BY-LAW AMENDING THE BY-LAW CONCERNING THE SANITATION AND MAINTENANCE OF DWELLING UNITS (03-096)

Transcription

1 VILLE DE MONTRÉAL BY-LAW BY-LAW AMENDING THE BY-LAW CONCERNING THE SANITATION AND MAINTENANCE OF DWELLING UNITS (03-096) In view of sections 6, 55 and 62 of the Municipal Powers Act (R.S.Q., chapter C-47.1); In view of section 80 of the Charter of Ville de Montréal (R.S.Q., chapter C-11.4); At the city council meeting of April 27, 2009, it was enacted: 1. The title of the By-law concerning the sanitation and maintenance of dwelling units (03-096) is amended by replacing the words and maintenance of dwelling units by the words, maintenance and safety of dwelling units. 2. Article 1 of that by-law is amended by: (1) adding, after the definition of authority having jurisdiction, the following definition: Construction Code : chapter I of the Construction Code (R.S.Q. 1981, chapter B- 1.1, r , as amended by order in council , September 21, 2005 ; (2) adding, after the definition of authority having jurisdiction, the following definition: building height : the height established by the building by-laws in effect on the date of construction of the building, or, by default, the number of storeys between the floor of the first storey and the roof; ; (3) replacing the definition of dwelling unit by the following: dwelling unit : a room or a suite of rooms intended to be used as a domicile, including in particular the rooms offered for rental and artist studios serving as a domicile; ; (4) adding, after the definition of rooming house, the following definition: useful area : the area of habitable spaces measured between the face of walls, excluding the area occupied by a kitchen cupboard; /1

2 3. Article 2 of that by-law is amended by replacing the words Regulation respecting the Construction Code (R.S.Q., chapter B-1.1, r ), and its revisions by the words Construction Code. 4. Article 3 of that by-law is amended by adding, after the word territory, the words except for articles to that apply only to the territory corresponding to that of the city of Montréal on December 31, That by-law is amended by adding the following article after article 5: 5.1. No provisions other than the following apply to an artist studio serving as a domicile: (1) chapter I; (2) chapter II; (3) chapter III; (4) paragraphs (2), (4), (8) and (9) of article 25 of chapter IV.. 6. That by-law is amended by adding the following article after article 6: 6.1. A residential building constructed in accordance with the Québec Building Code 1976 (S-3, r. 2), the National Building Code 1980 (S-3, r. 0.1), the National Building Code 1985 (S-3, r. 0.2), the National Building Code 1990 (S-3, r. 03) or the Québec Construction Code, chapter I Building (R.S.Q. 1981, chapter B-1.1, r , as adopted by order in council or amended by order in council of March 19, 2008, is deemed in accordance with chapter X.1 [ Safety standards of this by-law..] 7. That by-law is amended by adding the following article after article 17: The city may fence off a lot that constitutes a hazard when the owner cannot be found, or when he refuses, neglects or is incapable of carrying the work required to eliminate the hazard after being ordered to do so by employees authorized by the city.. 8. Article 18 of that by-law is amended by adding, after the words under article 17, the words or article That by-law is amended by adding the following article after article 18: When it is established that the conditions of development, occupancy, maintenance or preservation provided for in this by-law may not be reasonably applied, the director may apply different measures /2

3 10. That by-law is amended by adding the following article after article 32: A building containing 11 or more dwelling units must be provided, for the temporary storage of household waste and recoverable resources, with one of the following facilities: (1) a ventilated room in accordance with and accessible to all occupants; (2) one or more closed containers in a storage garage that are : (a) non-combustible, or (b) combustible, provided: (i) they are located no less than 1 m from a combustible material; (ii) they do not exceed 4 and a total volume of 1440 L if their site is not sprinklered. When the storage garage in which the combustible containers referred to in subparagraph (b) of paragraph (2) of the first paragraph are located includes the second exit required for one or more dwelling units, the garage must be fully sprinklered. 11. That by-law is amended by adding the following articles after article 35: A dwelling unit must contain one or more enclosed spaces in which there is a W.C., a bathtub or a shower, and a lavatory A room or a space intended for the preparation of meals must be provided with: (1) a low cupboard with a work surface of at least 0.25 m 2 per habitable room, excluding the surface occupied by a sink, the maximum required for each dwelling unit being 1 m 2 ; (2) cupboards, including the one required under paragraph (1), of at least 0.3 m 3 per habitable room; the maximum required for each dwelling unit being 1.5 m 3. This article does not apply to a room in a rooming house Every room in a rooming house must be provided with a lavatory The title of chapter VII AREAS AND HEIGHTS is replaced by the title AREAS AND CONFIGURATION OF SPACES AND ROOMS /3

