Skip to content
You are here > Home > Your Ministry > Ontario Building Code > Appeals & Approvals > Building Code Commission > Rulings of the Building Code Commission > 2015 > BCC Ruling No. 15-06-1395

Follow us

BCC Ruling No. 15-06-1395

Email this page

BCC Logo FR 

Ruling No.: 15-06-1395
Application No.: B 2014-33

 

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

AND IN THE MATTER OF an application by George Karamountzos of Obsidian Group Inc., for the resolution of a dispute with Jack Mamo, Chief Building Official for the Town of Ajax, to determine whether the existing water supply for firefighting provides sufficiency of compliance with the technical requirements of Sentence 3.2.5.7.(1) of Division B, of the Building Code, when considering the proposed renovations and change of use, at 60 Salem Road, Ajax (Town of Ajax), Ontario.

APPLICANT

George Karamountzos
Obsidian Group Inc.,
Mississauga, Ontario

RESPONDENT

Jack Mamo
Chief Building Official
Town of Ajax, Ontario

PANEL

Tony Chow, Chair
Doug Clancey
Mina Tesseris

PLACE

City of Toronto, Ontario

DATE OF HEARING

March 5, 2015

DATE OF RULING

March 5, 2015

APPEARANCES

Vincenzo Micciola
Obsidian Group Inc.,
Mississauga, Ontario

APPLICANT

Jon Winton
Leber / Rubes Inc.
Toronto, Ontario
Agent for the Applicant

Keith Doucette
Chief Fire Prevention Officer
Town of Ajax, Ontario
Designate for the Respondent

Steven McReelis
Deputy Chief Building Official
Town of Ajax, Ontario
Designate for the Respondent

Greg DeMan
Fire Prevention Inspector
Town of Ajax, Ontario
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the existing water supply for firefighting provided for a constructed shell building provides sufficiency of compliance with the technical requirements of Sentence 3.2.5.7.(1) of Division B, of the Building Code, when considering the proposed fit-up renovations and change of use, at 60 Salem Road, Ajax (Town of Ajax), Ontario.

2. Reasons

  1. The Commission heard that a permit was issued to construct the subject shell building in 2013 and that it was issued based on a building design conforming to Part 3 of the Building Code. The Commission also heard that permit drawings showed that the building could be subdivided into multiple suites and that the proposed uses would be Group E, mercantile major occupancies. The Commission notes that these occupancies can include restaurants, with each having an occupant load not more than 30 customers.
  2. Sentence 3.2.5.7.(1) of Division B, of the Building Code, requires that every building be provided with an adequate supply of water for firefighting. Furthermore, Sentence 3.2.5.7.(2) states that hydrants shall be located within 90 m horizontally from any portion of the building perimeter that is required to face a street in Subsection 3.2.2. The Commission heard that the 2013 permit drawings for the subject Part 3 building showed the location of the hydrant on the opposite side of the facing street and that the hydrant met the requirements of Sentence 3.2.5.7.(2).
  3. The Commission heard that the Applicant applied for a building and change of use permit in 2014 proposing fit-up renovations that would combine two of the planned suites into one Group A, Division 2, restaurant major occupancy with an occupant load of 54 customers. Furthermore, the Commission heard the proposed use will be a low hazard occupancy with no commercial cooking equipment.
  4. It is the opinion of the Commission that the objective and functional statements attributed to Article 3.2.5.7., which are to limit the probability that a building, or adjacent buildings will be exposed to unacceptable risk of damage caused by fire, or that persons in a building, or in an adjacent building will be exposed to an unacceptable risk of injury caused by fire, have been satisfied, in this case, because the source of the supply of water for firefighting is a municipal hydrant located within 90 m horizontally from any portion of the building perimeter that faces the street, and the proposed change of use is a low hazard occupancy that does not affect existing building’s occupant load.

Dated at the City of Toronto this 5th day in the month of March in the year 2015 for application number B 2014–33.

Tony Chow, Chair

Doug Clancey

Mina Tesseris