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BCC Ruling No. 14-22-1385

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Ruling No.: 14-22-1385
Application No.: S 2014-19

 

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 Sentence 8.1.3.1.(3) of Division B, of Regulation 332/12, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Anne Garrett-Ward, Owner, for the resolution of a dispute with Dan Swedlo, Chief Building Official, to determine whether the repair and design modification proposed, for an existing Class 4 sewage system that will serve a funeral home operation, provides sufficiency of compliance with Sentence 8.1.3.1.(3) of Division B, of the Building Code, when considering Sentence A-8.1.3.1.(3) of Appendix A to the Building Code, at 251 Garafraxa Street, Chatsworth (Township of Chatsworth), Ontario.

APPLICANT

Anne Garrett-Ward
Owner
Chatsworth, Ontario

RESPONDENT

Dan Swedlo
Chief Building Official
Township of Chatsworth, Ontario

PANEL

Judy Beauchamp, Vice-Chair

PLACE

City of Toronto, Ontario

DATE OF HEARINGS

September 18, 2014
October 2, 2014

DATE OF RULING

October 2, 2014

APPEARANCES

Anne Garrett-Ward
Owner

Chatsworth, Ontario
Applicant

Tom Juffs
Co-founder

Chatsworth, Ontario
Applicant

Jeffery Renick
Legal Support

Chatsworth, Ontario
Applicant

Dan Swedlo
Chief Building Official
Township of Chatsworth, Ontario
Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the repair and design modification proposed, for an existing Class 4 sewage system that will serve a funeral home operation, does not provides sufficiency of compliance with Sentence 8.1.3.1.(3) of Division B, of the Building Code, when considering Sentence A-8.1.3.1.(3) of Appendix A to the Building Code, at 251 Garafraxa Street, Chatsworth (Township of Chatsworth), Ontario.

2. Reasons

  1. The Commission heard that the Parties agreed that the design capacity of the subject sewage system will be 10 000 litres per day or less. It is the opinion of the Commission that it has jurisdiction to decide the matter in dispute.
  2. Sentence 8.1.3.1.(1) of Division B, of the Building Code, states that except as provided in Sentences (2) to (6), the sewage system shall be designed and constructed to receive only sanitary sewage of domestic origin. Sentence (3) states that where industrial process waste water is treated to the contaminant levels found in domestic sanitary sewage, it may discharge to a leaching bed provided the treatment unit and sewage system are designed in accordance with good engineering practice.
  3. The Commission heard that the funeral home operation will produce sanitary sewage that includes liquid or water borne waste of industrial origin in addition to sanitary sewage of domestic origin. However, the Commission noted that there was no treatment proposed for the industrial waste. It is the opinion of the Commission that, when sanitary sewage that includes liquid or water borne waste of industrial origin, it must be treated to the contaminant levels found in domestic sanitary sewage. The Commission was not convinced by the evidence the Applicant submitted that the sanitary sewage, which includes liquid or water borne waste from the funeral home operation, can be discharged to the leaching bed without being adequately treated.
     

Dated at the City of Toronto this 2nd day in the month of October in the year 2014 for application number S 2014-19.

Judy Beauchamp, Vice-Chair