Ruling No. 10-20-1256 Application No. B-2010-12 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 with Article Sentences 9.10.19.1.(1) and 9.33.4.2.(1), and Articles 9.10.19.3. and 9.33.4.3.of the Regulation 350/06, as amended, (the Building Code). AND IN THE MATTER OF an application by Kenneth Laing, Orchard Hill Farm, for the resolution of a dispute with Shawn Parkins, Chief Building Official, Municipality of Central Elgin, to determine whether the proposal to provide battery powered smoke alarms and a carbon monoxide detector in a 2 storey bunkhouse building, which is electrically powered by onsite photovoltaic panels and not connected to the public electrical distribution grid, provides sufficiency of compliance with Sentences 9.10.19.1.(1) and 9.33.4.2.(1), and Articles 9.10.19.3. and 9.33.4.3. of Division B when considering the definition of dwelling unit in Article 1.4.1.2 of Division A of the Building Code at 45415 Fruit Ridge Line, St. Thomas, Ontario. APPLICANT RESPONDENT PANEL PLACE Kenneth Laing Orchard Hill Farm St. Thomas, ON Shawn Parkins Chief Building Official Municipality of Central Elgin Tony Chow, Chair Rick Florio Gary Burtch Toronto, Ontario DATE OF HEARING June 17, 2010 DATE OF RULING June 17, 2010 APPEARANCES Kenneth Laing Orchard Hill Farm St. Thomas, ON The Applicant Martin Elksnitis Building Inspector City of Toronto Designate for the Respondent
RULING 1. Particulars of Dispute The Applicant has received an Order to Comply under the Building Code Act, 199, which cites a contravention of Section 9.10.19 and 9.33.4. of the Building Code. The subject residential occupancy building described as a bunkhouse is a 2 storey, 3 bedroom, 44.5 m² building of combustible construction. The building has been equipped with electrical power supplied by onsite photovoltaic panels, which are not connected to the public electrical distribution system (grid). The subject building provides accommodation for seasonal farm workers but is not equipped with a kitchen or sanitary facilities, as these facilities are available in a neighboring building. The Code requires a minimum of one smoke alarm at every floor level of a dwelling unit where the height differential between adjacent floor levels is 900 mm or more. Each sleeping room not within a dwelling unit requires individual smoke alarms. Further, the Code requires smoke alarms and carbon monoxide detectors to be installed by permanent connections to an electrical circuit except for where the building is not supplied with electrical power, in that case smoke alarms are permitted to be battery operated. In this case, the dispute involves the categorization of the building and whether it is deemed a dwelling unit and as a result, the number of smoke alarms that are therefore required. Also at dispute is the whether the required smoke alarms and carbon monoxide detectors are required to be hard wired to an electrical circuit, when considering the subject building is not connected to the public electrical distribution grid. 2. Provisions of the Building Code in Dispute Sentence 9.10.19.1., Required Smoke Alarms (1) Smoke alarms conforming to CAN/ULC-S531, Smoke Alarms, shall be installed in each dwelling unit and in each sleeping room not within a dwelling unit. Sentence 9.33.4.2., Location of Carbon Monoxide Detectors (1) Where a fuel-burning appliance is installed in a suite of residential occupancy, a carbon monoxide detector shall be installed adjacent to each sleeping area in the suite. Article 9.10.19.3., Power Supply (1) Except as permitted in Sentence (2), smoke alarms shall be installed by permanent connections to an electrical circuit and shall have no disconnect switch between the overcurrent circuit device and the smoke alarm. Article 9.33.4.3., Installation and Conformance to Standards (1) The carbon monoxide detector required by Article 9.33.4.2. shall, (a) except as permitted in Sentence (2), be permanently connected to an electrical circuit and shall have no disconnect switch between the overcurrent device and the carbon monoxide detector,
(b) be wired so that its activation will activate all carbon monoxide detectors within the suite, where located within a suite of residential occupancy, (c) be equipped with an alarm that is audible within bedrooms when the intervening doors are closed, where located adjacent to a sleeping area, and (d) conform to, (i) CAN/CSA-6.19, Residential Carbon Monoxide Alarming Devices, or (ii) UL 2034, Single and Multiple Station Carbon Monoxide Alarms. (2) Where the building is not supplied with electrical power, carbon monoxide detectors are permitted to be battery operated. Article 1.4.1.2, Defined Terms Dwelling unit means a suite operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities. 3. Applicant s Position The Applicant submitted the subject bunkhouse serves as sleeping quarters for farm workers and can be considered a dwelling unit, even though it does not contain a kitchen and sanitary facilities. The Applicant reported that these facilities are accessible to the employees in a neighboring building. The Applicant argued that the Building Code s definition of a dwelling unit does not require a dwelling unit to have a kitchen and sanitary facilities in order to be considered a dwelling unit and as such, a smoke alarm in each sleeping room is not required but rather one located on each floor level would be sufficient and compliant with the Code. The Applicant explained the subject bunkhouse is off-grid and is supplied with power that is generated through on-site photovoltaic panels. Consequently, the Applicant argued the building should not be considered to be supplied with electrical power, within the context of the Code and therefore, the carbon monoxide detectors and smoke alarms should not be required to be hard wired. The Applicant submitted that the inverter that converts generated DC supply to AC supply for the bunkhouse is contingent on the demand of the electrical load on the system. He explained that if the electrical demand is less than 10 watts, as will be the case during the night, the power requirement for the smoke alarms and carbon monoxide detectors will not be sufficient to operate the inverter. Therefore, he argued that hardwiring the above mentioned devices will not be useful or functional, as they would not be operating constantly. As a result, the Applicant maintained the proposed battery operated smoke alarms and carbon monoxide detectors would in fact be more reliable and safe in this case and in his opinion, sufficiently complies with the Code. In response to questions, the Applicant explained the heating for the bunkhouse was provided by a wood burning stove and that he was not disputing the requirement for a carbon monoxide detector but rather the requirement to hardwire the carbon monoxide detector to the bunkhouse s electrical supply.
