Ruling No. 03-25-923 Application No. 2003-25 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 Sentence 3.1.5.1.(1) of Regulation 403, as amended by O. Reg. 22/98, 102/98, 122/98, 152/99, 278/99, 593/99, 597/99, 205/00, 283/01 and 220/02 (the “Ontario Building Code”). AND IN THE MATTER OF an application by Jeremy Sguigna, Architectural Design Group Inc., for the resolution of a dispute with Brenda Campbell, Chief Building Official, City of Brampton, to determine whether the plastic, concrete-filled, “remain in place”, wall forms that are intended to be used in load bearing applications and which in “Building B” are proposed as an interior partition and in “Building C” as part of a thermal barrier wall assembly, provide sufficiency of compliance with Sentence 3.1.5.1.(1) of the Ontario Building Code at 7057 and 7659 Bramalea Road, Brampton, Ontario. APPLICANT Jeremy Sguigna Architectural Design Group Inc. Woodbridge, Ontario RESPONDENT Brenda Campbell Chief Building Official City of Brampton PANEL John Guthrie, Chair-Designate Fred Barkhouse Robert De Berardis PLACE Toronto, Ontario DATE OF HEARING June 19, 2003 DATE OF RULING June 19, 2003 APPEARANCES David Johhnson Randal Brown & Associates Toronto, Ontario Agent for the Applicant Lillyan McGinn Manager of Plans & Permits City of Brampton Designate for the Respondent -2- RULING 1. The Applicant Jeremy Sguigna, Architectural Design Group Inc., has received a building permit under the Building Code Act, S.O. 1992, c. 23, as amended, and is constructing two industrial buildings at 7057 and 7659 Bramalea Road, Brampton, Ontario. 2. Description of Construction The Applicant is constructing two, one storey plus mezzanine structures referred to as “Building B” and “Building C”. Both buildings have a Group F, Division 2 major occupancy classification and are 9,734 m2 and 18,084 m2 respectively. The structures are required to be comprised of noncombustible construction and will be equipped with sprinkler systems. Building B has a two-storey office component, the second storey of which is situated on the mezzanine level. The mezzanine terminates at a vertical partition which separates the office from the warehouse portion of the building. A PVC skin and web, concrete filled wall assembly (Royal Building System’s RBS6), which is considered a “remain in place” wall form, is proposed for this interior partition. Further, a RBS6 wall will also support a small shipping office complete with a one-hour fire-rated mezzanine above. In this location, the assembly will serve in a loadbearing capacity. Building C also has a two-storey office component with the second storey being located on the mezzanine. Again, the mezzanine is to be separated from the adjacent warehouse by a vertical fire separation. The Applicant is proposing the use of a similar “remain in place” wall form from Royal Building System’s (RBS8i). This wall assembly includes foam plastic insulation facing the office side which will be protected by a thermal barrier, such as drywall, installed independent of the insulation. This loadbearing wall assembly also provides structural support to the mezzanine. The construction in dispute involves the use of the Royal Building System’s wall forms in buildings required to be constructed using noncombustible construction. The RBS6 and RBS8i wall systems are comprised of a 2.5 mm thick plastic skin and web form, filled with concrete and, in the case of the RBS8i wall, also includes foam plastic insulation. Testing at ULC has been undertaken on the RBS wall forms. The plastic skin, when tested to CAN/ULC-S102.2-M88 “Standard Method of Test for Surface Burning Characteristics of Flooring, Floor Covering and Miscellaneous Materials”, has a flame spread rating of 13. Further, the fire resistance rating based on testing conducted in accordance with CAN/ULC-S101-M89 “Standard Methods of Fire Endurance Tests of Building Construction and Materials”, was found to be 2 hours. The materials, however, have not been tested to the requirements of CAN/ULC S114 “Standard Method of Test for Determination of Noncombustibility in Building Materials”. 3. Dispute The issue at dispute between the Applicant and Respondent is whether the PVC skin and web, concrete-filled, “remain in place”, wall forms that are intended to be used in loadbearing applications and which, in Building B, are proposed as an interior partition and, in Building C, as part of a thermal barrier wall assembly, provide sufficiency of compliance with Sentence 3.1.5.1.