BCAB #1124 - Exit Stairs - 5550 Barker Avenue, Burnaby

February 27, 1990

BCAB #1124

Re: Exit Stairs - 5550 Barker Avenue, Burnaby

With reference to your letter of February 5, 1990, regarding acceptance of an exit stair in the above residence.

You indicate that the stair in question does not contravene the B.C. Building Code, and this is agreed by the authority having jurisdiction, who have rejected the design because it is against their customary policies.

If this is the basis for rejection we must point out that the municipality has no such authority. The matter under review is dealt with by the B.C. Building Code, and it appears that you are being subjected to requirements which are inconsistent with the Code. We must therefore draw attention to the provisions of Subsection 740(3) of the Municipal Act, which states that a provision of a municipal bylaw that purports to deal with such matters is of no force and effect. Under this Section of the Act no authority is empowered to impose a condition which is inconsistent with the Code; if your stairway complies with the Code, then it is acceptable.

J.C. Currie, Chairman