THE COMPETITION TRIBUNAL
IN THE MATTER OF THE COMPETITION ACT, COMPETITION TRIBUNAL RS. 1985, c. C-34, as amended; TRIBUNAL OE LA CONCURRENCE p F R P~IS 20 2004' g IN THE MATTER OF an application by the I ~ FEV ('I~ "' Commissioner of Competition pursuant to D ~I sections 79 and 77 of the Competition Act, REGISTRAR - REGISTRAIRE T
OTTAWA, ON ' ODS/./
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant AND
CANADA PIPE COMPANY LTD./TUYAUTERIES CANADA LTEE EXPERT REPORT OF JOZEF ZORKO
Per: John A. Campion Fasken Martineau LLP Barristers & Solicitors P. 0. Box 20, Suite 4200
Toronto, ON M5K 1 N6
Per: Donald J. Rennie Department of Justice East Tower, Room 1112 234 Wellington Street Ottawa, ON K1A OH8
Solicitors for the Commissioner of Competition LES ARCHITECTES Desnoyers Mercure & Associes
CT-2002-006
AND IN THE MATTER OF certain practices by Bibby Ste-Croix, a Division of Canada Pipe Company Ltd.
Respondent Morris Rosenberg Deputy Attorney General of Canada
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Research and Analysis- Cast Iron Piping DMA File No 2002-050
Qualifications 2 Report Summary 3 Introduction .1 Description of the Mandate .2 Methodology .3 Limitations 4 Research: conditions/constraints-use of piping materials .1 Regulatory Context .2 Legal Framework .3 The National Plumbing Code .4 Standards .5 Requirements flowing from applicable codes .6 Scope and Meaning .7 Extra-regulatory Constraints 5 Piping Materials Readily Available .1 Metallic Products .2 Plastic and Polymer Resin-Based Products .3 Other Products .4 IPEX Inc. "XFR" PVC Piping Materials .5 Other Considerations 6 Conclusions 7 References Exhibits A - Curriculum Vitae of Jozef Zorko B - Curriculum Vitae of Fran~ois Hogue C - Curriculum Vitae of Christianne Rail D - Excerpts from Pertinent Codes E - /llustration 1
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Expert Report page 1of19 AFFIDAVIT OF JOZEF ZORKO Table of Contents
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping OMA File No 2002-050 page 2 of 19 AFFIDAVIT OF JOZEF ZORKO I, JOZEF ZORKO, Architect, of the City of Montreal in the Province of Quebec, 001 MAKE OATH AND SAY AS FOLLOWS:
1 Qualifications Resulting from my over 20 years of practice with the firm of Desnoyers Mercure & associates as an 002 architect involved in a number of highly complex institutional, commercial and industrial projects both for new construction and for the refurbishment and adaptive re-use of existing structures, I came to focus on and develop a particular expertise in the domain of building codes and regulations. This knowledge concerns not only the interpretation and application of codes but also the understanding of the regulatory process and framework as a whole and its impact on the design of buildings and their separate components and systems.
This accrued expertise is widely recognized and regularly sought on a consultancy basis by peers as 003 well as building owners and developers. This level of competency is further acknowledged by my appointment as professor in the field of building codes and regulations to undergraduate students at the McGill University School of Architecture as well as to interns and trainee architects for the Quebec Order of Architects continuing education program. Of special interest with regards to the application of building codes and regulations, I was also appointed to train the City of Montreal Permits and Inspections Services building Inspectors upon the adoption of the National Building Code of Canada (NBC) by the City of Montreal in 1995.
Attached as Exhibit "A" to my affidavit is a copy of my current Curriculum Vitae. 004 The firm of Desnoyers Mercure & associes has been active in the domain of professional architectural 005 services since its creation in 1957. The firm's involvement since in a wide spectrum of projects, in terms of building types and in terms of scope, has resulted in both the accumulation of knowledge and experience of key issues governing the design and use of buildings in Canada and the development of the highest standards of technical competency in all of the relevant domains.
OMA actively renders consulting services in the domain of building codes and regulations application, 006 within the work performed as general architectural services as well as stand-alone services for owners and other professionals, including code conformity assessments and conformity and fire & life safety upgrade programs.
For the purposes of this study and report, I also relied on the collaboration of my colleagues at 007 Desnoyers Mercure, Mr. Fran~ois Hogue, architect and associate of the firm as well as Ms. Christianne Rail, staff architect, who contributed to the research on which this report is based as well as to the writing of this report.
I attach as Exhibits "B" and "C" respectively, copies of their respective Curriculum Vitae. 008 Desnoyers Mercure & associes ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping OMA File No 2002-050 page 3 of 19 2 Report Summary In Canada, the physical characteristics as well as the use of construction materials are governed by 009 various construction codes and regulations enacted by authorities having jurisdiction at various levels.
The recent years have seen a progressive convergence of regulations across the various levels of 010 jurisdiction, federal, territorial, provincial and municipal, within their respective authority as defined by law, towards the adoption of similar, if not identical, requirements, following the National Model Codes developed by the National Research Council of Canada.
Acting as a whole, the various terms of the pertinent codes, namely the NBC and the National 011 Plumbing Code, by way of direct prohibition or indirectly through restrictions aimed at certain applications and building designs, create a situation where the use of non-metallic drain/waste/vent piping materials is heavily curtailed for a large measure of the construction industry.
Moreover, the wide differences in costs strongly affectthe possibility of choice among various materials 012 that would conform in all regulated cases to the applicable Codes. These constraints combine to create the current conditions in Canada where drain/waste/vent piping materials made from cast iron are clearly favoured as a material of choice.
The recent emergence of products that can be substituted in some cases for cast iron piping is not 011 likely, in the short term, to substantially mitigate the prevalence of cast iron in drain/waste/vent applications. For the long term, the viability of such substitutes remains speculative, owing to the legitimate reservations affecting these newly introduced materials as well as the limits imposed on their use by Code requirements.
Finally, tendencies observed in the evolution of drain/waste/vent piping elsewhere in the world and 012 more particularly in the United States suggest that important revisions to the requirements of the Canadian model codes may be forthcoming. However, this revision process generally takes place over a number of years and it would not be reasonable to expect that the regulatory constraints favouring the use of cast iron piping are likely to disappear in the short or even the medium term.
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Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis· Cast Iron Piping OMA File No 2002-050 page 4 of 19 3 Introduction .1 Description of the Mandate The mandate assigned to Desnoyers Mercure & associes by the Commissioner of Competition, 013 Industry Canada consists in providing an analysis and an expert opinion to verify whether there exist, in the construction industry, conditions such that the use of cast iron piping materials for drain/waste/vent applications could be considered for all practical purposes as essentially unavoidable.
The scope of the study required to make this determination is defined as covering the two 014 following aspects: a) the conditions defined by the legal or regulatory framework or by otherwise normative requirements, and b) the viability of using alternate materials under such conditions .
.2 Methodology The present study proceeded in two stages: first research and, second, analysis and 015 conclusions.
Where normative and regulatory issues are concerned, the approach was to follow the framework 016 of the regulatory system regarding construction materials and products in Canada at the national, provincial and municipal levels.
Organisations representing various industry stakeholders were also contacted to obtain 017 information regarding the possible existence of "para-normative" requirements, that is, requirements not emanating from regulations but rather from corporate or institutional performance or quality specifications.
Regarding materials for drain/waste/vent piping that could serve as substitutes for cast iron 018 products, the spectrum of products available on the market were investigated along with their use, with particular attention given to fire-retardant coated polyvinyl chloride piping, an innovative product manufactured by IPEX Inc .
.3 Limitations The present study is limited to the description of the regulatory environment and its effects on the 019 qualification of materials with regards to their use.
It is beyond the scope of this report to address the relative size or value of markets or market 020 segments related to such qualifications.
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Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping DMA File No 2002-050 page 5 of 19 4 Research: conditions/constraints-use of piping materials .1 Regulatory Environment Under the British North America Act and its successor, the Constitution Act, responsibility for 021 building regulations in Canada rests with the provinces and territories. This responsibility was generally delegated to municipalities, which, not surprisingly, resulted in a multiplicity of regulations being developed over time as each municipality tried to deal with its own needs. These variations from one municipality to the next made it very difficult for designers, product manufacturers and contractors to conduct business in more than one region.
Thus, in 1937, the federal Department of Finance asked the National Research Council (NRC) 022 to develop a model building regulation that could be adopted by all provinces and/or municipalities in Canada. The result of that initiative was the publication of the first edition of the NBC in 1941.
The post-war construction boom fuelled the demand for a revised NBC. Thus in 1948, NRC 023 created the Associate Committee on the National Building Code whose mandate was to update and maintain the NBC on an ongoing basis and to provide for broad input. The Associate Committee revised the NBC in 1953 and has subsequently published new versions approximately every five years. The 1995 version of the NBC 1995 is the 11th edition.
After having remained extremely fragmented and disconnected over the various levels of 024 government and the various authorities having jurisdiction, the regulatory environment in Canada has been considerably simplified over the recent years, eventually crystallizing around the set of Codes published by the NRC in 1995.
These codes are introduced as model documents; they must be enacted by an authority having 025 jurisdiction to have force of Law. The national model codes are therefore either adopted without modification as provincial, territorial or municipal building regulations or are modified to suit local conditions.
The framework of Codes takes the form of a hierarchy dominated by the NBC which states the 026 minimal requirements to be met in new construction regarding the health and safety of occupants and structural resistance. Where plumbing installations are concerned, part 7 of the NBC refers directly to the National Plumbing Code, which governs the design and installation of plumbing systems in buildings .
.2 Legal Framework In most provinces, laws regarding municipal affairs provide for the adoption of regulations 027 establishing standards for building construction, use and occupancy. The purpose of these laws is to regulate the building of structures so as to foster the health and safety of their occupants. In several provinces, municipalities are given the authority to adopt the NBC or the National Fire Code, in whole or in part. For the purposes of formulating provincial laws, the code can be adopted by simple reference in a municipal by-law.
In order to achieve a modicum of uniformity among their municipalities, the provinces of Quebec, 028 Ontario, Alberta, Prince-Edward Island, Manitoba and Saskatchewan enacted provincial laws regarding a provincial building code addressing the issues of fire/life prevention and safety.
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Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Research and Analysis- Cast Iron Piping OMA File No 2002-050 More particularly, the dispositions specific to the provinces are as follows, referring to the national model code, being the NBC:
.1 Nova-Scotia, Manitoba, Saskatchewan, Yukon, North-West Territories and Nunavut: the 030 NBC is generally applied everywhere;
.2 Prince-Edward Island, New-Brunswick: most municipalities have adopted the NBC; 031 .3 Quebec refers to its Building Act which provides for the adoption of the Building Code, 032 Chapter 1 - Buildings of the Construction Code and which has been in force since November 7, 2000. This document reproduces for the most part the 1995 edition of the NBC published by the NRC with some additions and alterations;
.4 In Ontario, the Building Code Act has replaced the building construction standards formerly 033 enforced by municipal by-laws by enacting the Ontario Building Code (OBC). However, as a result of the Act, City Councils act solely as enforcers of the Code established by provincial legislation and can not impose more stringent requirements than are set forth in the OBC. As in Quebec, the OBC closely matches the NBC;
The Ontario Building Code furthers includes a section 7 bearing specifically on plumbing; 034 .5 In Alberta, the Safety Codes Act enables the lieutenant-governor to enact regulations; the 035 Municipal Government Act enables city councils to edict regulations to assure the fire and life safety for buildings. These regulations essentially correspond to the NBC;
.6 In British Columbia, city councils have the absolute authority to adopt by-laws addressing 036 the health, security and safety of persons and property; councils may adopt the Canadian Electrical Code, the National Fire Code or the standards of the Canadian Gas Association; sections of the NBC have been adopted to form a provincial code .
