Ruling No.: 23-11-1625
Application No.: S-2023-05
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 Sentences 8.1.1.2.(1), 8.2.1.2.(1) and Article 8.2.1.4. of Division B of the Building Code.
AND IN THE MATTER OF an application by David Ballentine, for the resolution of a dispute with the Robert Farrow, Chief Building Official, to determine whether the proposal to install a composting toilet and a Class 2 sewage system on a vacant property to serve a future building, provides sufficiency of compliance with Sentences 8.1.1.2.(1), 8.2.1.2.(1) and Article 8.2.1.4. of Division B of the Building Code, at Island 472A, Township of the Archipelago, Ontario.
APPLICANT David Ballentine and Nancy Regan Owners Nobel, Ontario
RESPONDENT Robert Farrow Chief Building Official Township of the Archipelago, Ontario
PANEL Judy Beauchamp, Chair Designate Michael Gooch Alexander Campbell
PLACE via video conference
DATE OF HEARING August 10, 2023
DATE OF RULING August 10, 2023
APPEARANCES Ray Hachigian Parry Sound, Ontario Agent for the Applicant
Todd Thomas Parry Sound, Ontario Agent for the Applicant
Robert Farrow Chief Building Official Township of the Archipelago, Ontario Respondent
RULING
1. Particulars of Dispute
The Applicant has submitted a building permit for the use of a leaching pit to service a proposed 225 m2 seasonal dwelling with a composting toilet on an island located in a UNESCO site known as the Georgian Bay Biosphere.
The Respondent determined that the proposed sewage system does not achieve the level of performance required by the applicable Division B provisions.
The dispute before the Commission is whether the proposal to install a composting toilet and a Class 2 sewage system on a vacant property to serve a future building, provides sufficiency of compliance with Sentences 8.1.1.2.(1), 8.2.1.2.(1) and Article 8.2.1.4. of Division B of the Building Code, at Island 472A, Township of the Archipelago, Ontario.
2. Provisions of the Building Code in Dispute
Division B, Article 8.1.1.2. Definitions
(1) In this part, soil means in-situ, naturally occurring, unconsolidated mineral or organic material, at the earth’s surface that is at least 100 mm thick and capable of supporting plant growth, and includes material compacted or cemented by soil forming processes but does not include displaced materials such as gravel dumps, mine spoils or like deposits.
Division B, Article 8.2.1.4. Site Evaluation Information
(1) Unless it can be shown to be unnecessary, where the percolation time is 10 minutes or greater, the location of all components within a sewage system shall be in conformance with the clearances listed in Article 8.2.1.5. or 8.2.1.6.
(2) Unless it can be shown to be unnecessary, where the percolation time is less than 10 minutes, the clearances listed in Articles 8.2.1.5. and 8.2.1.6. for wells, lakes, ponds, reservoirs, rivers, springs or streams shall be increased to compensate for the lower percolation time.
(3) No building shall be constructed closer to any part of a sewage system than the clearances listed in Article 8.2.1.5. or 8.2.1.6.
(4) If more than one sewage system is located on a lot or parcel of land, there shall be no overlap of any part of the systems.
Appendix A-8.2.1.4. Clearance Requirements
Where coarse natural soils exist it may be necessary to require greater clearance distances to wells or surface water than those listed in the Tables. This is of greater importance when applied to the shoreline properties of sensitive lakes, where it is desired to prevent phosphates from entering the lakes.
Division B, Article 8.2.1.2.(1) Acceptable Installation
A site evaluation shall be conducted in every site where a new or replacement sewage system is to be installed.
3. Applicant’s Position
The Applicant submitted that the Island A 472 (also known as Double Island) in the Township of the Archipelago, Ontario is a residentially zoned property which is currently vacant, save for a small shed.
The island has limited vegetation cover and limited soil cover. The island is U-Shaped with limited development area on one of the arms and a 225 m2, 3 bedroom cottage has been proposed on the larger of the two arms. The Applicant’s submitted documents which indicated a future bedroom outbuilding on the property on the small arm.
The Applicant maintained that as the island has been designated a residential lot, development of the island, should be permitted. However, the Applicant acknowledged that development must be capable of being serviced by a sewage system meeting the minimum requirements of the Building Code. To that end the Applicant has proposed that a composting toilet used in conjunction with a leaching pit meets these requirements. However, as there is no area on the island which has sufficient in-situ soil to meet the requirements of the Building Code, the Applicant has proposed the importation of sand fill material for the construction of the leaching pit.
The Agents for the Applicant submitted that the site evaluation conducted did conclude that there was no area of the property that has sufficient in-situ soil for a leaching pit or any other sewage disposal area. Mr. Hachigian and Mr. Thomas both noted that the island does have pockets of soil material which could be interconnected using imported material. Mr. Thomas and Mr. Hachigian further noted that this was a common practice where insufficient in-situ soil material is available. Based on this, Mr. Thomas, as an installer of systems believed that a leaching pit to service the proposed dwelling could be created.
4. Respondent’s Position
The Respondent’s position is that the use of a Class 2 sewage system at this location is not in compliance with the intent and objectives of the Building Code. Specifically, the Respondent noted that the Building Code is very specific in its wording and a “Leaching Pit” may only be installed where there is sufficient “soil” material for its installation.
The Respondent further noted that the Applicant’s site evaluation report and the site inspection conducted by the Inspector confirmed that there were no areas on the island which had sufficient soil material for the installation of a leaching pit as required by the Building Code. In addition, the Respondent noted that generally the island had a bare outcrop surface which would exceed the maximum percolation time required for the installation of a leaching pit.
For this reason, the Respondent has refused the Application for Construction of a Class 2 Sewage System.
5. Commission Ruling
It is the decision of the Building Code Commission that the proposal to install a class 2 sewage system on a vacant lot to serve a future dwelling unit, does not provide sufficiency of compliance with Sentences 8.1.1.2.(1), 8.2.1.2.(1) and Article 8.2.1.4. of Division B of the Building Code, at Island 472A, Township of the Archipelago, Ontario. of the Building Code at Island A 472 in the Township of the Archipelago, Ontario.
6. Reasons
i) Division B, Article 8.1.1.2. Definitions states:
(1) In this Part,
Soil means in-situ, naturally occurring, unconsolidated mineral or organic material, at the earth's surface that is at least 100 mm thick and capable of supporting plant growth, and includes material compacted or cemented by soil forming processes but does not include displaced materials such as gravel dumps, mine spoils, or like deposits.
The Commission heard there are pockets of soil located on the island. However, based on the evidence and testimony there is no contiguous area of natural in situ soil as defined in the Building Code.
ii) The proposed design including submitted drawings, did not contain sufficient detail to demonstrate that sufficiency of compliance with Sentences 8.1.1.2.(1), 8.2.1.2.(1) and Article 8.2.1.4. of Division B is achieved.
iii) Based on the evidence and testimony provided, the site evaluation and test holes dug on site were not sufficient to support the proposed design.
It should be noted that this ruling is specific to the facts of this dispute and property and the above reasons should not be interpreted as precedent setting statements.
Dated at the City of Toronto this 10th day in the month of August in the year 2024 for application number S-2023-05.
Judy Beauchamp, Chair Designate
Michael Gooch
Alexander Campbell