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 3.7.2.1.(1) of Regulation 332/12, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Aaron Ciancone, for the resolution of a dispute with Randy Bossence, Chief Building Official Township of Centre Wellington, to determine whether the proposed design to have dens with no windows and also dens with closets and no windows in the suites of a new 6 storey residential building, provides sufficiency of compliance with Sentence 3.7.2.1.(1) of Division B of the Building Code at 6523 Wellington Road 7, Elora, Ontario.

APPLICANT Aaron Ciancone Elora South Inc. Ancaster, Ontario

RESPONDENT Randy Bossence Chief Building Official, Township of Centre Wellington Elora, Ontario

PANEL Stephen Wong, Chair Les Muniak Michael Egberts

PLACE via video conference

DATE OF HEARING Thursday, March 23, 2023 & Thursday, March 30^th, 2023

DATE OF RULING Thursday, March 30, 2023

APPEARANCES Aaron Ciancone Elora South Inc. Ancaster, Ontario The Applicant

Glenn Somerton Senior Code Specialist Morison Hershfield Toronto, Ontario Agent for the Applicant

Trisha Ashworth Senior Code Specialist Morison Hershfield Toronto, Ontario Agent for the Applicant

Vusal Ibrahimli Code Consultant Morison Hershfield Toronto, Ontario Agent for the Applicant

Mackenzie Meek Project Manager, Pearle Hospitality Ancaster, Ontario Agent for the Applicant

David Timlock Construction Manager Pearle Developments Elora, Ontario Agent for the Applicant

Sally Stuart Project Coordinator Pearle Developments Elora, Ontario Agent for the Applicant

Randy Bossence Chief Building Official City of Wellington, Ontario The Respondent

Brent Green Building Official City of Wellington, Ontario Designate for the Respondent

Stacey Pennington Building Official City of Wellington, 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 construct a new 6 storey residential building at 6523 Wellington Road 7, Elora, Ontario.

The subject building is a 6-storey residential building with a one-level below grade parking garage. The building contains a total of 136 dwelling units with some of the dwelling units containing dens. The dens in some of the dwelling units contain a built-in closet.

The building is of noncombustble construction and is equipped with a fire alarm system and a standpipe and hose system. The building is also equipped with an automatic sprinkler system.

The construction in dispute involves the requirement for principal rooms in dwelling units to be provided with windows with unobstructed glass area.

More specifically, the dispute before the Commission is to determine whether the proposed design to have dens with no windows and also dens with closets and no windows, in the suites of a new 6 storey residential building, provides sufficiency of compliance with Sentence 3.7.2.1.(1) of Division B of the Building Code at 6523 Wellington Road 7, Elora, Ontario.

Upon receiving legal advice, the Commission adjourned the hearing on March 23, 2023, to March 30, 2023, to provide the Applicant time to submit revised building permit drawings to the municipality, to establish a formal dispute that the Commission would have jurisdiction to hear as per s. 24(1) of the Building Code Act.

2. Provisions of the Building Code in Dispute

Article 3.7.2.1. Window Areas

(1) Except as provided in Sentences (2) and (3) or otherwise permitted, every room used for sleeping in any building, and every principal room such as living room, dining room or combination of them in dwelling units shall be provided with windows having areas conforming to Part 9, except that Article 9.9.10.1. does not apply. (See Appendix A.)

Appendix Note A-3.7.2.1. Window Area Limits

Part 9 requirements for windows cover a number of subjects, however, this Article refers only to the window area limits.

Article 9.7.2.3. Minimum Window Areas

(1) Except as required in Article 9.9.10.1. and Sentence (3), the minimum window glass area for rooms in buildings of residential occupancy or rooms that are used for sleeping shall conform to Table 9.7.2.3.

(2) The unobstructed glass area of a door or skylight is considered equivalent to that of a window.

(4) Where rooms with different requirements for window glass area are combined as described in Sentence 9.5.1.4.(1), the more restrictive requirement shall govern.

3. Applicant’s Position

The Agent for the Applicant (the “Agent") submitted that a den is not a principle room and therefore, is not subject to the minimum window area requirements of the Building Code.

The Agent explained that there is no definition of a “principal room” in the Building Code and that the definition for dwelling unit is “a suite operated as a housekeeping unit, used or intended to be used by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities”. The Agent reasoned that the uses identified in the definition for dwelling unit indicate the required primary uses, and, as den is not listed, it would not be considered a primary use. In the submitted plans, the Agent identified the required principal rooms in each unit which has a

Ciancone v. Bossence, 2023 ONBCC 3

Case Summary

BUILDING CODE COMMISSION

RULING

1. Particulars of Dispute

2. Provisions of the Building Code in Dispute

3. Applicant’s Position