Toronto Basement Apartments - What's Legal?

**This report sheds some light on this complicated subject.  We will look at basement apartments including:   Key concepts The history The evaluation process Four key issues The rules Inspections and their costs Where to get more information Definitions Is it 'legal'? 'Legal' involves five separate issues including - Do the local bylaws permit you to have a basement apartment? Does the apartment comply with the fire code? Does the apartment comply with basic building code requirements? Does the apartment comply with basic electrical safety requirements? Has the apartment been 'registered'? **We will look at these issues more closely.   Building code vs. fire code The Building Code prescribes minimum requirements for the construction of buildings. For the most part, the Building Code is a code that applies only the day the house was built. The code changes over the years, but we don't have to keep changing our houses to comply with the code. The code does not apply 'retroactively'. The Fire Code is a subset of the Building Code. It prescribes construction and safety  issues as they relate to how the building is required to perform should it catch fire. A significant distinction with the fire code is that it can apply retroactively. Basement retrofit   Now that we know that the Fire Code applies retroactively, we can see where the phrase " basement retrofit" comes from. A new Fire Code was developed that applies to basement apartments. The code applies retroactively, so all basement apartments whether existing or new must comply with the new Fire Code. All owners of homes with basement apartments were given a period of time to upgrade their homes to comply with the new Fire Code. This 'grace period' has long since passed. Certificate of compliance All basement apartments have to be inspected to verify that they are in compliance. Once this has been verified and any improvements completed, the apartment is given a 'certificate of compliance'. Bylaw       We mention this term here to make sure that we don't confuse bylaws with building codes. Bylaw in the context of basement apartments refers to whether you are permitted to have a basement apartment in your area and any special conditions involved. Bylaws are set by municipalities to keep people from being a nuisance to their neighbours. Codes are health and safety rules to protect occupants. Basement Apartments - The History   Prior to 1993, there was little to worry about. After 1993, a permit was required to change a home from single family to multi-family.  In 1994, the NDP government in Ontario said that we could ignore local bylaws that prohibited second dwelling units in houses if certain conditions were met. In 1994, the province set new Fire Code rules for basement apartments. A deadline was established for all existing basement apartments to upgrade to the new fire code. Upgrading to comply with the new fire code is called a "retrofit". The owners were allowed to apply for an extension for up to two years past the deadline if they had financial or logistical obstacles. Even with the extension, the deadlines have long since passed. In 1995, the provincial Conservative government told municipalities that they could enforce their bylaws regarding basement apartments. A grand-fathering clause says that apartments existing before November 1995 do not have to meet local bylaws.   The Evaluation Process   NEW UNITS    If you are thinking of adding a basement apartment here is the procedure - Check the Zoning Bylaw at City Hall Buildings Division to find out if basement apartments are allowed.  Check the Zoning Bylaw at City Hall Buildings Division to find out if basement apartments are allowed. You would then apply for a building permit. Keep in mind that you will have to comply with today's building codes.  EXISTING UNITS   This report will focus on existing homes with a single basement apartment. The first step is to check with Municipal Property Standards or the Fire Department for a Certificate of Compliance. If there is one, you are done! If the unit is not registered, you need to do some more work Verify that zoning bylaws permit a basement apartment. In most cases they do. The next step is to have the fire department inspect the home. They will verify compliance with the fire code. This is the most daunting part of the process because any deficiencies will have to be corrected by order of the fire marshal. The next step is to have the Electrical Safety Authority (which used to be called Ontario Hydro Inspection Department) inspect the electrical system. Once again, you will be required to make any improvements that are prescribed. If the apartment unit passes the inspections, the unit can be registered with Municipal (Property) Standards (If not, improvements may cost $15,000 or more).  Four Key Elements   Fire containment. Mean of egress. Fire detection and alarms. Electrical safety.  Let's look at each of these.   1. Fire Containment The goal is to contain the fire in the unit that the fire started, long enough to get all of the occupants out of the house. This means that any walls, floors, ceilings and doors between units should control the fire for at least a few minutes. These components are given ' ratings' of how long they will survive a direct fire before burning through. A 30 minute rating means that the component will control the fire for at least 30 minutes.    