BCAB #1560 - Season and Intermittently Occupied Buildings, Sentence 9.1.1.1.(1)

February 21, 2002

BCAB #1560

Re: Season and Intermittently Occupied Buildings, Sentence 9.1.1.1.(1)

Project Description

The subject building is a three storey residential building with a footprint area of 98 m² and an aggregate finished floor area of approximately 80m² .

Reason for Appeal

Sentence 9.1.1.1.(1) references Appendix A for the application to seasonally and intermittently occupied buildings. The Appendix states " Without compromising the basic health and safety provisions, however, various requirements in Part 9 recognize that leniency may be appropriate in some cases." It further states " and the increasing installation of modern conveniences in these buildings, the number and extent of possible exceptions is reduced".

Appellant’s Position

The structure is intended to be used for 2 or 3 days a week during June through September. The appellant contends he does not wish to install electricity or modern conveniences in the building. He states "This house is meant to be the opposite of that, a place to get away from the cramped quarter of the apartment and hectic pace of the family business. The building site is located on a small island in a rural area of recreational properties (i.e. "summer homes") and permanent residences." The appellant feels all subjects indicated in the Appendix should be considered for leniency and in addition the requirements for double glazing for doors, windows and skylights, mechanical ventilation, and heating and air conditioning should also be considered.

Building Official’s Position

The Building Official is reluctant to approve an interpretation that would compromise the construction requirements of the dwelling unit and potentially risk a liability claim from a future purchaser. After the structure is completed, the Building Official has little control as to how or when the structure is occupied and the enforcement implications are difficult.

Appeal Board Decision #1560

The Board acknowledges that leniency is included in some Code requirements for seasonally or intermittently occupied buildings falling within the scope of Part 9. If the appellant can satisfy the authority having jurisdiction that the structure will be used only for seasonal or intermittent use, then these specific, more lenient requirements, would apply. It should be noted that the requirement for plumbing fixtures (9.31.4.) and electrical facilities (9.34.1.2) are related to the availability of services to the property and not to seasonal use.

George Humphrey, Chair