BCAB #1910

May 23, 2023

Re:  Application of Requirements for Accessibility in Existing Buildings

Project Description:

The project is a renovation to an existing hair salon at the second storey of a two storey building that has no elevator. The second storey contains a single suite 171m² in area that is accessed by a private stair.

Applicable Code requirements: (BCBC 2018)

3.8.2.1. General
(See Note A-3.8.2.1.)
1) Except as provided in Clause 3.8.2.3.(2)(j), the requirements of this Section apply to all buildings and all areas of buildings where work functions can reasonably be expected to be performed by persons with disabilities […]
5) Access shall be provided to alterations, additions and changes in occupancy to the extent required in Subsection 3.8.4.

3.8.4.5. Alterations and Occupancy Change
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 has determined that for a hair salon, persons with disabilities are more than reasonable members of the public to use this tenant space, especially as customers. This tenant space is entirely on the 2nd storey with no similar usages provided on the accessible (i.e. first) storey within the same tenant space. Providing access to this proposed tenant space should not be considered impractical.  The exceptions of 3.8.2.1.(1) sets out reasonable exemptions to accessibility requirements, based on the fire risk and hazard.  The subject tenant space does not meet any of these exemptions.

Appellant's position:

Work function 3.8.2.1: hair dressing is a work function requiring mobility for the worker to move around the customer to curt and set their hair from various angles and from above.  It cannot reasonably be performed by a person with a mobility disability.
Alterations to existing buildings 3.8.4.5: the existing entrance and stair to the second storey are not large enough to install an elevator or stair lift without removing floor space from the first storey suite.

Appeal Board decision #1910

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.

Frankie Victor
Acting Chair, Building Code Appeal Board