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BCC Ruling No. 96-39-522

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-39-522

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

AND IN THE MATTER OF Sentence 9.8.3.1.(1) and Article 9.8.5.2. of "the Building Code" (Ontario Regulation 419/89 as amended by Ont. Reg. 183/88, 581/88, 11/89 and 115/89)

AND IN THE MATTER OF an application by Mr. Dominic D'Eri for the resolution of a dispute with Ms. Pamela Coburn, Chief Building Official, City of Toronto concerning whether the width of the interior stairway provides sufficiency of compliance with Sentence 9.8.3.3.(2). of the Ontario Building Code at 49 Poulette Street, Toronto, Ontario.

APPLICANT

Mr. Dominic D'Eri
Owner
Toronto, Ontario

RESPONDENT
Ms. Pamela Coburn
Chief Building Official
City of Toronto

PANEL

Mr. Roy Philippe (Chair)
Mr. Rick Florio
Mr. Lawrence Glazer

PLACE
Toronto, Ontario

DATE OF RULING
Tuesday, March 11th, 1997

APPEARANCES

Mr. Dominic D'Eri
Owner
The Applicant

Mr. Theodore Arvanntis
Dicris General Contractors
Agent for Applicant

RULING

  1. The Applicant

Mr. Dominic D'Eri, Owner, is a person to whom an order to comply has been issued under the Building Code Act, 1992 to construct a single unit residential building at 49 Poulette Street, Toronto, Ontario.

  1. Description of Construction

The subject building is a 3 storey single unit residential house of combustible construction and a building area of 195 square metres (2,094 sq ft). A single exit stair extending from the basement to the third floor is provided at the south-west corner of the building.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Sentence 9.8.3.3.(2) of the Building Code. At issue is the proposed use of a stair which varies in width from 760 mm to 785 mm, as opposed to the stair shown on the approved set of drawings which has a code complying width of 836.6 mm (2 ft 10 in).

  1. Provisions of the Building Code

9.8.3.3.(2) Stair Width

(2) At least 1 stairway between each floor level in a dwelling unit shall have a minimum width between wall faces of not less than 860 mm (2 ft 10 in)."

  1. Applicant's Position

The applicant stated that the building was redesigned to provide for a thicker exterior wall but that the outside dimensions were not adjusted resulting in the interior stair being 51 to 102 mm (2 to 3 in) narrower. The Applicant further submitted that the stairs are within a single family dwelling and have worked sufficiently for a period of time.

  1. Chief Building Official's Position

The Respondent submitted that the interior stair leading from the basement to the third floor varies in width from 760 mm to 785 mm and varies from Sentence 9.8.3.3.(2) and the approved permit plans. The Respondent further submitted that because the construction was for a new building the stairs could have and should have provided the minimum required width of 860 mm.

  1. Commission Ruling

It is the decision of the Building Code Commission that the width of the interior stair ranging from 760 mm to 785 mm does not provide sufficiency of compliance with Sentence 9.8.3.3.(2) of the Building Code.

  1. Reasons:

The Applicant did not provide persuasive evidence in support of sufficiency of compliance with the Building Code.

Dated at Toronto this 11th day in the month of March in the year 1997 for application number 1996-42.

Mr. Roy Philippe, Chair

Mr. Rick Florio

Mr. Lawrence Glazer