BUILDING CODE COMMISSION
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1 Ruling No Application # BUILDING CODE COMMISSION IN THE MATTER OF Subsection 24 (1) of the Building Code Act, AND IN THE MATTER OF Article of Regulation 403, as amended by O. Reg. 22/98, 102/98, 122/98, 152/99, 278/99, 593/99, 597/99 and 205/00 (the Ontario Building Code ). AND IN THE MATTER OF an application by Mr. Lyle Dayman, property owner, Forest, Ontario, for the resolution of a dispute with Mr. Bob Hexter, Chief Building Official, County of Lambton, Ontario, to determine whether the shallow (450 to 500 mm), insulated garage footings and foundations provide sufficiency of compliance with Article of the Ontario Building Code at R.R. # 2, 6494 Proof Line Road, Forest, Ontario. APPLICANT RESPONDENT Mr. Lyle Dayman, 6494 Proof Line Road Forest, Ontario Mr. Bob Hexter Chief Building Official County of Lambton PANEL PLACE Dr. Kenneth Peaker, Chair Mr. Michael Steele Mr. Donald Pratt Toronto, Ontario DATE OF HEARING July 19 th, 2001 DATE OF RULING July 19 th, 2001 APPEARANCES Mr. Bob Hexter Chief Building Official County of Lambton The Respondent
2 -2- RULING 1. The Applicant Mr. Lyle Dayman, property owner, Forest, Ontario, has applied for a building permit under the Building Code Act, 1992 and is in the process of constructing a detached garage at 6494 Proof Line Road, Forest, Ontario. 2. Description of Construction The Applicant is intending to construct a detached garage on his property. The garage would accommodate two vehicles and is proposed to be approximately 1, 008 ft 2 in building area and one storey in building height. This structure would be an unheated accessory building, of combustible construction, located on a property which also contains a residential dwelling having a Group C occupancy classification. The construction in dispute involves the as-installed shallow insulated footings that would support the proposed garage structure. The footings have been installed approximately 400 mm mm into the clay soil. They have been insulated with 304 mm (1 ft) of 25 mm (1 in) Styrofoam SM insulation applied vertically on the foundation wall below grade and 914 mm (3 ft) of 25 mm (1 in) Styrofoam SM insulation applied horizontally to form an L shape with the vertical applied SM. 3. Dispute The issue at dispute between the Applicant and Respondent is whether the shallow (450 to 500 mm), insulated garage footings and foundations provide sufficiency of compliance with Article of the Ontario Building Code. Sentence (1) states that, except as provided in Sentences (4) and (5), the minimum depth of foundations below finished ground level must conform with Table For foundations located in clay soil, the Table indicates that footings and foundation for spaces that are not heated must be 1.2 m (3 ft 11 in) in depth but not less than the depth of. However, Sentence (5) permits foundation depths to be decreased where experience with local soil conditions shows that lesser depths are satisfactory or where the foundation is designed for lesser depths. The Code provision in this regard would require this design to be carried out by a person qualified in the specific method applied and based on a subsurface investigation. As noted above, the footings and foundations subject to this dispute have a depth of only 400 mm mm but have been provided with some insulation. From the information provided however, and in the opinion of the respondent, it does not appear as though a specific design has been carried out by a person qualified in this field of work. According to the Technical Background Information report submitted in connection with this matter from the Housing Development and Building Branch of the Ministry of Municipal Affairs and Housing, E.I. Robinsky and K.E. Bespflug recommend that in unheated structures a continuous insulation mat be provided beneath the entire area of both floor and footings in addition to the required perimeter strip. In this instance, only insulation of the perimeter is being proposed.
3 -3-4. Provisions of the Ontario Building Code Article Minimum Depth of Foundations (1) Except as provided in Sentences (4) and (5), the minimum depth of foundations below finished ground level shall conform to Table (2) Where a foundation is insulated in a manner that will reduce the heat flow to the soil beneath the footings, the foundation depth shall conform to that required for foundations containing no heated space (See Appendix A.) (3) The minimum depth of foundations for exterior concrete steps with more than 2 risers shall conform to Sentences (1) to (5). (4) Concrete steps with 1 and 2 risers are permitted to be lain on ground level. (5) The foundation depths required in Sentence (1) are permitted to e decreased where experience with local soil conditions shows that lesser depth are satisfactory, or where foundation is designed for lesser depths. (6) The foundation depths required in Sentence (1) do not apply to foundations for building of other than masonry or masonry veneer construction (a) whose superstructure conforms with the deformation resistance test in CAN/CAS-Z , Structural Requirements for Mobile Homes, or (b) used as accessory buildings of not more than 1 storey in building height and not more than 50 m 2 (538 ft 2 ) in building area. Table Minimum Depths of Foundation Forming Part of Sentence (1) Type of Soil Foundation containing heated Basement or Crawl Space (1) Foundation Containing no Heated Space (2) Good Soil Drainage Poor Soil Drainage Good Soil Drainage (3) Poor Soil Drainage Rock No limit No limit No limit No limit Coarse grained soils No limit No limit No limit Below the depth of Silt No limit No limit Below the depth of Clay or soils not 1.2 m (3 ft 11 in) 1.2 m (3 ft 11 in) 1.2 m (3 ft 11 in) but clearly defined (4) not less than the depth of Below the depth of 1.2 m (3 ft 11 in) but not less than the depth of Column Notes to Table : (1) Foundation no insulated to reduce heat loss through the footings. (2) Including foundations containing heated space insulated to reduce heat loss through the footings. (3) To not less than the depth of. (4) See Appendix A. 5. Applicant s Position
4 -4- The Applicant did not attend the hearing and chose to rely on his written submission. His position was that the footings have been installed as suggested by Dow Chemical. In a memo to the Applicant from Dow, concerning insulated shallow foundations, the company outlined the requirements for Styrofoam SM insulation to provide frost protection. The advice in this memo was based on the information supplied to them by the Applicant. In addition, as an attachment to their memo, the Dow Chemical included several pages of specifications from their design manual. 6. Respondent s Position The Respondent submitted that soils in this region offer poor drainage and are susceptible to the penetration of frost. In relation to these site conditions, footings are required to be installed at a depth of 1.2 m. The Applicant s footings are significantly more shallow than what is required by the Building Code. In respect to the memo provided by Dow Chemical, the Respondent advised that Dow s recommendations were based upon the requirements for a heated structure. The Applicant s garage will be unheated. The requirements for insulating the shallow footings and foundation of an unheated structure far exceed what has been provided by the Applicant. He stated that he has received no documentation from a qualified individual to convince him that the as-installed footings would provide sufficient protection from. Such convincing documentation would be required to permit the footings to remain at a lesser depth than the standard OBC requirements. 7. Commission Ruling It is the decision of the Building Code Commission that the shallow insulated garage footings and foundation will provide sufficiency of compliance with Article of the Ontario Building Code at R.R. #2, 6494 Proof Line road, Forest, Ontario, on condition that: a) The Applicant obtain a stamped design from a professional geotechnical engineer and implement that design for the insulation installation. 8. Reasons i) The shallow footings and foundation will not be at significant risk from provided that the insulation installation meets the specifications designed and approved by a qualified professional.
5 Dated at Toronto this 19 th, day in the month of July, in the year 2001 for application number Dr. Kenneth Peaker, Chair Mr. Michael Steele Mr. Donald Pratt
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