Ruling No. 02-13-868 Application No. 2002-11

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 Articles 3.2.2.9. and 3.2.2.28. 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 Randi Glos, President, Randi Glos Architect Inc. for the resolution of a dispute with Edward J. Link, Commissioner of Building Development Services, City of Windsor, to determine whether the proposed additions that include crawl space areas which contain mechanical rooms housing HVAC equipment venting to the exterior is permitted to be governed by the construction requirements of Article 3.2.2.28. of the Ontario Building Code when considering Article 3.2.2.9. at the Jefferson Child Care Centre, 2605 Jefferson Blvd., Windsor, Ontario.

APPLICANT Randi Glos President Randi Glos Architect Inc.

RESPONDENT Edward J. Link Chief Building Official City of Windsor

PANEL Kenneth Peaker, Chair Robert De Berardis Tony Chow

PLACE Toronto, Ontario

DATE OF HEARING May 23rd, 2002

DATE OF RULING May 23rd, 2002

APPEARANCES Randi Glos President Randi Glos Architect Inc. The Applicant -2- RULING

1. The Applicant

Randi Glos, President, Randi Glos Architect Inc., has applied for a building permit under the Building Code Act, S.O. 1992, c. 23, as amended, and is proposing to construct two additions to an existing child care facility known as the Jefferson Child Care Centre, 2605 Jefferson Boulevard, Windsor, Ontario.

2. Description of Construction

The Applicant is constructing two new, separate additions to an existing building, having a Group A, Division 2 occupancy classification and operating as a child care facility. The existing structure has a building area of 392.79 m2 (4228 ft2) and a building height of one storey. The larger of the two additions, situated to the west of the existing structure, has a building area of 276.39 m2 (2975 ft2) while the smaller addition located at the north east corner of the existing structure has a building area of 79 m2 (850 ft2). Both additions will also be one storey in building height. The entire finished structure will encompass a building area of 748.18 m2 (8,053 ft2) and is sited such that it faces two streets. Further, the building is comprised of combustible construction and will be equipped with a fire alarm system.

The existing portion of the building contains a subsurface level which has been identified as a crawl space. Similarly, the two new additions will also contain subsurface areas which the Applicant has also referred to as crawl spaces. These areas provide a clear height of approximately 1676 mm (5 ft 6 in) to the underside of the floor joists. Within each of these two new subsurface spaces, mechanical rooms are proposed which will house high efficiency HVAC systems. These units have supply and exhaust piping which will penetrate the exterior wall of the subsurface level and the surrounding area will be compartmentalized from the remainder of the building by a one hour fire-rated separation.

The construction in dispute involves the classification of the subsurface areas of the new additions and the associated construction requirements involved. If considered to be “crawl spaces” there would be no requirement to separate the floor assembly above the area. However, if considered to be a “basement”, a fire separation having a 45 minute fire-resistance rating would be required.

3. Dispute

The issue at dispute between the Applicant and Respondent is whether the subsurface level in the two new additions which includes mechanical rooms containing HVAC equipment can be considered to be a crawl space and permitted to comply with the requirements of Article 3.2.2.28, when considering Article 3.2.2.9. of the Ontario Building Code (OBC).

Sentence (1) of Article 3.2.2.28. permits a building having a Group A, Division 2 major occupancy classification to be constructed using combustible or noncombustible construction materials (or a combination of both), provided that the building height does not exceed one storey and the area meets the requirements relative to the number of streets the building faces. Further, Sentence (2) permits a building without a basement to exceed the building area limitations of Sentence (1) provided that a one hour fire separation is used to separate the building into fire compartments, each of which would not exceed the area requirements of Clause 1(b).

Sentence (1) of Article 3.2.2.9. mandates that, for the purposes of Articles 3.2.1.4. and 3.2.1.5., relative -3- to floor assembly and containment requirements for basements, a crawl space shall be considered to be a basement if it, a) exceeds 1,800 mm between the lowest part of the floor assembly and the ground or other surface below, b) is used for any occupancy, c) is used for the passage of flu pipes or, d) is used as a plenum in combustible construction. Sentence (2) of this Article provides that floor assemblies above a crawl space need not be constructed as a fire separation and are not required to have a fire- resistance rating provided that they are not considered basements by Sentence (1)

As noted, the subject day care facility is one storey in building height, having a Group A, Division 2 occupancy classification. Further, a subsurface level, designed as a crawl space, has been included in the construction of the new additions. While this level neither has the floor-to-ceiling height nor is to be used as a plenum, it is to contain an HVAC system with associated exhaust piping. In this light, the mechanical rooms will be separated from the remainder of the building by a one hour fire-rated separation.

The dispute in this respect involves whether the presence of HVAC systems within the subject crawl space requires that the area be considered a basement for the purposes of Articles 3.2.1.4. and 3.2.1.5.

