Skip to content
You are here > Home > Your Ministry > Ontario Building Code > Appeals & Approvals > Building Code Commission > Rulings of the Building Code Commission > 2013 > BCC Ruling No. 13-34-1362

Follow us

BCC Ruling No. 13-34-1362

Email this page

 BCC Logo 

Ruling No.: 13-34-1362
Application No.: B 2013-28

 

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 Articles 9.10.13.1., 9.10.3.1., and 3.1.8.4 of Division B, of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Robert Barrette, Owner, City of Ottawa, for the resolution of a dispute with Arlene Grégoire, Chief Building Official, City of Ottawa, to determine whether the proposal to install a closure, conforming to CAN4 – S104 – M, “Fire Tests of Door Assemblies”, above a new opening in an exposing building face where the limiting distance to the adjacent property is less than 1.2 m (3 ft 11 in), provides sufficiency of compliance with Articles 9.10.13.1., 9.10.3.1., and 3.1.8.4 of Division B, of the Building Code, at 1442 Bortolotti Crescent, City of Ottawa, Ontario.

APPLICANT

Robert Barrette
Owner
City of Ottawa, Ontario

RESPONDENT

Arlene Grégoire
Chief Building Official
City of Ottawa, Ontario

PANEL

Tony Chow, Chair
Ed Link
Mina Tesseris

PLACE

City of Toronto, Ontario

DATE OF HEARING

November 7, 2013

DATE OF RULING

November 7, 2013

APPEARANCES

Robert Barrette
Owner
City of Ottawa, Ontario
Applicant

Douglas Durham
Manager
City of Ottawa, Ontario
Designate for the Respondent

RULING

1. Commission Ruling

It is the decision of the Building Code Commission that the proposal to install a closure, conforming to CAN4 – S104 – M, “Fire Tests of Door Assemblies”, above a new opening in an exposing building face where the limiting distance to the adjacent property is less than 1.2 m (3 ft 11 in), provides sufficiency of compliance with Articles 9.10.13.1., 9.10.3.1., and 3.1.8.4 of Division B, of the Building Code, at 1442 Bortolotti Crescent, Ottawa, Ontario.

2. Reasons

  1. Sentence 9.10.14.4.(2) of Division B, of the Building Code, requires openings in a wall having a limiting distance of less than 1.2 m (3 ft 11 in) to be protected by closures whose fire protection rating is in conformance with the fire – resistance rating required for the wall. The Commission heard that the Applicant applied for a permit to construct and install a bathroom window located in a new opening in an exposing building face where the limiting distance is less than 1.2 m (3 ft 11 in) to the property line and he is proposing to install a closure to protect this opening. It is the opinion of the Commission that the fire – protection rating of the closure should be comparable to the required fire – resistance rating of the exterior wall.

  2. Article 9.10.3.1 of Division B, of the Building Code, requires fire – protection ratings to be determined in conformance with the test methods described in Part 3, or in accordance with Supplementary Standard SB – 2 or SB – 3.

  3. Article 3.1.8.4. of Division B, of the Building Code, requires the fire – protection rating of closures to be determined on the basis of the results of tests conducted in conformance with the appropriate provisions in CAN4 – S104 – M, “Fire Tests of Door Assemblies”, CAN4 – S106 – M, “Fire Tests of Window and Glass Block Assemblies”, or CAN/ULC – S112 – M, “Fire Test of Fire – Damper Assemblies”. The Commission heard that the proposed closure has been tested in conformance to CAN4 – S104 – M, “Fire Tests of Door Assemblies”.

  4. The exterior wall is not a required fire separation but is required to have a fire – resistance rating of one hour rated for exposure to fire from inside the building, as per Article 9.10.3.3. Article 3.1.7.1. provides that the rating of a material, assembly of materials, or a structural member that is required to have a fire – resistance rating shall be determined on the basis of the results of tests conducted in conformance with CAN/ULC – S101; this applies to the exterior wall assembly but does not apply to the closure which provides a fire – protection rating.

Dated at the City of Toronto this 7th day in the month of November in the year 2013 for application number B 2013-28.

Tony Chow, Chair

Ed Link

Mina Tesseris