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BCC Ruling No. 95-01-421

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-01-421

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

AND IN THE MATTER OF Clause 3.2.5.7.(1)(c) 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. Vince Killen, St. Joseph's Hospital and Health Centre for the resolution of a dispute with Mr. A. Jeffrey Chalmers, Chief Building Official, City of Peterborough, concerning whether the proposed new canopy to be located over the fire access route at the outpatient entrance on the Rogers Street side of St. Joseph's Hospital and Health Centre, sufficiently complies with Clause 3.2.5.7.(1)(c) of the Building Code.

APPLICANT

St. Joseph's Hospital & Health Centre
Peterborough, Ontario

RESPONDENT

Mr. A. Jeffrey Chalmers
Chief Building Official
City of Peterborough

PANEL

Mr. Michael Lio, Panel Chair
Mr. Remus Tsang
Mr. Sang Shim

PLACE

Toronto, Ontario

DATE OF RULING

January 26th, 1995

APPEARANCES

Mr. Robert Sampson
Project Architect
Dunlop Farrow Inc. Architects
For the Applicant

Mr. A. Jeffrey Chalmers
Chief Building Official
City of Peterborough
Respondent

RULING

  1. The Applicant

Mr. Vince Killen, St. Joseph's Hospital and Health Centre is an applicant for a permit under the Building Code Act, 1992 to construct a new canopy to be located over the fire access route at the outpatient entrance on the Rogers Street side of St. Joseph's Hospital and Health Centre, 384 Rogers Street, Peterborough, Ontario.

  1. Description of Constrution

The proposed entrance canopy is to be located over the fire access route at the outpatient entrance from Rogers Street. The canopy will have an overhead clearance of 4.27 metres (14' 0") and cover approximately one half the width of the fire access route.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Clause 3.2.5.7.(1)(c) of the Building Code. At issue is the determination of whether the 4.27 metre over head clearance of the proposed new canopy sufficiently complies with the Building Code.

  1. Provision of the Building Code

Clause 3.2.5.7.(1)(c): Access Route Design

  1. A portion of roadway or yard provided as a required access route for fire department use shall

(c) have an overhead clearance of not less than 5 m (16 ft 5 in).

  1. Applicant's Position

The applicant stated that the purpose of the canopy is to provide shelter from the elements for patients entering or leaving the building. The applicant submitted that the canopy should be as low as possible to provide better protection from inclement weather. Also, the reduced canopy height avoided obstructing the second floor windows above the canopy.

The applicant stated that the City of Peterborough Fire Chief has accepted the 4.27 m clearance. Fire fighting equipment cannot exceed this height due to limitations of existing clearances provided at bridges, overhead wiring and traffic signals in the area.

  1. Chief Building Officials Position

The respondent stated that the proposed canopy is over a required fire access route and accordingly must have an overhead clearance of not less than 5 m (16' 5"). The proposed canopy will have a vertical clearance of 4.27 m (14' 0").

The canopy is a new freestanding structure, therefore Subsections 11.2.3. and 11.2.4. of the Building Code do not apply.

The respondent submitted that there is no construction difficulty with raising the canopy other than blocking view from the upper windows.

The respondent does not have the authority to accept 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 Applicant. It is the decision of the Building Code Commission that providing a vertical clearance of 4.27 m (14' 0") for the proposed canopy over the fire access route shows sufficiency of compliance with the Building Code provided signage indicating the clear height is visible on approach to the canopy.

  1. Reasons:

    1. The proposed canopy does not affect fire fighting capability. Two means of access are available on the fire access route with the canopy at the terminus.

    1. The local fire department has accepted the 4.27 m (14' 0") clear height. Evidence was presented that current and future fire fighting vehicles would clear the proposed canopy height.

Dated at Toronto, this 26th day, in the month of January, in the year 1995, for application number 1994-58.

Michael Lio

Remus Tsang

Sang Shim