4. Provisions of the Ontario Building Code

3.2.2.9. Crawl Spaces

(1) For the purposes of Articles 3.2.1.4. and 3.2.1.5., a crawl space shall be considered as a basement if it is (a) more than 1 800 mm (5 ft 11 in) high between the lowest part of the floor assembly and the ground or other surface below, (b) used for any occupancy, (c) used for the passage of flue pipes, or (d) used as a plenum in combustible construction.

(2) A floor assembly immediately above a crawl space is not required to be constructed as a fire separation and is not required to have a fire-resistance rating provided the crawl space is not required to be considered as a basement by Sentence (1).

3.2.2.28. Group A, Division 2, One Storey

(1) A building classified as Group A, Division 2 is permitted to be of combustible construction or noncombustible construction used singly or in combination, provided (a) it is not more than 1 storey in building height, and (b) except as permitted by Sentence (2), it has a building area not more than (i) 400 m2 (4,310 ft2) if facing one street, (ii) 500 m2 (5,380 ft2) if facing 2 streets, or (iii) 600 m2 (6,460 ft2) if facing 3 streets.

(2) In a building referred to in Sentence (1) without a basement, the building area limits of Sentence (1) are permitted to be doubled provided a fire separation with a fire-resistance rating not less than 1 h is used to separate the building into fire compartments, each one of which does not exceed the area limits of Clause 1(b).

5. Applicant’s Position -4-

The Applicant advised that the existing child care facility is doubling in size as a result of the two new additions which were currently under construction. The building, he advised, falls under the provisions of provisions of Article 3.2.2.28. In this respect, combustible construction material has been used and crawl spaces have been included beneath each of the new additions, similar to the crawl space beneath the existing building. Whereas, the majority of the crawl space area is not proposed to be separated from the storey above he stated, however, that two mechanical room compartments have been created within these crawl spaces each of which will be separated by a one hour fire-rated separation.

The Applicant stated that the mechanical room compartments that are being created represent approximately 7% of the crawl space area and will house high efficiency HVAC systems. These systems include supply and exhaust piping which will penetrate to the exterior of the crawl space wall assembly within the fire-rated compartment. He suggested that the heating appliances do not contain flue pipes, as defined by the Code because there is no connection to a chimney. Rather, the appliances have gas vents which exhaust warm vent gases. The Applicant further advised that the HVAC spaces and crawl spaces are equipped with heat detectors which will be connected to the monitored fire alarm system for the building.

The Applicant argued that, in his opinion, the areas can be considered crawl spaces for the purposes of applying Code requirements. He stated that the HVAC spaces are minimal and are separated from the remainder of the building by a one hour separation. He further advised that there was limited access to the crawl spaces and that service personnel would only need to gain entrance to the areas a few times a year. He stated that, to require these areas to be wholly constructed as a basement providing a 45 minute fire separation to the entire floor assembly above, would be impractical and cost prohibitive. These areas, he argued, function as crawl spaces despite the inclusion of the HVAC equipment within a small segment of the floor space.

In summation, the Applicant also advised that double the number of required exits are provided in the facility and that the anticipated occupant load for the building is relatively low in comparison to what would be permitted by the Code. Finally, he reiterated his position that the HVAC systems do not contain flue pipes and that the fire compartments created to house this equipment should be sufficient to allow the remainder of the floor area to be considered a crawl space.

6. Respondent’s Position

The Respondent did not attend the hearing, the Commission instead relied on his written submission. He submitted that where a crawl space is used for any occupancy, it shall be considered as a basement. In his opinion, the presence of HVAC equipment in the crawl space area, despite the intended separation, represents the use of the space for an occupancy. As a result, he argued, the basement would be required to comply with the provisions of 3.2.1.4. and 3.2.1.5. of the Code.

7. Commission Ruling

It is the Decision of the Building Code Commission that the proposed additions which include crawl space areas containing mechanical rooms housing HVAC equipment which vents to the exterior are not permitted to be governed solely by the construction requirements of Article 3.2.2.28. of the Ontario Building Code when considering the provisions of Article 3.2.2.9. at the Jefferson Child Care Centre, 2605 Jefferson Blvd., Windsor, Ontario. -5-

8. Reasons i) The subsurface floor areas do not satisfy the requirements of Sentence 3.2.2.9.(1) for the purposes of Articles 3.2.1.4. and 3.2.1.5. ii) The mechanical rooms which include HVAC equipment within a portion of the crawl space constitutes use of the space for an occupancy. Where this occurs, Clause 3.2.2.9.(1) requires the crawl space to be considered a basement. -6-

Dated at Toronto this 23rd day in the month of May in the year 2002 for application number 2002- 11 .

Ken Peaker, Chair

Robert De Berardis

Tony Chow