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BCC Ruling No. 98-48-653

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BUILDING CODE COMMISSION DECISION ON B.C.C. #98-48-653

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

AND IN THE MATTER OF Article 3.2.9.1. of Regulation 403, as amended by O. Reg. 22/98, 102/98 and 122/98 (the "Ontario Building Code").

AND IN THE MATTER OF an application by Mr. Neil Husband, Homeowner, R.R. # 4, Orangeville, Ontario, for the resolution of a dispute with Mr. Michael Giles, Chief Building Official, County of Dufferin, to determine whether the natural and mechanical ventilation systems, as constructed, provide sufficiency of compliance with Subsections 9.32.2. and 9.32.3. respectively of the Ontario Building Code at R.R. # 1 (20 Station Street), Grand Valley (Amaranth Twp), Ontario.

APPLICANT

Mr. Neil Husband
Homeowner
R.R. # 4
Orangeville, Ontario

RESPONDENT

Mr. Michael Giles
Chief Building Official
County of Dufferin

PANEL

Mr. Roy Philippe (Chair)
Mr. Susan Friedrich
Mr. Cliff Youdale

PLACE

Toronto, Ontario

DATE OF HEARING

December 15, 1998

DATE OF RULING

December 15, 1998

APPEARANCES

Mr. Neil Husband
Homeowner
Orangeville, Ontario
The Applicant

Mr. Michael A. Giles
Chief Building Official
County of Dufferin, Ontario
The Respondent

RULING

  1. The Applicant

Mr. Neil Husband, Homeowner, R.R. # 4, Orangeville, Ontario, is the holder of a building permit issued on August 25, 1998 under the Building Code Act, 1992 to complete a series of interior and exterior repairs and renovations at R.R. # 1 (20 Station Street), Grand Valley (Amaranth Twp.), Ontario.

  1. Description of Construction

The Applicant is the owner of a three storey single-detached dwelling constructed in 1987 of combustible construction. This house has been the subject of a series of proposed renovations and repairs, including structural repairs (foundation, removing exterior cladding replacing wall sheathing, repairing AVB, replacing studs, installing missing tentest, reapplying exterior cladding, installing missing collar ties, etc.) and the upgrading of an existing ventilation system for the entire building. A permit was issued on July 8, 1998, to repair foundation and structural defects, including concerns about the adequacy of ventilation for this dwelling unit.

When the house was constructed, there was apparently no natural or mechanical ventilation in the unfinished basement space.

As part of the renovation, a new 110 CFM exhaust fan has been installed in the main washroom with a switch centrally located and identified as a ventilation fan. There are also two exhaust fans located in the lower powder room and master bedroom ensuite of 50 CFM each. There is also a range hood in the kitchen of 170 CFM.

Doors have been undercut to promote air movement throughout the dwelling unit when the fan system is in use.

There have also been four 102 mm (4 in) by 254 mm (10 in) grills installed between the unfinished basement and crawl space to provide air movement from the heated crawl space.

  1. Dispute

The issue at dispute between the Applicant and Respondent is whether the natural and mechanical ventilation systems, as constructed, provide sufficiency of compliance with Subsections 9.32.2. and 9.32.3. respectively of the Ontario Building Code at R.R. # 1 (20 Station Street), Grand Valley (Amaranth Twp), Ontario.

  1. Provisions of the Building Code

Subsection 9.32.1.General

Article 9.32.1.2Mechanical Ventilation for Dwelling Units

(1) Every dwelling unit that is supplied with electrical power shall be provided with a mechanical ventilation system in accordance with Subsection 9.32.3.

(See A-9.32.3. in Appendix A.)

Article 9.32.1.3Ventilation of Rooms and Spaces

(1) Except as permitted in Sentence (2), rooms or spaces in a dwelling unit shall be ventilated by natural means in accordance with Subsection 9.32.2.

(2) The natural ventilation of rooms or spaces required in Sentence (1) may be provided by mechanical means.

(3) Where a room or space is not provided with natural ventilation as described in Sentence (1), mechanical ventilation shall be provided to exhaust inside air from or to introduce outside air to that room or space at the rate of onehalf air change per hour if the room or space is mechanically cooled in summer, and one air change per hour if it is not.

Subsection 9.32.2. Natural Ventilation

Sentence 9.32.2.1.(1)Natural Ventilation Area

(1) The unobstructed openable ventilation area to the outdoors for rooms and spaces in residential buildings ventilated by natural means shall conform to Table 9.32.3.1.

Article 9.32.2.2.Protection From Weather and Insects

(1) Openings for natural ventilation other than windows shall be constructed to provide protection from the weather and insects.

(2) Screening shall be of rustproof material.

Subsection 9.32.3.Mechanical Ventilation

Sentence 9.32.3.2Required Mechanical Ventilation

(1) The mechanical ventilation system required in Article 9.32.1.2. shall comply with

(a) Part 6, or

(b) this Subsection for a mechanical ventilation system in a Type I, Type II or Type IV dwelling unit.

  1. Applicant's Position

The Applicant submitted that the ventilation system should perform to comply with the requirements of a system serving the entire building under Article 2.1.1.7. of the Ontario Building Code. This is based on the fact that, where an existing building is subject to material alteration or repair, the 1997 OBC is applicable to the design and construction of the extensions and those parts of the building that are subject to the material alteration or repair. This includes: requiring all rooms or spaces in a dwelling to have either natural or mechanical ventilation; unobstructed openable ventilation in unfinished basement space; protection of naturally ventilated spaces from weather and insects; requiring a heat recovery ventilator; a fresh air exchange rate of 0.3 air changes per hour; a system that resists the growth of micro-organisms.

  1. Respondent's Position

The Respondent submitted that since this building is over 5 years old, Part 11 of the Ontario Building Code applies to the proposed work in this building. As a result, the proposed total mechanical ventilation capacity of 380 CFM meets the requirements of Part 11 of the Ontario Building Code to provide adequate mechanical ventilation.

  1. Commission Ruling

It is the decision of the Building Code Commission that the transfer grills from the crawl space and the mechanical ventilation systems as constructed provide sufficiency of compliance with Section 9.32 of the Building Code.

  1. Reasons

i) The Commission considers the work carried out, including repair of the kitchen exhaust system, subject to Article 11.3.1.1. of the Ontario Building Code

ii) The Building Code requirements at the time of construction permits air transfer from the crawl space to the adjacent basement as noted in Article 9.18.3.5. (1986 OBC).

iii) The additional ventilation fans provided increase the level of performance of the building.

iv) Methods were taken to mitigate moisture entry into the crawl space as part of the repair work carried out, including the installation of the electric heater.

Dated at Toronto this 15th day in the month of December in the year 1998 for application number 1998-56.

Mr. Roy Philippe, Chair

Ms. Susan Friedrich

Mr. Cliff Youdale