BCAB #1255 - Egress From Dwelling Units - Articles 9.9.7.1. and 9.9.9.5.

June 26, 1991

BCAB #1255

Re: Egress From Dwelling Units - Articles 9.9.7.1. and 9.9.9.5.

Project Description

A renovation to an existing two storey commercial building to provide a residential suite on part of the top storey. There are other non-residential suites on the same storey. The top storey is served by two existing stairs. One stair leads directly down to a ground level discharge door while the other stair leads down to a "mezzanine" in the first storey. The mezzanine is served by the same stair serving the second storey and by a stair leading down through the first storey.

Reason for Appeal

Article 9.9.7.1. requires floor areas containing more than one suite to be served by a public corridor leading to an exit at each end except there may be only one exit if each suite is served by a second and separate exit.

Appellant's Position

The appellant contends that two exits are provided by their proposed design. The two stairs will be connected by a fire rated corridor and the proposed dwelling unit will egress into this new corridor.

Building Official's Position

The building official maintains that only one exit is provided because the stair which leads down to the mezzanine does meet the requirements for an exit.

Appeal Board Decision #1255

It is the determination of the Board that the second storey must be provided with a public corridor in conformance Article 9.9.7.1. and two exits in conformance with Article 9.9.8.4. The design under appeal does not provide two exits from the floor area. The stair leading down to the "mezzanine" does not qualify as an exit because it is not protected from fire in conformance with Subsection 9.9.4. and does not lead directly to the exterior.

George R. Humphrey, Chair