.7 Newfoundland and Labrador: the NBC is applied on an individual basis by municipalities 037 and no provincial codes exist to govern either buildings or plumbing installations.
In some instances, provincial laws prescribe specific requirements applying to some aspects of 038 building construction. It appears that nothing prevents municipalities from adding construction requirement by-laws provided that this is done within the boundaries of their authority in the matter, as delegated by provincial governments.
It is worth noting that should the case arise of a conflict between municipal and provincial 039 regulations, the latter would take precedence .
.3 The National Plumbing Code Where plumbing installations are more specifically concerned, Part 7 of the NBC refers to the 040 National Plumbing Code, also introduced as model document, and whose purpose and scope is to address the requirements for the design and installation of plumbing systems. The Code is drafted in such a way that it may be adopted or enacted for legal use by any jurisdictional authority in Canada jointly with or separately from the NBC.
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Expert Report page 6of19 029
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Research and Analysis- Cast Iron Piping OMA File No 2002-050 Various jurisdictions, in accordance with their respective governing laws, have integrated the National Plumbing Code as follows:
.1 The following provinces and territories have adopted the National Plumbing Code with some 042 modifications and additions: Yukon, Nunavut, New-Brunswick, Prince-Edward Island (without any changes), North-West Territories, Saskatchewan, Manitoba and Nova-Scotia .
.2 The following provinces have created their own Plumbing Codes, adapted from the National 043 Plumbing Code with some modifications and additions: British Columbia (mainly additions), Ontario (with significant changes in scope and contents), Quebec (with additions);
.3 The Province of Newfoundland and Labrador does not have provincial regulations regarding 044 plumbing installations.
It is therefore safe to conclude that for all intents and purposes, jurisdictions generally follow 045 national model codes with some modifications and additions.
It is worth noting however that although municipal governments do not have the authority to 046 reduce by way of by-laws or otherwise the requirements of provincial building codes and regulations, they do have the authority to impose more restrictive requirements, including for example piping materials in drain/waste/vent plumbing installations, for any type of building erected within their jurisdiction and subject to their building permits.
This in no way contradicts the aim of model codes which is to foster fire and life safety in the use 047 and occupancy of buildings. It must also be pointed out that modifications or additions by various jurisdictions to the national model codes, if any, are usually made to create more restrictive provisions or stringent requirements to address special or unique local conditions, constraints or levels of quality .
.4 Standards Hundreds of standards are used in the construction industry and act in support of Code 048 requirements. More particularly, by application of article 2.7, the NBC directly and specifically includes by reference some 260 documents, codes and standards, which in turn also refer to a number of others. As a general rule, these are documents prepared by organisations accredited within their respective fields of interest by the Canadian Standards Council: - The Canadian General Standards Board (CGSB) - The Canadian Standards Association (CSA) - The Underwriter's Laboratories of Canada (ULC) - The Canadian Gas Association - The "Bureau de normalisation du Quebec" (BNQ). These standards, as well as parts and sections of the NBC also refer to standards from organisations in the United States such as the American Society for Testing and Materials (ASTM) and the National Fire Protection Association (NFPA).
A number of these standards are directly concerned with the physical characteristics and 049 properties of materials and products that are relative to the performance and functional requirements specifically prescribed by the Codes. These standards also refer to other CSA, ULC or ASTM standards governing the testing methods by which the numerical values are established for the performance and physical characteristics that are the object of precise Code specifications.
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Expert Report page 7 of 19 041
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping DMA File No 2002-050 page 8 of 19 It is thus through this standardisation system that products offered on the market are evaluated 050 and qualified relative to their suitability to Code requirements with regards to their use in construction .
.5 Requirements flowing from applicable codes Our survey of currently applied regulations has led us to conclude that various adaptations of 051 either the NBC or the National Plumbing Code do not affect the Code provisions that directly concern the issues and requirements at hand in the particular case of drain/waste/vent piping.
The provisions of the NBC, either in its original format or in its various jurisdictional incarnations, 052 that are relevant to this report are contained more specifically in Part 3: "Fire Protection, Occupant Safety and Accessibility". Requirements for the features offire protection are specified therein, as applicable relative to building size and occupancy. Not covered by Part 3 are commercial buildings, low or medium hazard industrial buildings and residential buildings having a building area less than 600m 2 or having three storeys or less in building height which are the object of Part 9 of the NBC. The article numbers indicated hereunder in reference to the discussion, indicate by the first digit that they are extracted from Part 3 of the NBC.
The requirements relevant to drain/waste/vent piping materials are covered first and foremost by 053 article 3.1.5.15. of the 1995 edition of the NBC, hereunder quoted in full: 3. 1. 5. 15. Combustible Piping Materials (1) Except as permitted by Clause 3.1.5.2.(1)(e) and Sentences (2) and (3), combustible piping and tubing and associated adhesives are permitted to be used in a building
required to be of noncombustible construction provided that, except when concealed in a wall or concrete floor slab, they a) have a flame-spread rating not more than 25, and b) if used in a building described in Sub-section 3.2.6, have a smoke developed classification not more than 50. (2) Combustible sprinkler piping is permitted to be used within a sprinklered floor area in a building required to be of noncombustible construction. (See alsoArticle 3.2.5.14.) (3) Polypropylene pipes and fittings are permitted to be used fro drain, waste and vent piping for the conveyance of highlky corrosive materials and for piping used to distribute distilled or dialyzed water in laboratory and hospital facilities in a building
required to be of noncombustible construction, provided a) the building is sprinklered throughout; b) the piping is not located in a vertical shaft, and c) piping that penetrates a fire separation is sealed at the
penetration by a fire stop system that, when subjected to the fire test method CAN4-S115-M, "Standard Methods of Fire Test of Firestop Systems," has an FT rating not less than the fire-resistance rating of the fire separation.
There are further indirect requirements relating to flame-spread and smoke developed 054 characteristics restrictions in sentence (1) of article 3.6.4.3. - Plenum Requirements of the NBC, copy of which is provided within Exhibit D, for piping in horizontal service spaces (between floor and ceiling, or ceiling and roof) used as a plenum. The restrictions regarding materials used inside such plenums are the same as those specified in sentence 3.1.5.15. (1) quoted above.
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Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis· Cast Iron Piping OMA File No 2002-050 page 9 of 19 Finally, sentence (3), hereunder quoted in full, of article 3.1.9.4, imposes an indirect constraint 055 resulting from the design of plumbing installations: 3. 1. 9.4. Combustible Piping Penetrations 3) Except as permitted by Sentences (4) to (6), combustible piping shall not be used in a drain, waste and vent piping
system if any part of that system penetrates a) a fire separation required to have a fire-resistance rating, or b} a membrane that forms part of an assembly required to have a fire-resistance rating.
Clause a) of Sentence (4) of article 3.1.9.4. nevertheless allows the use of combustible piping 056 for drain/waste/vent systems that penetrate fire-rated separations or assemblies provided that the piping is sealed at the penetration using prescribed fire-stopping materials. However, Clause b) of the same Sentence (4) of article 3.1.9.4. indicates that this allowance does not exist in the case of pipes installed in a vertical shaft. Note that in this last case, the prohibition of combustible piping materials in vertical shafts is made regardless of flame-spread rating or smoke contributed classification. Since plastic piping materials are combustible materials, the Code prohibits their use in vertical shafts.
The impact of the application of these provisions are discussed in section .6 hereunder. 057 .6 Scope and Meaning The significance of 3.1.5.15 1) can be understood in terms of the scope that the expression ". .. a 058 building required to be of noncombustible construction ... " represents. Section 3.2 - Building Fire Safety of the NBC establishes the parameters along which is determined where a noncombustible construction is required. Articles 3.2.2.20 to 3.2.2.83 specifically indicate in which cases, depending on use and occupancy, building area, building height, accessibility from public roads and the presence of automatic fire extinguishing systems, a requirement for noncombustible construction will exist.
Table 1 hereunder, entitled List of building types and configurations where non-combustible 059 construction is required and where 3. 1.5. 15(1 )a) is applicable summarizes the building types and configurations that the requirement for noncombustible construction can encompass. This list includes buildings classified as high-rise and for which the provisions of 3.1.5.15 1) b) are added. These buildings, defined in Sub-section 3.2.6 of the NBC, copy of which is included in the appendix, are described more specifically in Table 2 hereunder.
The restrictions prescribed in 3.6.4.3(1 )a) relative to piping installed in horizontal service spaces 060 used as plenums will apply wherever the construction of horizontal service spaces or ducts used as plenums using combustible materials is permitted. In this case, the requirements regarding smoke developed classification in 3.1.5.15(1)b) are added to the flame-spread ratings requirement in 3.1.5.15(1 )a) for all building types listed in Table 1.
This regulatory constraint is indirect in nature in that it is contingent upon technical decisions in 061 the design of buildings. As it were, the application of the other requirements indicated in article 3.6.4.3(1) generally make it preferable for economic as well as for technical reasons to avoid building plenums and service spaces using non-combustible materials.
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Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Research and Analysis- Cast Iron Piping OMA File No 2002-050 List of building types and configurations where non-combustible construction is required and where 3.1.5.15(1)a) is applicable
Classification i.e. having Assembly occupancies intended for the A-1 production and viewing of the performing more than one storey above grade arts
Assembly occupancies not elsewhere A-2 classified in Group A (restaurants, schools, more than two storeys above grade auditoria, libraries, churches, etc.)
more than one storey above grade or a total A-3 Assembly occupancies of the arena type building area greater than 1800m2 Assembly occupancies in which occupants A-4 a number of occupants greater than 1500 are gathered in the open air (stadia); Care or detention occupancies in which persons are under restraint or are incapable 8-1 - no exception of seif preservation because of security measures not under their control
Care or detention occupancies in which 8-2 persons having cognitive or physical limitations require special care or treatment c Residential occupancies
Business and personal services D occupancies E Mercantile occupancies
F-1 High hazard industrial occupancies more than three storeys above grade F-2 Medium hazard industrial occupancies more than three storeys above grade F-3 Low hazard industrial occupancies more than four storeys above grade Desnoyers Mercure & associes ARCHITECTES
Expert Report page 10 of 19 Table 1
more than two storeys above grade or a building area of 2 400m2 more than four storeys above grade, or more than three storeys above grade when not prinklered
more than four storeys above grade, or more than three storeys above grade when not prinklered more than four storeys above grade, or more than three storeys above grade when not prinklered
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002·006 Research and Analysis- Cast Iron Piping OMA File No 2002-050 List of building types and configurations where non-combustible construction is required and 3.1.5.15(1 )a) is not applicable
Classification i.e. all buildings used for assembly, business AID/E/F and personal services, mercantile or industrial occupancies all buildings used for assembly, business AIDIEIF and personal services, mercantile or industrial occupancies all buildings used for care or detention B occupancies all buildings used for care or detention occupancies in which persons require B-2 special care or treatment (hospitals, sanitariums, etc.)
c where one floor Is located higher than 18m Resident/al Occupancies {:t6 storeys) above grade Finally, the application of article 3.1.9.4. emphasizes the impact of the design of an entire 062 plumbing system and its configuration within the building space. The cases in which the requirements of this article permit the use of combustible piping materials are those of isolated pipes or small groups of pipes where the act of cutting holes for each individual pipe does not involve significant difficulties with regards to either the integrity of the load-bearing capacity of structural elements in floors or walls, or to the additional costs in labour incurred the application of fire-stopping materials at each opening, as required under 3.1.9.4.(4)a).
