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BCC Ruling No. 95-60-480

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-60-480

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

AND IN THE MATTER OF Article 3.7.3.10 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. Mel Hinde, President, Dunleavy Cordun Associates Inc. for the resolution of a dispute with Mr. Les Batson, Chief Building Official, City of Ottawa, concerning whether two semi-recessed, vanity mounted lavatories installed in the barrier free washroom provides sufficiency of compliance with Article 3.7.3.10. of the Building Code, at Tower "C" Place De Ville, 330 Sparks Street, Ottawa, Ontario.

APPLICANT

Dunleavy Cordun Associates Inc.
Markham, Ontario

RESPONDENT

Mr. Les Batson
Chief Building Official
City of Ottawa

PANEL

Mr. Michael Lio, Chair
Mr. Kenneth Bacon
Mr. Michael Steele

PLACE

Toronto, Ontario

DATE OF RULING

December 12th, 1995

APPEARANCES

Mr. Mel Hinde
Mr. Jonathan Matt
Dunleavy Cordum Associates Inc.
Markham, Ontario
As Applicant

RULING

  1. The Applicant

Mr. Mel Hinde, Dunleavy Cordun Associates Inc. is an applicant for a permit under the Building Code Act, 1992 to install two semi- recessed barrier free vanity mounted lavatories in the ground floor public washrooms in Tower "C" Place De Ville, 330 Sparks Street, Ottawa, Ontario.

  1. Description of Constrution

The public washroom on the ground floor of Tower "C" Place De Ville were provided with two semi-recessed barrier free vanity mounted lavatories.

A clearance of 680-690 mm has been provided beneath the bottom of the lavatories and 240-245 mm in the front, whereas, the Building Code requires 710 mm and 260 mm respectively.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Article 3.7.3.10. of the Building Code. At issue is whether the two semi-recessed, vanity mounted lavatories installed in the barrier free washroom provides sufficiency of compliance with the Building Code.

  1. Provision of the Building Code

Article 3.7.3.10. Lavatories

  1. Barrier-free washrooms shall

    1. be provided with a lavatory which shall

i. be located so that the distance between the centreline of the fixture and the side wall is not less than 460 mm (18 in),

ii. have a clearance of at least 710 mm (2 ft 4 in) beneath the bottom of the lavatory to a point at least 260 mm (10¬ in) in from the front,

iii. have insulated waste outlet and hot water supply pipes to prevent burns or have water supply temperature limited to a maximum of 43§C (109§F),

iv. have faucet handles of the lever type that are not spring-loaded, and are located so that the distance from the centreline of the faucet to the edge of the basin or, where the basin is mounted in a vanity, to the front edge of the vanity, is not more than 485 mm (19 in),

v. have no shelves or other projections located above it so as to create a hazard, and

vi. be mounted so that the top of the lavatory or, where the lavatory is in a vanity, the top of the vanity is not more than 840 mm (2 ft 9 in) above the finished floor,

    1. have soap and towel dispensers that are

i. located to be accessible to persons in wheelchairs and so that the dispensing height is not more than 1 200 mm (3 ft 11 in) above the floor, and

ii. operable with a single hand, and

a. have dispensing or hand-operated washroom accessories, except those located in toilet stalls or described in Clauses (a) or (b), mounted so that the dispensing height is between 900 mm (2 ft 11 in) and 1 200 mm (3 ft 11 in) above the floor.

  1. Applicant's Position

The Applicant submitted that the two dimensions of the semi- recessed lavatory, from finished floor to the underside of the lavatory and from the front edge of the vanity fascia to the front edge of the lavatory, differ from the dimensions stated in the Building Code by 20 mm and 15 mm respectively. The lavatory, however, has been tested and conforms to C.S.A. Standards for barrier free as well as National Building Code Standards. The unit is on display in Access Place in Toronto and has been specified and installed in many projects throughout the Province.

The Applicant submitted that since the lavatory conforms to the National Building Code and C.S.A. Standards, and meets all other Building Code requirements for barrier free, it should be permitted to remain installed at this location and be deemed as barrier free.

  1. Chief Building Officials Position

The Respondent submitted that the two lavatories have been installed with clearances less than that required by Subclause 3.7.3.10(1)(a)(iii) of the Building Code. A clearance of 680-690 mm has been provided beneath the bottom of the lavatories and 240- 245 mm, measured in from the front, whereas, the Building Code requires 710 mm and 260 mm respectively.

The Respondent submitted that the Industry continues to use barrier-free lavatories that are identified as meeting both the C.S.A. Standards and the National Building Code, but, fail to comply with the Building Code Regulations. These regulations are very clear with respect to the required clearances due to the sensitivity of barrier-free design, consistent enforcement of the regulations is important.

The Respondent submitted that although he is sympathetic to the problem, he does not have the authority to accept a deviation from the prescriptive requirements of the Building Code.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the two semi-recessed vanity mounted lavatories installed in a barrier free washroom do not comply with Article 3.7.3.10. of the Building Code.

  1. Reasons:

  1. According to product literature the lavatory fails to meet one or both of the Building Code requirements for a clearance of at least 710 mm beneath the bottom and a height from the top of the lavatory to finished floor of no more than 840 mm.

  1. The Applicant was unable to demonstrate sufficiency of compliance with the Building Code.

Dated at Toronto, this 12th day, in the month of December, in the year 1995, for application number 1995-57.

Michael Lio

Kenneth Bacon

Michael Steele