Ruling No.: 20-19-1170
Application No.: B-2020-15
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 Sentence 3.2.5.16.(2) of Division B of Regulation 332/12, as amended, (the “Building Code”).
AND IN THE MATTER OF an application by Erica Leung, for the resolution of a dispute with Will Johnston, Chief Building Official, to determine whether the proposed fire department connection for the new automatic sprinkler system in the garage to be located at the furthest point of the property and 47 m from the nearest fire hydrant for an existing 11 storey, Group C residential building, provides sufficiency of compliance with Sentence 3.2.5.16.(2) of Division B of the Building Code at 70 Spadina Road, Toronto, Ontario.
APPLICANT Erica Leung
Starlight Investments
Toronto, Ontario
RESPONDENT William M Johnston
Chief Building Official/Executive Director
City of Toronto
Toronto, Ontario
PANEL Stephen Wong, Chair
Lisa Miller-Way
Leszek Muniak
PLACE City of Toronto, Ontario, by teleconference
DATE OF HEARING 16 October, 2020
DATE OF RULING 16 October,2020
APPEARANCES Ramy Salama
Principal
Fire Cube Inc.
Mississauga, Ontario
Agent for the Applicant
Kamal Gogna
Director and Deputy Chief Building Official
City of Toronto, Toronto Building
Toronto, Ontario
Designate for the Respondent
Kai Wang, Plans examiner
City of Toronto, Toronto Building
Designate for the Respondent
Laura Boyko
Division Chief
Toronto Fire Services
Toronto Ontario
Designate for the Respondent
RULING
1. Particulars of Dispute
The Applicant has received a building permit under the Building Code Act, 1992, to install a new sprinkler system with a connection to the existing incoming water header in the garage at 70 Spadina Road, Toronto, Ontario. A subsequent proposal by the Applicant was made to relocate the existing fire department connection to the edge of the property line to be closer to an existing fire hydrant. This proposal was rejected for the reason that the proposed relocated fire department connection was 47 m from the closest fire hydrant.
The subject building is a 60 year old 11 storey residential building with one parking level below grade. The building contains an existing 4-inch incoming water supply main and a standpipe system which serves all floor areas of the building and is provided with a fire department connection facing Spadina Road that is approximately 64 m from the nearest fire hydrant.
The construction in dispute centers on Sentence 3.2.5.16.(2) of Division B of the Building Code (the Code), which requires the maximum distance from a fire hydrant to a fire department connection to be 45 m.
2. Provisions of the Building Code in Dispute
3.2.5.16. Fire Department Connections
(2) The fire department connection for an automatic sprinkler system shall be located so that the distance from the fire department connection to a hydrant is not more than 45 m and is unobstructed.
3. Applicant’s Position
The Agent for the Applicant submitted that 70 Spadina Rd. is an existing 60 year old residential building.The building contains an existing 4-inch incoming water supply main and a standpipe system which serves all floor areas of the building and is provided with a fire department connection facing Spadina Road. The existing fire department connection is approximately 64 m from the nearest hydrant.
The Agent reported that the building was issued a notice of violation under the Fire Code Act for lack of compliance with the requirements of the 2015 Ontario Fire Code Part 9 ”Retrofit” Article 9.6.2.15. which requires the addition of automatic sprinkler systems to underground garages.
The Agent explained that a permit application was submitted to the City of Toronto Building Department, which included the design for the new sprinkler system and connection to the existing incoming water header. The Agent indicated that although the existing fire department connection is permitted to remain as-is and provide service for both the standpipe system and the new parking garage sprinkler system, the initial design proposal attempted to improve the existing distance and relocate the fire department connection at the edge of the property line.
The Agent stated that the new proposed location was at the furthest corner of the property and is 47 m from the nearest hydrant. The Agent indicated that the current spacing of street hydrants along Spadina Road is such that from the furthest corner of the property to the north and to the south, the hydrants are still more than 45 m away from the property. The Agent explained that the initial design proposal was rejected for not meeting the 2012 Ontario Building Code Division B, Sentence 3.2.5.16.(2) requirement of 45 m and that according to the building department, relocating the fire department connection made it subject to current building code requirements.
Consequently, the Agent explained, that the permit drawings submittal was revised to indicate reusing the existing fire department connection. The Agent indicated that this revised proposal was subsequently rejected and again, the current building code requirement for the 45 m distance was cited.