(1) of the Ontario Building Code. -3This provision requires, with certain exceptions, that noncombustible materials must be used in a building that, under the Code, is required to be of noncombustible construction. The two buildings subject to this dispute are required by the Code to be constructed of noncombustible construction. As noted above, the buildings incorporate Royal Building System’s wall forms used as loadbearing supports for two small mezzanines. These wall systems include plastic components that have not been tested to ULC-S144, the “Standard Method of Test for Determination of Noncombustibility in Building Materials”. The exceptions to the noncombustiblity provisions listed in Sentence 3.1.5.1.(1), include items permitted in Articles 3.1.5.2 to 3.1.5.23., and Articles 3.1.13.4. and 3.2.2.16. The Applicant suggests that the subject wall systems can be considered as permitted minor combustible components as specified in Sentence 3.1.5.10.(2) of the Code. This Sentence permits combustible interior wall finishes, other than foamed plastics, in a building required to be of noncombustible construction. 4. Provisions of the Ontario Building Code 3.1.5.1. Noncombustible Materials (1) Except as permitted by Articles 3.1.5.2. to 3.1.5.23., 3.1.13.4. and 3.2.2.16., a building or part of a building required to be of noncombustible construction, shall be constructed with noncombustible materials. 5. Applicant’s Position The Agent for the Applicant highlighted the nature of the dispute and described the proposed wall systems involved. He suggested that these walls could be considered minor combustible components in a building required to be of noncombustible construction as permitted under Sentence 3.1.5.10.(2) of the Building Code. The Agent submitted that the “interior plastic webs are of a lesser hazard since they are protected from heat and flame impingement due to the heat sink provided by the adjacent poured concrete. In these specific applications, the building is also provided with automatic sprinklers which would limit the size of any fire exposure to the exterior or interior portions of the wall.” The Agent submitted that “since the ULC testing clearly identifies that the wall assembly stays in place for a 2 h period under loadbearing conditions, it has been shown that the web structure of the RBS panel does not detract from the performance of this wall. Since the webs are embedded within the poured concrete wall areas, it is extremely unlikely that they would ever contribute to the fuel loading of an exposure fire.” In summation, the Agent stated that, in his opinion, the wall forms being used meet the Code requirements for permitted combustible finishes. Further, the performance criteria indicate that the wall systems are suitable for the proposed application. 6. Respondent’s Position The Designate for the Respondent submitted that a building permit was issued for the subject buildings on the basis that the disputed walls would be constructed of noncombustible materials to provide onehour fie rated separations between the offices and the industrial portions of the buildings. Instead, the Applicant is proposing the use of a wall system approved for use as an exterior wall by the Building Materials Evaluation Commission. She noted that this wall system “contains a plastic skin and web -4form, filled with concrete and also includes foam plastic insulation” in the case of Building C. The Designate noted that the subject buildings are required to be constructed of noncombustible construction according to their classification and as specified in Article 3.2.2.68. of the OBC. It is her concern that the combustible elements of the wall assemblies may no longer render the wall system as noncombustible. She acknowledged the ULC testing which indicated that the wall system will achieve a fire-resistance rating of 2 hours but noted that the assembly had not been tested to the standard for noncombustibility. She suggested that the Building Materials Evaluation Commission may be the most appropriate body to determine whether the proposed RBS assemblies can be used in buildings required to be of noncombustible construction. In summation, the Designate stated that the subject wall systems contain some combustible elements and do not meet the Building Code requirements for noncombustibility. Therefore, the proposed construction is not acceptable for approval by the City. 7. Commission Ruling It is the decision of the Building Code Commission that the plastic concrete filled “remain in place” wall forms that are intended to be used in load bearing applications and which in “Building B” are proposed as an interior partition and in “Building C” as part of a thermal barrier wall assembly provide sufficiency with Sentence 3.1.5.1.(1) of the Ontario Building Code at 7057 and 7659 Bramalea Road, Brampton, Ontario. 8. Reasons i) UL and ULC testing provides sufficiency of compliance with the fire separation requirements of the Code. -5Dated at Toronto this 19th day in the month of June in the year 2003 for application number 2003-25. John Guthrie, Chair-Designate ______ Fred Barkhouse ________ Robert De Berardis
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