It is however generally significantly more cost-effective during construction and for the purposes 063 of building operation in many types of occupancies and uses to regroup pipes and ducts in strategically located vertical shafts so as to facilitate installation, maintenance and replacement. From the point of view of the use of the building space, this design principle allows for much greater flexibility in the planning of floor areas as well as for the eventual remodelling of spaces, since it is much easier to alter horizontal runs of pipes and ducts than to displace vertical risers. As a result of this, it is a widespread standard design strategy to concentrate a variety of building services ducts, conduits and pipes within vertical shafts, where the use of combustible piping materials in prohibited in all buildings, as specified in 3.1.9.4(4) b) .
.7 Extra-regulatory Constraints Among buildings where combustible construction would be allowed and where neither Sub- 064 section 3.2.6 nor articles 3.1.5.15 and 3.6.4.3 would thus be applicable, there could exist, over and above those prescribed by the Codes in effect, even more restrictive requirements. Such could be the case, for example, with major builders, property developers or owners as a result of internal policies, design standards or other proprietary issues. It could also be the result, in the case of, for example, industrial or commercial buildings where combustible construction is permitted by Codes, of additional requirements imposed by property insurers or mortgage holders.
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Expert Report page 11of19 Table 2
and where the uppermost floor is located higher than 36m {:t 12 storeys) above grade where the uppermost floor is located higher than 18m {:t6 storeys) above grade for an occupant load to be established in accordance with the prescribed method where the uppermost floor is located higher than 18m {:t6 storeys) above grade occupying a floor area located above the third storey of any building
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping OMA File No 2002-050 page 12 of 19 5 Piping Materials Readily Available Table 3 hereunder lists the inventory of products commonly used in construction and which can be 065 used in drain/waste/vent piping applications as a substitute for cast iron pipes, as governed by the requirements of the National Plumbing Code:
Table 3 -Materials commonly available for drain/waste/vent installations Applicable Materials Standards Metallic Aluminium pipes CANICSA·B281·M Cast iron drain pipes CSA·B70 Galvanised steel pipes ASTM·AS3 Copper or brass pipes ASTM·B 42, 43 Rigid copper tubing ASTM-888 Copper DWV tubing ASTM-8306 Lead drain pipes CSA-B67 Polymers Polyvinyl Chloride (PVC) DWV pipes CSA-8181.2 Polyvinyl Chloride (PVC) DWV XFR pipes CSAB181.2 Acry/onitrine-Butadiene Styrene (ABS) CSA-8181.1 plastic DWV pipes ABS plastic DWV pipes, honeycomb core, ASTM-F628 schedule40 Polyolefin for laboratories (PO) CAN/CSA·B181.3·M Polyethylene (PE) CSA-B137.1 Po/yvinyldiene Fluoride (PVDF) ASTM F1673-02 Polypropylene (PP) Polybutylene (PB) CAN/CSA·B137.S-M Chlorinated Polyvinyl Chloride (CPVC) CSA·B137.6 Other materials Cement-asbestos DWV CAN/CGSB-34.22 Cement-asbestos not under pressure CAN/CGSB-34.23 Stainless Steel Concrete CAN/CSA·A257.1·M Glazed ceramic pipes CSA·A60.1·M Borosilicate Glass DWV pipes ASTM C1053-00 (1) The numerical values indicated for Ratings are absolute numbers used as indices where the lower the value of the number, the safer the product; n.a.: not-available
.1 Metallic Products The National Plumbing Code permits the use of a variety different metals such as aluminium, cast 066 iron, copper and steel. These materials are noncombustible and have a flame spread rating and a smoke developed classification of zero, allowing them to be used in virtually all buildings and occupancies. As far as the above-ground drain/waste/vent piping market is concerned, only cast iron and copper are available. The other materials are not generally available, requiring special orders and implying long delivery delays as well as high costs.
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As per the National Ratings 1 ' 1 Plumbing Code 1995 Application Flame Smoke Drain Vent Spread Developed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed 10 250 Allowed Allowed 0 35 Allowed Allowed 200 500 Allowed Allowed 200 500 Allowed Allowed n.a. n.a. Prohibited Prohibited n.a. n.a. Prohibited Prohibited 0 45 Prohibited Prohibited n.a. n.a. Prohibited Prohibited n.a. n.a. Prohibited Prohibited 5 40 Allowed Allowed Prohibited Prohibited nla Allowed Allowed Prohibited Prohibited Prohibited Prohibited Allowed Allowed
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping OMA File No 2002-050 page 13 of 19 As far as total material and installation costs are concerned, copper piping is less expensive to 067 use for diameters up to 75mm and cast iron is more economical for diameters above 75mm. Therefore, as a general rule, copper pipes and fittings commonly used are 75mm diameters and less and cast iron pipes and fittings are usual for larger diameters .
.2 Plastic and Polymer Resin-Based Products Synthetic resins used in the fabrication of plastic pipes are either of the thermosetting or 068 thermoplastic type. Where the application of model Codes is concerned, these materials are considered as combustible materials, defined in the CNB as materials not conforming to the criteria of non-combustibility set out by the CAN4-S114 standard "Standard Method of Test for Determination of Non-Combustibility in Building Materials". Moreover, in both types, the characteristic performance under exposure to fire, expressed in terms of flame spread rating and smoke developed classification, as determined by the CAN/ULC S 102.2 standard, are the limiting factors in the cases where combustible piping is permitted by the Code in buildings otherwise required to be of noncombustible construction.
Plastic-based piping system components are assembled and joined using solvents which eases 069 and reduces the cost of installation compared to copper and cast iron pipes. ABS plastic installations are less expensive than PVC installations since the latter is denser.
Table 3 shows that on the basis offlame spread rating and smoke developed classifications, only 070 PVC piping materials would be permitted for use in drain/waste/vent systems in the building types listed in Table 1, and this under the constraints relative to plenums and those penetrations through fire-rated separations which then need to be sealed with rated fire-stopping materials. These materials would still however be prohibited for use in vertical shafts .
. 3 Other Products Other materials are also available for above-ground drain/waste/vent plumbing but their use is 071 limited to very specific instances such as:
.1 borosilicate glass, used mainly in laboratories where corrosive chemicals such as 071 concentrated acids or alkalis could damage drainage pipes;
.2 asbestos-cement composites, used mainly for very large diameter pipes such as collectors 072 at building connections to public utilities;
.3 stainless steel, used for drainage in industrial process installations; 073 .4 "XFR" PVC piping by IPEX Inc .. The following discussion of IPEX Inc. piping products is based on information garnered from 074 standard product brochures and technical literature published by IPEX Inc., as well as data available form the company's web site.
IPEX Inc. manufactures in Canada a wide range of plastic piping materials both for the domestic 075 and export markets. It produces pipes made of ABS, PVC, CPVC, PVDF and PE for various applications.
Desnoyers Mercure & assoc1es ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002·006 Expert Report Research and Analysis- Cast Iron Piping OMA File No 2002-050 page 14 of 19 Resins used in the fabrication of pipes are procured from the main chemical product 076 manufacturers (Dupont, Goodyear, etc.) Pipes used in buildings for above-ground applications are made of Polyvinyl Chloride (PVC) and Acrylonitrile Butadiene (ABS). PVC drain/waste/vent piping products are produced by IPEX Inc. under the designation "system 15".
IPEX Inc. has recently developed a new line of products under the designation "XFR", based on 077 its "system 15" range and whose flame spread rating is 0 and smoke contributed classification is 35. These pipes are also made of PVC but with the addition of an acrylic-based coating especially formulated to enhance its performance characteristics under exposure to flames. While the base materials thus conform to the requirements of Clauses 3.1.5. 15 1) a) and b) of the NBC, their approved use is also subject to very specific methods of field assembly and rules of workmanship. In actual applications, the protective coating has to be stripped and the base plastic materials exposed at connection points to allow for the assembly by bonding. Touch-ups of the protective coating therefore have to be field-applied to restore the integrity of the product's fire-resistance characteristics. The approved use of these products is also contingent on the use of special, purpose-made proprietary products and devices to seal and fire-stop penetrations through fire-rated separations and assemblies (walls, shafts, floors or roofs), as per article 3.1.9.1 of the NBC. IPEX Inc. manufactures and distributes these accessory products.
These attributes and procedures form the product's main drawback in their use for conformity 078 with code requirements as it is heavily contingent on actual workmanship and the field conditions of installation. The conformity of finished work is thus at the mercy of contractors' and labourers' knowledge and experience in the use of these products as well as their understanding of the criticality of the prescribed assembly procedures and quality of workmanship. Similarly, there needs to be an understanding and recognition of the importance of the integrity of the fire-resistance characteristics in the finished work and which is far from a trivial matter in the culture of the construction trades.
The procedure that requires altering the materials' integrity at every connection point appears as 079 a serious flaw since the ultimate ability to fulfill its purpose with regards to Code requirements appears as entirely dependent on a quality of workmanship difficult to assure a priori and likely unverifiable a posteriori because works may have become inaccessible for inspection or without extensive testing procedures.
For these reasons it is reasonable to expect that plumbing system designers and specifiers would 080 have some reticence towards the use of such a product to substitute for cast iron pipe products which are well established in standard trade practices and for which related works are also familiar. In all likelihood, it will take some time for contractors and tradesmen to become familiar with IPEX lnc.'s new XFR line of products (or other similar materials) and for the procedures for their use to become well understood before the product becomes well integrated in standard construction practice.
The durability of these materials is also a key issue, one that has become pivotal in the 090 development of construction codes and standards. The durability of materials and assemblies, in terms of the longevity of their base physical properties and characteristics, resistance overtime to exposure to various normal building operations, as well as the ability to conserve these characteristics after exposure to fire are core issues in the current development of objective-based codes expected to eventually replace and supersede current model Codes. Although quantitative and qualitative performance standards in this domain have to be developed, it is clear that because of their nature, polymer-based materials will be directly affected by these considerations.
Desnoyers Mercure & associes ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping DMA File No 2002-050 page 15 of 19 Finally, the currently emerging trend towards the environmentally sustainable design of buildings 091 and their component systems brings to the forefront further disadvantages of synthetic polymer-based materials compared to cast iron piping which lends itself far more easily to recycling and reuse.
All of the above observations outline the significant inconveniences and the risks that can be 092 associated with IPEX lnc.'S XFR products that create a situation where they can only be perceived and selected as a viable alternative to cast iron piping materials if an important advantage is to be gained, either in terms of shortened delivery and/or installation schedules, work site procedures efficiency or, most importantly, in terms of economic benefits.
The viability of IPEX lnc.'s product in these terms remains to be established, as it has been on 093 the market for too short a time to make this determination. Although this situation may change over time, it therefore does not appear reasonable for anyone to assume that these products constitute an obvious substitute for cast iron.