The typical requirement is a 30 minute separation between the units. Drywall and plaster are acceptable. but suspended (T-bar type) ceilings are not. The ceiling must be continuous. For example, this means that you can't have exposed joists in the furnace room - this area has to be drywalled or plastered as well. Doors should be solid wood or metal - at least 1¾ inch thick. 2. Means of Egress - Escaping the home The goal is to allow the occupants to get out of the house if there is a fire. There are two common situations; either each unit has its own exit, or there is a common exit. If each unit has its own exit, you are all set. If the units share an exit, it is more complicated.  A common exit is allowed if it is 'fire separated' from both of the units with a 30 minute rating. If the common exit is not appropriately fire separated, you can still use this common exit as long as there is a second exit from each dwelling unit and the fire alarms are interconnected (if one alarms, the others will alarm as well).    Here is an example: There is a common exit area but the common area does not have a 30 minute fire separation between both of the units. If there is an 'acceptable' window for an escape route and the smoke alarms are interconnected, we are all set. What is an acceptable window? The windowsill must be within 3 feet of grade. We don't want people jumping and breaking a leg. The smallest dimension is 18 inches. The opening is at least 600 square inches (30 inches by 20 inches for example) If there is a window well on a basement window, it must extend 3 feet out from the house wall, to allow room to crawl out. 3. Fire detection    All units must have smoke alarms. The owner of the property is responsible for ensuring that there are smoke alarms and that they are maintained. The smoke alarms do not have to be interconnected unless the fire separation to the common exit area does not have a 30 minute rating (Note: It must have at least a 15 minute rating). A carbon monoxide detector (CO detector) may be required by the city. 4. Electrical Safety An electrical inspection by the Electrical Safety Authority is required. The Electrical Safety Authority used to be called Ontario Hydro Inspection Department. All deficiencies must be addressed.  General Rules Here are a few rules that your apartment must meet. All bathrooms need either a window or an exhaust fan If there is a parking spot for one of the units, there must also be a parking spot for the other unit (yes, you read it correctly!) The minimum ceiling height is 6 feet 5 inches The entrance door size must be at least 32 inches by 78 inches Inspections and their costs As we already pointed out, two inspections are required, fire code inspection and electrical safety inspection. Once the inspections are done, you will be required to make the prescribed improvements. Improvements may be minor, but can cost $15,000 or more. There is lots of room for the inspectors to be more or less 'strict'. In municipalities that encourage basement apartments, the inspection may be lest strict. In municipalities that discourage basement apartments, the inspection may be more strict. Inspections for fire code compliance cost between $120 and $300. Inspections for electrical safety cost $72. The consequences If you are going to represent the property as two family, verify that it is registered with Municipal Property Standards. Failure to comply can result in a $25,000 fine and one year jail term. More information: The Second Suites kit from City of Torontois a useful reference. Contact Shelter, Housing and Support at416-397-4502.

Basic Waterproofing for Basements

Source: NACHI mold basement   Water Damage Concerns Basements are typically the area of a structure most at risk for water damage because they are located below grade and surrounded by soil. Soil releases water it has absorbed during rain or when snow melts, and the water can end up in the basement through leaks or cracks. Water can even migrate through solid concrete walls via capillary action, which is a phenomenon whereby liquid spontaneously rises in a narrow space, such as a thin tube, or via porous materials. Wet basements can cause problems that include peeling paint, toxic mold contamination, building rot, foundation collapse, and termite damage. Even interior air quality can be affected if naturally occurring gasses released by the soil are being transmitted into the basement. Properly waterproofing a basement will lessen the risk of damage caused by moisture or water. Homeowners will want to be aware of what they can do to keep their basements dry and safe from damage. Inspectors can also benefit from being aware of these basic strategies for preventing leaks and floods. Prevent water entry by diverting it away from the foundation Preventing water from entering the basement by ensuring it is diverted away from the foundation is of primary concern. Poor roof drainage and surface runoff due to gutter defects and improper site grading may be the most common causes of wet basements. Addressing these issues will go a long way toward ensuring that water does not penetrate the basement. downspout extension too short swales Here are some measures to divert water away from the foundation: Install and maintain gutters and downspouts so that they route all rainwater and snow melt far enough away from the foundation of the building to ensure that pooling does not occur near the walls of the structure. At least 10 feet from the building is best, and at the point where water leaves the downspout, it should be able to flow freely away from the foundation instead of back toward it, and should not be