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CITY OF VANCOUVER POLICY REPORT
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Date: |
May 7, 2004 | |
Author: |
John Robertson | |
Phone No.: |
7522 | |
RTS No.: |
04109 | |
CC File No.: |
113 | |
Meeting Date: |
May 18, 2004 |
TO: |
Vancouver City Council |
FROM: |
Chief Building Official in consultation with the Director of Legal Services. |
SUBJECT: |
General Amendments to the Vancouver Building By-law pertaining to
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RECOMMENDATION
A. THAT Council approve in principle the proposed amendments to the Building By-law as described in this report.
B. THAT Council authorize the Director of Legal Services to bring forward the by-law amendments substantially as described in Appendix A to this report.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A and B.
COUNCIL POLICY
Under the Vancouver Charter, the City may pass By-laws to regulate the construction of buildings and adopt a code relating to the construction of buildings, with additional changes that Council considers appropriate.
On March 9, 2004 Council approved changes to permit secondary suites within the RS, RM, and RT zones. At the same time, Council instructed the Director of Legal Services to bring forward a by-law to amend the Building By-law to the extent that she and the Chief Building Official consider necessary to implement the changes approved by Council to the building regulations pertaining to secondary suites.
On March 23, 2004 Council approved changes to the Building By-law pertaining to upgrading of existing buildings.
BACKGROUND
The building regulations governing the conversion of a one family dwelling to include a permanent secondary suite have, since April 24, 1990 required that the secondary suite be sprinklered. Prior to this date, sprinklering of the secondary suite was often necessary in situations where it was difficult to achieve the upgrade requirements of the Building By-law, such as the provision of an effective fire separation between suites.
The steady proliferation of secondary suites throughout Vancouver has presented the City with a difficult and largely intractable problem, as outlined in the recent Council Report on this issue. The result has been that of the estimated 25,000 secondary suites in the City, only 1,500 have been legally approved or inspected as permanent suites. Consequently, the majority of secondary suites constructed prior to 1990 have not been sprinklered and could contain unsafe and hazardous conditions. In this circumstance, it has been proposed to relax the retrofit requirement to sprinkler existing one family dwellings containing a secondary suite and place more emphasis in the regulations on the enforcement of a basic level of fire and life safety requirements including interconnected hard wired smoke alarms.
DISCUSSION
Appendix A contains the proposed changes to the Building By-law as required to implement the intent of the changes to the Building regulations pertaining to secondary suites as approved by Council on March 9, 2004. These changes include:-
1. Installation of interconnected hard wired smoke alarms provided with battery back-up and manually operated silencing devices in accordance with the Building By-law.
2. Existing separations finished with gypsum wallboard or plaster and lath to be acceptable as smoke separations intended to remain in place for sufficient time to permit occupants to leave the building.
3. Minimum headroom reduced to 6'- 6" (1980 mm) over 80% of the suite area and all egress routes.
4. Upgrade of the existing electrical service capacity so as to accommodate the additional power demand of the secondary suites. Existing electrical outlet boxes are not required to meet current code regarding number and location, however, in order to maintain a minimum acceptable level of electrical and fire safety, the secondary suite may have to be provided with additional electrical outlets in the kitchen, living room and bedroom areas.
It should be noted that the approval by Council on March 23, 2004 of the report on upgrading of existing buildings has already removed the requirement for sprinklering of secondary suites unless the cost of the improvements to construct the suite exceeds 50% of the replacement value of the building. In reviewing the objectives stated for upgrading of existing buildings as approved by Council on March 23, 2004 it is recommended to further modify the upgrade provisions for secondary suites to reflect a basic level of fire and life safety as outlined in the report. Accordingly it is proposed to make the following additional changes:-
1. To modify the requirements to reflect the fact that sprinklers will not be required in secondary suites.
2. To waive upgrading for spatial separation of buildings except for new window openings.
3. To remove upgrade requirements other than those required to address major fire and life safety requirements or unsafe conditions, e.g. existing stair rise and run permitted unless deemed an "unsafe condition".
