9.8.1.1. |
"(1) This Section applies to a detached house, semi-detached
house or a row house containing 2 existing dwelling units,
where
(a) the building is 3 storeys or less in
building height, (2) For the purposes of this Section, "dwelling unit" means a room or suite of rooms operated as a
housekeeping unit that is used as a domicile by one or more persons, and
that contains cooking, eating, living, sleeping and sanitary facilities; "row house" means a residential structure which, "semi-detached house" means a residential structure which, |
|
Intent: |
The intent of this Article is to define the type of
residential structure that falls within the scope of Section 9.8.
Retrofit Section 9.8 is intended to provide protection for the occupants living in a house containing two self-contained apartments. From a fire safety perspective, the occupants living in one dwelling unit do not have control over fire hazards or hazardous activities that may be present within another dwelling unit in the same building. For these reasons, Section 9.8 requires provisions for the fire protection of the occupants living in both dwelling units. |
|
Other Resources: |
Commentary On Changes To The Ontario Fire Code Retrofit Section 9.8 (Ontario Regulation 385/94). | |
Application: |
||
| Q1: | How is the definition of "dwelling unit" in Section 9.8 unique to Section 9.8 and different from the definition given in Part 1 of the Ontario Fire Code? | |
| A1: | A "dwelling unit" defined in Section 9.8 is different for the
purpose of confining the application of the Section to a building
containing two occupied dwelling units consisting of specific features
and use. A dwelling unit regulated under Section 9.8 is different from a
dwelling unit referred to elsewhere in the Fire Code in the following
manner: (a) the dwelling unit is operated as a housekeeping unit and is used as a domicile by one or more persons (i.e. the dwelling unit must actually be occupied - intended to be used does not apply in Section 9.8); (b) the dwelling unit must contain cooking, eating, living, sleeping and sanitary facilities. The presence of these facilities and features ensures that the dwelling unit can be occupied in a self-contained manner. It is not necessary for the occupants living in one of these dwelling units used as a housekeeping unit to share any bathroom, kitchen, living or sleeping facilities. |
|
| Q2: | Would a house containing two kitchens and two full bathrooms be considered a single family dwelling if both spaces are occupied by family members (i.e., parent and offspring), each occupant has full access to the other unit, and they share common areas of the building (i.e., laundry and storage rooms)? | |
| A2: | If the family members have full access to each others unit and do
not generally use one of the kitchen facilities because they often share
meals together, then this type of arrangement could be considered a
single family dwelling. When assessing the nature of the occupancy, one
would have to determine if the apartments are operated as separate
housekeeping units.
The fire department may wish to have the owner to confirm in writing
that the building is operated as a single family dwelling. |
|
| Q3: | Would Section 9.8 apply to a building containing two apartments above a mercantile or business and personal service occupancy? | |
| A3: | No. Section 9.8 is intended to apply to residential structures,
consisting of houses, row houses and semi-detached houses. |
|
| Q4: | Would Section 9.8 apply to a building originally constructed as a residential duplex building containing two self-contained apartments, with one apartment situated above another? | |
| A4: | Yes. |
|
| Q5: | What constitutes cooking facilities? | |
| A5: | The key element to consider when assessing the presence of a second
dwelling unit in a house is whether the room or suite of rooms is
occupied and operated as a self-contained housekeeping unit. The
presence of any type of cooking appliance (stove, counter top range,
microwave, hotplate or similar appliance) could be considered cooking
facilities. Additional components such as dining facilities, food
preparation area and a refrigerator would support the opinion that the
space is used as a self-contained housekeeping unit. |
|
| Q6: | How does The Resident's Rights Act (Bill 120 of 1994) and amendments made to the Act under the Land Use Planning and Protection Act (Bill 20 of 1996) impact on the application Section 9.8? | |
| A6: | Bill 120 and amendments made to the Act under Bill 20 do not impact
on the application of Retrofit Section 9.8. |
|
| Q7: | If a house contains a basement apartment (complete with a kitchen and bathroom) but the apartment is not occupied, does Section 9.8 apply? | |
| A7: | No. The definition of dwelling unit in Section 9.8 includes the requirement that housekeeping unit be "used as a domicile". As long as the basement apartment in not occupied, Section 9.8 does not apply. The apartment would have to comply with Section 9.8 before it could be legally occupied (See also Question 1). |
|
||||||||||||||||||
