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BCC Ruling No. 96-38-521

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-38-521

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

AND IN THE MATTER OF Article 6.2.4.6. 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. Charles Byrne, President, Charles Byrne Construction, Utterson, Ontario, for the resolution of a dispute with Mr. Gerald J. Keyes, Chief Building Official, Town of Huntsville, concerning whether the warm air supply system which is installed above the ceiling instead of in the concrete slab-on-ground provides sufficiency of compliance with Article 6.2.4.6. of the Ontario Building Code at Lot 22, Crestview Drive, Huntsville, Ontario.

APPLICANT

Mr. Charles Byrne
President
Charles Byrne Construction
Utterson, Ontario

RESPONDENT
Mr. Gerald J. Keyes
Chief Building Official
Town of Huntsville

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

PLACE
Toronto, Ontario

DATE OF RULING

September 26th, 1996

APPEARANCES
Mr. Charles Byrne
President
Charles Byrne Construction
Utterson, Ontario
The Applicant

Mr. Gerald J. Keyes
Chief Building Official
Town of Huntsville
The Respondent

RULING

  1. The Applicant

Mr. Charles Byrne, Charles Byrne Construction, is the holder of a permit under the Building Code Act, 1992 to construct a one storey single family dwelling (i.e. house) on Lot 22, Crestview Drive, Huntsville, Ontario.

  1. Description of Construction

The subject building is a one storey house with a slab-on-ground foundation. The warm-air supply outlets of the forced air heating system are installed with the main ducts located under the ceiling and the insulated branch lines in the attic space.

  1. Dispute

The dispute between the Applicant and the Respondent concerns sufficiency of compliance with Article 6.2.4.6. of the Building Code. At issue is whether the warm air supply system may be installed above the ceiling instead of in the concrete slab-on-ground.

  1. Provisions of the Building Code

Article 6.2.4.6. Concrete Slabs-on-Grade

Warm-air supply systems for residential buildings built on concrete slabs-on-ground shall be installed in the slab and shall be of the perimeter loop type or radial perimeter type.

  1. Applicant's Position

The Applicant submitted that the heating system for the house is a forced air gas system that blows heat from the ceiling level rather than the floor level. The supply vents are located over the windows.

The Applicant submitted that due to ground conditions at the site during construction it was not possible to install ducting in the slab-on-ground. Therefore, numerous insulating procedures were employed to super insulate the house.

The Applicant submitted that the home is insulated under the concrete slab and along the sides of the slab 1.22 m (4 ft) out from the perimeter of the building. The walls contain R21 insulation and the ceiling has an R60 blown cellulose blanket.

The Applicant stated that the heating system is designed for the minimum thermal insulation valves identified in the Building Code.

  1. Chief Building Official's Position

The Respondent submitted that although the current installation does not conform to Article 6.2.4.6. of the Building Code it is his opinion that the installation meets the intent of the Building Code.

The Respondent states that the increased level of insulation in the attic and under the slab compensates for supply air vents being installed in the ceiling.

  1. Commission Ruling

It is the decision of the Building Code Commission that providing warm air supply at the ceiling instead of at the concrete slab-on-ground demonstrates sufficiency of compliance with Article 6.2.4.6. of the Building Code provided supplementary baseboard heating is installed beneath windows in each bedroom and bathroom with a total capacity not to exceed 10% of the total heat loss of the building.

  1. Reasons:

i) Insulation levels in the attic and floor slab significantly exceed those required by the Building Code.

ii) An open concept (living, dining, kitchen) plan has been used.

iii) Evidence was presented that the furnace capacity is well in excess of the building's heat loss.

iv) Supply registers have been provided over windows.

Dated at Toronto this 26th day in the month of September in the year 1996 for application number 1996-41.

Roy Philippe, Chair

Michael Lio

Michael Steele