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BCC Ruling No. 96-18-501

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-18-501

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

AND IN THE MATTER OF Subsection 3.11.9. of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93, 383/94 and 20/95 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Russell Flatt, Paramount Canada's Wonderland, Vaughan for the resolution of a dispute with Mr. Mani Navabi, Chief Building Official, City of Vaughan, concerning whether sufficient water closets and shower heads are provided for an outdoor wave action pool in accordance with Subsection 3.11.9. of the Building Code, at the Splash Works, Paramount Canada's Wonderland, Vaughan, Ontario.

APPLICANT

Mr. Russell Flatt
Paramount Canada's Wonderland
Vaughan, Ontario

RESPONDENT

Mr. Mani Navabi
Chief Building Official
City of Vaughan

PANEL

Mr. Roy Philippe, Chair
Mr. Michael Lio
Mr. Michael Steele

PLACE

Toronto, Ontario

DATE OF RULING

May 16th, 1996

APPEARANCES

Mr. Randal Brown, President
Randal Brown & Associates Limited
For the Applicant

Mr. Mani Navabi
Chief Building Official
The Respondent

RULING

  1. The Applicant

Mr. Russell Flatt, Paramount Canada's Wonderland is the holder of a permit under the Building Code Act, 1992 to construct an outdoor wave action pool and ancillary buildings at the Splash Works, Paramount Canada's Wonderland, Vaughan, Ontario.

  1. Description of Constrution

The subject project involves the construction of an outdoor wave action pool and ancillary buildings as an expansion of the existing waterpark currently consisting of a number of water slides/receiving basins, washrooms, change rooms and shower facilities.

The 2880 m² outdoor wave pool is an Assembly, Division 3 (i.e. A-3) occupancy.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Subsection 3.11.9. of the Building Code. At issue is whether sufficient water closets and shower heads are provided for the wave action pool.

  1. Provision of the Building Code

Subsection 3.11.9. Dressing Rooms, Locker Facilities, and Plumbing Facilities for the Public Pools

  • Except as otherwise permitted in Sentences (2) and (3), every public pool shall be equipped with dressing rooms, locker rooms, shower heads, water closets, urinals, lavatories and drinking fountains which shall be designed, constructed and equipped to comply with Sentences (4) to (14).
  1. Where a Class A pool is installed on the premises of a recreational camp, dressing rooms, locker rooms, shower heads, water closets, urinals, lavatories and drinking fountains are not required if

    1. dressing, water closet and shower facilities are conveniently available for bathers elsewhere on the premises, and

    1. foot sprays are provided in accordance with Sentence 3.11.3.1.(16).

  1. Where a Class B pool is installed, dressing rooms, locker rooms, shower heads, lavatories, water closets, drinking fountains and urinals are not required if

a. dressing, water closet and shower facilities are conveniently available elsewhere on the premises for bathers when the pool is open for use, and

b. foot sprays are provided in accordance with sentence 3.11.3.1.(16).

  1. The minimum number of water closets, urinals and lavatories shall be determined from Article 3.6.4.2. and Table 3.6.4.D. for an occupant load based on

1. the formula in sentence 3.1.16.3.(1) for all public pools, except a wave action pool, or

2. the formula in Sentence 3.1.16.3.(2) for a wave action pool.

  1. A minimum of one shower head shall be provided for every 40 bathers.

  1. Where dressing and locker rooms, water closets and urinals are provided in conjunction with a public pool, they shall be located in such a manner that bathers, after using them, shall pass through or by a shower area to reach the pool deck.

  1. All shower heads shall be supplied with portable water at a pressure of at least 140 Kpa (20.3 psi).

  1. The shower water system shall have one or more tempering devices capable of being adjusted to ensure that water supplied to shower heads does not exceed 400C (1040F).

  1. Floors in washrooms, shower areas and passageways used by bathers shall slope to waste drains at not less than 1 per cent and shall be of hard surfaced materials that do not become slippery when wet.

  1. Joints between floors and walls shall be covered in areas described in Sentence (9) and in dressing and locker rooms.

  1. Hose bibs shall be provided in safe locations convenient for flushing down the walls and floors in washrooms, shower areas and passageways used by bathers.

