Ruling No.: 19-18-1538
Application No.: B-2019-12
BUILDING CODE COMMISSION
IN THE MATTER OF Subsection 24(1) of the Building Code Act, S.O. 1992, c. 23, as amended.
AND IN THE MATTER OF Sentence 9.25.4.1.(1) of Regulation 332/12, as amended, (the “Building Code”).
AND IN THE MATTER OF an application by Anne Stewart, for the resolution of a dispute with Rob Farrow, Chief Building Official, to determine whether the design of the proposed wall assembly, which does not include a vapour barrier, for the renovation of a seasonal Group C occupancy building that is not equipped with a heating system, provides sufficiency of compliance with Sentence 9.25.4.1.(1) of Division B of the Building Code at 400 Highway 529, Township of the Archipelago, Ontario.
APPLICANT Anne Stewart Environmental health Consulting Inc., Township of the Archipelago, Ontario
RESPONDENT Rob Farrow Chief Building Official Township of the Archipelago Parry Sound, Ontario
PANEL Stephen Wong, Chair Christina Kalt Lisa Miller-Way
PLACE City of Toronto, Ontario
DATE OF HEARING September 5, 2019
DATE OF RULING September 5, 2019
APPEARANCES Anne Stewart and Mike Weston Environmental health Consulting Inc., Township of the Archipelago, Ontario The Applicant
Rob Farrow Chief Building Official Township of the Archipelago Parry Sound, Ontario The Respondent
Mark Macfie Deputy Chief Building Official Township of the Archipelago Parry Sound, Ontario Designate for the Respondent
RULING
1. Particulars of Dispute
The Applicant has applied for a building permit under the Building Code Act, 1992, to renovate an existing two-storey residential building at 400 Highway 529, Township of the Archipelago, Ontario.
The subject building is a seasonal two two-storey Group C major occupancy building with a building area of 204 m2. The subject building is also not equipped with a heating system.
The construction in dispute centres around whether the design of the proposed wall assembly, which does not include a vapour barrier, provides sufficiency of compliance with Sentence 9.25.4.1.(1) of Division B of the Building Code.
2. Provisions of the Building Code in Dispute
9.25.4.1. Required Barrier to Vapour Diffusion
(1) Thermally insulated wall, ceiling and floor assemblies shall be constructed with a vapour barrier sufficient to prevent condensation in the wall spaces, floor spaces or attic or roof spaces.
3. Applicant’s Position
The Applicant submitted that the portion of the project that is in dispute is the wall assembly. She explained that the subject building is a seasonal dwelling that is not equipped with a heating system. The Applicant advised that she wishes to fill the wall and ceiling cavities with RockwoolTM, and does not want to add a vapour barrier, as the building will not be used during the winter months. The Applicant submitted that she is concerned about condensation occurring in the wall assembly and its inability to dry if a vapour barrier is applied. The Applicant explained that a wall assembly with prolonged exposure to moisture can lead to health issues due to mould buildup and further, can cause the building materials to degrade.
The Applicant maintained that Sentence 9.25.4.1.(1) of Division B of the Building Code is in dispute. The Applicant submitted that she does not believe this Sentence is applicable to her project for the following 5 reasons:
1- There is evidence to support this design under Section 9.25. of the Building Code which states, “(1) This section applies to heat, air and water vapour transfer and measures to control condensation. (2) All walls, ceilings and floors separating conditioned space from unconditioned space, the exterior air or the ground shall be…”.
The Applicant argued that this Section provides the general scope, including the application of Sentence 9.25.4.1.(1), and makes specific reference to “conditioned space”. The Applicant maintained that the permit application makes no reference to installing heating or heating components as part of the proposed construction.
2- As a seasonal building, positioning a vapour barrier on the “warm side” of the insulation would be indeterminable. The “warm side” will vary, as a vapour barrier will not be needed in a seasonal building because it will not be “subjected to differentials in temperature and water vapour pressure” and there will not be excessive “uncontrolled vapour diffusion”.
