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BCC Ruling No. 97-13-555

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-13-555

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

AND IN THE MATTER OF Sentence 3.2.5.1.(1) and Sentence 3.2.5.1.(2) 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. Konstantine Lamberis, 332 Pacific Avenue, Toronto, Ontario, for the resolution of a dispute with Ms Pamela Coburn, Chief Building Official, City of Toronto, concerning whether a stair with a width of 660 mm (2' 2") rather than the required 860 mm (2' 10") provides sufficiency of compliance with Sentence 9.8.3.3.(2) of the Ontario Building Code at 332 Pacific Avenue, Toronto, Ontario.

APPLICANT

Mr. Konstantine Lamberis
Home Owner
332 Pacific Avenue
Toronto, Ontario

RESPONDENT

Ms Pamela Coburn
Chief Building Official
City of Toronto

PANEL

Mr. Roy Philippe, Chair
Mr. Doug Clancey
Mr. Demir Delen

PLACE

Toronto, Ontario

DATE OF RULING

Thursday, April 24th, 1997

APPEARANCES

Mr. Konstantine Lamberis
Home Owner
332 Pacific Avenue
Toronto, Ontario
The Applicant

RULING

  1. The Applicant

Mr. Konstantine Lamberis, Home Owner, 332 Pacific Avenue is a person who has been issued an Order to Comply under the Building Code Act, 1992 to build a staircase in a single unit house at 332 Pacific Avenue, Toronto, Ontario.

  1. Description of Construction

The new stair was constructed to gain access to a newly conducted third floor attic space.

  1. Dispute

The issue under dispute between the Applicant and the Respondent is whether the new stair with a 2' 2" width rather the minimum required 2' 10" provides sufficiency of compliance with the Building Code.

  1. Provisions of the Building Code

Sentence 9.8.3.3.(2) Stair Width

At least 1 stairway between each floor level in a dwelling unit shall have a minimum width between wall faces of not less than 860 mm (2' 10").

  1. Applicant's Position

The Applicant submitted that the renovation of a house to add new stairs to the third floor will improve the means of egress from the second floor, that renovating to change the building from a rooming house to a single family dwelling will not reduce the level of safety, and that the space available in the existing 90 year old victorian house is limited.

  1. Chief Building Official's Position

The Respondent submitted the stair up to the third floor level must have a minimum width of 2' 10" under Sentence 9.8.3.3.(2) of the Building Code as opposed to the 2' 2" as built.

  1. Commission Ruling

It is the decision of the Building Code Commission that the existing stair from the 2nd to the 3rd floor having a minimum width of 2' 2" provides sufficiency of compliance with Sentence 9.8.3.3.(2) of the Building Code.

  1. Reasons:

i) The stair services a small floor area with limited occupant load.

ii) The actual width is approximately 2" less than permitted under Part II.

iii) The third floor will have access to an exterior balcony.

iv) The stair will comply with all other dimensional requirements under the Building Code.

v) The building is being converted from a rooming house to a single family unit increasing the performance level.

Dated at Toronto this 24th day in the month of April in the year 1997 for application number 1997-05.

Roy Philippe, Chair

Doug Clancey

Demir Delen