Requirements For a Basement Apartment Legalization in Most of GTA Municipalities

In 2010, the Ministry of Municipal Affairs and Housing released Building Foundations: Building Futures, Ontario’s Long-Term Affordable Housing Strategy (LTAHS). As part of the strategy, Bill 140: Strong Communities through Affordable Housing Act, 2011 was introduced to Provincial Parliament on November 29, 2010 and received Royal Assent on May 4, 2011.

Read about requirements for a basement apartment legalization in most of GTA municipalities

Town of Ajax 

Legal basement apartments are permitted in Town of Ajax in all residential zones, excluding RM4, RM5, and RM6. To permit an basement apartment  must meet the following requirements:

• Minimum of three off-street parking spaces - Two parking spaces for the principal dwelling unit and one additional parking space for the basement apartment.
• Minimum gross floor area of 25 m² (269 ft²) and the total gross floor area of the accessory apartment is not more than the ground floor area of the dwelling in which it is located.
• Basement apartments used or occupied on/or before Nov 16, 1995 are not required to meet the zoning requirements as Section 76(1) of the Planning Act "grandfathers" these basement apartments, however a building permit is required.
• When the House is less than five years old, the basement apartment is reviewed under Part 9, Division B of the Ontario Building Code, the construction requirements of the Ontario Building Code are more restrictive.
• Typical Building Code requirements are as follows:
• Minimum window areas for light are 10% of the floor area for living/dining rooms, and 5% of the floor area for bedrooms 45 minute fire separation
• Separate heating systems
• Hard-wired, interconnected smoke alarms located within each dwelling unit and all shared areas
• Carbon monoxide detectors, within each dwelling unit adjacent to each sleeping area

Town of Aurora

• Only one unit is permitted to have a home occupation.
• Basement apartments are not permitted in buildings located within the flooding and erosion hazard limits of all watercourses.
• Basement apartment registration fee: $150 and $75 if additional inspections are required.

Town of Bradford West Gwillimbury 

• Permitted in a detached home, semi-detached home or place of worship, and shall be located entirely within the same main building
• One basement apartment per lot
• No more than one entrance to a house is contained within the front facade and the entrance to the basement apartment must not be located within a private garage
• Minimum size to be 38 m² (409 ft²) and the maximum size to be 45% of the gross floor area of the principal building
• One additional parking space per unit
• If located in an area serviced by private servicing, the lot must be of an adequate size and the private waste disposal system must be sized to accommodate the basement apartment. Furthermore, if there is a private water supply, this water supply shall be adequate to accommodate the basement apartment. Approval is required from The Region of York or appropriate approval agencies for the provision of adequate water supply and sewage facilities.

Registration fee for basement apartment is $1,000

City of Brampton will approve legal basement apartments very soon

Brampton’s Official Plan permits basement apartment through a rezoning process. Only basement apartments that were built before November 16, 1995 and were registered with the City of Brampton before January 31, 2006 are considered legal.

About 3,000 homes in Brampton have legal basement apartments that homeowners built after the Government proclaimed Bill 120. For these units to be legal, the owners had to have built them before November 16, 1995 and the owners had to have registered them with the City of Brampton before January 31, 2006 or they had to have legal non-conforming status.

The City of Brampton strictly prohibits homes that owners have subdivided their houses into more than two units, unless the City has specifically zoned the property to permit multiple dwelling units. The City of Brampton has zoned only very few houses as triplexes.

All legal registered basement apartments in Brampton had to comply with the Building Code and Fire Code when the City approved them. If the owner afterwards modified the home or added more units, the owner would have had to get a building permit and arrange for City staff to inspect the property before construction could begin.

The current zoning of City of Brampton with an estimated 30,000 illegal basement apartments, does not permit new basement apartments. According to the current zoning by-law If you did not have a basement apartment in your home before November 16, 1995, you cannot add one in Brampton.

