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BCC Ruling No. 94-05-383

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BUILDING CODE COMMISSION DECISION ON B.C.C. #94-05-383

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

AND IN THE MATTER OF Article 9.10.14.11. of Ontario Regulation 413/90 as amended by O.Regs. 400/91, 159/93 and 160/93 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Robert Sherwood for the resolution of a dispute with Mr. Ken Hunter, Chief Building Official, Town of Goderich.

APPLICANT

Mr. Robert Sherwood, President
Sherwood Developments

RESPONDENT

Mr. Ken Hunter
Chief Building Official
Town of Goderich

PANEL

Sarah Maman, Chair
Demir Delen
Remus Tsang

PLACE

Toronto, Ontario

APPEARANCES

Mr. Robert Ritz, Principal, R. Ritz Architect for applicant

Mr. Fred Pellow, Building Inspector, Town of Goderich for respondent

DATE OF RULING

March 29th, 1994

RULING

  1. The Applicant

The Applicant, Mr. Robert Sherwood, is the holder of a permit issued under the Building Code Act, 1992 to construct a building at 52 East Street, Goderich, Ontario.

  1. Description of Construction

The Applicant constructed a two storey building intended for first storey business and personal service occupancy and second storey residential occupancy. Both exterior side walls of the building have a limiting distance of zero. The drawings that formed the basis of permit issuance indicated that the exterior side walls would be constructed of concrete block with steel furring and steel cladding. This was later changed to wood studs and vinyl cladding without prior notification or approval of the Chief Building Official.

  1. Dispute

The dispute between the Applicant and Respondent concerns an interpretation of the technical requirements of the Building Code. The Applicant proposed to move the location of both side property lines to the centre line of the exterior concrete block walls by means of a legal agreement, easement or severance, thereby eliminating the need for noncombustible cladding on the firewall.

  1. Provision of the Building Code

Article 9.10.14.11. Construction of Exposing Building Face

"Except as permitted in Articles 9.10.14.12. to 9.10.14.16., each exposing building face and any exterior wall located above an exposing building face that encloses an attic or roof space shall be constructed in conformance with Table 9.10.14.B. and Subsection 9.10.8."

  1. Applicant's Position

The applicant submits that a Party Wall/Firewall constructed on a property line with deeded joint use by both property owners can have combustible cladding on its exterior face.

  1. Chief Building Officials Position

The respondent submits that the proposal to move the property lines to the centre of the concrete block exterior walls and not remove the combustible cladding does not comply with Article 9.10.14.11. Also, the Chief Building Official did not authorize a change to the drawings that formed the basis on which the permit was issued (BCA ss.8(12)).

  1. Commission Ruling

In favour of the Respondent. It is the decision of the Building Code Commission that the construction requirements of the exposing building face of a firewall erected at or upon a line separating 2 parcels of land at 52 East Street, Goderich, Ontario does not comply with Article 9.10.14.11.

  1. Reason

The exposing building face contains combustible cladding.

Dated at Toronto this 29th day in the month of March in the year 1994 for application number 1994-07.