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BCAB #1420 - Mezzanine Design, Sentence 3.2.1.1.(3)

Last updated on March 24, 2016

July 17, 1996

BCAB #1420

Re: Mezzanine Design, Sentence 3.2.1.1.(3)

Project Description

The project is an existing building with two small mezzanines which were constructed without a building permit. The open floor space in which the mezzanines are located is approximately 3718 square feet. One mezzanine is 487 square feet and the other is 518 square feet. A full height wall, not directly associated with either mezzanine obstructs some of the view of the open floor space from the larger mezzanine.

Reason for Appeal

Sentence 3.2.1.1.(3) permits a mezzanine to be excluded from the calculation of building height provided:

  1. not less than 60 per cent of the horizontal plane separating the mezzanine from the floor space in which it is located is open,

  2. except from within enclosures described in Clause (c), the mezzanine to a height of not less than 2150 mm above the mezzanine floor, is visually open to the floor space below except for guards not more than 1070 mm in height, columns and posts, and

  3. not more than 10 per cent of the area above the horizontal plane is enclosed, except as provided in Sentence 3.3.2.11.(2).

Appellant's Position

First of all the appellant has determined that approximately 73% of the horizontal plane is open (the mezzanines occupy a total of 27% of the open floor space). The appellant then shows that each mezzanine has an open area, or areas, in front of it that corresponds to the requirement for 60% of the horizontal plane to be open. The two open areas associated with the larger mezzanine are separated by the full height view obstructing wall. The appellant argues that a line joining the two ends of this L shaped wall creates a triangular area approximately 7.5% of the open floor space and this is less than the 10% which is permitted by Clause 3.2.1.1.(3)(c).

Building Official's Position

The application form indicates the building official considers the design to contravene Clause 3.2.1.1.(3)(a) but no further comments were received.

Appeal Board Decision #1420

It is the determination of the Board that mezzanine #2 does not conform to Sentence 3.2.1.1.(3) for either of two reasons.

The Board considers the full height wall defines the open space in which this mezzanine is located. Therefore, less than 60% of the horizontal plane associated with this mezzanine is open. The full height wall is a visual obstruction which contravenes Clause 3.2.1.1.(3)(b).

George R. Humphrey, Chair