BCAB #1059A - Appeal #1059, Article 9.10.11.2.

December 19, 1989

BCAB #1059A

Re: Appeal #1059, Article 9.10.11.2.

With reference to your letter of October 26, 1989, regarding our decision under Appeal #1059.

The Building Code applies to buildings or structures constructed in British Columbia, and its provisions are intended to ensure that such buildings and structures are of a constant standard, and are safe for the use intended or occupancy, irrespective of the property characteristics, legal or otherwise, upon which they are located. The Condominium Act permits land to be subdivided in a special manner and subject to special provisions relating to tenure and ownership.

The provisions of the Code apply to buildings and structures erected on property subject to a strata plan, to the same extent as those provisions would apply to such buildings and structures if the Condominium Act was not involved. If such were not the case then the provisions of that Act could be used to avoid or vary the rules of construction provided under the Code.

To avoid this possibility arising, the Board is of the opinion that the Code should be applied strictly to all construction in the province, unless it can be shown that such application can be challenged as being illegal. The matters referred to in your letter of October 26, 1989, do not constitute such a challenge.

J.C. Currie, Chair