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BCC Ruling No. 11-03-1276

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Ruling No. 11-03-1276
Application No. S 2010-39

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 Sentences 8.2.1.6.(1), 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B. 
of the Regulation 350/06, as amended, (the Building Code).

AND IN THE MATTER OF an application by Allen and Robin Kool, Property Owners, for the resolution of a dispute with Robin Allen, Chief Building Official, North Bay Mattawa Conservation Authority, to determine whether the proposed construction of a Class 4 sewage system providing a clearance distance of 9.5 m from the leaching bed to the lake provides sufficiency of compliance with Division B, Sentences 8.2.1.6.(1), 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B. of the Building Code at 811-117 Water Access on McMichael Island in Salmon Lake Lot 27, Concession 3, Seguin Township, Ontario.

APPLICANT

Allen and Robin Kool
Property Owners
London, Ontario

RESPONDENT

Robin Allen 
Chief Building Official           
North Bay Mattawa Conservation Authority      

PANEL

Judy Beauchamp, Vice-Chair
Jim Wilkinson
Eric Gunnell

PLACE

Toronto, Ontario

DATE OF HEARING

March 8, 2011

DATE OF RULING

March 8, 2011

APPEARANCES

John Jackson Planner Inc.
Parry Sound, ON  
The Agent for the Applicants

Robin Allen 
Chief Building Official           
North Bay Mattawa Conservation Authority      
The Respondent

Rick Brier
Building Inspector
North Bay Mattawa Conservation Authority
The Designate for the Respondent  

RULING

1. Particulars of Dispute

The Applicant has applied for a building permit under the Building Code Act, 1992, and is proposing to construct a Class 4 sewage system having a clearance distance of 9.5 m from the leaching bed to the lake. The issue is whether the clearance distance from the leaching bed provides sufficiency of compliance with Division B, Sentences 8.2.1.6.(1) and 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B. of the Building Code at 811-117 Water Access on McMichael Island in Salmon Lake Lot 27, Concession 3, Seguin Township Ontario.

The installation of the Class 4 sewage system at issue is proposed to serve a new seasonal one bedroom cottage, 99 m² in size, and containing 13 total fixture units with a total daily design sewage flow of 750 L/day.

The construction in dispute involves the proposed installation of a Class 4 sewage system meeting the minimum clearances as set out in the Ontario Building Code, Division B Tables 8.2.1.6.A and 8.2.1.6.B.  Specifically, the dispute revolves around the clearance distance of the distribution pipe to the lake. Article 8.2.1.6. of the Code sets out the minimum horizontal clearance distances for all components of a sewage system. By virtue of Table 8.2.1.6.B., a minimum clearance distance of 15 m from the distribution piping to the lake must be provided, By virtue of Table 8.2.1.6.A, a minimum clearance distance of 15 m from the treatment unit to the lake must be provided. Therefore, the issue in dispute is whether a reduced clearance distance of 9.5 m to the lake provides sufficiency of compliance with Sentences 8.2.1.6.(1), 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B. of the Building Code.

2. Provisions of the Building Code in Dispute

8.2.1.6. Clearances for a Class 4 or 5 Sewage System
  1. (1) Except as provided in Sentences 8.2.1.4.(1) and (2), a treatment unit shall not be located closer than the minimum horizontal distances as set out in Table 8.2.1.6.A.


  2. Table 8.2.1.6.A.
    Minimum Clearances for Treatment Units

    Forming Part of Sentence 8.2.1.6.(1)

    Column 1

    Column 2

    Object

    Minimum Clearance, m

    Structure

    1.5

    Well

    15

    Lake

    15

    Pond

    15

    Reservoir

    15

    River

    15

    Spring

    15

    Stream

    15

    Property Line

    3


  3. (2) Except as provided in Sentences 8.2.1.4.(1) and (2), a distribution pipe shall not be located closer than the minimum horizontal distances set out in Table 8.2.1.6.B. and these distances shall be increased when required by Sentence 8.7.4.2.(9).


  4. Column 1

    Column 2

    Object

    Minimum Clearance, m

    Structure

    5

    Well with a watertight casing to a depth of 6 m

    15

    Any other well

    30

    Lake

    15

    Pond

    15

    Reservoir

    15

    River

    15

    Spring not used as a source of potable water

    15

    Stream

    15

    Property Line

    3


  5. (3) Except as provided in Sentences 8.2.1.4.(1) and (2), a holding tank shall not be located closer than the minimum horizontal distances set out in Table 8.2.1.6.C.

