BCAB #1828

July 26, 2019

Re: Mezzanine

Project Description

The project is a medium-hazard industrial building with a first storey floor area of 3 787 m². There are three mezzanines that do not meet Sentence 3.2.1.1.(3). None of the mezzanines are superimposed. There is an enclosed space at the mezzanine level identified as an unfinished space that has not been included in the calculation of area of the mezzanines.

The building is operated under a single tenancy that includes four separated functional areas for an office, showroom, warehouse and shop.

Applicable Code Requirements

Sentences 3.2.1.1.(3) and (4) of Division B of the 2012 British Columbia Building Code.

3.2.1.1.(3) Except as required by Sentence (5), a mezzanine need not be considered as a storey in calculating the building height, provided

a) not less than 60% of the horizontal plane separating the mezzanine from the room or floor space in which it is located is open, and

b) except as permitted in Sentences (7) and 3.3.2.12.(3), the space above the mezzanine is used as a visually open area without partitions or subdividing walls higher than 1 070 mm above the mezzanine floor. (See Appendix A)

3.2.1.1.(4) Except as required by Sentence (5), the space above a mezzanine need not be considered as a storey in calculating the building height, provided

a) the aggregate area of mezzanines that are not superimposed and do not meet the conditions of Sentence (3) does not exceed 10% of the floor area in which they are located, and

b) the area of a mezzanine in a suite does not exceed 10% of the area of that suite (see Appendix A).

Decision being Appealed (Local Authority’s Position)

The local authority has determined that the office, showroom, warehouse and shop are separate rooms and the area of each of the three the mezzanines is measured against the area of the room in which it is located. The area of one of the mezzanines exceeds 10% of the room in which it’s located, and therefore the mezzanines must be considered as an additional storey.

Appellant's Position

The appellant maintains that in Clause 3.2.1.1.(4)(a), “floor area in which they are located” relies on the definition of floor area and refers to the floor area of the storey in which the mezzanines are located.

The aggregate area of the mezzanines is measured against the entire floor area.

Appeal Board Decision # 1828

It is the determination of the Board that the aggregate area of the mezzanines is measured against the entire floor area. Mezzanine is defined as an intermediate floor assembly, and if the unfinished space (as identified on the submitted plan) for one of the mezzanines is on a floor assembly, its area must be included as part of the mezzanine.

Reason for Decision

The entire floor area is a single tenancy. Clause 3.2.1.1.(4)(a) relies on the definition of floor area. The aggregate area of the mezzanines is limited to 10% of the entire floor area.

Lyle Kuhnert

Chair, Building Code Appeal Board