collecting in pools. The finish grade should be sloped away from the building for 10 to 15 feet. Low spots that may lead to water pooling should be evened out to prevent the possibility of standing water near the foundation. Shallow ditches called swales should be used in conditions where one or more sides of the building face an upward slope. A swale should slope away from the building for 10 to 15 feet, at which point it can empty into another swale that directs water around to the downhill-side of the building, leading it away from the foundation. basement cracks Repair all cracks and holes If leaks or seepage is occurring in the basement's interior, water and moisture are most likely entering through small cracks or holes. The cracks or holes could be the result of several things. Poor workmanship during the original build may be making itself apparent in the form of cracks or holes. Water pressure from the outside may be building up, forcing water through walls. The house may have settled, causing cracks in the floor or walls. Repairing all cracks and small holes will help prevent leaks and floods. Here are some steps to take if you suspect that water is entering the basement through cracks or holes: Identify areas where water may be entering through cracks or holes by checking for moisture, leaking or discoloration. Every square inch of the basement should be examined, especially in cases where leaking or flooding has not been obvious, but moisture buildup is readily apparent. A mixture of epoxy and latex cement can be used to fill small hairline cracks and holes. This is a waterproof formula that can help ensure that moisture and water do not penetrate basement walls. It is effective primarily for very small cracks and holes. Any cracks larger than about 1/8-inch should be filled with mortar made from one part cement and two parts fine sand, with just enough water to make a fairly stiff mortar. It should be pressed firmly into all parts of the larger cracks and holes to be sure that no air bubbles or pockets remain. As long as water is not being forced through basement walls due to outside pressure, the application of mortar with a standard trowel will be sufficient if special care is taken to fill all cracks completely. If water is being forced through by outside pressure, a slightly different method of patching with mortar can be used. Surface areas of walls or floors with cracks should first be chiseled out a bit at the mouth of the crack and all along its length. Using a chipping chisel and hammer or a cold chisel, cut a dovetail groove along the mouth of each crack to be filled, and then apply the mortar thoroughly. The dovetail groove, once filled, should be strong enough to resist the force of pressure that was pushing water through the crack. sodium-silicate sealant Apply sodium-silicate sealant to the walls and floor Once all runoff has been thoroughly diverted away from the foundation, and all cracks and holes have been repaired and no leaking is occurring, a waterproof sealant can be applied as a final measure. Sodium silicate is a water-based mixture that will actually penetrate the substrate by up to 4 inches. Concrete, concrete block and masonry have lime as a natural component of their composition, which reacts with the sodium silicate to produce a solid, crystalline structure which fills in all the microscopic cracks, holes and pores of the substrate. No water vapor or gas will be able penetrate via capillary action because the concrete and masonry have now become harder and denser from the sodium silicate. Here are some steps and tips for its application: Special care should be taken when applying sodium silicate. It is an alkaline substance and, as such, can burn skin and eyes if it comes into contact with them. Inhalation can also cause irritation to the respiratory tract.   Sodium silicate must be applied only to bare concrete, concrete block or masonry that has been cleaned thoroughly and is free of any dirt, oil, adhesives, paint and grease. This will ensure that it penetrates the substrate properly and fills in all microscopic cracks. It can be applied using a garden sprayer, roller or brush to a surface that has first been lightly dampened with a mop or brush. Apply two to three coats to the concrete, waiting 10 to 20 minutes between each application. Concrete block and masonry will take three to four coats, with the same 10 to 20 minutes between applications. Any excess should then be wiped away. Sodium silicate should not be over-applied or it will not be completely absorbed by the substrate, leaving a white residue. Paint can then be applied without fear of water vapor getting trapped between the paint and the wall, which could eventually cause blistering and peeling. Adhesives for tile or floor covering can also be used more effectively, once the substrate has been sealed. Diverting water away from foundations so that it does not collect outside basement walls and floors is a key element in preventing flooding and water damage. Ensuring that any water that does end up near basement exteriors cannot enter through holes or cracks is also important, and sealing with a waterproof compound will help prevent water vapor or gas from penetrating, as well. By following these procedures, the risk of water-related issues in basement interiors can be greatly reduced, protecting the building from damage such as foundation rotting, mold growth, and peeling paint, as well as improving the interior air quality by blocking the transmission of gasses from the soil outside.