BCAB #1525 - Transient Accommodations (Bed and Breakfast) in a Multiple Suite Building

January 17, 2001

BCAB #1525

Re: Transient Accommodations (Bed and Breakfast) in a Multiple Suite Building

Project Description

The subject building contains five self contained residential suites. Four of the suites are located in the basement level, and a fifth larger multi level suite is located on the first, second and third storey. It is proposed that the 4 lower suites and 3 sleeping rooms in the multi level fifth suite be used for transient bed and breakfast accommodations. All the suites are in general conformance with the Fire Protection (Section 9.10) requirements of the BC Building Code. Each of the five suites has independent exiting directly to grade.

Reason for Appeal

Sentence 9.10.9.14.(2) states that sleeping rooms in boarding and lodging houses where sleeping accommodation is provided for not more than 8 boarders or lodgers need not be separated by a fire separation where the sleeping rooms form part of the proprietor’s residence and do not contain cooking facilities.

Appellant's Position

The appellant contends the suites comply with the fire protection requirements of the building code and that the 3 sleeping rooms used for transient accommodation (bed and breakfast) in the proprietors residence form part of his dwelling unit and therefore need not be considered as suites.

Building Official's Position

The Building Official agrees that the suites located on the lower level comply with Code requirements. However the Official also contends the sleeping rooms used for transient accommodation within the proprietor’s suite also be considered as suites as per the Code’s definition; the exemption of Sentence 9.10.9.14.(2) can only apply to a "house" and not apply to a multiple residential building.

Appeal Board Decision #1525

As the term "Bed and Breakfast" is not specifically defined or identified in the Building Code, the Board considers the following criteria meets the intent of the Code:

1. Not more than 8 Bed and Breakfast guests shall be accommodated within the owner’s suite.
2. The owner’s suite contains only one cooking facility.

The Board has also determined the guest’s sleeping rooms within the owner’s suite need not be considered suites as defined by the Code.

In applying the above to this appeal, it is the determination of the Board the three Bed and Breakfast sleeping rooms within the proprietor’s dwelling unit need not be considered as separate suites. The four units on the lower level are considered separate individual suites and therefore may be used for Bed and Breakfast or other residential use.

George Humphrey, Chair