BCAB #1931

April 18, 2024

Re: Means of Egress in an Alteration to an Existing Building

Project Description

The project consists of an alteration to an existing two storey, unsprinklered building. The
building is a mix of assembly (pub/restaurant/banquet) occupancies and hotel suites. As part of the
alteration, the banquet room on the second storey will be converted into dwelling units.

Egress for two of the dwelling units is provided by egress doors into an interior corridor served
by a single exit. The required second and separate means of egress from each of the two dwelling
units is proposed to be provided by suite doors into an interior corridor served by a door into the
existing main stair which originally accessed the second storey banquet hall.

A glass-enclosed vestibule at the first storey, with doors at the exterior edge and doors at the
interior edge, serves as the main entrance/exit for the assembly occupancies on the first storey.
The existing main stair discharges into, and is contiguous with, the vestibule. As such, there is
no rated fire separation between the main stair and the first storey.

Applicable Code requirements (BCBC 2018)

Sentence 1.1.1.1.(1), Division A, Application of this Code
(1) This Code applies to any one or more of the following:
(d) the alteration of any building . . .

Sentence 1.1.1.2.(1), Division A, Application to Existing Buildings
(1) Where a building is altered, rehabilitated, renovated, or repaired, or there is a change in
occupancy, the level of life safety and building performance shall not be decreased below a level
that already exists. (See Note A-1.1.1.2.(1))

Note A-1.1.1.2.(1), Division A, Application to Existing Buildings. (Excerpts only)
This Code is most often applied to existing or relocated buildings when an owner wishes to
rehabilitate a building, change its use . . .
Whatever the reason, Code application to existing or relocated buildings requires careful
consideration of the level of safety needed for that building. This consideration involves an
analytical process . . .

In developing Code requirements for new buildings, consideration has been given to the cost they
impose on a design in relation to the perceived benefits in terms of safety . . .
The successful application of Code requirements to existing construction becomes a matter of
balancing the cost of implementing a requirement with the relative importance
of that requirement to the overall Code objectives . . .

Further information can be found. . . publications . . .

Article 3.3.4.4., Division B, Egress from Dwelling Units
6) If a dwelling unit has a second and separate means of egress, one means of egress from a
dwelling unit is permitted to pass through
a) an interior corridor served by a single exit . . .

Sentence 3.4.7.1.(2), Division B, Scope
(2) If it is impracticable to provide one or more of the exit facilities listed in Article
3.4.1.4., fire escapes conforming to Article 3.4.7.2. to 3.4.7.7. are permitted . . .

Decision being appealed (Local Authority’s position)

A second and separate means of egress is required for two of the dwelling units. The existing main
stair is not protected from the first storey and so cannot be considered as a second and separate
means of egress or as an exit.

A fire escape is permitted only in cases where it is “impracticable” to provide an exit facility.
The alteration project could provide a compliant second means of egress.

Appellant's position

It is intended that the existing main stair be the required second and separate means of egress for
two dwelling units. However, it is impracticable to significantly revise the stair due to
structural, functional, and layout issues. Rather, the existing stair can be considered as meeting
the requirements for a fire escape, including the rise and run of the steps and the exemption from
any requirement for protection from adjacent spaces when serving only a second storey.

Appeal Board Decision #1931

The Board varies the decision of the local authority.

It is the determination of the Board that the existing main stair can be considered as a second and
separate means of egress. Code requirements related to fire escapes are not applicable. However,
addressing fire and life safety issues related to any deficiencies in the existing main stair and
its compartmentation, through a practical application of the Code to this existing building, is
feasible.

Reason for decision

Code application to existing buildings requires careful consideration of the level of safety needed
for that building. This consideration involves an analytical process similar to that required to
assess alternative design proposals for new construction. The local authority and the appellant can
undertake a process of analysis to conceive of a practical approach
to address deficiencies in the existing second means of egress. The Board takes guidance from the
Code Notes and from the User’s Guide – NBC 1995, Fire Protection, Occupant Safety and Accessibility
(Part 3).

Don Pedde
Chair, Building Code Appeal Board