Part 10 - Change of Use (See Note A-10)

Section 10.1 General

10.1.1. Scope

10.1.1.1. Scope

(1)The scope of this Part shall be as described in Subsection 1.3.3. of Division A.

10.1.1.2. Change in Major Occupancy

(1)The following changes of use are also deemed to be a change in major occupancy for the purposes of this Part:

(a)a suite of a Group C major occupancy is converted into more than one suite of a Group C major occupancy,

(b)a suite or part of a suite of a Group A, Division 2 or Group A, Division 4 major occupancy is converted to a gaming premises,

(c)a farm building or part of a farm building is changed to another major occupancy other than a Group G major occupancy,

(d)a building or part of a building is changed to a post-disaster building,

(e)a building or part of a building is changed to a retirement home,

(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, or

(g)a farm building or part of a farm building is changed to a Group G, Division 1 major occupancy.

Section 10.2 Classification of Existing Buildings

10.2.1. Classification

10.2.1.1. Classification of Major Occupancy

(1)Every existing building or part of it shall be classified according to its major occupancy in accordance with the requirements of Part 2 or Subsection 3.1.2.

10.2.1.2. Classification According to Construction and Occupancy

(1)Except as provided in Sentence (2), for the purposes of this Part, existing buildings shall be classified as to their construction and occupancy as provided for in Sentence 11.2.1.1.(1).

(2)For the purpose of Parts 10 and 11, the calculation of the construction index and hazard index for Group G major occupancy is permitted to be based on Group F, Division 2 major occupancy.

10.2.1.3. Building Size and Construction

(1)The requirements of Articles 2.2.2.3. to 2.2.2.8. and 3.2.2.20. to 3.2.2.92. do not apply to this Part.

Section 10.3 Requirements

10.3.1. General

10.3.1.1. General

(1)Except as provided in Section 10.4., a building or part of a building subject to a change of major occupancy shall conform to the requirements of Subsection 3.2.6., Sections 3.7., 3.11. and 3.12., Sentences 6.3.1.1.(2), 6.3.2.7.(1) and 6.2.4.7.(1), Subsections 9.5.1. and 9.5.3., 9.5.3A. to 9.5.3F. and 9.5.4., Sentences 9.6.1.4.(3), (4), Article 9.7.2.3., Sentences 9.8.8.1.(4) to (8) and 9.9.10.1.(1) to (7), Subsection 9.10.17., Sections 9.31. and 9.32., and Subsections 9.34.1. to 9.34.3. as they apply to the new major occupancy that the building or part of a building is to support.

(2)Where a major occupancy is changed to a Group B, Division 2 major occupancy, heating, ventilating, and air conditioning systems shall conform to the requirements of Sentence 6.2.1.1.(1).

(3)Where a major occupancy is changed to a Group B, Division 3 major occupancy, ventilation, air circulation, and filtration systems, shall conform to the requirements of Sentence 6.2.1.1.(1).

10.3.2. Performance Level

10.3.2.1. General

(1)The performance level of a building after the change of major occupancy shall not be less than the performance level prior to the change of major occupancy.

(2)For the purposes of Sentence (1), reduction of performance level shall be determined in accordance with Article 10.3.2.2.

(3)For the purpose of this Subsection, where a permit to construct a farm building has been applied for before January 1, 2025, the performance level of the farm building is permitted to be evaluated based on the applicable requirements of Ontario Regulation 332/12 (Building Code) made under the Act, as it read on December 31, 2024.

10.3.2.2. Reduction in Performance Level

(1)Except as provided in Sentence (2), the performance level of a building or part of a building is reduced where the existing structural floor and roof framing systems and their supporting members are not adequate to support the proposed dead loads and live loads of the new major occupancy that the building is to support.

(a)access to exit widths based on occupant load in Subsection 3.3.1. or 9.9.3.;

(b)Compliance alternatives as listed to access to exit and exit widths, number of exits, door release hardware, and travel distance may be used.

(c)exit signs in Subsection 3.4.5. or 9.9.11.;

(d)lighting of exits, lighting of access to exits and emergency lighting in Subsection 3.2.7. or 9.9.12.;

(e)fire alarm system in Subsection 3.2.4. or 9.10.18.;

(f)smoke alarms in Subsection 9.10.19.;

(g)travel distance and number of exits in other Parts of this Division;

(h)smoke control measures, and at least one elevator to permit transport of firefighters to all floors in hotels whose floor level is more than 18 m high, measured between grade and floor level of the top storey as per Subsection 3.2.6.; and

(i)door release hardware requirements in Articles 3.3.1.13. and 3.4.6.16., and deficiencies shall be upgraded.

