BUILDING CODE COMMISSION

Transcription

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 Clause (1)(g) of Regulation 350/06, as amended (the Building Code). AND IN THE MATTER OF an application by Rodney Bell, Homeowner, for the resolution of a dispute with Grant Schwartzentruber, Chief Building Official,, to determine whether the as-installed spray applied rigid polyurethane foam, which has not been tested to CAN/ULC S705.1, used to insulate the walls and crawl space of a one storey addition to an existing two storey residential dwelling, provides sufficiency of compliance with Clause (1)(g) of Division B of the Building Code at 4022 Perth Road 107, Shakespeare, Ontario. APPLICANT RESPONDENT PANEL Rodney Bell Homeowner Milverton, ON Grant Schwartzentruber Chief Building Official Tony Chow, Chair Yaman Uzumeri Doug Clancey PLACE Toronto, Ontario DATE OF HEARING August 20, 2009 DATE OF RULING August 20, 2009 APPEARANCES Rodney Bell Homeowner Elmvale, ON The Applicant Dan Clayton President Polyurethane Foam Systems Inc. Agent for the Applicant

2 -2- Grant Schwartzentruber Chief Building Official The Respondent Kathryn Macdonald Building Inspector Designate for the Respondent 1. Particulars of Dispute RULING The Applicant has received an Order to Comply under the Building Code Act, 1992, to remedy certain alleged code at 4022 Perth Road 107, Shakespeare, Ontario. The subject building is an existing two storey residential dwelling unit, with a new, one storey, 4.2 m x 9.1 m addition to the home. The construction in dispute involves the installation of spray-in-place polyurethane foam to insulate the walls of the crawl space and three wall assemblies of the one storey, new addition to the existing residential building. The prescriptive requirements of Clause (1)(g) of the Building Code requires that spray applied rigid polyurethane medium density foam used for thermal insulation be tested to CAN/ULC S The as-installed spray applied rigid polyurethane foam, used to insulate the walls and crawl space of the subject one storey addition has not been tested to CAN/ULC S The issue before the BCC is whether the as-installed polyurethane foam insulation provides sufficiency of compliance with the insulation requirements of the Code. 2. Provisions of the Building Code in Dispute Insulation Materials (1) Except as required in Sentence (2), thermal insulation shall conform to the requirements of, (g) CAN/ULC-S705.1, Thermal Insulation Spray Applied Rigid Polyurethane Foam, Medium Density Material Specification 3. Applicant s Position The Applicant submitted that the subject home is 148 years old and in order to pre-plan for retirement and old age he had wanted to build extra living space on the first level of the home by adding the addition. The applicant explained that he chose to use polyurethane foam to insulate the walls of the addition because of its known energy efficiency; however he was unaware that there were certified and uncertified products. The Applicant further explained that unknowingly, he had hired a gentleman who was not a certified installer of spray foam insulation but further advised that this gentleman has since been certified to install spray foam insulation. However, the Applicant maintained that he was not disputing the fact that uncertified foam had been used in the construction of his addition but that since its installation, he has acquired substantial information to assure him that the foam

3 installed is more than adequate and safe and that he believes it sufficiently complies with the Code. Further, the Applicant argued that the remedy stipulated in the Order to Comply, which is to remove and replace the installed foam with a product in compliance with the Code, would be extremely disruptive now that the addition is substantially complete. The Agent representing the Applicant submitted that he was the president of Polyurethane Foam Systems Inc. and he could speak to the technical data regarding the installed foam insulation. The Agent stated that he was comfortable in guaranteeing the foam s performance in this installation if required. The Agent further submitted that the Canadian Urethane Foam Contractors Association Inc. (CUFCA) had removed samples of the installed spray foam to verify the type of foam used and had tested the installed material as well, and CUFCA s reports state the foam was properly applied. The Agent advised the Commission that the spray applied rigid polyurethane foam, although not tested to CAN/ULC S705.1, achieves equivalent values for Initial Thermal Resistance (R value), toxicity and durability. He informed the Commission that the subject polyurethane foam s Volatile Organic Compound (VOC) emissions conform to CAN/ULC S774 and that the subject foam has also obtained GREENGUARD Indoor Air Quality and GREENGUARD Children & Schools certification. The Applicant maintained that the walls of the one storey addition, where the spray applied rigid polyurethane foam was used to insulate the walls, have been protected by 12.7 mm (½ inch) gypsum board. In response to questions, the Applicant agreed it was the material itself and not the installation of the spray foam insulation that was in dispute. In summary, the Agent and Applicant argued that the spray foam insulation not only meets the intent of the Code in that it does not present a hazard but that the subject insulation s technical data illustrates that its performance achieves sufficiency of compliance with the Code. 4. Respondent s Position The Respondent submitted that the spray applied rigid polyurethane foam was installed on the foundation walls in the crawl space of the addition and also in the exterior framed walls. The Respondent advised that the drawings reviewed in support of the building permit application did not show spray foam insulation but fibre insulation and further, that no request to make a change was received by the building department. The Respondent explained that a building inspector conducting an insulation inspection of the subject addition had noted on the inspection report that Canadian Construction Materials Centre (CCMC) information for the installed spray foam insulation was required. He stated that the information the building department received following the first inspection report was questionable and upon further investigation it was discovered that the installer of the spray foam insulation was not a certified installer, which raised concerns that the material may also not be certified. A test conducted by CUFCA, he advised, later confirmed the installed spray foam was not certified. In response to questions, the Respondent agreed it was the material itself and not the installation of the spray foam insulation that was in dispute.

4 -4- The Respondent in summary, argued that the spray foam used to insulate the crawl space and walls of the addition does not comply with Clause (1)(g) of the Building Code, as the spray foam is not in conformance with CAN/ULC Further, he maintained that as a Chief Building Official he did not have the ability to accept the product unless the proper certification is supplied or an application for an alternative solution is made. 5. Commission Ruling It is the decision of the Building Code Commission that the as-installed spray applied rigid polyurethane foam, which has not been tested to CAN/ULC S705.1, used to insulate the walls and crawl space of a one storey addition to an existing two storey residential dwelling, provides sufficiency of compliance with Clause (1)(g) of Division B of the Building Code at 4022 Perth Road 107, Shakespeare, Ontario on condition that: a) The walls of the crawl space of the one storey addition shall be protected by 12.7 mm (½ inch) cement board. 6. Reasons i) Clause (1)(g) of the Building Code requires that thermal insulation shall conform to the requirements of, (g) CAN/ULC-S705.1, Thermal Insulation Spray Applied Rigid Polyurethane Foam, Medium Density Material Specification. An intent of this clause is to ensure spray applied rigid polyurethane foam will not create a health hazard when installed within buildings of residential occupancy, which are intended to be used on a continual basis during the winter months. The Commission heard evidence and testimony that the spray applied rigid polyurethane foam, although not tested to CAN/ULC S705.1, does achieve equivalent values for Initial Thermal Resistance (R value), toxicity and durability. The Commission was advised that the subject polyurethane foam s Volatile Organic Compound (VOC) emissions conform to CAN/ULC S774 and that the subject foam has also obtained GREENGUARD Indoor Air Quality and GREENGUARD Children & Schools certification. ii) iii) The walls of the one storey addition, where the spray applied rigid polyurethane foam was used to insulate the walls, have been protected by 12.7 mm (½ inch) gypsum board. The wall area that has been insulated using the spray applied rigid polyurethane foam is a small area when considering the wall area of the entire home.

5 Dated at Toronto this 20 th day in the month of August in the year 2009 for application number Tony Chow, Chair Yaman Uzumeri Doug Clancey