BUILDING CODE COMMISSION

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1 Ruling No Application No BUILDING CODE COMMISSION IN THE MATTER OF Subsection 24(1) of the Building Code Act, S.O. 1992, c. 23, as amended. AND IN THE MATTER OF in Articles and of Regulation 403, as amended, (the Building Code). AND IN THE MATTER OF an application by David Speigel, Tribute Communities (York) Inc., for resolution of a dispute with Ann Borooah, Chief Building Official, City of Toronto, to determine whether the proposed direct vent fireplace sidewall terminations, constructed of type 304 stainless steel and located in walls having a limiting distance ranging from 0.55 m to 1.2 m provides sufficiency of compliance with Articles and of the Building Code at the Village at York University (Tribute Communities), Murray Ross Parkway and Sentinel Road, Toronto, Ontario. APPLICANT RESPONDENT PANEL PLACE David Speigel, Tribute Communities (York) Inc. Pickering, ON Ann Borooah Chief Building Official City of Toronto Tony Chow, Chair Susan Friedrich Gary Burtch Toronto, Ontario DATE OF HEARING February 17, 2005 and April 4, 2005 DATE OF RULING April 4, 2005 APPEARANCES Andy Vella CFM Corporation Mississauga, ON Agent for the Applicant Ben Lievers Building Code Examiner City of Toronto Designate for the Respondent

2 - 2 - RULING 1. Particulars of Dispute The Applicant has received permits under the Building Code Act, 1992, and is constructing approximately 300 single and semi-detached dwellings at York University (Tribute Communities), Murray Ross Parkway and Sentinel Road, Toronto, Ontario. It is proposed that the homes be equipped with direct-vent gas fireplaces, which will be vented to the outside of the dwellings. It is the vent terminations of the proposed fireplaces in dwellings having a limiting distance of less than 1.2 m which has resulted in the dispute between the parties. The subject buildings are residential, single and semi-detached dwellings having building areas of approximately 140 m 2. The dwellings, which are 2 storeys in building height, are comprised of combustible construction. The structures are not equipped with standpipe and hose, fire alarm or sprinkler systems. The construction in dispute involves the openings of the vent terminations in exposing building faces having limiting distances less than 1.2 m. The limiting distance from the structures to the lot lines ranges from 0.61 m (2 ft.) to zero. The vent termination assemblies consist of the (0.050 aluminium) vent terminal, a mm (7 in.) galvanized steel outer air conduit pipe ( mm in thickness), a galvanized steel wall sleeve ( mm in thickness), and a firestop spacer ( mm in thickness), which is also manufactured out of galvanized steel. The wall terminations are available in both aluminium and an optional type 304 stainless steel. The 304 type stainless steel termination is proposed to be used in the subject installations. The seams of the joints between the wall sleeve, plate and pipe will be sealed with high temperature sealants. The wall sleeve, firestop spacer and outer pipe form a galvanized steel box behind the vent termination. The Applicant contends that the venting system, when properly installed, meets the requirements of a 45-minute fire rating as would be required for zero lot line applications. The issue at dispute pertains to the percentage and size of openings in an exposing building face having a limiting distance of less than 1.2 m. The Respondent claims that the size of the opening, approximately m 2 (38.5 in 2 ), is more than double the allowable opening size for an unprotected opening under the Code. The Respondent further claims that since this a vent termination for a fuel fired direct-vent appliance, no closure would be permitted. Therefore, the issue before the Commission is whether the vent termination box and fire stop provide sufficiency of compliance with Articles and of the Building Code. 2. Provisions of the Building Code in Dispute Maximum Percentage Area of Unprotected Openings (1) Except as provided in Sentence (2) and Articles to , the maximum percentage of unprotected openings in an exposing building face shall conform to Table or to Subsection , whichever is the least restrictive for the occupancy being considered.

3 - 3 - Table Maximum Percentage of Unprotected Openings or Glazed Areas, % of Exposing Building Face Area Forming Part of Sentence (1) Occupancy Classification of Building Maximum Area of Exposing Building Face, m 2 Limiting Distance, m Less than 1.2 Residential, business and Personal services and Low hazard Industrial Over Mercantile and medium Hazard Industrial Over Column Openings in Walls Having a Limiting Distance Less Than 1.2 m. (1) Openings in a wall having a limiting distance of less than 1.2 m shall be protected by closures, of other than wired glass or glass block, whose fire protection rating is in conformance with the fire-resistance rating required for the wall. 3. Applicant s Position The Agent for the Applicant submitted that, in his opinion, the side wall vent system meets the requirement for a 45-minute fire rating. The Agent assembled the vent in question for the benefit of the Commission. He clarified that the size of the pipe, which penetrates the wall, is mm (7 in.) in diameter resulting in a.025 m 2 (38.5 in 2 ) opening. The walls are constructed using wood studs with the zero clearance sleeve being placed at the drywall and sealed using a high temperature sealant. In response to questions from the Commission as to how the venting system works in a zero lot line situation, the Agent explained that there were not any applications where the venting system projected to the lot line. He indicated that what they were really referring to was the distance between wall to wall separations and that the distances ranged between 0.61 m and 1.22 m (2 ft. and 4 ft.). He clarified that the openings in question are m 2 (38.5 in 2 ). The Commission asked the Agent if the vent assembly had been tested for a 45-minute fire

