BCAB #1787 - Occupancy Classification of Building, Article 22.214.171.124.
July 21, 2016
Code Edition: 2012
Code Division: B
Code Reference: Part 3
Re: Occupancy Classification of Building, Article 126.96.36.199.
The appellant proposes to operate a micro-distillery in a detached workshop on a residential property. The detached building is about 30 m2, and is presently used as a storage garage/workshop.
The proposed micro-distillery is intended to be a commercial operation with a projected production of about 500 litres annually and will be the primary use of the detached building.
Reason for Appeal
The local authority has refused a business license for the micro distillery, based on Article 188.8.131.52. of the BC Building Code that prohibits an F1 High Hazard Industrial occupancy located in a building with an occupancy classification of Group C Residential.
The appellant considers the British Columbia Building Code definitions of “building” and “major occupancy” to allow a detached building with no sleeping accommodation to be classified as a Group F, Division 1 major occupancy.
Local Authority’s Position
The local authority considers accessory buildings on residential zoned property to be classified as Group C, Residential Occupancy. The local authority has determined that a micro distillery, classified as Group F, Division 1, cannot be located in the detached building classified as Group C , as restricted by Article 184.108.40.206.
Appeal Board Decision #1787
It is the determination of the Board that the separate building shall be classified according to its major occupancy. The micro-distillery shall be classified as a Group F industrial major occupancy.
Reason for Decision
Sentences 220.127.116.11.(1) and 18.104.22.168.(1) both state that every building shall be classified according to its major occupancy. The only use of the building is a micro-distillery.
Part 9 makes considerations for accessory buildings serving a single dwelling unit, however in this circumstance, the commercial micro-distillery should not be considered accessory to the dwelling unit.
It is outside of the Board’s mandate to comment on land use or zoning matters.
Chair, Building Code Appeal Board