BUILDING CODE COMMISSION

Transcription

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 Sentence (4) of Regulation 403, as amended by O. Reg. 22/98, 102/98, 122/98, 152/99, 278/99, 593/99, 597/99, 205/00 and 283/01 (the Ontario Building Code ). AND IN THE MATTER OF an application by Bill Campbell, Chairman of Finances, The Glengarry Highland Games, for the resolution of a dispute with Gerald Murphy, Chief Building Official, Township of North Glengarry, to determine whether the two proposed, unsprinklered grandstand buildings, which will include Group D and Group A, Division 2 occupancies beneath a Group A, Division 4 major occupancy, provide sufficiency of compliance with Sentence (4) of the Ontario Building Code at the Glengarry Highland Games at the 2003 Grandstands and Site Improvements, Maxville, Ontario. APPLICANT RESPONDENT PANEL PLACE Bill Campbell Chairman of Finances The Glengarry Highland Games Maxville, Ontario Gerald Murphy Chief Building Official Township of North Glengarry Michael Steele, Vice-Chair Tony Chow Gary Burtch Toronto, Ontario DATE OF HEARING January 23, 2003 DATE OF RULING January 23, 2003 APPEARANCES Geoff Smith, The Thompson Rosemount Group Cornwall, Ontario Agent for the Applicant

2 -2- RULING 1. The Applicant Bill Campbell, Chairman of Finances, The Glengarry Highland Games, has received a building permit under the Building Code Act, S.O. 1992, c. 23, as amended, and is constructing two grandstand buildings at the 2003 Grandstands and Site Improvements, Maxville, Ontario. 2. Description of Construction The Applicant is constructing two grandstand buildings. The first building, Building A, is two storeys in building height and approximately 201 m 2 in building area. The ground level has a Group D and Group A, Division 2 occupancy, while the second level, which consists of a portion of open air seating, has a Group A, Division 4 occupancy. The second building, Building B, which has a building area of 230 m 2, consists of 13 rows of bench type seating with direct access to the ground floor from the entire front elevation. Building B has a Group A, Division 2 occupancy on the ground level and a Group A, Division 4 occupancy on the second level. Both buildings are comprised of non-combustible construction. The proposed grandstand buildings are being constructed to provide additional facilities for the Glengarry Highland Games in Maxville, Ontario. The Glengarry Highland Games is an annual event that is host to athletes and spectators from around the world. The proposed grandstand buildings will provide additional spectator areas with protection from the sun and elements. The construction in dispute involves the requirement to sprinkler below the tiered seating assemblies (herein bleachers) in both of the proposed grandstand buildings. The Applicant contends that the proposed grandstand buildings should be exempt from the sprinkler requirement due to the lack of an available municipal water source and the limited use of the two structures. 3. Dispute The issue at dispute between the Applicant and Respondent is whether the two proposed, unsprinklered grandstand buildings, which will include Group D and Group A, Division 2 occupancies beneath a Group A, Division 4 major occupancy, provide sufficiency of compliance with Sentence (4) of the Ontario Building Code (OBC). Sentence (4) of the OBC mandates that sprinklers be installed in all spaces below tiers of seats in a building classified as Group A, Division 4 if those spaces are used for occupancy. The term occupancy, as defined in the Code, means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. Sentence (4) is applicable in both of the proposed grandstand buildings since the spaces below the bleachers are in fact intended for various Group D and Group A, Division 2 occupancies. For instance, the ground floor of Building A includes business and personal services, such as a treasurer s office and a washroom, while the ground floor of Building B will have a washroom/change room. The Appendix to Sentence (4), while not formally part of the OBC, provides useful information to the case at hand, because it identifies some of the various spaces that must be sprinklered as per Sentence (4) of the Code. Appendix A (4) states that; [s]paces in a building of Group

