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BCC Ruling No. 95-56-476

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-56-476

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

AND IN THE MATTER OF Clause 3.2.8.2.(6)(c) of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93, 355/94 and 20/95 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Les Cam, Parks and Recreation Department, City of Mississauga for the resolution of a dispute with Mr. Agris Robeznieks, Chief Building Official, City of Mississauga to determine whether an interconnected floor space in a Group A, Division 3 occupancy will provide sufficiency of compliance with the requirements provided for Group A, Division 1 & 2 occupancies in accordance with Clause 3.2.8.2.(6)(c) of the Ontario Building Code, at Four Rinks Arena, Matheson Blvd., Mississauga Ontario.

APPLICANT

Mr. Les Cam
Parks and Recreation Department
City of Mississauga

RESPONDENT

Mr. Agris Robeznieks
Chief Building Official
City of Mississauga

PANEL

Mr. Roy Philippe, Chair
Ms. Susan Friedrich
Mr. Michael Steele

PLACE

Toronto, Ontario

DATE OF RULING

November 21st, 1995

APPEARANCES

Mr. Leszek Muniak
Larden Muniak Consulting Inc.
Toronto, Ontario
For the Applicant

Mr. Frank Spagnolo, Manager
Building and Inspection
City of Mississauga
For the Respondent

RULING

  1. The Applicant

Mr. Les Cam, Parks and Recreation Department, City of Mississauga is an applicant for a permit under the Building Code Act, 1992 to construct a two storey complex of 12,000 m? containing one Olympic size rink, three professional size rinks, a licensed restaurant, snack bar, skills arcade, shop and toddler play area.

  1. Description of Constrution

The Four Rinks Arena is protected by automatic sprinklers throughout and is classified as a Group A, Division 3 occupancy. This two storey complex has a building area of 12,000 m?. It containing four rinks, a licensed restaurant, snack bar, skills arcade, shop and toddler play area. The four rinks occupy the ground floor level and are arranged in quadrants with a lobby bisecting the complex for public access. Directly above the ground floor level is the second level lobby. In accordance with Article 3.2.2.27. of the Building Code fire separations would be required, as follows:

  • horizontal floor assembly, 2h fire resistance rating, second level lobby
  • vertical wall assembly utilizing glazing and automatic sprinklers, meeting the horizontal separation, 2h fire resistance rating, second level lobby/overview of rinks since visual openings are desired to each rink.

The Applicant is proposing an interconnected floor space for this Group A, Division 3 occupancy contrary to Clause 3.2.8.2.(6)(c) of the Building Code.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Clause 3.2.8.2.(6)(c) of the Building Code. At issue is whether an interconnected floor space is permitted in this Group A, Division 3 occupancy without conforming to the requirements of Articles 3.2.8.3. to Article 3.2.8.11. of the Building Code.

  1. Provision of the Building Code

Sentence 3.2.8.2.(6) Exceptions to Special Protection

  1. An interconnected floor space need not conform to the requirements of Articles 3.2.8.3. to 3.2.8.11. provided

    1. the interconnected floor space consists of the first storey, and the storey next above it, but not both,
    2. the interconnected floor space is sprinklered, and
    3. the interconnected floor space contains only Group A, Division 1 or 2, Group D, Group E, or Group F, Division 3 major occupancies.

  1. Applicant's Position

The Applicant submitted that consideration should be given by the BCC to permit an interconnected floor space in this arena complex without the necessity of full compliance with interconnected floor space requirements of Articles 3.2.8.3. to 3.2.8.11. of the Building Code.

The Applicant submitted that an interconnected floor space is permitted for Group A, Division 1 & 2 occupancies in accordance with Sentence 3.2.8.2.(6) of the Building Code.

The Applicant submitted an analysis of occupant load, mobility of persons, fuel load and construction requirements to demonstrate that no greater hazard exists to occupants in this Group A, Division 3 arena by way of an interconnected floor space than would exist in a Group A, Division 1 or 2 occupancy where an interconnected floor space is permitted.

The Applicant also submitted that a revision included in the 1995 National Building Code permits Group A, Division 3 major occupancies to be contained in a building in which the first storey and the storey above it are interconnected.

  1. Chief Building Official's Position

The Respondent submitted that an interconnected floor space is being proposed between level 1 and 2 in a Group A, Division 3 occupancy. The Building Code clearly does not permit an interconnected floor space in a Group A, Division 3 major occupancy without conforming to the requirements of Article 3.2.8.3. to 3.2.8.11.

The Respondent also submitted that the Applicant did not propose any additional measures to demonstrate sufficiency of compliance with the Building Code.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the interconnected floor space in an Assembly, Division 3 (i.e. A-3) major occupancy provides sufficiency of compliance with Sentence 3.2.8.2.(6) of the Building Code subject to a fire separation being provided between the viewing galleries and the rinks consisting of wired glass in fixed steel frames of unlimited area or a window sprinkler assembly authorized by the Building Materials Evaluation Commission (BMEC).

  1. Reasons:

  1. Fire separations without fire resistance ratings are provided at the first floor level to act as a smoke barrier.

  1. The fire separation at the 2nd floor level provides increased time to evacuate the 2nd floor level under fire conditions.

  1. Changes to the National Building Code 1995 edition will be extended to address interconnected floor spaces in A-3 major occupancies.

Dated at Toronto, this 21th day, in the month of November, in the year 1995, for application number 1995-64.

Roy Philippe

Susan Friedrich


Michael Steele