Fire Code Commission Decision Summary

DECISION NO.:93A003-095
DATE:July 7, 1993

SUBJECT MATTER:

Appeal of a Life Safety Study concerning 26 Madison Avenue: the issue of egress to be resolved by installation of a fire escape or an alternative means of egress.

GENERAL DESCRIPTION OF PREMISES:

The building, a semi-detached, is three storeys and of combustible construction. The occupant load is twelve persons (university students - a fraternity) with five occupants living on the third floor and seven living on the second floor. All occupants share a common living, dining and kitchen space. A balcony is shared between the appellant (26 Madison Avenue) and 24 Madison. The balcony of 24 Madison is served by a fire escape and to access it the occupants of 26 Madison must step over a 750mm railing. A contiguous corridor on the second floor is separated from the first floor by rated doors at the 2nd floor level of the main stairs and at the 1st floor level of the rear stair. The building is equipped with a fire alarm system which is adequate for life safety.

REASON FOR APPEAL:

The Life Safety Study proposes adequate and equivalent alternatives to those requested by the Fire Department under the Fire Code.

APPELLANT'S POSITION:

The occupants are members of a fraternity and the environment in which they live differs from a typical rooming house and therefore they should not be forced to conform to the requirements of a rooming house under the Fire Code. The appellant is willing to construct a contiguous exit corridor from the main entrance to the third floor exterior balcony. Instead of installing a fire escape the appellant feels the use of an adjoining balcony and fire escape in 24 Madison meets the requirements of the Fire Code and the Building Code. The appellant is also willing to install an upgraded fire alarm system to allow for early detection and provide the occupants more time to escape from the building.

RESPONDENT'S POSITION:

The only acceptable exit is a metal fire escape serving the third and second door to provide proper fire and life safety to the occupants. The Life Safety Study failed to provide an equivalent alternative.

COMMISSION RULING:

The Commission decided to accept the Life Safety Study subject to the following conditions:

Unobstructed access of minimum 1240mm width between the balcony at 26 Madison and the fire escape at 24 Madison shall be provided and maintained.
A written agreement to provide and maintain access to this fire escape between 24 and 26 Madison shall be documented and form a integral part of the Life Safety Study.

If both of the above conditions are met, all of the work included in the Life Safety Study shall be completed. If either of these conditions are not met, the Owner shall be required to bring the outstanding items (i.e. the installation of a fire escape) into compliance.

REASONS:

This work is required to ensure the life safety of the occupants of the building.