Currently you have to request the City of Brampton  to change the zoning bylaw before it can permit a new basement apartment. Requesting  the City of Brampton to change the zoning bylaw requires you to submit a zoning bylaw amendment application and a fee of $7,759 to the City’s Planning, Design and Development Department. The staff of the department will process your application and recommend whether City Council 

should approve your application to change the zoning bylaw. The rezoning process includes:

• City staff holding a public meeting to allow anyone living within 800 meters of your property line -- or any other person interested in your application -- to comment.
• You post a sign on the property, detailing the nature of your application.
• City Council decides whether to approve or refuse to change the zoning.
• You or anyone who attended the public meeting, expressed a view or made a written submission can appeal City Council’s decision on your zoning application to the Ontario Municipal Board. The zoning amendment process can take about six months to a year to complete. For further information on how to apply for a zoning amendment, contact the Planning, Design and Development Department at 905-874-2090.

Basement apartments in Brampton will continue to require a rezoning application until policies and zoning by-law provisions to permit them are in place as per Bill 140. In response to direction in Bill 140 for municipalities to permit second units, City of Brampton is required to implement policies in the Official Plan and performance standards in the Zoning By-law. City of Brampton will modify their by-law to further accommodate Bill 140 and changes to the Planning Act.

Following  the release of the Province’s Long-Term Affordable Housing Strategy, Planning staff provided a Status Report to Planning, Design and Development Committee on April 4, 2011, the City staff was directed to propose a course of action for reviewing the City’s Official Plan and Zoning By-law in order to achieve conformity with the new requirements of the Planning Act. A second Status Report was presented at the November 21, 2011 Planning, Design and Development Committee meeting, outlining how the City staff plans to implement the legislation through a policy, by-law and licensing review. The report recommended that a Technical Advisory Committee be established to oversee the policy review. An inter-departmental team has been created and includes staff from the Chief Administrator's Office, Planning, Building, By-law 

Enforcement and Fire & Emergency Services. A Recommendation Report was presented to Committee of Council meeting of May 16, 2012, seeking direction to proceed with the Open Houses (public consultation sessions) across the City. Five public consultation sessions were held during the month of June 2012 to receive input on the Second Units Policy Review. The presentations are available in English, Punjabi and 

Hindi.  Following these sessions, a Public Consultation Summary Report was prepared by Lura Consulting. Two additional Open Houses (public consultation sessions) were held in May 2013 and June 2013 to provide additional opportunity to comment on the City’s proposed approach for permitting Second Units in Brampton.  A second Recommendation Report was presented to Committee of Council Meeting of June 12, 2013 to present the results of the Open Houses and a refined approach.  A statutory Public Meeting was held on October 7, 2013 to provide the public an opportunity to comment on the City’s draft Official Plan Amendment and draft Zoning By-law Amendment for permitting second units.

For more information on the City’s policy review for basement apartment please contact City of Brampton's Policy Planner, Land Use Policy Daniella Balasal, by phone 905-874-2061;   via  fax 905-874-2099;    by email    daniella.balasal@brampton.ca  

City of Burlington - Requirements to legalize basement apartment        

• Allowed only in detached homes          
• Minimum Basement Apartment floor Area – 42 m² (452 ft²)
• Maximum Basement Apartment floor Area – 30% of the total floor area of the house
• Minimum frontage of the Lot 15 m (50 ft)
• Minimum rear yard of the Lot - 135 m² (1,453 ft²)
• One parking space per basement unit (two parking spaces are required in some instances)
• Driveway maximum width– 7.35 m (24 ft) on 15 m (50 ft) lots
• Maximum hard surface – 50%
• No parking in rear yard
• Separate exterior entrance required but prohibited on front elevation

The City of Cambridge - Requirements to approve a legal basement apartment

The City of Cambridge Draft Official Plan – Public Consultation Draft June 2011 2.8.2.8 Residential Lands, Secondary Residential Unit The City will encourage the establishment of a secondary residential unit within or attached to the existing residential buildings in all zones where residential uses are permitted without amendment to the City’s Zoning By-law. Secondary residential units must be in accordance with the 

following criteria:

• appropriate parking arrangement can be accommodated on the property;
• no separate access to a municipal road is required;
• the secondary residential unit is compatible with neighbouring residential properties and the surrounding residential neighbourhood;
• adequate potable water and wastewater treatment is available to accommodate the secondary residential unit;
• the secondary residential unit is subordinate in scale and function to the main dwelling unit; and
• compliance with the City’s minimum standards of maintenance and occupancy, and other applicable legislation.