4. Respondent s Position The Respondent submitted that in his opinion, the bunkhouse is not considered to be a dwelling unit, and therefore, as per the Code, a smoke alarm is required to be installed in each sleeping room as per Article 9.10.19.1. of the Code. The Respondent submitted that the bunkhouse functioned more like a dormitory than a dwelling unit. The Respondent argued that electrical power is not a defined term in the Code, and in his opinion, photo-voltaic panels are considered to provide electrical power, as commonly defined, regardless if the building is on or off-grid. Therefore, the Respondent maintained, as electrical power is supplied to the building thus, the Article 9.10.19.3. applies in this case. Further, the Respondent explained that the reasoning behind this section of the Code was as a result of the annual fire deaths caused in part by dead batteries in smoke alarms. The Respondent submitted that it is his understanding that the subject electrical system can be configured as to provide continuous electrical supply to the smoke alarms and carbon monoxide detectors. As a result, the Respondent submitted that the proposal to provide one battery operated smoke alarm on each level of the bunkhouse does not comply with the Code requirements. 5. Commission Ruling It is the Decision of the Building Code Commission that the proposal to provide battery powered smoke alarms and carbon monoxide detector in a 2 storey bunkhouse building, which is electrically powered by onsite photovoltaic panels and not connected to the public electrical distribution grid, will provide sufficiency of compliance with Sentences 9.10.19.1.(1) and 9.33.4.2.(1), and Articles 9.10.19.3. and 9.33.4.3. of Division B when considering the definition of dwelling unit in Article 1.4.1.2 of Division A of the Building Code at 45415 Fruit Ridge Line, St. Thomas, Ontario on condition that: a) a battery operated smoke alarm shall be installed in each sleeping room of the subject building. 6. Reasons i) Sentence 9.10.19.1.(1) of Division B of the Building Code states, Smoke alarms conforming to CAN/ULC-S531, Smoke Alarms, shall be installed in each dwelling unit and in each sleeping room not within a dwelling unit. It is the Commission s opinion that the subject bunkhouse is not considered to be a dwelling unit as defined by the Code and therefore, a smoke alarm is required to be installed in each sleeping room. ii) Article 9.10.19.3. of Division B of the Building Code states: (1) Except as permitted in Sentence (2), smoke alarms shall be installed by permanent connections to an electrical circuit and shall have no disconnect switch between the overcurrent circuit device and the smoke alarm. (2) Where the building is not supplied with electrical power, smoke alarms are permitted to be battery operated. The Commission heard evidence and testimony that the subject building is not connected to the public electrical distribution grid but rather, is electrically powered by onsite photovoltaic panels.
Further, the Commission heard that the installed alternative electrical power system will not provide continuous power to the smoke alarms or carbon monoxide detector if permanently connected. It is the Commission s opinion that in this case, where the electrical supply to the building is off-grid and not continuous, providing battery operated smoke alarms in each sleeping room sufficiently achieves the equivalent level of performance required by the Code. iii) Sentence 9.33.4.2.(1) of Division B of the Building Code states, Where a fuel-burning appliance is installed in a suite of residential occupancy, a carbon monoxide detector shall be installed adjacent to each sleeping area in the suite. The Commission heard that a battery operated carbon monoxide detector has been installed. It is the Commission s opinion that the installed carbon monoxide detector sufficiently complies with Sentence 9.33.4.2.(1) of the Code. iv) Article 9.33.4.3. of the Building Code states: (1) The carbon monoxide detector required by Article 9.33.4.2. shall, (a) (b) (c) (d) except as permitted in Sentence (2), be permanently connected to an electrical circuit and shall have no disconnect switch between the overcurrent device and the carbon monoxide detector, be wired so that its activation will activate all carbon monoxide detectors within the suite, where located within a suite of residential occupancy, be equipped with an alarm that is audible within bedrooms when the intervening doors are closed, where located adjacent to a sleeping area, and conform to, (i) CAN/CSA-6.19, Residential Carbon Monoxide Alarming Devices, or (ii) UL 2034, Single and Multiple Station Carbon Monoxide Alarms. (2) Where the building is not supplied with electrical power, carbon monoxide detectors are permitted to be battery operated. As stated previously, since the electrical supply to the building is off-grid and not continuous, providing a battery operated carbon monoxide detector, in this case, sufficiently achieves the level of performance required by Article 9.33.4.3. of the Code.
Dated at Toronto this 17 th day in the month of June in the year 2010 for application number B-2010-12. Tony Chow, Chair Rick Florio Gary Burtch