N.S. businesses say historic buildings need flexibility for fire, accessibility rules

The owners of two historic Lunenburg County buildings say they're excited to bring new businesses to their community, but are calling for more time and support to meet current fire safety and accessibility rules.

The Old Confidence Lodge and Riverport Inn in the South Shore fishing community of Riverport, N.S., were both built as commercial businesses around 100 years ago. The lodge was built in 1929 as a theatre, while the inn opened as the Myrtle Hotel in 1908.

But over the years, the former owners changed the buildings' zoning to residential so they could live there: the hotel changed decades ago, while the lodge only became residential within the past few years when an apartment was built above the main performance space.

Now, new owners have taken over both locations and changed the use back to commercial — which means both must conform with current fire and building code regulations.

"We don't want to run afoul of anyone. We want to make sure that this space is absolutely what it needs to be and what we want it to be. And so making that happen and charting out a course has been, I think, an interesting challenge," said Chris Jackman, who owns the Lodge with his wife Shari Porter.

The Toronto couple bought the building last fall and moved into the upstairs apartment with their two children, hopeful that they could start offering music and theatre programs right away. Jackman said both he and Porter grew up in smaller communities — in Newfoundland and northern Ontario, respectively — and were drawn to the close-knit feeling of Riverport.

But then, Jackman said, officials with the Municipality of the District of Lunenburg told them the ceiling would need to be fire-proofed with special paint, and changes like new washrooms — including an accessible one — and ramp were needed before they could open in their space.

So the couple have been running music theatre camps out of the nearby community hall while renovations are underway. Jackman said they have covered most of the $100,000 price tag for the upgrades, but were left with a gap of about $25,000. They have received a $6,000 provincial grant to help with accessibility changes, and have crowdfunded another $12,000, which Jackman said has been "really wonderful."

But Jackman said it would have been "personally helpful" to have some time to run the lodge to earn money before the modern codes were enforced.

"I'd love to see more funding, more sources of support and policies that lead to there," Jackman said. 

Just down the road, Riverport Inn owner Ben Brooks is hoping to open a small restaurant and host events in the space he runs with his wife Leanne Brooks, but said municipal officials told him major changes would be needed to allow that.

Brooks said they bought the inn in early 2021, which had been sitting empty for about seven years. They did most of the renovations and redecorating themselves, and eventually hosted music and comedy events.

But this spring, municipal officials told them they'd need to install steel doors on each room on the building's main floor which has multiple smaller rooms leading into each other. They were also told the upper floors where Brooks lives, as well as the guest rooms, would have to be sealed off from the main floor for fire breaks, and a separate entrance for inn guests would be needed.

"Even if we were to try to do that, the cost implications of that would be far north of $100,000 to do it and you would end up with something we couldn't do events in … it would not make sense," Brooks said.

He said there should be some flexibility for a building that is a key historical asset to the community. Riverport was named at a meeting in the inn's dining room years ago, he added.

Brooks said they have put in a commercial kitchen, but opening the restaurant would require a ramp to allow barrier-free entry. Instead, he'd like to open it now to bring in money and save up to install a ramp in a few years. He has not yet applied for an accessibility grant to help cover any costs.

"[For] many, many historic houses around Nova Scotia, if we looked at them as assets as opposed to liabilities, and had some sane regulation that allowed those properties to be used — our business environment here could be dramatically improved," Brooks said.

But wheelchair user and advocate Gerry Post argues these regulations are sane, and important, for him and the 30 per cent of Nova Scotians living with disabilities (about 229,400 people as of 2017). Post said at least half of those people (15 per cent of Nova Scotians) have mobility issues and need ramps or elevators to get into a building.

Post said he's glad to see the inn and the lodge being revitalized and understands that retrofitting old buildings poses an "enormous challenge."

"But that's just the cost of doing business to allow, you know, 30 per cent of the population that has a disability [in] Nova Scotia inside the door," said Post, who was the first head of Nova Scotia's Accessibility Directorate.

That group is responsible for establishing the Accessibility Act, which aims for a fully-accessible province by 2030.

Post said when he goes out to a restaurant or a show, he brings family or friends along — so establishments without accessible entrances are "freezing out" a larger crowd than just people with disabilities.

"Operating a small business in particular is a challenge, right — but try sitting in a chair 24/7. That's a challenge as well and we just want to be included," Post said.

While Post said accessibility funding could be "perhaps a bit more generous" for businesses in historic buildings, he said at least the program exists.

Grants for 2023-24 ranged from a few thousand dollars to more than $60,000 for business including spas, funeral homes, motels and restaurants.

Neither buildings are registered heritage properties, although Jackman said he might eventually look into the process.

Sandra Barrs, president of the Heritage Trust of Nova Scotia, said registering properties as heritage sites, especially at the provincial level, could open up more grants and help with money concerns.

Barrs also said heritage buildings can have alternate compliance for current regulations, so they are safe and accessible but the changes might look slightly different.

"But if it's not registered, it doesn't apply. So you can't be asking for accommodation if you haven't played by all the rules," Barrs said.

No flexibility on 'life-safety issues'

Graham Hopkins, manager of building inspections for Municipality of the District of Lunenburg, couldn't talk about specific cases but said there is no wiggle room in fire safety regulations.

"If it wasn't life-safety issues, then we'd be more flexible on them. But … if you're sound asleep and there's a fire burning someplace, you need to know about it quickly to get out safely. And you need barriers in place to slow the fire down to get you out," Hopkins said.

When asked about the possibility of extensions or exemptions for historic buildings, a spokesperson for the provincial Department of Municipal Affairs and Housing said modern building codes allow for "a level of safety and accessibility for owners and occupants that was not available or considered 100 years ago.

"Without these considerations, lives could be put at risk," said Chrissy Matheson.

Nearly 300 restaurants have made accessibility changes

Since the fall of 2020, new restaurants (including those with recently changed uses) have had to comply with accessibility requirements like ramps to operate. As of mid-August, the province said 295 permits have been issued to these businesses.

In just a few months, more changes will be coming in.

An updated version of the Nova Scotia Building Code and new accessibility standards for the built environment are both expected in early 2024. 

Code changes include more power door openers to washrooms and interior doors. They will apply to all new buildings, those doing major renovations, and outdoor spaces like sidewalks and parks.

Proposed accessibility standards include lighting paths that lead to a ramp, more accessible campground spaces and stricter rules for temporary sidewalks.

While the building code will be in effect once enacted, the province plans to allow two years for the accessibility standards so they can be enforced starting in 2026.