City of Guelph - By-law requirements to legalize a basement apartment

• Permitted within a single-detached or semi-detached houses
• One additional off-street parking space required - must have a double driveway. To avoid street accessibility issues, requiring two parking 
• spaces to be accessible at all times provides the opportunity for one car from each unit to have
• direct access to the roadway.
• Maximum size to be 80 m² (860 ft²) and not more than 45% of the principal dwelling’s total floor area
• Maximum of two bedrooms
• External appearance of the front facade of the house must be preserved
• Must preserve front facade
• Maintain single entry (i.e. rear yards not to be divided)

Basement Apartment Registration Fee: $100 - But 5-year period without fee to encourage existing units to be legalized

Town of Georgina - Requirements to legalize a basement apartment

• Permitted within a single family home, semi-detached home or townhouse
• One basement apartment permitted per lot
• Only one entrance to a house is permitted on the front facade
• Four parking spaces are required
• Not permitted within any house serviced by a private septic system which is located within 100 m of the Lake Simcoe shoreline or any permanent stream
• Not permitted in lands affected by flooding, erosion or located within hazardous lands identified by the Lake Simcoe Region Conservation 
• Authority, unless a permit is issued by the Conservation Authority

City of Hamilton allows to legalize basement apartments

• Ward specific - Allowed singles and semi-detached homes, varies by ward
• Can be appropriately serviced
• Minimum two on-site parking spaces must be provided
• No alteration to external appearance
• Must preserve streetscape character
• No impact on surrounding neighbourhood

Kitchener now allows legal basement apartments

Kitchener already allows for basement apartments in most areas of the city

City of Markham - Legal Basement Apartment Requirements  

• Permitted within any single or semi-detached houses
  
• No additional parking space required
  
• Must be secondary to primary dwelling
  
• No more than one basement apartment per lot
  
• Maximum basement apartment floor area not to exceed 45% of floor area of primary unit (as existed before basement apartment)
  
• Minimum basement apartment floor area 35 m² (376 ft²)
  
• Maximum driveway width is equal or greater of
  
• Garage Door width plus 2 m provided in the case of a lot with a lot frontage less than 10.1 m (33 ft), a minimum of 25% soft landscaping is 
  provided in the front or exterior yard in which the driveway is located and in the case of a lot with lot frontage 10.1 m (33 ft)or greater, a 
  minimum of 40% soft landscaping is provided in the front or exterior side yard in which the driveway is located or up to 6.1 m (20 ft), 
  provided a minimum of 40% soft landscaping is provided in the front or exterior side yard in which the driveway is located.
• Subject to property standards
  
• Not be conspicuous from the street or change appearance of dwelling
  
• No entrance through garage door
  
• Initial inspection by Fire Department $300. Basement Apartment Registration $150
  
• Inspection and Registration every 3 years
  

Town of Midland

• Permitted within a single-detached dwelling
• One basement apartment per single-detached house
• The external appearance of the front facade of the single-detached house or any other facade facing a street on which the lot has frontage shall 
• be preserved
• Minimum floor area of 35 m² (376 ft²) and shall not exceed 45% of the total floor area of the single-detached house or a maximum of 80 m² (861 
• ft²) in floor area
• Two parking spaces required (one for each dwelling unit)
• Basement apartment must be registered with Town of Midland every 3 years
• Building permit and inspection fees for existing units waived for a period of 1-year

.

