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  • #9032
    yp

       

      One of the residents have brought up the issue that the building’s kitchen ventilation system may not be ‘up to code’. This person claims that as a result of this they can smell a lot of the cooking from the next unit.

       

      We are a small (10-unit) strata complex with very low turnover. The buildings are ~25 years old but in overall good shape. The neighbour relationships are generally good and executive committee mostly runs as people take turns over the years.

       

      1) Whose responsibility is it when a claim is made that a building or of of the units may not be up to code? Does Owners Corporation have to spend the money to get it checked every time a claim is made or is there a level of proof/indication we can ask for before spending the money on ‘experts’? We have already had some modifications done on the other unit to lessen impact, but it seems like the modifications were not sufficient.

       

      2) If the responsibility falls on the owner making the claim, would they be able to claim their expenses back from Owners Corporation is the claim proves to be true? How about the inconvenience to another unit that would need to get inspected?

       

      3) If the claim is accurate and the building needs to be fixed to be ‘according to code’, how much time do we have? Do we have to commit to getting all 10 units fixed right away?

       

      Thank you for you advice,

       

      Y

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    • #19449
      scotlandx
      Strataguru

        My understanding, based on discussions with structural engineers and consultants in relation to compliance with the Building Code is as follows.

        You are not under an obligation to actively bring a building, or part of a building up to code.  For example, you may have a building that was built in 1930 or 1970 in accordance with the Building Code that applied at the time.  The Building Code changes all the time, you can’t expect buildings to comply with every single aspect of something that keeps changing.  

        However if you do work on a building, or make improvements or alterations to it, then anything related to that work has to comply with the Building Code, to the extent that that is possible.  If something reaches the end of its life and has to be replaced then it has to be replaced with something that complies with the Code. 

        In your case the fact that someone can smell a lot of cooking coming from another unit doesn’t mean that the ventilation is not up to code.  It may mean that the occupant of the unit cooks very smelly things, or that they don’t turn the fan on, or that the person complaining is very sensitive to smell.  It may also mean that the fan is not working as well as it should.

        The BCA standard for kitchen ventilation is:

        a fan capable of a minimum extraction capacity of 50 litres per second when installed

        (emphasis added)

        The fan may have that extraction capacity, perhaps it could be checked. One thing I would ask the complainant is how they are so sure that the fan is not up to code, because the fact that they can smell something does not mean that the fan doesn’t meet the standard.  I certainly don’t think that it is up to the OC to investigate every single thing like that, perhaps a good start would be talking to the occupants of the unit about what they are cooking and whether they are actually using the fan?

        The residual question is whether the fan is the responsibility of the OC.  In our scheme the owners have all changed their fans over time and they are responsible for them.

         

         

        #19451
        Austman
        Flatchatter

          For range hoods, my understanding of even the current building code is:

          • They are not compulsory.
          • They can be recirculating (use of a carbon filter is then recommended).
          • If ducted externally, the duct cannot be shared with bathrooms/laundry/powder room ducts.
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