3. Applicant’s Position

The Agent for the Applicant submitted that in a previous application made to the Building Code Commission in 2008, the Commission had ruled favourably on permitting a clearance distance of 12.5 m from the leaching bed to the lake and referenced Ruling # 08-02-1176. The Agent reported that no system exists on the property currently.

The Agent explained that subsequent to the BCC’s ruling, the static water levels of Salmon Lake have risen, as a result of the installation of a new culvert at the lake outlet. Consequently, the Agent reported, the previously approved clearance distance of 12.5 m could no longer be achieved. The Agent stated that the current available clearance distance from the leaching bed to the lake was 9.5 m

The Agent submitted that the Applicant’s have proposed to install an imported mantle 50-63 cm (20-25 inches) thick, and install a tertiary treatment unit with a filter bed disposal field. In the Agent’s view, the proposed Class 4 sewage system would be adequate to treat the effluent. In response to questions, the Agent reported that he did not have a drawing of the proposed filter bed and was not sure at what depth the bedrock rested.

The Agent explained that he would like the Building Code Commission to consider the reduced clearance distance of 9.5 m from the leaching bed to the lake as achieving sufficiency of compliance with the Building Code’s requirements. 

4. Respondent’s Position

The Respondent submitted that the Applicant’s proposal to install the Class 4 sewage system does not meet the minimum clearance distance requirements from the leaching bed to the lake as required by Sentences 8.2.1.6.(1) and 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B. for a Class 4 sewage system.

The Respondent maintained that the Code requires a minimum clearance distance from the leaching bed to the lake of 15 m and that the Applicant’s proposed design falls short by more than 5 m. In response to questions, the Respondent reported that the clearance distances had been measured at 3 different times during various seasons and the measured clearance distance remained 9.5 m each time.

The Respondent submitted that to consider the proposal further, a more detailed proposal would be required along with compensating measures. 

In summary, the Respondent’s advised that his main concern was that the minimum setback as required by Sentences 8.2.1.6.(1) and 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B. for a Class 4 sewage system could not be met.

5. Commission Ruling

It is the Decision of the Building Code Commission that the proposed construction of a Class 4 sewage system providing a clearance distance of 9.5 m from the treatment unit and distribution piping to the lake does not provide sufficiency of compliance with Division B, Sentences 8.2.1.6.(1), 8.2.1.6.(2), Tables 8.2.1.6.A. and 8.2.1.6.B.,  Sentences 8.7.5.3.(1), 8.7.4.2.(11) of the Building Code at 811-117 Water Access on McMichael Island in Salmon Lake Lot 27, Concession 3, Seguin Township, Ontario.

6. Reasons


  1. Article 8.2.1.6. of the Building Code requires that a treatment unit and distribution pipe not be located closer than the minimum horizontal distances set out in Table 8.2.1.6.A. and Table 8.2.16.B. respectively, to various environmental features. According to Tables 8.2.1.6.A. and 8.2.1.6.B, the minimum horizontal clearance distance for both the treatment unit and the distribution piping to the lake is 15 m.  The Commission heard that in this case, the maximum horizontal clearance distance that could be achieved from both the treatment unit and distribution piping to the lake is 9.5 m.

    Further, the Commission was advised that the leaching bed of the subject Class 4 sewage system is raised above original grade. Sentence 8.7.4.2.(11) of the Building Code requires that the horizontal clearance distances set out in Column 2 of Table 8.2.1.6.B. must be increased by twice the height the leaching bed is raised above original grade. Therefore, the minimum required horizontal clearance distances required in this case would be in excess of 15 m.

  2. The Building Code is a minimum set of construction requirements. The Commission was not presented with sufficient information regarding the design of the subject sewage system or any alternative measures that could compensate for non-compliance with the requirements of the Building Code. As such, it is the Commission’s opinion that the proposed 9.5 m horizontal clearance distance from the treatment unit and the distribution piping to the lake does not achieve sufficiency of compliance with the Code.

 
Dated at Toronto this 8th day in the month of March in the year 2011 for application number
S 2010-39.

Judy Beauchamp, Vice Chair 
Jim Wilkinson 
Eric Gunnell