Ruling No.: 22-16-1608
Application No.: S-2021-29
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 8.2.1.3. and Tables 8.2.1.3.A and B of Division B of Regulation 332/12, as amended, (the “Building Code”).
AND IN THE MATTER OF an application by Dan Butkovich and Triptta Neb Butkovich, for the resolution of a dispute with Stephen Watson, Chief Building Official, to determine whether the total daily design sewage flow of 250L/day per unit, proposed for 12 seasonal accommodation units, in a single one storey motel, provides sufficiency of compliance with Article 8.2.1.3. and Tables 8.2.1.3.A and B of Division B of the Building Code, at 2822 Highway 60, Dwight, Ontario.
APPLICANT Dan Butkovich and Triptta Neb Butkovich
Butkovich Retreats Inc.
Township of Lake of Bays, Ontario
RESPONDENT Stephen Watson
Chief Building Official
Township of Lake of Bays, Ontario
PANEL Judy Beauchamp, Chair Designate
Alex Campbell
Matthew Graham
PLACE via video conference
DATE OF HEARING August 18, 2022
DATE OF RULING August 18, 2022
APPEARANCES Rob Clements
Project Consultant
Baysville, Ontario
The Agent for the Applicant
Stephen Watson
Chief Building Official
Township of Lake of Bays, Ontario
The Respondent
RULING
1. Particulars of Dispute
The Applicant applied for and received a Building Permit under the Building Code Act 1992, for the construction of a sewage system, which would serve 7 new seasonal accommodation units. The Applicant then applied for a revision to this building permit, requesting an additional 5 seasonal accommodation units for a total of 12 units.
The seasonal accommodation units are described as luxury tents located on platforms/decks; each having one bedroom that is equipped with a 3-piece bathroom group (toilet, shower, and lavatory) for camping/glamping purposes.
In 2019, the Applicant received a planning approval to rezone part of the subject property to permit 13 tents with decks.
In 2021, the Applicant applied for and received a building permit to construct a sewage system to serve 7 seasonal accommodation units (tents/decks), based on a total daily design sewage flow of 450/L per day per unit as per Table 8.2.1.3 B “Recreational Vehicle/Campground Park”.
In October 2021, the Applicant applied to revise the building permit requesting to construct 5 additional seasonal accommodation units. In the revised building permit application, the Applicant requested that the proposed development be designed based on a reduced total daily design sewage flow of 250 L/day per unit similar to that of a motel room. The revised permit application was denied.
Therefore, the dispute before the Commission is whether the total daily design sewage flow of 250L/day for each of the proposed 12 seasonal accommodation units, provides sufficiency of compliance with Article 8.2.1.3. and Tables 8.2.1.3.A and B of Division B of the Building Code.
2. Provisions of the Building Code in Dispute
Division B, Article 8.2.1.3. Sewage System Design Flow
(1) For residential occupancies, the total daily design sanitary sewage flow shall be at least the value in Column 2 as determined from Table 8.2.1.3.A.
(2) For all other occupancies, the total daily design sanitary sewage flow shall be at least the value in Column 2 as determined from Table 8.2.1.3.B.
(3) Where a building contains more than one establishment, the total daily design sanitary sewage flow shall be the sum of the total daily design sanitary sewage flow for each establishment.
(4) Where an occupancy is not listed in Table 8.2.1.3.B., the highest of metered flow data from at least 3 similar establishments shall be acceptable for determining the total daily design sanitary sewage flow.
The intent of this requirement is to provide a typical daily design sewage flow for the most common establishments in regard to the daily design flow calculation and sewage system component sizing.
Division B, Article 8.2.1.3. Sewage System Design Flow, Table 8.2.1.3.A.
Residential Occupancy
Volume, litres
Apartments, Condominiums, Other Multi-family Dwellings - per person(1)
275
Boarding Houses
(a) Per person,
(i) with meals and laundry facilities, or,
200
(ii) without meal or laundry facilities, and
150
Table 8.2.1.3.A. Residential Occupancies
(b) Per non-resident staff per 8 hour shift
40
Boarding School - per person
300
Dwellings
(a) 1 bedroom dwelling
750
(b) 2 bedroom dwelling
1 100
(c) 3 bedroom dwelling
1 600
(d) 4 bedroom dwelling
2 000
(e) 5 bedroom dwelling
2 500
(f) Additional flow for(2)
(i) each bedroom over 5,
500
(ii) (A) each 10 m2 (or part of it) over 200 m2 up to 400 m2 (3) ,
100
(B) each 10 m2 (or part of it) over 400 m2 up to 600 m2 (3) , and
75
(C) each 10 m2 (or part of it) over 600 m2 (3) , or
50
(iii) each fixture unit over 20 fixture units
50
Hotels and Motels (excluding bars and restaurants)
(a) Regular, per room
250
(b) Resort hotel, cottage, per person
500
(c) Self service laundry, add per machine
2 500
Work Camp/Construction Camp, semi-permanent per worker
250
Column 1
2
Notes to Table 8.2.1.3.A.:
(1) The occupant load shall be calculated using Subsection 3.1.17.
