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BCC Ruling No. 15-02-1391

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Ruling No.: 15-02-1391
Application No.: B 2014-28

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 3.3.1.2.(3) of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Art Van Maren and VanMar Contractors, for the resolution of a dispute with John DeVries, Chief Building Official for the Town of Richmond Hill, to determine whether the proposal to install enclosed gas fireplaces in lobby areas of a multiple major occupancy, provides sufficiency of compliance with the technical requirements in Sentence 3.3.1.2.(3) of Division B, of the Building Code, when considering the definition of an access to exit in Article 1.4.1.2. of Division A, at 10415 Yonge Street, Richmond Hill, Ontario.

APPLICANT

Art Van Maren
VanMar Constructors Ontario Incorporated
City of Cambridge, Ontario

RESPONDENT

John DeVries
Chief Building Official
Town of Richmond Hill, Ontario

PANEL

Tony Chow, Chair
Alison Orr
Susan Friedrich

PLACE

City of Toronto, Ontario

DATE OF HEARING

January 22, 2015

DATE OF RULING

January 22, 2015

APPEARANCES

William Curran
TCA / Their + Curran Architects Inc.
City of Hamilton, Ontario
Agent for the Applicant

Mike Van Hemert
VanMar Constructors Ontario Incorporated
City of Cambridge, Ontario
Agent for the Applicant

Morris Lucchetta
Manager of Inspections
Town of Richmond Hill, Ontario
Designate for the Respondent

RULING

1.Commission Ruling

It is the decision of the Building Code Commission that the proposal to install enclosed gas fireplaces, labelled FP1 and FP2, in the Apartment Lobby and Youth Centre areas of a multiple major occupancy building, provides sufficiency of compliance with the technical requirements in Sentence 3.3.1.2.(3) of Division B, of the Building Code, when considering the definition of an access to exit in Article 1.4.1.2. of Division A, for the new youth centre and affordable apartments at 10415 Yonge Street, Richmond Hill, Ontario.

Further, it is the decision of the Commission that the proposal to install an enclosed gas fireplace, labelled FP3, in the Youth Transitional Housing area of a multiple major occupancy building, does not provide sufficiency of compliance with the technical requirements in Sentence 3.3.1.2.(3) of Division B, of the Building Code, when considering the definition of an access to exit in Article 1.4.1.2. of Division A, for the new youth centre and affordable apartments at 10415 Yonge Street, Richmond Hill, Ontario.

2. Reasons

  1. It is the opinion of the Commission that the subject enclosed gas fireplaces are fuel-fired appliances, notwithstanding the Applicant’s position that they are not designed to heat the spaces they serve. Sentence 3.3.1.2.(3) of Division B, of the Building Code, states that a fuel-fired appliance shall not be installed in a corridor (emphasis added) serving as an access to exit.
  2. The Commission heard that the gas supply to the fuel-fired appliances will shut off in the event of a fire-alarm and/or power outage.
  3. It is the opinion of the Commission that the proposed locations of the fuel-fired appliances labelled FP 1 and FP 2 are not within a defined corridor that serves as an access to exit.
  4. Further, it is the opinion of the Commission the proposed location of the fuel-fired appliance labelled FP 3 is within a corridor that is serving as an access to exit.

Dated at the City of Toronto this 22nd day in the month of January in the year 2015 for application number B 2014-28.

Tony Chow, Chair

Alison Orr

Susan Friedrich