BCAB #1390 - Egress from a Dwelling Unit, Sentence 3.3.4.4.(3)

April 20, 1995

BCAB #1390

Re: Egress from a Dwelling Unit, Sentence 3.3.4.4.(3)

Project Description

The project in question is an apartment building designed under Part 3 of the Building Code. The dwelling unit under appeal is on the second floor, 2.74 metres above grade. Egress from the suite is via a small private vestibule into which the building elevator discharges and which provides access to one of the main exit stair shafts serving floors above the second. No other rooms or suites open into this vestibule and no other doors open into the exit stair at this floor.

Reason for Appeal

Sentence 3.3.4.4.(3) permits a single exit from a dwelling unit provided it is an exterior doorway within 1.5 metres of adjacent ground level and it is not necessary to travel up or down more than one storey to reach it or the uppermost storey of the dwelling unit is provided with a balcony not more than 6 metres above adjacent ground level.

Appellant's Position

The appellant contends that the design meets the requirements of Sentence 3.3.4.4.(3) because the suite is served by an exit at ground level and it is not necessary to travel up or down more than one storey to reach it.

Building Official's Position

The building official maintains that the means of egress is not acceptable. The exit door from the suite is the door from the elevator vestibule to the exit stair shaft and this is not an exterior door and is considerably more than 1.5 m above adjacent ground level.

Appeal Board Decision #1390

It is the determination of the Board that the means of egress from the suite does not comply with the wording of Sentence 3.3.4.4.(3). The exit from the suite is the door from the elevator vestibule to the exit stair shaft and this is not an exterior door within 1.5 m of adjacent ground level.

George R. Humphrey, Chair