Such products are still considered combustible materials and as a result would still be prohibited 094 in drain/waste/vent plumbing systems in all buildings listed in Tables 1 and 2 above when installed in vertical shafts and in all other cases where a non-combustible construction is required. Standard design practices for building mechanical systems therefore create a situation where the "XFR" type piping materials remain a marginal alternative to cast iron in drain/waste/vent piping systems in all buildings listed in tables 1 and 2 .
.5 Other Considerations Whether in terms of technology or of design practices related to any building elements, the 095 construction industry is in constant evolution. Historically, building codes and regulations have relied on empirically acquired knowledge on performance in actual conditions and have consequently evolved continuously in kind. The restrictions and requirements stated in building Codes are the reflection of the consensus achieved among the main stakeholders of the construction industry to establish reference standards. In Canada, this proceeds by the conciliation of ideas and convictions prevailing in any given specialty or trade. Traditionally, the building products' manufacturing industry greatly contributes to the development of new reference standards and design practices as well as, directly or indirectly, to the elaboration not only of national model codes but also to provincial or municipal codes and regulations.
It has long been argued that the use of plastic or polymer based piping systems in buildings, 096 especially in the case of drain/waste/vent applications has little if any bearing on the behaviour of structures in the event of a fire. Reservations have also been expressed concerning the risks associated with smoke emitted by plastic pipes exposed to flame. The current literature in the domain of fire and life safety often cites the arguments put forward by researchers in various institutions that the demonstration has never been conclusively made of the risks and dangers from which the regulations aimed at plastic piping materials are purported to protect the public.
For example, in its 2000 version, the Uniform Plumbing Code, the equivalent in the United States 097 as a model code to Canada's National Plumbing Code, all previous restrictions regarding plastic piping materials have been removed. In parallel, the 2000 edition of the International Plumbing Code imposes no restrictions on the use of plastic piping materials while the International Building Code 2000 does include a number of restrictions on these uses, in particular in the case of high rise buildings.
Desnoyers Mercure & associes ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping DMA File No 2002-050 page 16 of 19 Since these model codes undergo a number of modifications or amendments in the process of 098 their adoption by State and/or Municipal governments, there potentially exists a wide diversity in the restrictions eventually imposed on plastic piping materials, ranging from complete elimination to the integral conservation of the anterior model code provisions. The literature published on this subject notes further that where it results in maintaining restrictions as they are, the legislatures' resistance to change is frequently attributed to the influence exerted by economic interests, unions or other lobby groups. It should also be emphasized that in the American experience, it is only at the end of a revision process lasting up to twenty years that some jurisdictions have finally lifted restrictions on the use of plastic piping materials.
We can only conclude from the preceding that even assuming that the current code requirements 099 are likely to be sooner or later revised in depth, such revisions could not be expected to be put into effect in the near future except in jurisdictions where authorities can be persuaded to amend their respective regulations to depart from national model codes. The current regulatory restrictions on the use of plastic piping materials in drain/waste/vent plumbing systems which clearly, although indirectly, favour the use of cast iron pipes can therefore not be expected to be eliminated in the near future.
Desnoyers Mercure & associes ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping DMA File No 2002-050 page 17of19 6 Conclusions Building codes and regulations prohibit the use of plastic piping materials listed in Table 3 in 100 drain/waste/vent plumbing systems as follows: i) in all buildings listed in Table 2; ii) in all buildings listed in Table 1, where the design is such that piping systems are installed in horizontal service spaces used as plenums or in vertical shafts. The case evoked in ii) above is certainly the most frequent occurrence in buildings listed in Table 1. This building design principle can easily be considered as most widespread among standard design practices for the planning of plumbing systems as much for the purposes of cost-efficiency as for its economic and functional advantages relative to planning and building operations.
In the cases described in i) and ii) above, the additional restrictions imposed by the Plumbing Code on 101 the selection of piping materials relative to use create a situation where, for all practical purposes, the choice of metal piping products generally becomes self-evident. Then must be factored in the economic considerations, where the materials least expensive at purchase and in which labour costs at installation will take precedence. Based on experience and set practice, the standard approach to the design of drain/waste/vent plumbing networks using metal piping materials is to choose copper for all elements having a diameter of 75mm or less and cast iron for all greater dimensions. As it were, most of the drain/waste/vent system elements in buildings listed in Tables 1 and 2, for reasons of the load inherent to the uses and scales listed, will be required to have diameters greater than 75mm and therefore cast iron piping will be selected except in the rare occurrences where economic considerations would yield to technical requirements exceeding those of the applicable codes.
The combination of regulatory and economic constraints as well as the most current standard design 102 practice distinctly favour the selection of iron piping materials for use in drain/waste/vent applications, covering the majority of buildings governed by Part 3 of the NBC. We are not in a position to ascertain how much of the total real property is affected by the above-mentioned restrictions regarding non-combustibility, flame spread ratings and smoke developed classification for DWV piping materials, in terms of, for example, building area or economic value. It appears however obvious, as we have demonstrated, that it represents a very large share of the total, in particular in urban settings. It is also worth mentioning the ubiquity of cast iron piping in older buildings undergoing renovations and rehabilitations and where the conservation and repair of existing large diameter pipes is usually preferred over replacement, owing to the durability of cast iron systems.
In the absence of the immediate or short term availability of materials that can be substituted for cast 103 iron pipe materials, in compliance with building codes and regulations in effect currently and in the foreseeable future and at a cost comparable to cast iron systems for materials and labour, we can conclude that there exists a clear advantage in the market for cast iron products in the current and foreseeable market for drain/waste/vent piping materials destined for a very large segment of the entire building construction industry.
See Illustration 1, attached herewith as Exhibit E, summarily illustrating the importance of cast iron piping in the distribution of building types for new construction.
Sworn before me at the City of Montreal In the Province of Quebec on February 20, 2004.
Desnoyers Mercure & associes ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Expert Report Research and Analysis- Cast Iron Piping OMA File No 2002-050 page 18 of 19 7 References .1 Codes et Regulations National Building Code of Canada -1995, Canadian Commission on Building and Fire Prevention Codes, National Research Council, 1995.
National Plumbing Code - - 1995, Canadian Commission on Building and Fire Prevention Codes, National Research Council, 1995.
Quebec Construction Code - Chapter 1, Buildings, National Research Council, 1995.
Ontario Building Code 1997, Ministry of Municipal Affairs and Housing, 2000
Alberta Regulation 219/97 - Plumbing Code Manitoba Plumbing Code -1998 Province of Saskatchewan: The Plumbing and Drainage Regulations, Chapter P-37.1Reg1, Public Health Act, 1994
The Public Works Function in Canadian Jurisdictions, Institute on Governance, Real Property Services - INAC, Public Works and Government Services Canada, October 1998 .
.2 Reference Literature A. Blaga, Use of Plastics as Piping Materials, Canadian Building Digests CBD-219, National Research Council, 1983
A. Blaga, Thermoplastic Pipe, Canadian Building Digests CBD-220, National Research Council, 1983
A. Blaga, Reinforced Thermosetting Plastic Pipe, Canadian Building Digests CBD-227, National Research Council, 1983
Technical Literature from IPEX Inc. - IPEX XFR Pipe system, - IPEX System 15 DWV, - IPEX System ABS (DWV), - Use of combustible pipes in noncombustible construction, Information Bulletin
R. George, GIPE, CPD, SmithGroup Inc., Designer's Guide -Piping Materials, in Plumbing Engineer, July 2001, TMB Publishing Inc.
J.B. Zicherman, Ph.D., Fire Cause Analysis, Plastic Pipe and Fire Safety (draft), NFPA Journal, National Fire Protection Association, September 2000.
Fire Protection Handbook, 16th edition, National Fire Protection Association, Quincy, Massachuset, 1986
Desnoyers Mercure & associes ARCHITECTES
Commissioner of Competition v. Canada Pipe Company Ltd., CT-2002-006 Research and Analysis- Cast Iron Piping OMA File No 2002-050 A - Curriculum Vitae of Mr. Jozef Zorko B - Curriculum Vitae of Mr. Fran~ois Hogue C - Curriculum Vitae of Ms. Christianne Rail D - Excerpts from the Pertinent Codes
National Plumbing Code 1995 - Article 2.5.12 2)
D - Illustration 1
Desnoyers Mercure & associes ARCHITECTES
Expert Report page 19 of 19 EXHIBITS National Building Code 1995 - Article 3.1.5.15 - Sub-section 3.2.6 - Article 3.6.4.3 - Article 3.1.9.4 - Annex A, article 3.1.2.1 1)
EXHIBIT A Jozef Zorko, B.Arch, B.Sc. (architecture), OAQ, OAA, VBA, NFPA, principal, senior architect. Acting as partner with DESNOYERS MERCURE & ASSOC I ES, Mr. Zorko has developed a unique expertise in the domain of technical and functional programming for architectural projects, with particular emphasis on the interpretation and integration building codes and regulations. The resulting ability to assure the comprehensiveness of initial studies and address highly complex projects for both new construction and the rehabilitation of existing structures has been a key factor in the achievements of the firm on major institutional projects. This expertise has also been transferred into the production of detailed and sophisticated studies and reviews of buildings for the purposes of fire & life safety assessments and code conformity upgrade programming for a host of private and public structures. Mr. Zorko's competence in these matters have made his expertise highly sought by peers and other professionals in their own pursuits as well as in the context of litigation to address problematic and complex issues to which he is able to bring a comprehensive and enlightening contribution.
Education Bachelor in Architecture, with honors, McGill University School of Architecture, Bachelor in Science, with honors, McGill University School of Architecture, D.E.C. Pure & Applied Sciences, Marianopolis College, Montreal
Distinctions Recipient of the Hugh Mclennan Memorial Award, McGill University School of Architecture, Recipient of the RAIC Gold Medal for academic merit; Recipient of the Wilfred Truman ShaverAward, McGill University School of Architecture, Recipient of the McConnell Award of Excellence for academic merit, McGill University School of Architecture,
Professionnal Affiliations Member of the Quebec Order of Architects Member of the Ontarion Association of Architects Member of the Vermont Board of Architects Member of the National Fire Protection Agency Member of the Royal Architectural Institute of Canada
Professional Experience Since 1985, Architect with the firm of Desnoyers Mercure & Associes, acting as project architect of which the following projects, particularly affected by regulatory constraints: Rehabilitation of the Library of Parliament, Ottawa Renovation and fit-up of the Justice Building, Ottawa Renovation of the McGill University Engineering Complex Paramount Complex, Montreal Renovation and fit-up of the Supreme Court building, Ottawa Faubourg Ste-Catherine, Montreal Mr. Zorko also acted as the firm's internal consultant in the domain of building codes and regulations, most prominently for the following projects: The New Canadian War Museum, Technical and Functional Program, Ottawa; The new J.-Armand-Bombardier building, University of Montreal, Montreal Victoria Memorial building Technical and Functional program, Canadian Museum of Nature, Ottawa Master Plan for space use, University of Montreal campus, Montreal Montreal Museum of Fine Arts south extension, J.-N.-Desmarais building, Montreal Mr. Zorko also acted as chief analyst in the following studies relative to building regulations (short list): Montreal World Trade Centre (litigation) Code conformity upgrades, Place du Pare Complex, Montreal Code conformity upgrades, Haddon Hall housing complex, Montreal, Code conformity upgrades, Molson Stadium, Montreal Renovation of Windsor Station, Montreal,
Teaching Since 1987, guest lecturer at the McGill University School of Architecture, Since 1988, teacher at the Quebec Order of Architects continuing education program Since 1993, training of building inspectors at the City of Montreal Permits and Inspection Services
This is Exhibit "A" to the Affidavit of ozef Zorko sworn before me at Montreal, Quebec this 20th day of February, 2004
EXHIBITS Fran~ois Hogue, B. Arch., M.Sc. , OAQ, PMI, principal, senior architect. Acting as project architect and project manager for Desnoyers Mercure & associes. Mr. Hogue is responsible for the firm for the preparation of technical specifications and construction contract documents. In this capacity, he directs and oversees technical research into building technology and materials and quality control procedures.
