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BCC Ruling No. 14-02-1365

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Ruling No.: 14-02-1365
Application No.: B 2013-36

 

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 Article 1.4.1.2. of Division A and of Article 9.10.4.1. of Division B, both of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Pat Daniels, for the resolution of a dispute with Arlene Grégoire, to determine whether the 4th level “upper loft” design in units 1, 2, 9 and 10 of a residential townhouse development, provides sufficiency of compliance with technical requirements of the definition of “mezzanine” contained in Article 1.4.1.2. of Division A, of the Building Code, and with the provisions of Article 9.10.4.1. of Division B, at 407 – 443 Leboutillier Avenue, City of Ottawa, Ontario.

APPLICANT

Pat Daniels
Construction Manager
Valecraft Homes
City of Ottawa, Ontario

RESPONDENT

Arlene Grégoire
Chief Building Official
City of Ottawa, Ontario

PANEL

Tony Chow, Chair
Alison G. Orr
Mina Tesseris

PLACE

City of Toronto, Ontario

DATE OF HEARING

January 23, 2014

DATE OF RULING

January 23, 2014

APPEARANCES

Pat Daniels
Construction Manager
Valecraft Homes
City of Ottawa, Ontario
Applicant

Luc Nadeau
Program Manager, Permit Approval
City of Ottawa, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed design, which includes a 4th level “upper loft” in units 1, 2, 9 and 10 of a residential townhouse development does not provide sufficiency of compliance with the technical requirements of the definition of “mezzanine” contained in Article 1.4.1.2. of Division A, of the Building Code, and with the provisions of Article 9.10.4.1. of Division B, at 407 – 443 Leboutillier Avenue, City of Ottawa, Ontario.

2. Reasons

  1. Article 9.10.4.1. of Division B, of the Building Code, provides that mezzanines shall not be considered as storeys for the purpose of determining building height where the aggregate area of mezzanine floors does not exceed 10% of the storey in which it is located, or where they occupy an aggregate area not exceeding 40% of the area of the room or the storey in which they are located provided the space above the mezzanine floor has no visual obstructions more than 1 070 mm above such floors.

  2. Article 1.4.1.2. of Division A, of the Building Code, provides a definition for mezzanine that means an intermediate floor assembly between the floor and ceiling of any room or storey and includes an interior balcony. It is the opinion of the Commission that the floor assemblies of the 4th level “upper loft” in units 1, 2, 9 and 10 are not intermediate floor assemblies between the floor and ceilings on the 3rd storeys of these units because the Commission heard that they do not share common ceilings, apart from the ceilings above the stairways leading to the 4th level. Therefore, it is the opinion of the Commission that the 4th level “upper loft” design creates an additional storey in the subject units.

  3. Further, if the Commission determined that the 4th level “upper loft” could be considered a mezzanine, then the Commission would have decided that the design would not comply with Article 9.10.4.1., of Division B, of the Building Code, because it would not provide an unobstructed view to the floor area below, except for the stairway leading to the 4th levels and because the 4th level floor area is more than 10% of the 3rd storey. Therefore, it would have been the opinion of the Commission that the 4th level “upper loft” design creates an additional storey in the subject units which shall be considered as a storey for the purpose of determining building height.

Dated at the City of Toronto this 23rd day in the month of January in the year 2014 for application numberB 2013-36.

Tony Chow, Chair

Alison G. Orr

Mina Tesseris