Ruling No. 04-33-988 Application No. 2004-28 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 3.4.6.3.(2) 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 Bebe Arghirescu, President, All Saints Romanian Orthodox Church, for the resolution of a dispute with Bruce Ashton, Deputy Chief Building Official, City of Toronto, to determine whether the as-constructed landing serving a flight of stairs in a Group A, Division 2 occupancy provides sufficiency of compliance with Sentence 3.4.6.3.(2) of the Ontario Building Code at the All Saints Romanian Orthodox Church, 545 Danforth Road, Toronto, Ontario. APPLICANT RESPONDENT PANEL PLACE Bebe Arghirescu, President All Saints Romanian Orthodox Church Bruce Ashton Deputy Chief Building Official City of Toronto Len King, Vice-Chair Fred Barkhouse Gary Burtch DATE OF HEARING August 5, 2004 DATE OF RULING August 5, 2004 APPEARANCES Bebe Arghirescu, President All Saints Romanian Orthodox Church The Applicant Jerry Cardwell Senior Inspector City of Toronto Designate for the Respondent
-2- RULING 1. The Applicant Bebe Arghirescu, President, All Saints Romanian Orthodox Church, has received an Order to Comply under the Building Code Act, S.O. 1992, c. 23, as amended, to re-construct a landing serving a flight of stairs at the All Saints Romanian Orthodox Church, 545 Danforth Road,. 2. Description of Construction The Applicant is renovating a place of worship having a Group A, Division 2 major occupancy classification. The one storey structure is approximately 285 m 2 in building area and is constructed with combustible materials. In addition to the one above-grade storey, the structure includes a subsurface basement level. The building is not equipped with a sprinkler system, a fire alarm system or a standpipe and hose system. The renovations include the construction of a flight of stairs and a landing that form part of an emergency exit leading from the basement level to the exterior of the structure. There is a second exit stair that connects the basement to the first floor level. The new flight of stairs has a vertical rise of 2,616 mm (8 ft 7 in) and a width of 1,168 mm (3 ft 10 in). The stair treads have a slip resistant finish and the stairway is equipped with a handrail on both sides. The landing is comprised of concrete slab and measures 686 mm (2 ft 3 in) from the top of the stairs to the exit door. The concrete slab extends 1,524 mm (5 ft) beyond the face of the building and the exit door swings over this slab. The door itself is equipped with panic hardware and swings outward in the direction of exit. It is the landing located at the top of this flight of stairs that is the subject of this dispute. 3. Dispute The issue at dispute between the Applicant and Respondent is whether the as-constructed landing serving a flight of stairs in a Group A, Division 2 occupancy provides sufficiency of compliance with Sentence 3.4.6.3.(2) of the Ontario Building Code. Sentence 3.4.6.3.(2) mandates that the length and width of a landing shall be at least the width of the stairway in which it occurs, except that in a straight run the length of the landing need not be more than 1,100 mm (3 ft 7 in). Sentence 3.4.6.3.(5) mandates that a landing be provided at the top and bottom of every flight of stairs. Regarding the subject construction, a concrete slab, which forms the landing, extends from the top of the stairs beyond the face of the building and an exit door swings over the concrete slab landing. The concrete slab measures 2,210 mm in its entirety; with the interior portion measuring 686 mm (2 ft 3 in) in length and the exterior portion measuring 1,524 mm (5 ft).