The March 9, 2004 report also contained the recommendation that all new one family dwellings constructed after implementation of these revised regulations be required to either construct a secondary suite with the building or to make provision for a secondary suite to be constructed in the future with minimal disruption, termed "suite ready". Accordingly, changes to the Building By-law in Appendix A outline the changes required to accomplish this objective. These changes include:-
1. Provision of a fire separation between the principal dwelling and the secondary suite which has a fire resistance rating of 45 minutes and the required sound control per Section 9.11 of the Building By-law.
2. Provision of full interconnection of smoke alarms equipped with a battery back up and manually operated silencing devices throughout the secondary suite and the primary dwelling unit.
3. Provision for electrical service capacity to be sufficient to include the power demand of a secondary suite, and with all required electrical outlets installed in accordance with the Electrical By-law.
4. Provision under the By-law to permit a one family dwelling with a secondary suite to be evaluated as a one family dwelling, provided the above requirements are met. This will simplify the regulations and avoid triggering additional regulations pertaining to duplex dwellings which would otherwise apply.
While every attempt will be made to facilitate future inclusion of a secondary suite within a newly constructed one family dwelling, it is recognized that there will be situations where constructing the building as "suite ready" may not be compatible with the layout and function of the dwelling as proposed, or could present a significant degree of uncertainty in attempting to establish the likely location of a future secondary suite. It is proposed therefore within the Building By-law to afford the Chief Building Official and the Director of Planning the discretionary power to waive these suite ready requirements where appropriate.
It should be noted that if a future conversion to secondary suite is proposed, these relaxations permitted under Part 10 would not be available and the installation would be required to meet the provisions of Part 9 of the Building By-law.
Three additional minor changes to the Building By-law are also proposed. These are:-
1. Deletion of the definition for a moratorium suite which will now revert to being included under the definition of a secondary suite.
2. Modification of the definition for a secondary suite and addition of definitions for a one family dwelling with secondary suite and a potential secondary suite.
3. Addition of a requirement to locate gas shut off valves in a common area of a newly constructed one family dwelling with a secondary suite, so that the valves would be accessible to the occupants of both the principal dwelling and the secondary suite in an emergency.
IMPLEMENTATION PLAN
Should Council approve these amendments, staff recommend that they be enacted without undue delay. If Council adopts the amendments proposed in this report, they will only be applicable for building permit applications made on or after the enactment date of the By-law amendments. This should give sufficient time for incoming designs to be modified as required to accommodate a secondary suite in a new one family dwelling.
CONCLUSION
The proposed amendments to the Building By-law pertaining to secondary suites reflect Council's policy in this area and provide an enhanced level of flexibility to home owners whilst maintaining safety standards at a level which it is anticipated will receive more widespread acceptance than is the situation currently. This will provide for an overall improvement over time by addressing basic fire and life safety concerns with the current stock of illegal secondary suites.
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APPENDIX A
Changes to accommodate the revised regulations for Secondary Suites.
PART 1 - Scope and Definitions
1.1.3.2. Defined Terms
Delete the definition for a Moratorium Suite.
Add the following definitions:
One-family dwelling with secondary suite means a building containing only two dwelling units, of which the secondary suite is smaller than the principal residence, with internal access between the two units.
Potential secondary suite means any area of a one-family dwelling capable of construction or use as a secondary suite or designated for future construction or use as a secondary suite.
Replace the definition for a Secondary Suite with the following Definition:
Secondary suite means that area of a building that is or is intended to be a dwelling unit that is smaller than the principal residence in the same building where the two dwelling units have internal access between them.
PART 9 - Housing and Small Buildings.
