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BCC Ruling No. 13-33-1361

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Ruling No.: 13-33-1361
Application No.: B 2013-27

 

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 the definition of live/work unit from Article 1.4.1.2. of Division A of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Eric Percival, Owner, City of Toronto, for the resolution of a dispute with Rick Flood, Deputy Chief Building Official, City of Toronto, to determine whether the the proposal to operate an accounting business from a residential dwelling unit provides sufficiency of compliance with the definition of live/work unit from Article 1.4.1.2. of Division A, of the Building Code, at 756 Annette Street, City of Toronto, Ontario.

APPLICANT

Eric Percival
Owner
City of Toronto, Ontario

RESPONDENT

Rick Flood
Deputy Chief Building Official
City of Toronto, Ontario

PANEL

Tony Chow, Chair
Ed Link
Mina Tesseris

PLACE

City of Toronto, Ontario

DATE OF HEARING

November 7, 2013

DATE OF RULING

November 7, 2013

APPEARANCES

Eric Percival
Owner
City of Toronto, Ontario
Applicant

Allan Larden
Larden CODE Consulting
City of Toronto, Ontario
Agent for the Applicant

Galina Veltman
Manager Plan Review
City of Toronto, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposal to operate an accounting business from a residential dwelling unit provides sufficiency of compliance with the definition of live/work unit from Article 1.4.1.2. of Division A, of the Building Code, at 756 Annette Street, City of Toronto, Ontario.

2. Reasons

  1. Article 1.4.1.2. of Division A, of the Building Code, defines a live/work unit as a dwelling unit having an area of not more than 200 m2 that contains a subsidiary business and personal services occupancy or a subsidiary low hazard industrial occupancy, and which is used and operated by one or more persons of a single household.

  2. The Commission heard that the dwelling unit was approved as a live/work unit more than 5 years ago.

  3. The Commission heard that the operator of the subsidiary business and personal services occupancy also lives in the subject live/work unit and that, occasionally, he contracts up to three persons, who are not members of his household, to provide accounting work at the offices.

  4. It is the opinion of the Commission that, for the purpose of the Building Code and the subject live/work unit, the definition of live/work in Article 1.4.1.2. does not exclude persons, who do not live in the subject live/work unit, from working with the operator in it.

  5. Dated at the City of Toronto this 7th day in the month of November in the year 2013 for application number B 2013-27.

    Tony Chow, Chair

    Ed Link

    Mina Tesseris