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BCC Ruling No. 94-37-415

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BUILDING CODE COMMISSION DECISION ON B.C.C. #94-37-415

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

AND IN THE MATTER OF Article 3.3.5.7. of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93 and 160/93 (the "Building Code").

AND IN THE MATTER OF an application by Thomasfield Homes Ltd. for the resolution of a dispute with Mr. Tony Krimmer, Chief Building Official, City of Waterloo.

APPLICANT

Alan MacDonald
Operations Manager
Thomasfield Homes Ltd.
Guelph, Ontario

RESPONDENT

Mr. Tony Krimmer
Chief Building Official
City of Waterloo

PANEL

Sarah Maman, Chair
Demir Delen
Sang Shim

PLACE

Toronto, Ontario

DATE OF RULING

November 22, 1994

APPEARANCES

Mr. Jim Fryett, Principal
James Fryett Architect
Guelph, Ontario

AND

Mr. Brian McCulloch
James Fryett Architect
Guelph, Ontario
For the Applicant

RULING

  1. The Applicant

Thomasfield Homes Ltd. is the holder of a permit under the Building Code Act, 1992 to construct a multi residential condominium townhouse building at Westhill Condominiums, Baker Street, Waterloo, Ontario.

  1. Description of Constrution

The Westhill Condominiums is a multi residential townhouse project with a building area of 641 m?. Each dwelling unit is served by it's own storage garage. There is no dwelling unit above another dwelling unit.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Article 3.3.5.7. of the Building Code. At issue is the determination of whether the construction between the garages and the dwelling units may conform to Sentence 9.10.9.16.(3) of the Building Code instead of the required 1.5 hour fire separation.

  1. Provision of the Building Code

Article 3.3.5.7.: Storage Garage Separation

A storage garage shall be separated from other occupancies by a fire separation with a fire-resistance rating of not less than 1.5 h.

  1. Applicant's Position

The applicant stated that the Building Area is 641 m?. Each garage serves only one dwelling. Overall conditions are similar to the provisions on Part 9 (i.e. Article 9.10.9.16. and 9.10.13.15.).

  1. Chief Building Officials Position

The respondent stated that if the construction between the garages and the dwelling units were in accordance with Sentence 9.10.9.16.(3) the intent of the Code for this multi tenant residential building would be met.

The respondent does not have the authority to permit a condition that deviates from the Building Code and the use of equivalents regulated by Section 2.7 is not applicable.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that using Sentence 9.10.9.16.(3) for the construction between the individual garages and the individual dwelling units shows sufficiency of compliance with the Building Code.

  1. Reasons:

    1. Sentence 9.10.9.16.(3) better addresses the proposed building design. Each garage only serves one unit rather than a multi-car garage as envisioned in Part 3 building.
    2. The building is slightly larger than the Part 9 area limits.

Dated at Toronto, this 22nd day, in the month of November, in the year 1994, for application number 1994-45.

Sarah Maman

Demir Delen

Sang Shim