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BCC Ruling No. 14-11-1374

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Ruling No.: 14-11-1374
Application No.: B 2014-07

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 3.7.2.1.(1) and 9.7.1.2.(1) of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Ron McMillan, Vandyk Communities, for the resolution of a dispute with Ezio Savini, Chief Building Official, City of Mississauga, to determine whether the design of suite layouts, which include an interior bedroom that is not provided with an exterior window or skylight, provides sufficiency of compliance with Sentences 3.7.2.1.(1) and 9.7.1.2.(1) of Division B, of the Building Code, for the Windows on the Green condominium project at 3170 Erin Mills Parkway, City of Mississauga, Ontario.

APPLICANT

Ron McMillan
Vice President, Residential Construction
Vandyk Communities
City of Mississauga, Ontario

RESPONDENT

Ezio Savini
Chief Building Official
City of Mississauga, Ontario

PANEL

Tony Chow, Chair
Alison Orr
Yaman Uzumeri

PLACE

City of Toronto, Ontario

DATE OF HEARING

May 8, 2014

DATE OF RULING

May 8, 2014

APPEARANCES

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

Willy Wong
Supervisor, Building Plan Examination
City of Mississauga, Ontario
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the design of suite layouts, which include an interior bedroom that is not provided with an exterior window or skylight, provides sufficiency of compliance with Sentences 3.7.2.1.(1) and 9.7.1.2.(1) of Division B, of the Building Code, for the Windows on the Green condominium project at 3170 Erin Mills Parkway, City of Mississauga, Ontario.

2. Reasons

  1. Article 3.7.2.1. of Division B, of the Building Code, requires that every room used for sleeping shall be provided with windows having area conforming to Part 9, except that Article 9.7.1.3. does not apply. The objective related to Article 3.7.2.1., OH7, is to limit the probability that as a result of the design, a person in the room will be unable to experience a view to the outdoors. The functional statement related to Article 3.7.2.1., F102, is to provide a view to the outdoors in buildings. The Building Code does not specifically limit the location of the window to an exterior wall.

  2. It was shown the subject dwelling unit designs do not limit a person in a bedroom with interior sliding glass doors from experiencing a view to the outdoors because the areas of exterior windows that provide a view to the outdoors are greater than the minimum required by Table 9.7.1.2 of Division B, of the Building Code, and the areas of interior bedroom glass sliding doors are significantly greater than the minimum required by Table 9.7.1.2..

Dated at the City of Toronto this 8th day in the month of May in the year 2014 for application number  
B 2014-07 .

Tony Chow, Chair

Alison Orr

Yaman Uzumeri