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. 13-13-1341

Follow us

BCC Ruling No. 13-13-1341

Email this page

 BCC Logo 

Ruling No.: 13-13-1341
Application No.: B 2013-07

 

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 9.9.4.2. and 9.9.7.2. and Sentences 9.9.9.2.(1) ,9.9.9.3.(1) and 9.10.13.1.(1) of Division B of Regulation 350/06, as amended, (the “Building Code”).

AND IN THE MATTER OF an application by Angelo Maione, Maione Apartments, for the resolution of a dispute with Don Maki, Chief Building Official, to determine whether the proposed compensating measures offered in lieu of providing fire separations between exit stairways and public corridors and two means of egress from dwelling units in two 2 storey Group C major occupancy apartment buildings provides sufficiency of compliance with Articles 9.9.4.2. and 9.9.7.2. and Sentences 9.9.9.2.(1) ,9.9.9.3.(1) and 9.10.13.1.(1) of Division B of the Building Code at 110 Wilding & 109 Carful Avenues, Sault Ste. Marie, Ontario.

APPLICANT

Angelo Maione
Maione Apartments
Saulte St. Marie, Ontario

RESPONDENT

Don Maki
Chief Building Official
The Corporation of the City of Saulte St. Marie

PANEL

Tony Chow, Chair
Doug Clancey
Marina Huissoon

PLACE

City of Toronto, Ontario

DATE OF HEARING

May 16, 2013

DATE OF RULING

May 16, 2013

APPEARANCES

Angelo Maione
Maione Apartments
Saulte St. Marie, Ontario
Applicant

Andy Cairns
Cairns Engineering Inc.
Saulte St. Marie, Ontario
Agent for the Applicant

Don Maki
Chief Building Official
The Corporation of the City of Saulte St. Marie
Respondent

Freddie Pozzebon
Coordinator, Plans Examiner
The Corporation of the City of Saulte St. Marie
Designate for the Respondent

RULING

 

1. Commission Ruling

It is the decision of the Building Code Commission that the proposed compensating measures offered in lieu of providing fire separations between exit stairways and public corridors do not provide sufficiency of compliance with Sentences 9.9.4.2.(1) and 9.10.13.1.(1) of Division B of the Building Code and further, it is the decision of the Building Code Commission that the proposed second means of egress from dwelling units do not provide sufficiency of compliance with Sentences 9.9.7.2.(1), 9.9.9.2.(1) and 9.9.9.3.(1) for the two 2 storey Group C major occupancy apartment buildings at 110 Wilding & 109 Carful Avenues, the Corporation of the City of Sault Ste. Marie, Ontario.

2. Reasons

  1. Sentences 9.9.4.2.(1) and 9.10.13.1.(1) of Division B of the Building Code are provisions requiring fire separation of exits and protection of openings in these fire separations. It is the opinion of the Commission that while a fire alarm system does provide occupants with early warning to evacuate, it does not provide protection from fire and therefore is not a suitable compensating measure for these provisions.

  2. Sentences 9.9.7.2.(1), 9.9.9.2.(1) and 9.9.9.3.(1) of Division B of the Building Code are provisions to ensure safe exiting from dwelling units should one exit be inaccessible due to fire, a second and separate exit will be available for escape. The Commission found that the balconies proposed to provide a separate exit for first and second storey dwelling units and the windows proposed to provide a separate exit for basement storey dwelling units do not provide acceptable means of egress.

Dated at the City of Toronto this 16th day in the month of May in the year 2013 for application number B 2013-07.

Tony Chow, Chair

Doug Clancey

Marina Huissoon