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What is the minimum ceiling height for a legal basement apartment?For short answer, 1950mm (6'-5") for house more than 5 years old and 2100mm (6'10.5") for house less than 5 years old. Please see below code reference and these requirements also elaborated in our blog post 5 Signs of an Illegal Basement Apartment or Permit for Legal Basement Apartment & Requirements For a house that is less than 5 years old The minimum height for the ceiling is 2300 mm over at least 75% of the required floor area with a clear height of 2100 mm at any point over the required area, Reference Ontario Building Code 9.5.3.1. Ceiling Heights of Rooms or Spaces For a house that is past 5 years old In detached houses, semi-detached houses, townhouses, and row houses containing not more than two dwelling units, (a) Minimum room height shall not be less than 1 950 mm over the required floor area and in any location that would normally be used as a means of egress, or (b) minimum room height shall not be less than 2 030 mm over at least 50% of the required floor area, provided that any part of the floor having a clear height of less than 1 400 mm shall not be considered in computing the required floor area. Reference Ontario Building Code Part 11 C102 - 9.5.3.1 Ceiling Heights of Rooms or Spaces In Summary, if your house is more than 5 years old and no more than 2 dwelling units then the absolute minimum height is 6'-5" or 50% of the room cannot be less than 2 030mm and the other 50% can be less than 2 030mm and any area that is less than 1400mm will not be included in the required floor area. From the latter building code we quoted, the ceiling height can be less than 1 950mm, however, we will need to also consider the minimum height for a mean of egress required by code is 1 950mm according to OBC Part 11 C127. Therefore this concluded if your basement has a ceiling height that is less than 1 950mm, it is very likely to be illegal.
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What is the minimum fire separation for ceiling & walls between main unit & the legal basement apartment?For house more than 5 years old: The minimum fire separation is 15min fire separation for both wall & ceiling. However, not all cities accept 15min but they will require 30min fire separation instead. For house less than 5 years old: The minimum fire separation is 60min fire separation for both wall & ceiling.
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If I have a door between the main house & basement unit, does it need to be fire rated?Yes, if there a door between the main and proposed unit then the door will require to have a minimum 20 min fire separation including the door frame.
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How many egress window is required for my legal basement apartment?You will required to have a minimum 1 egress window for the whole basement apartment. The size is minimum 18" clear opening each way and total minimum 4 square feet of clear opening. (Reference Ontario Building Code 9.9.10.1 Egress windows or doors for Bedrooms)
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Am I required to have smoke & Carbon monoxide alarm installed?Yes, smoke alarm & carbon monoxide alarm is required on every floor and every bedroom will required to have a smoke alarm installed. In most case, the alarm will required to be interconnected.
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How many windows does my legal basement apartment required?Windows in basement are not just for egress purpose only. It also a requirement for each living room & bedrooms in the basement apartment. The windows is required to fulfill the glazing area requirement for the building code. We have discuss this in detail in our recent blog post, read to learn more. For house more than 5 years old: Bedroom - 2.5% glazing area of the overall bedroom area Living room & dinning area - 5% glazing area of the overall living area For house less than 5 years old: Bedroom - 5% glazing area of the overall bedroom area Living room & dinning area - 10% glazing area of the overall living area
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Do I need a separate entrance for my legal basement apartment?Yes, your basement apartment will required to have a separate entrance to fulfill the building code requirement. The separate entrance is require to have direct exterior access. Please see our Ontario Building Code reference below, this requirement also have been discussed in our blog post, read to learn more. (1) Except as provided in Sentences (2) and (3), every dwelling unit containing more than 1 storey shall have exits or egress doors located so that it shall not be necessary to travel up or down more than 1 storey ....... Reference Ontario Building Code 9.9.9.1 Travel Limit to Exits or Egress Doors Part 11 of the Ontario Building Code, specifically C136 - 9.9.9, applies to houses older than 5 years. A separate entrance to the basement apartment is still necessary, although it is less strict.
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How many legal parking space is required for my legal basement apartment?Most cities are removing the 1 additional parking requirement slowly. In some cities, they still require 1 additional parking for each additional unit, therefore in this situation you will require to have total of 3 parking space and this requirement is dependent on which city your property is located.
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Do I need electrical permit for my legal basement apartment?From our experience is no for building permit purposes. However, you are required to hire certified electrician for your project and the electrical inspection is performed by ESA and not by city building department.
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My basement is already finished, am I still required a building permit?Yes, just because your basement is already finish, it does not mean your basement is legalized and ready for rent. You will still requirement to obtain a building permit to legalize your basement apartment and demonstrate to the city the unit meet the minimum code standard for safety and fire safety requirement. We have discuss this topic in great length in our blog post read to learn more, Is your basement apartment legal? & Permit for Legal Basement Apartment & Requirements
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