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BCC Ruling No. 96-28-511

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BUILDING CODE COMMISSION DECISION ON B.C.C. #96-28-511

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

AND IN THE MATTER OF Sentence 3.2.3.7.(2) 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. Mark Kane, General Manager Eastern Canada, Carpenter Co., Vaughan for the resolution of a dispute with Mr. Mani Navabi, Chief Building Official, City of Vaughan, concerning whether a wall adjacent to a CNR right of way may be constructed of metal panels on a steel frame in lieu of providing a 2 hour fire resistant rating in accordance with Sentence 3.2.3.7.(2) of the Building Code at the Carpenter Co., 500 Hanlan Road, Vaughan, Ontario.

APPLICANT

Mr. Mark Kane
General Manager Eastern Canada
Carpenter Co.
Vaughan, Ontario

RESPONDENT

Mr. Mani Navabi
Chief Building Official
City of Vaughan

PANEL

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

PLACE

Toronto, Ontario

DATE OF RULING

June 25, 1996

APPEARANCES

Mr. Thomas E. Brown, President
Thomas E. Brown Architect Inc.
For the Applicant

Mr. Steven Penna
Technical Supervisor
City of Vaughan
For the Respondent

RULING

  1. The Applicant

Mr. Mark Kane, General Manager Eastern Canada, Carpenter Co., Vaughan is an applicant for a permit under the Building Code Act, 1992 to construct an addition to an existing medium hazard industrial occupancy located at 500 Hanlan Road, Vaughan, Ontario.

  1. Description of Constrution

The proposed addition is a one storey noncombustible building classified as a Medium Hazard Industrial Occupancy (i.e. Group F, Division 2). The building is provided with a sprinkler system, fire alarm system and standpipe and hose system. The building area is as follows:

Existing

25,612 m² (275,697 ft²)

Addition

5,070 m² ( 54,525 ft²)

Total

30,682 m² (330,272 ft²)

The exposing building face of the addition that faces the CNR right-of-way has a variable height of 10 to 10.5 metres and is 67.8 metres long. The limiting distance from the wall in question to the property line is 15.25 metres. The wall is proposed to be constructed of metal panels on a steel frame.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Sentence 3.2.3.7.(2) of the Building Code. At issue is whether a wall adjacent to a CNR right of way may be constructed of metal panels on a steel frame in lieu of providing a 2 hour fire resistant rating.

  1. Provision of the Building Code

Article 3.2.3.7.(2) Construction of Exposing Building Face

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 cladding,

  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 north wall of the addition is proposed as a non-combustible, metal panelled wall on a steel frame. The adjacent property is a CNR right of way and the nearest rail line is 29 metres from the building.

The Applicant submitted that the existing building faces the same CNR right of way. The wall in dispute is in the same plane as the existing wall which was not required to have a 2 hour fire resistance rating. The existing wall is 265 metres long.

The Applicant submitted that the CNR have confirmed they are not going to build on the right of way. The Applicant objects to the requirement of providing a 2 hour fire resistance rating.

  1. Chief Building Official's Position

The Respondent submitted that the north wall of the addition is approximately 15 metres from the property line. Therefore, the north exterior wall of this addition requires a 2 hour fire resistance rating and be clad with non-combustible cladding in accordance with Clause 3.2.3.7.(2)(b) of the Building Code.

The Respondent further submitted that the CNR right of way is not a street by definition under Article 1.1.3.2. and therefore Clause 3.2.3.9.(2) of the Building Code is not applicable.

  1. Commission Ruling:

It is the decision of the Building Code Commission that providing a wall of metal panels on a steel frame in lieu of providing a 2 hour fire resistant rating adjacent to a C.N.R. right of way does not provide sufficiency of compliance with Sentence 3.2.3.7.(2) of the Building Code.

  1. Reasons:

i. No alternatives were offered to provide sufficiency of compliance.

ii. The adjacent property is not considered a street for the purposes of Article 3.2.3.9. of the Building Code.

Dated at Toronto, this 25th day, in the month of June, in the year 1996, for application number 1996-28.

Roy Philippe

Michael Lio

Michael Steele