Skip to content
You are here > Home > Your Ministry > Ontario Building Code > Appeals & Approvals > Building Code Commission > Rulings of the Building Code Commission > 1996 > BCC Ruling No. 96-21-504

Follow us

BCC Ruling No. 96-21-504

Email this page

BUILDING CODE COMMISSION DECISION ON B.C.C. #96-21-504

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

AND IN THE MATTER OF Article 3.2.3.20. of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93, 383/94 and 20/95 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Peter Pijet, Manager, Concordia Club, Kitchener for the resolution of a dispute with Mr. Jim Witmer, Chief Building Official, City of Kitchener, concerning whether a walkway between a temporary festival tent and a permanent kitchen facility located in an adjacent structure may be used as a serving area in accordance with Article 3.2.3.20. and Sentence 3.1.6.3.(2) of the Building Code, at the Concordia Club, 429 Ottawa Street South, Kitchener, Ontario.

APPLICANT

Mr. Peter Pijet, Manager
Concordia Club
Kitchener, Ontario

RESPONDENT

Mr. James A. Witmer
Chief Building Official
City of Kitchener

PANEL

Mr. Roy Philippe, Chair
Mr. Michael Lio
Mr. Michael Steele

PLACE

Toronto, Ontario

DATE OF RULING

June 25, 1996

APPEARANCES

Mr. Yulun Sze, Partner
Sze Straka Engineers
For the Applicant

Mr. James A. Witmer
Chief Building Official
City of Kitchener
The Respondent

RULING

  1. The Applicant

Mr. Peter Pijet, Manager, Concordia Club, Kitchener is an applicant for a permit under the Building Code Act, 1992 to erect a temporary festival tent having three links to ancillary buildings (i.e. new washroom facility, festival hall and kitchen building) at the Concordia Club, 429 Ottawa Street South, Kitchener, Ontario.

  1. Description of Constrution

The subject building is the Concordia Club Oktoberfest Festival tent. The Festival tent has a building area of 3779.5 m² (40,683.5 ft²) and is classified as an Assembly Occupancy, Division 2 (A-2). The tent and ancillary buildings are provided with a fire alarm system interconnected with the Concordia Club building.

A series of links join the tent to ancillary buildings (i.e. washrooms, permanent club building and kitchen facility). These links are permanent structures with 1 hour wall and roof assemblies and 45 minute closures. The links are intended to provide spatial separation between the various buildings, while permitting utility for staff and comfort for the patrons.

The Applicant proposes to use the link between the festival tent and the kitchen area to serve food to patrons in the tent. The kitchen facility building and the link have a building area of 29 m² (312 ft²) and 43 m² (463 ft²) respectively. The proposed servery link will be separated from the tent with another 1 hour assembly and the opening for the serving counter is equipped with a rated shutter, with a fusible link connected to an interconnected smoke alarm.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Article 3.2.3.20. and Sentence 3.1.6.3.(2) of the Building Code. At issue is whether a walkway between a temporary festival tent and a permanent kitchen facility may be used as a serving area for patrons in the tent.

  1. Provision of the Building Code

Article 3.2.3.20. Walkway Between Buildings

  1. Except as provided in Sentence 3.2.3.21.(2), where buildings are connected by a walkway, each building shall be separated from the walkway by a fire separation with a fire-resistance rating of not less than 45 min.

  1. Except as provided in Sentence (3), a walkway connected to a building required to be of non-combustible construction shall also be of noncombustible construction.

  1. A walkway connected to a building required to be of noncombustible construction is permitted to be of heavy timber construction provided

    1. not less than 50 per cent of the area of any enclosing perimeter walls is open to the outdoors, and

    1. the walkway is at ground level.

  1. A walkway of noncombustible construction used only as a pedestrian thoroughfare and that is not required as an exit, need not conform to the requirements of Articles 3.2.3.14. and 3.2.3.15.

Sentence 3.1.6.3.(2) Clearance to Other Structures

  1. Tents and air-supported structures shall not be erected closer than 3 m (9ft 10 in) to other structures on the same property except as provided in Sentences (3) and (4), and shall be sufficiently distant from one another to provide an area to be used as a means of emergency egress.
  1. Applicant's Position

The Applicant submitted that the area of dispute is the building link between the festival tent and the permanent kitchen facility. At present there are three links in total.

The Applicant submitted that the two links serving the washroom facility and festival hall are used as required exits from the tent. The link between the temporary festival tent and kitchen building is not a required exit.

The Applicant submitted that the owners propose to place a serving counter across the opening at the tent/link face. Patrons would pass by this counter, cafeteria style, to receive there meals from serving staff. Within the link and adjacent to the counter would be placed steam tables, constantly replenished by other staff coming from the kitchen. Food is not cooked in the serving area. Beverage and food tickets are purchased elsewhere in the tent. The menu consists of 8 items and the tent can accommodate 3,000 patrons.

The Applicant submitted that prior to the new kitchen link being constructed there had been an existing structure in place that did not conform to any standards. This structure was used as a serving area between the kitchen and festival tent without any separation between the two.

  1. Chief Building Official's Position

The Respondent submitted that at the time of building permit application the applicant indicated his desire to use the walkway for a thorough-fare for staff persons to carry food from the kitchen to serving tables. The Applicant later decided to use the walkway as a serving area.

The Respondent submitted that Article 3.2.3.20. of the Building Code permits the temporary tent to be considered a separate building if a noncombustible walkway structure is constructed connecting the tent to the permanent kitchen building. The minimum length of the walkway would need to be 3.0 metres to ensure compliance with Sentence 3.1.6.3.(2) of the Building Code.

The Respondent submitted that once the walkway becomes an occupied floor area the kitchen facilities must be considered "one building". This being the fact then the required minimum 3.0 metre clearance between the tent and the adjacent building has not been provided which is in contravention of Sentence 3.1.6.3.(2) of the Building Code.

  1. Commission Ruling:

It is the decision of the Building Code Commission that using the link connected to the kitchen as a servery area provides sufficiency of compliance with Sentence 3.1.6.3.(2) and Article 3.2.3.20. of the Building Code provided that the roof assembly of the servery provides a 45 minute fire resistance rating.

  1. Reasons:

i. The kitchen and servery building is fire separated from the tent structure.

ii. An interconnected fire alarm system has been provided for the tent and ancillary buildings that includes pull stations within the tent and a connection to the fire department.

iii. The kitchen and servery building adjacent to the tent does not impede emergency egress from the tent.

iv. It is the opinion of the Building Code Commission that considering the evidence submitted with respect to the additional safeguards provided, the kitchen and servery building adjacent to the tent does not create a hazard to the public.

Dated at Toronto, this 25th day, in the month of June, in the year 1996, for application number 1996-20.

Roy Philippe

Michael Lio

Michael Steele