Mr. Hogue also acts as senior analyst in the various expert-studies undertaken by the firm. Education Master's in Sciences (M.Sc.) Universite du Quebec Bachelor's in Architecture (B.Arch.), School of Architecture, Laval University, D.E.C. Pure & Applied Sciences, Bourgchemin College, St-Hyacinthe
Professional Member of the Quebec Order of Architects (OAQ) Member of the Royal Architectural Institute of Canada (RAIC) Memeber of the Project Management Institute (PMI) Memeber of Construction Specifications Canada (CSC)
Professional Activities Contributing writer to Canadian Architectural Practice Manual, Royal Architectural Institute of Canada (RAIC) Memebrofthe Canadian Commission on Construction Materials Evaluation (CCCME), National Research Council (NRG) Memeber of the Canadian Construction Documents Committee (CCDC)
Professionnal Experience Since 1985, Architect with the firm of Desnoyers Mercure & Associes (from Junior to Senior), acting as project architect for the main following projects: New Student Residences, Hotel du Pare, McGill University McGill University Engineering Complex Space Audit Functional Programming, J.-Armand-Bombardier building, University of Montreal Renovation of the Claire-McNicoll building, University of Montreal Refurbishment of the Biosphere, Tie Sainte-Helene, Montreal Riviere-des-Prairies recreational pool complex, Montreal National Bank of Canada regional banking centre, St-Hyacinthe Le Groupe Commerce central data processing centre, St-Hyacinthe Renovation and fit-up of the Centre Administratif Ernest-Cormier, Montreal (Quebec); Services building, Aluminerie de Becancour, Becancour Mr. Hogue also acted as internal consultant in the domain of preliminary studies, project planning and construction contract strategies for the following main projects: New Canadian Chancery, Cairo, Egypt College Gerald-Godin, Ste-Genevieve, Quebec Building Envelope Remedial Work, Montreal World Trade Centre, Montreal Museum of Fine Arts south extension, J.-N.-Desmarais building, Montreal Jean-Grou High School, Riviere-des-Prairies Mr. Hogue has also acted as senior analyst in de following expert-studies: C.l.L. Building due diligence, Montreal Liquid Air industrial Complex due diligence studies, City of Montreal Code conformity due diligence studies, Nun's Island, Montreal Hotel Chateau Royal, Montreal, Le 1212 avenue Des Pins, Montreal, Zellers store collapse, Place Bourassa, Montreal-Nord, Windsor Building, Montreal, Inter-Continental Hotel, Montreal, Museum of Contemporary Art, Montreal,
This is Exhibit "B" to the Affidavit of this 20th day of February, 2004
EXHIBITC Christianne Rail, B.Arch. Attributions Intermediate Architect, building codes and regulations specialist, charged with preliminary project studies in the domain of building codes as well as with code conformity assessment and upgrades programming.
Education Master's in Urban Planning (in progress) McGill University Bacchelor in Architecture, Laval University, Quebec D.E.C. Pure and and Applied Sciences, College de la Gaspesie et des Ties, Gaspe, Quebec
Professionnal Experience Since September 2000, with the firm of Desnoyers Mercure et associes as internal consultant in building codes and regulations, assigned to studies on the folowing projects: C.l.L. Building Code Conformity Upgrades C.l.L. Building due diligence, Montreal J.-Armand-Bombardier building, University of Montreal Extension of the UPA head offices, Longueil, Quebec Renovation of the Claire-McNicoll building, University of Montreal Code conformity due diligence studies, Nun's Island, Montreal Hotel Chateau Royal, Montreal, Le 1212 avenue Des Pins, Montreal, Windsor Building, Montreal, Code conformity upgrades, Place du Pare Complex, Montreal Code conformity upgrades, Haddon Hall housing complex, Montreal, Code conformity upgrades, Molson Stadium, Montreal Renovation of Windsor Station, Montreal, Inter-Continental Hotel, Montreal,
2000 With the Permits and Inspections Services of the City of Montreal as building inspector, assigned to the Notre-Dame-de-Grace sector.
1995 With the City of Gaspe as architectural advisor for the rehabilitation of heritage structures having provincial designations.
This is Exhibit ·c· to the Affidavit of Jozef Zorko sworn before me at Montreal, Quebec this 20th day of February, 2004
3.1.5.11. Tes ts of Building Construction and Mate- b) the partitions are not located in a care or rials," detention occupa-ncy, and i) will not develop an average temper- c) the partitions are not installed as enclo- ature rise more than 140'C or a sures for exits or vertical service ~ces. maximum temperature rise more
than 1B O'C at any point on its unex- 3) Solid lumber partitions not less than posed face within 20 min, and 38 mm thick and partitions that contain wood fram- ii) will remain in place for not less ing are permitted to be used in a building required than 40 min. to be of noncombustible construction provided a) the building is sprinklered throughout, and SJ Combustible insulation, including foamed b) the partitions are not plastics, installed above roof decks, outside of foun- care or detention occu- i) located in a dation walls below ground level and beneath pancy, concrete slabs-on-ground is permitted to be used in ii) installed as enclosures for exits or a building required to be of noncombustible vertical service spaces, or construction. iii) used to satisfy the requirements of 6) Thermosetting foamed plastic insulation Clause 3.2.8.1.(l)(a). having a flame-spread rating not more than 500 which forms part of a factory-assembled exterior 3.1.5.13. Storage Lockers In Residential wall panel that does not incorporate an air space is Bull dings permitted to be used in a building required to be of noncombustible con..<ttruch°on provided 1 J Storage lockers in storage rooms are per- a) the foamed plastic is protected on both mitted to be constructed of wood in a building of sides by sheet steel not less than 0.38 mm residential occupancy required to be of noncombustible thick which will remain in place for not construction. less than 10 min when the wall panel is tested in conformance with CAN/ULC- 3.1.5.14. Combustible Ducts SlOl-M, "Standard Methods of Fire 1 J Except as required by Sentence 3.6.4.3.(1), Endurance Tests of Building Construction combustible ducts, including plenums and duct and Materials," connectors, are permitted to be used in a building re-b) the flame-spread rating of the wall panel, quired to be of noncombustible construction provided determined by subjecting a sample these ducts and duct connectors are used only in including an assembled joint to the ap- horizontal runs. propriate test described in Subsection 3.1.12., is not more than the flame-spread 21 Combustible duct linings, duct coverings, rating permitted for the room or space duct insulation, vibration isolation connectors, duct which it bounds, tape, pipe insulation and pipe coverings are permit-c) the building does not contain a Group B ted to be used in a building required to be of pr Group C major occupancy, and noncombustible construction provided they conform d) the building is not more than 18 m high, to the appropriate requirements of Subsection 3.6.5. grade measured between and the floor level of the top storey. 3) In a building required to be of noncom- bustible construction, combustible ducts need not comply with the requirements of Sentences 3.1.5.12. Combustible Elements In 3.6.5.1.(1) and (2) provided the ducts are Partitions a) part of a duct system conveying only 1 ) Except as permitted by Sentence (2), solid ventilation air, and lumber partitions not less than 38 mm thick and b) contained entirely within a dwelling unit. wood framing in partitions located in a fire compart- 2 ment not more than 600 m in area are permitted to 3.1.5.15. Combustible Piping Materials be used in a building required to be of noncom- bustible construction in a floor area that is not 1) Except as permitted by Clause sprinklered throughout provided the partitions 3.1.5.2.(l)(e) and Sentences (2) and (3), combustible a) are not required fire separations, and piping and tubing and associated adhesives are per- care or detention occu- mitted to be used in a building required to be of b) are not located in a pancy. noncombustible construction provided that, except when concealed in a wall or concrete floor slab, they 2) Partitions installed in a building of non- a) have a flame-spread rating not more than combustible construction are permitted to contain 25, and wood framing provided b) if used in a building described in Sub- a) the building is not more than 3 storeys in section 3.2.6., have a smoke developed building height, classification not more than 50. This is Exhibit "D" to the Affidavit of Jozef Zorko sworn before me at Montreal, Quebec this 20th day of February, 2004
3.1.6.3. 2) Combustible sprinkler piping is permitted cl the wires and cables are communication to be used within a sprinklered floor area in a building cables used at the service entry to a required to be of noncombustible construction. (See building and are not more than 3 m long. also Article 3.2.5.14.) (See Appendix A.)
