is present at all times. Where there is still a concern regarding the ability of the occupants to evacuate on their own during a fire emergency a Fire Safety Plan should be developed by the owner and approved by the Chief Fire Official.

Q4 Does Section 9.5 apply to a rooming house that is in compliance with Section 9.3?

A4 No. A rooming house that is required to comply with Section 9.3 is not also subject to the requirements of Section 9.5. This assumes that there are no other occupancies in the same building.

Q5 What is the intent of "operator's residence" referred to in 9.5.1.1.(1)(d)? What is the definition, or criteria for an "operator"?

A5 The term "operator", used in Clause 9.5.1.1.(1)(d) includes only those persons responsible for the building maintenance and upkeep, including any fire safety systems and provisions. It does not include those persons whose only responsibility is to collect the rent.

Q6 How should the provisions set out in Section 9.5 be applied for an underground parking garage with respect to items such as fire alarms, exits, emergency lighting and standpipe systems?

A6 With regards to an underground parking garage, although it is part of the same building, it is also considered to be a separate occupancy from the residential portion. With reference to Sentences 9.5.1.1.(2), the Retrofit requirements need not be applied to the garage unless it can be determined that lack of these fire safety features would directly affect the life safety of the residential occupancy. An example of such a situation is an underground garage that serves as part of an access to exit from the residential occupancy. Where a serious fire safety deficiency exists, it can be remedied through issuing a Fire Marshals Order.

9.5.2.2. CONSTRUCTION--BUILDINGS UP TO THREE STOREYS

9.5.2.2. "(1) Buildings shall be in compliance with the requirements of Sentence (2), where the building is

(a) not more than one storey in building height and not greater than 1200 m2 in building area,

(b) not more than two storeys in building height and not greater than 900 m2 in building area, or

(c) not more than three storeys in building height and not greater than 600 m2 in building area.

(2) Floor assemblies and walls, columns and arches supporting floor assemblies shall have a 30-min fire-resistance rating.

(3) Where sleeping accommodation, recreation rooms, meeting rooms or hobby rooms are not provided in the basement, an existing fire separation between the first storey and basement shall be deemed to be in compliance with Sentence (2) where

(a) the basement is sprinklered, or

(b) the building contains not more than four dwelling units and provides sleeping accommodation for not more than ten persons, and

(i) interconnected smoke alarms are installed in accordance with Article 9.5.4.4.,

(ii) doors connecting the basement and first storey are in compliance with Sentence 9.5.2.8.(4), and

(iii) fire stopping of the wall space at the basement level is in accordance with Article 9.10.15.3. of the Building Code.

(4) The water supply for the sprinklers referred to in Clause (3)(a) may be taken from the domestic supply where the supply provides sufficient density for the largest fire compartment and where the supply is approved.

Intent: Smaller, lower buildings present reduced challenges for fire suppression, rescue and exiting. This results in less demanding requirements for floor fire separation ratings. This Article sets out, for buildings up to three storeys, building height and area criteria where fire separations having a 30-minute fire-resistance rating are satisfactory. This Article applies to floor assemblies, walls and columns and arches supporting floor assemblies.

An existing fire separation between a basement and floor above can be accepted under specific conditions. The risk of fire must be controlled by restricting the use of the basement (no sleeping accommodations, no meeting rooms, no recreation rooms and no hobby rooms) and providing automatic sprinkler protection in the basement. Alternatively, with the same basement occupancy restrictions but with interconnected smoke alarms, appropriate doors between the basement and the 1st floor, and proper fire stopping of the wall space at the basement level, an unrated floor separation would be acceptable as well.

Floor assemblies in buildings that are sprinklered, or are only one storey in building height and not greater than 600m2 in building area, need not have a fire-resistance rating but must still be constructed as fire separations.

Other Resources:

O.B.C. 9.10.15.3.; Commentary on Changes to the Ontario Fire Code Retrofit Sections 9.5 and 9.6

Application:

Q1 Sentence 9.5.2.2.(3) allows for an existing fire separation between the first storey and basement to be in compliance with the needed fire-resistance rating for floor assemblies where several criteria are met. One criterion in Clause (b) of the above Sentence states that the building cannot contain more than four dwelling units and provide sleeping accommodation for more than ten persons. How would this apply to an apartment building that contains 4 dwelling units, each having 2 bedrooms or more, and where the occupancy may exceed the 10 person criterion?

A1 This question focuses on the dependency of the number of dwelling units and the number of people for whom sleeping accommodation is provided in the building to determine if alternative requirements may be accepted. Although it appears that this Section requires that both of these parameters be met (i.e. number of dwelling units and number of sleeping accommodations), this is not the intent. It is intended that where a residential building has only dwelling units, such as an apartment building or a condominium, only the number of dwelling units is to be counted to determine if the alternatives are acceptable. If, on the other hand, a residential building does not have dwelling units but does have "rooms" for rent, such as a dormitory or a rooming, lodging or boarding house, then the number of people for whom sleeping accommodation is available would be the criterion used. In buildings where there is a mix of dwelling units and rooms, the number of people for whom sleeping accommodation is available should be the only criterion used. In this case, the Chief Fire Official should use all of the information that is available, and use discretion in determining the total number of people for whom sleeping accommodation is provided in the building.

Q2 In the following situation, if the required fire separation is provided between the first and second floors, would there be a requirement for a fire separation between the basement and first floor? A three storey building with a basement is occupied as follows:

Basement - retail storage, building services, etc.

First floor - retail store

Second floor - residential apartments

Third floor - residential apartments

The building area does not exceed 600 m2 and the requirements for fire separations between occupancies in Sentence 9.5.2.6.(1) [fire separation between residential occupancies and other major occupancies] that apply between the first and second floor are in compliance. The basement is used solely by the ground floor retail area for stock storage, etc. and has no connection to the residential occupancy on the second and third floors. The basement ceiling/first floor assembly is open wood joists.

A2 No. This situation may be described as a 3 storey building containing 2 separate major occupancies because if the major occupancy separation requirements of Retrofit are satisfied, the floor separation requirements would not be applicable to a floor assembly within the other major occupancy.