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 Article 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 Marvin Ross, Steilmann Outlet Inc., for the resolution of a dispute with Agris Robeznieks, Chief Building Official, City of Mississauga, to determine whether the as-constructed combustible mezzanine floor joists and stairs constructed in a building required to be of non-combustible construction provides sufficiency of compliance with Article of the Ontario Building Code at Steilmann Outlet Inc., 6075 Mavis Road, Mississauga, Ontario. APPLICANT RESPONDENT PANEL PLACE Marvin Ross Steilmann Outlet Inc Mississauga, Ontario Agris Robeznieks Chief Building Official City of Mississauga Michael Steele, Vice-Chair Fred Barkhouse Donald Pratt Toronto, Ontario DATE OF HEARING September 18, 2003 DATE OF RULING September 18, 2003 APPEARANCES Ken Sketchley Retail Environments Marketing Corp. Toronto, Ontario Agent for the Applicant Frank Spagnolo Manager, Building Engineering & Inspections Mississauga, ON Designate for the Respondent

2 -2- RULING 1. The Applicant Marvin Ross, Steilmann Outlet Inc., has received an order to comply under the Building Code Act, S.O. 1992, c. 23, as amended, to remedy certain alleged deficiencies with respect to the construction of a mezzanine located at Steilmann Outlet Inc., 6075 Mavis Road, Mississauga, Ontario. 2. Description of Construction The Applicant has constructed a mezzanine in a retail space located in a multi-tenant mercantile building having a Group E occupancy. The entire mercantile building has a building area of approximately 20,288 m 2, while the tenant space has a retail area of approximately 280 m 2, while the mezzanine measures approximately 15 m 2. The building is comprised of non-combustible construction, while the mezzanine has been constructed of combustible material. The building is equipped with both a sprinkler and a standpipe and hose system. The issue at dispute before the Building Code Commission concerns the use of wood construction for the mezzanine and its associated means of egress. It should be noted that the mezzanine floor joists and means of egress have been constructed of combustible material (wood). This is an issue because the Ontario Building Code (OBC) requires that a mezzanine, located in a building that is required to be of non-combustible construction, also be comprised of non-combustible material. 3. Dispute The issue at dispute between the Applicant and Respondent is whether the as-constructed combustible mezzanine floor joists and stairs constructed in a building required to be of non-combustible construction provides sufficiency of compliance with Article of the Ontario Building Code. With a building area of 20,288 m 2, and a Group E occupancy classification, the construction of the building in question is regulated by Article of the OBC. This Article requires the building to be sprinklered and comprised of non-combustible construction. In addition, this Code requirement also mandates that mezzanines, where provided, be protected with a fire-resistance rating not less than 1 hour. Further to the requirements for non-combustible construction cited in Article , Sentence (1) of Article of the OBC states that a building, or part of a building, required to be of non-combustible construction shall be constructed with non-combustible materials, except for materials and components listed in Articles to , and Of the exemptions listed in Sentence (1), only Article addresses combustible mezzanines. As detailed in this Article, a combustible mezzanine is permitted in a building required to be of non-combustible construction only if the mezzanine is located within a live/work unit (Group C residential occupancy) and is withing the limits stipulated. Despite this, Article does not apply to the issue at dispute, as the building in question is a mercantile occupancy and not a live/work unit. 4. Provisions of the Ontario Building Code Noncombustible Materials

3 -3- (1) Except as permitted by Articles to , and , a building or part of a building required to be of noncombustible construction, shall be constructed with noncombustible materials. 5. Applicant s Position The Agent for the Applicant began by offering a brief overview of the mezzanine at dispute. He advised that a permit for its construction was issued by the City of Mississauga s Planning and Building Department based on submitted drawings that indicated the use of wood joists and a means of egress that was also proposed to be of wood construction. As per the Agent, upon inspection of the mezzanine in question, the building inspector requested that a 1 hour fire separation, as well as sprinklers, be provided to protect the as-constructed mezzanine. As detailed by the Agent, the Applicant has accommodated these requests and, despite this, the City of Mississauga still believes that the asconstructed mezzanine in question violates the provisions outlined in the OBC. The Agent continued by submitting that the City of Mississauga s Fire Marshall has advised that he has no concerns with the combustible components used to construct the mezzanine, as sprinkler protection has been provided. As detailed by the Agent, sprinklers have been provided on the underside of the mezzanine, with the exception of the underside of the means of egress. As per the Agent, the Applicant is cognizant of the fact that the materialistic property of the asconstructed mezzanine is not in compliance with the Code. Despite this, he advised that the Applicant is seeking a compromise from the Building Code Commission, because he does not want to tear down the structure in its entirety. When questioned as to what measures the Applicant would be willing to take in order to reach a compromise, the Agent submitted that additional sprinklers could be provided and that the existing means of egress could be replaced with metal. In summary, the Agent for the Applicant submitted that a permit issued by the City of Mississauga allowed for the construction for the mezzanine in question. He advised that the Applicant has already accommodated the City of Mississauga s requests and, as such, believes that a compromise should be made so that the structure does not have be removed. 6. Respondent s Position The Designate for the Respondent submitted that although a building permit was issued for the mezzanine in question, construction of the structure commenced prior to its issuance. Furthermore, he submitted that the permit was issued in error and advised that an Order to Comply was issued immediately after having made this discovery. The Designate followed this by advising that, in his opinion, the as-constructed mezzanine does not provide sufficiency of compliance with the Code even though a 1 hour fire resistance rating and sprinkler protection have been provided. He submitted that although he is sympathetic to the Applicant s situation, the City of Mississauga s Planning and Building Department is responsible for enforcing the requirements of the OBC. As per the Designate, the requirements of the Code are clear on this matter and the as-constructed mezzanine is not permitted. He submitted that the combustible mezzanine in question would be permitted if the building was smaller, but that this is simply not the case.

4 -4-7. Commission Ruling It is the decision of the Building Code Commission that the as-constructed combustible mezzanine floor joists and stairs constructed in a building required to be of noncombustible construction provides sufficiency of compliance with Article of the Ontario Building Code at Steilmann Outlet Inc., 6075 Mavis Road, Mississauga, Ontario. 8. Reasons i) The combustible floor assembly complies with the required fire resistance rating. ii) iii) iv) Additional sprinklers will be installed at the underside of the mezzanine stairs. The size of the mezzanine is such that the fire load contributed by the combustible material is minimal. The mezzanine will be removed upon change of tenancy.

5 -5- Dated at Toronto this 18th day in the month of September in the year 2003 for application number Michael Steele, Vice-Chair Fred Barkhouse Donald Pratt