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 Articles and of Regulation 350/06, as amended, (the Building Code). AND IN THE MATTER OF an application by Dick Splinter, Braebury Homes, for resolution of a dispute with Terry Willing, Chief Building Official, City of Kingston, to determine whether the proposal to include unprotected openings in the exposing building faces in multiple units of a two storey townhouse building, where there are limiting distances of less than 1.2 m between fire compartments of the same property, provides sufficiency of compliance with Articles and of the Building Code at Blocks 88 and 90, Crossfield Avenue, City of Kingston, Ontario. APPLICANT RESPONDENT PANEL PLACE Dick Splinter Braebury Homes Kingston, ON Terry Willing Chief Building Official City of Kingston Tony Chow, Chair Gary Burtch Mina Tesseris Toronto, Ontario DATE OF HEARING November 8, 2007 DATE OF RULING November 8, 2007 APPEARANCES Dick Splinter Braebury Homes Kingston, ON The Applicant Steve Murphy Deputy Chief Building Official City of Kingston Designate for the Respondent Lisa Capener-Hunt Building Official City of Kingston Designate for the Respondent

2 - 2 - RULING 1. Particulars of Dispute The Applicant has received a permit under the Building Code Act, 1992 and is constructing a two storey building that is to be comprised of four, two storey townhouses. The subject building is described as having a Group C, residential major occupancy that will be two storeys in building height. The building area is 264 m 2 and the building will be comprised of combustible construction material. The subject building is not equipped with a sprinkler system, a fire alarm system or a standpipe and hose system. The Applicant is of the opinion that the townhouse units are units within the same building, therefore, he has cited Article of the Building Code as allowing unprotected openings provided they are more than 1.2 m apart. It is the opinion of the Respondent that the townhouse units are individual units within separate buildings, therefore, he has cited Article of the Building Code which does not permit glazed openings within 1.2 of the limiting distance line in an exposing building face unless the opening is protected. The design of this building is based on the 2006 edition of the Building Code. The drawings submitted to the Commission with the Application for Hearing did not include the line to which limiting distance would be measured. The matter in dispute between the parties appears to relate to the spatial separation between houses and glazed openings in exposing building faces. However, based on the information submitted by both parties, the specifics of the dispute were not entirely clear to the Commission. It was particularly unclear whether this building has been designed as one building on one lot with four units or four buildings on four separate lots. The design assumption behind this project is an important matter that needs to be clarified in order for the Commission to fully comprehend the specific issue in dispute. 2. Provisions of the Building Code in Dispute Exterior Walls Meeting at an Angle (1) Except as provided in Article , where exterior walls of a building meet at an external angle of less than 135, the horizontal distance from an opening in one wall to an opening in the other wall shall be not less than mm where the openings are in different fire compartments. (2) The exterior wall of each fire compartment referred to in Sentence (1) within the mm distance, shall have a fire-resistance rating not less than that required for the interior vertical fire separation between the compartment and the remainder of the building Glazed Openings in Exposing Building Face (1) Except as provided in Sentences (3) to (5), the maximum area of glazed openings in an exposing building face shall, (a) conform to Table , (b) conform to Subsection , or

3 - 3 - (c) be equal to or less than the limiting distance squared. (2) Where the exposing building face is divided into individual portions as described in Subclause (1)(b)(iii), (a) the maximum glazed area of each individual portion shall be determined in accordance with Sentence (1), (b) the maximum aggregate glazed area for the entire exposing building face shall be the sum of the individual maximum glazed areas determined from Clause (a), and (c) except as required in Sentence (4), the maximum aggregate glazed area determined in Clause (b) is permitted to be distributed anywhere on the exposing building face. (3) The limits on area of glazed openings shall not apply to the exposing building face of a dwelling unit facing a detached garage or accessory building where, (a) the detached garage or accessory building serves only one dwelling unit, (b) the detached garage or accessory building is located on the same property as that dwelling unit, and (c) the dwelling unit served by the detached garage or accessory building is the only major occupancy on the property. (4) Except as permitted in Sentence (5), 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. (5) An opening in an exposing building face not more than 130 cm 2 shall not be considered an unprotected opening. Table Maximum Area of Glazed Openings in Exterior Walls of Buildings Containing Only Dwelling Units Forming Part of Sentence (1) Column Maximum Maximum Aggregate Area of Glazed Openings, % of Exposing Building Face Area Total Limiting Distance, m Area of Less than Exposing Building Face, m² Over

