BUILDING CODE COMMISSION

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1 Ruling No Application No. B 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 with Article when considering Sentence (4) of the Regulation 350/06, as amended, (the Building Code). AND IN THE MATTER OF an application by Henry Lowry, Ontarinns Woodstock Inc., for the resolution of a dispute with Craig Wallace, Chief Building Official, City of Woodstock, to determine whether the proposal to fire stop non-combustible electrical outlet boxes, which penetrate a wall assembly that is required to have a fire resistance rating, with wood framing, provides sufficiency of compliance with Article when considering Sentence (4) of the 2006 Building Code at Microtel Inn & Suites, 811 Athlone Ave., Woodstock, Ontario. APPLICANT RESPONDENT PANEL PLACE Henry Lowry Ontarinns Woodstock Inc., Craig Wallace Chief Building Official City of Woodstock Yaman Uzumeri, Chair-Designate Gerry Egberts Marina Huissoon Toronto, Ontario DATE OF HEARING April 9, 2009 DATE OF RULING April 9, 2009 APPEARANCES Henry Lowry Ontarinns Woodstock Inc., The Applicant Craig Wallace Chief Building Official City of Woodstock 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 74 room hotel at Microtel Inn & Suites, 811 Athlone Ave., Woodstock, Ontario. The subject building is 3 storeys in building height, 1, 146 m² in building area, comprised of combustible construction, classified as a Group C major occupancy, and is equipped with a sprinkler system and a fire alarm system. Sentence (1) of the Building Code requires that where building service items penetrate a fire separation or a membrane of a rated fire separation, a fire stop system tested in accordance with ULC-S115, Fire Tests for Firestop Systems having an F rating not less than the fireprotection rating for closures in conformance with Table must be provided, or the penetrating items must be tightly fitted. Sentence (6) requires outlet boxes that penetrate opposite sides of a rated fire separation to be offset where necessary in order to maintain the integrity of the fire separation. Sentence (4) outlines permissible firestop materials to be used for concealed spaces. The dispute involves the firestopping requirements of the Code for noncombustible outlet boxes penetrating fire separations. The construction in dispute relates to the Applicant s proposal to offset the outlet boxes that penetrate both sides of a wall assembly that is required to have a fire resistance rating, and separate the outlet boxes by wood framing i.e. 38 mm wood studs filled with glass fibre insulation. The issue in dispute is whether this proposed installation achieves sufficiency of compliance with Article of Division B of the Building Code. 2. Provisions of the Building Code in Dispute Fire Stopping of Service Penetrations (1) Except as required by Sentence (2), piping, tubing, ducts, chimneys, optical fibre cables, electrical wires and cables, totally enclosed noncombustible raceways, electrical outlet boxes and other similar building services that penetrate a fire separation or a membrane forming part of an assembly required to have a fire-resistance rating, shall be, (a) sealed by a fire stop system that, when subjected to the fire test method in ULC- S115, Fire Tests for Fire Stop Systems, has an F rating not less than the fireprotection rating required for closures in the fire separation in conformance with Table , or (b) tightly fitted Fire Stop Materials (4) In a building permitted to be of combustible construction, in a combustible roof system permitted by Sentence (2), and in a raised platform permitted by Sentence (2), materials used to separate concealed spaces into compartments are permitted to be, (a) solid lumber not less than 38 mm thick, (b) phenolic bonded plywood, waferboard, or strandboard not less than 12.5 mm thick with joints supported, or

