BCAB #1546 - Plumbing Facilities, Sentences 3.7.4.1.(1) and 3.7.4.2.(15)

August 15, 2001

BCAB #1546

Re: Plumbing Facilities, Sentences 3.7.4.1.(1) and 3.7.4.2.(15)

Project Description

The subject building is a three storey building with the upper two floors comprised of residential suites. The lower floor is 1466 m2 in area, divided into 5 suites, presently used for Group D and Group E occupancies. The building does not include common water closet facilities designated for public use.

Reason for Appeal

Sentence 3.7.4.1.(1) requires toilet fixtures be provide for and accessible to the occupants of the building. Further, Sentence 3.7.4.2.(15) requires in buildings exceeding 600 m 2 with Group D or Group E occupancies, water closets be located so that they are accessible to the public when the building is occupied.

Appellant's Position

The appellant contends that providing two waterclosets, one for male and one for female, for a mercantile suite of 248 m2 is unnecessary. Using the building official’s criteria that each suite provide its own facilities for the suite occupant load would result in at least 9 waterclosets for a floor area of 1466 m2.

Building Official's Position

The Building Official contends because there are no common facilities for the Group D or Group E suites, each suite must provide watercloset facilities for the occupant load within the suite, unless it can be demonstrated other facilities in the building are accessible.

Appeal Board Decision #1546

It is the determination of the Board that since the building has not been provided with common washroom facilities, or alternate facilities acceptable to the authority having jurisdiction, each suite must be provided with washroom facilities based on its occupant load. These facilities would include those requirements for persons with disabilities.

George Humphrey, Chair