Date of Publication: January 19, 2026 [2023.20.V-02.C]
Subject: Barrier-free and plumbing requirements for live/work units. 2024 OBC UPDATE
Summary of Updates: Updated OBC references only.
Subject/Incoming Request:
What are the barrier-free (Section 3.8 of Div B) and plumbing facilities (Subsection 3.7.4.) requirements for live/work units?
Executive Summary:
Live/work units are intended to be considered as dwelling units. As such, only the barrier free and plumbing requirements for a Group C major occupancy apply.
Discussion and Considerations:
The OBC defines a live/work unit as “a dwelling unit having an area of not more than 200 m2 that contains a subsidiary business and personal services occupancy or a subsidiary low hazard industrial occupancy, and which is used and operated by one or more persons of a single household”
Since a live/work unit is defined as a type of dwelling unit, (a residential occupancy) we can assume that the major occupancy type is “C”. The D or F1 use permitted within the dwelling unit is specifically referred to in the definition as a subsidiary occupancy, which would possibly mean that other areas of the code (accessibility, plumbing facilities, safety in floor areas, etc) would apply for that occupancy type, even though it is not a major occupancy. This is where the confusion arises.
A look at the history of live/work units helps to clarify. The definition first appeared in the 1997 OBC, and was intended as a practical way of legally combining living and working spaces in response to the Toronto arts community. Through consultation between interest groups, the City of Toronto and the OBC code representatives of the day, the definition was arrived at which includes office uses (D) as well as small artist workshops (F3).
The focus of defining a live/work unit at that time was on practicality and simplicity, with the recognition that the work portion of the live/work unit was very much subsidiary, and the unit overall was to be treated as a dwelling unit. It was never contemplated that barrier free provisions of the code would be applied for the work portion. The same can be said of the requirements for plumbing facilities, which is also reflected in the definition.
The idea that a live-work unit is a type of residential occupancy is also reinforced by 9.5.3.1.(1). and 9.10.9.13.(2), (3), and (4) where the live/work units are specifically grouped in with dwelling unit exemptions for certain code provisions.
Risk/benefit analysis:
By not enforcing barrier- free provisions in the work portion of a live/work unit, some members of the public may be denied full accessibility to all areas and facilities within the building. However the code generally acknowledges that within a dwelling unit, occupants are familiar with their surroundings or have household members available to assist them in any accessibility needs.
Building officials need to ensure that applicants are made aware of the limitations of a live/work unit and do not attempt to use the unit as a commercial unit.
Conclusion :
The description of the “work” portion of a live/work unit as a “subsidiary occupancy” is a poor choice of terminology, as subsidiary occupancies would typically be subject to some code provisions that apply to that occupancy type. A better term might be a “subsidiary occupancy, not subject to health and safety provisions of the major occupancy of the same classification.”
The code states that a live/work unit is a dwelling unit. Live/work units were never intended to be used by the public or employees, but only by “persons of the household”. For those reasons the “work” portion of the unit is not subject to barrier free and plumbing facility provisions of the major occupancy of the same name.
Referenced Documents:
2024 Ontario Building Code [O.Reg 163/24 Amended to 5/25]:
Article 1.4.1.2. of Div. A – Defined Terms
Article 9.5.3.1. of Div. B – Ceiling Heights of Rooms or Spaces
Article 9.10.9.13. of Div. B - Separation of Residential Occupancies
Disclaimer:
This guidance document is intended to assist building officials by gathering relevant information to interpret the OBC Act and the prescriptive requirements of the Ontario Building Code, and is intended to be a best practice aid for building officials.
The views expressed within this guidance document should not be considered as the official interpretation of legislated requirements based on the Ontario Building Code, as the final responsibility for interpretation rests with the local Authority Having Jurisdiction. The views of this advisory committee should not be construed as legal advice.