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BCC Ruling No. 14-12-1375

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Ruling No.: 14-12-1375
Application No.: B 2014-08

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 Sentences 9.8.8.5.(1) and 9.8.8.6.(1) of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Russ and Lynda Straus, Owners, for the resolution of a dispute with Terry Gerber, Chief Building Official, to determine whether the as constructed guard, with openings exceeding 100 mm, provides sufficiency of compliance with the technical requirements of Sentence 9.8.8.5.(1) and that the climbability of the as constructed guard provides sufficiency of compliance with the technical requirements of Sentence 9.8.8.6.(1), both of Division B, of the Building Code, for a house at 2400 Notre Dame Drive, St. Agatha (Township of Wilmot), Ontario.

APPLICANT

Russ and Lynda Straus
Owners
St. Agatha, Ontario

RESPONDENT

Terry Gerber
Chief Building Official
Township of Wilmot

PANEL

Tony Chow, Chair
Alison Orr
Yaman Uzumeri

PLACE

City of Toronto, Ontario

DATE OF HEARING

May 22, 2014

DATE OF RULING

May 22, 2014

APPEARANCES

Russ Straus
Owner
St. Agatha, Ontario
Applicant

Martin Sonnenberg
Sonnarc Homes Ltd.
Waterloo, Ontario
Agent for the Applicant

Terry Gerber
Chief Building Official
Township of Wilmot
Respondent

Amy May
Deputy Chief Building Official
Township of Wilmot
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the as constructed guard, with openings exceeding 100 mm, provides sufficiency of compliance with the technical requirements of Sentence 9.8.8.5.(1) and that the climbability of the as constructed guard provides sufficiency of compliance with the technical requirements of Sentence 9.8.8.6.(1), both of Division B, of the Building Code, for a house at 2400 Notre Dame Drive, St. Agatha (Township of Wilmot), Ontario.

2. Reasons

  1. Sentence 9.8.8.5.(1) of Division B, of the Building Code, requires that openings through any guard that is required by Article 9.8.8.1. shall be of a size that will prevent the passage of a spherical object having a diameter of 100 mm unless it can be shown that the location and size of openings that exceed this limit do not represent a hazard. 

    It is the opinion of the Commission that because of the discrete location and shape of the openings that exceed the 100 mm limit, the as constructed guard was shown not to represent a hazard.

  2. Sentence 9.8.8.6.(1) requires any guard that is required by Article 9.8.8.1. shall be designed so that no member, attachment or opening will facilitate climbing, except where it can be shown that the location and size of openings do not represent a hazard. 

    It is the opinion of the Commission that the unique configuration of the as constructed guard does not represent a hazard because it was shown that the discrete location and the shape of openings will not facilitate climbing.

Dated at the City of Toronto this 22nd day in the month of May in the year 2014 for application number  
B 2014-08 .

Tony Chow, Chair

Alison Orr

Yaman Uzumeri