Proposed Change 1881

The National Building Code of Canada (NBC) consolidates technical requirements for accessibility in Section 3.8. of Division B. While placing accessibility requirements in one section helps Code users to locate these requirements in the Code, the current structure and application of Section 3.8. creates the following two problems for identifying and applying the technical requirements that address various levels of accessibility of dwelling units:

1. Clause 3.8.2.1.(1)(a) exempts from the Section 3.8. accessibility requirements several types of dwelling units, including detached houses, semi-detached houses, houses with a secondary suite, duplexes, triplexes, townhouses, row houses and boarding houses. This is a problem because persons with disabilities may not be able to access or use the facilities of many houses, thereby making it difficult for these persons to:
   • remain in their own dwelling unit without requiring costly alterations, and
   • visit the dwelling units of friends or family.
2. Section 3.8. was written in consideration of the exemption in Clause 3.8.2.1.(1)(a). New technical requirements would need to be consolidated to address the need to:
   • reduce the cost of renovating the dwelling units to address a person's changing needs or progressing disability, and
   • facilitate access to the dwelling units of friends or family during visits (i.e., visitability).

As a result, new Subsections in the NBC are needed. 

The proposed change modifies the framework in Section 3.8. to:

1. alter the exemption in Clause 3.8.2.1.(1)(a) to allow Section 3.8. to apply to all types of dwelling units,
2. create new Subsections that consolidate technical requirements for the adaptability and visitability of dwelling units (Subsections 3.8.4. and 3.8.5., respectively), and
3. define the application of new Subsections 3.8.4. and 3.8.5.

This proposed structure is supported through the following related PCFs:

• PCF 1880 proposes to expand the accessibility objectives in the NBC to include all types of dwelling units,
• PCF 2028 proposes to revise the scope of Section 3.8. to include new Subsections 3.8.4. and 3.8.5.,
• PCFs 1883 and 1957 propose technical requirements that apply broadly to dwelling units and that address low-cost elements of adaptable housing, forming the basis of proposed Subsection 3.8.4. Other PCFs (PCFs 1882 and 2031) related to technical requirements for adaptable housing are tentatively planned to be included in the Spring 2024 public review, and
• Additional PCFs (1884 and 1958) propose technical requirements for visitability that form the basis of proposed Subsection 3.8.5. and are tentatively scheduled for the Spring 2024 public review. These requirements focus on ensuring that visitable dwelling units are designed with adequate space for a person using a wheelchair to access and use the living spaces on the entrance level of the dwelling unit, including the living room, dining room and washroom.

During the current public review, PCF 1881 should be read with the assumption that the technical requirements in proposed Subsection 3.8.5. would also be included in the NBC 2025; thus, the reader should focus on the proposed framework that would introduce visitability requirements to multi-unit residential buildings as required by the authority having jurisdiction. 

By deleting the exempted houses in Clause 3.8.2.1.(1)(a), this proposed change creates a framework for applying technical requirements that apply the accessibility objective to a larger range of dwelling units. This is a critical step toward introducing minimum requirements in the NBC that address the accessibility of dwelling units for persons with disabilities, including the 10% of Canadians with disabilities related to mobility, the 5% of Canadians with disabilities related to dexterity, and the many Canadians with other types of disabilities that limit their access to facilities in the home[1].

By creating new Subsections 3.8.4. and 3.8.5. to address the basic adaptability and visitability of dwelling units, the new structure makes it easy for Code users to locate these requirements in the Code.

By defining the application of Subsections 3.8.4. and 3.8.5. in Article 3.8.2.1., Code users can quickly see where these requirements do and do not apply. In this Code cycle, adaptability is intended to focus on low-cost technical requirements that reduce or eliminate the expense and inconvenience of alterations for accessibility and is intended to be applied broadly (i.e., to all houses and some units in multi-unit residential buildings (MURBs), as required by the authority having jurisdiction). Visitability focuses on dwelling units where a barrier-free path of travel is already required to access the entrance to the unit (e.g., most units in MURBs) and as required by the authority having jurisdiction.