4 13. That by-law is amended by adding the following articles after article 43: A dwelling unit containing only one habitable room must have a useful area of at least 17 m A dwelling unit containing 2 separate habitable rooms must have a useful area of at least 20 m 2. An additional area of 3 m 2 is required for each additional separate habitable room That by-law is amended by adding, after article 64, the following chapter, sections, subsections and articles: CHAPTER X.1 SAFETY STANDARDS SECTION I MEANS OF EGRESS SUBSECTION 1 NUMBER OF EXITS Except as provided in article 64.4, a dwelling unit must meet one of the following conditions: (1) have 2 exit doors leading to 2 means of egress that are independent and separate from each other over the entire path of travel; (2) have one exit door opening into an exterior passageway or a public corridor leading to 2 exits that are independent and separate from each other over the entire path of travel A window openable from the inside, with an unobstructed opening at least 0.55 m wide by 1 m high may be considered one of the 2 exit doors required under paragraph (1) of article 64.1, under the following conditions: (1) the apron wall of that window is no more than 0.9 m above the floor level of the first storey or no more than 1.6 m above the floor level of the basement; (2) the difference in height between the floor above which that window is located and the adjacent ground level does not exceed 1.5 m; (3) the window has no grids or, if there is one, it pivots on a vertical axis and is easily opened from the inside without requiring a key or other instrument /4

5 64.3. Except as provided in article 64.4, a dwelling unit occupying several floors must be provided with a sufficient number of exits or exit doors so that it is not necessary to go up or down more than one storey to reach a level served by an exit door or an exit Only one exit is required in one of the following cases: (1) the dwelling unit is provided with an exterior door located no more than 1.5 m from the adjacent ground that may be reached without having to go up or down more than one storey; (2) the dwelling unit is located on the second storey and is provided with an exterior exit door leading to a balcony and an exterior stairway serving only that dwelling unit; (3) the dwelling unit occupies no more than 3 storeys, except the basement, and it is located in a building where there are no tiered dwelling units, and meets the following requirements: (a) the first storey is provided with an exterior door serving only that dwelling unit and is located no more than 1.5 m from the adjacent ground level; (b) the floor of the highest storey is no more than 7 m above the adjacent ground level and that storey is served by a window that can be opened from the inside with an unobstructed opening at least 1 m high by 0.55 m wide, and located so that the sill is no more than 1 m above the floor; (4) the dwelling unit occupies no more than 3 storeys, except for the basement, and meets the following requirements: (a) the first storey is provided with an exterior door located no more than 1.5 m from the adjacent ground level; (b) the highest storey has a direct access to a balcony A floor area must be served by at least 2 exits, except where it is only occupied by dwelling units provided with means of egress in accordance with articles 64.1 to Despite article 64.5, part of the floor area occupied by uses auxiliary to the residential use and located in the basement or on the first storey may be served by a single exit, if it meets the following conditions: (1) the floor area not occupied by dwelling units does not exceed 230 m 2 ; /5

