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BCC Ruling No. 13-18-1346

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Ruling No.: 13-18-1346
Application No.: S 2013-11

 

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 Article 1.4.1.2 of Division A of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Joe McDonald, Owner, for the resolution of a dispute with Randy Mohns, Chief Building Official, Town of Petawawa, to determine whether the combined design capacity of a proposed Class 4 sewage system and an existing Class 4 sewage system, where those systems will service different Group C residential buildings located on the same property, provides sufficiency of compliance with the definition of sewage system as defined in Article 1.4.1.2 of Division A of the Building Code at 880 Rantz Road, Town of Petawawa, Ontario.

APPLICANT

Joe McDonald
Owner
Town of Petawawa, Ontario

RESPONDENT

Randy Mohns
Chief Building Official
Town of Petawawa, Ontario

PANEL

Judy Beauchamp, Vice-Chair
Eric Gunnell
Jim Wilkinson

PLACE

City of Toronto, Ontario

DATE OF HEARING

July 18, 2013

DATE OF RULING

July 18, 2013

APPEARANCES

oe McDonald
Owner
Town of Petawawa, Ontario
Applicant

Randy Mohns
Chief Building Official
Town of Petawawa, Ontario Respondent

 

Wayne Fairbrother
Templeman Menningsa LLP
Belleville, Ontario
Town Solicitor

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that under Section 24 of the Building Code Act, 1992, the Commission does not have the jurisdiction to make a determination whether the proposal to construct a second sewage system intended to serve a second dwelling unit on the property provides sufficiency of compliance with the definition of sewage system as defined in Article 1.4.1.2 of Division A of the Building Code at 880 Rantz Road, Town of Petawawa, Ontario.

2. Reasons

  1. Clause 24.(1)(a) of the Building Code Act, 1992 states, “This section applies if there is a dispute between an applicant for a permit, a holder of a permit or a person to whom an order is given and the chief building official, a registered code agency or an inspector concerning sufficiency of compliance with the technical requirements of the Building Code” (emphasis added).

    In this case, while the Commission recognizes that there is a dispute between the parties, the dispute is not related to the technical requirements with the Building Code. Rather, the dispute results from provisions contained within a municipal zoning by-law, which is considered to be applicable law under the subsection 8(2) of the Act.

Dated at the City of Toronto this 18th day in the month of July in the year 2013 for application number S 2013-11.

Judy Beauchamp, Vice-Chair

Eric Gunnell

Jim Wilkinson