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BCC Ruling No. 97-58-600

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-58-600

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

AND IN THE MATTER OF Sentence 3.2.5.8.(2) of "the Building Code" (Ontario Regulation 419/89 as amended by Ont. Reg. 183/88, 581/88, 11/89 and 115/89).

AND IN THE MATTER OF an application by Ms. Elizabeth Sawicki, Manager of Development, NHD Developments Ltd., 3700 Steeles Avenue West, Vaughan, Ontario, for the resolution of a dispute with Mr. Mani Navabi, Chief Building Official, City of Vaughan, Ontario, concerning whether an additional fire hydrant is to be installed to comply with Sentence 3.2.5.8(2) of the Ontario Building Code at Concord Confections, 345 Courtland Avenue, Vaughan, Ontario.

APPLICANT

Ms. Elizabeth Sawicki, Manager of Development
NHD Developments Ltd.,
3700 Steeles Avenue West
Vaughan, Ontario,

RESPONDENT

Mr. Mani Navabi
Chief Building Official
City of Vaughan

PANEL

Mr. Rick Florio (Chair)
Ms. Lesia Beznaczuk
Mr. Lawrence Glazer

PLACE

Toronto, Ontario

DATE OF RULING

Thursday, December 11th, 1997

APPEARANCES

Ms. Elizabeth Sawicki
Manager of Development
NHD Developments Ltd.,
3700 Steeles Avenue West
The Applicant

David Hine
Fire Protection Engineer
Hine Reichard Tomlin Inc.
Richmond Hill, Ontario
Agent for the Applicant

Mr. Steve Penna
Chief Building Official
City of Vaughan
Agent for the Respondent

RULING

  1. The Applicant

Ms. Elizabeth Sawicki, NHD Developments Ltd. was issued a building permit under the Building Code Act, 1992 to construct Concord Confections, at 345 Courtland Avenue, Vaughan, Ontario.

  1. Description of Construction

The structure is a single-storey industrial building with a building area of 12,156 square metres, of non-combustible construction with a sprinkler system and fire alarm. Article 3.2.2.54 of the Ontario Building Code requires the building to face one street and to be constructed of non-combustible materials and mezzanines having a 1 hour fire resistance rating. The roof rating is waived since the building is protected with an electronically supervised sprinkler system.

The north wall which is 100 m, is provided with 3 doors and a wall of glass 43 m wide. The building site is provided with one fire hydrant at the north east corner of the building. As part of the City of Vaughan's plan review, an additional fire hydrant was required at the north west corner of the site. The City requires the entire north elevation to have access openings within 3-15 metres of the street in order to be accessible for fire route requirements under Articles 3.2.5.6 and 3.2.5.7 of the Building Code. Forty-five per cent of the building perimeter is within 3-15 metres of a fire department access route.

  1. Dispute

The dispute between the Applicant and Respondent is whether an additional fire hydrant is to be installed at the north west corner of the site to comply with Sentence 3.2.5.8.(2) of the Ontario Building Code.

  1. Provisions of the Building Code

3.2.5.8. Water Supply

(2) Hydrants shall be located within 90 m (295 ft 3 in) horizontally of any portion of a building required to face a street in Subsection 3.2.2.

  1. Applicant's Position

The Applicant considers that the proposed building configuration as submitted to the City of Vaughan be considered as providing sufficiency of compliance with the requirements of the City of Vaughan. Since a significant portion of the north and east elevation of the building is within 15 m of a street (45% of the entire building perimeter), it can be considered as facing one street for purposes of fire department access.

The access openings are waived for sprinklered buildings under Article 3.2.5.3 of the Building Code. However, Concord Confections which is sprinklered, does have 3 doors on the north wall.

  1. Chief Building Official's Position

The building faces one street with its principal entrance facing the required fire route. An additional hydrant is required at the end of the fire route or the existing private hydrant could be relocated so as to be within 90 m of the end of the building to comply with Sentence 3.2.5.8.(2).

  1. Commission Ruling

It is the decision of the Building Code Commission that the proposed building faces one street and provides sufficiency of compliance with Sentence 3.2.5.8.(2) of the Building Code.

Conditions:

i) The existing paved road on the east side of the building be designated as a fire route, including the required turn-around at the south end.

ii) Any proposed additions as noted on the plans must comply with Code requirements.

  1. Reasons

a) The principal entrance is located within 90 m of the hydrant.

b) The building is fully sprinklered, and therefore does not require any additional access openings.

c) The paved area along part of the east side complies with the requirements for an access route.

Dated at Toronto this 11th day in the month of December in the year 1997 for application number 1997-70.

Mr. Rick Florio, Chair

Ms. Lesia Beznaczuk

Mr. Lawrence Glazer