BCAB #1935 – Determination of Subsidiary or Major Occupancy

September 5, 2024

Re: Re: Determination of Subsidiary or Major Occupancy

Project Description

The project is a proposed new building which is a brewery and it consists of a brewhouse and a tap room. The building is a single storey and the overall building area is 446m².

The brewhouse is considered to be a Group F, Division 3 occupancy. It has an area of 211m² and a staff of 3 persons. The tap room is considered to be a Group A, Division 2 occupancy. It has an area of 235m² and an occupant load in excess of 70 persons. The design includes only a series of stanchions and a removable belt as a separation between the two primary spaces.

The tap room, as proposed, is intended primarily for serving the products that are manufactured on site.

Applicable Code requirements (BCBC 2018)

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

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

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

Sentence 1.4.1.2.(1), Division A, Defined Terms

Major occupancy means the principal occupancy for which a building or part thereof is used or intended to be used, and shall be deemed to include the subsidiary occupancies that are an integral part of the principal occupancy...

Decision being appealed (Local Authority’s position)

The brewery occupancy – Group F, Division 3 – and the tap house occupancy – Group A, Division 2 – are major occupancies and, therefore, the building is a Part 3 building.

The occupant load of the tap room is greater than thirty persons. The permissions regarding reclassification and inclusion of a small assembly major occupancy in a Part 9 building, stated in Articles 3.1.2.6., Division B, and Article 9.10.2.3., Division B, do not apply unless the number of persons does not exceed 30.

The occupant load of the tap room, and the area of the tap room as a proportion of the entire building, exceed those of the project considered in BCAB #1793. Therefore, BCAB #1793 is not instructive in this case.

Appellant's position

The principal use intended for the building is the brewery operation.

The proposed tap room will only be used for consumption and sales of product brewed on site and it is a supplementary, but integral, part of the brewery. The tap room is not intended for uses that are not integral to the brewery (e.g. space rental for meetings, weddings, receptions, etc.). As such, the assembly occupancy of the tap room is subsidiary to the principal occupancy and Group F, Division 3 is the major occupancy of the building.

Although the assembly occupancy is not a major occupancy, it must still be considered in some aspects of Code compliance, such as health requirements and accessibility.

Appeal Board Decision #1935

The Board reverses the decision of the local authority.

It is the determination of the Board that the principal occupancy for which the building is intended to be used – Group F, Division 3 – is the single major occupancy of the building. That major occupancy includes the subsidiary assembly occupancy – Group A, Division 2.

Reason for decision

The brewery operation is the principal use of the building.

The tap room will be used for consumption and sales of product brewed on site; uses that are subsidiary to the principal use in this case. As proposed, the tap room is not intended for uses that are not integral to the brewery (e.g. space rental for meetings, weddings, receptions, etc.).

The Board notes that the circumstances related to principal and subsidiary uses in a building must be reviewed on a case-by-case basis. One use or the other may be the dominant, or principal, use while the other use is subsidiary.

In this case, the brewery operation is the principal use of the building; in other cases, the assembly occupancy might be the principal use.

Don Pedde
Chair, Building Code Appeal Board