BCAB #1932 - Application of Part 9, Energy Efficiency Requirement

July 4, 2024

Re:  Application of Part 9, Energy Efficiency Requirement

Project Description

The project is the design of a new two-storey building containing office (Group D) and repair garage (Group F, Division 2) major occupancies.  The building area is 475 m².

Applicable Code requirements (BCBC 2024)

Sentence 1.3.3.2.(1), Division A, Application of Parts 3, 4, 5 and 6

(1) Parts 3, 4, 5, and 6 of Division B apply to all buildings described in Article 1.1.1.1. and

a) classified as post-disaster buildings,

b) used for major occupancies classified as

i) Group A, assembly occupancies,

ii) Group B, care, treatment or detention occupancies, or

iii) Group F, Division 1, high-hazard industrial occupancies, or

c) exceeding 600 m² in building area or exceeding 3 storeys in building height used for major occupancies classified as

i) Group C, residential occupancies,

ii) Group D, business and personal services occupancies,

iii) Group E, mercantile occupancies, or

iv) Group F, Divisions 2 and 3, medium- and low-hazard industrial occupancies.

Sentence 1.3.3.3.(1), Division A, Application of Part 9

(1) Part 9 of Division B applies to all buildings described in Article 1.1.1.1. of 3 storeys or less in building height, having a building area not exceeding 600 m², and used for major occupancies classified as

a) reserved

b) Group C, residential occupancies (see Note A-9.1.1.1.(1) of Division B),

c) Group D, business and personal services occupancies,

d) Group E, mercantile occupancies, or

e) Group F, Divisions 2 and 3, medium- and low-hazard industrial occupancies.

Sentence 3.1.1.1.(1), Division B, Scope

1) The scope of this Part shall be as described in Subsection 1.3.3. of Division A.

Sentence 9.1.1.1.(1), Division B, Application

1) The application of this Part shall be as described in Subsection 1.3.3. of Division A. (See Note A-9.1.1.1.(1) regarding application to seasonally and intermittently occupied buildings.)

Sentence 9.36.1.3.(4), Division B, Compliance and Application

4) Buildings containing non-residential occupancies whose combined total floor area exceeds 300m³ [recte m²] or medium-hazard industrial occupancies shall comply with NECB.

Decision being appealed (Local Authority’s position)

The building fits within the Code parameters of those to which Part 9 applies.

Use of the proper Part of the Code is important because identification of the appropriate energy efficiency requirements is dependent on the Part.  In the subject location, Part 9 buildings are required to meet Step 3 of the Energy Step Code and Part 3 buildings are required to meet Step 2 of the Energy Step Code.

Appellant's position

The building was designed to meet Part 3 of the Code.  The decision was based on the building’s complexity, the architect’s familiarity with Part 3 rather than Part 9, and the Code’s permission to elect which Part of the Code to use.  All aspects of Part 3 were followed, including in the energy modelling.

Division A indicates circumstances where Part 3 must be used and where Part 9 may be used.  Division A does not preclude using Part 3 for smaller buildings.

Appeal Board Decision #1932

The Board varies the decision of the local authority.

It is the determination of the Board that the building fits within the parameters of those to which Part 9 applies and therefore the requirements of Part 9 apply to the building. The energy efficiency requirements for the building are outlined in the National Energy Code of Canada for Buildings 2020.

Reason for decision

The decision is based on the wording of Division A which states which Parts of the Code apply in a given situation.  The standard language is repeated and is interpreted to mean that the Parts must apply, not that they may apply.

The Board acknowledges that Part 3 is generally accepted as a higher standard and the Board is aware that generally substituting Part 3 for the provisions of Part 9 is common in some jurisdictions.

While a building to which Part 9 applies might be “evaluated” utilizing Part 3 or other criteria, it is Part 9 that provides the legal requirement.

Don Pedde
Chair, Building Code Appeal Board