6 (2) the exit leads directly to outside; (3) the distance to reach the exit does not exceed 15 m; (4) that part of the floor area is intended to accommodate, according to the Construction Code criteria, no more than 60 people At least 2 exit doors must be provided for a suite or a room intended for a use auxiliary to the residential use in one of the following cases: (1) the suite or room is intended to accommodate, according to the Construction Code criteria, or accommodates more than 60 people; (2) the suite or room has an area of more than 100 m 2 in the case of a building of combustible construction, and more than 120 m 2 in the case of building of non-combustible construction. SUBSECTION 2 INTEGRITY OF A MEANS OF EGRESS 64.8 An interior exit must be separated from the rest of the building by fire separations with a fire-resistance rating of at least: (1) 45 minutes, in a building of more than 3 storeys in building height; (2) 1 hour, in a building of more than 3 storeys in building height A public corridor must be separated from the rest of the building by fire separations with a fire-resistance rating of at least 45 minutes An existing partition in good condition, continuous and covered on each side with plaster on laths or jointed gypsum boards, is authorized where a fire-resistance rating of 1 hour or less is required under this by-law An exit stairwell serving a building with a building height of no more than 4 storeys is not required to be separated from the public corridor by fire separations in accordance with article 64.8, under the following conditions: (1) each dwelling unit is provided with a second independent means of egress; (2) the stairwell and the public corridor leading to it are separated from the rest of the building as an exit by fire separations in accordance with article 64.8; /6

7 (3) a corridor leading to the stairwell is provided with smoke detectors connected to a fire alarm and detection system, if such a system exists or is required under article 64.45; (4) the length of an unseparated corridor leading to the stairwell does not exceed 6 m The exit door of a dwelling unit may lead directly to an exterior stairway, under the following conditions: (1) the dwelling unit is provide with a second independent means of egress; (2) the building has no more than 4 storeys in building height; (3) the door has fire-resistance rating of at least 20 minutes The door or any fire damper in a fire separation required under this by-law must have a fire-resistance rating of: (1) 20 minutes for a fire separation with a fire-resistance rating of 45 minutes; a door with a solid lumber core of 45 mm meets that requirement; (2) 45 minutes for a fire separation with a fire-resistance rating of 1 hour; an existing kalamein-type door or covered with calibre 24 steel sheet metal on its 6 sides meets that requirement; (3) 1 hour for a fire separation with a fire-resistance rating of 1 hour and 30 minutes; (4) 1 hour and 30 minutes for a fire separation with a fire-resistance rating of 2 hours When it is necessary to replace a door in an opening where a fire-resistance rating of 20 minutes is required, the frame need not be replaced if it is in good condition, if it allows adequate fit of the door, and if the space between the edge of the frame and the door is filled in with glass wool Every door in a required fire separation must meet the following conditions: (1) be provided with a self-closing device certified by an agency accredited by the Canadian Standards Council; (2) be provided with a self-latching device keeping the door in a closed position after use; (3) be adjusted to control the spread of smoke in case of fire /7

8 The flame-spread rating of the covering of walls and ceilings may not be more than 25, but: (1) the covering of the walls and ceiling of an exit may have a flame-spread rating that does not exceed 150, provided the surface of each covering does not exceed 10% of the surface of walls or of the ceiling, as the case may be; (2) the covering of walls in a lobby used as an exit may have a flame-spread rating of no more than 150, provided the surface of the covering does not exceed 25% of the surface of those walls; Compliance with article and as to the fire-resistance rating, and with paragraph (1) of article is not obligatory for existing doors of dwelling units of a building containing 8 or less dwelling units. This article does not apply to rooming houses. SUBSECTION 3 CONFIGURATION OF A MEANS OF EGRESS It must be possible to follow the path of travel of a means of egress at all times without requiring keys or other instruments In a building constructed after December 1, 1976, the width of a means of egress must be at least 0.86 m, except if the means of egress serves no more than 2 dwelling units per storey, in which case its clear width must be at least 0.76 m. In all other cases, the width of a means of egress must be at least 0.76 m In a building constructed after December 1, 1976, the height of a means of egress must be at least 2.05 m. In all other cases, the height of a means of egress must be at least 1.9 m No door in a means of egress may reduce the clear width specified in article by more than 50 mm when it is in an open position, or reduce the clear height specified in article by more than 50 mm Despite articles and 64.20, in a building of no more than 4 storeys in building height and constructed before June 21, 1978, an interior stairway serving as a secondary means of egress for no more than 2 dwelling units per storey, which is passable and at least 550 mm wide, is authorized under the following conditions: (1) the installation, in a stairwell, of smoke detectors connected to a fire alarm and detection system, if such a system exists or is required under article 64.45; /8

