BCAB #1868

July 22, 2021

Re: Occupancy Classification of Amenities Area

Project description

The project is a multiple use building of four storeys above grade with a below grade storage garage. Storeys one through three are occupied by Group A, Division 2 (Assembly), Group C, (Residential), and Group B, Division 3 (Care) major occupancies. The fourth storey includes a chapel, meeting room, library, lounge with a kitchen, and washrooms. It is intended the fourth storey amenities use will be limited to only building resident/occupants and staff of the building. Those resident/occupants that reside within the Group B, Division 3 Care portion of the building will be accompanied by staff when using the fourth-floor amenity area.

Applicable Code requirements

Sentences 3.1.2.1.(1) and (2) of Division B of the British Columbia Building Code 2018.

3.1.2.1.(1) Except as permitted by Articles 3.1.2.3. to 3.1.2.6., every building or part thereof shall be classified according to its major occupancy as belonging to one of the Groups or Divisions described in Table 3.1.2.1. (See Note A-3.1.2.1.(1).)

3.1.2.1.(2) A building intended for use by more than one major occupancy shall be classified according to all major occupancies for which it is used or intended to be used.

Decision being appealed (local authority’s position)

The local authority has determined that the fourth storey with amenity facilities must be classified as a Group B, Division 3 Care (B-3), as residents of the B-3 portions of the building will have access to facilities on that storey.

Appellant's position

The appellant maintains the applicable occupancy classification for the fourth storey amenity area is Group A, Division 2 Assembly.

Appeal Board decision #1868

It is the determination of the Board that the fourth storey amenity area is considered a subsidiary occupancy to the other occupancies of the building. The requirements of Sentence 3.2.2.6.(1) are applicable to the fourth storey.

Reason for decision

The Board considers that the fourth storey amenity area is intended to be an extension of the building’s operations of the occupancies below. It is intended for use exclusively by the residents of the lower storeys.

Lyle Kuhnert

Chair, Building Code Appeal Board