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AITA? Storage building exits

Inspector Gadget

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Joined
Mar 5, 2020
Messages
1,178
Location
New Brunswick
Had an application come in for an industrial building. >600m2 (>6000 ft2 for you murricans).
Canadian Code requires this floor are to have more than one exit (outward swinging door).
Designer pushing back, with the declaration the "actual" area will be far less because sand/salt will be stored in the structure, and it's low human occupancy.
Received the "We've done a dozen of these in the province, never had to do this anywhere else" line.

The way I see it, the floor area is clearly defined as outside wall to outside wall - independent of what's inside. The structure requires two exits. It exceeds the 200m2 limit under Part 3 for one exit, simple and easy.

Part 2, which deals with farm buildings (low human occupancy) has the same criteria, btw., so "low human occupancy" doesn't act as the get out of the second exit free card, even if used as a reference/alternative solution. (And it's not a farm building in any event.)

Thoughts?
 
Had an application come in for an industrial building. >600m2 (>6000 ft2 for you murricans).
Canadian Code requires this floor are to have more than one exit (outward swinging door).
Designer pushing back, with the declaration the "actual" area will be far less because sand/salt will be stored in the structure, and it's low human occupancy.
Received the "We've done a dozen of these in the province, never had to do this anywhere else" line.

The way I see it, the floor area is clearly defined as outside wall to outside wall - independent of what's inside. The structure requires two exits. It exceeds the 200m2 limit under Part 3 for one exit, simple and easy.

Your view would be correct under the IBC and, assuming the Canadian Building Code has a similar definition for building area, you are correct and the designer is blowing smoke. The designer's view is a lot like saying that the "actual" area of an 80,000 square foot supermarket is really only 20,000 square feet because 60,000 square feet are occupied by shelves and products. That's not how this works.

"I've been doing it this way for thirty years."

"Then you've been doing it wrong for thirty years."
 
Not sure about Canadian code, but IBC1004.5 allows the building official to make a determination that the actual number of occupants in a space may be lower than determined by the occupant design load. In that instance the lower occupant load gets posted.

I used this often on basketball courts at private fitness centers. The normal occupant design load for a typical gym almost assumes a packed high school rally, whereas the actual fitness center use maybe tops out around 20 people per court (2 teams of 5 people each playing a half-court game).

Is there a similar discretionary provision in the Canadian code for something that is essentially raw material shelter?
For example, what is the occupant load of a grain silo?
 
Normally, I am a firm adherent to minimum safety code requirements. However, there are rare and reasonable circumstances where an inspector must point out a serious safety concern, even if it is not explicitly addressed in code. Courts in my jurisdiction have consistently held that the burden lies with the inspector/city to demonstrate that a condition presents a genuine health or safety hazard.

That said, in any commercial or industrial building, a secondary exit located at a significant distance from the main entrance should be considered a baseline safety expectation. For example, if a dump truck unloading salt or a forklift moving pallets were to catch fire near the main entrance, occupants could be trapped without a viable means of escape. Or in this day and age, a shooter situation, workers not trapped.

At a minimum, I believe the inspector should offer the builder to propose a simple secondary egress point of his choice —either a door or a window—sufficient to allow:
  1. Safe and rapid evacuation of occupants
  2. Access for emergency personnel
  3. should the primary entrance become compromised.

Giving the question to the builder, explaining the dilemma, giving him latitude to do it his way, should dismiss any pushback. " I am very uncomfortable with only one exit. Why don't you come up with a solution that allows someone trapped inside a second egress, or rescue another entrance and we will almost certainly go with it."
 
Your view would be correct under the IBC and, assuming the Canadian Building Code has a similar definition for building area, you are correct and the designer is blowing smoke. The designer's view is a lot like saying that the "actual" area of an 80,000 square foot supermarket is really only 20,000 square feet because 60,000 square feet are occupied by shelves and products. That's not how this works.

"I've been doing it this way for thirty years."

"Then you've been doing it wrong for thirty years."
LOL, the logical fallacy Argumentum ad antiquitatem occurs when someone claims that something is right, correct, or better simply because it has "always been done that way" or has been done that way for a long time.
 
