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BCC Ruling No. 13-26-1354

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Ruling No.: 13-26-1354
Application No.: S 2013-24

 

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 8.2.1.4. and 8.2.1.6. and Table 8.2.1.6.B. of Division B of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Ray Manning, owner, for the resolution of a dispute with Robert Palin, Chief Building Official, Part 8, to determine whether the proposal to serve a new seasonal residential building with a new Class 4 sewage system provides sufficiency of compliance with Articles 8.2.1.4. and 8.2.1.6. and Table 8.2.1.6.B. of Division B of the Building Code, when considering the minimum clearances of distribution piping to neighbouring wells, for the property located at 181 Main Street, Town of Kearney, Ontario.

APPLICANT

Ray Manning
Owner
Town of Kearney, Ontario

RESPONDENT

Robert Palin
Chief Building Official, Part 8
North Bay Mattawa Conservation Authority, Ontario

PANEL

Judy Beauchamp, Vice-Chair
Eric Gunnell
Jim Wilkinson

PLACE

City of Toronto, Ontario

DATE OF HEARING

October 3, 2013

DATE OF RULING

October 3, 2013

APPEARANCES

Ray Manning
Owner
Town of Kearney, Ontario
Applicant

Robert Palin
Chief Building Official, Part 8
North Bay Mattawa Conservation Authority, Ontario
Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposal to serve a new seasonal residential building with a new Class 4 sewage system does not provide sufficiency of compliance with Articles 8.2.1.4. and 8.2.1.6. and Table 8.2.1.6.B. of Division B of the Building Code, when considering the minimum clearances of distribution piping to neighbouring wells, for the property located at 181 Main Street, Town of Kearney, Ontario.

2. Reasons

  1. Articles 8.2.1.4. and 8.2.1.6. and Table 8.2.1.6.B. of Division B of the Building Code provide that the minimum clearance between distribution piping and a well with a watertight casing to a depth of at least 6 m is 15 m and for any other well the minimum clearance distance is 30 m.

    The Commission was not satisfied by the evidence presented by the Parties that the neighbour’s well was constructed with a watertight casing to a depth of at least 6 m and therefore it is the minimum clearance of 30 m that would apply for this system on this property. The Commission heard that the maximum clearance between distribution piping and a neighbour’s well that can be achieved for the proposed installation of a new Class 4 sewage system on the subject property is 15.85 m.

3. Alternative Solution

  1. The Applicant asked that if the Commission decided that sufficiency of compliance could not be achieved concerning the dispute with Respondent, would the Commission consider the installation of a Class 5 holding tank sewage system to serve the new seasonal residential building.

    It is the opinion of the Commission that a Class 5 holding tank sewage system is an acceptable installation, in addition to those circumstances detailed in Article 8.8.1.2. of Division B of the Building Code, for this property, located at 181 Main Street, Town of Kearny, to serve the proposed new seasonal residential building.

Dated at the City of Toronto this 3rd day in the month of October in the year 2013 for application number S 2013-24.

Judy Beauchamp, Vice-Chair

Eric Gunnell

Jim Wilkinson