BCAB #1783 - Application of BC Building Code footing requirements to aluminum patio canopy (Article 9.15.3.1.)

April 21, 2016

BCAB #1783

Re: Application of BC Building Code footing requirements to aluminum patio canopy (Article 9.15.3.1.)

Project Description

The project is a unit in a townhouse complex.  An aluminum frame patio roof cover is proposed to be installed over the existing concrete patio slab.  The patio cover would attach to the existing structure on one side, and the aluminum posts would bear on the concrete slab on the other side.

Reason for Appeal

There is a disagreement on whether the requirements for footings apply to the proposed installation of the aluminum frame patio cover.  The local authority has determined that the code’s requirements, those of Section 9.15. or Part 4 for footings and foundations, apply. 

Appellant's Position

The appellant considers that the BC Building Code does not apply as there is no specific mention in the code of such structures.   Similar installations have been completed in the townhouse complex and have been standing for 15 years without footings.  The concrete patio is an adequate base for the patio cover as it has been in place for 20 years and shows no signs of movement.

Local Authority’s Position

The building official maintains that, because the building is in scope of Part 9 as described in Article 1.3.3.3. of Division A, the code’s requirements, including  Section  9.15. or Part 4 for footings and foundations apply. 

Appeal Board Decision #1783

It is the determination of the Board that code’s requirements of Section  9.15. or Part 4 for footings and foundations are applicable. 

Reason for Decision

Article 1.1.1.1. of Division A does not exempt this kind of structure from the requirements of the code.

Lyle Kuhnert, Chair, Building Code Appeal Board