Division B
Acceptable Solutions
Part 11 — Existing Buildings
Section 11.2. 
Upgrade Application
11.2.1. Upgrade Requirements
11.2.1.1. Upgrade Objectives
1) An alteration to an existing building shall trigger upgrading of the existing building to meet the following objectives
a) all unsafe conditions shall be corrected to an acceptable level,
b) all new materials and construction work shall comply with this By-law,
c) the building shall be upgraded to an acceptable level of fire, life and health safety, structural safety, non-structural safety, accessibility for persons with disabilities, and energy efficiency,
d) any significant extension of the design life of an existing building beyond its original design life shall require upgrading to an acceptable level,
e) an alteration to an individual suite within an existing building will not trigger upgrades within any other suites except where the alteration creates non-conformity with the By-law within such other suites, and
f) the level of life safety and building performance shall not be decreased below the existing level.
11.2.1.2. General Requirements
(See Appendix A.)1) Where construction of existing buildings occurred before the effective date of this By-law, reconstruction or alteration of existing buildings is not a requirement of this By-law, except as required by Articles 11.2.1.3. to 11.2.1.11. inclusive.
2) Except as provided in Sentences (3) to (9) inclusive, and Articles 11.2.1.3. to 11.2.1.11. inclusive, where an alteration is made to an existing building, the alteration shall comply with this By-law and the existing building shall be
a) upgraded to an acceptable level as defined in the existing building upgrade mechanism model in Division B Appendix A (See Appendix Note A-11.2.1.2..), except that existing lighting exceeding the Lighting Power Density of ASHRAE 90.1 -2007 shall be removed within existing spaces of a suite within the scope of a project, or
b) upgraded to the satisfaction of the Chief Building Official where the owner demonstrates that the design levels, as defined by the upgrade mechanism model in Division B Appendix A, present a hardship for the owner.
3) Except as required by Sentence (9) and changes of major occupancy in a small suite, where an alteration does not involve an addition or a change in major occupancy, further upgrading to an existing building is not a requirement of this By-law provided
a) construction or a full upgrade of the building occurred by means of a building permit issued on or after November 1, 1999,
b) all unsafe conditions are corrected to the satisfaction of the Chief Building Official, and
c) all new work is in compliance with this By-law.
4) Where a voluntary upgrade for fire alarm systems, sprinkler systems, exits, accessibility, seismic work, washrooms or kitchens for single room accommodations, energy efficiency or building envelope repair is carried out, no further upgrade of the building is required except that, where other work is included in the application, the upgrade requirement will only be based on the non-voluntary work proposed.
5) Where building envelope repair involves more than 60 per cent of one vertical section of an exposed building face, the building envelope on the entire vertical section of that exposed building face shall be replaced.
6) Where there is a change of major occupancy to a post disaster occupancy as defined in Table 4.1.2.1., or where there is a major addition to a post disaster building, the entire building shall be upgraded to design upgrade levels F4, S4, N4, A4 and E4 as detailed in the upgrade mechanism model in Division B Appendix A.
7) Where there is a temporary change of major occupancy to an assembly occupancy for an arts and culture indoor event in a building which is classified as Group D offices, Group E retail, Group F Division 2 production or rehearsal studio, wholesale, warehouse, or factory, or Group F Division 2 artist
studio without living accommodations, the upgrade requirements shall be based solely
on Section 11.6.
8) Where there is a change of major occupancy in a building, and the aggregate area of the change in major occupancy within any 5 year period is greater than 50 per cent of the building area in a one storey building or greater than 100 per cent of the building area in a building of more than one storey, the entire building shall be upgraded to design upgrade levels F4, S4, N4, A4 and E3 as detailed in the upgrade mechanism model in Division B Appendix A.
