BCAB #1899

December 15, 2022

Re: Application of Building Requirements for Persons with Disabilities to an Existing Building

Project Description

 The subject is an existing multi-tenant mixed use building constructed under Part 9 of the 2006 BCBC. The building is two storeys in building height, with the first storey approximately 270 m2 in building area and the second storey approximately 120 m2 in area. The first storey consists of three suites of industrial shop area, Group F, Division 3 occupancy (F3), the second storey consists of 6 office spaces, a meeting room and a washroom. The second storey is independent from the first storey, being served by its own exit stairway discharging directly to the outdoors. The local authority considered the second storey to be subsidiary to the lower storey as the zoning bylaw at that time would not permit the second storey as a separate Group D major occupancy. The building design includes the first storey F3 occupancy being separated from the second storey occupancy by a fire separation having a fire resistance rating of 1 hour.

Applicable Code requirements:

1.1.1.1.   Application of this Code

1) This Code applies to any one or more of the following:

a) the design and construction of a new building,

b) the occupancy of any building,

c) the change in occupancy of any building,

d) an alteration of any building, […]

* the BCBC 2006 Clause (1)(a) applied to original building construction, and BCBC 2018 Clause (1)(c) applies to change of occupancy.

3.8.4.1. Application (BCBC 2018)

1) Except as provided in Sentence (2), access as described in Articles 3.8.4.2. to 3.8.4.8. shall be provided

a) to additions to existing buildings where such additions have internal pedestrian connections with the existing buildings,

b) to existing parts of buildings to which additions described in Clause (a) are made, and

c) to the extent required by Article 3.8.4.5., to existing buildings

i) where the occupancy is changed, or

ii) that are altered or renovated.

3.8.4.5. Alterations and Occupancy Change (BCBC 2018)

1) Where an existing building is altered or renovated, or where the occupancy is changed, access shall be provided in conformance with Subsections 3.8.2. and 3.8.3. where

a) persons with disabilities could reasonably be expected to be employed in, or could reasonably be expected to use, such an occupancy or building, and

b) providing such access would be practical.

Decision being appealed (local authority’s position)

The local authority considers the second storey office spaces were initially intended to be an accessory (subsidiary) use to the principle F3 occupancy suites located on the first storey. Through business license processing, the local authority has become aware the use of the office area is not related to the F3 occupancy below, and that a change of major occupancy to Group D, Business and Personal Service is warranted. As a result, the local authority is invoking the application of the 2018 BC Building Code to the second storey, including those requirements of Section 3.8 requiring access by elevator or other lift equipment for persons with disabilities. The local authority considers that persons with disabilities could reasonably be employed on the second storey, and that providing access would not be impractical.

Appellant's position

The appellant contends the second storey office area was never limited to subsidiary use for the industrial area below and is supported by annual business licenses issued in past years. The request to now provide access for persons with disabilities to the second storey, including an elevator, would be impractical for the 120m2 area for six offices.

Appeal Board decision #1899

It is the determination of the Board that to provide access for persons with disabilities to the second storey, including an elevator, is not required.

Reason for decision

The Board considered the cost versus benefit and determined it to be impractical to provide access for persons with disabilities to the second storey. Further the Board considered the requirements at the time of construction of the building (BCBC 2006) and that access for persons with disabilities to the second storey would not have been required even if the first and second storeys were considered separate major occupancies (Group D and F3).

Lyle Kuhnert
Chair, Building Code Appeal Board