9.40.1. Scope
9.40.1.1. Application
(1) This Section applies where proposed construction in respect of an existing building will result in any of the following changes of use of all or part of the building:
(a) a change of the major occupancy of all or part of a building that is designated with a “Y” in Table 1.3.1.4. of Division C,
(b) a suite of a Group C major occupancy is converted into more than one suite of a Group C major occupancy,
(c) a farm building or part of a farm building is changed to a major occupancy,
(d) a building or part of a building is changed to a post-disaster building, or
(e) the use of a building or part of a building is changed and the previous major occupancy of the building or part of the building cannot be determined.
(2) For the purposes of this Section and Sentences 11.4.2.1.(1) and 11.4.2.5.(4), the changes of use set out in Clauses (1)(b) to (e) are also deemed to constitute a change in major occupancy.
(3) The requirements of this Section are in addition to the requirements of other Parts of the Code as they apply to the proposed construction.
9.40.2. Additional Construction
9.40.2.1. Change of Use and Compensating Construction
(1) Where proposed construction will result in a change of use described in Clauses 9.40.1.1.(1)(a) to (d), additional construction shall be required in order that the building or part of a building subject to the change of use conforms to the requirements of Subsections 9.5.1. and 9.5.3. to 9.5.10., Section 9.6., Article 9.7.2.3. Sentences 9.7.5.1.(2) and 9.7.6.2.(1) and (3), Articles 9.8.8.1. and 9.9.10.1., Subsection 9.10.17. and Sections 9.31., 9.32. and 9.34. as they apply to the new major occupancy that the building or part of a building is to support.
(2) For the purposes of this Article, existing buildings shall be classified as to their construction and occupancy as provided for in Sentence 11.2.1.1.(1).
9.40.2.2. Performance Level Evaluation and Compensating Construction
(1) The performance level of a building after construction shall not be less than the performance level of the building prior to construction.
(2) For the purposes of Sentence (1), reduction of performance level shall be determined in accordance with Articles 11.4.2.1., 11.4.2.3. and 11.4.2.5.
(3) Where the proposed construction would reduce the performance level of an existing building, compensating construction shall be required in conformance with Articles 11.4.3.1., 11.4.3.2., 11.4.3.4. and 11.4.3.6.
(4) Section 11.5. applies in respect of the requirements of Sentences 11.4.3.4.(1), (3) and (4).