Town of Milton - Requirements to allow legal basement apartments in Milton

Currently basement apartments in Town of Milton are permitted as per the Zoning By-law 144-2003 section 4.1.1.3 in a single detached houses only, provided that:

• Only one basement apartment unit shall be permitted per lot and shall be located within the main house;
• A minimum of one parking space per basement apartment unit is provided;
• The house must be on full municipal water and waste water services; and,
• The basement apartment shall not exceed a maximum size of the 65 m² (700 ft²)

Town of Milton will modify their by-law to further accommodate Bill 140 and changes to the Planning Act. Town of Milton was also designated an Urban Growth Centre by the Province of Ontario's Places to Grow Plan with which requires Town of Milton to "Intensify" population within a defined built boundary.  

City of Mississauga - Requirements to permit legal basement apartments in Mississauga

Mississauga City Council approved a plan to permit second units on July 3, 2013. The plan includes official plan policies, zoning regulations and licensing requirements. It will be in full force in January 2014. Legal second units must have a City of Mississauga licence.

• To be allowed in city wide - detached, semi-detached and townhouse (maximum one basement apartment per house)
• Minimum setback of 1.2 m for new entrances
• Basement apartment cannot change existing use of dwelling
• Minimum gross floor area of a basement apartment shall be 35m²  (377 ft²t)
• Basement apartment shall not occupy more than 50% of the gross floor area residential of the dwelling within which it is located
• A new pedestrian entrance facing a street or a private road or to facilitate a second unit, shall not be permitted;
• One on-site parking space for basement apartment in addition to required parking for dwelling. Tandem parking spaces to accommodate a basement apartment shall be permitted;
• Only one driveway per lot
• Prohibit new entrances facing street
• Prohibit exterior entrance above first floor
• Prohibit stairs, stairwells for entrances below grade facing a street
• Registration of Basement Apartment $500 for owner occupied home & $1,000 for investment property
• Investment license would require minor variance

The following documents are also required to apply for licence for a basement apartment.

• Letter from the Fire Chief stating that an inspection has been conducted of the location, within thirty (30) days of the date the application for the Licence is submitted, and it is in compliance with all the provisions of the Fire Protection and Prevention Act, S.O. 1997;
• Certificate of Inspection report issued by the Electrical Safety Authority certifying that an inspection has been conducted on the location, within thirty (30) days of the date the application for the Licence, and that there are no visible fire , shock or electrical safety hazards and the property is in compliance with the requirements of the Ontario Electrical Safety Code.
• Proof of Insurance which the Owner shall take out and keep in full force and effect throughout the term of the Licence and any renewals thereof, general liability insurance in respect to the Second Unit against claims for personal injury, death or property damage or loss, indemnifying and protecting the Owner, their respective employees, servants, agents, contractors, invitees or licensees, to the inclusive limit of not less than Two Million ($2,000,000) Dollars on a per occurrence basis. Such insurance shall specifically state by its wording or by endorsement that The Corporation of the City of Mississauga is included as an additional insured under the policy; and such policy shall not be terminated, cancelled or materially altered unless written notice of such termination, cancellation or material alteration is provided by the insurers to the Corporation of the City of Mississauga at least thirty (30) clear days before the effective date thereof

Every Owner shall:

• Keep and maintain the following written records and shall make these records available for inspection forthwith on the request of the Licence Manager or Officer the full name of the Tenant(s) and records of inspections every three (3) months for Investor-Dwellings
• Post a fire safety plan, approved by the Fire Chief in a conspicuous place in the Second Unit
• Ensure that each floor of the Dwelling is equipped with a functioning Fire Extinguisher.
• Provide written proof that the Tenants have been advised that the Licence Manager or Officer will be requesting permission to enter all Second Units on the Property (at a time and day convenient to the City, the Licensee and the Tenants) for the purposes of conducting inspections under this By-law.
• Maintain compliance with all applicable provisions of the Zoning By-law as it relates to a Second Unit, including any conditions imposed by the Committee of Adjustment for a minor variance.
• Either personally or by their Agent, conduct an inspection of the Investor- Dwellings every three (3) months to ensure compliance with this By-law and any other applicable law and file an inspection report on the form provided by the Licensing Section including all remediation action to be taken, and a time frame for gaining compliance where non-compliance is found by March 31, June 30, September 30 and December 31 of each calendar year.
• Submit in writing, the name, address and contact information for any individual that will be acting as their Agent for the purposes of conducting and reporting on inspections, where applicable.
• Ensure that the current Business Licence Number for the Licenced Dwelling appears on all advertisement for the business.

