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BCC Ruling No. 13-25-1353

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Ruling No.: 13-25-1353
Application No.: S 2013-12

 

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 Sections 8.2, 8.3 and 8.4., of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Harold Elders, The Ferns Golf Resort, for the resolution of a dispute with Les MacKinnon, Environmental Health Services, to determine whether the proposal to construct, a Class 1 Sewage System with privy vaults and a Class 2 sewage system, that will be designed to serve a new 560 m², Group A, Division 2, occupancy building, provides sufficiency of compliance with Sections 8.2, 8.3 and 8.4. of Division B of the Building Code, at The Ferns Golf Course, Concession 8, Lot 2 and 3, Municipality of West Grey, (Markdale), Ontario.

APPLICANT

Harold Elders
The Ferns Golf Resort
Markdale, Ontario

RESPONDENT

Les MacKinnon
Environmental Health Services
Municipality of West Grey, 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

Harold Elders
The Ferns Golf Resort
Markdale, Ontario
Applicant

Les MacKinnon
Environmental Health Services
Municipality of West Grey, Ontario
Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that it does not have the jurisdiction to make a determination on the issues raised in relation to the matter at The Ferns Golf Resort, Concession 8, Lot 2 and 3, Municipality of West Grey, (Markdale), Ontario.

2. Reasons

  1. Subsection 24(1) of the Building Code Act, 1992 provides the Commission with the jurisdiction to resolve disputes between a permit applicant, permit holder, or a person to whom an order has been issued and the chief building official, a registered code agency or inspector, concerning the sufficiency of compliance with the technical requirements of the Building Code.

  2. The Ontario Water Resources Act, Section 53 determines whether the Act or the Ontario Building Code is applicable to a particular case by stating “This section does not apply to a sewage system that is subject to the Building Code Act, 1992”.

  3. While the Commission recognizes that there is a disagreement between the parties regarding the design types of the sewage system that should be constructed, the Commission does not have the jurisdiction to determine this disagreement.

  4. A sewage system, as defined by the Building Code, requires that the sewage system has a design capacity of 10 000 litres per day, or less. Design capacity, as defined in Article 1.4.1.2. of Division A of the Building Code, means the total daily design sanitary sewage flow determined in accordance with Article 8.2.1.3. of Division B. Sentence 8.2.1.3.(2) of Division B states that the total daily design flow for all occupancies, other than residential occupancies, shall be determined in accordance with Table 8.2.1.3.B. The Commission heard that the sewage systems for this property would serve a new and an existing assembly building where food service will and is provided.

  5. It is the opinion of the Commission that the total daily design sanitary flow for these two buildings should include the amount calculated by using the value from Column 2 of Table 8.2.1.3.B. for assembly halls, where food service is provided, multiplied by the combined occupancy load of the two buildings. The drawings and plans submitted show the new building was designed for an occupancy load of 270 persons and the Commission heard that the existing building was designed for an occupancy load of 110 persons. The value from Column 2 of Table 8.2.1.3.B. for assembly halls, where food service is provided is 36 litres and when multiplied by the combined designed occupancy loads of 270 and 110 persons, this would exceed 10 000 litres per day.

Dated at the City of Toronto this 3rd day in the month of October in the year 2013 for application number S 2013-12.

Judy Beauchamp, Vice-Chair

Eric Gunnell

Jim Wilkinson