Cottage Building Code
Contrary to anecdotal stories that the City is not permitting seasonal cottage owners to renovate or rebuild their seasonal cottages using sections of the Ontario Building Code that exempt seasonal cottages from complying with other sections of the Code, we have confirmed with Burlington’s Chief Building Official that seasonal cottages do not have to comply with numerous sections of the Ontario Building Code.
Seasonal recreational buildings do not have to comply with the following sections of the Ontario Building Code applicable to Housing and Small Buildings:
9.5 Design of Areas and Spaces
9.6 Doors
9.7 Windows and Skylights
9.9 Means of Egress (except for floodproofing measures)
9.10 Fire Protection, except 9.10.19 Smoke Alarms
9.11 Sound Control
9.30 Floors (except tight-fitting floors shall be provided to support the live and dead loads)
Further, thermal insulation, vapour barrier, air barrier construction, interior finishes, plumbing, heating, mechanical ventilation, air-conditioning, electrical facilities and continuous perimeter foundation walls need not be provided. However if provided, they must comply with the Building Code except:
(a) heating and air-conditioning need not comply with maintaining an indoor temperature of 22°C; and
(b) thermal insulation need not meet minimum thermal resistance standards of insulation (i.e. R-values).
So in conclusion, our Cedar Springs seasonal cottages would not differ from permanent homes on structural, plumbing and electrical requirements. However, we are able to rebuild our cottages on concrete pier foundations (with flood plain engineering if applicable) and have partially insulated and partially heated or cooled living spaces of cottage design.
On the issue of septic systems, if a septic tank/leaching bed sewage system can be placed on the site and meet the Building Code requirements then such a system must be used in any replacement. Holding tanks can continue to be used to upgrade a sewage system serving an existing building, where upgrading through the use of a septic tank/bed sewage system cannot comply due to lot size, site slope or clearance limitations. The City would need to assess each case individually to permit the use of a holding tank. Even when a holding tank is permitted there are many requirements that must be met (e.g. construction requirements, setbacks, written agreements for disposal etc.). If the building is being replaced, the sewage system will also be assessed at that time to ensure that it is in compliance with the Building Code for the new construction. Holding tanks are not permitted for replacement buildings. If the sewage system is replaced prior to the building construction, the City will need to verify that the new sewage system is in compliance with the Building Code and that it meets the existing building requirements. So replacement with a holding tank should be done before and not at the time of any replacement of the dwelling to comply. The consequences for replacing the dwelling later include limits on the size of the dwelling based on the size of the holding tank. See also this link: http://www.mah.gov.on.ca/Page8762.aspx
Many of our cottages are listed on the City’s Inventory of Heritage Resources. The perception is that the Building Code prevents the restoration of heritage seasonal cottages in our community. However, a Building Code compliance alternative may be substituted for a requirement where the chief building official is satisfied that compliance with the requirement is impracticable because it is detrimental to the preservation of a heritage building, i.e. (a) designated under the Ontario Heritage Act, or (b) certified to be of significant architectural or historical value by an organization such as Heritage Burlington.
A copy of the sections of the Ontario Building Code applicable to cottages can be viewed in this attachment: Cottage Building Code.pdf.
The full Ontario Building Code can viewed at this link:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060350_e.htm
Ensure that the City of Burlington Planning and Building Department are consulted prior to any proposed construction in order to obtain the proper building permits required. Building permits are required even if the work does not have to comply under the cottage provisions of the Building Code. There will be some other applicable law approvals like the NEC and Conservation Halton that will need to be met. The information above are requirements under the Building Code only, all other regulations/approvals will also need to be met. Commentary is based on general information. Site specific conditions may require the application of other Building Code references. Building Code amendments may occur from time to time.
Seasonal recreational buildings do not have to comply with the following sections of the Ontario Building Code applicable to Housing and Small Buildings:
9.5 Design of Areas and Spaces
9.6 Doors
9.7 Windows and Skylights
9.9 Means of Egress (except for floodproofing measures)
9.10 Fire Protection, except 9.10.19 Smoke Alarms
9.11 Sound Control
9.30 Floors (except tight-fitting floors shall be provided to support the live and dead loads)
Further, thermal insulation, vapour barrier, air barrier construction, interior finishes, plumbing, heating, mechanical ventilation, air-conditioning, electrical facilities and continuous perimeter foundation walls need not be provided. However if provided, they must comply with the Building Code except:
(a) heating and air-conditioning need not comply with maintaining an indoor temperature of 22°C; and
(b) thermal insulation need not meet minimum thermal resistance standards of insulation (i.e. R-values).
So in conclusion, our Cedar Springs seasonal cottages would not differ from permanent homes on structural, plumbing and electrical requirements. However, we are able to rebuild our cottages on concrete pier foundations (with flood plain engineering if applicable) and have partially insulated and partially heated or cooled living spaces of cottage design.
On the issue of septic systems, if a septic tank/leaching bed sewage system can be placed on the site and meet the Building Code requirements then such a system must be used in any replacement. Holding tanks can continue to be used to upgrade a sewage system serving an existing building, where upgrading through the use of a septic tank/bed sewage system cannot comply due to lot size, site slope or clearance limitations. The City would need to assess each case individually to permit the use of a holding tank. Even when a holding tank is permitted there are many requirements that must be met (e.g. construction requirements, setbacks, written agreements for disposal etc.). If the building is being replaced, the sewage system will also be assessed at that time to ensure that it is in compliance with the Building Code for the new construction. Holding tanks are not permitted for replacement buildings. If the sewage system is replaced prior to the building construction, the City will need to verify that the new sewage system is in compliance with the Building Code and that it meets the existing building requirements. So replacement with a holding tank should be done before and not at the time of any replacement of the dwelling to comply. The consequences for replacing the dwelling later include limits on the size of the dwelling based on the size of the holding tank. See also this link: http://www.mah.gov.on.ca/Page8762.aspx
Many of our cottages are listed on the City’s Inventory of Heritage Resources. The perception is that the Building Code prevents the restoration of heritage seasonal cottages in our community. However, a Building Code compliance alternative may be substituted for a requirement where the chief building official is satisfied that compliance with the requirement is impracticable because it is detrimental to the preservation of a heritage building, i.e. (a) designated under the Ontario Heritage Act, or (b) certified to be of significant architectural or historical value by an organization such as Heritage Burlington.
A copy of the sections of the Ontario Building Code applicable to cottages can be viewed in this attachment: Cottage Building Code.pdf.
The full Ontario Building Code can viewed at this link:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060350_e.htm
Ensure that the City of Burlington Planning and Building Department are consulted prior to any proposed construction in order to obtain the proper building permits required. Building permits are required even if the work does not have to comply under the cottage provisions of the Building Code. There will be some other applicable law approvals like the NEC and Conservation Halton that will need to be met. The information above are requirements under the Building Code only, all other regulations/approvals will also need to be met. Commentary is based on general information. Site specific conditions may require the application of other Building Code references. Building Code amendments may occur from time to time.