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BCC Ruling No. 15-12-1401

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Ruling No.: 15-12-1401
Application No.: B 2015-05

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

AND IN THE MATTER OF an application by Jordon Zukowski, for Fernwood Developments, for the resolution of a dispute with Stephen Barks, Chief Building Official for the City of Barrie, to determine whether the proposed design of residential buildings provides sufficiency of compliance with the barrier-free design exemption in Sentence 9.5.2.1.(2) of Division B, of the Building Code, for Block 5 and Block 6, at 242 and 244 Penetanguishene Road, City of Barrie, Ontario.

APPLICANT

Jordon Zukowski
Fernwood Developments
Rockwood, Ontario

RESPONDENT

Stephen Barks
Chief Building Official
City of Barrie, Ontario

PANEL

Tony Chow, Chair
Marina Huissoon
Mina Tesseris

PLACE

City of Toronto, Ontario

DATE OF HEARING

April 23, 2015

DATE OF RULING

April 23, 2015

APPEARANCES

Jordon Zukowski
Fernwood Developments
Rockwood, Ontario
Applicant

Steve Borrows
Facet Design Studio
City of Cambridge, Ontario
Agent for the Applicant

Glenn Good
Building Code Consultant
New Hamburg, Ontario
Agent for the Applicant

Karl Korpela
Supervisor of Building Services
City of Barrie, Ontario
Designate for the Respondent

Christopher Grexton
Plans Examiner
City of Barrie, Ontario
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed design of residential buildings provides sufficiency of compliance with the barrier-free design exemption in Sentence 9.5.2.1.(2) in Division B, of the Building Code, for Block 5 and Block 6, at 242 and 244 Penetanguishene Road, City of Barrie, Ontario.  

2. Reasons

  1. Sentence 9.5.2.1.(1) in Division B, of the Building Code, states in part that, except as provided in Sentence (2), every building shall be designed in conformance with barrier-free design requirements in Section 3.8.  

  2. Sentence 9.5.2.1.(2), states that the requirements of Section 3.8. need not be provided for houses, including semi-detached houses, duplexes, triplexes, town houses, row houses and boarding or rooming houses with fewer than eight boarders or roomers.  

  3. The Commission heard that proposed design includes a firewall that subdivides each block into two buildings with subsequent building areas of 600 square metres or less. The Commission also heard that the design includes vertical fire separations that subdivide each of these buildings and that each ensuing section will contain either two or three stacked suites. Furthermore, the Commission heard that the suites are not interconnected and that each suite is served by its own direct entrance/exit to grade.  

  4. It is the opinion of the Commission, when considering the arrangement of the suites in the design of the subject buildings, that the barrier-free design exemptions in Sentence 9.5.2.1.(2) applies in this case.  

Dated at the City of Toronto this 23rd day in the month of April in the year 2015 for application number  
B 2015-05 .

Tony Chow, Chair

Marina Huissoon

Mina Tesseris