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BCC Ruling No. 97-04-546

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-04-546

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

AND IN THE MATTER OF Article 2.1.3.1. and Subsection 3.1.10 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. Michael Schuster, General Manager, Rosati Walbridge, Windsor, Ontario, for a resolution of a dispute with Mr. Dave Gibson, Chief Building Official, Gosfield Township North to determine whether a 2 hour fire separation between an existing school and a gymnasium addition provides sufficiency of compliance with Article 3.1.10. of the Ontario Building Code at Gosfield North Public School in Gosfield Township North, Ontario.

APPLICANT

Mr. Michael Schuster
General Manager
Rosati Walbridge
Windsor, Ontario

RESPONDENT

Mr. Dave Gibson
Chief Building Official
Gosfield Township North

PANEL

Mr. Roy Philippe, Chair
Mr. Rick Florio
Mr. Lawrence Glazer

PLACE

Toronto, Ontario

DATE OF RULING

March 11th, 1997

APPEARANCES

Mr. Michael Schuster
General manager
Rosati Walbridge
The Applicant

Mr. Glen Herglotz
AND
Mr. David Travers
Kershaw Travers Gillespie Architects Inc.
Agents for the Applicant

Mr. Dave Gibson
Chief Building Official
Gosfield Township North
The Respondent

RULING

  1. The Applicant

Mr. Michael Schuster, General Manager, Rosati Walbridge, is the holder of a permit issued under the Building Code Act, 1992 to construct a gymnasium addition at the Gosfield North Public School, in Gosfield Township North, Ontario.

  1. Description of Constrution

The proposed construction is the addition of a gymnasium to an existing school. The addition is one storey, 1,121 square metres (12,062 ft²), unsprinklered, and of combustible construction. The underside of the roof assembly is 5.5.metres above the finished floor. The existing school is 3,406 square metres (36,650 ft²).

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Article 2.1.3.1. of the Building Code. The issue in dispute is whether a two hour fire separation can be provided in lieu of a firewall between the new addition and the existing school.

  1. Provision of the Building Code

2.1.3.1. Building Divided by Firewalls

Where a firewall divides a building, each portion of the building so divided shall be considered as a separate building, except for the purpose of

  1. gross area determination in Section 2.3,
  2. a fire alarm and detection system in Sentence 3.2.4.2.(1) or Article 9.10.17.1., or
  3. a plumbing system interconnected through a firewall.

  1. Applicant's Position

The applicant submitted that alternative measures under Part 11 be used to address deficiencies with respect to fire separations, and constructing a 2 hour fire separation between new and existing portions of a building in lieu of a firewall, provides sufficiency of compliance with the Building Code.

  1. Chief Building Official's Position

The Respondent submitted that there is no authority to accept the use of a 2 hour fire separation in lieu of a firewall as per 2.1.3.(1). The roof extends above 6 metres from the finished floor and has insufficient fire rating, and the addition includes combustible construction.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the 2 hour fire separation provides sufficiency of compliance with Article 2.1.3.1. and 3.1.10. of the Building Code provided that:

i. The closures (doors 3 & 9) in the wall separating the new gym and the existing gym have a 1-1/2 hour fire resistance rating.

ii. That the rooms 102, 103 and 104 are provided with heat detection connected to the fire alarm system and

iii. The proposed 2 hour fire separation is provided.

  1. Reasons:

i. The new wall of the gym except for minor variances at the corridor appear to comply with fire wall construction.

ii. Additional detection and compartmentation is provided.

Dated at Toronto, this 11th day, in the month of March, in the year 1997, for application number 1997-09.

Roy Philippe

Rick Florio

Lawrence Glazer