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BCC Ruling No. 94-09-387

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BUILDING CODE COMMISSION DECISION ON B.C.C. #94-09-387

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

AND IN THE MATTER OF Article 3.1.5.11.(6) 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 Mr. Claudio Cavalieri, Project Manager, Internorth Construction Company Limited for the resolution of a dispute with Mr. Alan Evans, Chief Building Official, City of Brampton.

APPLICANT

Internorth Construction Company Limited

RESPONDENT

Mr. Alan Evans
Chief Building Official
City of Brampton

PANEL

Sarah Maman, Chair
Sang Shim
Rick Florio

PLACE

Toronto, Ontario

APPEARANCES

Mr. W. Strand, President
Zer-O-Loc Enterprises Limited for applicant

Mr. Len Exley, P. Eng.
Zer-O-Loc Enterprises Limited for applicant

Mr. John W. Jones, P.Eng.
Internorth Construction Company Limited for applicant

Ms. Brenda Campbell, Supervisor of Plans and
Permits, City of Brampton for respondent

Mr. Danny Hui, Building Code Advisor,
Ministry of Housing.

DATE OF RULING

April 25th, 1994

RULING

  1. The Applicant

The Applicant, Mr. Claudio Cavalieri, Internorth Construction Company Limited is the holder of a permit issued under the Building Code Act, 1992 to construct a building at 107 Walker Road, Brampton, Ontario.

  1. Description of Construction

A building permit was issued on November 18, 1993 to construct a cold-storage warehouse and office building at 107 Walker Drive, Brampton, Ontario. The building is classified as Group F Division 2 and is designed according to Article 3.2.2.53 of the Building Code. The building is required to be noncombustible construction.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with Sentence 3.1.5.11.(6) of the Building Code. The applicant used Zer-O-Loc Panels on the exterior walls of the building. These factory assembled exterior wall panels use expanded polystyrene insulation material rather than thermosetting plastic material required by Sentence 3.1.5.11.(6) of the Building Code.

  1. Provision of the Building Code

Sentence 3.1.5.11.(6) Thermosetting Foamed Plastic Insulation (6) Thermosetting foamed plastic insulation having a flame-spread rating of not more than 500 which forms part of a factory-assembled exterior wall panel that does not incorporate an air space is permitted to be used in a building required to be of noncombustible construction provided:

(a) the foamed plastic is protected on both sides by sheet steel not less than 0.38 mm thick which will remain in place for not less than 10 minutes when the wall panel is tested in conformance with CAN4-S101-M, Standard Methods of Fire Endurance Tests of Building Construction and Materials,

(b) the flame spread rating of the wall panel, determined by subjecting a sample including an assembled joint to the appropriate test described in Subsection 3.1.12., is not more than the flame-spread rating permitted for the room or space which it bounds,

(c) the building does not contain a Group B or Group C major occupancy, and

(d) the building is not more than 18 m high, measured between grade and the floor of the uppermost storey.

  1. Applicant's Position

The applicant stated that the use of Zer-O-Loc panel system complies with Sentence 3.1.5.11.(6) of the Building Code except that the insulation is not thermosetting. The applicant provided information indicating that expanded polystyrene foamed plastics used as the core of an exterior wall panel system in a fully sprinklered building does not create a greater fire hazard than a thermosetting foamed plastic wall panel system.

  1. Chief Building Officials Position

The respondent stated that the use of Zer-0-Loc panels does not meet all the conditions in Sentence 3.1.5.11.(6) of the Building Code. In order to accept the installation of the Zer-O-Loc panels under Section 9 of the Building Code Act and Section 2.7 of the Building Code the Chief Building Official must be satisfied that it will provide the level of performance that would be achieved by conformance with the requirements of the building code. The respondent stated that the information submitted did not provide assurance of this.

  1. Commission Ruling:

In favour of the Applicant. It is the decision of the Building Code Commission that the use of expanded polystyrene insulation material which forms part of a factory-assembled exterior wall panel that does not incorporate an air space is acceptable in a building required to be of noncombustible construction.

  1. Reasons:

1. The building will be fully sprinklered so that any fire involving the melted polystyrene will be controlled. 2. The panels conform to Clauses (a),(b),(c) and (d) of Sentence 3.1.5.11.(6) of the Ontario Building Code. 3. The expanded polystyrene has a flamespread rating of less than 150.

Dated at Toronto this 25th day in the month of April in the year 1994 for application number 1994-13.