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BCC Ruling No. 97-01-543

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-01-543

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

AND IN THE MATTER OF Articles 9.15.4.3. and 9.14.6.1. of "the Building Code" (Ontario Regulation 583/83)

AND IN THE MATTER OF an application by an application by Mr. Jeff Jacques, Owner, Puslinch, Ontario, for the resolution of a dispute with Mr. David Prentice, Chief Building Official, Township of Puslinch, concerning whether installing a trench and weeping tile around the exterior of a foundation wall provides sufficiency of compliance with Articles 9.15.4.3. and 9.14.6.1. of the Ontario Building Code at the residence of Jeff Jacques, RR # 2, Puslinch, Ontario.

APPLICANT

Mr. Jeff Jacques
Owner
Puslinch, Ontario

RESPONDENT

Mr. David S. Prentice
Chief Building Official
Township of Puslinch

PANEL

Mr. Roy Philippe, Chair
Ms. Susan Friedrich
Mr. Demir Delen

PLACE

Toronto, Ontario

DATE OF RULING

February 26th, 1997

APPEARANCES

Mr. Jeff Jacques
Owner
Puslinch, Ontario
The Applicant

Mr. David S. Prentice
Chief Building Official
Township of Puslinch
The Respondent

RULING

  1. The Applicant

Mr. Jeff Jacques, Owner, R.R. # 2 is a person who holds a permit under the Building Code Act, 1980 to make interior renovations and add a two storey addition to an existing one storey single unit dwelling at R.R. # 2, Puslinch, Ontario.

  1. Description of Constrution

The subject single unit house has a building area of 172 square metres (1,850 sq ft), is of combustible construction and is unsprinklered. Around the foundation a 305 mm (12 in) wide trench has been installed which exposes at least 150 mm of the foundation wall above grade.

  1. Dispute

The dispute between the Applicant and the Respondent concerns sufficiency of compliance with Articles 9.15.4.3. and 9.14.6.1. of the Ontario Building Code. At issue is whether the trench designed to expose at least 150 mm of the foundation wall above ground level and drain surface water so that it will not accumulate near the building or adversely affect adjacent properties, provides equal performance to the requirements of the Building Code.

  1. Provision of the Building Code

9.15.4.3. Extension above Ground Level

Exterior foundation walls shall extend not less than 150 mm (5 7/8 in) above finished ground level.

9.14.6.1. Surface Drainage

The building shall be located and the building site be graded so that water will not accumulate at or near the building and will not accumulate at or near the building and will not adversely affect adjacent properties.

  1. Applicant's Position

The Applicant submitted that the trench was designed based on an engineering report, and that there has not been a problem in terms of water accumulation or adversely affecting adjacent properties since it was installed in 1984.

  1. Chief Building Official's Position

The Respondent submitted that the construction was not performed in a manner that provided an extension of exterior foundation walls not less than 150 mm above finished ground level as required by 9.15.4.3. The Respondent further submitted that the proposed remedy does not comply with 9.14.6.1. that requires the site to be graded so that water will not accumulate at or near the building, and in this case the Respondent does not have the authority to accept an equivalent.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the proposal provides sufficiency of compliance with the Building Code provided that a drawing prepared by and bearing the seal of an Architect or Professional Engineer, licensed in Ontario, is provided for the proposed compliance alternative. A letter confirming that based on a site review, that the final installation complies with the sealed drawing is also to be provided by the same Architect or Engineer.

  1. Reasons:

It appears from information provided by the Applicant that the condition has existed since 1984 and there has been no problems with water accumulation. This may be considered as past performance under Article 9.3.0.4. of the 1983 Building Code.

Dated at Toronto, this 26th day, in the month of February, in the year 1997, for application number 1996-60.

Roy Philippe

Susan Friedrich

Demir Delen