(2)The inadequacy of the existing structural floor or roof framing system and its supporting members to support the proposed dead loads and live loads does not reduce the performance level of the building if the portion of the floor affected by the proposed loads is restricted to the loading it will support and signs stating the restrictions are posted.

(a)to

(e)and

(g)and

(j)in this Table.

(3)Except as provided in Section 10.4., the performance level of a building or part of a building is reduced where the early warning and evacuation systems requirements of the building do not meet the early warning and evacuation systems requirements set out in Table 10.3.2.2.-A for the new major occupancy that the building is to support.

(4)Except as provided in Sentence (5), the performance level of an existing building is reduced where a change in use will result in a change of the major occupancy of all or part of an existing building to another major occupancy of a greater hazard index.

(5)Except as provided in Sentence (6), if the hazard index of the new major occupancy is greater than the hazard index of the existing major occupancy, the performance level is not reduced where the hazard index of the new major occupancy is not greater than the construction index of the existing building.

(6)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 new major occupancy 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.

(7)Except as provided in Sentence (8), the performance level of a building or part of a building is reduced in an existing building of combustible construction where,

(a)the occupancy is changed to a residential occupancy in all or part of the building, and

(b)if the building was new, it would have been required to be of noncombustible construction or to be constructed in accordance with Article 3.2.2.51. or 3.2.2.60.

(8)A change in the occupancy of a building or part of a building to a residential occupancy does not reduce the performance level of the building or part of the building where,

(a)the building is sprinklered, and

(b)the building does not exceed 6 storeys in building height.

(9)The performance level of a building or part of a building is reduced where the new major occupancy in an existing building of multiple occupancy is not separated from adjoining major occupancies by fire separations having fire- resistance ratings conforming to Article 3.1.3.1., Subsection 9.10.9. or Table 10.3.2.2.-B.

(10)The performance level of a building is reduced where the building after the change of major occupancy will not comply with Article 3.1.3.2. or 9.10.9.14.

(11)The performance level of a building or part of a building is reduced where, after a change of major occupancy,

(a)the total daily design sanitary sewage flow of the new major occupancy, calculated in accordance with Article 8.2.1.3., exceeds the capacity of any component of a sewage system serving the building, or

(b)the type or amount of sanitary sewage that will, under the new major occupancy, be discharged to a sewage system serving the building is prohibited by Article 8.1.3.1.

(12)The performance level of an existing building or part of an existing building is reduced where,

(a)the use of the building or part of the building is changed to a retirement home, and

(b)any of the following applies:

(i)the retirement home is not sprinklered throughout,

(ii)Clause 3.2.6.8.(1)(b) or (c), as applicable, requires that a voice communication system conforming to Article 3.2.4.22. be provided in the building and such a system is not provided in the building, or

(iii)the retirement home contains one or more doors to suites or sleeping rooms not within suites, other than doors leading directly to the exterior, that are not equipped with self-closing devices.

Section 10.4 Compliance Alternatives

10.4.1. Compliance Alternatives

10.4.1.1. Substitution

(1)Except as provided in Sentence (3), a compliance alternative to a requirement contained in Part 3, 4, 6 or 8 that is shown in Tables 11.5.1.1.-A, 11.5.1.1.-B, 11.5.1.1.-C, 11.5.1.1.-D/E or 11.5.1.1.-F may be substituted for the requirement where the chief building official is satisfied that compliance with the requirement is impracticable because,

(a)of structural or construction difficulties, or

(b)it is detrimental to the preservation of a heritage building.

(2)Except as provided in Sentence (3), a compliance alternative to a requirement contained in Part 9 or 12 shown in Tables 11.5.1.1.-C, 11.5.1.1.-D/E or 11.5.1.1.-F may be substituted for the requirement without satisfying the chief building official that the requirement is impracticable.

(3)Where the building has been in existence for less than five years, compliance alternatives may only be used in respect of requirements of this Division that are referenced in Sentences 10.3.2.2.(3), (5) and Table 10.3.2.2.-B.