9) The upgrade requirements for energy efficiency to existing buildings shall conform to the upgrade mechanism model in Division B Appendix A for energy efficiency except for
a) buildings designed and constructed in conformance with ASHRAE 90.1-2007 or as deemed acceptable to the Chief Building Official,
b) buildings designed and constructed in conformance with Article 9.25.2.1. Division B of Building By-law No. 9419, and
c) buildings where the alteration is limited to the upgrade of energy related specific equipment, as listed in Table 11.2.1.2., provided the replacement equipment complies with industry standards for "high efficiency".
| Table 11.2.1.2. Energy Related Equipment |
|
| Equipment Type | Specific Equipment |
| Basic Building Systems | Boilers |
| Furnaces | |
| Hot Water Tanks | |
| Lighting Systems | |
| Energy Reduction Sensors (occupant, light, etc.) | |
| Renewable Energy Systems | Photovoltaic system |
| Solar Thermal system | |
| Biofuel-based Energy system | |
| Geothermal Heating system | |
| Geothermal Electric system | |
| Wave & Tidal Power system | |
| High Performance Energy Systems | Ground Source Heat Pump system |
| Air Source Heat Pump system | |
| Waste Heat Recovery system | |
11.2.1.3. Sprinkler Installation Requirements for the Addition of Dwelling Units in Multi-family Buildings
(See Appendix A)1) Except as provided in Sentence (2), where an alteration to an existing building creates or adds one or more dwelling units, the building shall be sprinklered in conformance with Table 11.2.1.3.
2) Where the alteration in Sentence (1) involves the addition of existing floor space to an existing dwelling unit, and that converted space is greater than 50 per cent of the floor area of the original dwelling unit, the altered dwelling unit shall be considered as a new dwelling unit and the building shall be sprinklered in conformance with Table 11.2.1.3.
3) If sprinklers are required by Table 11.2.1.3., they shall be installed throughout the storey on which the new dwelling unit is to be located and all storeys immediately below the new dwelling unit.
| Table 11.2.1.3. Sprinkler Installation Determination Where Dwelling Units are Added |
|||||
| Existing Dwelling Units | New DUs(1) Added Over Any 5 year Period(2) | ||||
| 1 | 2-3 | 4-5 | 6 | >6 | |
| 0-1 | Spr R(3) | Spr R | Spr R | Spr R | Spr R |
| 2-4 | - | Spr R | Spr R | Spr R | Spr R |
| 5-10 | - | - | Spr R | Spr R | Spr R |
| 11-20 | - | - | - | Spr R | Spr R |
| >20 | - | - | - | - | Spr R |
| Notes to Table 11.2.1.3.: | |
|
|
|
| (1) | Dwelling Units |
| (2) | The creation of dwelling units over the previous 5 years from the date of the proposed building permit application |
| (3) | Sprinklers Required |
11.2.1.4. Upgrade Requirements for One and Two Family Dwellings
1) Except as required in Sentence (4) and Subsection 11.4, where an alteration is made to a one-family dwelling or two-family dwelling, the level of upgrade shall conform to Sentence (2), provided
a) the alteration is not a change of major occupancy,
b) the alteration does not create more dwelling units,
c) all new work is in compliance with this By-law, and
d) the value of the alteration is less than or equal to 50 per cent of the replacement value of the existing building (see Appendix A).
2) Where the provisions of Sentence (1) apply to an alteration to a one-family dwelling or two-family dwelling,
a) all unsafe guards, handrails and stairs shall be upgraded to the satisfaction of the Chief Building Official,
b) smoke alarms shall be installed in conformance with Subsections 3.2.4. and 9.10.19.,
c) carbon monoxide alarms shall be installed in conformance to Subsections 6.2.4. and 9.32.4.,
d) all existing exterior wood frame walls shall be anchored to existing concrete foundation
walls for seismic resistance where the proposed scope of work will expose all foundation
walls and interfacing exterior wood frame walls, and
e) the energy efficiency of the building shall be upgraded in conformance with Table 11.2.1.4.
| Table 11.2.1.4. Energy Efficiency Upgrade for One and Two Family Dwellings |
|
| Const. Value ($) | Upgrade Level |
| ≤5K | Not Required |
| >5 ≤25K | A(A) and B(B) |
| >25 ≤50K | A, B, and C(C) |
| >50K | A, B, C and D(D) |
3) Where the value of the alteration to a one family or two family dwelling exceeds 50 per cent of the replacement value of the existing building, a sprinkler system shall be installed throughout the building.