Add the following Articles
9.1.1.3. One-Family dwelling and one-family dwelling with secondary suite
1) Construction of a one-family dwelling with secondary suite, or of a one-family dwelling that contains a potential secondary suite, shall meet the following requirements:-
a) the separation between the secondary suite or potential secondary suite and the principal residence in the same building shall be a fire separation with a fire resistance rating of not less than 45 minutes and a sound transmission class rating of not less than 50 in accordance with Section 9.11.;
b) the installation of smoke alarms in the secondary suite or potential secondary suite and in the principal residence in the same building shall comply with Subsection 9.10.18.;
c) the installation of electrical facilities in the secondary suite or potential secondary suite and the principal residence in the same building shall comply with Subsection 9.34.1.; and
d) the location of gas shut off valves controlling the flow of gas to appliances in the secondary suite or potential secondary suite and the principal residence in the same building shall be such as to be readily accessible to occupants having access to the appliances served by such valves.
2) Article 9.1.1.3. does not apply to the construction of a one-family dwelling if:
(i) future construction or use of an area of the building as a secondary suite would not be compatible with the lay-out and function of the building or would be impractical; as determined by the Chief Building Official; or
(ii) the Director of Planning relaxes the requirements of Article 9.1.1.3. on the ground that enforcement would result in unnecessary hardship. (See Appendix A).
9.1.1.4 One-Family Dwellings with Secondary Suites
1) One-family dwellings with a secondary suite are permitted to be classified as a one-family dwelling provided that the building is constructed in conformance with the requirements of Sentence 9.1.1.3.(1)
Add new sentence 9.10.18.1.(2) to read as follows:
9.10.18.1.(2) "Each smoke alarm installed in a one-family dwelling with a secondary suite conforming to Article 9.1.1.3. shall be provided with a battery back up and with a manually operated device incorporated within the circuitry of the smoke alarm so that it will silence the signal emitted by the smoke alarm for a period of not more than 10 min, after which the smoke alarm will reset and again sound the alarm if the level of smoke in the vicinity is sufficient to reactuate the smoke alarm".
Add new sentence 9.10.18.4.(2) to read as follows:
9.10.18.4.(2) " All smoke alarms installed in a principal dwelling and in a secondary suite of a one-family dwelling with a secondary suite conforming to Article 9.1.1.3. shall be interconnected throughout the principal dwelling and the secondary suite in conformance with Sentence (1)."
Amend Sentence 9.34.1.1.(1) by replacing the wording "Electrical Safety Act" with the wording "Safety Standards Act";
Add new Sentence 9.34.1.1.(2) to read as follows:
9.34.1.1.(2) "In addition to the requirements of Sentence (1), electrical installations in a one-family dwelling with a secondary suite required to conform to Article 9.1.1.3. shall comply with the following:
a) The electrical service size shall be permitted to be based upon the demand load calculated on the total area of the dwelling unit, provided that:
i) for each electrical range additional to the first range, 6 kW demand shall be added for a rating of 12 kW or less, plus 40% of the amount by which the rating of the range exceeds 12 kW, and
ii) except for the electrical range referred to in paragraph (i) for each electrical heating appliance exceeding 1500 watts additional to those provided for one-family use, 100% of the rating of such appliance shall be added.
b) General circuit branch wiring shall be permitted to be interconnected between outlets located in the principal dwelling and the secondary suite;
c) a single panelboard shall be permitted to supply electrical loads of the principal dwelling and the secondary suite, provided that it is located within the building in a common area accessible to all occupants of the building.
10.3.3. Alternative Requirements to Facilitate Conversion of an Existing One-Family Dwelling to Include a Secondary Suite.
10.3.3.1. Secondary Suites
1) If a one-family dwelling constructed under a building permit issued prior to June 8th 2004 is, or was, altered to include a secondary suite, the alternative fire and general life safety requirements in Tables 10.3.3.1. shall apply to the entire building, and the requirements of Part 9 shall apply to all major additions.
