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BCC Ruling No. 13-21-1349

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Ruling No.: 13-21-1349
Application No.: B 2013-18

 

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 Subclause 9.4.1.1.(1)(c)(ii) and Sentence 4.3.6.1.(1), of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Mark Firman, Lovegrove Construction & Design, for the resolution of a dispute with Stephen Watson, Chief Building Official, Township of Lake of Bays, to determine whether the proposed design and construction of glass guards without top rails for the protection of occupants on an existing deck of a Group C dwelling unit provides sufficiency of compliance with the technical requirements of Subsection 9.8.8. of Division B of the Building, when considering Subclause 9.4.1.1.(1)(c)(ii) and Sentence 4.3.6.1.(1), at 3B – 5031 Muskoka Road 117, Township of Lake of Bays, Ontario.

APPLICANT

Mark Firman
Lovegrove Construction & Design
Huntsville, Ontario

RESPONDENT

Stephen Watson
Chief Building Official
Township of Lake of Bays, Ontario

PANEL

Tony Chow, Chair
Gary Burtch
Susan Friedrich

PLACE

City of Toronto, Ontario

DATE OF HEARING

August 22, 2013

DATE OF RULING

August 22, 2013

APPEARANCES

Mark Firman
Lovegrove Construction & Design
Huntsville, Ontario
Applicant

Stephen Watson
Chief Building Official
Township of Lake of Bays, Ontario
Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed design and construction of glass guards without top rails on an existing deck of a Group C residential building provides sufficiency of compliance with the technical requirements of Subsection 9.8.8. of Division B, of the Building Code, when considering Clause 9.4.1.1.(1)(c) and Sentence 4.3.6.1.(1), at 3B – 5031 Muskoka Road 117, Municipality of Lake of Bays, Ontario.

2. Reasons

  1. Subsection 9.8.8. of Division B, of the Building Code, provides the technical requirements for guards for Part 9 buildings. Specifically, Article 9.8.8.7., contains the requirements for glass in guards. There are no prescriptive solutions for the design of the glass in guards, However, Clause 9.4.1.1.(1)(c) requires the glass to be designed according to Part 4. Sentence 4.3.6.1.(1) references the CAN/CGSB-12.20-M “Structural Design of Glass for Buildings” standard. Paragraph 7.1 b of that CGSB standard requires any free standing glass guard to be capped by a rail which is continuous over two or more lights.

  2. It is the opinion of the Building Code Commission that the installed glass guards are not free standing glass guards and are therefore not required to be capped by a rail.

  3. The Respondent confirmed that the height of the installed glass guards, with the top rail removed, would comply with the requirements for the height of guards in Subsection 9.8.8. of Division B, of the Building Code.

Dated at the City of Toronto this 22nd day in the month of August in the year 2013 for application number B 2013-18.

Tony Chow, Chair

Gary Burtch

Susan Friedrich