Skip to content
You are here > Home > Your Ministry > Ontario Building Code > Appeals & Approvals > Building Code Commission > Rulings of the Building Code Commission > 2015 > BCC Ruling No. 15-05-1394

Follow us

BCC Ruling No. 15-05-1394

Email this page

BCC Logo FR 

Ruling No.: 15-05-1394
Application No.: B 2014-30

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 the definition of “farm building” in Article 1.4.1.2 of Division A, of Regulation 332/12, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Henry Schilthuis, of Schilthuis Construction Inc., for the resolution of a dispute with Ed VanderWindt, Chief Building Official for the City of Hamilton, to determine whether the use of two proposed buildings that are designed to conform to the requirements for farm buildings in Article 1.3.1.2. of Division A, of the Building Code, provides sufficiency of compliance with the definition of “farm building” in Article 1.4.1.2 of Division A, at 780 Eighth Concession Road West, Flamborough (City of Hamilton), Ontario.

APPLICANT

Henry Schilthuis
Schilthuis Construction Inc.
Caledonia, Ontario

RESPONDENT

Ed VanderWindt
Chief Building Official
City of Hamilton, Ontario

PANEL

Tony Chow, Chair
Doug Clancey
Mina Tesseris

PLACE

City of Toronto, Ontario

   

DATE OF HEARING

March 5, 2015

DATE OF RULING

March 5, 2015

APPEARANCES

Lyn Bravo
Flamborough, Ontario
Owner

Warren Bravo
Flamborough, Ontario
Owner

APPEARANCES

Henry Schilthuis
Schilthuis Construction Inc.
Caledonia, Ontario
Applicant

Hank Huitema
Kalos Engineering Inc.,
Hamilton, Ontario
Agent for the Applicant

George Wong
Manager, Building Engineering and Zoning
City of Hamilton, Ontario
Designate for the Respondent

Patricia Douel
Building Engineer
City of Hamilton, Ontario
Designate for the Respondent

Sherif Rizkalla
Building Engineer
City of Hamilton, Ontario
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the use of two proposed buildings, which are designed to conform to the requirements for farm buildings in Article 1.3.1.2. of Division A, of the Building Code, provides sufficiency of compliance with the definitions of the italicised terms farm building and low human occupancy in Article 1.4.1.2 of Division A, at 780 Eighth Concession Road West, Flamborough (City of Hamilton), Ontario.

2. Reasons

  1. Sentence 1.3.1.2.(1) of Division A, of the Building Code, states that, except as provided in Sentences (2) to (6), farm buildings shall conform to the “National Farm Building Code of Canada”.
  2. Article 1.4.1.2. of Division A, of the Building Code, provides a definition for farm building that means all or part of a building that does not contain any area used for residential occupancy; that is associated with and located on land devoted to the practice of farming; and that is used essentially for the housing of equipment or livestock or the production, storage or processing of agricultural and horticultural produce or feeds.
    Furthermore, Article 1.4.1.2. provides a definition for low human occupancy that means, when applied to a farm building, an occupancy in which the occupant load is not more than one person per 40 m2 of floor area during normal use.
  3. The Commission heard that both of the subject buildings are proposed to be used as aquaponic facilities. The Commission also heard the aquaponic facility described as a collocation of aquaculture, the raising of fish, and hydroponics, the growing of plants, in a closed loop natural nutrient system, where water the fish grow in is circulated to the plants. In addition, the Commission heard that the occupant load for both buildings would be less than one person per 40 m2.
  4. The Commission also heard that the land on which the proposed buildings are to be constructed is devoted to the practice of farming and the Commission also received evidence that this land is being farmed.
  5. It is the opinion of the Commission that the subject buildings are farm buildings of low human occupancy when considering the evidence about the buildings’ proposed use and location.
     

Dated at the City of Toronto this 5th day in the month of March in the year 2015 for application number B 2014–30.

Tony Chow, Chair

Doug Clancey

Mina Tesseris