9 (2) the posting, inside every dwelling unit, on or near the door leading to the stairway, of instructions to occupants urging them to familiarize themselves with the path of travel of the exit, and to keep it free of clutter Despite articles and 64.20, a stairway located in a shed and used as a means of egress for no more than 2 dwelling units per storey, which is passable and at least 550 m wide, is authorized The exits must lead directly to the exterior. However, an exit may lead to a lobby, provided the travel distance on the first storey does not exceed 15 m. The lobby must be separated from the rest of the building by fire separations in accordance with article An exit must provide access to a public thoroughfare or to an exterior open space leading to a public thoroughfare. In a building containing no more than 8 dwelling units or rooms in a rooming house, one of the exits may lead to an open space at least 6 m deep and, if that space is enclosed by a wall or a fence, they may not be more than 1.2 m high over a continuous length of at least 3 m An exit door located in an exit serving more than 8 dwelling units or rooms in a rooming house must open outwards The exit door of a dwelling unit may not be located in a dead-end corridor, so that it is more than 6 m from an exit or from another corridor leading to 2 opposite exits, unless the dwelling unit is served by a second means of egress independent from the first Despite article 64.27, in a building of non-combustible construction, a dead-end corridor serving as the sole access to the 2 required exits may be more than 6 m long without exceeding 15 m, under the following conditions: (1) despite article 64.45, the building must be equipped with a fire alarm and detection system; (2) the installation, in public corridors, of smoke detectors connected to the fire alarm and detection system; (3) the door of a dwelling unit leading to a dead-end corridor must be designed so that it does not lock automatically /9

10 Despite article 64.27, in a building of non-combustible construction, a dead-end corridor serving as the sole access to the 2 required exits may be more than 15 m long under the requirements of paragraphs (1), (2) and (3) of article and under one of the following conditions: (1) the building is sprinklered; in each dwelling unit, only one sprinkler is required, and it must be installed near the door leading to the public corridor; (2) every dwelling unit that leads to the dead-end part of the corridor, communicates directly with an exterior balcony Despite article 64.27, in a building of non-combustible construction, a dead-end corridor serving as the sole access to the 2 required exits may be more than 6 m long, without exceeding 15 m, if the requirements of paragraphs (1), (2) and (3) of article are met, and if the building is sprinklered. In each dwelling unit, only one sprinkler is required and it must be installed near the door leading to the public corridor Despite article 64.27, in a building of non-combustible construction, a dead-end corridor serving as the sole access to the 2 required exits may be more than 15 m long if the requirements of paragraphs (1), (2) and (3) of article are met, and if the building is sprinklered A fire escape must be: (1) at least 550 mm wide; (2) made of metal, except in the case of a building of non-combustible construction, where it may be of wood; (3) firmly fixed to the building and provide proper resistance to the load it bears; (4) inclined at a maximum angle of 45 with the horizontal; (5) provide with a guard at least 900 mm high, made up of at least 2 smooth plates no more than 0.45 m apart, and with a handrail along the wall if it is more than 550 mm wide; (6) provided with landings of at least 1 m 2 at exits and with intermediate landings, as the case may be, at least 750 mm long; (7) extended to ground level and, if the flight of stairs leading to ground level is mobile, it must be easily lowered with a counterbalancing device /10

