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BCC Ruling No. 96-57-540

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-57-540

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

AND IN THE MATTER OF Section 9.8. 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. Dick Splinter, Vice President, Braebury Homes Corporation, Kingston, Ontario, for the resolution of a dispute with Mr. Kas Mosielski, Chief Building Official, Ontario, concerning whether the proposed combination of straight, winders, and curved stairs provide sufficiency of compliance with Section 9.8. of the Ontario Building Code at Lot # 20, Highmont Court, Kanata, Ontario.

APPLICANT

Mr. Dick Splinter Vice President Braebury Homes Corporation Kingston, Ontario

RESPONDENT

Mr. Kas Mosielski Chief Building Official CITY OF KANATA

PANEL

Mr. Roy Philippe, Chair Mr. Michael Steele Mr. Demir Delen

PLACE

Toronto, Ontario

DATE OF RULING

February 13th, 1997

APPEARANCES

Mr. Dick Splinter
Vice President
Braebury Homes Corporation
The Applicant

Mr. John Plitz
Plan Examiner
City of Kanata
The Respondent

RULING

  1. The Applicant

Mr. Dick Splinter, Braebury Homes Corporation is the holder of a permit under the Building Code Act, 1992 to construct a semi- detached house located on Lot 20, Highmont Court, Kanata, Ontario.

  1. Description of Constrution

The subject building is a 2 storey semi-detached house of combustible construction with a building area of 169 square metres (1,816 sq ft). A stair which serves as the only egress for the second floor is comprised of a combination of a straight portion, a winder, and a curved portion.

  1. Dispute

The dispute between the Applicant and the Respondent concerns whether the use of a straight portion, a winder, and a curved portion in combination in the same interior stair within a dwelling unit meets the requirements of Section 9.8. of the Building Code.

  1. Provision of the Building Code

9.8.2.1.(2) Uniform Treads and Risers

  1. A stairway that is not an exit may contain both a curved and straight portions of stairs in a single flight provided each curved portion conforms to Article 9.8.5.2. and the riser height is uniform throughout the flight.

9.8.5.3. Winders

1.Stairs within dwelling units may contain winders that converge to a centre point provided the winders turn through an angle of not more than 900 and individual treads turn through an angle of 300.

  1. Only one set of winders described in Sentence (1) shall be permitted between floor levels.

  1. Applicant's Position

The Applicant submitted that the stairs as designed has all three accepted types of stairs - straight, winder and curved, and in every way meet the both the intent and the written Building Code. The Applicant further submitted that the Building Code now allows winders in any stairs.

  1. Chief Building Official's Position

The Respondent submitted that Article 9.8.2.1.(2) allows a curved and straight stair but does not restrict or permit a combination of straight, curved, and winder stairs in a single flight. The Respondent further submitted that if 2 winders are not permitted as per Sentence 9.8.5.3.(2) , then the proposed layout should also not be permitted as it appears to be more hazardous than Figure 5.4.4.a. from the "Code and Construction Guide".

  1. Commission Ruling:

It is the decision of the Building Code Commission that the proposed combination of straight, winders, and curved stairs provides sufficiency of compliance with Article 9.8.2.1. of the Ontario Building Code.

  1. Reasons:

i. A stair connecting two floor levels within a dwelling unit is not an exit but an egress facility and Sentence 9.8.2.1.(2) applies.

ii. The Building Code Sentence 9.8.2.1.(2) allows a stairway that is not an exit to contain both curved and straight portions.

iii. The curved portion meets the requirements of Article 9.8.5.2. of the Building Code.

iv. The winders in the stair are in compliance with Article 9.8.5.3. of the Building Code.

v. Section 9.8. does not prohibit the combination of curved, straight and winders in a stair under Sentence 9.8.2.1.(2).

vi. The riser height is uniform throughout the flight.,/OL>

Dated at Toronto, this 13th day, in the month of February, in the year 1997, for application number 1996-67.

Roy Philippe

Michael Steele

Demir Delen