9.40.2.1 — Change of Use and Compensating Construction

(1) Where proposed construction will result in the change of major occupancy of all or part of an existing building to another major occupancy, the building shall be classified as to its, (a) construction on the basis of its construction index as provided for in this Part, including Table 11.2.1.1.A., and (b) occupancy on the basis of its hazard index as provided for in this Part, including Tables 11.2.1.1.B. to 11.2.1.1.N. (2) Small or medium sized existing buildings as determined in Tables 11.2.1.1.B. to 11.2.1.1.N. facing multiple streets may be assigned a hazard index credit of 1, which may be subtracted from the hazard index of the proposed major occupancy to reduce the additional upgrading required by Table 11.4.3.4.A. provided, (a) the building does not contain a Group B, Division 1, a Group C, or a Group F, Division 1 occupancy, and (b) firefighting access complying with Articles 3.2.5.1. to 3.2.5.5. or Subsection 9.10.20. is provided. (3) The requirements of Articles 3.2.2.20. to 3.2.2.83. do not apply to this Part.

(1) This Section applies where proposed construction in respect of an existing building will result in any of the following changes of use of all or part of the building: (a) a change of the major occupancy of all or part of a building that is designated with a “Y” in Table 1.3.1.4. of Division C, (b) a suite of a Group C major occupancy is converted into more than one suite of a Group C major occupancy, (c) a farm building or part of a farm building is changed to a major occupancy, (d) a building or part of a building is changed to a post-disaster building, or (e) Revoked: O. Reg. 139/17, s. 134. (f) the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined. (2) For the purposes of this Section and Sentences 11.4.2.1. (1) and 11.4.2.5. (4), the changes of use set out in Clauses (1)(b) to (f) are also deemed to constitute a change in major occupancy. (3) The requirements of this Section are in addition to the requirements of other Parts of the Code as they apply to the proposed construction.

(1) Except as required in Article 9.9.10.1. and Sentence (3), the minimum window glass area for rooms in buildings of residential occupancy or rooms that are used for sleeping shall conform to Table 9.7.2.3. (2) The unobstructed glass area of a door or skylight is considered equivalent to that of a window. (3) Work areas in live/work units shall conform to Clause 3.7.2.1. (2)(a). (4) Where rooms with different requirements for window glass area are combined as described in Sentence 9.5.1.4. (1), the more restrictive requirement shall govern.

(1) Materials, design, construction and installation of windows, doors and skylights that separate conditioned space from unconditioned space or the exterior but that are not within the scope of AAMA/WDMA/CSA 101/I.S.2/A440, “NAFS - North American Fenestration Standard/Specification for Windows, Doors, and Skylights” shall, (a) conform to, (i) this Subsection or Subsection 9.7.4., and (ii) the applicable requirements in Subsection 9.7.6., or (b) conform to Part 5. (2) Glass for site-built windows, doors, sidelights for doors, and skylights shall comply with Section 9.6.

(1) The sealing compound used to seal the glass component of an insulating glazing unit to the sash component shall be compatible with the sealing compound used to edge seal the glass component. (2) Flashing used to protect openings shall conform to Articles 9.27.3.7. and 9.27.3.8. (3) Sealants shall be applied between window frames or trim and the exterior cladding or masonry in conformance with Subsection 9.27.4. (4) All unfinished portions of the frame and other components of aluminum windows, doors or skylights in contact with the edges of masonry, concrete, stucco or plaster shall be protected with an alkali-resistant coating.

(1) Except as provided in Sentence (2), every surface to which access is provided, including but not limited to flights, ramps, exterior landings, porches, balconies, mezzanines, galleries and raised walkways, shall be protected by a guard on each side that is not protected by a wall for the length, where, (a) there is a difference in elevation of more than 600 mm between the walking surface and the adjacent surface, or (b) the adjacent surface within 1.2 m from the walking surface has a slope of more than 1 in 2. (2) Guards are not required, (a) at loading docks, (b) at floor pits in repair garages, or (c) where access is provided for maintenance purposes only. (3) Reserved (4) Doors in buildings of residential occupancy, where the finished floor on one side of the door is more than 600 mm above the floor or other surface or ground level on the other side of the door, shall be protected by, (a) a guard in accordance with this Subsection, or (b) a mechanism capable of controlling the free swinging or sliding of the door so as to limit any clear unobstructed opening to not more than 100 mm. (5) Except as provided in Sentence (6), openable windows in buildings of residential occupancy shall be protected by, (a) a guard in accordance with this Subsection, or (b) a mechanism capable of controlling the free swinging or sliding of the openable part of the window so as to limit any clear unobstructed opening to a size that will prevent the passage of a sphere having a diameter more than 100 mm. (6) Windows need not be protected in accordance with Sentence (5), where, (a) the window serves a dwelling unit that is not located above another suite, (b) the only opening having greater dimensions than those allowed by Clause (5)(b) is a horizontal opening at the top of the window, (c) the top surface of the window sill is located more than 480 mm above the finished floor on one side of the window, or (d) the window is located in a room or space with the finished floor described in Clause (c) located less than 1 800 mm above the floor or ground on the other side of the window. (7) Except as provided in Sentence (8), glazing installed over stairs, ramps and landings that extends to less than 1 070 mm above the surface of the treads, ramp or landing shall be, (a) protected by guards in accordance with this Subsection, or (b) non-openable and designed to withstand the specified lateral loads for guards as provided in Article 4.1.5.14. (8) In dwelling units, glazing installed over stairs, ramps and landings that extends to less than 900 mm above the surface of the treads, ramp or landing shall be, (a) protected by guards in accordance with this Subsection, or (b) non-openable and designed to withstand the specified lateral loads for guards as provided in Article 4.1.5.14. (9) Glazing installed in public areas that extends to less than 1 000 mm from the floor and is located above the second storey in buildings of residential occupancy shall be, (a) protected by guards in accordance with this Subsection, or (b) non-openable and designed to withstand the specified lateral loads for guards as provided in Article 4.1.5.14.

(1) Except where a door on the same floor level as the bedroom provides direct access to the exterior, every floor level containing a bedroom in a suite shall be provided with at least one outside window that, (a) is openable from the inside without the use of tools, (b) provides an individual, unobstructed open portion having a minimum area of 0.35 m² with no dimension less than 380 mm, and (c) maintains the required opening described in Clause (b) without the need for additional support. (2) Except for basement areas, the window required in Sentence (1) shall have a maximum sill height of 1 000 mm above the floor. (3) When sliding windows are used, the minimum dimension described in Sentence (1) shall apply to the openable portion of the window. (4) Where the sleeping area within a live/work unit is on a mezzanine with no obstructions more than 1 070 mm above the floor, the window required in Sentence (1) may be provided on the main level of the live/work unit provided the mezzanine is not more than 25% of the area of the live/work unit or 20 m2, whichever is less, and an unobstructed direct path of travel is provided from the mezzanine to this window. (5) Where a window required in Sentence (1) opens into a window well, a clearance of not less than 550 mm shall be provided in front of the window. (6) Where the sash of a window referred to in Sentence (5) swings towards the window well, the operation of the sash shall not reduce the clearance in a manner that would restrict escape in an emergency. (7) Where a protective enclosure is installed over the window well referred to in Sentence (5), such enclosure shall be openable from the inside without the use of keys, tools or special knowledge of the opening mechanism.