  1. Partitions or walls shall be provided to ensure privacy of dressing rooms, washrooms and shower areas.

  1. The bottom of interior partitions in dressing rooms and washrooms shall be between 250 mm (97/8 in) and 350 mm (133/4 in) above the floor.

  1. Dressing and locker room floors shall have non-slip surfaces that permit convenient and thorough cleaning and disinfecting.

  1. Applicant's Position

The Applicant submitted that for the purpose of occupancy and provision of shower facilities the project is being considered an addition to the existing Splash Works facility. The analogy used is an addition to an existing building. The Applicant submitted that alternatively, the project could have been viewed as a stand- alone facility, but more washrooms and locker facilities would be required in the vicinity of the wave action pool.

The Applicant submitted the following summary of their position:

Occupancy Calculations:

Total Wave Pool Occupancy - 1,944 people; calculated using the formula in Sentence 3.1.16.3.(2) of the Building Code. The total projected occupancy for the balance of the waterpark is 3000 people (using park data from 1994 provided by Paramount Canada's Wonderland).

Total Water Park Site Occupancy: 4,944 people (Wave pool plus balance of site)

Washrooms:

The washrooms are sized based on the total estimated occupancy of the site, including the addition. Including the existing WCs (28 stalls, 14 per sex) and the new WCs (12 stalls, 6 per sex) the requirements of Table 3.6.4.D. of the Building Code are met. Based on the total occupancy of 4,944 people (2,472 per sex), 38 toilets (19 per sex) are required.

Shower Facility Calculations:

A public pool is defined in Part 1 of the Building Code as a "structure, basin or tank containing or intending to contain artificial body of water for swimming, water sport, water recreation or entertainment" but specifically excluding "pools that serve only as receiving basins for persons at the bottom of waterslides".

The Building Code states in Section 3.11.9.1.(5) that one shower head is required for every 40 bathers in a "public pool". As the pools serving the waterslides on the site are not public pools as defined by the Building Code, it is the Applicant's opinion that no showers are required for these pools. Therefore, the number of showers required for the total site should be based on the occupancy of the wave pool alone. Using this logic the Applicant determined the number of showers required to be 48 (1944 persons/40 bathers per shower head). This was provided on the original permit set, with 12 heads (6 per sex) shown on the new facility and plus the 36 in the existing facility (18 per sex).

The Applicant noted that the Waterpark differs from a stand-alone Waterpark in that it serves as only one activity in a larger facility and people therefore will stay in the Waterpark for a short period of time only and not all day as they would in a stand alone Waterpark. There are a large number of additional washrooms located throughout the rest of the park for public use.

  1. Chief Building Officials Position

The Respondent submitted that the occupant load for the wave action pool is 1944 people. The Applicant requires 10 water closets per sex in accordance with Sentence 3.6.4.2.(15) and Table 3.6.4.D. and located in accordance with Sentences 3.11.9.1.(1) and (6) of the Building Code. The Applicant requires 48 shower heads on the wave action pool area.

The Respondent submitted that the applicant is only providing 6 water closets per sex in the immediate area of the wave action pool.

The distance between the existing washroom and shower facilities and the new facilities is approximately 210 m. Further, the distance from the new facilities to the edge of the wave action pool is approximately 75 m. Therefore, a bather may have to travel over 300 m to use a washroom.

The Respondent stated that this is a public health issue.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the additional 20 water closets and 48 showers are required by Article 3.11.9.1. of the Ontario Building Code. Furthermore, it is the decision of the Building Code Commision that providing no fewer than 12 water closets and 32 shower heads in the vicinity of the wave action pool with the remainding 8 water closets and 16 shower heads added to the existing facility at the entrance to the water park demonstrates sufficiency of compliance with the Article 3.11.9.1. of the Ontario Building Code.

  1. Reasons:

The wave action pool increases the occupant load of the water park by 1944 persons.

It is the opinion of the BCC that splitting the additional requirements for showers and water closets between the main entry and the site of the wave pool satisfies the intent of the Building Code for these facilities for bathers.

Dated at Toronto, this 16th day, in the month of May, in the year 1996, for application number 1996-19.

Roy Philippe

Michael Lio

Michael Steele