New regulatory requirements for builders pertaining to access for individuals with reduced mobility in residential dwellings

By Marie-Claude David

The adoption of Order in Council #990-2018 on July 3, 2018 introduced substantial changes to section 3.8 of Chapter I (Buildings) of the Quebec Construction Code and National Building Code (Quebec modified). The Quebec Government added to its current barrier-free provisions and other accessibility requirements by introducing a series of new measures to reduce physical obstacles and improve circulation for persons with reduced mobility in constructions of new residential dwellings.

Consequently, every new residential building subject to the Code’s application must meet these new construction standards. In order to ensure a smooth implementation of these new rules, the Government (through la Régie du bâtiment du Québec) provided a transition period that will expire on September 1, 2020. Any construction works begun before this deadline will be exempted from the application of the new rules.

With very few exceptions, these regulatory amendments apply to construction projects of new residential dwellings located on the ground entrance level or upper floors, in buildings of more than two storeys and more than eight units, as well as those serviced  by an elevator and that are not otherwise exempted from the Code. It is also important to remember that the current and new standards set by section 3.8 of the Code (Barrier Free design), do not apply to certain types of buildings, namely, isolated, semi-detached or row-type housing units, duplex, triplex, boarding houses or rooming houses of less than 10 rooms.

The introduction of these new Architectural/Design regulatory requirements gives a certain flexibility to professionals, developers and contractors, by offering them the option of implementing two accessibility concepts; the minimally accessible housing or the adaptable housing.

The minimally accessible housing concept for dwelling of residential occupancy design and construction integrates facilities in certain portions of the construction. This is meant to meet the needs of a person with one or more disabilities or limitations, and prescribes minimal access to at least one washroom, a living room and a dining room.

It must cover the needs of the following profile of individual:

• those who are visited by handicapped or persons with limited mobility;
• persons with a temporary incapacity resulting from a medical condition or an accident;
• families with young children;
• persons with loss of mobility.

As an improvement from the current code, the new rules require the implementation of the barrier free travel path architectural concept, which refers to the possibility for a handicapped  or limited mobility person to move in a residential area without meeting any physical obstacles or having to change their intended direction or movements. This barrier free travel path must be extended from the dwelling entry door to each of the following living quarters:

• a washroom;
• a living room;
• a dining room.

This new concept will also require that certain adjustments be made at the conceptual or design stage of the housing construction project.

These adjustments cover:

• the doors and door frames width;
• the door thresholds;
• the types of door handles;
• the door clearances;
• the unencumbered and obstacle free areas on each side of doors;
• the width of corridors and interior paths;
• the electrical facilities and other security equipment height located near or alongside the barrier free path;
• the bathroom dimensions and configurations.

As for the adaptable housing architectural concept, it is suited to answer and meet the daily needs of disabled or limited mobility occupants. The dwellings covered by these requirements offer more accessibility to more types of rooms: bathroom, living room, kitchen, at least one bedroom and if applicable, a balcony. Furthermore, they also impose an ease of adjustment of the living spaces in accordance with the specific needs of said occupants. Moreover, it requires that the barrier free path should be extended from dwelling entrance door to the interior of the following spaces:

• a bathroom;
• a living room;
• a dining room;
• a kitchen;
• at least one bedroom;
• a balcony (if applicable).

A contractor who intends to build residential dwellings in accordance with this type concept must take into account the design of the following items:

• the doors and door frames width;
• the door thresholds;
• the types of door handles;
• the door clearances;
• the width of corridors and interior paths;
• the electrical facilities and other security equipment height located near or alongside the barrier free path;
• the bathroom dimensions and configurations (the clearances) and a some items (sink, bath, showers);
• the addition of a nailing backboard able to support grab-bars;
• the adapted bedroom minimum dimensions;
• the kitchen dimension and configuration (the clearances) and plumbing;
• the living room, kitchen and dining room dimensions and configuration.

In conclusion, the main purpose of these new standards and requirements is to add innovative concepts and items to the existing construction code dispositions. Upon the expiration of the transitional period on September 1, 2020, these new measures will be enforced by the Régie du bâtiment inspectors.

Those interested to learn more on this subject can consult the following references:

• Order in Council #990-2018, July 3^rd, in Gazette officielle du Quebec No 29, July 19, 2018, page #4966; and
• Quebec Construction Code, chapter 1 – Buildings and National Building Code – Canada 2010 (Quebec modified)

Key Contacts

Francois L’Heureux

Diana  Lyrintzis

Marie-Claude David