BCAB #1921

September 28, 2023

Re:  Storeys in Building Height - Rooftop Structures

Project Description

The project consists of three- and four-unit blocks of side-by-side townhouse dwellings.  Each townhouse dwelling has three storeys of habitable space plus a private rooftop patio accessed by an enclosed stair leading to the storey just below.  Each rooftop patio contains the enclosed access stair, an open space approximately 40m² in area, and a covered, partially enclosed area of approximately 10m² adjacent and attached to the stair enclosure.

Applicable Code requirements (BCBC 2018)

Sentence 1.4.1.2.(1), Division A, Defined Terms
Storey means that portion of a building that is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it.
Building height (in storeys) means the number of storeys contained between the roof and the floor of the first storey.

Decision being appealed (Local Authority’s position)

The covered and partially enclosed area at each rooftop patio consists of a floor and a ceiling and meets the definition of storey.  With this additional storey, each building is four storeys in building height.

Appellant's position

No portion of the rooftop patio should be considered as a floor.  Further, the portion of each rooftop patio that is covered and partially enclosed is sufficiently open to allow smoke and heat venting.  The covered portion of each rooftop patio should not be considered a storey and each building is, therefore, three storeys in building height.

Appeal Board Decision #1921

The Board confirms the decision of the Local Authority. It is the determination of the Board that the covered and partially enclosed area at each rooftop patio meets the definition of storey.

Reason for decision

When determining building height, the BC Building Code provides exceptions for specific structures on roofs.  (Sentence 3.2.1.1.(1) and Sentence 9.10.4.4.(1), Division B.)  The proposed covered and partially enclosed areas do not meet these exceptions.

Don Pedde
Chair, Building Code Appeal Board