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Although this commentary contains comprehensive explanations and illustrations of examples relating to the application of Retrofit, Section 9.8, reference must be made to the Fire Code for actual legislated requirements.
Recent 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. The requirements for fire safety in such units are regulated under one of two provincial regulations, either the Building Code or Section 9.8 of the Fire Code.
The Building Code regulates the construction of new buildings, additions, material alterations, and changes in use within existing buildings.
Retrofit Section 9.8 of the Fire Code regulates requirements for the life safety of occupants in existing buildings. In order to ensure that a property satisfies the Retrofit provisions, mandatory upgrading of the structure and fire safety features may be necessary.
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. 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 in order to ensure that the construction will comply with the Building Code.
Retrofit Section 9.8 of the Fire Code regulates minimum provisions for fire safety in existing residential buildings which contain two existing dwelling units 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 are 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.
Section 9.1 of the Fire Code requires that each building regulated under Retrofit Section 9.8 must be brought into compliance within specified periods of time.
Clause 9.1.3.1.(1)(c) requires that smoke alarms of a type referred to in Article 9.8.4.2. be installed in each dwelling unit by August 13, 1994. This requirement will provide a nominal degree of protection for the occupants within each dwelling unit until other fire safety features can be provided where required. Article 9.8.4.3. requires that the smoke alarms be kept in operating condition.
Clause 9.1.3.1.(1)(d) requires those portions of the building which do not comply with requirements for fire separations, means of egress, and electrical safety be brought into compliance by July 14, 1996.
Where the owner finds it is not possible to complete all of the required work within the time period specified under Clause 9.1.3.1.(1)(d), the owner must apply for an "Extension of Time" or submit a "Life Safety Study" to the Chief Fire Official of the municipal fire department in which the property is located. An "Extension of Time" or "Life Safety Study" is an application submitted to the Chief Fire Official in which the owner provides details outlining the corrective measures they propose to do in the property in order to meet the requirements of Retrofit.
Article 9.1.3.2. contains provisions allowing the owner to apply to the Chief Fire Official for an additional amount of time (up to two years beyond July 14, 1996 - i.e. July 14, 1998) in which to complete the work required under this Section of Retrofit.
The request for an extension of time must be based on sound logistical or financial reasons and include a schedule for completing the required work. If refused, the owner may be advised to modify and resubmit their request. If the revised request is refused, the owner may appeal the decision to the Fire Marshal or to the Fire Code Commission. The owner's submission of appeal is subject to the provisions outlined in Sentence 9.1.3.2.(9).
A Life Safety Study is a proposal to the Chief Fire Official that consists of:
The Life Safety Study must be prepared by a professional engineer or an architect. The time schedule in an approved Life Safety Study is contingent upon the nature and the extent of the work required and not subject to the time limitations specified under Subsection 9.1.3.
Should the Chief Fire Official refuse to approve a Life Safety Study, the owner may appeal the refusal to the Fire Marshal or the Fire Code Commission. The owner's submission of appeal is subject to the provisions outlined in Sentence 9.1.4.7.(6).
Article 9.8.1.1.
Fire Code Section 9.8 contains requirements for the fire protection of the occupants living in an existing detached house, semi-detached house or row house which:
The terms "dwelling unit", "semi-detached house" and "row house" have been assigned special meanings under Sentence 9.8.1.1.(2) for the purposes of Section 9.8.
A row house referred to in this Section can include various types of attached residential structures including residential structures commonly referred to as "town houses" and "quads". This Section is not intended to apply to structures that were originally constructed and commonly referred to as "stacked row houses".
Common walls separating one semi-detached house from the other semi-detached house or situated between row houses are not permitted to have any openings which provide internal access from the living areas in one structure to an adjacent area in another structure. Generally, existing common walls subdividing these structures will not be required to be altered or upgraded under this regulation.
This subsection contains various options for confining or controlling a fire from spreading beyond the compartment of fire origin. The containment features provided under this subsection are intended to provide protection for the occupants living in a dwelling unit from a fire occurring in another portion of the building, outside of their control.
