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BCC Ruling No. 95-51-471

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-51-471

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

AND IN THE MATTER OF Sentence 3.2.9.1.(1) 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. Mario Fatica, IPCF Properties Inc. for the resolution of a dispute with Mr. Frank Asta, Chief Building Official, Town of Oakville, concerning whether the sprinklered retail store and unsprinklered open air basement parking area provides sufficiency of compliance with the requirements for a fully sprinklered building, thereby eliminating the requirement to provide a standpipe and hose system in the basement parking garage at 173 Lakeshore Road West, Oakville, Ontario.

APPLICANT

IPCF Properties Inc.
Oakville, Ontario

RESPONDENT

Mr. Frank Asta
Chief Building Official
Town of Oakville

PANEL

Mr. Roy Philippe, Chair
Mr. Remus Tsang
Mr. Sang Shim

PLACE

Toronto, Ontario

DATE OF RULING

October 26th, 1995

APPEARANCES

Mr. Dave Johnson
Fire Protection Technologist
Randal Brown & Associates Ltd.
Willowdale, Ontario
For the Applicant

Mr. Frank Asta
Chief Building Official
Town of Oakville
The Respondent

RULING

  1. The Applicant

Mr. Mario Fatica, IPCF Properties Inc. is an applicant for a permit under the Building Code Act, 1992 to construct a one storey retail food store (i.e. Loblaws) with a basement parking garage at 173 Lakeshore Road West, Oakville, Ontario.

  1. Description of Constrution

The subject building is to be used as a retail food store (i.e. Loblaws). The building is one storey in building height and has a building area of 5,378.0 m² (57,896.6 ft²).

The basement of the building will be used as an underground parking garage. The ground floor of the building will be used as the food store. The food store will contain three separate mezzanines.

The following factors apply to the subject building:

  • retail store is fully sprinklered
  • underground basement is not sprinklered
  • building faces two streets for fire department access (i.e. 50% of building perimeter)
  • basement underground parking garage is a Group F, Division 3 occupancy
  • ground floor retail store is a Group E occupancy
  • noncombustible construction (i.e. subsection 3.1.5.) will be used for this facility
  • fire alarm system with an annunciator will be provided

  1. Dispute

The dispute between the Applicant and Respondent concerns an interpretation of the technical requirements of Sentence 3.2.9.1.(1) of the Building Code. At issue is whether the sprinklered retail store and unsprinklered open air basement parking area provides sufficiency of compliance with the requirements for a fully sprinklered building, thereby eliminating the requirement to provide a standpipe and hose system in the basement parking garage.

  1. Provision of the Building Code

Article 3.2.9.1. Requirement for Standpipe and Hose Systems

Except as provided in Article 3.2.9.2., a standpipe and hose system shall be installed in every building that:

  1. is more than

i. 3 storeys in building height, or

ii. 14 m in height measured between grade and the ceiling of the uppermost storey,

  1. is greater in building area than the area shown in Table 3.2.9.A. for the applicable building height shown in the Table where the building

i. is not sprinklered, and

ii. is not more than 14 m high measured between grade and the ceiling of the top storey, or

iii. contains more than one storey below grade.

  1. Applicant's Position

The Applicant submitted that the parking garage is classified as a basement, but also meets the requirements for an open air storey under the Building Code. The first storey retail potion of the building is required to be provided with an automatic sprinkler system to meet the construction requirements in Article 3.2.2.44. of the Building Code.

The Applicant submitted that Sentence 3.2.1.5.(2) of the Building Code permits open air storeys to be unsprinklered regardless of whether it is a basement, an above grade storey or within a sprinklered building.

The Applicant submitted that due to the first storey being sprinklered, Subclause 3.2.9.1. (1)(b)(i) waives the requirement for a standpipe and hose system for the storey. Furthermore, the Applicant submitted that Clause 3.2.9.1.(1)(c) waives the requirement for a standpipe and hose system in the basement level.

  1. Chief Building Official's Position

The Respondent submitted that the basement parking garage is required to be provided with a standpipe and hose system.

The Respondent submitted that the building referenced in Article 3.2.9.1. consists of both the first storey and basement level. Therefore, since the entire building is not sprinklered a standpipe and hose system is required.

  1. Commission Ruling:

It is the decision of the Building Code Commission that providing a standpipe and hose system only in the basement open air parking garage provides sufficiency of compliance with Article 3.2.9.1. of the Building Code.

  1. Reasons:

i. The entire building cannot be considered fully sprinklered and therefore the exception of Clause 3.2.9.1.(1)(b) does not apply.

ii. The first floor retail use is sprinklered.

Dated at Toronto, this 26th day, in the month of October, in the year 1995, for application number 1995-45.

Roy Philippe

Remus Tsang

Sang Shim