Several frameworks that delineate levels of accessibility in housing position adaptability ahead of visitability (i.e., requirements for adaptability are more stringent than those for visitability and include features such as height-adjustable counters), for example, in Manitoba[2]. Other frameworks address adaptability through mandatory requirements but do not address visitability (for example, Nova Scotia), implying that visitability is more stringent because it is not mandated in the Code. In the context of the NBC, the broader application of proposed adaptability requirements, combined with the focus on low-cost provisions to reduce the expense of alterations, resulted in technical requirements that were less stringent than those proposed under visitability.

To reduce confusion for Code users and simplify integration with provincial and territorial codes, proposed Subsection 3.8.4. uses the term "dwelling units" without specifying “adaptability,” since the application is intended to be broad. Proposed Subsection 3.8.5. refers to visitability through use of the term "visitable dwelling units."

Finally, many provinces (including Quebec, Alberta and Nova Scotia) have adopted a structure similar to that of this proposed change, where most or all of the accessibility requirements related to dwelling units are addressed in stand-alone Subsections within Section 3.8. As such, the proposed change is expected to advance harmonization goals by simplifying the integration of accessibility requirements related to dwelling units in the provincial and territorial codes as they are currently structured.

References

(1) Statistics Canada (2017), “New data on disability in Canada 2017”. Retrieved 12 May 2023 from:
https://www150.statcan.gc.ca/n1/en/pub/11-627-m/11-627-m2018035-eng.pdf?st=v5UqujRh

(2) Manitoba Housing and Renewal Corporation, "Visitable Housing: Community Building Through Visitable and Adaptable Housing", 2006. Retrieved Oct. 31, 2023 from: https://www.gov.mb.ca/housing/progs/pdf/visitable-housing-visitable-housing-community-building.pdf

The proposed changes to the structure of Section 3.8. and the removal of the exemptions for most types of dwelling units does not in itself introduce new costs because the proposed change does not introduce new technical requirements, nor does it expand the application of existing technical requirements for accessibility. Technical requirements that fit within the proposed structure may have different impacts on dwelling units in terms of cost, space demand, accessibility and safety. These requirements and their impact would be evaluated outside the scope of this proposed change under regular procedures for Code development, including coordination with relevant technical committees and public reviews.

This proposed change provides the necessary framework for future technical requirements related to accessibility to apply to detached houses, semi-detached houses, houses with a secondary suite, duplexes, triplexes, townhouses, row houses and boarding houses. It is also expected to simplify the application of adaptability and visitability requirements by consolidating those related to dwelling units into distinct subsections.

Finally, this proposed change preserves critical flexibility for uptake into provincial and territorial codes with different frameworks and applications of adaptability requirements by using the generic term "dwelling units" in Subsection 3.8.4. to address basic requirements that meet the goals of adaptability for this Code cycle.

Expanding the accessibility framework to all types of dwelling unit does not introduce new technical requirements. As such, the proposed change can be enforced with the existing Code enforcement infrastructure.

By consolidating the requirements for adaptability and visitability into distinct Subsections with clear application statements, this proposed change is expected to simplify the enforcement of the technical requirements within these Subsections.

Authorities having jurisdiction would need to be aware that the language used to describe adaptability and visitability in their jurisdiction may differ from that of the NBC.

The proposed change could affect:

• regulators and authorities having jurisdiction, who would need to be aware of the change to the application of Section 3.8. and the new requirements for adaptability and visitability for dwelling units,
• architects, engineers and builders, whose approach to design and construction may be affected as future requirements for the adaptability and visitability of dwelling units (which are beyond the scope of the change to NBC framework described in this proposed change) are developed for housing, and
• persons with disabilities and their caregivers, who may benefit from future minimum performance requirements for the adaptability and visitability of dwelling units, which would be enabled by the proposed change to the NBC framework.