3) Polypropylene pipes and fittings are per- 3.1.5.18. Combustible Travelling Cables mitted to be used for drain, waste and vent piping for the conveyance of highly corrosive materials for Elevators and for piping used to distribute distilled or dia- 1 J Combustible travelling cables are permit-lyzed water in laboratory and hospital facilities in a ted on elevating devices in a building required to be building required to be of noncombustible construction, of noncombustible construction. provided a) the building is sprinklered throughout, 3.1.5.19. Nonmetallic Raceways b) the piping is not located in a vertical shaft, and 1 J Totally enclosed nonmetallic raceways c) piping that penetrates a fire separation is not more than 625 mm 2 in cross-sectional area are sealed at the penetration by a fire stop permitted to be used in a building required to be of system that, when subjected to the fire noncombustible construction to enclose optical fibre test method in CAN4-Sl 15-M, "Standard cables and electrical wires and cables, provided the Method of Fire Tes ts of Fires top Sys- raceways exhibit a vertical char not more than 1.5 m tems," has an FT rating not less than the when tested in conformance with the Vertical Flame fire-resistance rating of the fire separation. Test (FT - 4) - Conduit or Tubing on Cable Tray in Clause 6.16 of CSA C22.2 No. 211.0-M, "General Requirements and Methods of Testing for Nonmetallic 3.1.5.16. Combustible Plumbing Fixtures Conduit.'' 11 Combustible plumbing fixtures, including 3.1.6. Tents and Air-Supported wall and ceiling enclosures that form part of the Structures plumbing fixture, are permitted in a building re-quired to be of noncombustible construction provided (See Appendix A.) they are constructed of material having a {lame-spread rating and smoke developed classification not 3.1.6.1. Means of Egress more than that permitted for the wall surface of the room or space in which they are installed. 1 J Tents and air-supported structures shall conform to Sections 3.3. and 3.4. 3.1.5.17. Wires and Cables 3.1.6.2. Restrlctl1) Except as permitted by Article 3.1.5.18., 1 J An air-supported structure shall not be looptical fibre cables and electrical wires and cables cated above the first storey on any building. with combustible insulation, jackets or sheathes are 21 An air-supported structure shall not be permitted in a building required to be of noncom-used for Groups B, C, or Group F, Division 1 major bustible construction, provided occupancies or for classrooms. a) the wires and cables exhibit a vertical char of not more than 1.5 m when tested 3) An air-supported structure shall be de-in conformance with the Vertical Flame signed as open floor space without interior walls, Test - Cables in Cabletrough in Clause mezzanines, intermediate floors or similar 4.11.4. of CAN/CSA-C22.2 No. 0.3, ''Test construction. Methods for Electrical Wires and Cables," 3.1.6.3. Clearance to Other Structures b) the wires and cables are located in i) totally enclosed noncombustible race- 11 Except as permitted by Sentences (2), (3) ways (see A-3.1.4.3.(l)(b)(i) in and (4), every tent and air-supported structure shall Appendix A), conform to Subsection 3.2.3. ii) masonry walls, iii) concrete slabs, 2) Tents and air-supported structures iv) a service room separated from the re- a) shall not be erected closer than 3 m to mainder of the building by a fire other structures on the same property ex-separation having a fire-resistance cept as permitted by Sentences (3) and rating not less than 1 h, or (4), and v) totally enclosed nonmetallic race- b) shall be sufficiently distant from one an-ways conforming to Article 3.1.5.19., other to provide an area to be used as a 37 Da
3.2.5.14. 4) If combustible sprinkler piping is located 3.2.5.18. Protection from Freezing above a ceiling, an opening through the ceiling that is not protected in conformance with Sentence (3) 1 I Equipment forming part of a fire protec- shall be located so that the distance between the tion system shall be protected from freezing if edge of the opening and the nearest sprinkler is not a) it could be adversely affected by freezing more than 300 mm. temperatures, and b) it is located in an unheated area. 3.2.6.15. Sprinklered Service Space 3.2.5.19. Fire Pumps 1 I An automatic sprinkler system shall be 1 I If a fire pump is installed, it shall be in- installed in a service space referred to in Sentence stalled in accordance with the requirements of 3.2. 1.1. (7) if flooring for access within the service NFP A 20, "Standard for the Installation of Centrifu- space is other than catwalks. gal Fire Pumps." (See Appendix A.) 2) The sprinkler system required by Sentence (I) shall be equipped with waterflow de- 3.2.6. Additional Requirements for tecting devices, with each device serving not more High Buildings than one storey. (See Appendix B.) 3) The waterflow detecting devices required by Sentence (2) shall be connected to the fire alarm 3.2.8.1. Appllcatlon system, to 1 I This Subsection applies to a building a) initiate an alert signal in a 2 stage system a) of Group A, D, E or F major occupancy or an alarm signal in a single stage sys- classification that is more than tem, and i) 36 m high, measured between grade b) indicate separately on the fire alarm sys- and the floor level of the top storey, tem annunciator the actuation of each or device. ii) 18 m high, measured between grade and the floor level of the top storey, 3.2.5.16. Fire Department Connections and in which the cumulative or to- tal occupant load on or above any I storey above grade, other than the 1 The fire department connection for a stand pipe system shall be located so that the dis- first storey, divided by 1.8 times the width in metres of all exit stairs at tance from the fire department connection to a that storey, exceeds 300, hydrant is not more than 45 m and is unobstructed. b) containing a Group B major occupancy in 2) The fire department connection for an au- which the floor level of the highest storey tomatic sprinkler system shall be located so that the of that major occupancy is more than 18 m distance from the fire department connection to a above grade, hydrant is not more than 45 m and is unobstructed. c) containing a floor area or part of a floor area located above the third storey de- signed or intended as a Group B, 3.2.5.17. Portable Fire lixtlngulshers Division 2 occupancy, and I d) containing a Group C major occupancy 1 Portable extinguishers shall be provided whose floor level is more than 18 m and installed in accordance with above grade. a) provincial, territorial or municipal regula- tions, or b) the National Fire Code of Canada 1995, 3.2.8.2. Limits to Smoke Movement in the absence of regulations referred to in Clause (a). 1) A building to which this Subsection ap- plies shall be designed in accordance with Sentences 2) In a Group B, Division 1 major occupancy, (2) to (5) and Article 3.2.6.3. to limit the danger to portable fire extinguishers are permitted to be occupants and fire fighters from exposure to smoke in a building fire. located in secure areas, or in lockable cabinets pro- vided 2) A building referred to in Sentence (1) a) identical keys for all cabinets are located shall be designed so that, during a period of 2 h af- at all supervisory or security stations, or ter the start of a fire, each exit stair serving storeys b) electrical remote release devices are pro- below the lowest exit level will not contain more vided and are connected to an emergency than 1% by volume of contaminated air from the power supply. fire floor, assuming an outdoor temperature equal llO
3.6.3.3. 3.8.3.3. Linen and Refuse Chutes building by a fire separation with a fire-resistance rating 1) A linen chute or refuse chute shall not less than 2 h. a) be impervious to moisture, 10) The room or bin into which a refuse b) have a smooth internal surface, chute discharges shall be of sufficient size to contain c) be corrosion-resistant, the refuse between normal intervals of emptying, be d) be constructed of noncombustible material, impervious to moisture and be equipped with a waand ter connection and floor drain for washing-down e) be located in a shaft in which there are purposes. no services other than noncombustible drain, waste and vent piping or noncom- 11) A room into which a refuse chute dis-bustible water piping. charges shall contain no service equipment that is not related to refuse handling and disposal. 2) A shaft containing a linen chute or refuse chute shall have a fire-resistance rating conforming to Sentence 3.6.3.1.(1), but not less than 3.8.3.4. Exhaust Duct Negative Pressure a) 1 h if the chute outlet for the discharge 1 I If a vertical service space contains an room is protected by an automatic, self- exhaust duct that serves more than one fire compartlatching closure held open by a fusible link, or ment, b) 2 h if no closure is provided at the chute a) the duct shall have a fan located at or near the exhaust outlet to ensure that the outlet into the discharge room. duct is under negative pressure, and 3) An interior linen chute or refuse chute b) the individual fire compartments shall not shall extend not less than 1 m above the roof and have individual fans that exhaust directly shall be vented above the roof with a vent which into the duct in the vertical service space. a) has an unobstructed area not less than the cross-sectional area of the chute, and b) is equipped with a cover that will open 3.6.4. Horizontal Service Spaces automatically, or that can be opened and Service Facilities manually, in the event of a fire in the chute. 3.6.4.1. Scope 4) Intake openings for a linen chute or a 1) This Subsection applies to horizontal serrefuse chute shall vice spaces and service facilities, including ceiling a) have an area not more than 60% of the spaces, duct spaces, crawl spaces and attic or roof cross-sectional area of the chute, and spaces. b) be fitted with closures designed to close automatically and latch after use. 3.&.4.2. Fire Separations for Horlzontal 5) Intake openings for a linen chute or a Service Spaces refuse chute shall be located in rooms or compartments that 1) A horizontal seroice space that penetrates a a) have no dimension less than 750 mm, required vertical fire separation shall be separated b) are separated from the remainder of the from the remainder of the building it serves in con-building by a fire separatwn with a fire- formance with Sentence (2). resistance rating not Jess than 45 min, c) are designed for no other purpose, and 2) If a horizontal service space or other con-d) do not open directly into an exit. cealed space is located above a required vertical fire separation other than a vertical shaft, this space need 8) Sprinklers shall be installed at the top of not be divided at the fire separatwn as required by each linen chute or refuse chute, at alternate floor Article 3.1.8.3. provided the construction between levels and in the room or bin into which the chute this space and the space below is a fire separation discharges. with a fire-resistance rating equivalent to that re7) The room into which a linen chute dis- quired for the vertical fire separation, except that the charges shall be separated from the remainder of fire-resistance rating is permitted to be not less than the building by a fire separatiJJn with a fire-resistance 30 min if the vertical fire separation is not required to rating not less than 1 h. have a fire-resistance rating more than 45 min. (See Appendix A.) 8) A refuse chute shall be equipped at the top with spray equipment for washing-down pur-3.6.4.3. Plenum Requirements poses. 9) A refuse chule shall discharge only into a 1 ) A concealed space used as a plenum room or bin separated from the remai11der of the within a floor assembly or within a roof assembly 1:U