Sentence 9.8.2.1.(1) is intended to apply to the construction of a new fire separation or to the material alteration of an existing wall or floor/ceiling assembly that will serve as a required fire separation. Where construction is necessary, a fire-resistance rating can be assigned on the basis of compliance with assemblies constructed of materials specified in Article 9.10.3.1. of the Building Code, or the compliance alternatives in Part 11 of the Building Code.
Sentence 9.8.2.1.(2) requires each fire separation to be constructed as a continuous barrier against the spread of fire. The phrase "constructed as a continuous barrier" is applied to all requirements for fire separations referred to in Section 9.8. The continuity of a fire separation where it abuts against another fire separation, a floor, a ceiling or an exterior wall assembly is attained by filling all openings at the juncture of assemblies with a material that will ensure the integrity of the fire separation at that location.
Sentence 9.8.2.1.(3) contains provisions to accept existing wall and floor assemblies that have membranes consisting of lath and plaster or gypsum board in instances where a 30-minute fire-resistance rating is required by Sentence 9.8.2.2.(1) and Article 9.8.3.3. These membranes must be a continuous element in order to act as a barrier against the spread of fire.
Sentence 9.8.2.1.(4) contains provisions to accept existing wall and floor assemblies that have membranes consisting of plaster board with a plaster skim coat in instances where a 15-minute fire-resistance rating is required by Sentence 9.8.2.2.(2). Similarly, these membranes must be constructed as a continuous element. This type of membrane may be commonly found in older structures where plaster surfaces are layered over this type of material. In situations where it is obvious that the abutting joints of the plaster board are only given a skim coating of plaster, the assembly is deemed to have a 15-minute fire-resistance rating.
Existing wall and ceiling membranes can be readily identified by temporarily removing electrical cover plates or the base of ceiling light fixtures and examining the wall and ceiling surfaces in these areas.
Floor assemblies with ceiling tiles attached directly to the underside of wooden floor joists, and unlisted floor/ceiling assemblies consisting of drop ceilings with acoustical tiles or other materials suspended below wooden floor joists will generally not provide more than a 10-minute fire-resistance rating.
Sentence 9.8.2.2.(1) requires each dwelling unit to be separated from adjoining rooms and areas by a fire separation having a 30-minute fire-resistance rating or to comply with Sentences (2) or (3) of the same Article.
Sentence 9.8.2.2.(2), as an alternative to the 30-minute fire-resistance rating, permits each dwelling unit to be separated from adjoining rooms and areas by a fire separation having a 15-minute fire-resistance rating provided interconnected smoke alarms are also installed throughout the detached house, semi-detached house or row house.
Sentence 9.8.2.2.(3) permits existing non-rated fire separations which do not comply with the 30-minute or 15-minute fire-resistance ratings to remain, provided automatic sprinkler protection is installed throughout the structure.
In order to determine whether the existing walls or floor/ceiling assemblies situated between dwelling units and other rooms and areas are adequate or require upgrading, one must first identify the adjoining wall(s) and floor/ceiling assemblies that separate each dwelling unit from the adjoining dwelling unit and other areas. These walls will constitute the dwelling unit fire separation. Partition walls and floor/ceiling assemblies located within the envelope of a dwelling unit are not regulated.
Any room or area that is shared by the building occupants and is not contained within one of the dwelling units is required to be fire separated from each dwelling unit. Further, any room that is situated within a dwelling unit and is not under the control of the occupant of the dwelling unit would also be considered to be a room that is required to be fire separated from that dwelling unit. Some examples of these areas could include a shared laundry or workshop room and any corridor serving such rooms or an enclosed furnace room area that is located within a dwelling unit but is inaccessible to the occupant.
The requirements for each grade of fire separation and the alternative for sprinkler protection are outlined in the following options.
Each dwelling unit shall be separated from other rooms and areas by a fire separation consisting of walls and/or floor assemblies which have a minimum 30-minute fire-resistance rating.
Smoke Alarms
Each dwelling unit shall be fire separated from other rooms and areas by a fire separation consisting of walls and/or floor assemblies which have a minimum 15- minute fire-resistance rating.
Where this level of fire separation is provided, it is also necessary to install interconnected smoke alarms conforming to Article 9.8.4.1. throughout the detached house, semi-detached house or row house in order to notify all the occupants in the event of fire.
