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BCC Ruling No. 95-02-422

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-02-422

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

AND IN THE MATTER OF Sentence 3.11.3.1.(19) 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. Ron Barry, Works & Environment Department, City of Scarborough for the resolution of a dispute with Mr. Bernie Roth, Chief Building Official, City of Scarborough, concerning whether the colour of the pool tiles sufficiently comply with Sentence 3.11.3.1.(19) of the Building Code.

APPLICANT

Mr. Ron Barry
Senior Project Manager
Works & Environment Department
City of Scarborough

RESPONDENT

Mr. Bernie Roth
Chief Building Official
City of Scarborough

PANEL

Mr. Michael Lio, Panel Chair
Mr. Remus Tsang
Mr. Sang Shim

PLACE

Scarborough, Ontario

DATE OF RULING

January 11th, 1995

APPEARANCES

Mr. Roderick Robbie, President
Mr. Arun Sane, Partner
Robbie/Young + Wright Architects Inc.

AND

Mr. Bernhard Gall, President
Waterforms Canada Limited
For the Applicant

Mr. Bernie Roth, Chief Building Official
Mr. Paul Meleta, Building Official

AND

Mr. Louis Mangoff, Solicitor
City of Scarborough
For the Respondent

RULING

  1. The Applicant

Mr. Ron Barry, Works & Environment Department, City of Scarborough is the holder of a permit under the Building Code Act, 1992 to construct a public pool with light blue tiles at the Agincourt Recreation Centre, 31 Glenwatford Drive, Scarborough, Ontario.

  1. Description of Constrution

The Agincourt Recreation Centre Pool is a public pool with a large water slide. The deepest portion of the pool is 2050 mm in depth.

The pool has been finished in a medium blue tile with dark blue decorative squares in a pattern for accent.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Sentence 3.11.3.1.(19) of the Building Code. At issue is colour of the existing medium blue tiles in the submerged portion of the public pool.

  1. Provision of the Building Code

Sentence 3.11.3.1. Pool and Pool Deck Design and
Construction Requirements

(19) Except for markings for safety or competition purposes, submerged surfaces in public pools shall be finished white or light in colour.

  1. Applicant's Position

The applicant submitted that the blue tile does not effect the clarity of the pool bottom and therefore falls within the definition of "light colour" described in Sentence 3.11.3.1.(19) of the Building Code.

  1. Chief Building Officials Position

The respondent submitted that Sentence 3.11.3.1.(19) of the Building Code states that "submerged surfaces in public pools shall be finished white or light in colour". However, the sides and bottom of the pool are finished in a mid-blue coloured tile.

Portions of the bottom and sides of the pool are difficult to see from certain locations along the perimeter of the pool. This poses a potential unsafe condition. Also, visibility of the bottom of the pool will be further reduced by the agitation water caused by users of the pool.

The respondent stated that the colour of the pool tiles darkened significantly when the pool was filled with water. Lighting levels must be increased so that the bottom of the pool is visible from anywhere on the pool deck.

  1. Commission Ruling:

In favour of the Respondent. It is the decision of the Building Code Commission that the pool tile and pool lighting do not comply with the Building Code.

  1. Reason:

The existing colour of the pool tile and pool lighting do not provide sufficient visibility to adequately discern an object on the bottom of the pool from any point on the pool deck.

Dated at Toronto, this 11th day, in the month of January, in the year 1995, for application number 1994-56.

Michael Lio

Remus Tsang

Sang Shim