Skip to content
You are here > Home > Your Ministry > Ontario Building Code > Appeals & Approvals > Building Code Commission > Rulings of the Building Code Commission > 2013 > BCC Ruling No. 13-07-1335

Follow us

BCC Ruling No. 13-07-1335

Email this page

 BCC Logo 

Ruling No.: 13-07-1335
Application No.: S 2012-28

 

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 Sentence 8.2.1.6.(2) 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 Balbinder Bahia, Owner, for the resolution of a dispute with Robin Allen, Part 8 Chief Building Official, North Bay Mattawa Conservation Authority, to determine whether the clearance distances between the distribution piping of an existing sewage system and the as constructed garage do provide sufficiency of compliance with the technical requirements in Sentence 8.2.1.6.(2) and Table 8.2.1.6.B. of Division B, of the Building Code, at 10 Firefly Way, Township of Seguin, Ontario.

APPLICANT

Balbinder Bahia
Owner
Brampton, Ontario

RESPONDENT

Robin Allen
Part 8 Chief Building Official
North Bay Mattawa 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

Balbinder Bahia
Owner
Brampton, Ontario
Applicant

Robin Allen
Part 8 Chief Building Official
North Bay Mattawa Conservation Authority, Ontario
Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the clearance distances between the distribution piping of an existing sewage system and the as constructed garage does not provide sufficiency of compliance with the technical requirements in Sentence 8.2.1.6.(2) and Table 8.2.1.6.B. of Division B, of the Building Code, at 10 Firefly Way, Township of Seguin, Ontario.

2. Reasons

  1. Sentence 8.2.1.6.(2) of Division B, of the Building Code, provides that a distribution pipe shall not be located closer than the minimum horizontal distances set out in Table 8.2.1.6.B. The minimum clearance for a structure is 5 m.

  2. The Commission heard that the horizontal distance between the subject structure and distribution piping is between 1.2 m (4 ft) and 1.5 m (5 ft). The Commission was not convinced by the Applicant’s evidence that there would not be a negative effect on the performance level of the existing sewage system if a structure and the distribution piping were permitted to have a clearance that is significantly less than the minimum horizontal distance required by the Building Code.

Dated at the City of Toronto this 4th day in the month of April in the year 2013 for application number S 2012-28.

Judy Beauchamp, Vice-Chair

Gary Burtch

Eric Gunnell