Friday, May 09, 2014

Are Ontario developers/builders in compliance of OBC 3.8.2.1 for barrier-free features?

ONTARIO REGULATION 332/12, section 3.8.2.1(4) of the ontario Building code

(4)  In a Group C major occupancy apartment building, not less than 10% of all residential suites shall be provided with a barrier-free path of travel from the suite entrance door to,
(a) the doorway to at least one bedroom at the same level, and
(b) the doorway to at least one bathroom,
(i) having an area not less than 4.5 m2 at the same level, and
(ii) conforming to Sentence 9.5.11.3.(1).

As of January 1, 2015: Ontario Regulation 368/13, Section 3.8.2.1

(5)  In a Group C major occupancy apartment building, not less than 15% of all suites of residential occupancy shall be provided with a barrier-free path of travel from the suite entrance door into the following rooms and spaces that shall be located at the same level as the barrier-free path of travel:
(a) at least one bedroom,
(b) at least one bathroom conforming to Sentence (6),
(c) a kitchen or kitchen space, and
(d) a living room or space.
(6)  Bathrooms required by Clause (5)(b) shall,
(a) contain a lavatory,
(b) contain a water closet,
(c) contain a bathtub or a shower,
(d) have wall reinforcement installed in conformance with Sentence 3.3.4.9.(1), and
(e) be designed to permit a wheelchair to turn in an open space not less than 1 500 mm in diameter.

(7)  The number of suites described in Sentence (5) having 1, 2 or 3 or more bedrooms shall be in proportion to the number of suites of residential occupancy having 1, 2 or 3 or more bedrooms in the remainder of the building.
(8)  The suites described in Sentence (5) shall be distributed among storeys that are required by Article 3.8.2.1. to have a barrier-free path of travel, having regard to the height of the suite above grade.

What is meant by barrier-free path of travel:

3.8.1.3.  Barrier-Free Path of Travel
(1)  Except as required in Sentence (4) and except as permitted in Subsection 3.8.3., every barrier-free path of travel shall provide an unobstructed width of at least 1 100 mm for the passage of wheelchairs.
(2)  Interior and exterior walking surfaces that are within a barrier-free path of travel shall,
(a) have no opening that will permit the passage of a sphere more than 13 mm in diam,
(b) have any elongated openings oriented approximately perpendicular to the direction of travel,
(c) be stable, firm and slip-resistant,
(d) be bevelled at a maximum slope of 1 in 2 at changes in level not more than 13 mm, and
(e) be provided with sloped floors or ramps at changes in level more than 13 mm.
(3)  A barrier-free path of travel is permitted to include ramps, passenger elevators or other platform equipped passenger elevating devices to overcome a difference in level.
(4)  Every barrier-free path of travel less than 1 600 mm in width shall be provided with an unobstructed space not less than 1 600 mm in width and 1 600 mm in length located not more than 30 m apart.
(5)  Where the headroom of an area in a barrier-free path of travel is reduced to less than 1 980 mm, a guardrail or other barrier with its leading edge at or below 680 mm from the floor shall be provided.
What are the classifications:

(a) used for major occupancies classified as,
(i) Group A, assembly occupancies,
(ii) Group B, care or detention occupancies,
(iii) Group F, Division 1, high hazard industrial occupancies, or
(b) exceeding 600 m2 in building area or exceeding three storeys in building height and used for major occupancies classified as,
(i) Group C, residential occupancies,
(ii) Group D, business and personal services occupancies,
(iii) Group E, mercantile occupancies, or
(iv) Group F, Divisions 2 and 3, medium hazard industrial occupancies and low hazard industrial occupancies.



Smith, Nancy P. (MAH)

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to me
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Good morning Mr. Gervais;

You are correct that Group C Buildings are residential however the term condominium is not used in the Building Code for the simple reason that ‘condominium’ is not a type of building.  It is a form of tenure, notwithstanding that the term condominium is used widely by the general public to describe residential apartment buildings that are owned by the residents.  In fact many different building types may be condominiums including single detached houses (think gated communities), townhouses, retail malls and industrial malls.   

In the Building Code apartment building is the term used for all multi-unit residential buildings.  The Building Code barrier-free design requirements apply equally to all new multi-unit buildings whether the tenure is rental or condominium ownership.   The Building Code sets minimum construction standards for all buildings.  It does not have one set of standards for rental buildings and another for condominium buildings.  The differences that building users may see between the types of building designs are established by developers who can and frequently build to higher than minimum standards depending on who they are targeting to live in the building.

The Group C Residential category also includes hotels, motels, student residences/dormitories, convents, monasteries, residential schools, homeless shelters, shelters for women, open and semi-secure youth detention facilities and hostels.  All of these, depending on the size and design of the building, are subject to the Code’s barrier-free design requirements.  That category might also include adult apartment buildings such as a senior’s retirement apartment building but if it is a long-term care facility, that would be a Group B which also must meet barrier-free requirements. 

Group F, Division 1 Buildings are high hazard industrial buildings where barrier-free requirements do not apply to the industrial component of the building.  But if a Group F, Div. 1 building includes an office component, that portion of the building would be considered a Group D and barrier-free design requirements

I hope this helps.

Regards,


Nancy P. Smith, OAA
Coordinator, Code Development
Building and Development Branch
Ministry of Municipal Affairs and Housing
777 Bay Street, 2nd Floor
Toronto, Ontario   M5G 2E5


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