No Licensed Owner shall:

• Permit the occupancy of, for sleeping purposes, any basement or any space used or designed to be used as a lobby, hallway, closet, bathroom, laundry room, stairway or kitchen or any room having a floor area of less than 80 square feet or any room being less than 7 feet 6 inches from the floor to ceiling.
• Permit non-compliance with the Property Standards By-law, the Nuisance Weeds and Long Grass By-law, the Nuisance Noise By-law, the Nuisance Lighting By-law, Open Air Burning, the Noise Control By-law and all other applicable by-laws and applicable provincial laws including but not limited to the Building Code Act, the Fire Protection and Prevention Act, and the Accessibility for Ontarians with Disabilities Act.
• Permit the construction, renovation, alteration or addition is carried out on the Licensed Dwelling without first obtaining the necessary Building Permit as may be required.

Town of Newmarket - Requirements for approval of basement apartments in Newmarket

• Permitted city wide in all single family or two family zone (in single detached, semi-detached, or row house dwellings)
  
• Total of four exterior parking spaces to the garage must be provided - Town of Newmarket requires four exterior parking spaces.  A 
  smaller parking space size 2.6m x 5.7m is used to provide more ‘wiggle’ room to accommodate the four required parking spaces in 
  Newmarket. The Town of Newmarket Committee of Adjustment has approved three applications for a reduction in number of parking 
  spaces since 2003 when the recent policies were implemented.  Four  parking space requirement precludes basement apartments within 
  some of the newer residential developments, due to smaller lots restricting the ability to widen driveways.
• The primary dwelling and basement apartment must be serviced by full municipal water and sewer
  
• Front facade shall not be altered. The external appearance of the house must not be altered
  
• No new basement apartments will be permitted within the Environmental Protection Open Space (OS-EP) Zone or within the Floodplain and 
  Other Natural Hazards (FP-NH) Zone as delineated by the Lake Simcoe Region Conservation Authority.
• Maximum size to not exceed 40% of the total gross floor area of the dwelling unit located above grade
  
• Basement Apartment must locate within main dwelling
  
• Maximum basement apartment floor area must not exceed 40% of total floor area located above grade
  
• Daycare is not permitted in the basement apartment
  
• Basement Apartment Application fee $110
  

City of Niagara Falls

Official Plan – Amended May 2011

4.6 Housing Strategy

An accessory apartment shall be permitted within a single detached dwelling in all residential areas provided that following criteria can be satisfied.

4.6.1 The accessory apartment is subordinate in size to the principal use.

4.6.2 The lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas.

4.6.3 The building age and condition are capable of supporting the intensified use and requirements of the Building Code and Maintenance and Occupancy Standards By-law can be satisfied.

4.6.4 Any proposed building addition for an accessory apartment satisfies the single detached zoning requirements relative to height, setbacks and coverage for the entire dwelling and shall not detract from or alter the building form and/or character of the area.

Town of Oakville

Oakville allows basement apartments in some areas. The current registration fee for a basement apartment is $300. In certain areas of town, like North Oakville, they’re allowed because they fit. Other places where basement apartments don’t fit, they’re not allowed. Basement apartments are allowed in newer areas, such as the burgeoning communities along Dundas Street.

Under the Livable Oakville Plan, Town of Oakville will modify its by-law to further accommodate Bill 140 and changes to the Planning Act. Establishing zoning regulations regarding location and additional requirements for basement apartments remains the responsibility of the Town of Oakville.

Town wide (currently only specific zones permit legal basement apartments) Town of Oakville's review of best practices identified that most zoning by-laws place a maximum size on basement apartment with additional clauses dealing with design and compatibility measures (i.e. prohibiting a separate access to the accessory dwelling unit on the main front wall of the detached dwelling), required minimum one parking space for the basement apartment, and additional location restrictions.