11 Access to a fire escape may be by a window openable from the inside, having an unobstructed opening at least 1 m high by 0.55 m wide, with a ledge no more than 0.9 m above the inside floor, except where that access serves a public corridor, in which case it must be a door on a vertical axis. SUBSECTION 4 LIGHTING AND SIGNS OF MEANS OF EGRESS Exist and public corridor must be illuminated to an average intensity of at least 50 lx. In a building containing more than 8 dwelling units or rooms in a rooming house, the exits and public corridors must be provide with emergency lighting of an average intensity of at least 10 lx, capable of operating in case of a power failure for at least 30 minutes Exit signs must meet the following conditions: (1) in a building of 3 storeys or more in building height, an exit door other than the door of a dwelling unit or the main entrance door of the building must bear a light fixture marked SORTIE or EXIT displayed in letters at least 102 mm high, in red on a contrasting background or contrasted on a red background; (2) in part of a corridor leading to an exit where the exit door light fixtures are not visible and at any place where there is a change in direction in the access to an exit or in an exit, there must be a light fixture in accordance with paragraph (1) bearing an arrow pointing to the direction of egress; (3) a light fixture must be provide with an emergency power supply ensuring its operation for at least 30 minutes in case of a power failure. SECTION II FIRE PROTECTION SUBSECTION I FIRE SEPRATION BETWEEN PARTS OF A BUILDING The fuel-burning heating system serving 5 or more dwelling units must be located in a service room separated from the rest of the building by fire separations with a fire-resistance rating of at least 1 hour In a building of 2 or more storeys in building height and of more than 8 dwelling units or rooms in a rooming house, a refuse chute must: (1) be fitted with outlets designed to close automatically and latch after use, and located in separate spaces not used for other purposes, and with a fireresistance rating of at least 45 minutes; /11

12 (2) discharge into a room separated from the rest of the building by a fire separation with a fire-resistance rating of at least 2 hours; (3) be provided with an automatic sprinkler system at the top, at every 5 storeys and into the rooms where it discharges; (4) discharge into a ventilated room provided with equipment for cleaning purposes A storage garage other than a garage serving a single dwelling unit must be separated from the rest of the building by a fire separation with a fire-resistance rating of at least: (1) 1 hour and 30 minutes in a garage that accommodate more than 5 vehicles and located in a building of more than 2 storeys in building height and of more than 8 dwelling units or rooms in a rooming house; (2) 1 hour in other cases In a building of more than 3 storeys in building height, an access between a storage garage and an elevator lobby, an exit stairwell or an exit corridor must be by way of a vestibule at least 1.8 m long, ventilated and provided with automatic closing doors A waste storage room and a public storage room must be separated from the rest of the building by fire separations with a fire-resistance rating of at least 45 minutes in a building of no more than 3 storeys in building height, and at least 1 hour in other cases Subject to more restrictive requirements in this subsection, a dwelling unit must be separated from the public sections of a building by a fire separation with a fireresistance rating of at least 45 minutes. SUBSECTION 2 PROTECTION OF FOAM PLASTICS Except in a crawl space, foam plastic applied to the exposed surface of a wall or a ceiling must be protected in accordance with the Construction Code /12

13 SUBSECTION 3 SMOKE ALARMS Smoke alarms conforming to CAN/ULC-S531-M87 Standard for Smoke Alarms must be maintained in each dwelling unit and each room of a rooming house. Smoke alarms must meet the following requirements: (1) within a dwelling unit, a smoke alarm must be installed between each sleeping area and the rest of the dwelling unit or in a corridor if the sleeping areas are not served by a corridor; (2) a smoke alarm must be installed on the ceiling or on the wall provided the top of the alarm is not less than 10 cm or more than 30 cm from the ceiling; (3) smoke alarms must be installed with a permanent connection to an electrical circuit, with no disconnect switch, except for the overcurrent device, or they must be battery-powered; (4) when several smoke alarms must be installed in a dwelling unit, they must be wired so that the activation of one alarm causes all alarms to sound simultaneously, except if they are battery-powered alarms. Smoke alarms in a rooming house or in building erected after August 27, 1985, must be permanently connected to an electrical circuit with no disconnect switch, except the overcurrent device Every lessee or occupant of dwelling unit must ensure that the battery or the overcurrent device that feeds a smoke alarm in a dwelling unit is in place and in good working condition. SUBSECTION 4 FIRE DETECTION AND ALARM SYSTEMS Except as provided in article 64.46, a building of more than 3 storeys, including the basement floors or of more than 10 dwelling units or rooms in a rooming house must be provided with a fire detection and alarm system in accordance with the Construction Code. However, when a residential use constitutes the main use of the building, such a system is not required in the following cases: (1) no more than 4 dwelling units are served by a public means of egress; (2) a building of no more than 3 storeys in building height where each dwelling unit is served by an exterior exit leading to ground level; (3) a building of 3 storeys in building height and containing no more than 10 dwelling units or rooms in a rooming house /13

