2nd Unit Garden Suite Building Code

OBC REFERENCE: 9.10.20.3, 7.1.5.4 OBC VERSION: 2012

Document Author: Jorge Caetano & Frank Peter
Original Issue Date: 14/05/2020

Authorized by: Ed VanderWindt, Director Last Revision Date: N/A

Date for Review: 14/05/2023

1. PURPOSE

The purpose of this Policy is to clarify building code requirements for a detached secondary dwelling unit on the same lot as a single detached dwelling.

2. BACKGROUND INFORMATION

Where a zoning by-law allows for a detached secondary dwelling unit on the same lot as a single detached dwelling, either through construction of a new building or conversion of an existing accessory building, a building permit is required.

A detached secondary dwelling unit is to comply with the Ontario Building Code (OBC) and all applicable law. The current version of the OBC, however, is ambiguous regarding fire department access for Part 9 Buildings. In addition, clarification is required for the servicing of a detached secondary dwelling unit on the same lot as a single detached dwelling.

3. POLICY

Fire Department Access

Where a detached secondary dwelling unit is proposed in the rear yard of the principal dwelling, in order to provide fire department access to the secondary dwelling, a minimum 1.0 m wide unobstructed path of travel shall be provided from the public street to the entry of the detached secondary dwelling unit.

The minimum 1.0 m path of travel to the detached secondary dwelling unit shall:

• be on the same property as the principal building*;

• have a vertical clearance of not less than 2.1 m;

• not contain any projections, e.g. chimneys, bay window, HVAC unit, etc.; and

• be not more than 45 m measured from the public street to the entry of the detached secondary dwelling unit.

Please Note: *The 1.0 m path of travel shall not be through an adjacent alley and/or any of those public/private ways noted in Section 4.(3)(d) of Hamilton Zoning By-law 6593.

Important Note:
The plan reviewer is to add the following in the “Conditions” box of the AMANDA folder:

“A minimum 1.0 m wide unobstructed path of travel shall be provided for fire department access from the public street to the entry of the detached secondary dwelling unit.”

Water and Sanitary Services

A detached secondary dwelling unit may be serviced from the water and sanitary connection in the principal dwelling provided there are not more than two dwelling units on the property. The water service into the detached secondary dwelling unit is to be sized in accordance with the Ontario Building Code and be provided with a shut off valve both in the principal dwelling and in the detached secondary dwelling unit.