The Agent submitted that currently there is no requirement in the Ontario Fire Code which mandates the fire department connection to be retrofitted to meet the current Ontario Building Code requirements
The Agent noted that the building contains an existing sprinkler system in the basement storage area. The Agent explained that the new sprinkler system to be installed in the parking garage will be an extension of the existing sprinkler system and will connect to the same incoming water main and the water main header will be reconfigured to accept the new sprinkler system.
The Agent argued that, under Part 11 of the Building Code, the performance level of the building is being improved with the relocation of the fire department connection to the furthest point on the property that is closest to the fire hydrant.
The Agent further maintained that, due to site conditions and property lines, the fire department connection cannot be moved closer to the hydrant than the proposed 47 m location. By proposing to move the fire department connection the Applicant’s intention is to improve the level of protection for the building occupants.
4. Respondent’s Position
The Designate for the Respondent noted that the dispute centers on Sentence 3.2.5.16.(2) of Division B of the Building Code , which clearly states that the fire department connection for an automatic sprinkler system must be located so that the distance from the fire department connection to the hydrant is not more than 45 m of unobstructed travel. The Designate maintained that the drawings that had been submitted for permit review did not comply with this requirement.
The Designate stated that the following sequence of events occurred during the permit application process:
September 3, 2019: A fire security upgrade permit was issued for the addition of sprinklers to the underground parking garage. At the time of issuance of the permit the fire department connection was noted on the submitted drawings to be within the distance required.
October 11, 2019: An application was made with Toronto Buildings for a revision to the existing fire security upgrade permit to relocate the fire department connection to the edge of the property. The revised drawings were received.
October 24, 2019: The revised permit drawings were reviewed, and a deficiency notice was sent to the applicant.
October 25, 2019 to January 10, 2020: E-mail correspondence stating the existing conditions on site and the requirement for a sprinkler system took place and it was noted that Part 11 of the Building Code does not provide any relief for Sentence 3.2.5.16.(2).
November 27, 2019: A letter was provided to Toronto Fire Services describing the current situation.
December 2, 2019: A letter from Toronto Fire Services was received stating that no approval is to be granted for the violation of the requirement in Sentence 3.2.5.16.(2).
December 24, 2019: The revised drawings were received from the applicant.
January 17, 2020: The permit drawings were reviewed, and a deficiency notice was sent to the Applicant.
The Designate noted that the sprinkler system to be installed in the parking garage is a new system and in accordance with Sentence 11.3.1.2.(1) of the Building Code, new systems and extensions of existing systems must comply with other Parts of the Code. The Designate indicated that because this is a life safety system that is being extended, he would not agree with permitting the new system to match the performance level of the existing system, as referenced in the Appendix note to Article 11.3.3.1. of the Code. The Designate noted that the new sprinkler system covered approximately 75% of the basement area of the building. The Designate also explained that there is no compliance alternative in Part 11 for the provisions of Sentence 3.2.5.16.(2).
In response to questions, the representative for Toronto Fire Services indicated that a typical fire department vehicle carries approximately 300 m of fire hose. The representative indicated that Toronto Fire Services is not in a position to accept a deviation to the maximum 45 m distance required because it would create a longer walking distance and would delay the response of the fire fighters.
5. Commission Ruling
It is the decision of the Building Code Commission that the proposal to locate a fire department connection for a new automatic sprinkler system serving the garage at the furthest point of the property and 47 m from the nearest fire hydrant at 70 Spadina Road, Toronto provides sufficiency of compliance with Sentence 3.2.5.16.(2) of Division B of the Building Code.
6. Reasons
i) The Commission heard evidence that the relocation of the fire department connection is voluntary on the part of the Applicant and it is not required as part of the proposed construction.
The Commission also heard that there are site restrictions due to existing property lines that prevent the Applicant from meeting the 45 m maximum distance, and is voluntarily offering to move the existing connection to the farthest point on the property line which is approximately 47 m from the closest hydrant.
Based on the above, it is the Commission’s opinion, that after the installation of the sprinkler system and the relocation of the fire department connection, that the performance of the building will be improved over the existing performance level.
ii) It is also the Commission’s opinion that relocating the existing fire department connection from its present location 67 m from the closest hydrant to a point 47 m from the closest hydrant provides a significant improvement to the level of fire protection to the building.
Dated at the City of Toronto this 16th day in the month of October in the year 2020 for application number B-2020-15.
Stephen Wong, Chair
Lisa Miller-Way
Leszek Muniak