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Fire Code Commission Decision Summary

DECISION NO.:90A017/018/019/020-068
DATE:May 9, 1991

SUBJECT MATTER:

  1. Installation of 1-3/4" solid core doors with self-closing and latching devices between apartments
  2. A second means of egress be constructed from third floor to grade
  3. Provide adequate fire separation between the furnace and the rest of the building; provide for combustion air for the furnace to be drawn directly from outside
  4. Provide gypsum board fire separation for the basement apartment ceiling

GENERAL DESCRIPTION OF PREMISES:

The building is three storeys plus a basement and is of combustible construction. The building contains four dwelling units with one dwelling unit occupying each floor area. Except for the basement apartment, all of the units are separated from each other by construction consisting of gypsum board on wood studs. In the basement apartment, the ceiling consists of a suspended lay-in T-bar assembly. The furnace, located in the centre of the basement apartment, is separated from the remainder of the basement by gypsum board on three sides and a perforated masonite type board used as a door on the other side. Combustion air is provided for the furnace through infiltration from the basement apartment. Egress from the basement is by way of one exterior door. From this door access can be gained to the first floor, however, the wood panel door did not appear to be in use as it was locked to provide security between the units. From the main entrance, access can be gained to the third floor up a stairway or to the main floor through a wood panel door with a large glass pane. The second floor has a separate, exclusive entrance door which opens onto an exterior stair that leads to grade. A second door from the second floor opens onto the stairway used by the third floor apartment. This door is wood panel and is also locked for security. The building is equipped with an electric interconnected smoke alarm system consisting of a smoke alarm in each of the apartment units.

REASON FOR APPEAL:

The owner felt that the building was being operated under a different tenancy than that described in the order and sufficient exits were provided.

APPELLANT'S POSITION:

The appellant feels that a secondary access to the exterior is provided for the second floor. Also the order was incorrect in describing the layout of the building. The appellant considers the third and second floor to be one unit and the first floor and the basement to be one unit. Therefore the 5 existing exits are adequate for the building.

RESPONDENT'S POSITION:

The property is occupied so that fire would endanger persons or property due to inadequate fire separations and inadequate or improperly used exits.

COMMISSION RULING:

The Commission upheld the order. In addition, the Commission orders that the glass door leading from the main entrance to the main floor apartment be replaced with a minimum 1-3/4" solid core wood door complete with self-closing and latching devices. If the owner chooses to have the building occupied as a triplex, with the second and third floors occupied as a single two storey apartment unit (not to be sublet) and the owner gives a suitable written undertaking to this effect to the Fire Department, then the requirement for a second means of egress from the third floor as well as the requirement for replacing the door between the second floor apartment living room and the main stairwell, will be revoked.

REASONS:

The Commission is of the opinion that this work is essential for the life safety of the residents of the property.