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Last updated: July 21, 2005. © Copyright 2008 Fire Marshal's Public Fire Safety Council
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LOCATION: > HOME > Fire Safety Information > Fire Safety For Apartments in Houses
Fire Safety For Apartments in Houses For many years, the legal status of basement apartments, flats and other accessory residential units which have been added to houses has been unclear. Many municipalities passed zoning by-laws prohibiting these types of apartments in houses. Nevertheless, many thousands of basement apartments and other accessory residential units were constructed. Although the exact number is unknown, it is estimated that as many as 100,000 illegal units were in use across the province in 1993. Fire prevention officials have been concerned about the safety of the people living in these houses. As long as the accessory residential units were illegal, they were often not known to municipal officials and for this reason remained unregulated with respect to fire safety standards. In some cases, this presented a fire hazard for the people living in the units. A number of tragic fires involving basement apartments in early 1994 further highlighted the need for mandatory fire safety standards for houses containing these units. Changes to provincial legislation enacted in July 1994 have made apartments in houses a permitted use for most detached houses, semi-detached houses and row houses, as long as minimum health and safety requirements are met. 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.
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.
WHAT BUILDINGS ARE COVERED BY THE NEW FIRE CODE REGULATION?The regulation applies to detached houses, semi-detached houses, and row houses that contain two existing dwelling units. The two dwelling units may be located anywhere in the house.
WHAT ARE THE REQUIREMENTS?In general, the regulation contained in the Ontario Fire Code addresses four fire safety issues:
The owner has three options for compliance with the fire separation for dwelling units. Four options are provided for compliance with the means of escape from each dwelling unit. 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. The owner must also arrange for the house to be inspected by Ontario Hydro and to correct all fire safety hazards identified through this inspection. 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. WHO IS RESPONSIBLE FOR COMPLYING WITH THE REGULATION?The owner is responsible for complying with the provisions of the Ontario Fire Code.HOW DO I BRING MY HOUSE INTO COMPLIANCE WITH THE NEW FIRE SAFETY REQUIREMENTS?Copies of the regulation are available from Publications Ontario at the address on the back of this pamplet. The owner is encouraged to carry out the initial assessment to determine what upgrading may be required. Once this initial assessment is done, the municipal building and fire departments should be contacted to obtain the necessary permits and arrange for inspection where appropriate.
HOW MUCH TIME DO I HAVE TO CARRY OUT THE NECESSARY UPGRADING?Installation and maintenance requirements for smoke alarms came into effect on August 13, 1994. Each dwelling unit must, as a mininum, be equipped with battery operated or electrically wired smoke alarms on every level containing a bedroom or sleeping area by this date.The owner has until July 14, 1996 to comply with the requirements for fire separation of the dwelling units, means of escape and electrical fire safety. In most cases, the owner should be able to complete the necessary work within this time frame.
WHAT HAPPENS IF I CANNOT GET THE WORK COMPLETED WITHIN THE PRESCRIBED TIME?The penalty for Fire Code violations can result in a fine of up to $25,000 or prison term of not more than one year, or both.The Fire Code also permits the owner to apply for an additional two year extension to carry out the upgrading due to logistical, financial or other valid reasons. Such application must be made to the fire chief of the municipal fire department as soon as it is apparent that work cannot be completed within the normal compliance time.
WHAT REGULATIONS APPLY IF I WANT TO CREATE A NEW APARTMENT IN MY HOUSE?To create a new apartment in a house, the owner must comply with the requirements of the Building Code. A building permit is required to carry out such a conversion whether or not any construction takes place.The Fire Code applies only to houses containing two exisiting dwelling units. In both cases minimum fire safety requirements must be met. WHERE CAN I GET MORE INFORMATION?The fire safety requirements for existing dwelling units are contained in the Fire Code, Section 9.8 "Two Unit Residential Occupancies" (Ontario Regulation 385/94). This regulation, together with the commentary can be obtained from:
Publications Ontario For additional information about Fire Code requirements, contact your local fire department or the Regional Office of the Fire Marshal, at the phone number listed under the Ministry of the Community Safety and Correctional Services, in the blue pages of your telephone directory. For information about building permits and Building Code requirements, contact your municipal building department. Contact the municipal planning department for information on additional zoning standards that may apply.
You can call the Ministry of Housing's customer assistance line at (416) 585-7041 or any Rent Control area office to obtain information about the Residents Rights Act, and how it affects Apartments in Houses. Rent Control offices are listed in the blue pages of your telephone directory.
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fire separation for each dwelling unit