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BCC Ruling No. 94-07-385

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BUILDING CODE COMMISSION DECISION ON B.C.C. #94-07-385

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

AND IN THE MATTER OF Article 9.10.14.1. of the O. Reg. 419/86, as amended by O.Reg. 183/88, 581/88, 114/89 and 115/89 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Dominic Di Paola for the resolution of a dispute with Mr. Michael Nixon, Chief Building Official, City of Toronto.

APPLICANT

  • Mr. Dominic Di Paola

RESPONDENT

  • Mr. Michael Nixon
    Chief Building Official
    City of Toronto

PANEL

  • Sarah Maman, Chair
  • Michael Lio
  • David Lam

PLACE Toronto, Ontario

APPEARANCES

  • Mr. Edward Ofosu-Barko, Building Engineer,
    City of Toronto, for Respondent

DATE OF RULING May 24th, 1994

RULING

  1. The Applicant

The Applicant, Mr. Dominic Di Paola, is the holder of a permit issued under s.5(1) of the Building Code Act, R.S.O. 1980, Chap. 51 to construct an addition to a single family house at 303 Evelyn Avenue, Toronto, Ontario.

  1. Description of Construction

The applicant constructed a two storey addition to a single family house. The limiting distance of the north exposing building face is 1.2 metres from the property line.

  1. Dispute

The dispute between the Applicant and Respondent concerns the interpretation of Article 9.10.14.1. of the Building Code. At issue is the percentage of unprotected openings in the north exposing building face of the addition. Table 9.10.14.A. identifies the maximum percentage of unprotected openings in an exposing building face with a limiting distance of 1.2 metres to be 7 percent.

The drawings that formed the basis of permit issuance did not indicate any openings on the north elevation of the addition. An order to comply was issued on June 15, 1993 by the City of Toronto requiring compliance with the drawings.

  1. Provision of the Building Code

Article 9.10.14.1., Maximum Percentage of Unprotected Openings

Except as provided in Articles 9.10.14.2. to 9.10.14.7., the maximum percentage of unprotected openings in an exposing building face shall conform to Table 9.10.14.A. or to Subsection 3.2.3., which is the least restrictive for the occupancy being considered. The area of an exposing building face shall be calculated as the total area of exterior wall facing in 1 direction on any side of a building measured from the finished ground to the uppermost ceiling, except that where a building is divided by fire separations into fire compartments, the area of exposing building face may be calculated for each fire compartment provided such separations have not less than a 2 h fire-resistance rating in the case of mercantile and medium hazard industrial occupancies and 3/4 h for other occupancies.

  1. Applicant's Position

The applicant wishes to provide more than 7 percent unprotected openings on the north exposing building face. No supporting documentation or design justification for exceeding the 7 percent criteria was submitted for consideration.

  1. Chief Building Officials Position

The plans accompanying the application for a building permit indicated no openings on the north elevation of the addition. The building permit was issued on July 31, 1990.

The respondent stated that the percentage of unprotected openings on the north elevation does not comply with Building Code requirements. The applicant was advised of solutions to reduce the area of unprotected openings.

  1. Commission Ruling:

In favour of the Respondent. It is the decision of the Building Code Commission that the amount of unprotected openings on the north elevation does not comply with the Building Code.

  1. Reason:

The Applicant has not proposed any alternative method to permit the amount of unprotected opening on the north elevation to exceed 7%, as calculated using Table 9.10.14.A.

Dated at Toronto this 24th day in the month of May in the year 1994 for application number 1994-06.