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Fire Code Commission Decision Summary

DECISION NO.:91A002-075
DATE:November 29, 1991

SUBJECT MATTER:

Removal or protection of foamed plastic insulation in conformance with the Ontario Building Code.

GENERAL DESCRIPTION OF PREMISES:

The property is a "strip" type shopping plaza in an L-shaped configuration. The building is one storey in height with the exception of one store which has a mezzanine. The total area was 63,200 sq. feet. The building is of non-combustible construction with a fluted metal roof deck supported by open web steel joists. The building is divided into 19 units, all of which are equipped with an independent HVAC system. Each system has ducted air supplies with the ceiling space being used as a return air plenum. Each unit has sprinkler protection for the floor area, however, the space between the ceiling and the underside of the roof is not sprinklered.

REASON FOR APPEAL:

Does feel work is necessary nor can it be enforced.

APPELLANT'S POSITION:

At the time of construction, a building permit was issued and thus received approval from all necessary authorities, including the Fire Department. The appellant feels that the Fire Department should not be allowed to retroactively order work to be completed.

RESPONDENT'S POSITION:

Exposed foam plastic insulation was found on the exterior walls between the ceiling and the roofspace, in contravention of the Fire Code. This hazard is greatly modified due to the fact that the area is used as part of the air handling system. The Ontario Building Code (925/75) was revised by O. Reg. 621/78 and should have been in effect when the application for a building permit was filed July 31, 1979. Therefore these articles represent the Building Code to which the original construction would have to comply.

COMMISSION RULING:

    The Commission agrees that measures must be taken to correct this contravention of the Code, and orders that the owner do so by carrying out one or more of the following options:
    1. Cover the exposed combustible foamed plastic insulation with gypsum wall board or other material complying with the provision of the Ontario Building code.
    2. Remove all exposed combustible foamed plastic insulation from the ceiling space.
    3. Replace the existing exposed foamed plastic insulation with other insulation materials that comply with the flame spread ratings and smoke developed classifications of the Ontario Building code.
    4. Sprinkler the ceiling space in conformance with the Ontario Building Code, or
    5. Install return air ducting to eliminate the use of the ceiling space as a return air plenum.

REASONS:

The Commission accepts the premise that the original building was not constructed in accordance with the building code in effect at that time with respect to the use of combustible foamed plastic insulation in a ceiling assembly used as a return air plenum. Therefore the provision of Section 18 (2b) do not apply.

It is the opinion of the Fire Code Commission that this work is necessary for the life safety and the protection of the property.

The work of this order shall be completed according to the following schedule:

  1. in all currently vacant tenant areas, by January 31, 1992
  2. in tenant spaces that become vacant before November 29, 1993
  3. in all other spaces, by November 29, 1993