Town of Oakville's staff is recommending the first draft Zoning By-law permit one basement apartment within either a detached or semi-detached house with a total floor area not exceeding a maximum of 30% of the floor area of the house which would include the area of a basement. In addition, a separate entrance to the unit will be prohibited on the main front wall of the house thereby maintaining the existing character of the 

house. The intent is to encourage an entrance through a common vestibule in order to maintain the single dwelling unit appearance of the house.

Town of Pickering - Requirements to legalize basement apartment

• Allowed only in singles and semi-detached homes
  
• Basement Apartment must be smaller than primary
  
• Maximum  Basement Apartment floor Area 100 m² (1,076 ft²)
  
• No home-based business - Home-based business is prohibited in either dwelling unit of a dwelling containing a basement apartment
• Three on site parking spaces required
  
• Basement Apartment Registration Fee: $500
  
• Must demonstrate compliance under Ontario Fire Code
  

Town of Richmond Hill

Requirements are still under development

• To be allowed city wide in detached and semi detached homes
• Maximum basement apartment floor area must not exceed 265m² (2,853 ft²)
• Minimum frontage 9 m (30 ft)
• Minimum lot area 30%
• Minimum one additional parking space
• Only one driveway apron shall be permitted to a lot with a frontage of less than 18 m (59 ft)
• Driveway maximum – depends on lot size

Orillia senior with 10-foot snowbank fined, but has nowhere else to put snow

ORILLIA, Ont. — Wayne Miller, 67, has nowhere else on his property to pile the snow that keeps falling on his driveway, but that might not stop his city from fining him for it.

The senior was fined $235 in early January by the City of Orillia in central Ontario after taller than himself had tumbled down on the nearby sidewalk and road.

“It’s not fair. Where are you supposed to put it?” wondered Miller, who rents an apartment on the property.

He paid the ticket even though he disagreed with the fine.

“You don’t want that hanging over your head,” said the man who lives on Old Age Security.

He also worries for his neighbours, also on fixed incomes and facing the same fate.

The city says the fine covers the court costs and victim fine surcharge, and it’s the only way it can enforce rules to keep the streets clear.

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No change in prime rate... yet again

As you know, your variable rate mortgage, line of credit and/or student loans are all based on the Prime Rate and here is your personal update from me on the recent Bank of Canada announcement on changes to their Overnight Rate which in most cases impacts your Prime Rate. 

At 10:00 am EST, Wednesday January 22nd, 2014 the Bank of Canada again continued to maintain their overnight rate.   What this means to you is that once again the prime rate on your mortgage, line of credit or student loan will not change and remains at 3.00%.  This is fabulous news but don’t forget to make the most of the low payments you still have, as the rate will increase in the future.  

Here is an excerpt of the announcement from the Bank of Canada and what they had to say about their decision today: 

“Inflation in Canada has moved further below the 2% target, owing largely to significant excess supply in the economy and heightened competition in the retail sector. Global growth is expected to strengthen over the next two years with the US leading this acceleration, aided by diminishing fiscal drag, accommodative monetary policy and stronger household balance sheets. The improving U.S. outlook is affecting global bond, equity, and currency markets. Growth in other regions is evolving largely as projected. In Canada, growth improved in the second half of 2013. However, there have been few signs of the anticipated rebalancing towards exports and business investment. Stronger U.S. demand, as well as the recent depreciation of the Canadian dollar, should help to boost exports and, in turn, business confidence and investment”. 

Based on this news, the Bank still does not expect to increase their rate in the foreseeable future with any change most likely to occur late 2014 or even not until 2015!   Remember, that any increase to the prime rate since 1992 has only been by 0.25% at any ONE time, so you won’t see a large significant increase all at once.  

The next announcement on any change to the prime rate is March 5th, 2014 at which time I’ll be in touch again.

Basic Requirements to Legalize Basement Apartment

Province of Ontario laws now require all the municipalities to allow basement apartments in homes.

