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BCC Ruling No. 15-07-1396

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Ruling No.: 15-07-1396
Application No.: B 2015-01

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 Subclause 3.4.6.4.(7)(a)(ii) of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Martin Blake of the Dundas & Parliament Development Corporation, for the resolution of a dispute with Mario Angelucci, Deputy Chief Building Official, for the City of Toronto, to determine whether the as-constructed handrails with horizontal extensions less than 300 mm, provide sufficiency of compliance with the technical requirements in Subclause 3.4.6.4.(7)(a)(ii) of Division B, of the Building Code, for a new 13 storey Group C major occupancy building at 260 Sackville Street, Toronto (City of Toronto), Ontario.

APPLICANT

Martin Blake
Dundas & Parliament Development Corporation
City of Toronto, Ontario

RESPONDENT

Mario Angelucci
Deputy Chief Building Official
City of Toronto, Ontario

PANEL

Ed Link, Chair-Designate
Gerry EgbertsYaman Uzumeri

PLACE

City of Toronto, Ontario

DATE OF HEARING

March 19, 2015

DATE OF RULING

March 19, 2015 

APPEARANCES

Randal Brown
Randal Brown & Associates Engineering Ltd.
City of Toronto, Ontario
Agent for the Applicant

Mr. Frank Simo
Manger [acting], Plan Review
City of Toronto, Ontario
Designate for the Respondent

Peter Chan
Building Engineer
City of Toronto, Ontario
Designate for the Respondent

 

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the as-constructed handrails, with horizontal extensions less than 300 mm, provide sufficiency of compliance with the technical requirements in Subclause 3.4.6.4.(7)(a)(ii) of Division B, of the Building Code, for a recently completed 13 storey Group C major occupancy building at 260 Sackville Street, Toronto (City of Toronto), Ontario, on condition that:

  1. the horizontal extensions that are less than 300 mm in length are provided with additional tactile cues to inform occupants that they are at the bottom of a flight of stairs by either providing a handrail return which extends to the wall or end cap.

2. Reasons

  1. In the case of a stair, Subclause 3.4.6.4.(7)(a)(ii) of Division B, of the Building Code, states in part that a handrail shall continue to slope for a depth of one tread beyond the bottom riser followed by a 300 mm horizontal extension. Functional statement F73 is attributed to this provision and its purpose is to facilitate access to and circulation in the building and its facilities by persons with physical or sensory disabilities.
  2. The Commission heard that the subject handrails are located in exit stairways and that the horizontal extensions at floor landings, which begin after bottom risers and terminate before doorways, are between 100 mm and 200 mm in length. The Commission also heard that this deficiency was discovered by the new owners during a building audit that took place after the building was occupied. Furthermore, the Commission heard that, although the permit drawings showed compliance with Subclause 3.4.6.4.(7)(a)(ii), it was the as-constructed conditions and location of the doorways that caused the horizontal extensions to terminate before they reached at least 300 mm. The Commission was told that this defect cannot be corrected by merely relocating these doorways.
  3. It is the opinion of the Commission that, when considering the construction difficulties associated with moving doorways or moving the position of bottom risers in this case, adherence to the condition above provides sufficiency of compliance. 
     

Dated at the City of Toronto this 19th day in the month of March in the year 2015 for application number B 2015-01.

Ed Link, Chair-Designate

Gerry Egberts

Yaman Uzumeri