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BCC Ruling No. 00-44-776

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BUILDING CODE COMMISSION DECISION ON B.C.C. #99-10-666

IN THE MATTER OF Subsection 24 (1) of the Building Code Act, 1992.

AND IN THE MATTER OF Sentence 7.1.7.1.(1) of Regulation 61, as amended by O. Reg. 400/91, 158/93, 160/93, 383/94, 20/95 and 395/96 (the "Ontario Building Code") and Sentence 3.1.3.1.(1) of the 1995 National Farm Building Code of Canada.

AND IN THE MATTER OF an application by Mr. Thomas Phillips, property owner, Part Lot 18, Concession 1, Township of Carden, Victoria County, Ontario for the resolution of a dispute with Mr. Paul McCubbing, Chief Building Official, Township of Carden, Ontario to determine whether the existing washroom ventilation and the fire stopping in the subject farm building provide comply with Sentence 7.1.7.1.(1) of the Ontario Building Code and Sentence 3.1.3.1.(1) of the National Farm Building Code of Canada respectively at Part Lot 18, Concession 1, Carden Township, Victoria County, Ontario.

APPLICANT
Mr. William Hawryluk, cottage owner
Part Lot 18, Concession 1
Township of Carden, Ontario

RESPONDENT
Mr. Paul McCubbing
Chief Building Official
Township of Carden

PANEL
Mr. Roy Philippe (Chair)
Mr. Kenneth Peaker
Mr. Michael Steele

PLACE
Toronto, Ontario

DATE OF HEARING
April 8, 1999

DATE OF RULING
April 8, 1999

APPEARANCES
Mr. Thomas Phillips
Property owner
TTownship of Carden
The Applicant

Mr. Paul McCubbing
Chief Building Official
Township of Carden
The Respondent

RULING

1. The Applicant

Mr. Thomas Phillips, Owner, Part Lot 18, Concession 1, brought a dispute to the Building Code Commission regarding the ventilation of the washroom and the fire stopping of a farm building into conformity with the relevant requirements of the of the OBC and the NFBCC at Part Lot 18, Concession 1, Carden Township, Ontario.

2. Description of Construction

The construction in dispute was not described.

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3. Dispute

The issues relating to the technical requirements of the Ontario Building Code were not discussed.

4. Provisions of the Ontario Building Code

Sentence 7.1.7.1.(1) Lighting and Ventilation Requirements

(1) Plumbing fixtures shall not be installed in a room that is not lighted and ventilated in accordance with the appropriate requirements in Parts 3 and 9.

Provisions of the National Farm Building Code of Canada

Sentence 3.1.3.1.(1) Location

(1) Fire stops shall be provided at floor, ceiling and roof levels to cut off all concealed draft openings occurring between storeys and between the top storey and roof space, including spaces filled with batt, loose fill or foamed plastic insulation.

5. Applicant's Position

No arguments regarding technical matters were presented by the Applicant.

6. Respondent's Position

No arguments regarding technical matters were presented by the Respondent.

7. Commission Ruling

It is the decision of the Building Code Commission that the application for a hearing lacks jurisdiction under Section 24 of the Building Code Act to hold a hearing in this matter, as the Applicant is not Aan applicant for a permit or a holder of a permit or a person to whom an order is given@ within the meaning of s 24(1) of the Act.

Dated at Toronto this 8th, day in the month of April in the year 1999 for application number 1999-10..

_______________________________________________

Mr. Roy Philippe, Chair

_______________________________________________

Mr. Kenneth Peaker

_______________________________________________

Mr. Michael Steele