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BCC Ruling No. 14-14-1377

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Ruling No.: 14-14-1377
Application No.: B 2014–13

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

AND IN THE MATTER OF an application by Melanie Clement, The TDL Group & Tim Hortons USA, for the resolution of a dispute with Geoff Aitken, Chief Building Official, to determine whether the proposal to extend an existing Group A, Division 2, occupancy building, without providing an on-site water supply for fire fighting would provide sufficiency of compliance with the technical requirements of Article 3.2.5.7. of Division B, of the Building Code, for the Tim Hortons Restaurant & Drive Thru (#3868) located at Pt. Lot 14, Concession 3, 534 HWY 11/17, Nipigon (Township of Nipigon), Ontario.

APPLICANT

Melanie Clement, Manager
The TDL Group & Tim Hortons USA
Town of Oakville, Ontario

RESPONDENT

Geoff Aitken
Chief Building Official
Township of Nipigon, Ontario

PANEL

Tony Chow, Chair
Gary Burtch
Doug Clancey

PLACE

City of Toronto, Ontario

DATE OF HEARING

June 19, 2014

DATE OF RULING

June 19, 2014

APPEARANCES

Mark McCloskey, Vice President
D.C. McCloskey Engineering Ltd.
City of Windsor, Ontario
Agent for the Applicant

Geoff Aitken
Chief Building Official
Township of Nipigon, Ontario
Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the proposal to extend an existing Group A, Division 2, occupancy building, without providing an on-site water supply for fire fighting provides sufficiency of compliance with the technical requirements of Article 3.2.5.7. of Division B, of the Building Code, for the Tim Hortons Restaurant & Drive Thru (#3868) located at Pt. Lot 14, Concession 3, 534 HWY 11/17, Nipigon (Township of Nipigon), Ontario.

2. Reasons

  1. Sentence 3.2.5.7.(1) of Division B, of the Building Code, requires that an adequate water supply for fire fighting shall be provided for every building. Although the Building Code does not provide further detail as to what an adequate water supply means, the Commission heard that the Parties could consider using the additional information provided in Appendix A-3.2.5.7 of the Building Code to determine what may be adequate. This information also suggests that some buildings could be exempted, under certain conditions, from providing an on-site water supply for fire fighting.

  2. The Commission heard that a fire department station and a municipal water supply are both located within 2 km of the building site and that, according to the Chief Building Official, the fire department can respond with a transportable water supply.

  3. The Commission heard that the proposed extension of the existing building would result in a building area that exceeds the 200 m2 limit condition for not having to provide an on-site water supply for fire fighting, noted in Appendix A-3.2.5.7.. However, they also heard the proposed extension has an area of only 34 m2 and that the extension will not significantly increase the occupant load or fire load of the existing building.  

    It is the opinion of the Commission that there will be limited additional hazard to the building caused by the proposal to extend the existing building.

Dated at the City of Toronto this 19th day in the month of June in the year 2014 for application number  
B 2014-13 .

Tony Chow, Chair

Gary Burtch

Doug Clancey