(2) Where multiple calculations of sanitary sewage volume is permitted, the calculation resulting in the highest flow shall be used in determining the design daily sanitary sewage flow.
(3) Total finished area, excluding the area of the finished basement.
Establishments(1)
Volume, litres
Recreational Vehicle or Campground Park
(a) Per site without water or sewer hook-up, or
275
(b) Per site with water and sewer hook-up
425
Column 1
2
Division B, Article 8.2.1.3. Sewage System Design Flow, Table 8.2.1.3.B. partially states:
Table 8.2.1.3.B. Other Occupancies Forming Part of Sentence 8.2.1.3.(2)
5. Applicant’s Position
The Agent for the Applicant submitted that the initial building permit for a new on-site sewage system servicing 7 proposed seasonal accommodation units at 425 L/day each had been issued.
The Agent clarified that the daily flow of the existing motel units, its existing septic system, and the issued permit for the septic system servicing 7 constructed seasonal accommodation units are not in dispute. Only the proposed 5 additional units under the revised building permit application is in dispute.
The Agent reported that the Applicant, following a planning application to rezone part of their property was granted an approval allowing up to 13 new seasonal accommodation units, although a total of 12 units is proposed. He reported that each of the 12 seasonal accommodation units will have a maximum of 400 sq ft with a 3-piece bathroom, which includes a toilet, shower, and lavatory. He described the seasonal accommodation units as luxury tents constructed on platforms used for ‘glamping’.
The Agent submitted that the seasonal accommodation units are similar in use to motel rooms, having one bathroom with one, toilet, shower, and a sink and as such, Part 8, Table 8.2.1.3.A for hotels and motels (excluding bars and restaurants) requires a maximum design sewage flow of 250 L/day. Therefore, a proposed total daily design sewage flow for a total of 12 seasonal accommodation units is reasonable.
In summary, it is the Agent’s position that a proposed daily design sewage flow of 250 L/day, for each of the 12 new seasonal accommodation units, which is similar to that permitted for a motel room, complies with the Building Code.
3. Respondent’s Position
The Respondent submitted that the Applicant applied for and received a building permit to construct 7 structures on their property which would be used as seasonal tent accommodations based on 425 L/day/site.
The Respondent indicated that the property owners applied for a revision to amend their building permit to request a total of 12 new seasonal accommodation units, changing the daily design sewage flow from 425 L/day (Recreational Vehicle/Campground Park) per tent site to 250 L/day per tent site (Hotel/Motel).
The Respondent submitted that the revised permit application was denied as, the seasonal units are not hotel/motels; they are camping sites and as per Sentence 8.2.1.3 (2) of Division B of the Code, which states, “For all other occupancies, the total daily design sanitary sewage flow shall be at least the value in Column 2 as determined from Table 8.2.1.3.B”. As such, the total daily design sewage flow for each seasonal accommodation unit, must conform to Table 8.2.1.3.B., Recreational Vehicles or Campground Park, a flow of 425 L/day/site.
The Respondent reported that at the time the Applicant received Planning approval the documentation demonstrated that the total daily design sewage flow for the entire property was less than 10, 000L/day based on 250 L/day per tent site. The Respondent submitted that based on 425 L/day/site the Applicant would exceed 10,000 L/day and therefore require Ministry of Environment approval if they wish to construct the additional proposed 5 units in accordance with the revised building permit application.
In summary, the Respondent submitted that the Applicant had not provided any data or supporting documentation to show that a daily design sewage flow of 250 L/day for the 5 proposed plus 7 constructed units was in conformance with the Building Code.
4. Commission Ruling
It is the decision of the Building Code Commission that the total daily design sewage flow of 250L/day for the proposed 12 seasonal accommodation units, in a single one storey motel, does not provide sufficiency of compliance with Article 8.2.1.3. and Tables 8.2.1.3.A and B of Division B of the Building Code, at 2822 Highway 60, Dwight, Ontario.
5. Reasons
i) The Commission did not receive sufficient evidence to substantiate the proposed sanitary sewage flow of 250 L/day for each seasonal accommodation unit. No analysis, compensating measures, or comparative metered flow data were provided.
ii) The Commission heard the parties agree that the proposed seasonal accommodation units are not listed in Tables 8.2.1.3.A and B of the Building Code. The Code, by way of Sentence 8.2.1.3. (4) sets out a way to determine the total daily design sewage flow for occupancies not listed in the tables. It states:
Where an occupancy is not listed in Table 8.2.1.3.B., the highest of metered flow data from at least 3 similar establishments shall be acceptable for determining the total daily design sanitary sewage flow.
Therefore, it is the Commission’s opinion, since the occupancy in this case is not listed in the tables, metered flow as described in Sentence 8.2.1.3.(4) could be an appropriate approach to determine the total daily design sewage flow in this case.
iii) The Applicant did not provide the Commission with an alternative solution for consideration.
The Building Code Commission decisions are site-specific and not intended to be precedent setting.
Dated at the City of Toronto this 18th day in the month of August in the year 2022 for application number S-2021-29.
Judy Beauchamp, Chair Designate
Alex Campbell
Matthew Graham