Not sure about Canadian code, but IBC1004.5 allows the building official to make a determination that the actual number of occupants in a space may be lower than determined by the occupant design load. In that instance the lower occupant load gets posted.

I used this often on basketball courts at private fitness centers. The normal occupant design load for a typical gym almost assumes a packed high school rally, whereas the actual fitness center use maybe tops out around 20 people per court (2 teams of 5 people each playing a half-court game).

Is there a similar discretionary provision in the Canadian code for something that is essentially raw material shelter?
For example, what is the occupant load of a grain silo?
Canadian codes allow a different occupant load than what is calculated, provided it is posted. However, that would not have an impact on the two exit requirements. The number of exits is denoted by remoteness and travel distance requirements. Exit size (above the minimum door size) is driven by occupant load.
 
Canadian codes allow a different occupant load than what is calculated, provided it is posted. However, that would not have an impact on the two exit requirements. The number of exits is denoted by remoteness and travel distance requirements. Exit size (above the minimum door size) is driven by occupant load.
Yep..beating down the OL has nothing to do with it if OL is not the driving factor for the number of exits...
 
Normally, I am a firm adherent to minimum safety code requirements. However, there are rare and reasonable circumstances where an inspector must point out a serious safety concern, even if it is not explicitly addressed in code. Courts in my jurisdiction have consistently held that the burden lies with the inspector/city to demonstrate that a condition presents a genuine health or safety hazard.

That said, in any commercial or industrial building, a secondary exit located at a significant distance from the main entrance should be considered a baseline safety expectation. For example, if a dump truck unloading salt or a forklift moving pallets were to catch fire near the main entrance, occupants could be trapped without a viable means of escape. Or in this day and age, a shooter situation, workers not trapped.

At a minimum, I believe the inspector should offer the builder to propose a simple secondary egress point of his choice —either a door or a window—sufficient to allow:
  1. Safe and rapid evacuation of occupants
  2. Access for emergency personnel
  3. should the primary entrance become compromised.

Giving the question to the builder, explaining the dilemma, giving him latitude to do it his way, should dismiss any pushback. " I am very uncomfortable with only one exit. Why don't you come up with a solution that allows someone trapped inside a second egress, or rescue another entrance and we will almost certainly go with it."
It sounds like law is a little different in Canada.

Case law in Canada has established that the code is the minimum standard in relation to what can safely be built. A building inspector only needs proof that the owner/contractor contravened the code.

A building designer can propose something that is demonstrated to be "just as safe" and it can be found to be acceptable by the AHJ. Furthermore, courts have found that failure to get a building permit and/or allow mandatory inspections results in a presumption that the building is unsafe.

Recently we had a city's building official's order was appealed. In my decision I found that the fact that the owner had not taken out a permit resulted in the presumption that the construction was unsafe (someone who is clearly flouting the building regulatory regime cannot be assumed to be compliant with other building regulatory requirements). This element (among others) was then appealed to an appeals court judge, who found that that "I did not make a mistake at law" with classifying the building as unsafe.
 
Had an application come in for an industrial building. >600m2 (>6000 ft2 for you murricans).
Canadian Code requires this floor are to have more than one exit (outward swinging door).
Designer pushing back, with the declaration the "actual" area will be far less because sand/salt will be stored in the structure, and it's low human occupancy.
Received the "We've done a dozen of these in the province, never had to do this anywhere else" line.

The way I see it, the floor area is clearly defined as outside wall to outside wall - independent of what's inside. The structure requires two exits. It exceeds the 200m2 limit under Part 3 for one exit, simple and easy.

Part 2, which deals with farm buildings (low human occupancy) has the same criteria, btw., so "low human occupancy" doesn't act as the get out of the second exit free card, even if used as a reference/alternative solution. (And it's not a farm building in any event.)

Thoughts?
Ask for code justification for a single exit.

Sounds like a whole lot of "Bullshit, Baffle, Belittle" style designing to me.

Assuming this is coming from another one of my employer's departments, many departments departments have reported to me that when they see who the owner is, they don't actually do a code review and just issue the permit (even things like schools and hospitals). This is incorrect in accordance with Section 3 of the BCAA. They are subject to the same review and inspection process as everyone else. I have spent a lot of my time explaining to my colleagues that yes, they do need to follow the code and no, they don't get any exception.
 
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