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BRANCH OPINION


OCCUPANT LOAD DETERMINATION

Question: Does Table 3.1.16.1 limit a designer's ability to determine occupant load?

The Code defines occupant load as the number of persons for which a building or part of a building is designed. Occupant loads are used to assess the number and width of exit facilities, the width of access routes leading to exits, the number of sanitary fixtures, whether a fire alarm system must be installed, and certain additional requirements for high buildings.

An occupant load is determined on the basis of the total number of persons that a building, or space, is expected to accommodate. In most cases, the owner/tenant and design team determine the expected number of occupants based on the nature of the occupancy and use. Where the occupant load is unknown or uncertain, designers can turn to Table 3.1.16.1. for guidance on occupant loads for typical uses. Specifically, Clause 3.1.16.1.(1)(c) allows designers to choose the occupant load based on the number of persons for which the area is designed or on the occupant load concentration found in Table 3.1.16.1.

Table 3.1.16.1. is not intended to be an upper or lower limit on occupant load design. For example, even though the table lists 9.3 m² per person for offices, it is permissible to have offices that provide less space per person. In this case, the occupant load of the offices would be higher than that normally anticipated and the higher value would be used for Code design purposes. Similarly, one might design a classroom to provide more space for students than the 1.85 m² per person value in Table 3.1.16.1. The design occupant load of the classroom would be lower than that normally anticipated by the Table.

There are three important exceptions to this approach. Where the space is used as an assembly occupancy with fixed seats, Clause 3.1.16.1.(1)(a) requires the occupant load to be based on the actual number of fixed seats. Similarly, Clause 3.1.16.1.(1)(b) requires the occupant load for dwelling units and suites to be based on 2 persons in each sleeping room or sleeping area. Finally, the Code sets an upper limit on the occupant load (lower limit on the area per person) in restaurants where alcohol is served and drinking establishments. The seating and standup areas of bars and restaurants are limited to ensure occupants can easily evacuate in an emergency. Sentence 3.1.16.1.(5) limits the design occupant load of these areas to 0.6 m² per person.

A notice must be posted where the design occupant load varies from that found in the table. The sign is to include the actual design occupant load and be located in a conspicuous location. Posting helps ensure that the building will not become crowded beyond its capacity. Similarly, it provides a signal to the building occupants, future users, and fire and building officials that the space has been safely designed to accommodate a specific number of occupants in terms of the aforementioned exit, egress, plumbing fixture, early warning and high building requirements.

It is prudent for designers to consider future use of the building and to make allowance for reasonably foreseeable changes in occupant load. Other legislation may also govern the maximum number of persons permitted in certain occupancies, and may at times be considered applicable law.

This opinion is provided by the Housing Development and Buildings Branch of the Ministry of Municipal Affairs and Housing. Under the Building Code Act, the local municipality is the authority having jurisdiction for enforcing the Ontario Building Code Act and its Regulations. 
 


Article 3.1.16.1. - Occupant Load (1)

(1) The occupant load of a floor area or part of afloor area, or of a building or part of abuilding not having a floor area, shall be based on

(a) the number of seats in an assembly occupancy having fixed seats,

(b) 2 persons per sleeping room or sleeping area in a dwelling unit or suite, or

(c) the number of persons

(i) for which the area is designed, or

(ii) determined from Table 3.1.16.1. foroccupancies other than those described in Clauses (a) and (b).

(2) If a floor area or part thereof has been designed for an occupant load other than that determined from Table 3.1.16.1., a permanent sign indicating that occupant load shall be posted in a conspicuous location.

(3) For the purposes of this Article, mezzanines, tiers and balconies shall be regarded as part of the floor area.

(4) If a room or group of rooms is intended for different occupancies at different times, the value to be used from Table 3.1.16.1. shall be the value which gives the greatest number of persons for the occupancies concerned.

(5) Except as provided by Sentences (6) or (7), in dining, alcoholic beverage and cafeteria spaces the occupant load shall be determined from Table 3.1.16.1.

(6) The occupant load in Sentence (5) is permitted to be the number of persons for which the space is designed.

(7) The occupant load in Sentence (6) shall be not more than that determined by using an area of 0.6 m² per person.



Ali Arlani
Manager, Code Development and Training

October 25, 1999



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