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BCC Ruling No. 94-18-396

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IN THE MATTER OF Subsection 24(1) of the Building Code Act, 1992. AND IN THE MATTER OF Sentence and Table 3.2.9.A. of 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 Nelson Steel Co. Ltd., Division of Samuel Manu-Tec Inc. for the resolution of a dispute with Mr. D. H. Ferguson, Chief Building Official, Regional Municipality of Haldimand-Norfolk.


Nelson Steel Co. Ltd., Division of Samuel
Manu-Tec Inc.


Mr. D. H. Ferguson
Chief Building Official
The Regional Municipality of Haldimand-Norfolk


Sarah Maman, Chair
Rick Florio
David Lam


Toronto, Ontario


July 21st, 1994


Mr. James Barclay, President
Barclay Construction Hamilton Limited,
for the Applicant

Al Mattiussi, Vice-President
Nelson Steel Co. Ltd.,
for the Applicant


  1. The Applicant

Nelson Steel Co. Ltd. are applicants for a permit under the Building Code Act, 1992 to construct a pickling line and storage area addition to an existing coil steel processing plant, located at 19 Hawk Street, City of Nanticoke, Ontario.

  1. Description of Construction

The applicant is proposing to construct a 7,158 m? pickling line and storage area addition to an existing coiled steel processing plant and office. The building is of non-combustible construction and is not sprinklered.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Sentence and Table 3.2.9.A. of the Building Code. At issue is the requirement to provide a standpipe and hose system in the proposed pickling line and storage area addition.

  1. Provision of the Building Code

Sentence Requirement for Standpipe and Hose Systems Except as provided in Article, a standpipe and hose system shall be installed in every building that:

(a) 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,

(b) 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 (c) contains more than one storey below grade.

Table 3.2.9.A.

  1. Applicant's Position

The applicant stated that the only risk of fire in the pickling plant is from an oil or hydraulic fire and extinguishment with water would further spread a fire and endanger personnel. Also, since the steel coil storage area is non-combustible without wood pallets, packaging or other combustible materials the standpipe and hose system is not necessary.

In order to provide equivalent level of performance, the applicant proposes the use of fire extinguishers and proper training of the staff to deal with fire situations.

  1. Chief Building Officials Position

The respondent stated that the Building Code clearly requires a stand pipe and hose system in the proposed addition.

The respondent does not have the authority to issue a building permit for a condition that deviates from the Building Code. The use of equivalents regulated by Section 2.7 of the Building Code is not applicable.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that not providing a wet standpipe and hose system shows sufficiency of compliance with the Building Code, subject to a dry standpipe system being provided with the following features:

1. The siamese pumper connection is located within 45 m of a hydrant.

2. A plaque be installed over the siamese connection clearly identifying that the siamese connection is for a dry standpipe system in the new addition.

3. The location of hose stations shall comply with Section 3.2.9. of the Building Code; however, hose lines shall not be provided.

  1. Reasons:

1. The dry standpipe system is intended to be used by fire department personnel only in the event that internal fire fighting is required.

2. The process and storage areas have a low combustible loading.

3. Plant personnel will be trained in the use of fire extinguishers that will be installed in the new addition, in numbers that exceed Fire Code requirements.

Dated at Toronto, this 21st day, in the month of July, in the year 1994, for application number 1994-25.

Sarah Maman

Rick Florio

David Lam