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BCC Ruling No. 13-27-1355

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Ruling No.: 13-27-1355
Application No.: P 2013-30

 

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 Subsections 8.(2.2) and (2.3) of the Building Code Act, 1992 when considering Sentence 1.3.1.3.(1) and Table 1.3.1.3. of Division C of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF application by Sheldon Lewis, for the resolution of a dispute with Randy Dunsmore, Chief Building Official, regarding the September 3, 2013 application for a permit to construct a building at 1269 Ojibway Road, Highland Grove in the Municipality of Highlands East Ontario.

APPLICANT

Sheldon Lewis
Owner
Highland Grove, Ontario

RESPONDENT

Randal (Randy) Dunsmore
Chief Building Official
Municipality of Highlands East

PANEL

Leslie Morgan, Vice-Chair

PLACE

City of Toronto, Ontario

DATE OF HEARING

October 8, 2013

DATE OF RULING

October 8, 2013

APPEARANCES

Sheldon Lewis
Owner
Highland Grove, Ontario
Applicant

Bill Wingrove
Fire Chief/Building Inspector
Municipality of Highlands East
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the Respondent did not comply with the requirements of Subsections 8(2.2) and 8(2.3) of the Building Code Act, 1992 and Division C, Sentence 1.3.1.3.(1) of the Building Code regarding a permit for 1269 Ojibway Road, Highland Grove in the Municipality of Highlands East, Ontario. Under these subsections, the Respondent is required to issue or refuse to issue the permit and, in the case of a refusal to issue the permit, to provide in writing all of the reasons for the refusal, within the applicable time period set out in Table 1.3.1.3. of Division C of the Building Code.

2. Reasons

  1. Sentence 1.3.1.3.(7) of Division C of the Building Code specifies when the time periods set out in Table 1.3.1.3. commence. It states: Subject to Sentence (8) and (9), the time period described in Sentences (1) to (3) and Clause 6(b) shall begin on the day following on which an application that meets the requirements of Sentence (5) is submitted to the chief building official.

    The Commission heard that the building permit application was received by the municipality on September 3, 2013 with the payment of the required fees. As a result, it is September 4, 2013, that the applicable time period set out in Table 1.3.1.3. commenced in this case.

  2. Sentence 1.3.1.3.(6) of Division C of the Building Code specifies that the building official is not required to make a decision within the time period requirements if it is determined that the application is incomplete or the building will contravene any applicable law and advises the applicant of this determination in writing within two days.

    The Commission also heard that the Parties spoke about a health report required by applicable law that would be submitted at a later date. However the Respondent did not provide notice to the Applicant in writing, within two days, that the building permit application was considered incomplete.

  3. Sentence 1.3.1.3.(3) of Division C of the Building Code states: If an application for a permit under subsection 8(1) of the Act proposes construction or demolition of a building described in Sentence (4), the time periods for the purposes of Sentence (1) shall be the longer of:
    1. 10 days, and
    2. the time period corresponding to the class of building described in Column 2 of Table 1.3.1.3. that the building in Sentence (4) serves, if any.

    The Commission determined that the permit application is for a detached house as described in Article 1.1.2.4. of Division A and therefore subject to a 10 day time period set out in Column 2 of Row 1 of Table 1.3.1.3 of Division C.

  4. Sentence 1.3.1.3.(7.1) provides that the time periods described in Column 3 of Table 1.3.1.3. do not include Saturdays, holidays and all other days when the offices of a principal authority are not open for the transaction of business with the public. In the present case, the applicable 10 day time period ended on September 17, 2013.

    The Parties agreed that the required health report was received September 24, 2013, and that on October 3, 2013, the Applicant received the building permit, paid the remaining fees and received a written list of additional requirements. This occurred after the applicable time period to respond expired.

Dated at the City of Toronto this 8th day in the month of October in the year 2013 for application number P 2013-30.

Leslie Morgan, Vice-Chair