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BCC Ruling No. 94-11-389

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

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

AND IN THE MATTER OF an application by Mr. Anthony Gubbels for the resolution of a dispute with Mr. R. Cerminara, Chief Building Official, City of London.


Mr. Anthony Gubbels


Mr. R. Cerminara
Chief Building Official
City of London


Sarah Maman, Chair
Michael Lio
David Lam


Toronto, Ontario


Mr. Robert Platts, P.Eng., Technical
Consultant, Big "O" Inc. for applicant

May 24th, 1994


  1. The Applicant

The Applicant, Mr. Anthony Gubbels is the holder of a permit issued under s.8(1) of the Building Code Act, 1992 to construct a single family dwelling at 300 Dufferin Avenue, London, Ontario.

  1. Description of Construction

The applicant is proposing to construct a single family house with a basement foundation.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Clause of the Building Code. Also at issue is the proposed use of a System Platon membrane as both dampproofing in accordance with Section 9.13 and as a drainage layer in accordance with Section 9.14.

  1. Provision of the Building Code

Sentence Foundation Wall Drainage (2.1) The drainage layer required in Sentence (2) shall be provided by (a) not less than 19 mm mineral fibre insulation with a density of not less than 57 kg/m3; (b) not less than 100 mm of free drainage granular material; or, (c) 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 System Platon has been well and properly presented, evaluated and in fact accepted as meeting Clause and other Building Code provisions intended to keep basements dry. Reference was made to the following evaluations: (a) CCMC 12266-R of 26 July 1991; (b) BMEC 91-6-154 of 13 November 1991; and, (c) Housing Development and Buildings Branch Opinion of 11 February 1994.

  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 The respondent said that he could not determine whether the Building Materials Evaluation Commission authorization (No. 91-6-154) of the Platon System as a dampproofing membrane applied when the product is used as a drainage layer.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that the use of System Platon shows sufficiency of compliance with the Building Code as a dampproofing and drainage layer system.

  1. Reason:

Based on the information provided, System Platon has been determined to provide equivalent performance to materials specified in Clause and (b).

Dated at Toronto this 24th day in the month of May in the year 1994 for application number 1994-15.