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BCC Ruling No. 97-07-549

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BUILDING CODE COMMISSION DECISION ON B.C.C. #97-07-549

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

AND IN THE MATTER OF Sentence 3.2.3.7.(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 Mr. Galli Taberini, President, West Sutton Properties, Concord, Ontario, for the resolution of a dispute with Mr. Frank Spagnolo, Chief Building Official, City of Mississauga, Ontario concerning whether the "Royal Building System" consisting of a PVC shell structure filled with concrete, provides sufficiency of compliance with Sentence 3.2.3.7.(2) of the Ontario Building Code at 7345 Danbro Crescent, Mississauga, Ontario.

APPLICANT

Mr. Galli Taberini, President
West Sutton Properties
111 Creditstone Road
Concord, Ontario

RESPONDENT

Mr.Frank Spagnolo
Chief Building Official
City of Mississauga

PANEL

Mr. Roy Philippe, Chair
Mr. Michael Lio
Mr. Demir Delen

PLACE

Toronto, Ontario

DATE OF RULING

Wednesday, March 26, 1997

APPEARANCES

Mr. Randall Brown
Randal Brown & Associates
Agent for the Applicant

Mr.Ivan Morson
Hannigan Engineering
For the Applicant

Mr.Celeste Iacobelli
Burka Architects Inc.
For the Applicant

Mr.Frank Spagnolo
Chief Building Official
City of Mississauga
The Respondent

Mr.John LaSelva
Plan Examiner
City of Mississauga
For the Respondent

RULING

  1. The Applicant

Mr. Galli Taberini, President, West Sutton Properties, is a person who holds a building permit under the Building Code Act, 1992 to construct an industrial building at 7345 Danbro Crescent, Mississauga, Ontario.

  1. Description of Construction

The subject industrial building has a major occupancy of F2 and a sprinklered building area of 6,364 square metres. The exposed building face has a variety of spatial separations and unprotected openings and is constructed of wall panels which consist of a PVC shell structure fitted together and filled with concrete.

  1. Dispute

The issue under dispute is whether the PVC wall panels which are required to be of noncombustible construction, and have a fire resistance rating of not less than 2 hours, are permitted under the spatial separation requirements of the Building Code.

  1. Provisions of the Building Code

Sentence 3.2.3.7.(2) Construction of Exposing Building Face

  1. Except as permitted in Article 3.2.3.9., where a limiting distance shown in Table 3.2.3.B. for a Group E, or Group F, Division 1 or 2 occupancy classification is such as to permit an exposing building face to have unprotected openings of

  1. not more than 10 per cent of the exposing building face, the exposing building face shall be of noncombustible construction having a fire-resistance rating of not less than 2 h and be clad with noncombustible construction,

  1. more than 10 per cent but not more than 25 per cent of the exposing building face, the exposing building face shall have a fire-resistance rating of not less than 2 h, and be clad with noncombustible cladding, and

  1. more than 25 per cent but less than 100 per cent of the exposing building face, the exposing building face shall have a fire-resistance rating of not less than 1 h.

  1. Applicant's Position

The Applicant submitted that the building is to be considered as a 1 storey building with a 10% mezzanine and constructed of combustible construction. The Applicant submitted that Table 3.2.3.1.D of the National Building Code permits a limiting distance of 15 metres in a sprinklered, F2 building with 100% unprotected openings, which would permit the north and south walls of the building. The Applicant further submitted that the 1995 National Building Code permits these walls to have a 1 hour fire separation and combustible exterior cladding and submitted ULC tests indicating that the wall assembly meets a 2 hour fire separation. The Applicant indicated that the project should be considered as an equivalent to the requirements of the 1995 NBC, and that the same spatial separation tables are being proposed for the 1998 Ontario Building Code.

  1. Chief Building Official's Position

The Chief Building Official submitted that because the mezzanine is designed to be in excess of 10% the building is a non-combustible 2 storey building. The Chief Building Official further submitted that the wall panel is to be constructed from noncombustible materials since the building classification and limiting distance provided requires the cladding to be constructed from noncombustible materials. The Chief Building Official also submitted that the wall panels had not been tested to meet the 2 hours fire resistance rating.

  1. Commission Ruling

It is the decision of the Building Code Commission that the exterior wall assembly consisting of PVC shell panels, filled with concrete provides sufficiency of compliance with Sentence 3.2.3.7.(2) of the Building Code provided that the building meets the construction requirements of a 1 storey building plus mezzanine as per Article 3.2.2.52 of the Building Code.

  1. Reasons:

i. The Commission is of the opinion that in fully sprinklered buildings, where the sprinkler system is supervised and monitored, the sprinkler system will control fire to such an extent that there will be limited radiation through openings in the exterior face and that there is a substantial reduction in the potential for fire to spread within the building.

ii. The building is essentially of non-combustible construction where combustible construction is permitted.

iii. U.L.C. test data was provided as evidence indicating a 2 hour rating on the wall assembly with a full report to be submitted to the municipality.

iv. The 1995 National Building Code permits combustible cladding and a 1 hour rated wall.

v. Proposed changes for the 1997 Ontario Building Code would accept the proposed construction.

Dated at Toronto this 26th day in the month of March in the year 1997 for application number 1997-12

Mr. Roy Philippe, Chair
Mr. Michael Lio
Mr. Demir Delen