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BCC Ruling No. 96-29-512

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-29-512

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

AND IN THE MATTER OF Subsection 3.1.6. 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. Anthony Auciello, President, Cachet Estate Homes Inc. & Cachet Development Inc., Thornhill for the resolution of a dispute with Mr. David Potter, Chief Building Official, Town of Richmond Hill, concerning whether a tent to be used as a new home sales office and display area should be considered a temporary structure in accordance with the requirements of Subsection 3.1.6. of the Ontario Building Code at the Cachet Estate Homes, Bayview Hill, Sales Pavilion, 259 Boake Trail, Thornhill, Ontario.

APPLICANT

Mr. Anthony Auciello, President
Cachet Estate Homes Inc.
AND
Cachet Development Inc.,BR> Thornhill, Ontario

RESPONDENT

Mr. David Potter
Chief Building Official
Town of Richmond Hill

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

June 12, 1996

APPEARANCES

Mr. Desi Auciello, Solicitor
Auciello, Franschman
Barristers and Solicitors
For the Applicant

Mr. David Finbow, Manager
Plans Examination and Compliance
Town of Richmond Hill
For the Respondent

RULING

  1. The Applicant

Mr. Anthony Auciello, President, Cachet Estate Homes Inc., is an applicant for a permit under the Building Code Act, 1992 to erect a temporary tent intended for use as a sales office for real estate development located at 259 Boake Trail, Thornhill, Ontario.

  1. Description of Constrution

The subject structure is a temporary tent to be used as a sales office for real estate. The Applicant proposes to construct a 5/8" thick plywood floor on 2x10 @ 24" o.c. Interior walls are proposed to be constructed to a height of approximately 8 feet, containing electrical wire with drywall finish on one side. The interior walls are to be constructed to within 24" of the outside fabric shin. The main entrance and rear exit doors are mounted in full frames with hardware.

There are numerous display areas proposed inside the structure that are typical of those found in traditional builders sales pavilions.

  1. Dispute

The dispute between the Applicant and Respondent concerns an interpretation of Section 3.1.6. of the Building Code. At issue is whether a tent to be used as a new home sales office and display area should be considered a temporary structure in accordance with the requirements of Subsection 3.1.6.

  1. Provision of the Building Code

Subsection 3.1.6. Tents, Air-Supported Structures and Temporary Structures

3.1.6.1. Means of Egress

Tents, air-supported structures and temporary structures shall conform to Sections 3.3. and 3.4.

3.1.6.2. Application

  1. Reserved

  1. Air-supported structures shall not be used for Groups B, C or Group F, Division 1 major occupancies or for classrooms.

  1. Air-supported structures shall be designed primarily as open floor space without interior walls, mezzanines, intermediate floors or similar construction.

  1. A tent used for camping or personal use and not more than 30 m² (323 ft²) in ground area is exempt from requiring a building permit and is exempt from compliance with this Code.

  1. For the purposes of this Subsection, a temporary structure means a building or structure intended to be erected and used for a period of not more than 12 months.

3.1.6.3. Clearance to Other Structures

  1. Except for tents used for camping and other personal uses and except as provided in Sentences (2),(3) and (4), every tent, air-supported structure and temporary structure shall conform to Subsection 3.2.3.

  1. Tents and air-supported structures shall not be erected closer than 3 m (9 ft 10 in) to other structures on the same property except as provided in Sentences (3) and (4), and shall be sufficiently distant from one another to provide an area to be used as a means of emergency egress.

  1. Tents and air-supported structures not occupied by the public need not be separated from one another and are permitted to be erected less than 3 m (9 ft 10 in) from other structures on the same property where such closer spacing does not create a hazard to the public.

  1. Tents not more than 120 m² (1290 ft²) in ground area, located on fair grounds or similar open spaces, need not be separated from one another provided such closer spacing does not create a hazard to the public.

3.1.6.4. Clearance to Flammable Material

The ground enclosed by a tent or air-supported structure and for not less than 3 m (9 ft 10 in) outside of such a structure shall be cleared of all flammable material or vegetation that will carry fire.

3.1.6.5. Flame Resistance

Every tent and all tarpaulins and decorative materials used in connection with tents and air-supported structures shall conform to CAN/ULC S-109-M, "Standard for Flame tests of Flame-Resistant Fabrics and Films".

3.1.6.6. Reserved

3.1.6.6. Design of Framing and Support

The supporting framing structure and anchorage system of all tents more than 225 m² (2420 ft²) in ground area shall be designed by a professional engineer.

3.1.6.7. Design of temporary Structures

Except for tool sheds or similar structures, the structural components of a temporary structure shall be designed in conformance with

  1. Subsection 4.1.6. for the intended use,
  2. Subsection 4.1.7. for the snow and rain, and
  3. Subsection 4.1.8. for wind.

  1. Applicant's Position

The Applicant submitted that the structure is a temporary tent complying with Subsection 3.1.6. of the Building Code.

The Applicant stated that the structure was erected in May and will be removed no later than the end of September 1996.

The Applicant stated that except for snow load design the tent meets the requirements for temporary structures in Article 3.1.6.8. of the Building Code.

  1. Chief Building Official's Position

The Respondent submitted that the use and interior construction proposed by the Applicant was not contemplated under the tent, air- supported structure and temporary structure provisions in Subsection 3.1.6. of the Building Code.

The Respondent stated that the structure does not comply with Subsection 4.1.6. for the intended use, nor Subsection 4.1.7. with respect to snow and ice loading.

The Respondent submitted that the structure does not qualify as a tent due to the interior walls, floor and corridors and the construction requirements in Article 3.1.6.8. of the Building Code for temporary buildings must apply.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the new sales office and display area provides sufficiency of compliance with Subsection 3.1.6. of the Building Code provided the occupancy period is limited to a time when snow loading under Subsection 4.1.7. would not be applicable.

  1. Reason:

Evidence was provided to demonstrate that the provisions of Subsection 4.1.7. and 4.1.8. have been addressed for wind and rain.

Dated at Toronto, this 12th day, in the mont\h of June, in the year 1996, for application number 1996-29.

Roy Philippe

Michael Lio

Michael Steele