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BCC Ruling No. 97-55-597

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-55-597

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

AND IN THE MATTER OF Sentence 3.1.8.11.(5) 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 Mr. Duncan McGill, Director of Engineering, 1230 Northshore Boulevard East, Burlington, Ontario, for the resolution of a dispute with Mr. Daniel B. Mousseau, Chief Building Official, City of Burlington, Ontario, concerning self closing devices are required between the corridors and sleeping rooms in accordance with Sentence 3.1.8.11.(5) of the Ontario Building Code at the Joseph Brant Memorial Hospital, 1230 Northshore Boulevard East, Burlington, Ontario.

APPLICANT

Mr. Duncan McGill, Director of Engineering
1230 Northshore Boulevard East
Burlington, Ontario

RESPONDENT

Mr. Daniel B. Mousseau
Chief Building Official
City of Burlington

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

Thursday, December 11th, 1997

APPEARANCES

Mr.Duncan McGill
Director of Engineering
1230 Northshore Blvd East
Burlington, Ontario

The Applicant

Mr. Trevor Garwood-Jones
Trevor P. Garwood-Jones Architect
Hamilton, Ontario
Agent for the Applicant

Mr. Daniel B. Mousseau
Chief Building Official
City of Burlington
The Respondent

RULING

  1. The Applicant

Mr. Duncan McGill was issued a building permit under the Building Code Act, 1992 to undertake renovations at Joseph Brant Memorial Hospital, 1230 Northshore Boulevard East in Burlington, Ontario.

  1. Description of Construction

Joseph Brant Memorial Hospital is a 6 storey building that is partially sprinklered (30%). It is being renovated for long term care including addition of sprinklers as areas are renovated. The 4th floor which is the subject of dispute is presently sprinklered.

  1. Dispute

The dispute concerns renovations to the south and east wings of the 4th floor and whether self-closing devices are required between the corridors and sleeping rooms in accordance with Sentence 3.1.8.11. (5). of the Ontario Building Code.

  1. Provisions of the Building Code

3.1.8.11. Self-Closing Devices

(5) Self-Closing devices need not be provided on doors that are located between sleeping rooms or a corridor and adjacent sleeping rooms where the doors are within a fire-compartment described in Sentence 3.3.3.7.(2).

3.3.3.7. Sprinklered Hospitals and Nursing Homes

(2) Except as provided in Sentence (3), floor areas containing patients' sleeping rooms in hospitals and nursing homes shall be divided into not less than 2 fire compartments not more than 1,000 m2 (10,800 ft2) in area.

  1. Applicant's Position

The Applicant seeks Code exemption for suite door closers under Sentence 3.1.8.11.(5) of the Ontario Building Code. The Applicant interprets the exemption for floor areas divided into not less than 2 fire compartments not more than 1000 square metres in area. This project has been designed with three individual fire compartments of 728,500 and 536 square metres each, with 1-hour fire resistance rated separations between compartments, meeting the requirements of Sentence 3.1.8.11.(5). The exemption is not conditional on sprinklers, however , the project is sprinklered, in conformance with NFPA Standards as designed by the mechanical consultant.

  1. Chief Building Official's Position

The Respondent's position is that the exemption for self-closing devices only applies to areas described under Sentence 3.3.3.7(2) of the Code which is for fully sprinklered buildings only. The building is only 30% sprinklered.

  1. Commission Ruling

It is the decision of the Building Code Commission that not providing self-closing devices on fourth floor sleeping room doors provides sufficiency of compliance with Sentence 3.1.8.11.(5) of the Building Code provided that the entire fourth floor is fully sprinklered within 90 days from January 1, 1998.

  1. Reasons

i) The level of safety intended by Sentences 3.1.8.11.(5) and 3.3.3.7.(2) will be provided.

Dated at Toronto this 11th day in the month of December in the year 1997 for application number 1997-63.

Mr. Rick Florio, Chair

Ms. Lesia Beznaczuk

Mr. Lawrence Glazer