BCAB #1259 - Access for Persons with Disabilities - Sentence 220.127.116.11.(2)
August 19, 1991
Re: Access for Persons with Disabilities - Sentence 18.104.22.168.(2)
Two new buildings being constructed to replace two buildings destroyed by fire. Each building has a basement for mechanical service equipment and storage. One building has two storeys of commercial space above the basement and the other has one storey of commercial use and two storeys of residential use above the basement.
Reason for Appeal
Section 3.7 requires access for persons with disabilities to all storeys of new buildings except as exempted in Sentence 22.214.171.124.(2). The buildings in question would require elevators to provide access to the basements and storeys above the first storey.
The appellant does not consider access for persons with disabilities is required except to the first storey in each building. He considers the two storey building to be exempt under Clauses 126.96.36.199.(2)(a) & (f) because the second storey is less than 600 m2 in area and the basement is used primarily for storage. In the three storey building he considers the top two storeys to be exempt under Clause 188.8.131.52.(2)(c) which exempts apartment buildings and the basement to be exempt because it used primarily for storage, Clause 184.108.40.206.(2)(f).
Building Official's Position
The building official agrees that access is not required to the residential storeys of the three storey building (Clause 220.127.116.11.(2)(c)) but considers access is required to the second storey of the two storey building and the basements of both buildings. He does not consider the exemption in Clause 18.104.22.168.(2)(a) to apply because both buildings contain more than two storeys including storeys below grade and he does not consider it appropriate to exempt the basements under Clause 22.214.171.124.(1)(f).
Appeal Board Decision #1259
The Board considers that for the purposes of Section 3.7 both buildings contain more than two stories and therefore do not qualify for the access exemption in Clause 126.96.36.199.(2)(a). The Board considers that Clause 188.8.131.52.(2)(f) could apply and would suggest further discussion be held with the building official. The Board cannot overrule the decision of the authority having jurisdiction
George R. Humphrey, Chair