BCAB 1986 - Flame test requirements for upholstered, fixed, theatre seating

Flame test requirements for upholstered, fixed, theatre seating

Project Description

The project is the renovation of a theatre room in an existing school.  The building is of noncombustible construction and is sprinklered throughout.  The current theatre has fixed, bleacher-type, stepped seating.  The proposed renovation will replace the wood bleachers with upholstered, fixed, theatre seats.

Applicable Code requirements (BCBC 2024)

Sentence 3.1.12.1.(1), Division B, Determination of Ratings

(1) Except as required by Sentence (2) and as permitted by Sentence (3), the flame-spread rating and smoke developed classification of a material, assembly, or structural member shall be determined on the basis of not less than three tests conducted in conformance with CAN/ULC-S102, "Standard Method of Test for Surface Burning Characteristics of Building Materials and Assemblies."

Article 3.1.13.1., Division B, Interior Finishes, Furnishings and Decorative Materials

(1) Except as otherwise provided by this Subsection, interior finishes, furnishings and decorative materials shall conform to Section 2.3. of Division B of the British Columbia Fire Code.

(2) Interior finish material shall include any material that forms part of the interior surface of a floor, wall, partition or ceiling, including

(a) interior cladding of plaster, wood or tile,

(b) surfacing of fabric, paint, plastic, veneer or wallpaper,

(c) doors, windows and trim,

(d) lighting elements such as light diffusers and lenses forming part of the finished surface of the ceiling, and

(e) carpet material that overlies a floor that is not intended as the finished floor.

Sentence 3.1.13.2.(1), Division B, Flame-Spread Rating

(1) Except as otherwise required or permitted by this Subsection, the flame-spread rating of interior wall and ceiling finishes, including glazing and skylights, shall be not more than 150 and shall conform to Table 3.1.13.2.

Referenced Code (BCFC 2024)

Sentence 2.3.2.1.(1), Division B, Drapes, Curtains and Decorative Materials (excerpt)

(1) Drapes, curtains and other decorative materials, including textiles and films, used in buildings shall conform to CAN/ULC-S109, “Standard Method for Flame Tests of Flame-Resistant Fabrics and Films,” when such drapes, curtains and other decorative materials are used in

(a) any assembly occupancy . . .

Decision being appealed (Local Authority’s position)

Article 3.1.13.1., Division B, applies to the upholstered, fixed, theatre seats.

The required flame-spread rating for the furnishings must be determined.  The applicable standard for determining the flame-spread rating of the furnishings must be identified.

Appellant's position

Article 3.1.13.1., Division B, applies to materials that present a risk of vertical flame spread (e.g., drapes, curtains, and vertically suspended items) and does not apply to upholstered, fixed, theatre seats.

Neither the Building Code nor the Fire Code address the flame-spread rating of upholstered, fixed, theatre seats.  As such, compliance with CAN/ULC-S109, as referenced in Section 2.3., Division B, of the BC Fire Code, is not required for the fabric covers of the seats.

Appeal Board Decision #1986

The Board reverses the decision of the local authority.

It is the determination of the Board that the upholstered, fixed, seating is not regulated by Article 3.1.13.1., Division B.  Testing and conformance to CAN/ULC-S109 is not required by the Building Code.

Further, the flame-spread rating of the upholstered, fixed, seating is not regulated by Articles 3.1.12.1. and 3.1.13.2., Division B.  The Building Code does not require that the flame-spread rating of the seating be determined by testing to CAN/ULC-S102.

Reason for decision

Building Contents vs. Building Components

For the general objectives of fire safety, the Board considers the upholstered, fixed, seating to be contents of the building rather than components that are part of the building itself.  Building components are regulated by the Building Code; with some exceptions, building contents are not.

The subject building is required to be of noncombustible construction.  Therefore, all parts of the building must either be constructed with noncombustible materials or be constructed with materials that are found within the long list of materials that are exceptions to the noncombustible requirement.  (See Sentence 3.1.5.1.(1), Division B.)  The Board observes that upholstered, fixed, seating is not found within the list of exceptions despite its frequent and continuous acceptance and use within noncombustible, assembly occupancy, buildings.

Therefore, the Board interprets that the seats are generally considered to be contents of the building.

For the general purposes of safe egress and accessibility, the Board notes that the placement and attachment of fixed seating is regulated by Article 3.3.2.4., Division B, and within Section 3.8., Division B.

Flame Tests

For some materials, such as those listed in Article 2.3.2.1., Division B, the Fire Code states that a standardized test (i.e., CAN/ULC-S109) must be used to establish whether or not a fabric sample is sufficiently flame-resistant.  The standard states that it applies to “flame-resistant fabrics of natural, synthetic, or combinations of natural and synthetic fibres, or plastic films intended for use as tents, awnings, draperies, or decorations”.  The test does not establish a flame-spread rating for the tested material.

For some materials, such as those listed in various Articles in Subsection 3.1.13., Division B, and elsewhere throughout the Code, flame-spread rating limits are specified to control the surface burning characteristics of those materials.  The flame-spread ratings of some common building materials are listed in Appendix D.  Others must be determined by means of a standardized test (i.e., CAN/ULC-S102 for most materials, CAN/ULC-S102.2 for others).

Both sets of flame test requirements relate to the same objectives – fire safety and fire protection of buildings – and both standards use flame, to varying degrees, in the test methods.  However, the tests are different and do not directly relate to each other.  The Building Code uses the tests, directly and indirectly (i.e., through the Fire Code) to regulate some aspects of building construction, but the Building Code applies neither test in this case.

Don Pedde
Chair, Building Code Appeal Board

Dated:  October 16, 2025