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Is a stair lift in a rented Ottawa house regulated differently?

Question

Is a stair lift in a rented Ottawa house regulated differently?

Answer from Accessibility IQ

Ontario Regulation 209/01, which governs elevating devices under the Technical Standards and Safety Act, does not apply to lifts in or connected with private dwelling houses used exclusively by the occupants and their guests. The owner can ask in writing for the Regulation to apply.

A rented house raises the question of whether that description fits. The exemption is written for a private dwelling house used exclusively by the occupants and their guests. Whether a rental property meets that description is something TSSA decides through its own questionnaire, published to help determine whether premises qualify as a private dwelling house. This site cannot say that a rented house does or does not fall under the Regulation; that is exactly what the questionnaire is for. TSSA licenses elevating-device contractors and mechanics for the devices its Regulation covers.

There is a separate rule worth knowing. Ontario Regulation 209/01 also does not apply to lifts for persons with physical disabilities that rise 600 mm or less and are not accessible to the general public. If the stair lift in question rises no more than 600 mm, that second exemption may apply regardless of whether the property is rented, though the "not accessible to the general public" condition still applies.

A few other points are specific to a rental situation. The March of Dimes Canada Home and Vehicle Modification Program, which funds home modifications for people with qualifying disabilities and financial need, states that it does not fund vertical platform lifts in rental situations, and that renters need landlord approval before the program will consider an application. Stair lifts are on the program's list of eligible items, but the landlord-approval requirement still applies to a renter. The program will not repay any cost incurred before it authorizes the work.

On the permit side, a stair lift is not on the City of Ottawa's published permit list in either direction. Work that opens a wall or floor may be a structural alteration, which is on the permit list. Ask the City of Ottawa's Building Code Services whether your specific installation requires a permit.

Before you sign a contract with any installer, ask them directly whether they have confirmed with TSSA how this property is classified and what, if anything, that means for how the installation is carried out.

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Accessibility IQ -- Built from the Ontario Building Code, Ontario regulations and City of Ottawa sources and real construction experience. Answers are for informational purposes only and are not a professional assessment.

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