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BCC Ruling No. 97-39-581

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-39-581

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

AND IN THE MATTER OF Sentence 7.1.6.4.(1) of "the Building Code" (Ontario Regulation 419/89 as amended by Ont. Reg. 183/88, 581/88, 11/89 and 115/89).

AND IN THE MATTER OF an application by Mr. Jonathan & Donna Dej, Homeowners, 844 Stirling Avenue South, Kitchener, Ontario, for the resolution of a dispute with Mr. Jim Witmer, Chief Building Official, City of Kitchener, Ontario, concerning whether the proposed water and sewage service connections provides sufficiency of compliance with Sentence 7.1.6.4.(1) of the Ontario Building Code at 844 Stirling Avenue South, Kitchener, Ontario.

APPLICANT

Mr. Jonathan Dej & Donna Dej
Homeowners
844 Stirling Avenue South
Kitchener, Ontario,

RESPONDENT

Mr. Jim Witmer
Chief Building Official
City of Kitchener

PANEL

Mr. Roy Philippe (Chair)
Mr. Michael Steele
Mr. Ross Thomson

PLACE

Toronto, Ontario

DATE OF RULING

Thursday, September 11th, 1997

APPEARANCES

Mr. Jonathan & Donna Dej
Homeowners
The Applicant

Mr. John Shannon
Solicitor
Agent for the Applicant

Mr. Jim Witmer
Chief Building Official
City of Kitchener
The Respondent

RULING

  1. The Applicant

Mr. Jonathan Dej and Mrs. Donna Dej are persons who applied for a building permit under the Building Code Act, 1992 to reconfigure their water and sewer services at 844 Stirling Avenue South, Kitchener, Ontario.

  1. Description of Construction

The subject building, located at 844 Stirling Avenue South in Kitchener, is a one storey, semi-detached structure. The building is described as having a Group C - residential occupancy. It has a building area of approximately 700 ft2. It is composed of combustible construction. The adjoining building has a similar description. It is located at 846 Stirling Avenue South. Both dwellings were built in 1948.

The existing water and sewage services at 844 Stirling Avenue South runs from the municipal mains directly into the subject building at the basement level, where both services divert into two, with one set serving 844 Stirling Avenue South while the other set travels through the party wall and serves 846 Stirling Avenue South.

The Applicant proposes to alter this existing configuration so that the new diversion point of both services to the adjacent property would be in front of and external to 844 Stirling Avenue South. They also propose to cap both existing water and sewage services to 846 Stirling Avenue South within their dwelling.

  1. Dispute

The issue at dispute between the Applicant and Respondent is whether the proposed water and sewage service connection provide sufficiency of compliance with Sentence 7.1.6.4.(1) of the OBC. This provision requires that piping in a building must connect to the public mains separately from that of another building.

  1. Provisions of the Building Code

Sentence 7.1.6.4. Separate Services (1) Piping in any building shall be connected to the public services separately from piping of any other building, except that an ancillary building on the same property may be served by the same service.

  1. Applicant's Position

The Applicant submitted that the proposed new water and sewage configuration, in which the diversion of services to the adjacent property would be located in front and external to their dwelling, provides sufficiency of compliance with Sentence 7.1.6.4.(1). While not creating separate services for both properties, the proposal does eliminate the need to have the piping for 846 Stirling Avenue South running through the Applicant's building.

As a mitigating measure the Applicants are prepared to offer an easement over a portion of their front yard that would allow the owners of the adjacent property to install separate services external to their house.

  1. Chief Building Official's Position

The Respondent submitted that the proposed water and sewer configuration does not provide sufficiency of compliance with Sentence 7.1.6.4.(1). They contend that the proposed connection is not separate from that of the adjacent property.

  1. Commission Ruling

It is the decision of the Building Code Commission that the proposed water and sewage service connections provide sufficiency of compliance with Sentence 7.1.6.4.(1) of the Ontario Building Code at 844 Stirling Avenue South, provided that an easement registered on title is available for access to the service connections by 846 Stirling Avenue South.

  1. Reasons:

i) The external connections provide better access for maintenance to both properties.
ii) No additional loads are being added to the system.
iii) Both parties at 844 and 846 consent to this application.

Dated at Toronto this 11th day in the month of September in the year 1997 for application number 1997-44.

Roy Philippe, Chair

Michael Steele

Ross Thomson