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BCC Ruling No. 96-26-509

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-26-509

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

AND IN THE MATTER OF Sentence 3.8.5.2.(2) 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. Chuck Lunau, General Manager, W.A. Stephenson Construction Managers Inc., Richmond Hill for the resolution of a dispute with Mr. Don Warner, Chief Building Official, Township of Brock, concerning whether the proposed "TD" sign on the east side of the building provides sufficiency of compliance with the requirements in Sentence 3.8.5.2.(2) of the Building Code at the Toronto Dominion Bank, 370 Simcoe Street, Beaverton, Ontario.

APPLICANT

Mr. Chuck Lunau, General Manager
W.A. Stephenson Construction Managers Inc.
Richmond Hill, Ontario

RESPONDENT

Mr. Don Warner
Chief Building Official
Township of Brock

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

July 9th, 1996

APPEARANCES

Mr. George Kotsilidis, Manager
Real Estate Operations
Toronto Dominion Bank
For the Applicant

RULING

  1. The Applicant

Mr. Chuck Lunau, General Manager, W.A. Stephenson Construction Managers Inc., Richmond Hill is the holder of a permit under the Building Code Act, 1992 to construct a one storey building for use by the Toronto Dominion Bank at 370 Simcoe Street, Beaverton, Ontario.

  1. Description of Constrution

The subject building is a one storey noncombustible Group D occupancy having a building area of 337.4 m² (3,631.8 ft²).

The Applicant proposed to install an illuminated "TD" logo sign on the east face of the building. The sign will be located near the top at the south end of the east exterior wall. The sign will project 127 mm (5 inches) from the wall face and the sign bottom will be about 3.2 m (10 ft 5 in) above the surface of a side walk.

There is a 0.9 m (3 ft) wide concrete side walk along the east side of the subject building. The side walk abuts the private lane of the Post Office building located on the adjacent property. Also, there is a continuous handrail that projects 76 mm (3 in) from the wall face of the bank building.

At the entrance to the private lane, the separation between the bank building and the adjacent postal building is 3.8 m (12 ft 6 1/4 in). The dimension between the edge of the sidewalk and the west face of the postal building is 2.9 m (9 ft 6 1/4 in). The top of the sidewalk is at the same elevation as the top of the private lane.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Sentence 3.8.5.2.(2) of the Building Code. At issue is the proposed installation of the illuminated "TD" logo sign on the east side of the building adjacent to a private lane.

  1. Provision of the Building Code

Sentence 3.8.5.2.(2) Clearance for Exterior Signs

(2) Except as provided hereinafter, no sign face shall be erected

within 600 mm (23 5/8 in) of the vehicular travelled portion of a

private lane or roadway, or of a motor vehicle parking area unless

the minimum vertical distance between grade and the bottom of the

overhanging sign face is at least 4.25 m (13 ft 11 in).

  1. Applicant's Position

The Applicant submitted that the proposed installation of the illuminated "TD" logo sign on the east side of the building adjacent to a private lane sufficiently complied with the Building Code.

The Applicant submitted that the sign is necessary to identify the bank for people approaching from the east. Also, there is a sidewalk and a handrail on the east side of the building that will help protect the sign from vehicles using the lane. The handrail projects 76 mm (3 in) and the sign depth is 127 mm (5 in).

The Applicant proposed to raise the height of the sign to not less than 12 ft to the bottom of the sign. The Applicant stated that the cube vans that use the lane way are approximately 9 ft high.

The Applicant stated that the Toronto Dominion Bank has a right of way agreement for the use of the sidewalk. They have agreed to keep the sidewalk free of snow and ice.

  1. Chief Building Official's Position

The Respondent submitted that the sign face will be less than 600 mm (23 5/8 in) from a private lane and less than 4.25 m (13 ft 11in) to the bottom of the sign and does not conform to Sentence 3.8.5.2.(2) of the Building Code.

The Respondent submitted that the building next to the bank is a post office which has a large cube van delivering mail to the rear of the building. The van would be very close to the building. The ice and snow build-up in the winter could cause the van to tilt enough to damage or remove the sign.

The Respondent declined to attend the hearing.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the "TD" logo sign on the east side of the building does not comply with Sentence 3.8.5.2.(2) of the Building Code.

  1. Reasons:

i. No commitment was provided that the height of vehicles using the private lane will be permanently restricted as identified in Sentence 3.8.5.2.(3) of the Building Code.

ii. No proposal was presented to limit the vehicular travelled portion of the right of way to meet the requirements of the Building Code.

Dated at Toronto, this 9th day, in the month of July, in the year 1996, for application number 1996-33.

Roy Philippe

Susan Friedrich

Demir Delen