BCAB #1718 - Occupancy Classification of Video Game Store, Articles 9.10.2.1. & 9.10.9.13.

November 21, 2012

BCAB #1718

Re: Occupancy Classification of Video Game Store, Articles 9.10.2.1. & 9.10.9.13.

Project Description

The project in question is an existing commercial building with six suites. Two suites contain Group D, business and personal services occupancies, one is Group E mercantile, one is a Group F Division 2 repair garage and one is currently vacant. The sixth tenant is a video game store.

Reason for Appeal

Except for Group D suites, Sentence 9.10.9.13.(1) requires a fire separation with a 45 min fire resistance rating between every suite. If the video game store is classified as Group D then the demising walls between it and its Group D neighbours are not required to be fire separations and do not need a fire resistance rating. If classified as other than Group D the requirement for a fire separation with a fire resistance rating will require significant changes and upgrades to the HVAC system which serves all the suites.

Appellant's Position

The appellant contends that the video game store could be classified as Group D similar to a small tool and appliance rental and service establishment listed as an example of Group D in A-3.1.2.1.(1) of Appendix A of Division B.

Building Official's Position

The building official maintains the video game store buys, sells and trades electronic gaming equipment and games so it more closely approximates the fuel load and safety concerns of a Group E mercantile occupancy.

Appeal Board Decision #1718

It is the determination of the Board that based on the information submitted the occupancy classification is Group E, mercantile.

George Humphrey, Chair