Citation : Twynstra v. Maxwell 2022 ONBCC 05
Ruling No.: 22-05-1597
Application No.: B-2021-20
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 Sentences 3.3.1.3.(9), 3.3.1.4.(1), Clause 3.3.1.4.(4)(a) and Article 3.3.1.9. of Division B of Regulation 332/12, as amended, (the "Building Code").
AND IN THE MATTER OF an application by Matthew Twynstra, for the resolution of a dispute with Beth Maxwell, Chief Building Official, to determine whether the proposal not to provide a 1-hour fire rating for the public corridors located on the second and third floors of a Group C and Group F3, 20 storey, residential building, provides sufficiency of compliance with Sentences 3.3.1.3.(9), 3.3.1.4.(1), Clause 3.3.1.4.(4)(a) and Article 3.3.1.9. of Division B of the Building Code when considering the definition of "corridor" and "public corridor" as per Article 1.4.1.2. of Division A of the Building Code, at 145 Columbia Street, Waterloo, Ontario.
APPLICANT Matthew Twynstra Project Development Rise Real Estate Burlington, Ontario
RESPONDENT Beth Maxwell Chief Building Official City of Waterloo Waterloo, Ontario
PANEL Stephen Wong, Chair Alison Orr Michael Egberts
PLACE Via video conference
DATE OF HEARING February 15, 2022
DATE OF RULING February 15, 2022
APPEARANCES Matthew Twynstra Project Development Rise Real Estate Burlington, Ontario Agent for the Applicant
Mohammad Mohammad, PE, P.Eng. Manager, East Canada Jensen Hughes Toronto, Ontario Agent for the Applicant
Darota Kuciej Senior Consultant Jensen Hughes Toronto, Ontario Agent for the Applicant
Samantha Awad Building Code Consultant Jensen Hughes Toronto, Ontario Agent for the Applicant
Beth Maxwell Chief Building Official City of Waterloo Waterloo, Ontario The Respondent
Brandon Thompson Manager, Plans Examination City of Waterloo Waterloo, Ontario Designate for the Respondent
Mandy Harris Plans Examiner City of Waterloo Waterloo, Ontario Designate for the Respondent
Colleen Kent Building Standards City of Waterloo Waterloo, Ontario Designate for the Respondent
RULING
1. Particulars of Dispute
The Applicant has applied for a revision to a building permit under the Building Code Act, 1992, to construct a condominium building consisting of a 15 storey and a 20 storey tower above grade on a shared podium at 145 Columbia Street, Waterloo, Ontario.
The subject building of the dispute is the 20 storey sprinklered building that contains a residential Group C major occupancy with a Group F Division 3 major occupancy storage garage located on the basement floor. The building includes a Group A Division 2 subsidiary occupancy located on the ground, second and third floors. The ground floor consists of residential suites, amenity spaces and a management office. The second and third level consist of residential suites with amenity spaces located in the centre of each floor area. It is proposed that the public corridors on the second and third floors leading to two separate exit stairs will traverse through the amenity spaces where the portion of the public corridors within the amenity spaces is unenclosed by partitions.
The construction in dispute involves whether the proposal not to provide a 1-hour fire rating for the public corridors located on the second and third floors of a Group C and Group F3, 20 storey, residential building, provides sufficiency of compliance with Sentences 3.3.1.3.(9), 3.3.1.4.(1), Clause 3.3.1.4.(4)(a) and Article 3.3.1.9. of Division B of the Building Code when considering the definition of "corridor" and "public corridor" as per Article 1.4.1.2. of Division A of the Building Code.
2. Provisions of the Building Code in Dispute
Division A, Article 1.4.1.2.
Public corridor means a corridor that provides access to exit from more than one suite. (See Appendix A.)
Division A, Article 1.4.1.2.
Access to exit means that part of a means of egress within a floor area that provides access to an exit serving the floor area.
Division B, Article 3.3.1.3. Means of Egress
(9) Except as permitted by this Section and by Sentence 3.4.2.1.(2), at the point where a doorway referred to in Sentence (8) opens onto a public corridor or exterior passageway, it shall be possible to go in opposite directions to each of two separate exits.
Division B, Article 3.3.1.4. Public Corridor Separations
(1) Except as otherwise required by this Part or as permitted by Sentence (4), a public corridor shall be separated from the remainder of the storey by a fire separation. (See Appendix A.)