Add new sentences (2) and (3) and renumber sentence (2) as Sentence (4) as follows:
2) Notwithstanding the requirements of Sentence 9.34.1.1.(1) for the installation and the number and distribution of circuits and receptacles, the following circuits and receptacles shall be provided in the secondary suite:
a) a minimum of two kitchen counter duplex receptacles supplied by two appliance circuits; and these receptacles shall be permitted to be wired on a single circuit or a split circuit for both; and
b) a minimum of two duplex receptacles located on different walls in each bedroom; and
c) a minimum of three duplex receptacles located on different walls in the living room
3) Notwithstanding Paragraph 9.34.1.1.(2)(c) a single existing panel board shall be permitted to supply electrical loads in the principal dwelling and in the secondary suite".
4) If the one-family dwelling referred to in Sentence (1) was constructed under a building permit issued prior to 25 April 1990, the building is exempt from the requirements for sprinklering provided:-
a) there are no major additions to the building,
b) the building is currently not sprinklered,
c) the cost of the renovations and improvements does not exceed 50% of the replacement cost of the building, and
d) the building is provided with smoke alarms conforming to sentences 9.10.18.1.(2) and 9.10.18.4.(2).
Table 10.3.3.1.
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Item |
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Windows In Side Yards |
Original openings may remain. New openings to conform to Part 9 |
Fire Compartmentation Separation between Secondary Suite and Principal Dwelling. Heating ducts that penetrate fire separations Plastic pipes for plumbing and sprinklers Suite entry doors in separation between secondary suite and principal dwelling |
Fire resistant combustible construction (1) No fire dampers or fire stopping required Permitted anywhere if tightly fitted or fire-stopped Existing solid core doors and frames in good condition are acceptable if unglazed or if glazed with wired glass. Doors to be provided with closers. |
Exits Egress from each suite Windows adjacent to exits |
Minimum of a single conforming exit is required from both the principal dwelling and the secondary suite. No requirements (2) |
Flame Spread Rating of Finishes
Remainder of building |
150 or less No requirements |
Heating Systems [See Section 9.33.] Furnace room enclosures |
No separation required but provide proper combustion air and required clearances from all equipment |
Smoke Alarms |
Interconnected smoke alarms shall be provided outside every bedroom, and at least one smoke alarm shall be provided on every storey. Smoke alarms shall be installed by permanent connections to an electrical circuit. (See Subsection 9.10.18.) Smoke alarms for unsprinklered suites shall be provided with battery backup and manual silencing devices which will silence the alarm for a period of 10 minutes, after which the alarm will continue to function.[see Sentence 9.10.18.1.(2)] |
Stairs |
Stair treads, rise and run shall to be reconstructed or modified to conform to Subsection 9.8.3. when
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Guardrail Protection |
Guards shall be provided around all stairways, balconies, landings, decks, and porches in accordance with Subsection 9.8.8. and Article 4.1.10.1. Existing guards may remain where they are structurally sound and a minimum of 900 mm high. |
Existing Headroom |
May be reduced to 1980 mm over 80% of the suite area and all egress routes. |
Unsafe Conditions |
Any condition that could cause undue hazard or risk to life, limb or health of any person authorized, expected or anticipated to be on or about the premises shall be corrected as required by the Chief Building Official. |
NOTES TO TABLE 10.3.3.1. (1) "Fire resistant combustible construction" shall mean existing lath and plaster in good condition, or minimum ½ inch gypsum wallboard on wood studs at maximum 600 mm on centre.
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10.3.3.2. Moratorium Suite - Deleted
Add the following Appendix note:-
A-9.1.1.3.(2) While it is recommended that every attempt be made to facilitate future inclusion of a secondary suite within a one- family dwelling, it is recognized that there will be situations where constructing the building as "suite ready" would not be compatible with the layout and function of the dwelling as proposed, or would present a significant degree of uncertainty in attempting to establish the likely location of a future secondary suite. It should be noted that if a future conversion to secondary suite is proposed, the relaxations permitted under Part 10 would not be available and that the conversion would be required to meet the provisions of Part 9.
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