In 2009, the Ontario provincial government began developing a long-term affordable housing strategy. Public consultations were held across Ontario. In 2010, the Ministry of Municipal Affairs and Housing released Building Foundations: Building Futures, Ontario’s Long-Term Affordable Housing Strategy (LTAHS). As part of the strategy, Bill 140: Strong Communities through Affordable Housing Act, 2011 was introduced to Provincial Parliament on November 29, 2010 and received Royal Assent on May 4, 2011.

A basement apartment might be just what you need to provide the added income to make your dream purchase affordable, but beware of the pitfalls and remember that you as a purchaser assume all the liability of a home that doesn't comply, regardless of when you bought it.   Smart real estate agents never list a house as having a legal basement apartment since they do not want to guarantee that the basement apartment complies fully with all the applicable fire codes, building codes, Electrical Safety Authority regulations and zoning and housing standards by-laws. Illegal basement apartments are a risk to the occupants and others in the structure as well as a concern to the community in general. They are dangerous as they may pose a fire risk and other safety concerns such as:

• fire risks such as not enough building exits, fire separations between units, working smoke alarms, carbon monoxide detectors
• illegal and unsafe utility connections
• illegal and unsafe building renovations
• excess driveway and street parking
• excess garbage
• overload on existing utilities (electrical, plumbing, water and sewers)
• possible depreciation of neighbouring property values

When a suspected illegal basement apartment is reported, the Fire Department receives the complaint. A Fire Prevention Officer will then conduct an initial inspection to determine whether the basement apartment is permitted (as per Fire Code regulations only) and to ensure that while the basement apartments are occupied that they are made safe. The fact that the basement apartment is inspected by the Fire Department and may be approved as safe or that they meet the Fire Code does not necessarily mean that the basement apartment is permitted under the legislation

The Ontario Building Code which prescribes minimum requirements for the construction of buildings is a code that applies only when the house was built.  The building code changes over the time but for the most part, it does not apply retroactively.

The fire code which prescribes construction and safety issues as they relate to how the building is required to perform should it catch fire, can apply retroactively.

Here are few basic requirements for a legal basement apartment.:

(1)  The detached or semi detached house must be at least 5 years old.

(2) The front of the house cannot be significantly altered to change its appearance from that of a one unit building.

(3) Basement apartment must be smaller than the main dwelling unit.

(4) Minimum ceiling height is 6'5". Ceiling must be continuous. Suspended (T-bar type) ceilings and exposed joists are not acceptable.  Furnace room ceiling must be dry walled or plastered too.

(5) Doors must be solid wood or metal and minimum thickness is 1.75". Exterior door must be at least 32"x78". Interior doors must have a 1/2 inch gap at the bottom to provide air movement within the basement apartment, unless return air ducts are installed in the room. The smallest dimension of the window is 18" and the opening must be at least 600 sq in.  Windows must be within 3' of ground, and if there is window well it must extend 3' from the house wall to allow room to crawl out.

(6) Bathrooms have to have either a window or fan.

(7)  A kitchen equipped with a refrigerator, stove in good repair and working condition. Cupboards having a capacity of not less than four cubic feet multiplied by the total number of persons occupying the unit..

(8)  New basement apartments require building permits before construction begins. In most areas an additional parking space is required for new basement apartments. If there is a parking spot for the upper unit, there must also be a parking spot for the basement apartment.

(9)   The property owner is responsible to make sure that smoke alarms are installed and maintained.

Carbon Monoxide alarms are required under many Municipal By-laws. They are to be provided in each dwelling unit in a building containing a fuel fired appliance or an attached garage. Even if they are not required by legislation they make good sense with to-day's design methods providing for air-tight construction of dwelling units.

