Barrie Basement Apartments Rules and Regulations

Barrie Basement Apartments Rules and Regulations

The Fire Code is a subset of the Building Code. It prescribes construction and safety issues as they relate to how the building is required to perform should it catch fire. A significant distinction with the fire code is that it can apply retroactively.

The Fire Code can be applied retroactively A new Fire Code was developed that applies to specifically to basement apartments. The code applies to all basement apartments whether existing or new. Owners must ensure that their apartment complies with the new Fire Code and must obtain a certificate of compliance.

There are usually four components of the Inspection that must be met:
1. Fire Containment or  Separation of Suites
2. Fire alarms – Units must have working smoke alarms
3. Egress – There must be safe way out for occupants.
4. Electrical – Must have ESA inspection.

By-laws are created in some municipalities to prevent basement apartments as a nuisance protection for the neighbours.

Basement Apartments – The History

After 1993, a permit was required to change a home from single family to multi-family.

In 1994, the government in Ontario said that we could ignore local bylaws that prohibited second dwelling units in houses if certain conditions were met.

In 1994, the province set new Fire Code rules for basement apartments. A deadline was established for all existing basement apartments to upgrade to the new fire code.

In 1995, the Provincial government told municipalities that they could enforce their bylaws regarding basement apartments. A grand-fathering clause says that apartments existing before November 1995 do not have to meet local bylaws.

TWO-UNIT HOUSES (SECOND SUITES) Barrie ON – Local By-law

WHAT IS A TWO-UNIT HOUSE?

A two-unit house is a building that contains two residential dwelling units. Commonly, a two-unit house starts as a single dwelling unit (detached, semidetached or townhouse) with a second dwelling unit created within the house later on. The second unit is sometimes referred to as a second suite, an inlaw suite or a basement apartment. Duplexes & semi-detached units located on the same property are also considered as two-unit houses.

Effective January 1, 2004 the City of Barrie requires every two-unit house within the city to be registered. As part of the registration process, the City will confirm that the two-unit house is legal under the City’s Zoning By-law, and that the house complies with several health and safety regulations.

WHY DO TWO_UNIT HOUSES NEED TO BE REGISTERED?

There are probably a couple thousand two-unit houses in the city. Concerned that many of these units may be illegal and/or unsafe for the occupants, the City of Barrie has adopted a by-law to require every two-unit house to be registered. Through the registration process the house will be inspected to confirm compliance with the Zoning By-law, the Building Code, the Fire Code and the Property Standards By-law. Any unregistered two-unit house is a contravention of the Registration By-law.

HOW OFTEN DO I HAVE TO REGISTER?

Registration of a two-unit house is a one-time event. Under the current legislation, you do not have to re-register, unless your registration was revoked.

CAN THE CITY REVOKE BY REGISTRATION?

Yes. The registration does not need to be renewed, but you must always continue to maintain your building in compliance with Part 2 of the Fire Code and with the Property Maintenance By-law. If your building is inspected, usually at the invitation of a disgruntled tenant, and contraventions of the maintenance regulations are found, you will be served an order to remedy the contraventions within a time limit. If you do not make the repairs within the time specified, you may face penalties under either the Fire Code or the Property Standards By-law. In addition, the registrar may revoke your registration. Any continued use of the house as a two-unit house without being registered would be a separate violation, subject to its own penalties. Registration can also be revoked if the house ceases to be used as a two-unit house. Applications to re-register a two-unit house would be subject to the rules and fees in effect at that time.

Toronto’s Second Suites By-law

On July 6, 2000, the City of Toronto’s new “second suites bylaw (493-2000)” came into effect. This bylaw permits second suites in all single-detached and semi-detached houses throughout the City of Toronto, with certain conditions.

