BCAB #1657 - Building Code application to an existing building (windows), Clause 126.96.36.199.(1)(k), Sentence 188.8.131.52.(1) , Division A.
May 28, 2009
Re: Building Code application to an existing building (windows), Clause 184.108.40.206.(1)(k), Sentence 220.127.116.11.(1) , Division A.
The subject building is a residential high rise condominium constructed in 1974. As part of an owner initiated voluntary building envelope upgrade, it is intended that building’s windows will be replaced.
Reason for Appeal
Clause 18.104.22.168.(1) (k) , Division A indicates that the British Columbia Building Code (BCBC) applies to the installation, replacement, or alteration of materials or equipment regulated by this Code. There is an Appendix note that provides some guidance for the application of Sentence 22.214.171.124.(1).
Sentence 126.96.36.199.(1) indicates that where a building is altered or repaired, the building performance shall not be decreased below a level that already exists.
The appellant wishes to install new windows which would not comply with the Building Code’s referenced standard in Part 5. The appellant contends the proposed new window replacement units, although not meeting Building Code requirements, provide a superior level of performance when compared to those which are being replaced, meeting the requirements of Sentence 188.8.131.52.(1).
Building Official's Position
The Building Official’s contends that Clause 184.108.40.206.(1)(k) Division A of the BCBC requires the replacement windows comply with the CAN/CSA A-440 standards referenced in Part 5 of the BCBC.
Appeal Board Decision #1657
It is the determination of the Board that the replacement windows must comply with the present Code’s window standards.
George Humphrey, Chair