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BCC Ruling No. 13-28-1356

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Ruling No.: 13-28-1356
Application No.: B 2013-23

 

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 Articles 3.4.1.4., 3.4.4.1. and 3.4.4.2. and Section 3.12, of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Bob Crandell and Ms. Bev Greenlaw, Bashful and Bold / Greenlaw’s, for the resolution of a dispute with Arlene Grégoire, Chief Building Official, City of Ottawa, to determine whether the proposed exit design for the second floor of a 2 storey Group A, Division 2, occupancy, that includes an unenclosed stairway opening to the exterior of the building through an air locked lobby on the ground floor, provides sufficiency of compliance with Articles 3.4.1.4., 3.4.4.1. and 3.4.4.2. of Division B, of the Building Code, and further the existing hot tub is required to comply with the public spa requirements of Section 3.12 of Division B, when considering the definition of public spa in Article 1.4.1.2. of Division A, for units 3 and 4 at 4090 Belgreen Drive, City of Ottawa (Gloucester), Ontario.

APPLICANT

Bob Crandell & Ms. Bev Greenlaw
Bashful and Bold / Greenlaw’s
Merrickville, Ontario

RESPONDENT

Arlene Grégoire
Director and Chief Building Official
City of Ottawa, Ontario

PANEL

Tony Chow, Chair
Marina Huissoon
Leslie Morgan

PLACE

City of Toronto, Ontario

DATE OF HEARING

October 17, 2013

DATE OF RULING

October 17, 2013

APPEARANCES

Bob Crandell & Ms. Bev Greenlaw
Bashful and Bold / Greenlaw’s
Merrickville, Ontario
Applicant

Susan D. Smith
Architect
City of Ottawa, Ontario
Agent for the Applicant

Glenn Somerton, Program Manager
Building Code Services
City of Ottawa, Ontario
Designate for the Respondent

John Clark, Building Official III
Building Code Services
City of Ottawa, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed exit design for the second floor of a 2 storey Group A, Division 2, occupancy, that includes an unenclosed stairway opening to the exterior of the building through an air locked lobby on the ground floor, does not provide sufficiency of compliance with Articles 3.4.1.4., 3.4.4.1. and 3.4.4.2. of Division B, of the Building Code, and further the existing hot tub is required to comply with the public spa requirements of Section 3.12 of Division B, when considering the definition of public spa in Article 1.4.1.2. of Division A, for units 3 and 4 at 4090 Belgreen Drive, City of Ottawa (Gloucester), Ontario.

2. Reasons

  1. It is the opinion of the Commission that the proposed second storey exit design, which includes an unenclosed stairway opening to the exterior through an air locked lobby on the ground floor, is not one of the exits, used singly or in combination, described in Sentence 3.4.1.4.(1) of Division B of the Building Code. Further, it is the opinion of the Commission that the exit design does not meet the requirement for exits through lobbies in Article 3.4.4.2..

  2. There was no evidence presented by the Applicants that the exit design met the requirements in Article 3.4.4.1. that every exit shall be separated from the remainder of the building by a fire separation having the required fire-resistance rating.

  3. It is the opinion of the Commission that the business being operated in the subject units is a Group A, Division 2, occupancy and further, that members of the public, who become members of this private club, remain members of the public. Therefore the technical requirements for public spas in Section 3.12 of Division B, of the Building Code, would apply to the installation and operation of a hot tub in this private club.

Dated at the City of Toronto this 17th day in the month of October in the year 2013 for application number B 2013-25.

Tony Chow, Chair

Marina Huissoon

Leslie Morgan