Hello,
I wanted to respond your inquiries posted on this thread. Paul and I have been creating accessory apartments and been involved in construction for over a decade. Paul forwarded me this thread and since I have spent several years designing basement apartments for real estate investors we have worked for, I thought I would quickly respond to your questions:
First, the requirements for the driveway sound close to having tandem parking. A minimum of 5.5 metres of width is required which equates to approximately 18' 1/2". In most municipals, 50% of your frontage must remains green space. Most municipalities are very specific about this and do not allow variances to occur. In Oshawa, by-law requires thre parking spaces (1.3 spaces for each unit) for accessory apartments. And two spaces can be in-line but one must be beside; hence, 5.5 metres of width.
Please note, in the region we work, without 36' 1" or 11 metres of frontage you cannot have that parking. 36' will not get you tandem parking in Oshawa. You may want to verify that detail in your municipality.
You will need a path of egress. Egress is the route escape for your tenants and the path of rescue for firefighters. For egress a path of at least 6' 5" must be maintained from the bedrooms to the point of escape. A point of egress can be a window or door. For a window to be a point of egress, the Ontario Building Code (OBC) requires that the window be no less than 3.8 SF, or 0.35 square metres, with a width and height dimensions no less than 15". I prefer to have a height of at least 18", if possible, on an egress window. Also, escape windows (egress windows) cannot be more than 44" from sill to floor without installing a fix object that can be used to climb out of the window. An apartment unit, each apartment, requires at least two points of egress. You can use one bedroom window and the front door; as long as, the path of egress is maintained to the point of egress.
Also, in regards to window sizing for basement apartments:
A bedroom or office requires a window that is 2.5% of the square footage of the room. (I.E. 120 SF bedroom requires a window that is 3 SF; remember, if the bedroom window is an egress, it needs to be a minimum of 3.8 SF)
As for living and dining rooms, a minimum of 5% of the square footage of the room size. (I.E. 150 SF living room requires a window 7.5 SF in size)
Please note, if you have a shared room, such as a kitchen/dining room, the square footage of the whole area is taken into account. I say this because there are several rooms that do not require windows for OBC:
Kitchens, bathrooms and storage rooms are three of the most common rooms in an apartment that do not require windows; unless they are combined with the rooms that require windows. (See above examples)
And yes, you will need to maintain a clearance of 6' 11" for 75% of the apartment. Be careful that you take into consideration it is a FINISHED height. Egress and height clearances are all based on what the floor and ceiling height finish at. For example, if you install a 12 mm laminate in the basement and you are already at 6' 11", you will not meet the OBC requirements. I have spoken to inspectors that made contractors/owners' remove concrete to reach the OBC requirements. So, be prepared and be aware of the height in all parts of the basement apartment and what your finished heights will be.
I believe that answers all of your basic questions, but here are a few pointers, Paul and I have come across over the past few years of creating legal apartments:
1) Permits are required; as well as, licensing. In most municipalities these are two distinct departments. The building department will work with you on your plans to convert; as well, all inspections for construction (plumbing, framing, forming, windows and doors, insulation, etc).
Licensing along with the Fire Marshall will want to do a walk through at the end to ensure you meet all the requirements for making your apartment legal. Don't be too concerned about their walk through. If you have met all the requirements of the OBC, there are only minor things that the Marshall or licensing inspector will catch. Usually they are as simple as a piece of drywall in certain areas or extra fire retardant insulation or closures on doors... in most cases.
2) Speaking of Fire Marshall, fire code and OBC require that in new construction, which is what a
conversion is considered, requires integrated smoke alarms in all units. Most municipalities require that your HVAC systems be two separate units for each apartment. In some cases, if you have an existing HVAC system, you can be exempt from this under Section 11 of the OBC (which basically reads, if you don't touch it you don't have to modify it). In those cases, an integrated-inline smoke detector is required in the furnace which will abruptly stop the furnace in the case of a fire.
3) In regards to the path of egress, ensure that if your path goes up stairs that you maintain the required head height up the stairs as well.
4) Be prepared in your design to maintain a fire barrier between units. That means a minimum 30 minute fire rating. This is usually one sheet of fire code drywall on the ceiling. However, in basement apartments, some building inspectors will be concerned where walls join the ceiling. In the past, we had to double plate all basement walls to maintain the minimum fire rating. Make sure you double plate; two 2x4's have the minimum burn time.
Also, exterior walls are not always straight and sometime there are gaps where the stud walls adjoin. In those situations, we installed a double top plate, but have made the very top plate a 2x6 to allow for the variance of the foundation wall.
5) ESA (electrical safety authority) inspections are required for electrical alterations for your plan. Please make sure to hire a licensed electrical contractor who pulls permits for your project.
Warning: The Fire Marshall will require this inspection to be done. If it is not then a general inspection of all units for accessory apartments (which used to be called an 801 general inspection for apartments) will be required and this could be costly and require major modifications. Do it once and do it right!
There are many other requirements and restrictions depending on the municipality you are in. Some will require a certain level sound barrier (known as an S.T.C. rating) or fire rated glass in windows or electrical panel upgrades (I recommend you make it 200 amp if you have two apartments).
If you have any other questions Paul or myself would be more than happy to answer to the best of our abilities.
Also, since i drafted this I noticed your question about permit costs. In most municipalities I had any dealing with they are usually falls is a cost of $6/metre. But I am not sure if Hamilton is the same.
For specific detail in for for your municipality I would contact The Building Department and speak with a plans examiner. These are the same people you will be submitting plans to and I will be able to answer costs for your permits specifically.
Sorry, don't know any examiners in that office or I would give you the best person to talk to.
