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BCC Ruling No. 15-18-1407

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Ruling No.: 15-18-1407
Application No.: B 2015–11

BUILDING CODE COMMISSION

IN THE MATTER OF Subsection 24(1) of the Building Code Act, S.O. 1992, c. 23, as amended.

AND IN THE MATTER OF Articles 9.26.1.1. and 9.26.3.1. of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Steve Strickland, of Strickland Contracting, for the resolution of a dispute with Neil Donald, Chief Building Official, Township of Muskoka Lakes, to determine whether, as proposed in an alternative solution request, the design of a deck for an as-constructed boathouse provides sufficiency of compliance with the technical requirements of Articles 9.26.1.1. and 9.26.3.1. in Division B of the Building Code at 1051 Josh’s Road, Township of Muskoka Lakes, Ontario.

APPLICANT

Steve Strickland
Strickland Contracting
Port Sydney, Ontario

RESPONDENT

Neil Donald
Chief Building Official
Township of Muskoka Lakes, Ontario

PANEL

Tony Chow, Chair
Marina Huissoon
Alison Orr

PLACE

City of Toronto, Ontario

DATE OF HEARING

July 9, 2015

DATE OF RULING

July 9, 2015

APPEARANCES

Steve Strickland
Strickland Contracting
Port Sydney, Ontario
Applicant

Jeffrey Craig
Blueprint Drafting & Design
Huntsville, Ontario
Agent for the Applicant

Curtis Livingstone
Senior Building Inspector
Township of Muskoka Lakes, Ontario
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that, as proposed in an alternative solution request, the design of a deck for an as-constructed boathouse provides sufficiency of compliance with the technical requirements of Articles 9.26.1.1. and 9.26.3.1. in Division B of the Building Code at 1051 Josh’s Road, Township of Muskoka Lakes, Ontario.

2. Reasons

  1. Sentence 9.26.1.1.(1) of Division B of the Building Code states that roofs shall be protected with roofing, including flashing, installed to shed rain effectively and to prevent water due to ice damming from entering the roof. Sentence 9.26.1.1.(2) states that for the purpose of Sentence (1), a roof shall include platforms that effectively serve as roofs with respect to the accumulation or drainage of precipitation. The Appendix states in A-9.26.1.1.(2), that decks, balconies, exterior walkways and other similar exterior surfaces effectively serve as roofs where these platforms do not permit the free drainage of water through the deck (emphasis added).

    The Commission heard that the subject portion of the as-constructed second storey deck is above an enclosed first storey marine environment boat storage area, and is free draining. The Commission also heard that a gutter pan system was installed below the subject section of free draining deck simply to shed precipitation draining through the deck away from the boats in the enclosed marine environment.
    It is the opinion of the Commission that the subject portion of deck is not required to be protected with roofing, because that portion permits free drainage of water through the deck. The boat storage area is not required to be protected from the ingress of precipitation and therefore, in this case, Article 9.26.1.1. does not apply.

  2. Sentence 9.26.3.1.(1) states that slopes on which roof coverings may be applied shall conform to Table 9.26.3.1. It is the opinion of the Commission that the gutter pans below the free draining deck are not roof coverings and therefore, in this case, the slope requirements in Article 9.26.3.1. do not apply.
     

Dated at the City of Toronto this 9th day in the month of July in the year 2015 for application number B 2015–11.

Tony Chow, Chair

Alison Orr

Marina Huissoon