Date of Publication: September 18, 2025 [2022.13.V-02.C]
Subject: Privacy Cabins and Pods 2024 OBC UPDATE
2024 Ontario Building Code [O.Reg 163/24 Amended to 5/25] Reference(s):
Division B - Part 3, Part 4, Part 6
Summary of Changes: Minor editorial changes. No change to recommendation.
Incoming Request:
What are the Ontario Building Code (OBC) requirements for prefabricated privacy cabins and pods? Can they be treated as free-standing furniture?
Note: For the purposes of this guidance document, the term privacy cabin includes pre-manufactured office pods, phone booths, and privacy cabins.
Scenario
The fourth floor of an existing Group D building is undergoing a tenant fit up. The designer is proposing to install privacy cabins in the open floor area, in lieu of constructing permanent meeting spaces. The cabins typically hold 1-8 persons but can be interconnected to accommodate a larger group.
Is a building permit required to install the privacy cabins?
Executive Summary:
Although pre-manufactured privacy cabins may be advertised as furniture, the installation of a privacy cabin within an existing floor area could impact overall OBC compliance. To
evaluate the existing performance level and what impacts the installation of a privacy cabin may have on the existing floor area, a building permit will be required.
Discussion & Considerations:
As per the Ontario Building Code Act, construction means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and construction has a corresponding meaning.
As per the OBC, floor area means the space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls and partitions, but does not include exits, vertical service spaces and their enclosing assemblies.
It is important to note that the construction of a pre-manufactured privacy cabin is outside the scope of the OBC. Therefore the evaluation of a pre-manufactured privacy cabin is limited to the installation within the floor area.
Evaluating the installation of a pre-manufactured privacy cabin within the floor area will help to identify OBC requirements which may be negatively impacted as a result. These impacts should be captured by way of building permit application, complete with specifications and architectural plans. The evaluation should include, but is not limited to, the following:
Existing Sprinkler System
Privacy cabins are moveable, sometimes complete with wheels. They are self-contained and do not extend to the ceiling level. The installation location of a privacy cabin with respect to the existing sprinkler system layout may deem the sprinkler heads at the ceiling level above as non-compliant with NFPA 13. To maintain adequate sprinkler coverage, modifications to the existing sprinkler system may be required.
The edition of NFPA 13-2019, which is currently referenced by the OBC does not specifically speak to privacy cabins. However, any versions of NFPA 13, other than the version referenced in the OBC, may be reviewed by the AHJ as an alternative solution.
NFPA 13-2022 is the most recent edition of the standard, which considers privacy cabins as temporarily occupied enclosures. As per 9.2.10.1., ‘sprinklers shall not be required in small isolated temporarily occupied enclosures that do not extend to the ceiling’. 9.2.10.2. goes on to note that ‘the maximum permitted area of the small temporarily occupied enclosures shall not exceed 24 ft² (2.2 m²), and storage shall not be permitted’. Many privacy cabins on the market exceed that maximum area and therefore, as per NFPA 13-2022, would be required to be sprinklered.
Fire Alarm System Audible Signal Device
Privacy cabins are marketed as a great space where one can work in silence or conduct private conversations, and as a result, feature high levels of sound reduction. As such, hearing the audible signal device of a fire alarm system may prove difficult for the occupants of a privacy cabin. Provisions for minimum dBA levels are outlined in 3.2.4.18. of the OBC, dependent on occupancy and supplemental visual signaling devices.
Barrier Free Accessibility
As per 3.8.2.1. of the OBC, a barrier-free path of travel shall be provided throughout all normally-occupied floor areas. Where privacy cabins are installed in lieu of constructing permanent meeting spaces, these areas are not exempt from barrier-free path of travel requirements. This may result in the need for a barrier-free ramp, where entrance into a privacy cabin requires the occupant to step up into the space, unless alternate similar accessible spaces are provided within the same floor area. Minimum door widths, clearances, and operation will also require review for compliance with 3.8.
Travel Distance
Travel distance means the distance from any point in the floor area to an exit measured along the path of travel to the exit. 3.4.2.5. Location of Exits, outlines minimum travel distance requirements. Based on the definition of floor area, a privacy cabin would have to comply with said requirements. The installation of multiple privacy cabins within an existing floor plate, may create an issue with existing travel distance design.
Non-combustible Construction, Exit Lobbies and Flame Spread
Special attention must be paid to the 3.2.2. classification of the building and location of privacy cabin within the building. The privacy cabin is an occupiable space and therefore should not be considered as millwork.
With respect to an exit lobby, as per 3.4.4.4., a privacy cabin would not be permitted in this location. This would include a smaller privacy cabin (e.g., phone booth). A review of flame spread requirements vs ratings may also be necessary.
Ventilation
The ventilation requirements within Part 6 of the OBC are to be maintained throughout the floor area. While it appears that some privacy cabins are provided with means to ventilate the space, confirmation that the ventilation is OBC compliant would be required.
Structural
Dependent on the size and weight of the privacy cabin(s), a review of the existing structure and additional loading may be required.
Risk/Benefit Analysis:
The installation of a pre-manufactured privacy cabin during tenant fit up, specifically within an existing space, may reduce the overall performance level of the existing floor area.
Final Recommendation:
Pre-manufactured privacy cabins should be reviewed as temporary occupiable enclosures, not as furniture. The installation of a privacy cabin may reduce the overall performance level of a floor area and therefore, a building permit is required to evaluate possible impacts to OBC compliance.
Recommendation to Ministry of Municipal Affairs and Housing:
None at this time.
Referenced Documents:
- 2012 Ontario Building Code Division B: Part 3, Part 4, Part 6
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.