BCAB #1954 - Means of Egress from a House with a Secondary Suite

March 6, 2025

Means of Egress from a House with a Secondary Suite

Project Description

The project is the alteration of an existing house to include a secondary suite.  The secondary suite will occupy a portion of the first storey and the primary dwelling unit will occupy a portion of the first storey as well as the second and third storeys.  The primary dwelling unit and the secondary suite each have a main entrance / exit door at the first storey.  There will be no shared egress facilities.

As part of the project, balconies at the third storey will be enclosed.  Prior to the alterations, the travel limit from the third floor of the primary dwelling unit down to the egress door was permitted to exceed one storey because the third storey had balconies.  That Code permission no longer applies due to the enclosure of the balconies.

Alternate arrangements for egress from the primary dwelling unit are proposed.  Large openable windows will be added on the third floor.  Also, a balcony at the second storey will be equipped with a new stair down to grade and will be upgraded to include a 45 minute fire-resistance rating.  The balcony is proposed to then function as a single-direction exterior exit passageway providing egress from the primary dwelling unit’s third floor within the one-storey travel limit.

Applicable Code requirements (BCBC 2024)

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).)

Article 9.9.9.1., Division B, Travel Limit to Exits or Egress Doors

(1) Except as provided in Sentences (2) and (3), every dwelling unit containing more than 1 storey shall have exits or egress doors located so that it shall not be necessary to travel up or down more than 1 storey to reach a level served by

(a) an egress door to a public corridor, enclosed exit stair or exterior passageway, or

(b) an exit doorway not more than 1.5 m above adjacent ground level.

(2) Where a dwelling unit is not located above or below another suite, the travel limit from a floor level in the dwelling unit to an exit or egress door may exceed 1 storey where that floor level is served by an openable window

(a) providing an unobstructed opening of not less than 1 m in height and 0.55 m in width, and

(b) located so that the sill is not more than

(i) 1 m above the floor, and

(ii) 7 m above adjacent ground level.

(3) The travel limit from a floor level in a dwelling unit to an exit or egress door may exceed 1 storey where that floor level has direct access to a balcony.

Article 9.9.9.2., Division B, Two Separate Exits

(1) Except as provided in Sentence (2) and Sentence 9.9.7.3.(1), where an egress door from a dwelling unit opens onto a public corridor or exterior passageway it shall be possible from the location where the egress door opens onto the corridor or exterior passageway to go in opposite directions to 2 separate exits unless the dwelling unit has a second and separate means of egress.

(2) For dwelling units in a house with a secondary suite, it need not be possible to go in more than one direction to an exit from the location where the egress door opens into a public corridor or exterior passageway if the building is sprinklered or if each dwelling unit has separate and direct access from each storey to

(a) a balcony, or

(b) an openable window conforming to Clauses 9.9.9.1.(2)(a) and (b).

Decision being appealed (Local Authority’s position)

The existing deck at the second storey is a balcony and cannot be considered to be an exterior exit passageway despite the addition of a new stair and fire-resistance rating.  Due to high snow loads in the region, the second storey balcony and the new stair may become obstructed, blocking the proposed means of egress.

Because the second storey balcony cannot be considered to be an exterior exit passageway, egress from the third storey down to the door on the first storey exceeds the travel limit of one storey.  The permission to use a large openable window for third storey egress does not apply due to the addition of the secondary suite below the primary dwelling unit.  Therefore, a balcony on the third storey must be retained in order to comply with Article 9.9.9.1., Division B.

In any event, the enclosure of the third storey balconies reduces the level of life safety and building performance below that which already exists.

Appellant's position

The term “exterior passageway” is not defined in the Code but a dictionary defines passageway as “a way that allows passage”, in this case being on the exterior of the building.  With the alteration of the deck to include a 45 minute fire-resistance rating and the addition of the exterior stair, the arrangement meets the dictionary definition and the Code’s requirements.  The appellant is not aware of any Code requirement related to snow blocking the passageway.

The provision of an openable window of the required size and proximity to the ground meets the exemption found in Clause 9.9.9.2.(2)(b), Division B, thereby allowing single-direction egress from the exterior exit passageway.

The proposed arrangement for egress from the primary suite is preferrable to having a third storey balcony as an area of refuge, thereby increasing the level of life safety and building performance rather than reducing it.

Appeal Board Decision #1954

The Board reverses the decision of the local authority.

It is the determination of the Board that the second storey balcony and stair serve as a single-direction exterior exit passageway.  Egress requirements for the primary dwelling unit are satisfied.

The proposed alterations do not reduce the level of life safety and building performance of the existing building.

Reason for decision

With the addition of the new stair, the existing second storey balcony functions as a passageway from an egress door out and down to safety.  As such, it can be considered to be an exterior exit passageway.  Further, because the primary dwelling unit has two separate means of egress (one now at the second storey and one at the first storey) the exterior exit passageway can be single-direction as is permitted in Sentence 9.9.9.2.(1), Division B.

In Subsection 9.9.9., Division B, protection from snow accumulation is not a consideration.

Don Pedde
Chair, Building Code Appeal Board

Dated:  March 6, 2025