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BCC Ruling No. 95-20-440

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-20-440

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

AND IN THE MATTER OF Section 9.37 & Subsection 9.23.13. of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93 and 355/94 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Martin Lane Lemcke, House Owner, Owen Sound for the resolution of a dispute with Mr. Stan Dolphin, Chief Building Official, Township of Arran, County of Bruce, concerning whether the construction of a single family dwelling (i.e. house) is in accordance with the log construction requirements of Section 9.37 and the roof and ceiling framing requirements of Subsection 9.23.13. of the Building Code, at RR # 2 Allen Ford, Township of Arran, County of Bruce,Ontario.

APPLICANT

Mr. Martin Lane Lemcke
Owen Sound, Ontario

RESPONDENT

Mr. Stan Dolphin
Chief Building Official
Township of Arran, County of Bruce

PANEL

Mr. Michael Lio, Panel Chair
Mr. Rick Florio
Mr. Sang Shim

PLACE

Toronto, Ontario

DATE OF RULING

May 4th, 1995

APPEARANCES

Mr. Don Tedford, Building Inspector
Township of Arran, County of Bruce
For the Respondent

RULING

  1. The Applicant

Mr. Martin Lane Lemcke, House Owner, Owen Sound is an applicant for a permit under the Building Code Act, 1992 to construct a single family dwelling (i.e. house) with an attached garage.

  1. Description of Constrution

The subject building is a raised bungalow (i.e. house) with an attached garage. The structural framing consists of a combination log-type and wood frame construction.

  1. Dispute

The dispute between the Applicant and Respondent concerns the sufficiency of compliance with the technical requirements of Section 9.37 and Subsection 9.23.13. of the Building Code. At issue is whether the construction of a single family dwelling (i.e. house) is in accordance with the log construction requirements of Section 9.37 and the roof and ceiling framing requirements of Subsection 9.23.13. of the Building Code.

  1. Provision of the Building Code

Section 9.37 Log Construction

Subsection 9.23.13. Roof and Ceiling Framing

  1. Applicant's Position

The Applicant submitted that the building sufficiently complies with the log construction and roof and ceiling framing requirements in the Building Code.

  1. Chief Building Officials Position

The Respondent submitted that the log construction and roof and ceiling framing was unacceptable due to the following reasons:

  1. Site inspections by the municipality indicate that the construction does not conform to the Building Code (e.g. log joint detail, lumber species, framing deficiencies, etc.).

  1. Reports from two consulting companies confirm that the building construction does not comply with the structural requirements of the Building Code.

  1. Commission Ruling:

In favour of the Respondent. It is the decision of the Building Code Commission that the log building currently under construction does not comply with the technical requirements of the Building Code. The Applicant must seek structural engineering services of a Professional Engineer licensed under the Professional Engineers Act (Ontario) to certify that the construction conforms to the Building Code.

  1. Reason:

The engineering report submitted indicates the house structure built to-date does not comply with the Building Code.

Dated at Toronto, this 4th day, in the month of May, in the year 1995, for application number 1995-14.

Michael Lio

Sang Shim

Rick Florio