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BCC Ruling No. 95-03-423

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

AND IN THE MATTER OF Article 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. Guy Ealey for the resolution of a dispute with Mr. Eric Buchholz, Chief Building Official, Town of Penetanguishene, concerning whether an exterior masonry fire place and chimney required bracing below the roof line to provide lateral stability in compliance with Article of the Building Code, at 230 Church Street, Part lots 110 and 111, Plan 70, Penetanguishene, Ontario.


Mr. Guy Ealey
Box 629
Penetanguishene, Ontario


Mr. Eric Buchholz
Chief Building Official
Town of Penetanguishene


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


Toronto, Ontario


January 11th, 1995


Mr. Gary E. French, Barrister and Solicitor
Mr. Tony Hope and Mr. Guy Ealey
For the Applicant

Mr. Eric Buchholz, Chief Building Official
Town of Penetanguishene


  1. The Applicant

Mr. Guy Ealey is the holder of a permit under the Building Code Act, 1992 to construct an exterior masonry fireplace and chimney on the gable end of a single family residence (i.e. House) at 230 Church Street, Penetanguishene, Ontario.

  1. Description of Constrution

The masonry chimney had a basement solid fuel fireplace and ground floor gas fired fireplace.

The chimney extended approximately 22 feet above the top of the foundation wall and protruded about 3.5 feet above the roof line. Its plan dimensions were 5 ft. 4 in. by 2 ft. The chimney consisted of 13 concrete block courses above the concrete foundation and continued above with one wythe of common brick.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Article of the Building Code. At issue is whether the exterior masonry fireplace and chimney required bracing below the roof line to provide lateral stability.

  1. Provision of the Building Code

Article Lateral Stability

Chimneys shall be braced when necessary to provide lateral stability.

  1. Applicant's Position

The applicant stated that lateral supports or ties to the house structure were not necessary.

The applicant submitted that the chimney started to lean away from the house due to a footing failure or because the footings were excavated and left exposed all winter.

  1. Chief Building Officials Position

The respondent stated that the chimney required lateral support.

The respondent noted that the chimney separated from the exterior wall of the house by approximately 1 inch at the top.

The respondent issued an "Order to Comply" under the Building Code Act requiring the provision of adequate lateral support for the chimney.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that the chimney's lateral bracing provided showed sufficiency of compliance with the Building Code.

  1. Reason:

Evidence submitted at the hearing indicated that the chimney was laterally restrained by soil, the basement fireplace hearth, the main floor gas fireplace hearth and by the roof overhang framing.

Dated at Toronto, this 11th day, in the month of January, in the year 1995, for application number 1994-55.

Michael Lio

Remus Tsang

Sang Shim