3 -3- (c) two thicknesses of lumber, each not less than 19 mm thick with joints staggered, where the width or height of the concealed space requires more than one piece of lumber not less than 38 mm thick to block off the space. 3. Applicant s Position The Applicant stated that noncombustible outlet boxes were not recognized by the Building Code. He submitted that Sentence (6) requires outlet boxes to be offset to maintain the integrity of the fire separation and in the subject construction, offset, noncombustible outlet boxes have been installed to assure the integrity of the fire separation. The Applicant argued that as per Sentence (4) of the Code, a wood stud of 38 mm is a permitted fire stop material. Therefore, it is his opinion, that the wood framing used in the construction of the subject wall assembly, where the cavity has been filled with glass fibre insulation, provides an adequate fire stop, providing the outlet boxes are not installed on opposite sides of the fire separation within the same stud space. The Applicant advised the Commission that there was currently a proposed change to Sentence (6) of the National Building Code, whereby noncombustible electrical outlet boxes would not need to meet the requirements of Article of the National Building Code, provided they do not exceed a specified size and coincide with location limitations. The Applicant submitted that the rationale for exempting noncombustible electrical outlet boxes and switches from the application of Article included that the equipment and openings are deemed to insignificantly contribute to the growth and spread of fire. In response to questions, the Applicant stated that the perimeter of the noncombustible outlet boxes would be sealed with a fire stop caulking. In summary, it was the Applicant s position that offsetting the noncombustible outlet boxes penetrating the fire rated wall assembly, and sealing the perimeter of the outlet boxes with a fire stop caulking along with having constructed the wall assemblies with 38 mm wood studs filled with glass fibre insulation achieves sufficiency of compliance with the Building Code. 4. Respondent s Position The Respondent submitted that Clause (1)(a) of the Building Code states that electrical outlet boxes that penetrate a fire separation or an assembly required to have a fire resistance rating, shall be sealed with a fire stop system. The Respondent maintained that the fire stop system must be tested in conformance with ULC- S115 for vertical assemblies and CAN4-S115-M for horizontal assemblies. He argued that in the subject building s construction, the electrical outlet boxes located in vertical or horizontal assemblies requiring a fire resistance rating must be sealed with a fire stop system that has achieved a rating of 45 minutes in the aforementioned tests. The Respondent submitted that the reason the Woodstock Building Department had not accepted the Applicant s proposal is that a tested fire stop system had not been used to seal the outlet boxes as required by Section of the Building Code and therefore, in his opinion, it does not comply with the Code.

4 -4-5. Commission Ruling It is the Decision of the Building Code Commission that the proposal to fire stop non-combustible electrical outlet boxes, which penetrate a wall assembly that is required to have a fire resistance rating, with wood framing, provides sufficiency of compliance with Article when considering Sentence (4) of the 2006 Building Code at Microtel Inn & Suites, 811 Athlone Ave., Woodstock, Ontario. 6. Reasons i) Sentence (1) of the Building Code states, electrical outlet boxes and other similar building services that penetrate a fire separation or a membrane forming part of an assembly required to have a fire-resistance rating, shall be, (a) sealed by a fire stop system that, when subjected to the fire test method in ULC- S115, Fire Tests for Fire Stop Systems, has an F rating not less than the fireprotection rating required for closures in the fire separation in conformance with Table , or (b) tightly fitted. The Commission was advised that the perimeter of the non-combustible outlet boxes would be sealed with a fire stop caulking. It is the Commission s opinion that the subject non-combustible electrical outlet boxes when sealed with a fire stop caulking are considered to be tightly fitted, thereby providing sufficiency of compliance with Clause (1)(b) of the Code. ii) Sentence (6) states, outlet boxes that penetrate opposite sides of a wall assembly shall be offset where necessary to maintain the integrity of the fire separation. The Commission was advised that the electrical outlet boxes are offset to maintain the integrity of the fire separation. iii) Clause (4)(a) of the Code permits fire stop materials used to separate concealed spaces into compartments in a building of combustible construction to be solid lumber not less than 38 mm thick. The Commission was advised that the subject wall assemblies required to have a fire resistance rating are comprised of wood studs not less than 38 mm thick and that the wall cavities have been filled with glass fibre insulation.

5 -5- Dated at Toronto this 9 th day in the month of April in the year 2009 for application number Yaman Uzumeri, Chair-Designate Gerry Egberts Marina Huissoon