Illegal vs Legal Suites 101. What’s the Difference?
Calgary like many Canadian cities, has a swale of illegal suites outreaching to all different communities. There are hundreds of illegal suites that may be perfectly safe to live in, but are not ‘legal’ suites for a multitude of factors and variables. To the same degree, there are hundreds of illegal suites that ARE NOT safe to live in, but the dire housing situation has forced those seeking shelter into unfortunate situations.
First to understand what a legal suite is, we must define the two main groups that suites fall into in the City of Calgary.
1. Secondary Suites: A secondary suite is a second dwelling unit contained within a house. The house can be a single-family home, semi-detached (side-by-side), duplex (up and down) or rowhouse. The suite is commonly located in the basement as a separate dwelling unit.
2. Backyard Suites: A backyard or garage suite is separate from the dwelling unit, and are typically located above a garage, or in the yard.
The suite must include a bathroom, cooking facilities, sleeping area, and have direct access to your suite without going through the main residence. A legal suite is constructed in compliance with standards, codes, and regulations which are derived from the current National Building Code – Alberta Edition. Some of which are:
a. Building Permits: Building Permits are utilized as a mechanism for the City of Calgary to confirm that the building (suite) has all life safety measures required in place and is confirmed via inspection process.
b. Egress Windows: Each bedroom must have at least one window that can be fully opened and used to escape during an emergency (such as a fire). These windows will have an unobstructed opening of 0.35m2 (3.8 ft2) in area with no dimension less than 380mm (15”). If window wells must also be provided with minimum clearance of 550mm (21.5”) for an existing, and 760mm (30”) for new.
c. Smoke & Fire Protection: It is crucial for safety to prevent the spread of smoke and fire. The building code necessitates installing smoke-tight partitions between the main residence and any adjoining suite, as well as in common areas and/or the furnace room. ½” drywall with drywall compound must be applied to both sides of studs, with all penetrations appropriately sealed. The mechanical room must also have a solid door with a self-closing device.
d. Sound Proofing: Each dwelling unit must be isolated and built with soundproofing materials to reduce noise transmission between units. This potentially includes insulation between joists, walls, and will also require resilient channel installed to a side of the separation. The objective is an STC rating of not less than 43.
e. Smoke & Carbon Monoxide Alarms: Smoke and Carbon Monoxide alarms are required at/near the ceiling of each floor of both residences, and are necessary in each bedroom, common space, and supplementary spaces including mechanical room. They must be permanently wired to the electrical panel, and be interconnected to all alarms in the suite will activate, and at least one in the other residence will activate.
f. Entry & Exits: Both the main residence and the suite must have at least one exit directly leading outside. This exit could be a door to an exterior stairwell or a door to a shared interior stairwell that is separate from both the main residence and the suite.
g. Plumbing: Suites must have a supply of hot water and at least one kitchen sink, bathroom sink, toilet, and a bathtub or shower. A backflow prevention device on branch drains to the sanitary sewer line is also needed.
h. Electrical: A shared electrical panel can serve both suites, as long as there are no circuits shared between them. It is advisable to place the electrical panel in a common area or ensure each tenant has access to it, but not required.
i. Registration: The suite must be registered with the City of Calgary in order to finally be deemed legal.
Calgary grapples with a multitude of illegal suites, ranging from potentially safe to hazardous. Legal secondary and backyard suites, built to rigorous standards, exemplify safe housing solutions. While illegal suites may provide temporary relief, they often lack crucial safety measures mandated by city codes. Striking a balance between accessibility and safety is crucial. By promoting compliance and ensuring stringent enforcement, Calgary can better meet its housing challenges while prioritizing resident safety and well-being.