3.6.5.2. need not conform to Sentence 3.1.5.14.(1) and 3.&.4.&. Crawl Space AcceH Article 3.6.5.1. provided a) all materials within the concealed space 1) A crawl space shall have at least one ac- have a flame-spread rating not more than cess opening not less than 550 mm by 900 mm. 25 and a smoke developed classification not more than 50, except for 3.6.5. Air Duct and Plenum i) tubing for pneumatic controls, Systems ii) optical fibre cables and electrical wires and cables that exhibit a verti- 3.&.5.1. Duct Materials cal char not more than 1.5 m when 1) Except as permitted by Sentences (2) to tested in conformance with the Ver-(5) and Article 3.6.4.3., all ducts, duct connectors, tical Flame Test - Cables in associated fittings and plenums used in air duct sys- Cabletrough in Clause 4. 11.4. of tems shall be constructed of steel, aluminum alloy, CAN/CSA C22.2 No. 0.3, "Test Methods for Electrical Wires and copper, clay, asbestos-cement or other noncom- Cables," bustible material. iii) optical fibre cables and electrical 2) Except as permitted by Sentence (3), wires and cables that are located in ducts, associated fittings and plenums are permitted totally enclosed noncombustible race- to contain combustible material provided they ways (see A-3.1.4.3.(l)(b)(i) in a) conform to the appropriate requirements Appendix A), and for Class 1 duct materials in CAN /ULC- iv) totally enclosed nonmetallic race- S110-M, "Standard Methods of Test for ways conforming to Article 3.1.5.19., Air Ducts," and b) conform to Article 3.1.5.14. in a building b) the supports for the ceiling membrane required to be of noncombustible are of noncombustible material having a construdion, melting point not below 760°C. c) conform to Subsection 3. 1.9., d) are used only in horizontal runs in a 2) If a concealed space referred to in building required to be of noncombustible Sentence (1) is used as a return-air plenum and in- construction, corporates a ceiling membrane that forms part of e) are not used in vertical runs serving the required fire-resistance rating of the assembly, more than 2 storeys in a building permit- every opening through the membrane shall be pro- ted to be of combustible construction, and tected by a fire stop flap which shall f) are not used in air duct systems in which a) stop the flow of air into the concealed the air temperature could be more than space in the event of a fire, 120°c. b) be supported in a manner that will main- tain the integrity of the ceiling membrane 3) Combustible ducts which are part of a for the duration of time required to pro- duct system conveying only ventilation air and are vide the required fire-resistance rating, and contained entirely within a dwelling unit need not c) conform to the appropriate requirements comply with the requirements of Sentences (I) and of Appendix D. (2). 4) Duct sealants shall have a flame-spread 3.6.4.4. Attic or Rool Space Access rating not more than 25 and a smoke developed classification not more than 50. 11 An attic or roof space more than 600 mm high shall be provided with access from the floor 5) Duct connectors that contain combustible immediately below by a hatchway not less than materials and that are used between ducts and air 550 mm by 900 mm or by a stairway. outlet units shall a) conform to the appropriate requirements for Class 1 air duct materials in CAN I 3.6.4.5. Horizontal Service Space Access ULC-SllO-M, "Standard Methods of Test for Air Ducts," , . 1) A horizontal service space, consisting of ce1hng and duct spaces, which is more than b) be not more than 4 m long, c) be used only in horizontal runs, and 1. 200 mm high and 600 mm wide shall have inspec-d) not penetrate a required fire separation. hon doors not less than 300 mm in both horizontal an~ vertical dimensions placed so that the entire in- tenor of the duct or space can be viewed. 3.6.5.2. Vibration Isolation c-nectors 1) Except as p~rmitted by Sentence (2), vi- bration isolation connectors in air duct systems shall be noncombustible. 1211
3.1.9.4. b) sealed by a fire stop system that, when Irate a fire separation required to have a fire-resistance subjected to the fire test method in rating without being incorporated in the assembly at CAN4-Sl 15-M, "Standard Method of Fire the time of testing as required by Article 3.1.9.2., Tests of Firestop Systems," has an F provided the cables are not grouped. rating not less than the fire-protection 4) Combustible totally enclosed raceways rating required for closures in the fire sepa- which are embedded in a concrete floor slab are ration. A-9.10.9.6.(1) in Appendix (See also Article permitted in an assembly required to have a fire-(See A.) 3.1.9.4. for penetrations involving combustible drain, resistance rating without being incorporated in the waste and vent piping.) assembly at the time of testing as required by Article 3.1.9.2., provided the concrete cover between 2) Piping, tubing, ducts, chimneys, optical the raceway and the bottom of the slab is not less fibre cables, electrical wires and cables, totally en- than 50 mm. closed noncombustible raceways, electrical outlet 5) Combustible outlet boxes are permitted in boxes and other similar buildin3 services that pene-an assembly required to have a fire-resistance rating trate a firewall or a horizontal pre separation that is without being incorporated in the assembly at the required to have a fire-resistance rating in confor-time of testing as required by Article 3.1.9.2., promance with Article 3.2.1.2., shall be sealed at the vided the opening through the membrane into the penetration by a fire stop system that, when sub-box is not more than 0.016 m2. jected to the fire test method in CAN4-S115-M, "Standard Method of Fire Tests of Firestop 6) Outlet boxes that penetrate opposite Systems," has an FT rating not less than the fire- sides of a wall assembly shall be offset where neces-resistance rating for the fire separation. sary to maintain the integrity of the fire separation. 3.1.9.2. Combustlblllty ol Service 3.1.9.4. Combustible Piping P-tratlons Penetrations 1) Combustible sprinkler piping is eermitted 1) Except as permitted by Articles 3. 1.9.3. to penetrate a fire separation provided the fire com-and 3.1.9.4., pipes, ducts, electrical outlet boxes, to- partments on each side of the fire separation are tally enclosed raceways or other similar service sprinklered. equipment that penetrate an assembly required to 21 Combustible water distribution piping that have a fire-resi.<tance rating shall be noncombustible has an outside diameter not more than 30 mm is unless the assembly has been tested incorporating permitted to penetrate a vertical fire separation that is that service equipment. ~equired to have a fire-resistance rating without being incorporated m the assembly at the time of testing 3.1.9.3. Penetration by Wires, Cables and as required by Article 3.1.9.2., provided the piping Outlet Boxes is sealed in conformance with Clause 3. 1.9.1.(l)(b). 1) Optical fibre cables and electrical wires 3) Except as permitted by Sentences (4) to and cables in totally enclosed noncombustible (6), combustible piping shall not be used in a drain, raceways are permitted to penetrate an assembly re- waste and vent piping system if any part of that quired to hav~ a fire-resistance rating without being system penetrates incorporated in the assembly at the time of testing a) a fire separation required to have a fire-resistance rating, or as required by Article 3.1.9.2. b) a membrane that forms part of an assem2) Except as permitted by Sentence (3), to-bly required to have a fire-resistance rating. tally enclosed nonmetallic raceways conforming to . 4~ Combustible drain, waste and vent piping Article 3.1.5.19., optical fibre cables, and electrical wires and cables, single or grouped, with com- is penmtted to penetrate a fire separation required to bustible insulation, jackets or sheathes that conform have a fire-resistance rating or a membrane that to the requirements of Clause 3.1.5.17.(l)(a) and that forms part of an assembly required to have a fire-resistance rating, provided are not installed in totally enclosed noncombustible raceways are permitted to penetrate an assembly re-a) the piping is sealed at the penetration by <JUired to have a fire-resistance rating without being a fire stop system that has an F rating not incorporated m the assembly at the time of testing less than the fire-resistance rating required as required by Article 3.1.9.2., provided the overall for the fire separation when subjected to diameter of the single or grouped wires or cables, the fire test method in CAN4-Sl 15-M, "Standard Method of Fire Tests of or the raceways is not more than 25 mm. Firestop Systems," with a pressure differ-3) Single conductor metal sheathed cables ential of 50 Pa between the exposed and with combustible jacketting that are more than unexposed sides, with the higher pres25 mm in overall diameter are permitted to pene- sure on the exposed side, and
3.1.9.4. b) the piping is not located in a vertical 3.1.10.2. Rating of Firewalls shaft. 1) A firewall which separates a building or 5) Combustible drain piping is permitted to buildings with floor areas containing a Group E or a penetrate a horizontal fire separation provided it Group F, Division 1 or 2 major occupancy shall be leads directly from a noncombustible water closet constructed as a fire separation of noncombustible through a concrete floor slab. construction having a fire-resistance rating not less than 4 h, except that where the upper portion of a 6) Combustible drain, waste and vent piping firewall separates floor areas containing other than is permitted on one side of a vertical fire separation Group E or Group F, Division 1 or 2 major occu- provided it is not located in a vertical shaft. pancies, the fire-resistance rating of the upper portion of the firewall is permitted to be not less than 2 h. 3.1.9.5. Openings through a Membrane 2) A firewall which separates a building or Celling buildings with floor areas containing major occupancies other than Group E or Group F, Division 1 or 2 1 ) A membrane ceiling forming part of an shall be constructed as a fire separation of noncom- assembly assigned a fire-resistance rating on the basis bustible construction having a fire-resistance rating not of Appendix D is permitted to be penetrated by openings leading into ducts within the ceiling space less than 2 h. provided 3) Except for closures, the required fire-a) the ducts are sheet steel, and resistance rating of a firewall shall be provided by b) the amount of openings and their protec- masonry or concrete. tion conform to the requirements of Appendix D. 3.1.10.3. Contlnultv of Firewalls 3.1.9.6. Plenums 1 ) A firewall shall extend from the ground continuously through, or adjacent to, all storeys of a 1) A ceiling assembly used as a plenum shall building or buildings so separated, except that a conform to Article 3.6.4.3. firewall located above a basement storage garage con- forming to Article 3.2.1.2. is permitted to commence 3.1.1 O. Firewalls at the floor assembly immediately above the storage garage. (See also Sentence 3.1.10.1.(3).) 3.1.10.1. Prevention of Firewall Collapse 2) A firewall is permitted to terminate on the underside of a reinforced concrete roof slab pro- 1) Except as permitted by Sentence (2), the connections and supports for structural framing vided members that are connected to or supported on a a) the roof slab on both sides of the firewall has a fire-resistance rating not less than firewall and have a fire-resistance rating less than that required for the firewall, shall be designed so that i) 1 h if the firewall is required to have the collapse of the framing members during a fire a fire-resistance rating not less than will not cause the collapse of the firewall. 2 h, or ii) 2 h if the firewall is required to have 2) Sentence (1) does not apply to a firewall a fire-resistance rating not less than consisting of two separate wall assemblies each tied 4 h, and to its respective building frame but not to each other, b) there are no concealed spaces within the provided each wall assembly is roof slab in that portion immediately a) a fire separation having one half of the fire- above the firewall. resistance rating required for the firewall by Sentences 3.1.10.2.(1) and (2), and 3.1.10.4. Parapets b) designed so that the collapse of one wall assembly will not cause collapse of the 1) Except as permitted by Sentences (2) and other. 3.1.10.3.(2), a firewall shall extend above the roof surface to form a parapet not less than 3) A firewall is permitted to be supported on a) 150 mm high for a firewall required to the structural frame of a building of noncombustible have a fire-resistance rating not less than construction provided the supporting frame has a 2 h, and fire-resistance rating not less than that required for b) 900 mm high for a firewall required to the firewall. have a fire-resistance rating not less than 4) Piping, ducts and totally enclosed non- 4 h. combustible raceways shall he installed so that their 2) A firewall that separates 2 buildings with collapse will not cause collapse of the firewall. roofs at different elevations need not extend above
A-3 practice and will meet the appropriate installation The requirements of Subsection 3.2.3. are intended requirements in relevant standards. Good design is to prevent fire spread from thermal radiation as-necessary to ensure that the level of public safety suming there is adequate fire fighting available. It established by the Code requirements will not be re- has been found that periods of from 10 to 30 min-duced by a voluntary installation. utes usually elapse between the outbreak of fire in a building that is not protected with an automatic sprinkler system and the attainment of high radia-Fire Fighting Assumptions tion levels. During this period, the specified spatial separations should prove adequate to inhibit igni-The requirements of this Part are based on the as-tion of an exposed building face or the interior of an sumption that fire fighting capabilities are available adjacent building by radiation. Subsequently, how-in the event of a fire emergency. These fire fighting ever, reduction of the fire intensity by fire fighting capabilities may take the form of a paid or volun- and the protective wetting of the exposed building teer public fire department or in some cases a face will often be necessary as supplementary meaprivate fire brigade. If these fire fighting capabilities sures to inhibit fire spread. are not available, additional fire safety measures may be required. In the case of a building that is sprinklered through-out, the automatic sprinkler system should control Fire fighting capability can vary from municipality the fire to an extent that radiation to neighbouring lo municipality. Generally, larger municipalities buildings should be minimal. Although there will have greater fire fighting capability than smaller be some radiation effect on a sprinklered building ones. Similarly, older, well established municipali- from a fire in a neighbouring building. the internal ties may have better fire fighting facilities than sprinkler system should control any fires that might newly formed or rapidly growing ones. The level of be ignited in the building and thereby minimize the municipal fire protection considered to be adequate possibility of the fire spreading into the exposed will normally depend on both the size of the munic- building. NFPA BOA, "Recommended Practice for ipality (i.e., the number of buildings lo be protected) Protection of Buildings from