When this option is used, the requirements of Article 9.8.4.2. are waived since the interconnected smoke alarms will serve to provide the early warning of a fire condition.
Residential sprinkler protection may be provided throughout the detached house, semi-detached house or row house as a means of satisfying the third option. The detached house, semi-detached house or row house must be sprinklered in accordance with the standard referenced in Subsection 9.8.5. Existing fire separations between each dwelling unit, regardless of their fire-resistance rating, are acceptable as long as the wall and/or floor assemblies are constructed as a continuous barrier with the exception of ducts and doorway openings. Existing doors that provide a nominal degree of fire-resistance, such as a hollow core wood door may remain. A louvred-type door would not be acceptable, as it does not constitute a continuous barrier against fire and smoke.
Although the fire separation is not required to have a fire-resistance rating, the fire separation must act as a barrier to the spread of smoke and fire until some response is initiated. In order to attain adequate confinement of the products generated from a fire in this situation, it will be necessary to tightly seal any openings in the fire separations by caulking with mineral wool or other noncombustible material.
Article 9.8.2.3. - Alternate protection for ceilings
If a rated fire separation is required, Article 9.8.2.3. permits alternative
protection to be provided (in lieu of the required 30-minute or 15-minute
fire-resistance rating for the ceiling) in a room containing a fuel-fired
appliance provided that sprinkler protection is installed throughout the
room. The sprinklers must be designed to supply a minimum of 6.5 litres per
minute per square meter of floor area within the room. In this case, the
fire separation above the service room does not have to be assigned a
fire-resistance rating, however it must be constructed as a continuous
barrier against the spread of fire.
In instances where it is not possible to obtain the water supply specified by the Article, the Chief Fire Official may consider alternative arrangements under the provisions of Article 9.1.2.4. Alternative measures are permitted where approved, as long as the alternative provides an equivalent level of fire protection that would have been achieved by compliance with the requirement. For example, the Chief Fire Official may deem the existing water supply to be acceptable to serve a single sprinkler head where the wooden joists and subflooring exposed in the room are protected with at least 1 layer of 15.9 mm of Type X gypsum wall board wherever possible. Any remaining openings exposing the combustible structure must be caulked with mineral wool or noncombustible material. The sprinkler head must be installed in a location that will provide optimum coverage within the room, and the area of the room must not exceed 9.5 meters square.
Article 9.8.2.4. - Combustion Air
Article 9.8.2.4. requires combustion air to be provided directly from the exterior for proper combustion and safe operation of the appliance when a fuel-fired appliance is enclosed to satisfy other provisions of 9.8 and the enclosure restricts the supply of combustion air. A reputable heating contractor should be consulted to determine how much combustion air is necessary based on the demand imposed by the heating appliance which is enclosed.
Article 9.8.2.5. - Protection of Openings in Fire Separations
In situations where a fire separation is required to be assigned a fire-resistance rating in this subsection or in subsection 9.8.3., any openings in the fire separation with the exception of ducts used for heating and air conditioning, must be protected with closures (doors and self-closing devices) conforming to the Building Code, Articles 9.10.13.2. and 9.10.13.10.
Existing 45mm solid core wood, hollow metal or kalamein doors equipped with a self-closing device installed in hollow metal or solid wood frames are acceptable.
In instances where it is necessary for a new door to be installed in a required fire separation, the door must be at least 45 mm (1 3/4 in) thick of solid core wood construction conforming to "CAN4-S113, Standard Specification for Wood Core Doors Meeting the Performance Required by CAN4-S104 for Twenty Minute Fire-Rated Closure Assemblies".
This standard provides construction details to enable manufacturers to build wood core doors that will provide a 20-minute fire-protection rating without the need for testing. The standard requires each door to be marked with:
Article 9.8.3.1.
This subsection contains provisions for the escape of persons from each dwelling unit in event of fire.
Similar to the requirements for dwelling unit fire separations, there are a number of options which may be used to provide a suitable means of escape for the occupants of each dwelling unit. There are four options available. In order to satisfy the requirements of this Subsection, each dwelling unit must conform to at least one of the options outlined in the following.
