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BCC Ruling No. 96-22-505

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-22-505

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

AND IN THE MATTER OF Sentence 3.1.5.15.(1) and Clause 3.1.5.2.(1)(h) 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. Tony Romanin, Senior Project Manager, Eminent Construction, Downsview for the resolution of a dispute with Mr. Yaman Uzumeri, Chief Building Official, City of North York, concerning whether the use of PVC for the termination kit, 100 mm (4 inch) Tee and the 50 mm (2 inch) "Y" and cap for the condensation trap assembly may be considered minor combustible components in accordance with Sentence 3.4.6.15.(1) and Clause 3.1.5.2.(1)(h) of the Building Code, at Grandview at Northtown, 88 Grandview Way, North York, Ontario.

APPLICANT

Mr. Tony Romanin
Senior Project Manager
Eminent Construction
Downsview, Ontario

RESPONDENT

Mr. Yaman Uzumeri
Chief Building Official
City of North York

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

May 16th, 1996

APPEARANCES

Mr. Randal Brown, President
Randal Brown & Associates Ltd.
For the Applicant

Mr. Dan Musabay
City of North York
For the Respondent

RULING

  1. The Applicant

Mr. Tony Romanin, Eminent Construction, Downsview is the holder of a permit under the Building Code Act, 1992 to construct a 12 storey residential apartment building at Grandview at Northtown, 88 Grandview Way, North York, Ontario.

  1. Description of Constrution

The subject structure is a 12 storey residential (i.e. Group C) apartment building of noncombustible construction. The building is provided with a fire alarm system and a standpipe and hose system.

P.V.C. materials are used for the termination kit, 100 mm (4 inch) Tee and the 50 mm (2 inch) "Y" and cap for the condensation trap assembly for the hot water tank to be installed in each suite.

  1. Dispute

The dispute between the Applicant and Respondent concerns an interpretation of the technical requirements of Sentence 3.1.5.15.(1) and Clause 3.1.5.2.(1)(h) of the Building Code. At issue is whether the use of PVC for the termination kit, 100 mm (4 inch) Tee and the 50 mm (2 inch) "Y" and cap for the condensation trap assembly of the water tank to be installed in each suite may be considered minor combustible components.

  1. Provision of the Building Code

Sentence 3.1.5.15.(1) Combustible Piping Materials

  1. Except as permitted in Clause 3.1.5.2.(1)(e), Sentence (2) and Article 3.1.5.20., combustible totally enclosed raceways, piping and tubing and associated adhesives are permitted to be used in a building required to be of noncombustible construction provided they

  1. have a flame-spread rating of not more than 25, except when concealed in a wall or a concrete floor slab, and
  2. when used in buildings described in Subsection 3.2.6., have a smoke developed classification of not more than 50, except when concealed in a wall or a concrete floor slab.

Clause 3.1.5.2.(1)(h)

1. The following minor combustible components are permitted in a building required to be of noncombustible construction:

(h) similar minor components.

  1. Applicant's Position

The Applicant submitted that the dispute involves the use of P.V.C. pipe for the termination kit and condensation trap for the hot water units.

The Applicant submitted that a 100 mm (4 inch) P.V.C. pipe is used in the exterior wall for the termination kit. Also, the 100 mm (4 inch) "T" and the 50 mm (2 inch) "Y" and cap for the condensation trap assembly are constructed of P.V.C.

It is the Applicant's contention that these are minor combustible components in the building.

  1. Chief Building Official's Position

The Respondent submitted that the P.V.C. materials used for the termination kit and two fittings for the hot water tank to be installed in each unit do not comply with the Building Code.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the use of P.V.C. material for the termination kit, 100 mm (4 inch) Tee and the 50 mm (2 inch) "Y" and cap for the condensation trap assembly is considered a minor combustible component in accordance with Clause 3.1.5.2.(1)(h) and provides sufficiency of compliance with Sentence 3.1.5.15.(1) of the Building Code.

  1. Reasons:

i. The exposed P.V.C. components are limited and are located in dwelling units that are separated from each other by a 1 hour fire separation.

ii. The materials meet the flame spread requirements in Clause 3.1.5.15.(1)(a) of the Building Code.

iii. The termination kit will be limited to not more than 500 mm (20 inches). Most of the 100 mm (4 inch) diameter P.V.C. pipe will be enclosed in the exterior wall which is of noncombustible construction.

iv. Much of the condensation trap will be filled with water.

v. CPVC fittings for the appliance are not available in North America

Dated at Toronto, this 16th day, in the month of May, in the year 1996, for application number 1996-21.

Roy Philippe

Michael Lio

Michael Steele