4 - 4 - resistance rating. The Agent replied that it had not been tested but, in his opinion, the fact that the assembly is constructed using stainless steel and that it is a completely sealed unit infers that the assembly would provide a minimum of a 45-minute rating. The Agent referred to a letter of opinion, from a professional engineer, which stated that the vent system would meet the 45- minute fire resistance requirement of the Building Code. In response to the Commission s request for further information, the Applicant submitted a site plan showing each of the subject houses, the location of the side wall vent termination and the corresponding limiting distances between lot lines. At the continuation of the hearing, the Agent stated that the vent terminations will be staggered and will not be positioned immediately opposite one another in adjacent buildings. He elaborated on this statement by adding that the openings will be staggered horizontally, vertically or a combination of the two. In clarification, the Agent informed the Commission that the openings are mm (7 in.) in diameter and will be separated a minimum of 127 mm (5 in.) from edge to edge. As a further point of clarification, the Agent confirmed that the exterior cladding material for the houses in question is a non-combustible masonry veneer that will be a minimum of 88.9 mm (3½ in.) thick. The Commission referenced the Manufacturer s Installation Manual, which was included in the Applicant s submission, and questioned how the installation procedures will be met. Specifically, the reference, at page 9, which sets out limits for obstructions and the reference of providing at least a 0.61 m (24 in.) clearance from the front of the hood termination. The Agent responded to this inquiry by stating that this reference referred mostly to obstructions such as bushes or trees. The houses in question have a stone walking surface between them and there is only 1.22 m (4 ft.) between the homes, in his view it is unlikely that planted material would obstruct the vent. In summation, the Agent maintained that the vent terminations will provide a 45-minute fire resistance rating and referenced a letter of support from a professional engineer. He indicated that the Applicant is willing to stagger the positioning of the vent terminations and also noted that the vent terminations will be equipped with a cool touch anti-scald/anti-burn cap, which has been tested to CSA standards. He argued that sufficiency of compliance with the Building Code requirements will be achieved in this instance. 4. Respondent s Position The Designate for the Respondent submitted that the Building Code stipulates the maximum percentage of unprotected openings in an exposing building face with a limiting distance of less than 1.2 m to be 0%. He further submitted that Sentence (2) states that an opening in an exposing building face of not more than m 2 (20 in 2 ) shall not be considered an unprotected opening. The opening for this vent termination, he noted, is m 2 (38.5 in 2 ) and should therefore be considered an unprotected opening. He referenced Sentence (1) as requiring openings to be protected by a closure. However, since this is a vent termination for a gas-fired direct vent appliance, no closure is permitted. The Designate also expressed a concern with the possibility of vent openings being installed directly across from one another. The Designate advised that the Municipality had not been provided with any test results to prove that a 45-minute fire resistance rating is being achieved. In response to the Applicant s submission of the further information as requested by the Commission, the Designate reiterated his concerns with respect to the openings being more than double the allowable size for unprotected openings and also reiterated that the Municipality has not received any approved test results to confirm that the installation of the venting system

5 - 5 - will meet a 45-minute fire resistance rating. In summation, the Designate for the Respondent expressed his concerns with respect to the size of the openings for the vent terminations being more than the allowable limit stipulated in the Building Code. 5. Commission Ruling It is the Decision of the Building Code Commission that the proposed direct vent fireplace sidewall terminations, constructed of type 304 stainless steel and located in walls having a limiting distance ranging from 0.55 m to 1.2 m provide sufficiency of compliance with Articles and of the Building Code at the Village at York University (Tribute Communities), Murray Ross Parkway and Sentinel Road, Toronto, Ontario, on condition that: a) The exterior walls in which the vent terminations are situated shall consist of noncombustible masonry cladding. b) The direct vent fireplace systems are installed in accordance with the requirements contained in the manufacturer s installation manual. c) Where vent openings are located in opposite facing walls having a limiting distance ranging from 0.55 m to 1.2 m, the vents are to be offset by a minimum of mm (18 in) from edge to edge such that the openings are staggered and will not be positioned across from one another. d) All vent terminations will include an anti-scald/anti-burn cap feature that will limit surface temperatures so as to prevent burning upon contact. 6. Reasons i) The sidewall termination assembly for the proposed fireplaces consists of a type 304 stainless steel vent termination, an inner mm (4 in) diameter galvanized steel pipe, a mm (7 in) diameter galvanized steel outer air conduit pipe, ( mm thickness), a galvanized steel zero clearance sleeve ( mm thickness), and a galvanized steel firestop spacer ( mm thickness). ii) The proposed assembly forms a galvanized steel box behind the stainless steel vent termination. The seams of the joints between the wall sleeve, plate and pipe will be sealed with high temperature sealants. iii) The proposed vent termination, in combination with the zero clearance sleeve and firestop spacer will provide a barrier to flame infiltration. iv) The Commission is satisfied that, subject to the implementation of the conditions noted above, sufficiency of compliance with the provisions of the Building Code will be achieved.

6 - 6 - Dated at Toronto this 4 th day in the month of April in the year 2005 for application number Tony Chow, Chair Susan Friedrich Gary Burtch

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