BCAB #1604 - Application of Building Code to Play Structures, Subsection 1.1.2. Scope

September 22, 2004

BCAB #1604

Re: Application of Building Code to Play Structures,  Subsection 1.1.2. Scope

Project Description

An adventure fun center, catering to children 3 to 12 years, occupies a space of about 1400 m². Activities within the facility include three playgrounds, a train ride, car rides, movies and food concession.

It is proposed that a package designed/manufactured two level laser tag facility be installed which would cover an area of about 250 m² . The laser tag facility comprises of two levels of areas divided into mazes and rooms connected with bridges and stairs. The manufacturer of the facility indicates it complies with standards for play equipment. The intended maximum number of persons using this play area is 24. Construction materials of the facility include metal piping and joints, foam cover, no climb netting, and vinyl covering.

Reason for Appeal

Clause 1.1.2.1.(1) (b) states the Building Code applies to any occupancy. Clause 1.1.2.2.(1)(c) states the Code does not apply to mechanical or other equipment and appliances not specifically regulated in these regulations. The Building Code defines a building as any structure used or intended for supporting or sheltering any use or occupancy.

Appellant’s Position

The appellant contends the laser tag facility is a piece of equipment located within a building and that Clause 1.1.2.2.(1)(c) exempts it from the application of the Building Code.

Building Official's Position

The Building Official contends that the structure for use as a laser tag facility supports assembly occupancy similar to a gymnasium where games are played. There are columns and partitions that support a raised platform accessible by stairs and intended for the same use as the lower level. The second level should be considered a second storey of the building as the mezzanine exemption (due to second level area exceeding 40% of the room it is located in) is not applicable.

The Building Official considers that if this play structure was constructed on site with conventional materials, the requirements of the Building Code would be applicable. Off site manufacture with nonconventional materials is insufficient to warrant the play structure to be considered a piece of equipment.

Appeal Board Decision #1604

The Board considers the play structure as contents of the building and not a component of the building. Therefore it is the determination of the Board that the Building Code does not apply to this play equipment.

George Humphrey, Chair