Some of the conditions include:
• the second suite must be self-contained with its own kitchen and bathroom;
• the house, including any additions, must be at least five years old;
• the floor area of the second suite must be smaller than the remaining part of the house;
• in most cases, a home with a second suite must have at least two parking spaces;
• all existing second suites must comply with the Ontario Fire Code, zoning and property standards

For prospective purchasers of these properties, once the legality of the apartment has been established, then it must be insured that it meets health and fire standards. This can be established by the production of a “Letter of Compliance” from the local Fire Department or the municipality. If this inspection has never been done, or was done a great length of time ago, you may wish to have an Independent Fire Code Inspector report on the conditions to-day.

Retrofit legislation calls for the maintenance of the fire safety measures originally built into these two family units. If proper compliance is not indicated at this time you may wish to negotiate with the vendor to perform these upgrades prior to closing, or you may wish to adjust the price accordingly and do the work yourself.

Ontario Fire Code Information

Owners of houses containing two self-contained residential units (dwelling units) are now required to bring their buildings into compliance with the new fire safety regulation adopted under the Ontario Fire Code. Tenants in these buildings are entitled to ask their landlords to make sure that the fire regulations are met.

Some of these Regulations are summarized below.

1.0 What is a Dwelling Unit ?

A dwelling unit is a room or suite of rooms operated as a self-contained housekeeping unit that includes independent cooking, eating, living, sleeping and bathroom facilities.

2.0 Buildings Covered by the New Fire Code Regulation ?

The regulation applies to detached houses, and semi-detached houses, and row houses that contain two existing dwelling units. The two dwelling units may be located anywhere in the house.

3.0 What are the Requirements ?

In general, the regulation contained in the Ontario Fire Code addresses four fire safety issues:

3.1 Fire separation

The owner has three options for compliance with the fire separation for each dwelling unit

3.2 Means of Escape.

Four options are provided for compliance with the means of escape from each dwelling unit.

3.3 Smoke Alarms

Depending on the option selected for fire separation and means of escape, it may be necessary to install electrically wired, interconnected smoke alarms throughout the house. Interconnected smoke alarms are designed to sound simultaneously when any one smoke alarm is activated, providing early warning to all occupants of the house at the same time.

Where interconnected smoke alarms are not installed, every dwelling unit must be equipped with a battery operated or electrically wired smoke alarm on every floor level that contains a bedroom or sleeping area.

All smoke alarms must be maintained in working condition, and they must be audible in the bedrooms when the bedroom door is closed.

3.4 Electrical Safety

The owner must also arrange for the house to be inspected by “the Electrical Safety Authority” and to correct all fire safety hazards identified through this inspection.

4.0 Who is Responsible With Complying With the Regulation ?

The owner is responsible for complying with the provisions of the Ontario Fire Code. Penalties for non-compliance can be up to $50,000 fines and up to one year in prison for individuals.
Owners should be aware that bringing existing houses into compliance with the new regulation may require repairs or alterations for which a building permit is needed under the Building Code Act.
Every municipality and city has different by-laws regarding second suites or basement apartments, ensure you consult with yours before making your investment decision.

Written by Roger Frost, the Barrie Home Inspector

New Home / Pre-Delivery Inspections in Barrie

New Home / Pre-Delivery Inspections in Barrie – Many new home buyers will see their new home for the first time during their PDI inspection. Most builders do not encourage buyer to visit the new home site during construction, siting insurance concerns, but other builders welcome purchasers and allow them access to their home during construction.

Your Pre Delivery Inspection is a mandatory inspection required by Tarion and is conducted using Tarion’s checklist or a similar list supplied by your builder.

Many home owners are over whelmed by the prospect of inspecting their new home and often hire a professional home inspector to accompany them during the PDI inspection. I personally always recommend that the home owner notify the builder in writing that they will be bringing a home inspector as some builders are very resistant to having a professional inspect your home.

