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BCC Ruling No. 94-29-407

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BUILDING CODE COMMISSION DECISION ON B.C.C. #94-29-407

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

AND IN THE MATTER OF Article 3.2.2.55. of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93 and 160/93 (the "Building Code").

AND IN THE MATTER OF an application by Lear Seating Canada for the resolution of a dispute with Mr. Frank Asta, Chief Building Official, Town of Oakville.

APPLICANT

Lear Seating Canada
2700 Bristol Circle
Oakville, Ontario

RESPONDENT

Mr. Frank Asta
Chief Building Official
Town of Oakville

PANEL

Sarah Maman, Chair
Rick Florio
Remus Tsang

PLACE

Toronto, Ontario

DATE OF RULING

September 19, 1994

APPEARANCES

Elie Ghazal, Engineering Manager
Lear Seating Canada
for the Applicant

Mr. John Peters
Chief Fire Prevention Officer
Town of Oakville
for the Respondent

RULING

  1. The Applicant

Lear Seating Canada is the holder of a permit under the Building Code Act, 1992 to construct a new truck shelter addition at Lear Seating Canada, 2700 Bristol Circle, Oakville, Ontario.

  1. Description of Constrution

The applicant is proposing to construct an addition to shelter not more than two transport trailers from the whether during the loading and unloading of material.

The proposed addition is to be located at the loading dock area of an existing one storey building. The west side of the addition abuts the loading doors, the north and south exterior walls are clad with steel siding and the east side is open to the exterior with steel siding extending down to the underside of the roof structure.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Article 3.2.2.55. of the Building Code. At issue is the need to provide a sprinkler system for the new truck shelter addition.

  1. Provision of the Building Code

Article 3.2.2.55. Industrial Buildings, Division 2, Any Height, Any Area, Sprinklered

  1. A building classified as Group F, Division 2 shall conform to Sentence (2) provided the building

    1. is not limited in building height,
    2. is sprinklered, and
    3. is not limited in building area.

  1. Applicant's Position

The applicant stated that sprinklers need not be provided in the addition because the shelter is not an enclosed area, no flammable or hazardous materials will be stored inside, the tractor will protrude outside the building.

  1. Chief Building Officials Position

The respondent stated that the Building Code clearing requires a sprinkler system in the proposed addition.

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 Respondent. It is the decision of the Building Code Commission that not providing sprinkler protection in the addition does not comply with the Building Code.

  1. Reasons:

If a fire should originate in the truck shelter, no provisions have been made to halt the spread of fire to the main building.

Dated at Toronto, this 19th day, in the month of September, in the year 1994, for application number 1994-38.

Sarah Maman

Rick Florio

Remus Tsang