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BCC Ruling No. 96-08-491

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-08-491

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

AND IN THE MATTER OF Sentences 7.1.6.1.(1), 7.1.6.2.(1) and 7.1.6.4.(1) 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. Grant McBain, Vice President, Landwood Building Corporation for the resolution of a dispute with Mr. Yaman Uzumeri, Chief Building Official, City of North York, concerning whether a new building sewer is permitted to be connected to an existing private sewer which is currently serving other buildings, at 2050 Victoria Park Avenue, North York, Ontario.

APPLICANT

Mr. Grant McBain
Landwood Building Corporation
Markham, Ontario

RESPONDENT

Mr. Yaman Uzumeri
Chief Building Official
City of North York

PANEL

Mr. Roy Philippe
Ms. Lesia Beznaczuk
Ms. Susan Friedrich

PLACE

Toronto, Ontario

DATE OF RULING

April 15th, 1996

APPEARANCES

Mr. Grant McBain,BR>Landwood Building Corporation
Markham, Ontario
The Applicant

Mr. D. Musabay, P.Eng.
Director of Mechanical Inspections
AND
Mr. Mario Milantoni
Supervisor of Plumbing Inspections
City of North York
For the Respondent

RULING

  1. The Applicant

Mr. Grant McBain, Vice President is an applicant for a permit under the Building Code Act, 1992 to connect a new building sewer to an existing private sewer at 2050 Victoria Park Avenue, North York, Ontario.

  1. Description of Constrution

The subject property is currently being occupied by a Sunoco gas station. There is an operating septic tank at the rear of the property. A one inch copper water service pipe was installed around 1975 with connection to a water main directly in front of the property on the west side of Victoria Park Avenue. Surface water flows overland to Victoria Park Avenue in accordance with a North York municipal by-law. The existing storm and sanitary sewers on the property were designed and built at the same time as the high-rise building at 21 Welsford Gardens, approximately 1965. There is a registered easement for both the storm and sanitary sewers to service the two commercial properties which front onto Victoria Park Avenue.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Sentences 7.1.6.1.(1), 7.1.6.2.(1) and 7.1.6.4.(1) of the Building Code. At issue is whether a new building sewer is permitted to be connected to an existing private sewer which is currently serving other buildings.

  1. Provision of the Building Code

Sentence 7.1.6.1.(1) Sanitary Drainage Systems

  1. Every sanitary drainage system shall be connected to a public sanitary sewer, a public combined sewer or a private sewage disposal system.

Sentence 7.1.6.2.(1) Storm Drainage Systems

  1. Every storm drainage system shall be connected to a public storm sewage works, a public combined sewage works or a designated storm water disposal location but shall not be connected to a sanitary sewage works.

Sentence 7.1.6.4.(1) Separate Services

  1. Piping in any building shall be connected to the public services separately from piping of any other building, except that an ancillary building on the same property may be serviced by the same service.

  1. Applicant's Position

The Applicant submitted that the subject property is currently serviced by a septic system. The Applicant proposed to service the property with private storm and sanitary sewers which were installed in 1965.

The Applicant submitted that the existing storm and sanitary sewer are of sufficient capacity, depth and orientation to service the subject property.

Both the existing storm sewer and sanitary sewer are located within a 30 foot wide registered easement.

  1. Chief Building Official's Position

The Respondent submitted that the Applicant proposed to service the new property by an existing private storm and sanitary sewer that is already servicing an apartment building and a commercial plaza.

The Respondent submitted that the proposal contravenes the Building Code. A direct connection is required from each property to the public sewer.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the use of existing private sewers provide sufficiency of compliance with the requirement to connect to a public sewer in accordance with sentences 7.1.6.1.(1) and 7.1.6.2.(1) of the Building Code subject to engineering analysis that sufficient capacity exists in the private sewer system.

  1. Reasons:

  1. A registered easement exists with both storm and sanitary sewers to permit the connection

  1. The private storm and sanitory sewers which serve 21 Welsford Gardens were designed in 1965 to service this commercial property which fronts onto Victoria Park Avenue.

  1. According to the consultants reports, both storm and sanitary sewers appear to be of sufficient capacity, depth and orientation to serve this property.

Dated at Toronto, this 15th day, in the month of April, in the year 1996, for application number 1996-06.

Roy Philippe

Lesia Beznaczuk

Susan Friedrich