3- There is discussion and intent for the National Building Code “to expand the application of Part 5 of the Code to building assemblies that are more susceptible to condensation due to high relative humidity over the heating season in milder climates” (User Guide- National Building Code 2005, Application and Intent Statements, Canadian Commission on Building and Fire Codes, National Research council of Canada, 2006).
4- The design is in keeping with the intent of the Ontario Building Code, which states the Code “is not intended to be a textbook on building design, advice on which should be sought from professional sources”. The Applicant submitted that she has sought out and listened to the advice of professionals and the proposed design meets all objectives and functional statements, if RockwoolTM insulation is installed as per the building permit application.
If a vapour barrier is installed, the building will fail to meet several objective statements, as moisture will accumulate on the inside of the wall assembly and will not be able to dry out sufficiently. Therefore, it will fail to meet objectives OH1.1 (inadequate indoor air quality), OH1.3 (moisture), OS2.3 (damage to or deterioration of building elements).
If a vapour barrier is installed it will fail to meet several functional statements of the Code, including: F40 (contaminants), F41 (generation of contaminants), F50 (air suitable for breathing) and F63 (limit condensation). Moisture will accumulate from condensation within the wall assembly and will not dry out, which will result in contaminants such as mould and create a space unsuitable for occupancy.
5- A conditional permit was requested to be issued so that work could begin on other parts of the project that were not in dispute. A conditional permit was not granted, leaving the building without proper sealing and cladding, which has already resulted in damaged sheathing members needing to be replaced.
The Applicant submitted that she and her spouse both have sensitivities due to various occupational exposures and have compromised immune systems. The Applicant submitted that they are both sensitive to:
Mice and that is why RockwoolTM was chosen to be installed, as it is a product that mice do not inhabit
Mould and that is why care needs to be taken to insure the walls will dry out
Electromagnetic fields and that is why the steel siding and roof have been chosen along with low voltage power
The Applicant submitted it was suggested she not install insulation in the seasonal dwelling. However, the Applicant indicated that RockwoolTM insulation is being proposed for the following reasons:
For rodent control
For a thermal buffer, even in summer to keep the building cooler
For reduction of drafts
For sound suppression
For its ability to cope with moisture, as mould cannot grow in RockwoolTM
The Applicant also submitted a proposal, as advised by her engineer, to apply a Borax solution in the subject walls and ceiling assemblies of the building to assist in the prevention of mould growth.
In response to questions, the Applicant confirmed that the subject building is intended to be used seasonally for recreational use and will be closed in the winter, during which time the pipes will be drained and there will be no running water in the building.
In response to questions, the Applicant also confirmed that there will be no heating or air conditioning equipment installed in the seasonal building.
In summary, the Applicant submitted that it is her position that a vapour barrier is not necessary in the construction of this building, as the building will not be heated or used during the winter months.
4. Respondent’s Position
The Respondent submitted that the Applicant applied for a building permit on January 2, 2019 to renovate an existing two-storey residential occupancy building, which was previously occupied on a year-round basis, to a seasonal recreational building.
The Respondent explained that the renovation consists of structural work, plumbing, heat transfer, air leakage and condensation control measures in the basement, first floor and second floor.
The Respondent advised that the Applicant had submitted that batt insulation would be installed on the walls and ceiling of the first storey without a vapour barrier. The Respondent submitted that the Applicant has not indicated that either batt insulation or a vapour barrier will be provided for the second-storey wall or ceiling assemblies.
The Respondent submitted that the structural and plumbing renovations were completed without the benefit of a building permit being issued and therefore, on April 9, 2019 an Order to Comply was issued to the Applicant to obtain a building permit and a Stop Work Order to cease construction.
The Respondent added that the Applicant does not wish to install a vapour barrier as the building will not be used in the winter and she does not want condensation to occur within the wall assembly, thereby causing indoor health issues due to mould growth and causing building materials to degrade.
