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BRANCH OPINION

Existing retaining walls are not addressed in the Code since the Building Code is a construction document dealing with new construction. The exception to this rule would be, if the Building Official determines that the structure or building is unsafe.

For the Building Code to apply to newly constructed retaining walls certain conditions must exist:

- the retaining wall must exceed 1 m. in exposed height and be adjacent to;

(a) public property,

(b) access to a building, OR

(c) private property to which the public is admitted. [Sentence 2.1.2.1.(1)]

Similarly, the Building Code requires a guard at the open sides of a proposed retaining wall where that wall meets the conditions listed above and, in addition, where the public has access to open space at the top of the retaining wall.

In the example of a retaining wall which is 8'-0" high, and adjacent to a public sidewalk with the city lot line located behind the retaining wall, the answer to the question as to whether the Code applies to such a configuration lies in the application of Sentence 2.1.2.1.(1). Specifically, if the retaining wall is higher than 1 m. and is adjacent to public property a wall of this configuration would be a designated structure and would have to be designed in conformance with Part 4 of the Ontario Building Code. It follows, therefore, that a guard is required at the open sides at the top of the retaining wall if the public has access to open space at the top of the wall.

Another question may be, "Does public property have to comply with the Building Code?". We take this to mean,"Is the municipality required to comply with the requirements of the Ontario Building Code?" A municipality is not exempt from having to comply with the provisions of the Ontario Building Code.

Another situation may be the same conditions as above with the exception that the property line is now located at the exposed face of the wall. The answers to the questions as to the applicability of the Building Code and the requirement for a guard follow the same analysis as the previous scenario.

June 27, 1995