Ruling No.: 22-19-1611
Application No.: B-2022-05
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 3.8.2.3., Sentences 3.8.3.3.(14) and Clause 3.8.3.3.(19)(c) of Division B of Regulation 332/12, as amended, (the “Building Code”).
AND IN THE MATTER OF an application by Jonathan Weizel, for the resolution of a dispute with Kelly Smith, Chief Building Official, to determine the existing barrier-free washroom serving a retail unit on the ground floor, in lieu of a universal washroom, provides sufficiency of compliance with Article 3.8.2.3. Division B of the Building Code and further, whether the vision panels located in exits and entrance doors in the barrier-free paths of travel and in other doors not in barrier-free paths of travel on all levels of the subject building, provides sufficiency of compliance with Sentence 3.8.3.3.(14) and Clause 3.8.3.3.(19)(c) of Division B of the Building Code at 21 Matchedash Street South, Orillia, Ontario.
APPLICANT Jonathan Weizel
Jonahan Weizel Architect
Thornhill, Ontario
RESPONDENT Kelly Smith
Former Chief Building Official
City of Orillia, Ontario
PANEL Stephen Wong, Chair
Elektra Vrachas
James Eduful
PLACE via Teams Video Conference
DATE OF HEARING September 8, 2022
DATE OF RULING October 27, 2022
APPEARANCES Jonathan Weizel
Jonathan Weizel Architect
Thornhill, Ontario
Agent of the Applicant
Geoffrey Campbell
Oakleigh Holdings Inc.
Stouffville, Ontario
The Applicant
Greg Miller
Chief Building Official
City of Orillia, Ontario
The Respondent
Todd Robinson
Assistant Manager
City of Orillia, Ontario
Designate for the Respondent
Kelly Smith
Former Chief Building Official
City of Orillia, Ontario
Designate for the Respondent
RULING
1. Particulars of Dispute
The Applicant has received a building permit under the Building Code Act, 1992, to construct a 5 storey building at 21 Matchedash Street South, Orillia, Ontario.
The subject building is a new 5-storeys mixed-used building with one level below grade. The building contains multiple major occupancies with the basement level as a Group F, Division 3 occupancy (storage garage and locker rooms). The ground floor has Group E occupancy (Retail), Group D occupancy (offices), Group C occupancy (residential lobby) and Group F, Division 3 occupancy (storage garage). The second and third floors have Group C occupancy (residential units) and Group D occupancy (offices); The fourth and fifth floors have Group C occupancy (residential units) and Group A, Division 2 subsidiary occupancy (indoor amenity spaces). The building is of non-combustible construction with a building area of 3,153 m2, and is equipped with an automatic sprinkler system, a fire alarm system and a standpipe and hose system.
The Applicant received a building inspection report dated December 17, 2021 from the City of Orillia indicating that the existing washroom in the new retail unit located on the ground floor does not comply with requirements of the Building Code.
The retail unit in question has a floor area of 34.89 m2 and contains a barrier-free washroom. The dispute between the two parties centers on whether the as-constructed washroom is required to meet the Building Code requirements for a universal washroom as set out in Article 3.8.2.3.
In addition, in dispute is also whether the vision panels located in exits and entrance doors in the barrier-free path of travel and in other doors not in a barrier-free path of travel on all levels of the subject building, provides sufficiency of compliance with Sentences 3.8.3.3.(14) and 3.8.3.3.(19)(c) of Division B of the Building Code.
2. Provisions of the Building Code in Dispute
3.8.2.3. Washrooms Required to be Barrier-Free
(1) A barrier-free path of travel shall be provided to barrier-free washrooms designed to accommodate persons with disabilities in conformance with the requirements in Articles 3.8.3.8. to 3.8.3.12.
(2) The number of universal washrooms conforming to Article 3.8.3.12. provided in a building in which a washroom is required by Subsection 3.7.4. shall conform to Table 3.8.2.3.A.
Table 3.8.2.3.A.
Minimum Number of Universal Washrooms per Building
Forming Part of Sentence 3.8.2.3.(2)
| Item | Column 1 Number of Storeys in Building |
Column 2 Minimum Number of Universal Washrooms per Building |
|---|---|---|
| 1. | 1 to 3 | 1 |
| 2. | 4 to 6 | 2 |
| 3. | Over 6 | 3, plus 1 for each additional increment of 3 storeys in excess of 6 storeys |
(3) Where a washroom required by Subsection 3.7.4. is provided in a storey that is required by Article 3.8.2.1. to have a barrier-free path of travel,
(a) the washroom shall conform to Articles 3.8.3.8. to 3.8.3.11., and
(b) the number of barrier-free water closet stalls or enclosures provided in the washroom shall conform to Table 3.8.2.3.B.