The Respondent explained that the Applicant is using Subsection 5.5.1. Vapour Barrier of Division B of the Building Code as the rationale for the exclusion of a vapour barrier in an insulated assembly. The Respondent indicated that the Applicant contends that Sentence 5.5.1.1.(3) does not required a vapour barrier be installed where it can be shown uncontrolled vapour diffusion will not adversely affect the health or safety of building users, and that the required condition has not been demonstrated by the Applicant.
The Respondent submitted that Sentence 9.36.2.1.(3) of the Building Code states that “[…] thermal insulation, vapour barrier, air barrier construction, […] need not be provided, but where any of these are provided, they shall comply with the requirements of this Part.” The Respondent advised that the Applicant has installed thermal insulation in this case.
The Respondent also submitted that Sentence 9.25.4.1.(1) of the Code states that “Thermally insulated wall, ceiling, and floor assemblies shall be constructed with a vapour barrier sufficient to prevent condensation in the wall spaces, floor spaces or attic or roof spaces.” The Respondent explained that the Applicant was advised of options to comply with the Building Code, including how to apply for an alternative solution. However, to date no alternative solution proposal has been received.
The Respondent stated that while the Applicant has indicated that the building is not equipped with a heating system, documentation submitted to the Building Code Commission indicated the possibility of a fuel burning appliance, and there is mention of radiators for heat and the running of electrical conduits and heating hoses on the interior surfaces of the walls.
In response to the Applicant’s proposal to use a Borax solution in the wall and ceiling assemblies, the Respondent submitted that it may limit some nutrient source that promotes mould growth, but since the building is existing, proper application would be difficult. Further, the Respondent contended that Borax does not have vapour diffusion qualities but could be considered a preventative measure, limiting condensation in the wall assembly.
The Respondent submitted it is his position that a vapour barrier is required in light of the fact that the building is insulated and that the Building Code Commission application documentation indicates the possibility of heating sources being installed in the building.
5. Commission Ruling
It is the decision of the Building Code Commission that the design of the proposed wall assembly, which does not include a vapour barrier, for the renovation of a seasonal Group C occupancy building that is not equipped with a heating system, provides sufficiency of compliance with Sentence 9.25.4.1.(1) of Division B of the Building Code at 400 Highway 529, Township of the Archipelago, Ontario on condition that:
a) the insulation is installed in accordance with Article 9.25.2.2. Insulation Materials and Article 9.25.2.3. Installation of Thermal Insulation of Division B of the Building Code, and
b) a Borax solution is applied to the wall and ceiling assemblies as proposed by the Applicant.
6. Reasons
i) In Section 9.36. Cottages, Sentence 9.36.1.1.(1) of Division B of the Building Code states:
This Section applies to buildings of residential occupancy used or intended to be used as seasonal recreational buildings.
The Commission heard the Applicant confirm that the subject building will be used seasonally for recreational purposes only and will be closed during the winter months. The Commission also heard evidence and testimony that the subject building will not be equipped with a heating or air conditioning system.
Based on the evidence provided, it is the Commission’s opinion that the subject building is intended to be used as a seasonal recreational building and therefore Section 9.36. of the Building Code applies.
ii) Sentence 9.36.2.1.(3) of Division B of the Building Code states:
Except as provided in Sentence (4), thermal insulation, vapour barrier, air barrier construction, interior finishes, plumbing, heating, mechanical ventilation, air-conditioning and electrical facilities, need not be provided, but where any of these are provided, they shall comply with the requirements of this Part.
The Commission notes that the Applicant’s proposal to install insulation is voluntary and not a requirement of the Building Code for this seasonal recreational building. The Commission heard that the Applicant intends to install insulation without a vapour barrier in the subject building for the purpose of reducing sound transmission and drafts, and to prevent animal and insect infestation. It is the Commission’s opinion that if the insulation is installed in accordance with the conditions outlined above, sufficiency of compliance with Sentence 9.36.2.1.(3) and Sentence 9.25.4.1.(1) is achieved.
Dated at the City of Toronto this 5th day in the month of September in the year 2019 for application number B-2019-12.
Stephen Wong, Chair
Christina Kalt
Lisa Miller-Way