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BCC Ruling No. 95-32-452

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-32-452

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

AND IN THE MATTER OF Sentence 3.2.5.16.(2) of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93 and 355/94 (the "Building Code").

AND IN THE MATTER OF an application by Ms. R.J. Ross, Manager, Rockwood Mall for the resolution of a dispute with Mr. Agris Robeznieks, Chief Building Official, City of Mississauga, concerning whether the 60 m distance from the fire department connection to a hydrant provides sufficiency of compliance with Sentence 3.2.5.16.(2) of the Ontario Building Code, at 4141 Dixie Road, Phase II #1, Mississauga, Ontario.

APPLICANT

Rockwood Mall
North York, Ontario

RESPONDENT

Mr. Agris Robeznieks
Chief Building Official
City of Mississauga
Mississauga, Ontario

PANEL

Mr. Michael Lio, Chair
Mr. Demir Delen
Ms. Susan Friedrich

PLACE

Toronto, Ontario

DATE OF RULING

June 28th, 1995

APPEARANCES

Mr. Ludovit Hudec, Principal
LH Consultants Ltd.
North York, Ontario
For the Applicant

Mr. R.A. Chalk
Chief Fire Inspector

AND


Mr. Frank Spagnolo
Building Eng. & Inspection
City of Mississauga
For the Respondent

RULING

  1. The Applicant

Ms. R.J. Ross, Manager, Rockwood Mall is the holder of a permit under the Building Code Act, 1992 to renovate an existing tenant space at the Rockwood Mall, 4141 Dixie Road, Phase II, Mississauga, Ontario.

  1. Description of Constrution

The Rockwood Mall has been is existence for approximately 20 years old. A change in occupancy to a tenant space resulted in an alteration of the existing sprinkler system.

An existing fire department connection for the sprinkler system is situated on the north face of the building approximately 60 m from the existing fire hydrant near the north east corner of the building.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Sentence 3.2.5.16.(2) of the Building Code. At issue is whether the 60 m distance from the fire department connection to a hydrant provides sufficiency of compliance with the Building Code.

  1. Provision of the Building Code

Sentence 3.2.5.16.(2) Fire Department Connections

2. Fire department connections for sprinkler systems shall be located so that the distance from a fire department connection to a hydrant is not more than 45 m (147 ft 8 in) and is unobstructed.

  1. Applicant's Position

In 1994, a new tenant, "CLUB BIZ", (video equipment store) moved into the building. During the process of Building Permit Application for new tenant's improvement, there were revisions done to the existing sprinkler system. The building department requested the Applicant confirm the location of the hydrant which apparently does not comply with the Building Code.

The Applicant submitted that there was no alteration or expansion of the existing siamese connection.

The Applicant submitted that the present situation is safe, and that the 60 m distance between the fire hydrant and sprinkler siamese connection will not cause any undue hardship for the local fire department.

  1. Chief Building Officials Position

The Respondent stated that the building was previously occupied by a retail lumber supply.

The Respondent submitted that the inadequacy of the existing sprinkler system required the system to be upgraded and split into two systems. The sprinkler density needed to be increased to cover the new use. The Respondent reported that the siamese connection was reworked to feed a header with 2 new alarm check valves. The only part of the sprinkler system that was not changed was the physical location of the siamese connection on the exterior of the building.

The Respondent submitted that the new sprinkler system must conform to NFPA-13 and the Building Code requirements. This requires the fire department connection to be within 45 m of a fire hydrant.

The Respondent stated that the existing fire hydrant is 60 m from the siamese connection. This is an increase of 33% over the maximum allowable 45 m required by the Building Code.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that the existing 60 m distance between the fire department connection and the fire hydrant provides sufficiency of compliance with the Building Code.

  1. Reasons:

  1. The existing sprinkler system was voluntarily upgraded by the building owner within the subject tenant premises.

  1. No changes were made to the existing siamese connection or fire hydrant.

  1. There was no change in occupancy classification and no increase in occupant load.

  1. The existing fire safety performance of the building has been improved by the modifications.

Dated at Toronto, this 28th day, in the month of June, in the year 1995, for application number 1995-25.

Michael Lio

Demir Delen

Susan Friedrich