Table 3.8.2.3.B. Minimum Number of Water Closet Stalls or Enclosures Required to be Barrier-Free
Forming Part of Sentence 3.8.2.3.(3)
| Item | Column 1 Number of Water Closets per Washroom |
Column 2 Minimum Number of Barrier-Free Water Closet Stalls or Enclosures per Washroom |
|---|---|---|
| 1. | 1 to 3 | 0, where a universal washroom is provided on the same floor level within 45 m of the washroom, or 1, where a universal washroom is not provided on the same floor level within 45 m of the washroom |
| 2. | 4 to 9 | 1 |
| 3. | 10 to 16 | 2 |
| 4. | 17 to 20 | 3 |
| 5. | 21 to 30 | 4 |
| 6. | Over 30 | 5, plus 1 for each additional increment of 10 water closets per washroom in excess of 30 water closets per washroom |
(4) Except as permitted in Sentence (5), where washrooms in excess of those required by Subsection 3.7.4. are provided in a storey that is required by Article 3.8.2.1. to have a barrier-free path of travel, the additional washrooms shall be designed to accommodate persons with disabilities in conformance with the requirements of,
(a) Articles 3.8.3.8. to 3.8.3.11., or
(b) Article 3.8.3.12.
(5) Washrooms need not conform to Sentence (4) provided,
(a) they are located within suites of residential occupancy,
(b) other barrier-free washrooms are provided on the same floor level within 45 m, or
(c) they are located in an individual suite that is,
(i) used for a business and personal services occupancy, a mercantile occupancy or an industrial occupancy,
(ii) less than 300 m2 in area, and
(iii) completely separated from, and without access to, the remainder of the building.
(6) Where a washroom required by Subsection 3.7.4. is provided in a storey that is not required by Article 3.8.2.1. to have a barrier-free path of travel, the washroom shall,
(a) conform to Article 3.8.3.9. and Sentences 3.8.3.10.(4) and 3.8.3.11.(5), and
(b) be provided with at least one ambulatory water closet stall or enclosure conforming to Sentence 3.8.3.8.(10).
3.8.3.3. Doorways and Doors
(14) Where a vision panel is provided in a door in a barrier-free path of travel, such panel shall be at least 75 mm in width and be located so that,
(a) the bottom of the panel is not more than 900 mm above the finished floor, and
(b) the edge of the panel closest to the latch is not more than 250 mm from the latch side of the door.
(19) A normally occupied floor area that is not required by Article 3.8.2.1. to have a barrier-free path of travel shall comply with the following requirements:
(a) all doorways in public corridors in the normally occupied floor area shall comply with Sentence (1),
(b) door opening devices that are the only means of operation on doors in the normally occupied floor area shall comply with Sentence (3),
(c) where a vision panel is provided in a door in the normally occupied floor area, the panel shall comply with Sentence (14),
(d) doors consisting of a sheet of glass in the normally occupied floor area shall comply with Sentence (15), and
(e) where a power door operator is installed for doors in the normally occupied floor area, the control for the power door operator shall comply with Sentence (17).
3. Applicant’s Position
The Agent for the Applicant (the “Agent”) submitted that the retail unit on the ground floor has a floor area of 34.89 m2 and contains a barrier-free washroom as required by Subsection 3.7.4. of Division B of the Building Code and further, the barrier-free washroom within the retail unit meets the minimum number of water closets requirement of Subsection 3.7.4. of Division B of the Building Code based on occupant load.
The Agent stated that the barrier-free washroom is not required to be a universal washroom because there is a universal washroom provided on the same floor level of the building, even though it is located more than 45 m from the barrier-free washroom within the retail unit.
The Agent indicated that the retail unit is a flower shop that is operated by one person. The Agent submitted that the nature of this business involves using a step stool or small ladder to access flowers and plants that are stored on shelves and racks. The Agent further stated that having to use a step stool or small ladder as part of the operation of this business precludes a disabled person from being employed in this business.
The Agent explained that the City of Orillia determined that a universal washroom was required for this retail unit and not a barrier-free washroom. The Agent submitted that the universal washroom that is required to be equipped with an emergency call button is impractical for this retail unit because there would be no other person in the store to provide emergency assistance. Furthermore, the Agent stated that the as-built barrier-free washroom would have to be enlarged to comply with the dimensional requirements for a universal washroom. The Agent explained that it was impractical to accommodate a large universal washroom in such a small retail floor area.
The Agent then proceeded to address the other dispute concerning exit and entrance doors that are located in barrier-free paths of travel, as well as other doors that are not located in barrier-free paths of travel, that are equipped with vision panels that do not meet the requirement of Sentence 3.8.3.3.(14) of Division B of the Building Code. More specifically, the Agent explained that the height of the bottom of the vision panel when measured from the floor is higher than the maximum height of 900 mm permitted by Sentence 3.8.3.3.(14).
