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BCC Ruling No. 95-25-445

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-25-445

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

AND IN THE MATTER OF Clause 3.2.2.52.(2)(a) 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 Mr. Jim Shier, Ontario Store Fixtures for the resolution of a dispute with Mr. Yaman Uzumeri, Chief Building Official, City of North York, concerning whether the provision of a 1 hour vertical fire separation between a Group F, Division 2 and Group D occupancy provides sufficiency of compliance with the requirement to provide a 45 minute fire resistance rating for the adjoining interconnected second floor of the Group D occupancy at Ontario Store Fixtures, 650 Barmac Drive, North York, Ontario.

APPLICANT

Ontario Store Fixtures
North York, Ontario

RESPONDENT

Mr. Yaman Uzumeri
Chief Building Official
City of North York

PANEL

Mr. Roy Philippe, Chair
Mr. Demir Delen
Mr. Michael Lio

PLACE

Toronto, Ontario

DATE OF RULING

May 18th, 1995

APPEARANCES

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

Mr. Yudistir Ramkissoon
Construction Examiner
City of North York
For the Respondent

RULING

  1. The Applicant

Mr. Jim Shier, Ontario Store Fixtures is the holder of a permit under the Building Code Act, 1992 to construct an interconnected second floor assembly in the Group D portion of an existing building used primarily for wood cutting and assembly operations at Ontario Store Fixtures, 650 Barmac Drive, North York, Ontario.

  1. Description of Constrution

The project is a 4,000 m² fully sprinklered, noncombustible building classified as a Group F, Division 2, major occupancy. The north portion of the building consists of a two storey, interconnected office space representing approximately 2,600 m² or 65% of the building area. The north portion of the building is a one storey structure used primarily for wood cutting and assembly operations, classified as a Group F, Division 2 occupancy. The Group D portion of the building is separated from the Group F, Division 2 portion by a 1 hour vertical fire separation rising tight to the underside of the metal deck roof.

The Applicant constructed a non rated interconnected second floor assembly in the Group D portion of the building.

  1. Dispute

The dispute between the Applicant and Respondent concerns the sufficiency of compliance with the technical requirements of Clause 3.2.2.52.(2)(a) of the Building Code. At issue is whether the provision of a 1 hour vertical fire separation between the Group F, Division 2 and Group D occupancies provides sufficiency of compliance with the requirement to provide a 45 minute fire resistance rating for the adjoining interconnected second floor of the Group D occupancy.

  1. Provision of the Building Code

Clause 3.2.2.52.(2)(a): Industrial Buildings, Division 2, up to 4 Storeys

  1. The building shall be of combustible or noncombustible construction used either singly or in combination, and

    1. floor assemblies shall be fire separations with a fire-resistance rating of not less than 45 min,

  1. Applicant's Position

The Applicant submitted that the North York Building Department is requiring the second floor assembly to have a 45 minute fire-resistance rating in conformance with Clause 3.2.2.52.(2)(a) for a Group F, Division 2 major occupancy, and Article 3.1.3.3. respecting construction requirements for the most restrictive major occupancy. The Applicant submitted that sufficiency of compliance with Clause 3.2.2.52.(2)(a) of the Building Code has been achieved, for the following reasons:

  1. The vertical fire separation is equivalent in rating to the floor assembly rating if the floor was designed to Group F, Division 2 requirements.

  1. Since the Group D portion of the building is separated from the Group F, Division 2 portion by a 1 hour rated vertical fire separation, a fire occurring in the Group F, Division 2 portion of the building will not immediately threaten the structural integrity of the non-rated second floor assembly in the Group D portion of the building.

  1. In sprinklered Group D buildings up to three storeys in building height, facing a minimum of one street and having a building area of not more than 4,800 m², noncombustible floor assemblies may be used.

The Applicant summarized that the City of North York Building Department maintains the opinion that a 45 minute fire-resistance rating must be applied to the underside of the second floor assembly in consideration of the construction requirements for the most restrictive major occupancy (i.e. Group F, Division 2).

It is the Applicant's opinion that the 1 hour vertical fire separation between the two adjoining occupancies provides a reasonable level of safety to the occupants within the Group D portion of the building from an ensuing fire in the Group F, Division 2 portion of the building, and therefore sufficiency of compliance is achieved with a non-rated floor assembly in the Group D portion.

  1. Chief Building Officials Position

The Respondent submitted that the ground floor of the subject building is classified as Group D and Group F, Division 2 major occupancy. For construction requirements the building falls under Article 3.2.2.40 and 3.2.2.52. of the Building Code.

Sentence 3.1.3.1.(2) and Article 3.1.3.3. require the most restrictive major occupancy contained in a building to be applied to the whole building. The most restrictive of the two major occupancy is Group F, Division 2. Clause 3.2.2.52.(2)(a) requires the floor assembly to be constructed as a fire separation with a fire resistance rating of not less than 45 minutes.The Respondent does not have the authority to permit a condition that deviates from the Building Code and the use of equivalents regulated by Section 2.7 is not applicable.

  1. Commission Ruling:

In favour of the Respondent. It is the decision of the Building Code Commission that not providing the 45 minute fire resistance rating on the second floor does not comply with the Building Code.

  1. Reasons:

  1. The Medium Hazard Industrial Occupancy (F-2) requirements apply throughout the building since no fire wall is provided to treat the Business and Personal Service Occupancy (D) and F-2 occupancy as separate buildings.

  1. Sentence 3.1.3.1.(2) and Article 3.1.3.3. require the most restrictive major occupancy contained in a building to be applied to the whole building. The most restrictive of the two major occupancy is Group F, Division 2. Clause 3.2.2.52.(2)(a) requires the floor assembly to be constructed as a fire separation with a fire resistance rating of not less than 45 minutes.

Dated at Toronto, this 18th day, in the month of May, in the year 1995, for application number 1995-20.

Roy Philippe

Demir Delen

Michael Lio