Smoke alarms must be installed in each dwelling unit on every floor including those containing a bedroom or sleeping area. The alarm must be audible in bedrooms when the bedroom doors are closed. The smoke alarm may be battery operated or connected to an electrical circuit with no 

disconnect switch between the over current device and the smoke alarm. Interconnected smoke alarms may be required if:

•  15min. Fire Resistance Rating is used between dwelling units

•   one dwelling unit must exit through another dwelling unit

If required, interconnected smoke alarms must be installed in every storey above and below grade in each dwelling unit, and in every shared means of escape where applicable. These alarms must be audible in bedrooms when the intervening doors are closed..

Some municipalities require to provide the furnace with a relay to shut down the furnace blower fan and gas valve if the smoke alarm is activated, and equip the heat ducts and cold air return in the basement apartment with fire dampers where they penetrate the wall or ceiling membrane. A cold air return is required in the basement apartment and if located within 24” of the basement floor fire damper is not required.

(10)  An electrical inspection by Electrical Safety Authority (ESA - 1 877 ESA SAFE) )and all the deficiencies identified during the inspection must be addressed. Owners should retain the letter of compliance received from the Electrical Safety Authority for future reference purposes. This letter must be made available to the Chief Fire Official upon request.

(11)  A continuous fire separation with a 30 min. Fire Resistance Rating is required between dwelling units and between dwelling units and other areas. This may be provided by existing membrane of lath and plaster or gypsum board. Openings in Fire Separation shall be protected with rated doors installed in hollow metal or solid wood frames and equipped with self closing devices

Lesser degrees of Fire Resistance Rating may be acceptable with the provision of interconnected Smoke Alarms or Sprinkler Protection. The containment features are intended to provide protection for the occupants living in a dwelling unit from a fire occurring in another portion of the building, outside of their control.

• To achieve a 45 min fire resistance rating for walls, one layer of 5/8" Type X drywall on each side of the wall is required.
• To achieve a 45 min fire resistance rating for ceilings, one layer of 5/8" Type X drywall is required.
• To achieve a 30 min fire resistance rating for walls, one layer of 1/2" regular drywall on each side of the wall is required.
• To achieve a 30 min fire resistance rating for ceilings, one layer of 1/2" Type X drywall or two layers of 1/2" regular drywall is required or one 
• layer of 5/8" regular drywall.

(12)  A single means of egress - provision for the escape of persons from each dwelling unit in the event of fire - may be acceptable if the following conditions are met:

•  It is properly separated with a 30 min. Fire Resistance Rating

• The flame spread rating of means of escape does not exceed 150 (wood paneling is unacceptable)

• The means of escape does not involve entering another dwelling unit or other occupancy and leads directly to the outside at ground level.

Two means of escape are required if one means of escape is through another dwelling unit. An existing means of egress may be acceptable if the basement apartment is sprinklered.

(13) Ontario building code (O.B.C Part 9 Section 9 Clause 11.2) also requires minimum sound transmission class rating - STC 50 sound proofing between the dwelling units. The worst noise issues are usually noted under the main floor kitchen, bathroom, powder room, foyer and laundry room where the upper floor is not carpeted. The Ontario Building Code's Supplementary Guidelines recommends either 38mm concrete layer over the sub-floor  and two layers of the superior Type X gypsum board ceiling below it or 25 mm concrete light weight concrete on the sub-floor, absorptive insulation between the ceiling and the sub floor and double layer ceiling.

Section 9.8 of the Ontario Fire Code prescribes the requirements for Retro-fit for basement apartments in the following areas:

1. Exits - egress

2. Separations between dwelling units (ceilings and walls), doors, etc.

3. Smoke alarms

4. Carbon Monoxide alarms (per By-law)

5. Electrical inspection

The landlord (owner) is responsible for compliance with the Ontario Fire Code and is responsible to ensure the safety of their tenants in the basement apartment. An individual may be fined $50,000 per offence or one year in jail or both, for violations of the Ontario Fire Code.

The landlord (property owner) is also responsible for compliance with the municipality’s zoning by-law to ensure that the basement apartment is being used/occupied as permitted by the zoning by-law. An individual who is found guilty of a violation of the municipality’s zoning by-law may be fined up to 25,000 per offence and a corporation found guilty of an offence may be fined up to $50,000 per offence.