Case Overview

• Issue: The City of Calgary appealed a Tribunal decision that varied an order against GTREI for non-compliance with the National Building Code – 2019 Alberta Edition (Code) due to their mobile racking system.

Procedural History

1. Inspection: August 26, 2021 - Safety codes officer noted issues with GTREI's mobile racking system.
2. Engineering Report: Concluded the racks needed fastening to meet seismic load requirements.
3. Order Issued: December 27, 2022 - Directed GTREI to comply with the engineer’s recommendations.
4. GTREI Appeal: Argued the racks were portable and not subject to the Code.

Tribunal Findings

• Determined the racks were portable and not within the Code's scope when not stacked.

Grounds of Appeal

1. Exemption from the Code: The City claimed the Tribunal erred by exempting the racking system from the Code.
2. Public Safety: Argued the Tribunal failed to address unsafe conditions as per the Safety Codes Act.

Court's Decision

• Standard of Review: Correctness.
• First Ground: Upheld Tribunal’s interpretation that portable racks are not subject to the Code’s seismic requirements unless connected to the building.
• Second Ground: Found section 49(1)(b) of the Act irrelevant to the appeal's specifics.

Conclusion

• Decision: Appeal dismissed, Tribunal’s order upheld.
• Implications: Clarified that portable racks not connected to a building structure are not subject to the Code’s seismic provisions, though safety concerns may fall under other legislation like the Occupational Health and Safety Act.
• No monetary award specified.