BCAB #1872

October 29, 2021

Re: Fire Department Access Roadway to Buildings

Project description

The project is a house and a detached garage/dwelling unit being constructed on a recent four lot subdivision. Fire department access to the lots and the subject buildings is by a common private roadway.

There are portions of the common private roadway (driveable surface) that have a width of about 4.5 m., less than the 6m width required by the local fire authority. A building permit was issued for the house with a condition that the structure be sprinklered to NFPA 13D, as an alternative to not having a roadway with a 6m width for its entire length.

Applicable Code requirements:

Sentences 9.10.20.3.(1) and (2) including Notes A-9.10.20.3.(1) and A-3.2.5.6.(1) of Division B of the British Columbia Building Code 2018.

9.10.20.3.(1) Access for fire department equipment shall be provided to each building by means of a street, private roadway or yard. (See Notes A-9.10.20.3.(1) and A-3.2.5.6.(1).)

9.10.20.3.(2) Where access to a building as required in Sentence (1) is provided by means of a roadway or yard, the design and location of such roadway or yard shall take into account connection with public thoroughfares, weight of firefighting equipment, width of roadway, radius of curves, overhead clearance, location of fire hydrants, location of fire department connections and vehicular parking.

A-9.10.20.3.(1) Fire Department Access Route Modification.   In addition to other considerations taken into account in the planning of fire department access routes, special variations could be permitted for a house or residential building that is protected with an automatic sprinkler system. The sprinkler system must be designed in accordance with the appropriate NFPA standard and there must be assurance that water supply pressure and quantity are unlikely to fail. These considerations could apply to buildings that are located on the sides of hills and are not conveniently accessible by roads designed for firefighting equipment and also to infill housing units that are located behind other buildings on a given property.

A-3.2.5.6.(1) Fire Department Access Route.   The design and construction of fire department access routes involves the consideration of many variables, some of which are specified in the requirements in the Code. All these variables should be considered in relation to the type and size of fire department vehicles available in the municipality or area where the building will be constructed. It is appropriate, therefore, that the local fire department be consulted prior to the design and construction of access routes.

Decision being appealed (local authority’s position)

The local authority has determined that in consultation with the local fire authority, and using guidance of A-9.10.20.3.(1) Fire Department Access Route Modification, the subject house is required to be sprinklered to NFPA 13D. This requirement is to compensate for the possibility of limited fire department access due to narrow portions of the private roadway and was identified as a condition at time of issuance of the Building Permit for the building.

The local fire authority considered the 4.5 m wide portion of the roadway inadequate that the “fire department access to the property, that is located on a slope, was too narrow and there was a portion that was immediately adjacent to a steep drop off that would likely become even narrower and more hazardous in winter due to snow and ice build-up”.

Appellant's position

The appellant considers the areas of the fire department access road that are approximately 4.5 m wide to be of adequate width to provide access for fire department vehicles and equipment.

Appeal Board decision #1872

It is the determination of the Board that the required consultation as referenced in Note A-3.2.5.6.(1) has taken place. Therefore, the 6 m width of the fire access roadway, or those alternatives required by the local authority, are applicable.

Reason for decision

Although the Board recognizes that the fire access roadway of less than 6 m in width may be adequate, the Board respects the concept of autonomy granted to the local authority through Provincial enactments (such as the Local Government Act, the Community Charter, and the Building Act) for their unique and specific needs when considering the requirements of Sentence 9.10.20.3.(2).

Lyle Kuhnert

Chair, Building Code Appeal Board