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BCC Ruling No. 97-19-561

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-19-561

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

AND IN THE MATTER OF Article 9.25.2.6. and Sentence 9.25.2.7.(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. Nisio Rizzardo, Manager, Previn Court Homes, 13602 Bramalea Road, Caledon East, Ontario, for the resolution of a dispute with Mr. John Miller, Chief Building Official, Town of New Tecumseth, concerning whether the subject slab-on-ground should be insulated in accordance with Sentence 9.25.2.7.(1) of the Ontario Building Code (OBC) at Lots 81, 92 and 97 of Plan 51M-488 and Lot 52 of Plan 51M-413, Town of New Tecumseth, Ontario.

APPLICANT


Mr. Nisio Rizzardo
Manager
Previn Court Homes
13602 Bramalea Road
Caledon East, Ontario

RESPONDENT


Mr. John Miller
Chief Building Official
Town of New Tecumseth

PANEL

Mr. Roy Philippe, Chair
Mr. Demir Delen
Mr. Lawrence Glazer

PLACE
Toronto, Ontario

DATE OF RULING
Thursday, June 12th, 1997

APPEARANCES
Mr. Nisio Rizzardo
Manager
Previn Court Homes
For the Applicant

Mr. John Miller
Chief Building Official
Town of New Tecumseth
For the Respondent

RULING

  1. The Applicant

Mr. Nisio Rizzardo, Manager, Previn Court Homes, is a person who has applied for a permit under the Building Code Act, 1992 to build residential dwellings with slab-on-ground construction for the basement foundations at Lots 81,92 and 97 of Plan 51M-488 and Lot 52 of Plan 51M-413, Town of New Tecumseth, Ontario.

  1. Description of Construction

The proposed single-detached residential buildings are 1 and 2 storeys, and are classified as Group C Residential under the OBC. The subject building areas would range from 1,200 to 1,800 ft2. The proposed structures are to be made of combustible construction.

Uninsulated concrete slab-on-ground foundations are proposed for the basement area of each building.

  1. Dispute

The issue under dispute between the Applicant and the Respondent is whether the proposed concrete slab-on-ground construction should be insulated to a minimum thermal resistance rating of R8 according to Sentence 9.25.2.7.(1) and Table 9.25.2.A. of the 1990 Ontario Building Code.

  1. Provisions of the Building Code

9.25.2.6. Insulation around Concrete Slabs-on-Ground

Insulation around concrete slabs-on-ground shall extend not less 600 mm below exterior ground level.

9.25.2.7. Minimum Thermal Resistance

(1) Except as permitted in Sentences (2), (3) and (4) the minimum thermal resistance of insulation shall conform to Table 9.25.2.A.

  1. Applicant's Position

The Applicant submitted that the proposed concrete slab-on-ground construction proposed for the subject residential dwellings should not be required to conform to the thermal resistance rating specified in Table 9.25.2.A. As they note, the slab-on-ground floor proposed for each type of residential building on all lots will be located 2.4 m (8 ft.) below the exterior grade level. In their opinion, because the subject slabs-on-ground are lower than the 600 mm depth specified in Article 9.25.2.6. no insulation is therefore required.

The applicants also cite Subsection 9.38.3., Thermal Resistance of Assemblies, specifically Article 9.38.3.7., which sets out the alternative requirements for insulation applied to the exterior of a slab-on-ground floor. It states that insulation is required to be applied to the exterior of the slab-on-ground also to a depth of 600 mm. Thus, it is their belief that the OBC does not require the proposed slabs-on-ground to be insulated.

  1. Chief Building Official's Position

The Respondent submitted that as per Article 9.25.2.1 of the OBC all walls that separate heated space from exterior soil are required to be insulated. They noted that the plans submitted by the applicant show habitable space in the basement levels. As a result, in their opinion, the proposed slabs-on-ground are required to comply with Sentence 9.25.2.7.(1). As such, they are to be built with a thermal resistance rating of R8 according to Table 9.25.2.A.

  1. Commission Ruling

It is the decision of the Building Code Commission that the non insulated basement floor slabs which are located 2.5 m below ground in the subject buildings comply with the Building Code.

  1. Reasons:

It is the intent of the Building Code that only the finished concrete floors of the lowest level of a building constructed within 600 mm below exterior ground is required to have thermal insulation.

Dated at Toronto this 12th day in the month of June in the year 1997 for application number 1997-22.

Roy Philippe, Chair

Demir Delen

Lawrence Glazer