(4) No fire separation is required in a sprinklered floor area between a public corridor and,
(a) except as required by Sentences 3.3.3.5.(9) and 3.3.4.2.(1) and notwithstanding Sentences 3.4.2.4.(2), the remainder of a storey provided the travel distance from any part of the floor area to an exit is not more than 45 m.,
Division B, Article 3.3.1.9. Corridors
(1) The minimum width of a public corridor shall be 1 100 mm.
(2) Except as required by Sentences 3.3.3.3.(2) and (3), the minimum unobstructed width shall be 1 100 mm for every,
(a) corridor used by the public,
(b) corridor serving classrooms, and
(c) corridor in a Group B, Division 2 or 3 occupancy where the corridor
(i) serves a service room,
(ii) serves an administrative area,
(iii) will not be used by non-ambulatory outpatients, or
(iv) will not be used by non-ambulatory residents.
(3) Except as permitted by Sentence (4), obstructions located within 1 980 mm of the floor shall not project more than 100 mm horizontally in a manner that would create a hazard for a person with a visual disability traveling adjacent to the walls in,
(a) an exit passageway,
(b) a public corridor,
(c) a corridor used by the public,
(d) a corridor serving classrooms, or
(e) a corridor serving patients' or residents' sleeping rooms in a Group B, Division 2 or Division 3 occupancy.
(4) The horizontal projection of an obstruction referred to in Sentence (3) is permitted to be more than 100 mm provided the clearance between the obstruction and the floor is less than 680 mm. (See Appendix A.)
(5) If a corridor contains an occupancy, the occupancy shall not reduce the unobstructed width of the corridor to less than its required width.
(6) If a public corridor conforming to Clause 3.4.2.5.(1)(d) contains an occupancy,
(a) the occupancy shall be located so that for pedestrian travel there is an unobstructed width not less than 3 m at all times adjacent and parallel to all rooms and suites that front onto the public corridor, and
(b) the combined area of all occupancies in the public corridor shall be not more than 15% of the area of the public corridor.
(7) Except as provided in Sentence 3.3.3.3.(1), a dead end corridor shall conform to Sentences (8) to (14).
(8) A dead end corridor is permitted in an assembly occupancy where there is a second and separate egress doorway from each room or suite not leading into a dead end corridor.
(9) Except as provided in Sentence 3.3.4.11.(10) and except for corridors served by a single exit as described in Sentence 3.3.4.4.(6), a dead end public corridor is permitted in a residential occupancy provided it is not more than 6 m long.
(10) Dead end corridors in Sentence (9) shall contain no door openings to service rooms containing fuel-fired appliances or rooms that may be considered a hazard.
(11) A dead end public corridor is permitted in a business and personal services occupancy where,
(a) the dead end corridor,
(i) serves an occupant load of not more than 30 persons,
(ii) is not more than 9 m long, and
(iii) is provided with doors having self-closing devices, or
(b) there is a second and separate egress doorway from each room or suite not leading into a dead end corridor.
(12) A dead end corridor is permitted in a mercantile occupancy where,
(a) the dead end corridor,
(i) serves an occupant load of not more than 30 persons,
(ii) is not more than 9 m long, and
(iii) is provided with doors having self-closing devices, or
(b) there is a second and separate egress doorway from each room or suite not leading into a dead end corridor.
(13) A dead end corridor is permitted in a low or medium hazard industrial occupancy where,
(a) the dead end corridor,
(i) serves an occupant load of not more than 30 persons,
(ii) is not more than 9 m long, and
(iii) is provided with doors having self-closing devices, or
(b) there is a second and separate egress doorway from each room or suite not leading into a dead end corridor.
(14) A dead end corridor is permitted in a high hazard industrial occupancy where there is a second and separate egress doorway from each room or suite not leading into a dead end corridor.
(15) Except as otherwise required by this Section, aisles shall be provided in conformance with the Fire Code made under the Fire Protection and Prevention Act, 1997.
3. Applicant's Position
The Agents for the Applicant ("the Agents") submitted that the proposed design includes a public corridor located within amenity rooms on the second and third floors. The proposed public corridor is unenclosed by partitions; has a minimum width of 1 100 mm; and leads to two separate exit stairs. No obstructions would encroach the corridors' path of travel to both exit stairs.
The Agents confirmed that there will be designated areas with demarcated spaces indicating study areas, furniture placement, etc., and would clearly delineate the proposed unenclosed public corridor from the rest of the room. The demarcations would be of contrasting colour with signage indicating the path of travel to exits and would be a configuration that would prevent obstructions in the proposed public corridor. A building manager would be required to oversee that the public corridor's path of travel is clear and not obstructed by use of the adjacent space.
