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BCC Ruling No. 94-28-406

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BUILDING CODE COMMISSION DECISION ON B.C.C. #94-28-406

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

AND IN THE MATTER OF Clause 9.14.2.1.(2.1)(c) 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 Van Akker Homes (London) Ltd. for the resolution of a dispute with Mr. R. Cerminara, Chief Building Official, City of London.

APPLICANT

Van Akker Homes (London) Ltd.

RESPONDENT

Mr. R. Cerminara
Chief Building Official
City of London

PANEL

Sarah Maman, Chair
Demir Delen
Michael Lio

PLACE

Toronto, Ontario

DATE OF RULING

September 30, 1994

APPEARANCES

Mr. John Hewitt, Technical Sales
Mr. Paul Hewgill, Sales Manager
Terrafix Geosynthetics Inc.
for the Applicant

RULING

  1. The Applicant

Van Akker Homes (London) Ltd. is the holder of a permit under the Building Code Act, 1992 to construct a single family dwelling (i.e. house) at 495 Palmtree Avenue, London, Ontario.

  1. Description of Constrution

The applicant has constructed a single family dwelling (i.e. house) with a basement foundation. HITEK 20 Cordrain material is used as a drainage layer on below grade foundation walls.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Clause 9.14.2.1.(2.1)(c) of the Building Code. At issue is the use of HITEK 20 Cordrain as a drainage layer on below grade foundation walls in accordance with Section 9.14.

  1. Provision of the Building Code

Sentence 9.14.2.1.(2.1): Foundation Wall Drainage

(2.1) The drainage layer required in Sentence (2) shall be provided by

  1. not less than 19 mm mineral fibre insulation with a density of not less than 57 kg/m3;
  2. not less than 100 mm of free drainage granular material; or,
  3. a system which can be shown to provide equivalent performance to that provided by the materials described in Clauses (a) or (b).

  1. Applicant's Position

The applicant stated that HITEK 20 Cordrain has been properly evaluated and in fact accepted as meeting Clause 9.14.2.1.(2.1)(c) and other Building Code provisions intended to keep basements dry.

  1. Chief Building Officials Position

The respondent stated that there was insufficient information to determine if the product provided equivalent performance to the materials specified in Clause 9.14.2.1.(2.1)(a) & (b). The material should be evaluated by the Canadian Construction Materials Centre.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that the use of HITEK 20 Cordrain as a drainage layer on below grade foundation walls shows sufficiency of compliance with the Building Code.

  1. Conditin:

The foundation walls shall be dampproofed or waterproofed in accordance with Section 9.13 of the Building Code.

  1. Reasons:

The "Demonstration of Full Height Basement Insulation Construction Methods" report prepared for the Ontario Home Builders' Association by Buchan, Lawton, Parent Limited tested a similar product and found it provided equivalent performance as 19 mm mineral fibre insulation and 100 mm of free drainage granular material.

Dated at Toronto, this 30th day, in the month of September, in the year 1994, for application number 1994-37.

Sarah Maman

Demir Delen

Michael Lio