Ruling No.: 21-19-1592
Application No.: B-2021-12
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 Article 3.7.4.1. and 3.10.2.7 of Division B of Regulation 332/12, as amended, (the “Building Code”).
AND IN THE MATTER OF an application by 2147102 Ontario Inc, for the resolution of a dispute with Greg MacNaughton, Chief Building Official, to determine whether the proposal to construct a one-storey, self-storage building without plumbing facilities, provides sufficiency of compliance with Articles 3.7.4.1. and 3.10.2.7. of Division B, when considering the definition of “sanitary drainage system” and “drainage system” under Article 1.4.1.2. of Division A of the Building Code at 473006 County Road 11, Amaranth, Ontario.
APPLICANT Geoff Chapple
2147102 Canada Inc.
Owen Sound, Ontario
RESPONDENT Greg MacNaughton
Chief Building Official
Dufferin County, Ontario
PANEL Stephen Wong, Chair
Christina Kalt
Michael Gooch
PLACE via video conference
DATE OF HEARING November 10, 2021
DATE OF RULING November 10, 2021
APPEARANCES Geoff Chapple
2147102 Canada Inc.
Owen Sound, Ontario
The Applicant
Doug Kopp
Acting Chief Building Official
Dufferin County, Ontario
The Respondent
RULING
1. Particulars of Dispute
The Applicant has applied for a building permit under the Building Code Act, 1992 to construct a 30 ft.x170 ft. (5,100 ft²) slab on grade self storage building. The building is located at 473006 County Road 11, Amaranth, Ontario.
The proposed building is a one-storey, Group F, Division 2, industrial occupancy building with a building area of 5,100 ft² that will be occupied as a self-service storage building (Phase 1 of the project). Existing on the site is a house that is serviced by an existing well and sewage system. The Applicant intends to further develop the property with additional storage units that will include an office/retail space with accessible public washrooms (Phase 2 of the project). Both parties agree that a separate permit is required for each phase.
The definition of Sanitary Drainage System and Drainage System as defined by Article 1.4.1.2. of Division A of the Building Code were reviewed and neither party disagrees with these definitions.
The dispute centres on whether the proposal to construct the self-storage building without plumbing facilities, as part of Phase 1 of the project, provides sufficiency of compliance with Articles 3.7.4.1. and 3.10.2.7. of Division B of the Building Code.
2. Provisions of the Building Code in Dispute
Division A of the Building Code:
1.4.1.2. Defined Terms
Sanitary Drainage System means a drainage system that conducts sanitary sewage.
Drainage System means an assembly of pipes, fittings, fixtures and appurtenances on a property that is used to convey sewage and clear water waste to a main sewer or a private sewage disposal system, and includes a private sewer, but does not include subsoil drainage piping.
Division B of the Building Code:
3.7.4.1. Plumbing and Drainage Systems
(1) Except as permitted in Sentence (3), each building situated on property that abuts on a street in which a public or municipal water main is located shall be provided with or have accessible to its occupants a plumbing system including a potable water supply, a sanitary drainage system and plumbing fixtures.
(2) When the installation of a sanitary drainage system is not possible because of the absence of a water supply, sanitary privies, chemical closets or other means for the disposal of human waste shall be provided.
(3) Plumbing fixtures need not be provided in a building that is not normally occupied by persons where such installations are impractical and other fixtures are available in nearby buildings when the subject building is in use.
3.10.2.7. Sanitary Facilities
(1) Except as provided in Sentence (2), the requirements in Subsection 3.7.4. shall apply.
(2) Except as provided in Sentence 3.7.4.1.(2) and (3), two washrooms, each containing a water closet and lavatory, shall be provided within one of the buildings on the property.
3. Applicant’s Position
The Applicant submitted that the six-acre property has an existing residential rental house with an existing septic system, and has an approved Site Plan Agreement with the Township of Amaranth for a 30 ft.x170 ft. slab on grade, unheated, pre-engineered, self-service storage building. He also submitted that the property has no public/municipal water or sewers available at the street.
The Applicant explained that he had applied for a building permit to construct the 30 ft.x170 ft. pre-engineered self-service storage building and had submitted an application to relocate the existing septic bed in February of 2020.
In March of 2020, the Applicant was informed by the Municipality that there was a requirement for plumbing facilities and that sanitary privies or chemical closets would not be considered.