4 Applicant s Position The Applicant submitted that the dispute relates to whether unprotected openings are allowed within 1.2 m of the centre line of separate fire compartments. He suggested that by virtue of Article of the Building Code, it would be permissible to have unprotected openings provided the openings were 1.2 m apart. The Applicant further submitted that Article provides three ways in which to comply with this provision. Clause (1)(b) requires conformance to Subsection He submitted that by virtue of Sentence (1) unprotected openings are permitted if the wall faces intersect at an angle of 135 o or greater and added that the design of the subject building meets this criteria. In addition, he stated that Sentences (4) and (5) allows the relocation of the line to which limiting distance is measured and further stated that this option was offered to the municipality in of hopes resolving this issue. The Applicant suggested that the line to which limiting distance is measured can be relocated so as to meet the requirements of the Building Code. Therefore, he believes that there is nothing for the Commission to rule on. He claimed that the municipality is not willing to look beyond Article of the Code and that is why this matter is before the Commission. When questioned as to the design of this project, the Applicant indicated that it has been designed as one building with four individual units and therefore the party walls provide the property line. Under this assumption, the Applicant believes that the proposal to include unprotected openings in the exposing building face not only sufficiently complies with the requirements of the Building Code but fully complies with the requirements of the Building Code. This, in his opinion, is especially true if, by virtue of the Sentences (4) and (5), the line to which limiting distances is measured is relocated. The Applicant agreed that the parties to this dispute are not in agreement as to the basic design assumptions of this building and as such it is not clear which specific provisions of the Code would be applicable to this project. 4. Respondent s Position The Designate for the Respondent submitted that the spatial separation between houses is not in compliance with the Building Code, as Article does not permit glazed openings within 1.2 m of the limiting distance line in an exposing building face unless those openings are protected as per Sentence (4) of the Code. The Designate cited Article of the Building Code as providing definitions for exposing building face and for limiting distance. She indicated that the Code defines limiting distance as the distance from an exposing building face to an imaginary line between fire compartments on the same property. She further indicated that exposing building face is defined as that part of the exterior wall that faces one direction and is located between ground level and the ceiling of its top storey, or, where the building is divided into fire compartments, the exterior wall of a fire compartment that faces one direction. The Designate maintained that, in reviewing the plans submitted for this project, the municipality is of the opinion that the project includes four separate houses (buildings) joined by firewalls. She further maintained that, while this project is currently owned by one entity with individual dwelling units being rented out to tenants, it is entirely possible that the dwelling units could be sold off to separate owners. In fact, she indicated that the municipal planning department has already received an application to permit these buildings to be separated and the units sold off

5 - 5 - individually. Therefore, it is the opinion of the municipality that this property should be designed and constructed as four individual buildings on four separate properties. When questioned, the Designate agreed that the matter at issue between the parties really pertains to the basic design assumptions for the building and that the parties are not in agreement as to the design assumptions. 5. Commission Ruling It is the Decision of the Building Code Commission that, under Clause 24(1)(a) of the Building Code Act, 1992, the Commission does not have the jurisdiction to render a ruling in respect of a disagreement regarding which technical requirements would be applicable. 6. Reasons i) The jurisdiction of the Building Code Commission under s. 24(3) of the Building Code Act, 1992, is to determine a dispute identified in Clause 24(1)(a). The dispute identified in s. 24(1)(a) is one concerning sufficiency of compliance with the technical requirements of the Building Code. ii) The jurisdiction of the Commission under s. 24(3) of the Act relates to the determination of a dispute, and is accordingly limited to a dispute about a particular technical requirement that has been identified by the parties. iii) During the course of the hearing it became apparent that the parties are not in agreement with respect to the basic design assumptions for this building. Consequently, the parties were not in agreement as to which provision of the Building Code was applicable to the subject property. iv) As a result of the inconsistent design assumptions expressed by the parties and the lack of agreement between the parties as to which provision of the Building Code was in dispute, it is not possible for the Commission to render a ruling in respect of which technical requirement is applicable.

6 - 6 - Dated at Toronto this 8 th day in the month of November in the year 2007 for application number Tony Chow, Chair Gary Burtch Mina Tesseris

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