Article 9.8.3.2. - OPTION #1, One Means of Escape
A dwelling unit may be served by one means of escape consisting of a door if:
Article 9.8.3.3. - OPTION #2, Shared Means of Escape
A dwelling unit shall have direct access to at least one means of escape that may be shared if:
The interior finish of walls and ceilings located in a shared means of escape which consist of unfinished or painted concrete, bricks, tiles, steel, gypsum plaster or gypsum wallboard will have a flame spread rating of less than 150. Generally, painted or unpainted lumber that is not less than 16 mm thick will have a flame spread rating of less than 150. The same materials listed above when finished with not more than one layer of cellulosic wallpaper have a flame spread rating of less than 150. For details relating to other types, thicknesses and grades of materials, consult Chapter 2, Section 3 of the "Supplement to the National Building Code of Canada".
Sentence 9.8.3.3.(2) stipulates that where the means of escape described in this option serves a dwelling unit situated entirely on the third storey, and it is necessary to enter the shared interior means of escape at the third floor level, interconnected smoke alarms conforming to Article 9.8.4.1. must be installed throughout the detached house, semi-detached house or row house for the purpose of alerting the occupants in the event of a fire.
Article 9.8.3.4. - OPTION #3, Two Means of Escape
A dwelling unit shall be served by two means of escape arranged in such a manner that:
In instances where this option is used, it is also necessary to install interconnected smoke alarms conforming to Article 9.8.4.1. throughout the detached house, semi-detached house or row house for the purpose of alerting the occupants in each dwelling unit in the event of a fire.
Article 9.8.3.5. - OPTION #4, Existing Means of Escape Acceptable With Sprinklers
An existing means of escape not conforming to one of the three options listed previously is deemed to be acceptable if sprinkler protection is installed throughout the detached house, semi-detached house or row house in conformance with Subsection 9.8.5.
Article 9.8.4.1. - Interconnected Smoke Alarms
As noted earlier, interconnected smoke alarms are required to be installed when the following options for compliance are used:
The interconnected smoke alarms are required to be installed in every storey above and below grade in each dwelling unit, and in every shared means of escape where applicable. In floor levels containing bedrooms or sleeping areas, the required smoke alarm must be installed between such bedrooms and the remainder of the dwelling unit, such as in the hallway or corridor serving such rooms or areas. The alarm must be audible in bedrooms when the intervening doors are closed.
The smoke alarms must be electrically interconnected so that the activation of any smoke alarm will sound a similar signal in each of the interconnected devices. The smoke alarms must be installed in accordance with the manufacturers' instructions and be listed for use in an interconnected installation. The power supply must be provided from an electrical circuit with no disconnect switch between the overcurrent device and the smoke alarms. The smoke alarms must be listed for use in an interconnected installation.
Article 9.8.4.2. - Smoke Alarms
Smoke alarms must be installed in each dwelling unit on every floor level containing a bedroom or sleeping area. The alarm must be audible in bedrooms when the bedroom doors are closed. Each smoke alarm must conform to the applicable CAN/ULC standards and be installed in accordance with the manufacturers' instructions.
The smoke alarm may be powered by a battery or be connected to an electrical circuit with no disconnect switch between the overcurrent device and the smoke alarm. When interconnected smoke alarms are installed to conform with Article 9.8.4.1., then the smoke alarms referred to in Article 9.8.4.2. are not required.
Article 9.8.4.3. - Maintenance of Smoke Alarms
Article 9.8.4.3. requires smoke alarms which have been installed as required by this Section to be maintained in operating condition.
The manufacturers' literature should be referred to for instructions on maintenance and testing.
Sprinklers are not mandatory, however they may be used as an option under:
The system must be designed and installed in conformance with NFPA 13D, (1991 Edition) "Standard for the Installation of Sprinkler Systems in One and Two-Family Dwellings and Mobile Homes".
In order to ensure that the electrical wiring in a property regulated under this section is safe, the owner is responsible for having a general inspection conducted by Ontario Hydro and must pay the assigned inspection fees. Any electrical hazards identified during the inspection must be repaired.
Owners should retain the letter of compliance received from Ontario Hydro
for future reference purposes. This letter must be made available to the
Chief Fire Official upon request.
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