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BCC Ruling No. 14-26-1389

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Ruling No.: 14-26-1389
Application No.: B 2014-26

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 Article 9.10.17.10. of Division B, of Regulation 332/12, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Greg Gardin, Owner, for the resolution of a dispute with Mark Vandermeer, Chief Building Official, Municipality of McDougall, to determine whether the proposal to omit the protection of any foamed plastics, which form part of the wall or ceiling assembly of a crawl space, from the adjacent spaces in a dwelling unit provides sufficiency of compliance with the technical requirements in Article 9.10.17.10. of Division B, of the Building Code, at 79 Long Lake Estates, McDougall (Municipality of McDougall), Ontario.

APPLICANT

Greg Gardin
Owner
City of Cambridge, Ontario

RESPONDENT

Mark Vandermeer
Chief Building Official,
Municipality of McDougall, Ontario

PANEL

Tony Chow, Chair
Susan Friedrich
Yaman Uzumeri

PLACE

City of Toronto, Ontario

DATE OF HEARING

November 6, 2014

DATE OF RULING

November 6, 2014

APPEARANCES

Greg Gardin
Owner
City of Cambridge, Ontario
Applicant

Mark Vandermeer
Chief Building Official,
Municipality of McDougall, Ontario
Respondent

 

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the proposal to omit the protection of any foamed plastics, which form part of the wall or ceiling assembly of a crawl space, from the adjacent spaces in a dwelling unit, provides sufficiency of compliance with the technical requirements in Article 9.10.17.10. of Division B, of the Building Code, at 79 Long Lake Estates, McDougall (Municipality of McDougall), Ontario.

2. Reasons

  1. Article 9.10.17.10 of Division B, of the Building Code, states that foamed plastics, which form part of a wall or ceiling assembly in combustible construction, shall be protected from adjacent space in the building, other than adjacent concealed spaces within attic or roof spaces, crawl spaces and wall assemblies. The Commission heard that the Parties agreed that the space in question is a crawl space and it will not be used for any occupancy.
  2. It is the opinion of the Commission that this crawl space is considered adjacent concealed space because it heard that the height of the crawl space will vary between 600 and 1 200 millimetres, that limited access to this space is provided by two floor hatches, and although the crawl space will contain building service facilities such as pipes, ducts and wiring, this space will not contain any mechanical equipment.
      

Dated at the City of Toronto this 6th day in the month of November in the year 2014 for application number B 2014–26.

Tony Chow, Chair

Susan Friedrich

Yaman Uzumeri