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BCC Ruling No. 14-09-1372

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Ruling No.: 14-09-1372
Application No.: B 2014-05

 

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

AND IN THE MATTER OF an application by Pamak Azizi-Moghaddam, Menkes Developments Ltd., for the resolution of a dispute with Diane Damiano, to determine whether the as installed aluminum louvers, designed to shield exterior openings for exhaust outlets from the entry of snow and rain, provides sufficiency of compliance with the technical requirements of Sentence 6.2.3.12.(3) of Division B, of the Building Code, for Tower 4, a new construction, Group C, 23 storey residential occupancy, at 205 Sherway Gardens Road, City of Toronto, Ontario.

APPLICANT

Pamak Azizi-Moghaddam, Project Manager
Menkes Developments Ltd.
City of Toronto, Ontario

RESPONDENT

Diane Damiano, Acting Director
Toronto Building - Etobicoke York District
City of Toronto, Ontario

PANEL

Leslie Morgan, Vice-Chair
Gerry Egberts
Mina Tesseris

PLACE

City of Toronto, Ontario

DATE OF HEARING

April 3, 2014

DATE OF RULING

April 3, 2014

APPEARANCES

Pamak Azizi-Moghaddam, Project Manager
Menkes Developments Ltd.
City of Toronto, Ontario
Applicant

Graeme Mouat, Project Engineer
Sereca Larden Muniak Consulting Inc.
City of Toronto, Ontario
Agent for the Applicant

Gordana Tijanic, Regional Manager
Sereca Larden Muniak Consulting Inc.
City of Toronto, Ontario
Agent for the Applicant

Peter Sectakof, Building Engineer
Toronto Building - Etobicoke York District
City of Toronto, Ontario
Designate for the Respondent

Galina Veltman, Manager, Plans Examination
Toronto Building - Etobicoke York District
City of Toronto, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the as installed aluminum louvers, designed to shield exterior openings for exhaust outlets from entry of snow and rain, without being fitted with the required screens of mesh, does not provide sufficiency of compliance with the technical requirements of Sentence 6.2.3.12.(3) of Division B, of the Building Code, for Tower 4, a new construction, Group C, 23 storey residential occupancy, at 205 Sherway Gardens Road, City of Toronto, Ontario.

2. Reasons

  1. It is the opinion of the Commission that insufficient evidence was provided in support of the arguments that the design of the louvers, without being fitted with the required screens of mesh, meets the intent of the Building Code to resist entry of birds and animals.

Dated at the City of Toronto this 3rd day in the month of April in the year 2014 for application number B 2014-05.

Leslie Morgan, Vice-Chair

Gerry Egberts

Mina Tesseris