Ruling No. 04-32-987 Application No. 2004-24 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 Clause 3.3.2.1.(1)(c) of Regulation 403, as amended by O. Reg. 22/98, 102/98, 122/98, 152/99, 278/99, 593/99, 597/99, 205/00, 283/01 and 220/02 (the Ontario Building Code ). AND IN THE MATTER OF an application by Blair Kohlmeier, Stafford Haensli Architects Inc., for the resolution of a dispute with Doug Robertson, Chief Building Official, Town of Tillsonburg, to determine whether the omission of continuous guards between constructed rows of successive fixed seating provides sufficiency of compliance with Clause 3.3.2.8.(1)(c) of the Ontario Building Code at the Tillsonburg Community Centre and Arena Complex, 45 Hardy Avenue, Tillsonburg, Ontario. APPLICANT RESPONDENT PANEL PLACE Blair Kohlmeier Stafford Haensli Architects Inc. Mississauga, Ontario Doug Robertson Chief Building Official Town of Tillsonburg Tony Chow, Chair John Guthrie Michael Steele Toronto, Ontario DATE OF HEARING July 22, 2004 DATE OF RULING July 22, 2004 APPEARANCES Rick Mori Leber Rubes Inc. Toronto, ON Agent for the Applicant Doug Robertson Chief Building Official Town of Tillsonburg The Respondent
-2- RULING 1. The Applicant Blair Kohlmeier, Stafford Haensli Architects Inc., has received a building permit under the Building Code Act, S.O. 1992, c. 23, as amended, and has undertaken an extensive renovation at the Tillsonburg Community Centre and Arena Complex at 45 Hardy Avenue, Tillsonburg, Ontario. 2. Description of Construction The Applicant has constructed an addition to, and renovation of, a combination Group A, Division 2 and Group A, Division 3 facility, having a building height of 2 storeys and building area of 2 approximately 10,000 m. The structure is comprised of a combination of combustible and noncombustible construction and is partially equipped with both sprinkler and standpipe and hose systems. In addition, a fire alarm system serves the entire building. The construction in dispute involves the fixed seating arrangement where no fixed guard is provided between successive rows of seating. The community centre complex has approximately 750 fixed seats with backs arranged in five tiers with a 600 mm vertical rise between each tier. The risers are constructed of precast concrete steps. The subject stepped seating arrangement has been designed in accordance with NFPA 101 Life Safety Code requirements. The fixed seat backs on each level project 228 mm above the adjacent platform and a clearance distance of approximately 500 mm is provided between the seat backs and the seats above (in the unoccupied position). In addition, handrails will be installed at the centre of the stepped aisles serving the seating areas. 3. Dispute The issue at dispute between the Applicant and Respondent is whether the proposed stepped seating arrangement, that does not include a guard between each successive row of fixed seating, provides sufficiency of compliance with Clause 3.3.2.8.(1)(c) of the Building Code. Clause 3.3.2.8.(1)(c) requires that, where seating is arranged in successive tiers and the rise between the platform measures more than 450 mm, the height of the guards is to be not less than 660 mm along the entire row of seats. As noted above, the rise between platforms measures 600 mm, however, no guard is proposed between the rows of fixed seating. 4. Provisions of the Ontario Building Code Clause 3.3.2.8.(1)(c) (1) Except as required by Sentences (2) to (4) for bleacher seats, guards shall be installed in outdoor and indoor places of assembly with fixed seats so that (c) where the seating is arranged in successive tiers and the height of rise between platforms is more than 450 mm (17¾ in), the height of guards is not less than 660 mm (2 ft 2 in) along the entire row of seats at the edge of the platform.
-3-5. Applicant s Position The Applicant provided the Commission with an overview of the extensive renovation and expansion of the existing facility and highlighted several limitations on the subject construction. He acknowledged the Building Code issue that resulted in this dispute and noted several compensating measures that would ensure the safety of patrons to the stadium. He advised that handrails would be installed in the aisles, bright paint would be applied to the edge of the stairs, and gaps between seat backs would be minimized where possible. He suggested that most falls occur on the stairs rather than in the cross-aisle spaces between seats. In this regard, the handrails at the stepped aisles will increase the overall level of occupant safety, he submitted. The Agent for the Applicant continued by advising that there is a clear 500 mm row width, which exceeds the requirements established in the Building Code. This would also contribute to the safety of the design, he submitted. He noted that seating is limited to 750 persons and exiting can be accomplished safely. The Agent pointed to the similarities between the subject dispute and an earlier ruling of the Building Code Commission involving the Corel Centre in Ottawa. He also noted that the subject proposal meets the requirements of NFPA 101 Life Safety Code which does not require fixed guards between adjacent rows, but admitted that NFPA 101 was not used as the design basis for the entire building. In summation, the Agent for the Applicant argued that the seat back projection above the walking surface of an adjacent row is not mandated by the Building Code. He submitted that, if no seats were present and the rows were limited to standing room only, there would be no requirement for guards at the edge of the platforms. He questioned why guards would be required where seats are present and suggested that tiers of fixed seats, with fixed seat backs, perform in an acceptable manner without the provision of between-row guards. 6. Respondent s Position The Respondent submitted that his primary concern is that the back of the seats represent a tripping hazard as the projection is too low and infringes upon the walking surface of the rows behind. He suggested that this tripping hazard is exacerbated by the lack of guard to protect from falling over the top of seats into the rows below. The Respondent noted that the original design of the seating was not to NFPA 101 and argued that this standard has been used selectively by the Applicant. He submitted that he did not have the authority to permit this alternate design as it deviates from the Building Code and the anticipated acceptance of equivalents as regulated by Section 2.7. of the Code. Although unable to accept the subject proposal, he suggested that by adding handrails in the centre of the stairways, marking the nosing in a contrasting colour and placing guards in any gaps between seats where seat backs are not present, his safety concerns may be somewhat alleviated and a sufficient level of compliance may be achieved. 7. Commission Ruling It is the decision of the Building Code Commission (the BCC ) that the omission of continuous guards between the constructed rows of successive fixed seating provides sufficiency of compliance with Clause 3.3.2.8.(1)(c) of the 1997 Ontario Building Code (the Building Code ) at the Tillsonburg Community Centre and Arena, 45 Hardy Avenue, Tillsonburg, Ontario, on the condition that:
-4-1. The gaps and spaces between seating within rows be provided with guards to the satisfaction of the Chief Building Official; 2. The handrails will be installed at the centre of the stepped aisles as described in the appropriate section of NFPA 101; 3. The leading edge of the steps on the aisle be identified by stripes of contrasting colour. 8. Reasons i) The clear width between the back of seats and the projection of seats in the unoccupied position is 500 mm, being 100 mm greater than the requirement of Clause 3.3.2.8.(1)(c); ii) The back of the seats rise 228 mm above the platform level, which is greater than the dimension of a maximum riser and should minimize the potential of accidental tripping.
Dated at Toronto this 22nd day in the month of July in the year 2004 for application number 2004-24. -5- Tony Chow, Chair John Guthrie Michael Steele