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BCC Ruling No. 96-59-542

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-59-542

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

AND IN THE MATTER OF Article 9.9.9.3. 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. Graeme A. Clark, Carriage Hills Resort Corporation, Horseshoe Valley Road, Barrie, Ontario, for the resolution of a dispute with Mr. Ron Kolbe, Director of Building, Township of Oro/Medonte, Ontario concerning whether providing fire separated balconies at the front and back, and a wide shared exit for each of the 2 upper units in a 4 unit building provides sufficiency of compliance with Article 9.9.9.3. of the Ontario Building Code at Carriage Hills Resort at Horseshoe, R.R. # 1, Horseshoe Valley, Barrie, Ontario.

APPLICANT

Mr. Graeme A. Clark
Carriage Hills Resort Corporation
Barrie, Ontario

RESPONDENT

Mr. Ron Kolbe
Director of Building
Township of Oro/Medonte

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

February 13th, 1997

APPEARANCES

Mr. Graeme A. Clark
Carriage Hills
Resort Corporation
Barrie, Ontario
Applicant

Mr. Jeffery Young
Vice President
RN Design Group Inc.
North York, Ontario
Agent for the Applicant

Mr. Ron Kolbe
Director of Building
Township of Oro/Medonte
The Respondent

RULING

  1. The Applicant

Mr. Graeme A. Clark, Carriage Hills Resort is the holder of a permit under the Building Code Act, 1992 to construct 2 and 3 storey multi-unit residential buildings at the Carriage Hills Resort at Horseshoe, Barrie, Ontario.

  1. Description of Constrution

The proposed buildings are Group C Residential Occupancy, of 2 and 3 storeys and having a building area of approximately 19,000 square feet with firewalls to create buildings of approximately 6300 square feet and therefore classified as Part 9 buildings. The buildings are of combustible construction, and without sprinklers, fire alarm system or standpipe and hose systems.

Each unit is one storey and the egress from the upper storey units is via a balcony or porch at the front of the units which is provided with a single open stair down to grade level. Each unit is provided with a balcony at the rear which does not have access to grade from the upper storeys.

  1. Dispute

The dispute between the Applicant and the Respondent concerns whether the upper storey units provide a means of egress that complies with the intent of the Building Code.

  1. Provision of the Building Code

9.9.9.3. Shared Egress Facilities

  1. A dwelling unit shall be provided with a second and separate means of egress where an egress door from the dwelling unit opens onto: a) an exit stairway serving more than i suite, b) a public corridor serving more than 1 suite served by a single exit stairway, c) an exterior passageway serving more than one suite and served by a single exit stairway, or d) a balcony serving more than one suite and served by a single exit stairway.

  1. Applicant's Position

The Applicant submitted that the fire separated balcony for each unit on the 2nd and 3rd floors meets the intent of the Building Code by providing an additional means of egress.

  1. Chief Building Official's Position

The Respondent submitted that the design of the building means that a second means of egress is required under Article 9.9.9.3. of the Building Code.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the required 2nd means of egress from the dwelling units to balconies that do not lead to grade does not provide sufficiency of compliance with Article 9.9.9.3. of the Building Code.

  1. Reasons:

i. No access to a public thoroughfare is provided from the balconies.

ii. No additional compensating measures are provided.

Dated at Toronto, this 13th day, in the month of February, in the year 1997, for application number 1996-62.

Roy Philippe

Demir Delen

Michael Steele