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BCC Ruling No. 13-08-1336

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Ruling No.: 13-08-1336
Application No.: S 2013-02

 

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 Part 8 and 11 of Division B of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Paul Zammit, Fall River Restaurant, for the resolution of a dispute with Terry Davidson, Part 8 Chief Building Official for the Rideau Valley Conservation Authority, to determine whether the proposed repair of an existing Class 4 sewage system, serving a restaurant, provides sufficiency of compliance with the technical requirements of Part 8, when considering Part 11, of Division B of the Building Code for the property at 21980 Highway 7, Tay Valley Township (Maberly), Ontario.

APPLICANT

Paul Zammit
Fall River Restaurant
Maberly, Ontario

RESPONDENT

Terry Davidson
Part 8 Chief Building Official
Rideau Valley Conservation Authority, Ontario

PANEL

Judy Beauchamp, Vice-Chair
Gary Burtch
Eric Gunnell

PLACE

City of Toronto, Ontario

DATE OF HEARING

April 4, 2013 and May 28, 2013

DATE OF RULING

May 28, 2013

APPEARANCES

Paul Zammit
Fall River Restaurant
Maberly, Ontario
Applicant

Terry Davidson
Part 8 Chief Building Official
Rideau Valley Conservation Authority, Ontario
Respondent

Eric Kohlsmith
Septic Inspector
Rideau Valley Conservation Authority, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed repair of an existing Class 4 sewage system serving the main building does not provide sufficiency of compliance with the technical requirements of Part 8, when considering Part 11, of Division B of the Building Code for the property at 21980 Highway 7, Tay Valley Township (Maberly), Ontario.

2. Reasons

  1. Evidence shows that the applicant applied to replace the original on-site sewage system with one approved in permit application S271/02 dated October 31, 2002. Although a repair was completed on the original system, it was shown that it was not installed in accordance with the approved permit.

  2. The total length of distribution pipe used in the construction of the existing sewage system is 92 m (300 ft) and the evidence shows it to be insufficient to support the existing sanitary sewage flow.

Dated at the City of Toronto this 28th day in the month of May in the year 2013 for application number S 2013-02.

Judy Beauchamp, Vice-Chair

Gary Burtch

Eric Gunnell