BCAB #1551 - Exemption of Building Requirements for Persons with Disabilities, Sentence 3.8.2.1.(2)

September 19, 2001

BCAB #1551

Re: Exemption of Building Requirements for Persons with Disabilities, Sentence 3.8.2.1.(2)

Project Description

The subject building contains a drive thru automobile oil change/lubrication facility and a caretaker’s accommodation. The building is three storeys in building height with a footprint area of approximately 194 m2. The basement, first and second storeys are classified as Group F, Division 2 with a subsidiary Group D (office) occupancy. The third storey is a caretaker’s residential suite classified as Group C occupancy.

Reason for Appeal

Clause 3.8.2.1.(2)(c) exempts dwelling units from the Building Requirements for Persons with Disabilities. Sentence 3.8.2.1.(2) further exempts the storey above or below the accessible storey in buildings not more than two storeys in building height if the storey is less than 600m2 and does not contain facilities integral to the principle function of the accessible storey.

Appellant’s Position

The appellant contends as dwelling units are exempt from the Building Requirements for Persons with Disabilities that an elevator (vertical access) is not required to serve the third storey where the residential suite is located..

Building Official’s Position

The Building Official contends that because the building is three storeys in building height, an elevator is required to serve the caretaker’s suite.

Appeal Board Decision #1551

It is the determination of the Board that Clause 3.8.2.1.(2) (c) exempts the dwelling unit from Building Requirements for Persons with Disabilities.

George Humphrey, Chair