The Agents confirmed that future changes to the building, which may affect Building Code requirements of the unenclosed public corridor, will be enforced through clauses in the condominium rules. These rules would restrict the use of the rooms to those noted in the issued permit plans and would identify required signage that needs to be maintained.
The Agents further submitted that Clause 3.3.1.4.(4)(a) of the Building Code does not require a fire separation in a sprinklered floor area between a public corridor and the remainder of a storey provided the travel distance from any part of the floor area to an exit is not more than 45 m.
3. Respondent's Position
The Designates for the Respondent ("the Designates') submitted that persons within the assembly occupancy rooms will interrupt the continuity of the public corridor. The normal use of the space will create obstructions that will obstruct the path of travel to the two exits. The Designates noted that due to the obstructions, the public corridor is not considered to be continuous through the amenity rooms.
The Designates further noted that doors are proposed to separate the rooms of assembly occupancy from the public corridor which, if closed, would restrict access to the two required exits.
The Designates suggested that the use of the assembly rooms may result in conflicting signage that could confuse a guest or visually impaired occupant from understanding how to exit the building. Additionally, the Designates raised concerns about maintenance of the demarcations and signages, such as carpet replacement removing demarcation lines, which may inadvertently affect the ability to keep the corridor's path of travel unobstructed and readily recognizable at all times.
The Designates further submitted that once occupancy is issued for the building, control of potential changes of use of the rooms would be difficult which may impede occupants from moving to a safe place during an emergency.
4. Commission Ruling
It is the decision of the Building Code Commission that the proposal not to provide a 1-hour fire rating for the public corridors located on the second and third floors of a Group C and Group F3, 20 storey, residential building, does not provide sufficiency of compliance with Sentences 3.3.1.3.(9), 3.3.1.4.(1), Clause 3.3.1.4.(4)(a) and Article 3.3.1.9. of Division B of the Building Code when considering the definition of "corridor" and "public corridor" as per Article 1.4.1.2. of Division A of the Building Code, at 145 Columbia Street, Waterloo, Ontario.
5. Reasons
i) The Commission heard that the Applicant's proposal is that a demarcated path of travel through a room of assembly occupancy is considered to be part of a public corridor, which will provide residential occupants access to an exit.
The Commission also heard that the assembly spaces, both on the second and third floor levels, through which the path of travel to an exit is proposed, will contain fixed and unfixed furniture, and will permit an occupancy load of up to 60 people. The Commission understands that the proposed use of the assembly spaces is for sports/fitness and study areas.
Sentence 3.3.1.3.(9) of Division B of the Building Code states:
Except as permitted by this Section and by Sentence 3.4.2.1.(2), at the point where a doorway referred to in Sentence (8) opens onto a public corridor or exterior passageway, it shall be possible to go in opposite directions to each of two separate exits.
As per Article 1.4.1.2. of Division A, Public corridor means, "a corridor that provides access to exit from more than one suite. (See Appendix A.)
Functional Statement F10 associated with Sentence 3.3.1.3.(9) states:
To facilitate the timely movement of persons to a safe place in an emergency.
Objective Statement OS3.7 associated with Sentence 3.3.1.3.(9) states:
An objective of this Code is to limit the probability that, as a result of the design or construction of a building, a person in or adjacent to the building will be exposed to an unacceptable risk of injury due to hazards caused by persons being delayed in or impeded from moving to a safe place during an emergency.
It is the Commission's opinion that the proposal to use demarcation lines on the floor to designate path of travel for an unenclosed public corridor through the assembly occupancies lacks permanency and would require maintenance to ensure the demarcations are clearly indicated and recognizable at all times. It is also the Commission's opinion that the demarcations and colour coding, as proposed, would not be suitable for occupants with visual impairments, which could result in delaying or impeding these occupants from accessing an exit during an emergency.
Further it is the Commission's opinion that based on the use of the assembly occupancies, obstructions may be present in the path of travel that could hinder egress leading to an exit.
Therefore, it is the Commission's opinion that the proposed demarcated path of travel through the assembly spaces on the second and third floors of the subject building is not considered a public corridor which provides an access to exit and therefore, does not provide sufficiency of compliance with Sentences 3.3.1.3.(9), 3.3.1.4.(1), Clause 3.3.1.4.(4)(a) and Article 3.3.1.9 of Division B of the Building Code.
ii) The Commission notes that there is the potential for future changes of use for the assembly spaces which would not require a building permit and that enforcement for maintaining the proposed path of travel to an exit would be difficult.
Dated at the City of Toronto this 15th day in the month of February in the year 2022 for application number B-2021-20.
Stephen Wong, Chair
Alison Orr
Michael Egberts