3 -3- A, Division 4 occupancy, that are intended to be equipped with sprinklers include, but are not limited to, dressing and changing rooms, concession stands and areas, toilet rooms, locker rooms, storage areas, service rooms, offices and other spaces that provide service to the building. 4. Provisions of the Ontario Building Code Group A, Division 4 (4) Sprinklers shall be installed in all spaces below tiers of seats in a building classified as Group A, Division 4 if those spaces are used for occupancy. (See Appendix A.) 5. Applicant s Position The Agent for the Applicant began by submitting that the Glengarry Highland Games is an important cultural event for the village of Maxville, surrounding communities and the Province. He added that spectator needs have changed since the start of the Games in 1948 and that the proposed grandstand buildings are being constructed to provide additional spectator viewing areas. The Agent continued by stating that the Applicant has several reasons as to why the proposed grandstand buildings should be exempt from the sprinkler requirement outlined in Sentence (4) of the Code. The first of such reasons, as identified by the Agent, is the lack of an available water supply. The Agent stated that the existing site does not have any municipal water available and therefore it would be necessary to have extensive servicing work done in order to provide for sprinklering in the proposed structures. The Agent coupled this with the cost of installing sprinklers, which has been estimated at approximately $240,000. The Agent stated that since the estimated construction cost of the two buildings is $85,000, the additional costing to provide sprinkler protection would ultimately impact the feasibility of the entire project. The Agent also submitted that the proposed grandstand buildings should be exempt from the sprinkler requirement on the basis that both buildings will be constructed of non-combustible materials. The Agent advised that spectator seating areas and second floor spaces in both buildings will be constructed utilizing concrete slabs supported by structural steel framing. The perimeter walls and partitions will also be framed with hollow block masonry and metal stud wall framing. The Agent added that the spaces below the bleachers would be totally constructed with non-combustible materials and that therefore there would very limited materials within the spaces that would pose a threat of fire. The Agent also noted that the floor assemblies separating the ground and second floor seating areas in both of the proposed buildings have been designed and detailed to provide a minimum two hour fire resistance rating, which is not required under the Code. Finally, the Agent stated that the sprinkler requirement be waived on the basis that the proposed buildings will be of minimal use, since the Glengarry Highland Games takes place on the first weekend of August for three days. According to the Agent, the infrequent use of the proposed facilities further minimizes fire risk. In summary, the Agent argued that the proposed grandstand buildings should be exempt from the sprinkler requirement outlined in Sentence (4) of the OBC due to the lack of an available water supply and the costs associated with installing the sprinklers. Furthermore, the Agent added that the buildings will be constructed of non-combustible materials and therefore do not pose a significant threat

4 -4- of fire. Finally, the Agent argued that the requirement to sprinkler the proposed grandstand buildings be waived on the basis that the buildings will be used on a minimal basis. 6. Respondent s Position The Respondent submitted that Sentence (4) of the OBC clearly states that sprinklers shall be included in all spaces below tiers of seats in buildings classified as Group A, Division 4, if those spaces are used for occupancy. The Respondent added that the Code defines the term occupancy as the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. The Respondent stated that the plans submitted by the Applicant do in fact show occupancy under the bleachers in both of the proposed grandstand buildings; however, the required sprinkler system is not shown on these plans. The Respondent stated that the proposed grandstand buildings are classified as Group A, Division 4 occupancy and, as such, any space below the bleachers is required to be protected with sprinklers as per Sentence (4) of the Code. The Respondent also made reference to a conversation that he had with the Applicant party in which the Applicant mentioned the possibility of an exemption from the sprinkler requirement, based on the limited use of the buildings and the fact that the buildings are not heated. The Respondent stated that while exemptions to Code requirements may be granted in some cases, he did not have the authority to grant such a variance from the provisions outlined in the OBC. In summary, the Respondent argued that the proposed grandstand buildings are required to be equipped with sprinklers as detailed in Sentence (4) of the Code. The Respondent also added that he is not in the position to exempt the Applicant from the requirement to sprinkler the proposed grandstand buildings. 7. Commission Ruling It is the decision of the Building Code Commission that the non-combustible bleachers and second floor construction supported by a structural system providing a 2 hour fire resistance rating offered in lieu of the sprinklering of the space below, provides sufficiency of compliance with Sentence (4) of the Ontario Building Code at the 2003 Grandstands and Site Improvements, Maxville, Ontario. 8. Reasons i) The proposed buildings are to be entirely of non-combustible construction. ii) The proposed bleachers and second floor construction, including their supporting structural system, provide a fire resistance rating of 2 hours in lieu of sprinklering the spaces below. The 2 hour fire separation provides a greater degree of fire resistance rating than the minimum required under the Ontario Building Code.

5 -5- Dated at Toronto this 23rd day in the month of January in the year 2003 for application number Michael Steele, Vice-Chair Tony Chow Gary Burtch