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BCC Ruling No. 14-06-1369

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Ruling No.: 14-06-1369
Application No.: B 2013-39

 

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 Articles 9.10.1.3. and 3.2.5.13. of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Frank Cortese, Cortes Design Inc., for the resolution of a dispute with Bruce Poole, Chief Building Official for the City of Guelph, to determine whether the sprinkler system, which has been designed to the requirements of NFPA 13D, serving individual units of a fourteen block townhouse complex provide sufficiency of compliance with Articles 9.10.1.3. and 3.2.5.13. of Division B, of the Building Code, at 1671 Gordon Street, City of Guelph, Ontario.

APPLICANT

Frank Cortese
Cortese Design Inc.
Toronto, Ontario

RESPONDENT

Bruce Poole
Cortese Design Inc.
City of Guelph, Ontario

PANEL

Tony Chow, Chair
Doug Clancey
Ed Link

PLACE

City of Toronto, Ontario

DATE OF HEARING

March 6, 2014

DATE OF RULING

March 6, 2014

APPEARANCES

Frank Cortese
Cortese Design Inc.
Toronto, Ontario
Applicant

Michele Farley
FCS Fire Consulting Services
Innisfil, Ontario
Agent for the Applicant

Trisha Ashworth
FCS Fire Consulting Services
Innisfil, Ontario
Agent for the Applicant

Doug Hubbert
FCS Fire Consulting Services
Innisfil, Ontario
Agent for the Applicant

Jeremy Laur
Program Manager of Permit Services
City of Guelph, Ontario
Designate for the Respondent

Daewon Lee
Plans Examiner III
City of Guelph, Ontario
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the installed sprinkler systems, serving individual units in a townhouse complex, will provide sufficiency of compliance with Articles 9.10.1.3. and 3.2.5.13 of Division B, of the Building Code, at 1671 Gordon Street, City of Guelph, Ontario, on condition that:

  1. each sprinkler system serving an individual unit has been designed and installed in accordance with NFPA 13D (2007 Edition), and

  2. that each garage serving an individual unit will also be sprinklered.

 

2. Reasons

  1. Article 9.10.1.3. of Division B, of the Building Code says, in part, where sprinkler systems are installed, they shall be installed in conformance with Part 3 of Division B. Article 3.2.5.13 contains the technical requirements for automatic sprinkler systems and there are three standards for residential occupancies. Except where permitted, NFPA 13 (2007 Edition) is the standard for all buildings. NFPA 13D (2007 Edition) is the standard for residential buildings with one or two dwelling units and NFPA 13R (2007 Edition) is the standard for other residential buildings up to 4 storeys. The NFPA 13R standard provides relief from many requirements of NFPA 13. The NFPA 13D standard provides further relief from both NFPA 13 and 13R and this includes relief from the requirement for garages to be sprinklered.

  2. The Commission heard that the Building Code does not require the subject townhouse complex or dwelling units to be sprinklered and that the voluntary installation of sprinkler systems was completed without obtaining a permit. The Commission also heard the Respondent is of the belief that the townhouse complex would have required a sprinkler system designed and installed in conform to the NFPA 13R (2007 Edition) standard because each of the four buildings contains more than two dwelling units.

  3. The Commission heard that the 2010 edition of NFPA 13D would also apply to townhouse structures where the dwelling units are separated with fire resistance rated assemblies in accordance with local building codes. The Commission also heard that the fire separation between one storey dwelling units in each subject building were constructed as 1 hour fire-resistance rated assemblies that continue through the attic and to the roof and that this fire-resistance rating is greater than 45 minute minimum fire-resistance rating required by the Building Code in these instances.

  4. It is the opinion of the Commission that individual dwelling unit sprinkler systems, which are designed and installed in conformance to NFPD 13D (2007 Edition), would be an acceptable solution in this situation, if the systems also included sprinklered garages.

Dated at the City of Toronto this 6th day in the month of March in the year 2014 for application number B 2013-39.

Tony Chow, Chair

Doug Clancey

Ed Link