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Fire Code Commission Decision Summary

DECISION NO.: 95A007-108B
DATE: September 21 and October 31, 2000

SUBJECT MATTER

This was an Application before the Fire Safety Commission by the appellant for reconsideration with respect to a Fire Safety Commission Decision made on December 17, 1997. The decision centered on the terminology used in a January 10, 1996 decision regarding this property. The January 10, 1996, decision indicated an option that sprinklering of the building “should” be carried out. The option was intended to read that sprinklering “shall” be carried out.

The decision of this hearing supercedes both the December 17, 1997 and the January 10, 1996 decisions.

GENERAL DESCRIPTION OF PREMISES

The building was constructed in 1986/87, is of combustible construction and has a building area of 1600 m2. Building height varies with some portions of the building being three storeys and some being two storeys. There is a full basement under the entire building. The building surrounds an open courtyard in the center, with three open archways permitting pedestrian access to the courtyard.

The building consists of 19 condominium units with a vertical fire separation between adjoining units. Each condominium consists of either a mercantile or commercial occupancy on the ground floor, with a one- or two-storey apartment unit occupying the floors above.

This fire separation between units consists of a concrete wall in the basement and drywall on wood studs on the first, second and third floors. The basement has a concrete slab on open web steel joist ceiling assembly. The second and third floor assemblies in each unit consist of drywall sheathing on the underside of wood joists. There are several areas within the building where a T-bar ceiling has been added below the drywall covering.

The attic space is firestopped by drywall construction into at least 11 areas with no portion being greater than 210 m2 in area.

APPELLANT’S POSITION

Written submissions were received from the counsel for the Appellant for reconsideration of the decision resulting from the January 10, 1996 hearing. The original decision offered the option of upgrading the building to comply with the original approved building plans or to sprinkler the entire complex and upgrade the fire alarm system.

The appellant submitted a proposal to provide partial sprinklering of the buildings, install an addressable fire alarm system and ensure the continuity of the unit fire separations.

Fire protection consultants in cooperation with the fire department prepared the appellant's proposal.

RESPONDENT’S POSITION

The Respondent, through their counsel, submitted a statement stating that they wished to go on record with the Fire Safety Commission that they were in agreement with the appellant's proposal as an appropriate manner of dealing with the fire safety concerns.

COMMISSION RULING

The Tribunal granted the Application for Reconsideration and amended the previous Decisions as follows.

The Condominium shall implement the following measures:
  1. Sprinkler protection shall be installed throughout the attic spaces of all units.
     
  2. Sprinkler systems in Units 12, 13 and 19 shall be retained.
     
  3. Sprinklers shall be installed in the top floor of Units 4 and 5 and in Unit 9.
     
  4. Sprinklers shall be provided as identified in items 1, 2 and 3 above, in accordance with NFPA 13 and maintained in accordance with the Ontario Fire Code.
     
  5. The sprinkler systems shall be supervised by the fire alarm system.
     
  6. The installation of an addressable fire alarm and detection system shall be in accordance with the following:
     
    1. Installed in accordance with ULC S524 and verified in accordance with ULC S537 as required in the current Ontario Building Code.
       
    2. A remote annunciator (with LED readout only) at the electrical room door (in the breezeway between the ground floor of Units 18 and 19). The existing location of the panel to remain, however the panel is to be replaced.
       
    3. Replacement of the existing fire alarm control panel with an addressable panel. The location of the existing fire alarm panel is acceptable.
       
    4. An addressable heat detector on each floor of each Unit, including the basement and in any service or storage room serving more than one Unit.
       
    5. Modification of the existing devices (manual pull stations, flow switches and supervised valves) to act as addressable devices.
       
    6. Class A wiring (a redundant loop to be provided).
       
    7. An audible signal appliance in each suite and the existing bells replaced to have a consistent tone and to achieve the audibility levels described in the current Ontario Building Code.
       
    8. Monitored by an independent central station.
       
    9. The residential suites shall not be equipped with manual pull stations as actuation of the fire alarm system is intended to be automatic only.
       
  7. A revised Fire Safety Plan shall be prepared, approved and implemented in accordance with the Ontario Fire Code.
     
  8. The existing attic hatches constructed of particleboard or 9 mm masonite, shall be covered with 15.9mm Type X gypsum wallboard. Each hatch shall be provided with weather stripping and latches.
     
  9. Openings in existing gypsum board ceilings immediately below the attic (such as around masonry chimneys and at the discontinuous ceiling in Units 3 and 18) shall be repaired to maintain the continuity of the existing ceiling. (The gypsum wallboard ceiling is not intended to serve as a fire separation).
     
  10. All exhaust fans (dryer vents, washroom and kitchen exhaust) which currently vent into the attic shall be redirected to discharge directly to the exterior (through the roof). The ducts shall be metal. (The primary purpose of the ceiling is to minimize the movement of humid air into the unheated attic space. The ceiling is not intended to be a fire separation; however it provides some incidental benefit to reduce exposure of the attic to a possible fire below the ceiling).
     
  11. Based on the location of building services, all basement fire separations shall be inspected to determine their continuity. All observed penetrations in the required fire separations shall be repaired.
     
  12. Construction documents, including drawings shall be prepared and a Building Permit applied for in accordance with Part 2 of the OBC.
     
  13. The Consultants shall conduct a final inspection to confirm conformance with this report.
     
  14. The Schedule of Compliance shall be submitted to the Fire Department within 60 days of receipt of the approval of this proposal by the Fire Safety Commission. The Schedule of Compliance shall include the following milestone dates with respect to the categories of General Trades, Fire Alarm, Sprinklers and Fire Safety Plan:
     
  15. Work required by this decision, including final acceptance by the Building and Fire departments, shall be completed no later than June 1, 2001.

The decision was essentially identical to the proposal put forward by the appellant.

REASON

The Commission agreed to reopen this matter for reconsideration due to unusual circumstances. These include support for the reconsideration from both the Appellant and the Respondent for a further hearing, and it is in the public interest to resolve the issues so that a reasonable level of fire safety shall be provided to the occupants. The Tribunal is in agreement with the final submission with the addition of a completion date for the work.