I recommend that the home owner bring a copy of the Tarion check list that is available on their web site and keep track of all items that they have looked at and any deficiencies that require the builders attention. As a professional home inspector I use a more in depth check list  which covers basically but not limited to the following:

• structural components including foundation and framing, including probing a representative number of structural components where deterioration is suspected or  where clear indications of possible deterioration exist.
• exterior wall covering, flashing and trim.
• exterior doors.
• attached decks, balconies, stoops, steps, porches, and their associated railings.
• eaves, soffits, and fascias where accessible from the ground level.
• vegetation, grading, surface drainage, and retaining walls on the property when any of these are likely to adversely affect the building.
• walkways, patios, and driveways leading to dwelling entrances.
• roof covering.
• roof drainage systems.
• roof flashings.
• skylights, chimneys, and roof penetrations
• interior water supply and distribution systems including all fixtures and faucets.
• drain, waste and vent systems including all fixtures.
• water heating equipment.
• vent systems, flues, and chimneys.
• fuel storage and fuel distribution systems.
• drainage sumps, sump pumps, and related piping.
• electrical service drop.
• electrical service entrance conductors, cables, and raceways.
• electrical service equipment and main disconnects.
• electrical service grounding.
• interior components of electrical service panels and sub panels.
• electrical conductors.
• electrical over current protection devices.
• a representative number of installed lighting fixtures, switches, and receptacles.
• ground fault circuit interrupters.
• installed heating equipment.
• heating vent systems, flues, and chimneys
• installed central and through-wall cooling equipment.
• interior walls, ceilings, and floors.
• steps, stairways, and railings.
• countertops and a representative number of installed cabinets.
• a representative number of doors and windows.
• garage doors and garage door operators.
• insulation and vapour retarders in unfinished spaces.
• ventilation of attics and foundation areas.
• mechanical ventilation systems.
• fireplace system components.
• fireplace vent systems, flues, and chimneys.

Every house is different and each inspection will identify items that are unique to that particular home. There are many similarities to deficiencies found while inspecting homes but as homes are built by humans there is the possibility for almost any conceivable mistake possible to be present.

New home warranty (Tarion) inspections are performed just before the one or two year builders warranty is about to expire. This type of inspection is similar to our other services, however emphasis is placed on construction issues that may have arisen during the first year or two of ownership.

Some home inspectors argue that cosmetic damage is not within the scope of the Tarion PDI inspection. I differ on this completely. It has been my experience that home owners that do not make a note of minor dents, scratches on floors or cupboards etc on their PDI, find that when they identify them on their 30 day list the builder has disputed the fact because they were not included on the initial PDI checklist. Not all builders are cut from the same cloth but I have encounter circumstances where the client had to chase after the builder who had got  them to sign off on the PDI before completing inspection. He had told them that it was not a “big deal” and just to list everything on the 30 day inspection report.

Home Inspections and Ontario Building Codes

Home Inspections and Ontario Building Codes.  The Ontario Building Codes are a minimum set of standards that all building must meet when constructed. Although the Ontario Building Code is not designed to be used as a requirement to bring existing buildings up to this standard, not having a knowledge of the code would not allow a person to know what deficiencies existed in a building.

Existing buildings only have to be built to the standard of the existing building code that was in effect at the time of construction. This is known as “Grandfathering” and will apply to most buildings unless they have under gone a “Major Renovation, Change of Use or Occupancy or a Building Permit has been issued that would involve bringing building up to current requirements. Most older buildings would fall under Part 10 or 11 of the Ontario Building Code and not require extensive upgrading, especially if the building was over 5 years old.

Knowledge of the Ontario Building Code is essential when performing Home Inspections. Some home inspectors mask their lack of skills and training by refraining from ever mentioning the Ontario Building Code and this lack of knowledge can lead to missed deficiencies that a trained inspector would pick up. If your house was built to the minimum standards set out by the Building Codes, how could any professional not be trained in their use and application. As a member of the Ontario Building Officials Association I ensure that my knowledge is maintained at the current editions of the Building Code, to do other wise would be unfair to my customers.