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BCC Ruling No. 93-20-376

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BUILDING CODE COMMISSION DECISION ON B.C.C. #93-20-376

IN THE MATTER OF BUT NOT LIMITED TO: Ontario Building Code, O/Reg. 413/90, as amended

PART 9,

Article 9.10.14.1. and Sentence 9.10.14.12.(4).

Maximum percentage of unprotected openings where the spatial separation between dwelling units on adjoining properties is registered on the titles of both properties.

COMMISSION RULING:

In favour of the applicant.

Regarding the registration of a line 2.4 metres south of the property line into a service easement for a length of 17.8 metres on the title of abutting properties to permit an increase in the maximum permitted area of unprotected openings for a Business and Personal Service Occupancy, being Unit 14, Centrepointe Chambers, Block 5, Registered Plan 4M-825, City of Nepean, Regional Municipality of Ottawa Carleton, Ontario.

It is the decision of the Building Code Commission that this matter of increasing the maximum area of unprotected openings by registering a line 2.4 metres south into a service easement for a length of 17.8 metres meets the intent of the Ontario Building Code.

REASONS:

  1. This new limiting distance line will be registered on the titles of both properties.

  1. The Ontario Building Code already permits this for residential occupancies and there is no reason this principle could not be extended to a Group D Business Occupancy.

Dated at Toronto this 20 day in the month of December in the year 1993 for application number A93-22-378.