Exterior Fire Expo-and the size of buildings within that municipality. sures," provides additional information on the Since larger buildings tend to be located in larger possibility of fire spread at building exteriors. municipalities, they are generally, but not always, favoured with a higher level of municipal protec- The water supply requirements for fire protection tion. installations depend on the requirements of any au-tomatic sprinkler installations and also on the number of fire streams that may be needed at any Although it is reasonable to consider that some fire, having regard to the length of time the streams level of municipal fire fighting capability was as- will have to be used. Both these factors are largely sumed in developing the fire safety provisions in influenced by the conditions at the building to be Part 3, this was not done on a consistent or defined equipped, and the quantity and pressure of water basis. The requirements in the Code, while develneeded for the protection of both the interior and oped in the light of commonly prevailing municipal exterior of the building must be ascertained before fire protection levels, do not attempt to relate the the water supply is decided upon. Acceptable water size of building to the level of municipal protection. supplies may be a public waterworks system that The responsibility for controlling the maximum size has adequate pressure and discharge capacity, auto-of building to be permitted in a municipality in re-matic fire pumps, pressure tanks, manually lation to local fire fighting capability rests with the controlled fire pumps in combination with pressure municipality. If a proposed building is too large, tanks, gravity tanks, and manually controlled fire either in terms of floor area or building height, to re-pumps operated by remote control devices at each ceive reasonable protection from the municipal fire hose station. department, fire protection requirements in addition to those prescribed in this Code, may be necessary A·3.1.2. Use Clanlflcatlon. The purpose of to compensate for this deficiency. Automatic sprin-classification is to determine which requirements kler protection may be one option to be considered. apply. This Code requires classification in accor-dance with every major occupancy for which the Alternatively, the municipality may, in light of its building is used or intended to be used. Where necfire fighting capability, elect to introduce zoning re- essary, an application clause has been inserted in strictions to ensure that the maximum building size this Part to explain how to choose between the alis related to available municipal fire protection facil- ternative requirements which multiple occupancy ities. This is, by necessity, a somewhat arbitrary classification may present. decision and should be made in consultation with the local fire fighting service, who should have an A-3.1.2.1.(1) Major Occupancv appreciation of their capability to fight fires. Classlficatlon. The following are examples of the 3N
A-3.1.2.1.(1J major occupancy classifications described in Table Psychiatric hospitals without detention quar- 3.1.2.1.: ters Reformatories without detention quarters Group A, Dlvlalon 1 Sanitoria without detention quarters Motion picture theatres Opera houses Group C Television studios admitting a viewing audi- Apartments ence Boarding houses Theatres, including experimental theatres Clubs, residential Colleges, residential Group A, Division 2 Convents Art galleries Dormitories Auditoria Hotels Bowling alleys Houses Churches and similar places of worship Lodging houses Clubs, nonresidential Monasteries Community halls Motels Courtrooms Schools, residential Dance halls Exhibition halls (other than classified in Group D Group El Banks Gymnasia Barber and hairdressing shops Lecture halls Beauty parlours Libraries Dental offices Licensed beverage establishments Dry cleaning establishments, self-service, not Museums using flammable or explosive solvents or Passenger stations and depots cleaners Recreational piers Laundries, self-service Restaurants Medical offices Schools and colleges, nonresidential Offices Undertaking premises Police stations without detention quarters Radio stations Group A, Dlvlalon 3 Small tool and appliance rental and service es- Arenas tablishments Indoor swimming pools, with or without spec- tator seating Group E Rinks Department stores Exhibition halls Group A, Dlvlalon 4 Markets Amusement park structures (not elsewhere Shops classified) Stores Bleachers Supermarkets Grandstands Reviewing stands Group F, Division 1 Stadia Bulk plants for flammable liquids Bulk storage warehouses for hazardous sub- Group B, Division 1 stances Jails Cereal mills Penitentiaries Chemical manufacturing or processing plants Police stations with detention quarters Distilleries Prisons Dry cleaning plants Psychiatric hospitals with detention quarters Feed mills Reformatories with detention quarters Flour mills Grain elevators Group B, Division 2 Lacquer factories Children's custodial homes Mattress factories Convalescent homes Paint, varnish and pyroxylin product factories Hospitals Rubber processing plants Infirmaries Spray painting operations Nursing homes Waste paper processing plants Orphanages
A-3.1.2.1.(1J Group F, Division 2 construction and that is paper faced will not gener-Aircraft hangars ally comply with the criteria in CAN4-S114-M, Box factories "Standard Method of Test for Determination of Candy plants Non-Combustibility in Building Materials," for non-Cold storage plants combustible materials even though there are no Dry cleaning establishments not using combustible components in the core. Gypsum board flammable or explosive solvents or cleaners has satisfactory properties for resisting the spread of Electrical substations fire and Clause 3.1.5.2.(l)(b) has been included to Factories specifically permit the use of paper faced gypsum Freight depots board in a building of noncombustible construction. Helicopter landing areas on roofs Laboratories A-3.1.5.4.(1) Skylight Spacing. The mini-Laundries, except self-service mum spacing dimensions for skylight assemblies are Mattress factories based on the distance that flame must travel along a Planing mills flat ceiling surface. If ceilings have projecting beams Printing plants or other features that would increase the distance Repair garages the flame would have to travel along the surface, the Salesrooms distances specified may be measured accordingly. Service stations Storage rooms A-3.1.5.5.(1) Combustible Claddlng. These Television studios not admitting a viewing au- requirements allow for exterior wall assemblies in-dience corporating combustible cladding elements on Warehouses buildings of noncombustible construction. Since the Wholesale rooms tested assemblies must be representative of actual Woodworking factories construction, the performance of the entire assembly Workshops is assessed with regard to its ability to resist flame propagation up the outside of a building. The Group F, Division 3 thermal barrier protection limits the impact of an in-Creameries Factories terior fire on the wall assembly. Laboratories These requirements, in combination, thus allow for Power plants wall assemblies containing both combustible Salesrooms cladding elements and non-loadbearing combustible Sample display rooms framing members. These wall assemblies can be Storage garages, including open air parking used as infill or panel type walls between structural garages elements, or attached directly to a loadbearing non-Storage rooms combustible structural system. These requirements, Warehouses however, do not waive others specifically intended Workshops for the protection of combustible insulation in buildings of noncombustible construction. A-3.1.2.3.(1) Arena Regulation. The use of an arena is regulated in the National Fire Code of These requirements are predicated upon the as-Canada 1995. sumption that the manufacturing process and field A-3.1.4.2.(1)(c) Thermal Barrier In installation procedure are both carried out under an Combustible c-tructlon. Any thermal bar- independent quality assurance program designed to rier that is accepted under the requirements of confirm that the product and its application are con-Sentence 3.1.5.11.(2) for noncombustible construction sistent with the system as tested. is also acceptable for combustible construction. A·3.1.5.5.(2) Flame Spread Distance. The A-3.1.4.3.(1) Wire and Cable Equivalence. maximum flame spread distance refers to the dis-Electrical wires and cables that conform to the re- tance between the top of the opening and the quirements of Sentence 3.1.5.17.(1) are deemed to highest observable instance of flaming along the satisfy the requirements of Sentence 3.1.4.3.(1). wall assembly and thus allows intermittent flaming to a height of 5 m above the opening. A-3.1.4.3.(1)(b)(I) Raceway Definition. The term raceway is defined in CSA C22.1, "Canadian A-3.1.5.5.(3) H-t Flux Mea-nt. The Electrical Code, Part 1" and includes both rigid and heat flux to the assembly referred to in Sentence flexible conduit. 3.1.5.5.(3) is the maximum one-minute averaged heat flux measured by transducers located 3.5 m A-3.1.5.2.(1)(b) Gypsum •-rd. Gypsum above the top of the opening. The intent of this cri-board of the typical thickness used in building terion is to limit the spread of fire on the wall
2.5.7. 4) PVC water pipe and fittings referred to c) CAN/CSA-B182.l-M, "Plastic Drain and in Sentences (1), (2) and (3) shall not be used in a Sewer Pipe and Pipe Fittings," with a hot water system. pipe stiffness not less than 320 kPa, d) CAN/CSA-B182.2-M, "PVC Sewer Pipe 2.5.8. CPVC Pipe, Fitting• and Solvent and Fittings (PSM Type)," with a pipe Cementa stiffness not less than 320 kPa, e) CAN/CSA-B182.4, "Profile PVC Sewer 1) CPVC hot and cold water pipe, fittings Pipe and Fittings," with a pipe stiffness and solvent cements shall conform to CSA B137.6- not less than 320 kPa, or M, "CPVC Pipe, Tubing and Fittings for Hot and f) CAN/CSA-B182.6-M, "Profile Poly-Cold Water Distribution Systems." ethylene Sewer Pipe and Fittings," with a 2) The design temperature and design pres- pipe stiffness of not less than 320 kPa. sure of a CPVC piping system shall conform to (See Appendix A.) National Plumbing Code of Canada Table 2.5.8. Table 2.5.8. 2.5.11. Transition Solvent Cement Maximum Permitted Preuure for CPVC Piping at Various (See Appendix A.) 1995 Temperatures 1 I Solvent cement for transition joints shall Forming Part of Sentence 2.5.8.(2) conform to a) CAN/CSA-Bl81.l-M, "ABS Drain, Waste Maximum Temperature of Maximum Permitted and Vent Pipe and Pipe Fittings," or Water, 'C Pressures, kPa b) CAN/CSA-B181.2-M, "PVC Drain, Waste 10 3150 and Vent Pipe and Pipe Fittings." 20 2 900 2) Transition solvent cement shall only be 30 2 500 used for joining an ABS drainage system to a PVC 40 2 100 drainage system. 50 1 700 60 1 300 2.5.12. Plastic Pipe, Fitting• and Solvent 70 1 000 Cement Used Above Ground 80 700 90 500 1 ) Plastic pipe, fittings and solvent cement 100 400 used inside or under a building in a drainage or venting system shall conform to Issued b!f the a) CAN/CSA-B181.l-M, "ABS Drain, Waste 2.5.9. Polybutirlene Pipe and Flttlnp and Vent Pipe and Pipe Fittings," or Canadian Commission on Building and Fire Codes b) CAN/CSA-B181.2-M, "PVC Drain, Waste 1 I Polybutyle~e pipe and its associated fit- and Vent Pipe and Pipe Fittings.'' National Research Council of Canada tings shall conform to CAN/CSA-B137.8-M, (See Appendix A.) "Polybutylene (PB) Piping for Pressure Applica-tions.'' 2) Requirements for combustible piping in relation to fire safety shall conform to Sentence 2) Joints in polybutylene tubing shall not be 3.1.5.15.(1) and Article 3.1.9.4. of Part 3 and embedded in or installed under a concrete grade Sentences 9.10.9.6.(2) to (8) and Article 9.10.9.7. of slab. Part 9 of the National Building Code of Canada 3) Polybutylene pipe and fittings shall not 1995. be used for a continuously circulating hot water line or the first metre of any branch off of the continu- 3) Where noncombustible piping pierces a fire ously circulating hot water line. separation or a fire stop, the requirements of fire stopping of Subsection 3.1.11. of Part 3 and Sentence 9.10.9.6.(1) and Article 9.10.15.4. of Part 9 of the 2.s.10. Plastic Pipe, Fittings and National Building Code of Canada 1995 shall apply. Solv-t Cement Used Underground 2.5.13. Polirethirlene/Aluminunll 1) Plastic pipe, fittings and solvent cement Polyethirlene Composite Pipe and used underground outside a building or under a Fitting• building in a drainage system shall conform to a) CAN/CSA-B181.1-M, "ABS Drain, Waste 1) PE/ AL/PE composite pipe and fittings and Vent Pipe and Pipe Fittings," shall conform to CAN/CSA-B137.9-M, " Poly-b) CAN/CSA-B181.2-M, "PVC Drain, Waste ethylene/ Aluminum/Polyethylene Composite and Vent Pipe and Pipe Fittings," Pressure Pipe Systems.'' (See Appendix A.) 1,
ExhlbltE Illustration 1 Distribution of building types where cast iron drain/waste/vent piping materials are required and/or normally preferred
KeyF.ctor Building
t•slftc.tion - G_r_o._,o_fv Gla l_o_n_ _
LEGEND - Buildings where non..combustlble draln/w. .t e/vent piping materiel• are requi,.d for all heights, If or when the maximum allowed for 11111 or c::::J building• la excnded c:::::::::J Buildlnga where conditional u. . of combustible drain/waste/vent piping materials la allowed for heights up to the maximum Indicated. CHt Iron piping materials generally u ..d for pnictle11I dHlgn reasons notwithstanding allowance for other materials. .
- Buildings where all types of drain/waste/vent piping materials are allowed for heights up to the maxknum lndicaited.