The Agent argued that the vision panels in the doors do not reduce the accessibility of the building and do not pose a danger to persons with disabilities.
4. Respondent’s Position
The Respondent submitted that during occupancy inspection, it was noted that the as-built washroom within the ground floor retail unit does not meet the universal washroom design requirements of the Building Code. Furthermore, the Respondent submitted that Sentence 3.8.2.3.(2) of Division B of the Building Code requires the washroom in the ground floor retail unit to be a universal washroom designed in conformance with the requirements of Article 3.8.3.12. of Division B of the Building Code. The Respondent submitted that the City of Orillia did not agree with the Agent’s interpretation of Sentence 3.8.2.3.(5) of Division B of the Building Code that was referenced to justify not having to convert the existing barrier-free washroom into a universal washroom.
The Respondent stated that site measurements showed the existing universal washroom is located 62.8 m from the subject retail unit.
With regard to the second matter in dispute, the Respondent submitted that the entrance and exit doors installed on all levels of the new building and are located in a barrier-free path of travel, contain vision panels that do not comply with Sentence 3.8.3.3.(14) because the height of the bottom of the vision panel, when measured above the finished floor, exceeds the maximum permitted height of 900 mm.
The Respondent further submitted that the vision panels located in exit and entrance doors not in a barrier-free path of travel, do not comply with Clause 3.8.3.3.(19)(c) of Division B of the Building Code because the height of the bottom of the vision panel when measured above the finished floor exceeds the maximum permitted height of 900 mm.
5. Commission Ruling
It is the decision of the Building Code Commission that the existing barrier-free washroom serving a retail unit on the ground floor, in lieu of a universal washroom, provides sufficiency of compliance with Article 3.8.2.3. of Division B of the Building Code at 21 Matchedash Street South, Orillia, Ontario.
It is also the decision of the Building Code Commission that the vision panels located in exits and entrance doors in the barrier-free paths of travel and in other doors not in barrier-free paths of travel on all levels of the subject building, with the exception of those visual panels located in exit doors leading directly into exit stairs, do not provide sufficiency of compliance with Sentence 3.8.3.3.(14) and Clause 3.8.3.3.(19)(c) of Division B of the Building Code at 21 Matchedash Street South, Orillia, Ontario.
6. Reasons
i) Sentence 3.8.2.3.(2) of Division B of the Building Code requires universal washrooms conforming to Article 3.8.3.12. to be provided in a building in which a washroom is required by Subsection 3.7.4., and the required number of universal washrooms is described in Table 3.8.2.3.A. The Commission heard testimony that a universal washroom is provided on the same ground floor of the building more than 45 m away from the subject washroom.
ii) Sentence 3.8.2.3.(3) of Division B of the Building Code requires that, where a washroom required by Subsection 3.7.4. is provided in a storey that is required by Article 3.8.2.1. to have a barrier-free path of travel, such washroom shall be barrier-free. The Sentence also requires a minimum number of barrier-free water closet stalls or enclosures to be provided in such washroom in accordance with Table 3.8.2.3.B.
The Commission heard that the washroom within the ground floor retail unit is a required washroom by Subsection 3.7.4. and is located in a storey that is required to have a barrier-free path of travel. The Commission also heard that the existing washroom meets the requirements of a barrier-free washroom and contains only one water closet.
Table 3.8.2.3.B. requires that, where one water closet is provided in a required washroom as is in this case, a minimum of one barrier-free water closet stall or enclosure is required when a universal washroom on the same floor level is located more than 45 m away from the washroom. One barrier-free water closet stall is available within the subject retail unit washroom.
Therefore, it is the Commission’s opinion that the barrier-free washroom provided within the ground floor retail unit provides sufficiency of compliance with Sentence 3.8.2.3.(3) of Division B of the Building Code.
iii) Sentence 3.8.3.3.(14) of Division B of the Building Code requires the bottom of vision panels in doors in a barrier-free path of travel, to be not more than 900 mm above the finished floor. It is the Commission’s opinion that the doors in the barrier-free path of travel that have the bottom of vision panels located higher than the maximum permitted height above the finished floor do not provide sufficiency of compliance with Sentence 3.8.3.3.(14).
iv) The Commission notes that Clause 3.8.3.3.(19)(c) of Division B of the Building Code pertains to vision panels in doors that are located in the “normally occupied floor area” that is not required to have a barrier-free path of travel. The Commission also notes that floor area is a defined term in Part 1, Division A of the Building Code which does not include exits.
It is the Commission’s opinion that Clause 3.8.3.3.(19)(c) of Division B of the Building Code does not apply to the vision panels in the exit doors leading directly into exit stairs.
Dated at the City of Toronto this 27th day in the month of October in the year 2022 for application number B-2022-05.
Stephen Wong, Chair
Elektra Vrachas
James Eduful