Ruling No.: 24-07-1641
Application No.: B-2024-01
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 Table 11.5.1.1.C., Compliances Alternative 152 (b)(i) and (ii) of Division B of Regulation 332/12, as amended, (the “Building Code”).
AND IN THE MATTER OF an application by Henry McLean, for the resolution of a dispute with Devin Dillabough, Chief Building Official of the Town of Georgina, to determine whether the proposal to provide an interconnected smoke alarm in each dwelling unit contained within a 2-storey, Group C, residential building and not within each bedroom provides sufficiency of compliance with Table 11.5.1.1.C., Compliance Alternative C152 (b)(i) and (ii) of Division B of the Building Code at 981 Lake Drive North, Keswick, Ontario.
APPLICANT Henry McLean Owner Keswick, Ontario
RESPONDENT Devin Dillabough Chief Building Official Town of Georgina Keswick, Ontario .
PANEL Stephen Wong, Chair Michael Egberts Michael Gooch
PLACE via video conference
DATE OF HEARING May 28th, 2024
DATE OF RULING May 28th, 2024
APPEARANCES Henry McLean Keswick, Ontario Applicant
Ryan Rueckwart RPLM Designs Keswick, Ontario Agent for the Applicant
Devin Dillabough Chief Building Official Town of Georgina Keswick, Ontario Respondent
Sydnee Campbell Plans Examiner Town of Georgina Keswick, Ontario Designate for the Respondent
RULING
1. Particulars of Dispute
The Applicant has applied for a change of use permit under the Building Code Act, 1992, to legalize an existing secondary dwelling unit at 981 Lake Drive North, Keswick, Ontario.
The subject building is a 2-storey, Group C, residential building with two dwelling units that were constructed more than 5 years ago.
The construction in dispute involves whether smoke alarms are required to be interconnected and located in the bedrooms for both dwelling units in compliance with the requirements of Table 11.5.1.1.C., Compliance Alternative C152 (b)(i) and (ii) of Division B of the Building Code when a fire-resistance rating of 15 minutes is provided between the units.
Although initially raised as a technical matter in dispute, at the outset of the hearing the parties agreed that the sound rating for the vertical fire separation between the two dwelling units was no longer in dispute. Therefore, the statement for the matters in dispute has been revised as shown on page 1.
2. Provisions of the Building Code in Dispute
11.5.1.1. Compliance Alternatives
(2) A compliance alternative shown in Table 11.5.1.1.A., 11.5.1.1.B., 11.5.1.1.C., 11.5.1.1.D/E. or 11.5.1.1.F. may be substituted for a requirement contained in Part 9 or 12 without satisfying the chief building official that compliance with the requirement is impracticable.
Table 11.5.1.1.C. Compliance Alternatives for Residential Occupancies
Forming Part of Article 11.5.1.1.
C152
9.10.9.14.(1) and (3); 9.10.9.15.(1)
(a) Except as provided in (b) and (c), 30 min fire separation is acceptable.
(b) In a house, 15 min horizontal fire separation is acceptable where,
(i) smoke alarms are installed in every dwelling unit and in common areas in conformance with Subsection 9.10.19., and
(ii) smoke alarms are interconnected.
(c) In a house, the fire-resistance rating of the fire separation is waived where the building is sprinklered.
9.10.19.3. Location of Smoke Alarms (See Appendix A.)
(1) Except as permitted in Article 9.10.19.8., within dwelling units, sufficient smoke alarms shall be installed so that,
(a) there is at least one smoke alarm installed on each storey, including basements, and
(b) on any storey of a dwelling unit containing sleeping rooms, a smoke alarm is installed,
(i) in each sleeping room, and
(ii) in a location between the sleeping rooms and the remainder of the storey, and if the sleeping rooms are served by a hallway, the smoke alarm shall be located in the hallway.
3. Applicant’s Position
The Agent for the Applicant (the Agent) submitted that the building was constructed before 1999, and that when the Applicant purchased the building, the building already contained two dwelling units. The Agent further submitted that the intent of the building permit application is to legalize the existing condition and that no construction work had occurred as a result of the building permit application.
The Agent submitted that there are interconnected smoke alarms between the two units, and in response to questions, confirmed that the smoke alarms were not located within sleeping rooms.
The Agent submitted that the application of Table 11.5.1.1.C., Compliance Alternative C152 (b)(i) and (ii) of Division B of the Building Code is only applicable to the dwelling unit for which the building permit was applied for and not for the building as a whole.
4. Respondent’s Position
The Respondent submitted that the existing fire separation between the two dwelling units is 15 minutes where Table 11.5.1.1.C., Compliance Alternative C152 (b)(i) and (ii) of Division B requires the smoke alarms to be installed in both units, to be interconnected, and to conform with the requirements of Section 9.10.19. of Division B of the Building Code. The Respondent further submitted that Sentence 9.10.19.3.(1) requires smoke alarms to be installed in each storey including basements, in each sleeping room, and in hallways that serve sleeping rooms, and not just in each dwelling unit as the Applicant has proposed.
5. Commission Ruling
It is the decision of the Building Code Commission that the proposal to provide an interconnected smoke alarm in each dwelling unit contained within a 2-storey, Group C, residential building and not within each bedroom does not provide sufficiency of compliance with Table 11.5.1.1.C., Compliance Alternative C152 (b)(i) and (ii) of Division B of the Building Code at 981 Lake Drive North, Keswick, Ontario.
6. Reasons
i) The Commission heard both parties agree that a 15-minute horizontal fire separation has been provided between the 2 dwelling units.
Table 11.5.1.1.C., Compliance Alternative C152 (b)(i) and (ii) of Division B of the Building Code requires that smoke alarms to be installed in both units, to be interconnected, and to conform with Section 9.10.19. Sentence, 9.10.19.3.(1) requires smoke alarms to be installed in each story including basements, in each sleeping room, and in hallways that serve sleeping rooms.
The Commission heard evidence that the required smoke alarms have not been provided and as such. Therefore, the Commission is of the opinion that sufficiency of compliance has not been achieved.
Dated at the City of Toronto this 28th day in the month of May in the year 2024 for application number B-2024-01.
Stephen Wong, Chair
Michael Egberts
Michael Gooch