BCAB 1928 - Applicability of the Building Code to an accessory building

Applicability of the Building Code to an accessory building

Project description

The project consists of an accessory building that is equipped to be an electric sauna for personal recreational use. The one-storey building is located in the private rear yard of a residential dwelling and has a building area of 6.32 m2.

Applicable Code requirements (BCBC 2018)

Sentence 1.1.1.1.(2), Division A, Application of this Code
1) This Code does not apply to the following:
e) accessory buildings less than 10 m2 in building area that do not create a hazard, . . .

Decision being appealed (Local Authority’s position)

The Code does not define ‘hazard’, thus determining what constitutes a hazard falls to the Local Authority. It is determined that an accessory sauna building constitutes a hazard so the exemption for small accessory buildings does not apply.

The hazard is created because:
•  the building is intended to be occupied by persons for indeterminate amounts of time,
•  the building contains a heat source capable of heating the room to 70 - 90 Co, creating the risk of overheating and fire.

When the Code applies:
•  the building is located in an area of high snow loads and framing must be designed to Part 4,
•  some of the building is located on top of a terraced rock stack retaining wall and requires Registered Professional review.

Appellant's position

Absent a Code definition, it is unclear what ‘hazard’ means. The installation is typical of small accessory buildings located in the region. Those buildings contain various uses (office, storage, greenhouse, sauna, etc.). The Appellant asserts that Code compliance was not required by the Local Authority.

Appeal Board decision #1928

The Board reverses the decision of the local authority.

It is the determination of the Board that the Code does not apply to this accessory building.

Reason for decision

The building area of this accessory building falls within the 10 m2 exemption for accessory buildings that do not create a hazard. The analysis of what constitutes the creation of a hazard must be done on a case-by-case basis.

Don Pedde
Chair, Building Code Appeal Board