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BCC Ruling No. 15-08-1397

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Ruling No.: 15-08-1397
Application No.: B 2015-02

 

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 Sentences 3.2.9.3.(1), 3.2.9.4.(1), 3.2.9.4.(2), 3.2.9.4.(3), 3.2.9.4.(4), 3.2.9.4.(5), 3.2.9.4.(6), 3.2.9.4.(7), and 3.4.4.4.(6) of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF
an application by John Pennachetti of Torview Properties Inc., for the resolution of a dispute with John DeVries, Chief Building Official for the Town of Richmond Hill, to determine whether the proposal to design the standpipe and hose system, to the provisions of the 2010 edition of the National Building Code of Canada, provides sufficiency of compliance with the technical requirements of Sentences 3.2.9.3.(1), 3.2.9.4.(1), 3.2.9.4.(2), 3.2.9.4.(3), 3.2.9.4.(4), 3.2.9.4.(5), 3.2.9.4.(6), 3.2.9.4.(7), and 3.4.4.4.(6) of Division B, of the Building Code, at 9471 Yonge Street, Richmond Hill (Town of Richmond Hill), Ontario.

APPLICANT

John Pennachetti
Torview Properties Inc.
City of Vaughn, Ontario

RESPONDENT

John DeVries
Chief Building Official
Town of Richmond Hill, Ontario

PANEL

Ed Link, Chair-Designate
Gerry Egberts
Yaman Uzumeri 

PLACE

City of Toronto, Ontario

DATE OF HEARING

March 19, 2015

DATE OF RULING

March 19, 2015 

APPEARANCES

John Pennachetti
Torview Properties Inc.
City of Vaughn
Applicant

Ivan Rak
Dominus Construction
City of Vaughn, Ontario
Agent for the Applicant

Donald Casey
Randal Brown & Associates Engineering Ltd.
City of Toronto, Ontario
Agent for the Applicant

Randal Brown
Randal Brown & Associates Engineering Ltd.
City of Toronto, Ontario
Agent for the Applicant

Michael Janotta
Manager, Plan Review
Town of Richmond Hill, Ontario
Designate for the Respondent

Paul Gawlik
Chief of Training
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 design the standpipe and hose system, to the provisions of the 2010 edition of the National Building Code of Canada, does not provide sufficiency of compliance with the technical requirements of Sentences 3.2.9.3.(1), 3.2.9.4.(1), 3.2.9.4.(2), 3.2.9.4.(3), 3.2.9.4.(4), 3.2.9.4.(5), 3.2.9.4.(6), 3.2.9.4.(7), and 3.4.4.4.(6) of Division B, of the Building Code, at 9471 Yonge Street, Richmond Hill (Town of Richmond Hill), Ontario.

2. Reasons

  1. The Applicant agrees that a standpipe system is required in this building and this was illustrated in the design drawings submitted to the municipality to obtain a permit. Furthermore, the Applicant did not indicate that the provision of a standpipe system constructed in accordance with the provisions of the Building Code created a hardship.
  2. The Applicant’s proposal to redesign the standpipe system in accordance with the provisions of the 2010 edition of the National Building Code of Canada would have required the Town of Richmond Hill Fire & Emergency Services to alter its methodology of fighting a fire in this building and to retrain its first responders.
  3. The Commission agreed with the Respondent that the proposed change would increase the likelihood of smoke entering the stairwell in the event of a fire and that this would place occupants evacuating the building at greater risk.
  4. The Commission heard that the proposed design of the standpipe system includes, as a compensating measure, the voluntary installation of a fire pump connected to an emergency power source to reduce the risk that an adequate water supply was not available for firefighting. The Commission was of the opinion that this compensating measure would not be sufficient to offset the additional risks associated with the potential blocking of the stairwell by fire hoses and potential of smoke penetrating the stairwell in the event of a fire.
     

 

Dated at the City of Toronto this 19th day in the month of March in the year 2015 for application number B 2015-02.

Ed Link, Chair-Designate

Gerry Egberts

Yaman Uzume