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BCC Ruling No. 14-08-1371

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Ruling No.: 14-08-1371
Application No.: B 2014-01

 

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 Section 9.26. of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Jonathan Reinberg, Better Living Sunrooms of Toronto, for the resolution of a dispute with Kyle Bentley, Chief Building Official, to determine whether the proposed reconstruction of a sunroom, which includes a roofing system that uses polycarbonate panels with intermittent beams, provides sufficiency of compliance with the technical requirements of Section 9.26. of Division B, of the Building Code, in an existing residential dwelling, at 728 Cobbler’s Court, City of Pickering, Ontario.

APPLICANT

Jonathan Reinberg
Better Living Sunrooms of Toronto
City of Toronto, Ontario

RESPONDENT

Kyle Bentley
Chief Building Official
City of Pickering, Ontario

PANEL

Tony Chow, Chair
Susan Friedrich
Yaman Uzumeri

PLACE

City of Toronto, Ontario

DATE OF HEARING

March 13, 2014

DATE OF RULING

March 13, 2014

APPEARANCES

Jonathan Reinberg
Better Living Sunrooms of Toronto
City of Toronto, Ontario
Applicant

Bart Bremmers
Craft-Bilt Materials Ltd.
Town of Ajax, Ontario
Witness for the Applicant

Andras Szonyi
Senior Examiner/Inspector
City of Pickering, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed reconstruction of a sunroom, which includes a roofing system that uses polycarbonate panels with intermittent beams, does not provide sufficiency of compliance with the technical requirements of Section 9.26. of Division B, of the Building Code, on a property located at 728 Cobbler’s Court, City of Pickering, Ontario.

2. Reasons

  1. Section 9.26, of Division B, of the Building Code, states that roofs shall be protected with roofing, including flashing, installed to shed rain effectively and prevent water due to ice damming from entering the roof. Roofing materials shall conform to the material standards listed in Article 9.26.1.1. It is the opinion of the Commission that polycarbonate panels are not a material with a standard listed in Article 9.26.1.1. and therefore it cannot comply with the acceptable solutions for roofs in Section 9.26.

  2. Further, it is the opinion of the Commission that insufficient evidence was presented, regarding the use of polycarbonate panels as a roofing material, to ensure that sufficiency of compliance might be achieved to satisfy the technical requirements for the construction of roofs in Section 9.26.

  3. Proposing an alternative solution to the standards set out in in Section 9.26. regarding the construction of roofs, requires achieving the same level of performance as stated in the objectives and functional statements attributed to those acceptable solutions. It is the opinion of the Commission that in this case, insufficient evidence was presented regarding how these alternative solutions would meet the Building Code’s objectives and functional statements regarding structural safety and health and fire protection and the acceptable solutions attributed to those objectives.

Dated at the City of Toronto this 13th day in the month of March in the year 2014 for application number B 2014-01.

Tony Chow, Chair

Susan Friedrich

Yaman Uzumeri