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BCC Ruling No. 97-20-562

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-20-562

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

AND IN THE MATTER OF Articles 3.3.5.6 and 3.1.8.4 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. Ron Rooney, Arthur Chrysler Plymouth Ltd., Arthur, Ontario, for the resolution of a dispute with Mr. Ron Steffler, Chief Building Official, Arthur, Ontario concerning whether 2 existing doors in a 19 year old building as part of an addition and renovation of a showroom provides sufficiency of compliance with the Building Code at Arthur Chrysler Plymouth Limited, 165 Catherine St., Arthur, Ontario.

APPLICANT

Mr. Ron Rooney
Arthur Chrysler Plymouth Ltd.
Arthur, Ontario

RESPONDENT
Mr. Ron Steffler
Chief Building Official
Village of Arthur

PANEL
Mr. Roy Philippe (Chair)
Mr. Rick Florio
Mr. Ross Thomson

PLACE
Toronto, Ontario

DATE OF RULING
Thursday, June 19th, 1997

APPEARANCES
Mr. Bert Coffey
B. C. Construction
Arthur, Ontario
For the Applicant

Mr. Ron Steffler
Chief Building Official
Village of Arthur

RULING

  1. The Applicant

Mr. Ron Rooney, Arthur Chrysler-Plymouth Ltd. was issued a building permit under the Building Code Act, 1992 to construct an addition by renovating Arthur Chrysler-Plymouth Ltd. at 165 Catherine Street, Arthur, Ontario.

  1. Description of Construction

Arthur Chrysler-Plymouth Ltd. is an automobile dealership with a showroom, offices and a repair garage occupying 11,363 sq. ft on one storey with a mezzanine. The addition will add 2,160 sq. ft. to the ground floor and 878 sq. ft. to the mezzanine level.

  1. Dispute

The dispute between the Applicant and Respondent concerns the sufficiency of compliance with the requirements of Articles 3.3.5.6. and 3.1.8.4. of the Building Code. At issue is whether the existing doors between the repair garage and the proposed addition provide a 2 hour fire separation.

  1. Provisions of the Building Code

Article 3.3.5.6. Repair Garage Separation

A repair garage or a repair garage and any ancillary spaces serving it, including waiting rooms, reception rooms, tool and parts storage areas and supervisory office space, shall be separated from other occupancies by a fire separation having a fire-resistance rating of not less than 2 h.

Article 3.1.8.4. Determination of Ratings

(1) Except as provided in Sentences (2) and 3.1.8.14.(2), where an opening in a fire separation is required to be protected with a closure having a fire-protection rating, the fire-protection rating shall be determined on the basis of the results of test conducted in conformance with the appropriate provisions in CAN4-S106-M, "Standard Method for Fire Tests of Window and Glass Block Assemblies", CAN4-S104-M, "Standard Method for Fire Tests of Door Assemblies", or CAN4-S112-M, "Standard Method of Fire Test of Fire Damper Assemblies".

(2) Except as provided in Article 3.1.8.10., the fire-protection rating of closures shall conform to Table 3.1.8.A. for the required grade of fire separation.

  1. Applicant's Position

The Applicant submitted that the existing 10 inch block wall between the repair garage and parts room and the proposed addition to be the 2 hour fire separation. The Respondent had requested that the two existing doors along this wall be replaced with fire rated doors that would provide 1 and 1/2 hours rating. There are two existing doors that are the subject of dispute. The first existing door is steel clad complete with closer. The second existing door is a lift up 3/4" plywood door. The Applicant submitted that these existing doors would be acceptable in terms of fire protection because the employees keep a tidy shop.

  1. Chief Building Official's Position

The renovated building area occupies 14,401 sq. ft. under a Group E mercantile and a Group F-2 repair garage which means Part 3 of the Building Code applies not Part 9. As such, Article 3.3.5.6. requires a fire separation having a fire resistance rating of not less than 2 hours between a repair garage and the ancillary uses serving it. Article 3.1.8.4.(2) and Table 3.1.8.A. requires a 1.5 hour fire protection rating of closures within the 2 hour fire separation. The existing doors are plywood and unrated steel clad which are deemed to be unacceptable closures in the fire separation.

  1. Commission Ruling

It is the decision of the Building Code Commission that the proposed construction provides sufficiency of compliance with the Building Code and Article 3.3.5.6. does not apply.

  1. Reasons:

i) The 10" block wall between the parts area and the repair garage was not subject to a material alteration.

ii) Article 2.1.1.7 of the Building Code specifies how the code applies to existing buildings and alterations.

Dated at Toronto this 19th day in the month of June in the year 1997 for application number 1997-21

Roy Philippe, Chair

Mr. Rick Florio

Mr. Ross Thomson