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BCC Ruling No. 98-34-639

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BUILDING CODE COMMISSION DECISION ON B.C.C. #98-34-639

IN THE MATTER OF Subsection 24 (1) of the Building Code Act, 1992.

AND IN THE MATTER OF Clause 3.4.3.1.(2)(e) of Regulation 61, as amended by O.Reg.400/91, 158/93, 160/93, 383/94, 20/95 and 395/96 (the "Ontario Building Code").

AND IN THE MATTER OF an application by Mr. Peter Gass, President, BPF Holdings Ltd., 1193 Fisher Street, North Bay, Ontario for the resolution of a dispute with Mr. Brian Horsman, Chief Building Official, City of North Bay, Ontario to determine whether the four subject exit doors at widths ranging from 746 mm (2 ft, 5 « in) to 760 mm (2 ft, 6 in) provides sufficiency of compliance with Clause 3.4.3.1.(2)(e) of the Ontario Building Code at Miss Jersey's Dairy, c/o BPF Holdings, 1193 Fisher Street, North Bay, Ontario.

APPLICANT

Mr. Peter Gass, President,
BPF Holdings Ltd.,
1193 Fisher Street
North Bay, Ontario

RESPONDENT

Mr. Brian Horsman
Chief Building Official
City of North Bay

PANEL

Mr. Roy Philippe (Chair)
Ms. Susan Friedrich
Mr. Michael Lio

PLACE

Toronto, Ontario

DATE OF HEARING

August 26, 1998

DATE OF RULING

August 26, 1998

APPEARANCES

Mr. Peter Gass
The Applicant

Mr. Brian Horsman
The Respondent

RULING

  1. The Applicant

Mr. Peter Gass, President, BPF Holdings Ltd., property owner, has received a final inspection report to alter the exit doors to conform to the original application for a building permit under the Building Code Act, 1992 to construct a new two storey micro dairy facility at Miss Jersey's Dairy, c/o BPF Holdings, 1193 Fisher Street, North Bay, Ontario.

  1. Description of Construction

The Applicant has recently completed construction of a two storey plus basement micro dairy facility with a building area of 4,800 sq. ft. of F3 major occupancy and subsidiary retail outlet. The building is of primarily non-combustible construction. A fire alarm system or standpipe and house system were not required.

The permit drawings approved by the City of North Bay indicated that the exit doors numbers 112, 115, 117 and 119 were to be 900 mm (3 ft.).

During the final inspection it was discovered that two exit doors from the basement and two exit doors from the second story were installed that are less than 2 ft. 7 in (790mm) in width (three doors 2 ft. 5 « in. and one door 2 ft. 6 in. in width) contrary to the minimum requirements of the Building Code.

The basement has an occupant load of 5 persons and contains storage and a mechanical room. The second floor level also has an occupant load of 5 persons and contains storage, a milk testing laboratory, washrooms and a staff room.

  1. Dispute

The issue at dispute between the Applicant and Respondent is whether the four subject exit doors at widths ranging from 746 mm (2 ft, 5 « in) to 760 mm (2 ft, 6 in) provides sufficiency of compliance with Clause 3.4.3.1.(2)(e) of the 1990 Ontario Building Code.

  1. Provisions of the 1990 Ontario Building Code

Clause 3.4.3.1.(.2)(e) Exit Width

(2)The required width of an exit shall be not less than

(e)790 mm (2 ft. 7 in.) for doorways not serving patients.

  1. Applicant's Position

The Applicant submitted that the exit doors meet sufficiency of compliance with the requirements of the 1990 Ontario Building Code because of the minimal occupant load of the floor areas served.

The basement has an occupant load of 5 persons and contains storage and a mechanical room. The second floor level also has an occupant load of 5 persons and contains storage, a milk testing laboratory, washrooms and a staff room.

The exit doors in dispute were originally specified to be 3 ft. (900mm) in width but were not constructed as shown in the plans.

  1. Chief Building Official's Position

The Respondent submitted that the architect's door schedule shown on drawing number A11 indicates that exit door numbers 112, 115, 117 and 119 shown on drawing number A3 are to be 3 ft. (900mm.) in width which complies with the 1990 Ontario Building Code.

The Chief Building Official was notified by the architect that the exit doors were not constructed in accordance with the plans and asked if the doors could be accepted as installed.

The Chief Building Official told the applicant that the doors could not be accepted as installed because they to not conform to the requirements of the 1990 Ontario Building Code.

  1. Commission Ruling

It is the decision of the Building Code Commission that exit doors from the building as constructed provide sufficiency of compliance with Clause 3.4.3.1.(2)(e) of the Building Code provided that a fire alarm system conforming to Section 3.2.4. is installed throughout the building.

  1. Reasons

I)An early warning system is provided to alert occupants of a fire condition.

ii)The occupant load of the basement and 2nd floor is low (approx. 5 persons/floor).

iii)The building is primarily of non-combustible construction.

iv)It is the opinion of the Building Code Commission that the current building use provides an adequate level of safety.

Dated at Toronto this 26th day in the month of August in the year 1998 for application number 1998-42.

Mr. Roy Philippe, Chair

Mr. Michael Lio

Ms. Susan Friedrich