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BCC Ruling No. 95-59-479

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-59-479

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

AND IN THE MATTER OF Articles 9.7.1.2., 9.32.2.1. and 9.10.14.1. and Part 11 (Required Light & Ventilation) of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93, 355/94 and 20/95 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Ted Batcher, Batcher, Wasserman Barrister, Solicitor & Notaries for the resolution of a dispute with Mr. Michael Nixon, Chief Building Official, City of Toronto, concerning whether: i) residential occupancies conform to the light and ventilation requirements; and, ii) the north exposing building face complies with the spatial separation provisions in the Building Code, at 266 Christie Street, Toronto, Ontario.

APPLICANT

Batcher, Wasserman Barrister
Solicitor & Notaries
North York, Ontario

RESPONDENT

Mr. Michael Nixon
Chief Building Official
City of Toronto

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

December 5th, 1995

APPEARANCES

Mr. G. Di Marco
First Union
For the Applicant
ANDMr. Ted Batcher
Batcher, Wasserman Barrister
Solicitor & Notaries
As Applicant

Mr. Aston G. Wong
Building Engineer
City of Toronto
For the Respondent

RULING

  1. The Applicant

Mr. Ted Batcher, Batcher, Wasserman Barrister, Solicitor & Notaries is the holder of a permit under the Building Code Act, 1992 to renovate an existing three storey building to accommodate a retail store and five dwelling units at 266 Christie Street, Toronto, Ontario.

  1. Description of Constrution

The Applicant proposes to convert an existing three storey building from a laundry shop with four dwelling units to a retail store with five dwelling units.

The north exposing building face has a limiting distance of 0.25 m (10 inches).

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Articles 9.7.1.2., 9.32.2.1. and 9.10.14.1. and Part 11 (Required Light and Ventilation) of the Building Code. At issue is whether: i) residential occupancies conform to the light and ventilation requirements; and, ii) the north exposing building face complies with the spatial separation provisions in the Building Code, at 266 Christie Street, Toronto, Ontario.

  1. Provision of the Building Code

Article 9.7.1.2. Minimum Window Areas

  1. Except as required in Article 9.7.1.3., the minimum window glass area for rooms in buildings of residential occupancy or which are used for sleeping shall conform to Table 9.7.1.A.

  1. The unobstructed glass area of a door or skylight is considered equivalent to that of a window.

Article 9.10.14.1. Maximum Percentage of Unprotected Openings

  1. Except as provided in Sentence (2) and in Articles 9.10.14.3. to 9.10.14.11., the maximum percentage of unprotected openings in an exposing building face shall conform to Table 9.10.14.A. or to Subsection 3.2.3., whichever is the least restrictive for the occupancy being considered.

  1. An opening in an exposing building face not more than 130 cm² (20 in²) shall not be considered an unprotected opening.

Article 9.32.2.1. Natural Ventilation Area

  1. The unobstructed openable ventilation area to the outdoors for rooms and spaces in residential buildings ventilated by natural means shall conform to Table 9.32.2.A.

  1. Where a vestibule opens directly off a living or dining room within a dwelling unit, ventilation to the outdoors for such rooms may be through the vestibule.

Part 11 C93

  1. Where windows are not used as a means of egress and where they do not conflict with ventilation requirements, the minimum glass areas as shown in Table 9.7.1.A. may be reduced by 50%, and

  1. an existing room converted to an interior room created by an addition shall not require a window, provided there is an opening in a dividing wall to an adjoining room where the adjoining room has a minimum of 5% window area of the combined floor areas, and provided the required ventilation for the combined room is maintained.

  1. Applicant's Position

The Applicant submitted that the building has been renovated to include a retail store and five dwelling units. Openings were provided in the north side of building to permit ventilation and some light in accordance with the Building Code.

It is the Applicant's opinion that the building complies with the Building Code with respect to the light, ventilation and spatial separation requirements.

  1. Chief Building Official's Position

The Respondent submitted that with the exception of the second floor bedrooms at the east and west ends of the building, the rooms in the residential occupancies do not conform with the light and ventilation requirements of the Building Code. The third floor dwelling units have similar problems, but roof skylights are proposed.

The Respondent submitted that the proposed window openings open onto a balcony which is recessed into the north exposing building face. The north wall has a limiting distance of 0.25m. (10 in.)

The Respondent also submitted that in the event of a fire, flames from the recessed areas could be directed onto an adjacent building built at the property line. Also, a building constructed at the north property line would certainly block off the already poor lighting and ventilation provided at the balconies. He also added that the Applicant was advised that unprotected openings were not permitted in the north and south walls.

  1. Commission Ruling:

It is the decision of the Building Code Commission that providing unobstructed glass areas in doors in the recessed balconies and skylights at the third floor level provide sufficiency of compliance with Articles 9.7.1.2., 9.32.2.1 and 9.10.14.1. provided the glass area meets the total area as outlined in Table 9.7.1.A. of the Building Code.

  1. Reasons:

  1. Glazing which has been proposed will be installed more than 1.2 m from the property line and does not project towards the property line.

  1. Proposed unobstructed openable areas meet minimum requirements for natural ventilation.

  1. Proposed windows meet minimum area requirements.

  1. A limited number of suites are affected.

Dated at Toronto, this 5th day, in the month of December, in the year 1995, for application number 1995-44.

Roy Philippe

Michael Lio

Demir Delen