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BCC Ruling No. 13-35-1363

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Ruling No.: 13-35-1363
Application No.: B 2013-33

 

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 Article 1.3.1.2. of Division A, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Carl, David and Ben Loewith, Owners, Joe Loewith & Sons Ltd., for the resolution of a dispute with Ed VanderWindt, Chief Building Official, City of Hamilton, to determine whether the proposal to provide various mitigating measures, in lieu of vertical fire separations having a fire resistance rating of at least 1 hour, for a newly constructed, 1 storey, 5 493 m2 farm building, provides sufficiency of compliance with Article 3.1.1.2. of the 1995 National Farm Building Code, when considering Article 1.3.1.2. of Division A, of the Building Code, at 1399 Powerline Road, City of Hamilton, Ontario.

APPLICANT

Carl, David and Ben Loewith
Owners, Joe Loewith & Sons Ltd.
City of Hamilton (Lynden), Ontario

RESPONDENT

Ed VanderWindt
Chief Building Official
City of Hamilton, Ontario

PANEL

Tony Chow, Chair
Gerry Egberts
Yaman Uzumeri

PLACE

City of Toronto, Ontario

DATE OF HEARING

December 5, 2013

DATE OF RULING

December 5, 2013

APPEARANCES

Ben Loewith
Joe Loewith & Sons Ltd.
City of Hamilton (Lynden), Ontario
Applicant

Richard Smythe
Post Farm Structures Inc.
Alma, Ontario
Witness for the Applicant

Jasper Jonker
Post Farm Structures Inc.
Alma, Ontario
Witness for the Applicant

Dan Hutton
Post Farm Structures Inc.
Alma, Ontario
Witness for the Applicant

Harold House
Engineer, Dairy & Beef Housing & Equipment
Ontario Ministry of Agriculture and Food and Rural Affairs
Clinton, Ontario
Witness for the Applicant

Eric Wong
Building Official
City of Hamilton, Ontario
Designate for the Respondent

George Wong
Building Official
City of Hamilton, Ontario
Witness for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposal to provide various mitigating measures, in lieu of vertical fire separations having a fire resistance rating of at least 1 hour, for a newly constructed, 1 storey, 5 493 m2 farm building, provides sufficiency of compliance with Article 3.1.1.2. of the CCBFC, “National Farm Building Code of Canada”, when considering Article 1.3.1.2. of Division A, of the Building Code, at 1399 Powerline Road, City of Hamilton, Ontario, on condition that:

  1. The fire alarm system shall have provision for notifying the fire department.

  2. The fire stops in the two sets of attic spaces shall conform to the requirements of the CCBFC, “National Farm Building Code of Canada”.

 

2. Reasons

  1. Article 1.3.1.2. of Division A, of the Building Code, states that farm buildings are required to conform to the requirements in the CCBFC, “National Farm Building Code of Canada”, and that references in Article 3.1.1.2. of the CCBFC, “National Farm Building Code of Canada”, to the National Building Code of Canada are deemed to be references to Ontario Regulation 403/97 (Building Code) made under the Building Code Act, 1992.

  2. Article 3.1.1.2. of the CCBFC, “National Farm Building Code of Canada”, requires one storey farm buildings of low human occupancy that exceed 4 800 m2 in floor area to be separated into fire compartments by vertical fire separations, having a fire-resistance rating of at least 1 hour and no fire compartment can exceed 4 800 m2 and that it be separated from an occupancy conforming to Part 3 or Part 9 of the National Building Code 1995, including a farm building of other than low human occupancy, by a fire separation having a fire-resistance rating of at least 1 hour.

  3. The Parties agreed that the permit application is for a farm building of low occupancy and that the property is in a municipal High Response Time Area. The Commission heard that the Applicant does not want to include fire compartments in the design of the building because it would interfere in the operation of this livestock housing and it would have a negative effect on animal health and welfare. They also heard that the fire load will be low because no equipment will be stored in the subject building, the stall bedding (sand) is non-combustible and because the moisture content of the feed used is 50%.

  4. The Commission heard that Applicant has proposed mitigating measures in lieu of creating fire compartments in the design and construction of the subject farm building. The mitigating measures include concrete floors and steel posts, steel exterior cladding, low voltage LED lighting, electrical panels located in a room with 1 hour fire separations, electrical wiring will be enclosed in conduits to reduce corrosion, no heat source or furnace will be installed in the subject farm building, attic fire stops to include a 45 minute fire-resistance rating, all season fire truck access to the subject building will be maintained, installation of two 10 000 gallon cisterns with fire department hook ups to provide an adequate water supply for fire fighting, and that a thermo cable fire alarm system would be installed in the attic spaces.

Dated at the City of Toronto this 5th day in the month of December in the year 2013 for application number B 2013-33.

Tony Chow, Chair

Gerry Egberts

Yaman Uzumeri