The Applicant explained that the rental house on the property is separate from the commercial self-service storage building. He argued that it would be impractical to change the use of a portion of the residence and bring it up to commercial standards for the purpose of constructing washrooms for public use.
The Applicant further submitted that Sentence 3.7.4.1.(2) of Division B of the Building Code is applicable, as the subject property has no public or municipal water. He maintained that because of the absence of a water supply, sanitary privies, chemical closets or other means for the disposal of human waste could be provided in this case.
4. Respondent’s Position
The Respondent submitted that the Building Code requires a minimum of two washrooms, each containing a water closet and a lavatory for the self-service storage building as per Sentence 3.10.2.7.(2) of Division B of the Building Code. The Respondent further submitted that subsidiary uses require plumbing facilities as per Subsection 3.7.4. of Division B of the Building Code and therefore, shall be considered when calculating fixture units and sewage system capacity.
The Respondent reported that the property is currently serviced with a water supply by way of an existing well. He submitted that the property is also of sufficient size to support a sanitary drainage system through the installation of a Class 4 onsite sewage system, in accordance with Part 8 of Division B of the Building Code.
The Respondent submitted that Sentence 3.7.4.1.(1) of Division B of the Building Code requires a plumbing system and potable water for properties that are serviced with a public or municipal watermain. He maintained that, although a proposed building may not have an existing connection to water supply at the street, the development and construction of a building is required to make the connection to the existing water supply on site.
The Respondent explained that in Dufferin County and other rural municipalities, the majority of properties are not serviced by a public or municipal watermain and therefore, must rely on private wells within the property as a means of water supply.
The Respondent submitted that the Applicant has made attempts to meet Sentence 3.7.4.1.(3) of Division B of the Building Code by proposing washrooms in the existing basement of the residential dwelling, which was reviewed for Code compliance.
The Respondent indicated that should the County of Dufferin allow sanitary privies and chemical toilets for properties that have an existing water supply or have access to a water supply within the property by a well, this allowance would then be available to all developments as Article 3.7.4.1. of Division B of the Building Code is not specific to self-service storage buildings.
The Respondent maintained that should a property not have an existing well and the property not be of a size that could support a sanitary drainage system, the allowance of sanitary privies and chemical toilets, as per Sentence 3.7.4.1.(2) of Division B of the Building Code, would be viewed as being in compliance with the Building Code and would not be required to provide sanitary facilities containing water closets and lavatories as per Article 3.10.2.7.
5. Commission Ruling
It is the decision of the Building Code Commission that the proposal to construct a one-storey, self-storage building without plumbing facilities, provides sufficiency of compliance with Articles 3.7.4.1. and 3.10.2.7. of Division B, when considering the definition of “sanitary drainage system” and “drainage system” under Article 1.4.1.2. of Division A of the Building Code at 473006 County Road 11, Amaranth, Ontario.
- Reasons:
i) It is the Commission’s opinion that Sentence 3.7.4.1.(2) of Division B of the Building Code is applicable to Phase 1 of this project.
The Commission heard that for Phase 1 of the project, water supply for the self-storage facility will not be available but will be made available when it is extended as part of Phase 2 of the project.
The Commission heard that the Applicant will, in the interim, be providing sanitary privies or chemical closets to serve the one-storey, self-storage building as part of Phase 1 of the project.
The Commission also heard that when the water supply is extended as part of Phase 2 of the project for the office/retail addition, two washrooms will be made available to the public as shown in the Phase 2 building permit application drawings dated September 28, 2020. The use of sanitary privies or chemical closets will then be discontinued.
Based on the above, it is the Commission’s opinion that the Applicant’s proposal to provide sanitary privies or chemical closets as part of Phase 1 of the project, provides sufficiency of compliance with Sentence 3.7.4.1.(2) of Division B of the Building Code.
ii) It is the Commission’s opinion that Sentence 3.7.4.1.(3) of Division B of the Building Code is not applicable to Phase 1 of this project, as the Applicant will be providing chemical closets for this phase, in compliance with Sentence 3.7.4.1.(2) as noted above.
The Applicant confirmed that accessible public washrooms will be provided as part of Phase 2 of the project, when the addition with office/retail space will be constructed, in compliance with Article 3.10.2.7. It is the understanding of the Commission that sanitary privies or chemical closets will not be removed until such accessible public washrooms are constructed and made available.
Dated at the City of Toronto this 10th day in the month of November in the year 2021 for application number B-2021-12.
Stephen Wong, Chair
Christina Kalt
Michael Gooch