(See Appendix A.)4) Where an alteration to a one family or two family dwelling does not fall within the scope of Clauses (1)(a) or (b) and Subsection 11.4., the building shall be upgraded to an acceptable level as determined by the upgrade mechanism model in Division B Appendix A.
11.2.1.5. Self-contained Separated Spaces
1) Where an alteration to a building is a self-contained volumetric space that is separated from the remainder of the building by a non-combustible vertical or horizontal fire separation with a 2 h fire resistance rating, the upgrade requirements of this Part do not apply to the remainder of the building provided
a) the self-contained volumetric space is upgraded in conformance with this By-law,
b) the self-contained volumetric space does not exit through the remainder of the building,
c) a non-combustible vertical fire separation with a 2h fire resistance rating is constructed as a continuous vertical fire separation from the building foundation to the underside of the roof sheathing,
d) a non-combustible horizontal fire separation with a 2h fire resistance rating is constructed as a continuous horizontal fire separation of the building and terminates at the exterior cladding of the exterior walls of the building, and
e) the self-contained volumetric space does not reduce the existing structural capacity
of the building.
2) Where a horizontal addition to a building is a self-contained separate volumetric space that is separated from the remainder of the building by a non-combustible vertical fire separation with a 2h fire resistance rating, the upgrade requirements of this Part do not apply to the remainder of the building, provided
a) the self-contained separate volumetric space is upgraded in conformance with this By-law,
b) the self-contained separate volumetric space does not exit through the remainder of
the building, and
c) the non-combustible vertical fire separation with a 2h fire resistance rating is constructed as a continuous vertical fire separation from the building foundation across the entire interface of the existing building and the addition, and
d) the self-contained separate volumetric space does not reduce the existing structural
capacity of the building.
11.2.1.6. Relocated Buildings
1) Where a building is relocated from another municipality to the City, from another lot within the City or within its existing lot, the building shall be upgraded to Design Upgrade Levels F4, S4, N4, A4 and E4, as determined by the upgrade mechanism model in Division B Appendix A.
11.2.1.7. Relocated Property Lines
1) Where property lines are relocated closer to a building, the building shall be upgraded to conform to the spatial requirements, fire department access requirements and means of egress requirements of this By-law or the applicant shall demonstrate that the relocated property lines and the existing building configuration comply with this By-law.
11.2.1.8. Demolished Buildings
1) Where a building is being demolished in whole or in part, the demolition work shall conform to the requirements of Part 8 and any part of the building that remains after demolition shall be upgraded in conformance with Article 11.2.1.2.
11.2.1.9. Damaged Buildings
1) Where a building has been damaged, all work necessary to reconstruct the damaged portions of the building shall conform to this By-law and the Fire By-law and the remainder of the building shall be upgraded in conformance with Article 11.2.1.2.
11.2.1.10. Fire Department Order
1) Where an order issued under the Fire By-law requires upgrading of a building, the Chief Building Official may allow deviations from this By-law.
11.2.1.11. Specific Upgrade Requirements for Float Homes and Marinas
1) Except as permitted by Sentence (2), where a marina is altered, all new work shall comply with Subsection 12.2.2. and the marina shall be upgraded to an acceptable level as determined by the upgrade mechanism model in Division B Appendix A.
2) Except as required by Sentence (3), Sentences 12.2.2.2.(1), 12.2.2.3.(3), 12.2.2.6.(1), 12.2.2.6.(2), 12.2.2.7.(1), and 12.2.2.8.(1) need not apply to a marina.
3) Where the total value of the alteration to a marina exceeds 50 per cent of the value of the marina as determined at the application stage for the alteration, then the marina shall comply with this Subsection 12.2.2.
4) Where a float home is altered, all new work shall comply with Subsection 12.2.2 of Division B and this By-law, and the float home shall be upgraded to an acceptable level as determined by the upgrade mechanism model in Division B Appendix A.