-3-4. Provisions of the Ontario Building Code 3.4.6.3. Landings and Maximum Vertical Rise of Stair Flights (1) No flight of stairs shall have a vertical rise of more than 3.7 m between floors or landings, except that a flight of stairs serving as an exit in a Group B, Division 2 or 3 occupancy shall have a vertical rise not more than 2 400 mm between floors or landings. (2) Except as provided in Sentence (6), the length and width of a landing shall be at least the width of the stairway in which it occurs, except that in a straight run the length of the landing need not be more than 1 100 mm. (3) Where a doorway or stairway empties onto a ramp through a side wall, there shall be a level area extending across the full width of the ramp, and for a distance of 300 mm on either side of the wall opening, or on one side if the opening abuts on an end wall. (4) Where a doorway or stairway empties onto a ramp through an end wall, there shall be a level area extending across the full width of the ramp and along its length for not less than 900 mm. (5) A landing shall be provided at the top and bottom of every flight of stairs. (6) Where the direction of exit travel changes at a landing, the landing is permitted to be chamfered or curved in plan, provided the required width of the stair is maintained where measured perpendicular to the direction of exit travel across the landing. 5. Applicant s Position The Applicant began by acknowledging that the landing at the top of the new stair, which forms part of an emergency exit from the basement, was not constructed as planned. The concrete slab, which extends 686 mm (2 ft 3 in) from the top of the stairs to the exterior doorway threshold, is less than the required 1,100 mm (3 ft 7 in) for a landing as prescribed in Sentence 3.4.6.3.(2) of the Code. The renovated basement is additional space intended for use as storage and occasional church business. In describing the as-built stairway, the Applicant noted that handrails have been installed on both sides and that the exterior door, which swings in the direction of exit, is equipped with panic hardware. The door is used for exiting the building only. He emphasized that there is no hardware on the exterior of the door so it cannot be used as an entrance. The concrete slab, which includes the landing, is level, with the exception of an aluminium threshold in the exterior doorway and the slab extends beyond the exterior face of the building. The Applicant was asked to describe the church business and responded that the area would be used for meetings and work space when preparing for church functions. The Applicant did not anticipate that more than thirty people would occupy the basement level at any one time and submitted that this area would only be used occasionally. 6. Respondent s Position The Designate for the Respondent submitted that the landing was not constructed according to the plans examined when the building permit was issued. An Order to Comply was issued to the Applicant after the inspection revealed that the landing at the top of the new stairs was 686 mm (2 ft 3 in) in length. The Applicant was ordered to extend the landing at the top of the new stair to not less than 1,100 mm (3 ft 7 in) to meet the requirements of the Building Code.
-4- The Designate stated that while he did not consider this to be a life safety issue the landing does not comply with the Building Code. He confirmed that the new stairs were not the main stairs for the basement level and the stairway leads directly to the exterior of the structure. In summation, the Designate stated that the issue is one of liability and of safety; the landing is only two-thirds of the minimum length required for a stairway of this width. The provisions of the Building Code in this dispute involve safety and the deficiency is material in nature, the Designate maintains that the landing does not comply with the prescriptive requirements outlined in the Code. 7. Commission Ruling It is the decision of the Building Code Commission that the as-constructed landing serving a flight of stairs in a Group A Division 2 occupancy provides sufficiency of compliance with sentence 3.4.6.3.(2) of the Ontario Building Code at the All Saints Romanian Orthodox Church, 545 Danforth Road, Toronto, based on the following conditions: 1) The emergency lighting installed at the top and bottom of the stairs continues to be maintained. 2) The panic hardware on the exterior door providing egress only (with no exterior hardware) continues to be maintained. 3) The maximum occupancy of the cellar be 60 persons and be posted as such. 4) The exit stairs will be used only for exiting and no other purpose. In particular, no storage is to take place in the stairway. 8. Reasons i) The concrete slab, which contains the landing portion at the top of a flight of stairs that lead to the exterior of the building, exceeds the minimum length for a stairway that is 1.1684 m (3 ft 10) wide. ii) iii) The exit stairs will be used only for exiting and for no other purpose. The exterior door has panic hardware and provides exterior egress only. These and the other compensating measures provide sufficiency of compliance in this dispute.
-5- Dated at Toronto this 5th day in the month of August in the year 2004 for application number 2004-28 Len King, Vice-Chair Fred Barkhouse Gary Burtch