Renovations and Part 11 of the Ontario Building Code

One of the most common questions we receive from contractors and adjusters alike is with respect to Part 11 of the OBC. More specifically, what is acceptable to remain under Part 11 and what needs to be upgraded following a loss and subsequent tear out (e.g. fire, water, tornado, etc). The majority of questions seem to revolve around houses, since there are a large number of homes that are found to be non-Code compliant following a loss. Some of the more common questions will be addressed in this article.

Insulation

The most common question we get is with respect to insulation in existing homes. Typically, this would revolve around 2x4 framed exterior walls that had R14 insulation in them prior to a loss or a cathedral ceiling section of roof, particularly in old 1.5 storey homes that often only had 2x4 rafters. Unless you strap out the 2x4 rafters, it is not physically possible to get an R31 insulation in these roof cavities, and sometimes it is just not possible to strap out the rafters without significant and expensive design changes to the home.

The answer to the insulation question is, unfortunately, not a straightforward one. There is a compliance alternative, C199, which refers to insulation and allows for existing acceptable. However, this clause refers to 12.2.1.1.(3). This subsection deals with energy efficiency requirements before January 1, 2017. There is a separate subsection (12.2.1.2) that deals with energy efficiency requirements after December 31, 2016. And this one is not currently referenced at all in Part 11 of the Code, which leaves this area open to interpretation by individual building departments.

We have reached out to the Ministry of Municipal Affairs and Housing in the past to seek clarification on this issue from one of their Building Code Consultants. They have confirmed with us that the intent of the Code has not changed and that it is appropriate to consider insulation to still fall under Part 11 of the Code. However, they admit that it is not clearly defined in the current Code. They have provided us with various suggestions for Code wordings to use that help support the intent of the Code for negotiating with municipalities to adopt a Part 11 view when it comes to insulation. However, at the end of the day, they state that it is up to each municipality to interpret the Code as they deem appropriate.

We have found that in our experience, most municipalities still allow insulation to go back per existing in accordance with Part 11. However, some municipalities have taken the stance that insulation is not covered under Part 11 and insist that it be brought up to current Code requirements. When this happens, the building department unfortunately is the ultimate authority on the matter. We have occasionally been able to successfully negotiate with building departments, but not always. We are hopeful that future versions of the OBC more clearly define insulation requirements in Part 11.

Framing

Framing for houses is deemed “Existing is acceptable” under compliance alternative C187. If the framing does not meet current Code requirements, it is suitable to remain. Likewise, framing that is undersized can be replaced in kind if it is charred, cut by the fire department, etc during a repair.

There are some notable exceptions to this. Anything deemed to be a life safety issue is not governed by Part 11 and must be upgraded. For example, if framing is showing signs of cracking, sagging, twisting, etc that indicate it cannot safely support the intended loads, this is a life safety concern and the framing needs to be upgraded.

What is considered a “life safety issue” is rather subjective, which leaves framing somewhat open to interpretation by various parties (e.g. Engineers, Building Inspectors, etc). Like insulation, the building inspectors are the ultimate authority. However, we rarely encounter disagreement related to recommended framing upgrades with Building Departments. When we do, typically a site meeting to discuss with the inspector and/or others, complete with a follow up letter stamped by an engineer at our firm is enough to satisfy issues.

The other exception depends on the scale of the repairs. Let’s say your roof is stick framed and the rafters are too small to meet Code requirements. Replacing a small section of rafters is fine. But if half your roof framing is damaged and needs to be repaired, then it is unlikely that you will be able to repair this as per existing framing conditions. You’ll likely need to replace the entire roof with a new Code compliant roof. Typically, when you encounter these large scale repairs, it makes more economic sense to replace the entire component anyways, so this is rarely an area that is in dispute between any of the parties.

Guards and Handrails

Often fires are inside houses and there’s no damage at the exterior of the house. But then the municipality is requesting new guards and handrails at the exterior of the house, which had nothing to do with the fire. We are regularly asked why this should be an issue and why insurance should need to upgrade these items. Part 11 deems existing handrails (C113) and guards (C114) “acceptable, unless considered unsafe by chief building official”. So unfortunately, if the municipality asks for these upgrades, even if they were completely unaffected by the fire, they are required upgrades and not protected by Part 11.

Fire Separations

The number of times we have been to a house that was converted to a duplex, triplex, or some other multi-dwelling unit but no fire separations were ever installed during this conversion is too high to count. This seems to be one area that most people know is not protected by Part 11, but we do get enough questions about this that warranted a brief discussion. Fire Separations are classified as a life safety concern, and as such they must be installed or upgraded during restoration/renovation work following a loss. However, typically only the actual areas that are touched need to be upgraded. If the ceiling finishes in the back half of the main level are not affected and are remaining in place, but the front half of the main level ceiling is gutted and needs to be a fire separation, typically only this front half that’s been gutted needs to be upgraded.

Hopefully, this helps clarify a few of the more common questions. But if you ever have questions and need some answers, give us a call and we’re happy to chat with you and help you sort out your restoration Code Upgrade issues with you.