14 When required under article 64.45, an existing fire detection and alarm system must include: /14 (1) smoke detectors at the top of each exit stairwell; (2) fire detectors at the following places: (a) in every dwelling unit; (b) in every public corridor; (c) in every waste storage area that is not part of a dwelling unit; (d) in every service room that is not part of a dwelling unit; (e) in every elevator shaft; (f) in every storage garage; (g) in every suite or room that is not part of a dwelling unit; (3) on every storey, at least a horn at least 150 mm in diameter or equivalent, connected to the detectors required under paragraphs (1) and (2) and manual pull stations required under paragraph (4); (4) on every storey, manual pull stations near every required exit; (5) a panel consisting of one or more circuits under electronic surveillance, an emergency electrical power source, and a visual and audible trouble indicator Every existing fire detection and alarm system must be put to the test to ensure compliance with CAN/ULC-S536-M When a building partly occupied by a residential use contains another main use for which a fire detection and alarm system is required under another by-law, the residential part of the building must be served by the same system. SUBSECTION 5 PORTABLE EXTINGUISHERS AND STANDPIPE AND HOSE SYSTEMS The public areas of a building containing more than 4 dwelling units or rooms in a rooming house must be provided with category 2-A:10-B.C. portable fire extinguishers, on each storey near exits, in sufficient number so that the travel distance to reach one from the exit door of a dwelling unit, of a room or of any other room, does not exceed 23 m.

15 A building of more than 4 storeys in building height must be provided with a standpipe and hose system consisting of: (1) on every storey, at least one hose station, with a flexible pipe 38 mm in diameter and no more than 30 m long, capable of spraying every part of the storey by projecting water at 9 m; (2) on every storey above the fourth storey, at least one hose connection 64 mm in diameter capable of spraying all parts of the storey with a flexible pipe no more than 30 m long, projecting water at 9 m; (3) a two-way connection outside the building in a visible and easily accessible location; (4) a residual water pressure of at least 207 kpa with a flow rate of 6.3 L/s at the topmost outlet. SUBSECTION 6 HEATING EQUIPMENT Solid-fuel-burning equipment or oil burning equipment must be in accordance with the following standards or previous editions of standards applicable at the time of installation of the appliance or equipment: (1) CAN/CSA-B365-M91 Installation Code for Solid-Fuel-Burning Appliances and Equipment; (2) CAN/CSA-B139-M91 Installation Code for Oil Burning Equipment No combustion stove may be installed or used in a room of a rooming house A service room where a fuel-burning appliance has been installed must be provided with a fresh air inlet well suited to the operation of the appliance. SECTION III GUARDS AND HANDRAILS Balconies, galleries, roof decks, overhead walkways and mezzanines must de provided with guards at least 900 mm high on all open sides where the difference in level exceeds 600 mm An exterior stairway with more than 6 risers must be provided with a guard at least 900 mm high on all open sides where the difference in level between the stairway and adjacent ground level exceeds 600 mm /15

16 An interior stairway with more than 3 risers must be provided with a guard at least 900 mm high on all open sides In the case of an interior stairway serving more than one dwelling unit and in the case of a balcony, a gallery, a roof deck and an overhead walkway, the size of any opening through guards must be designed to prevent any spherical object 100 mm in diameter from going through A balcony or a gallery serving a single dwelling unit and where the difference in level between the floor and ground level does not exceed 900 mm is not subject to article An interior stairway must be provided with one handrail when its width is 1100 or less, and with 2 handrails when its width is more than 1100 mm. A handrail must be continuous, except when it is interrupted by doors or posts An interior stairway with more than 3 risers must be provided with a handrail. 15. That by-law is amended by adding the following chapter and article after article 66: CHAPTER XI.1 INTERPRETATIVE PREVISION This by-law may in no way be interpreted as to restrict or limit the scope of a more specific or a more stringent requirement in an another by-law The Housing By-law (R.B.C.M, chapter L-1) is repealed. The public notice relating to this by-law was posted at city hall and published in The Gazette on May 6, /16