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BCC Ruling No. 97-09-551

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-09-551

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

AND IN THE MATTER OF Article 9.10.14.13. 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. Fred C. DeNure, Owner, 60 Bond Street West, Lindsay, Ontario, for the resolution of a dispute with Mr. Ed O'Connell, Chief Building Official, Town of Lindsay, Lindsay, Ontario concerning whether Article 9.10.14.13. applies to an accessory building located at 60 Bond Street West, Lindsay, Ontario.

APPLICANT

Mr. Fred C. DeNure
Owner
60 Bond Street West
Lindsay, Ontario

RESPONDENT

Mr. Ed O'Connell
Chief Building Official
Town of Lindsay

PANEL

Mr. Roy Philippe (Chair)
Ms. Susan Friedrich
Mr. Ross Thomson

PLACE

Toronto, Ontario

DATE OF RULING

Thursday, April 10th, 1997

APPEARANCES

Mr. John Carley
John Robert Carley Architect Inc.
Toronto, Ontario
Agent for the Applicant

Mr. Paul Chevrier
Deputy Chief Building Official
Town of Lindsay
For the Respondent

RULING

  1. The Applicant

Mr. Fred C. DeNure is a person to whom an Order to Comply has been issued under the Building Code Act, 1992 to rectify an accessory building constructed at 60 Bond Street West, Lindsay, Ontario.

  1. Description of Construction

The subject building is a single storey accessory building of approximately 46 square metres (490 sq ft) of combustible construction located at the rear of the residential property which contains a detached residential dwelling.

  1. Dispute

The issue under dispute is whether the building is to be considered a separate building, and whether the combustible roof overhang which extends to within .483 metres (1 ft 7 in) of the north lot line is permitted under the Building Code.

  1. Provisions of the Building Code

9.10.14.13. Combustible Projections

Except for buildings containing 1 or 2 dwelling units only, combustible projections on the exterior of a wall that are more than 1 m (3 ft 3 in) above ground level, such as balconies, platforms, canopies, eave projections and stairs, and that could expose an adjacent building to fire spread, shall not be permitted within 1.2 m (3 ft 11 in) of a property line or the centreline of a public way, or within 2.4 m (7 ft 10 in) of a combustible projection on another building on the same property.

  1. Applicant's Position

The Applicant submitted that 9.10.14.13. does not apply to this detached accessory building since it is an accessory building to a 1 or 2 dwelling structure. The Applicant further submitted that many municipalities also use this interpretation and allow accessory structures to have combustible projections closer to the lot line than allowed in 9.10.14.13.

  1. Chief Building Official's Position

The Chief Building Official submitted that the building does not contain 1 or 2 dwelling units and therefore must comply with 9.10.14.13. and there is a no definition of an accessory building under the Building Code.

  1. Commission Ruling

It is the decision of the Building Code Commission that the accessory building serving only a dwelling unit provides sufficiency of compliance with Article 9.10.14.13. of the Building Code.

  1. Reasons:

i) Although not directly attached the building is a subsidiary use to the dwelling unit and may be considered as forming part of the dwelling unit.

ii) It is the opinion of the Building Code Commission that the building does not increase the risk to the property or adjacent property from fire.

Dated at Toronto this 10th day in the month of April in the year 1997 for application number 1997-07

Roy Philippe, Chair

Ms. Susan Friedrich

Mr. Ross Thomson