Division A (Meaning) - Re: Fire Code

Caledon Mountain Trout Club v Caledon Fire and Emergency Services, 2017 CanLII 38228 (ON FSC)

23. Division A of the Fire Code, s. 1.4.1.2 provides the following definitions for major occupancy and residential occupancy:

“Major occupancy means the principal occupancy for which a building or part thereof is used or intended to be used, and includes the subsidiary occupancies that are an integral part of the principal occupancy.”

“Residential occupancy means an occupancy in which sleeping accommodation is provided to residents who are not harboured for the purpose of receiving special care or treatment and are not involuntarily detained.”

There are two ways in which the Club building could meet the conditions of the s. 9.1.2.2.(1) exemption. First, if the accommodation area can be considered a residential occupancy of no more than one dwelling unit with no other major occupancy. Second, if the entire building is a residential occupancy of no more than one dwelling unit.