BCAB #1210 - Enclosure of Exterior Balconies on Hi-Rise Sentence 126.96.36.199.(8) - Measure 'M'
June 21, 1990
Re: Enclosure of Exterior Balconies on Hi-Rise Sentence 188.8.131.52.(8) - Measure 'M'
A hi-rise apartment building incorporating Smoke Control Measure 'M' in order to conform to Sentence 184.108.40.206.(8).
Reason for Appeal
Sentence 220.127.116.11.(8) (Measure M) requires exterior balconies of a given minimum size accessible from each suite above grade. Several of these balconies have been enclosed with glazing and openable windows in a manner not acceptable to the authority having jurisdiction.
The enclosed balconies should still be considered as "exterior" and do provide a level of safety equal to or better than that required by the Code. They have a report from a fire protection engineering firm which substantiates their position.
Building Official's Position
The fully enclosed balconies do not comply with the intent of the Code and at least a portion of the balcony of the size required by Sentence 18.104.22.168.(8) must remain outside the enclosure and accessible by a door. They have a report from a different fire protection engineering firm which supports this position. A building permit was issued based on an acceptable enclosure design but the actual enclosures do not conform to this approved design.
Appeal Board Decision #1210
The issue of enclosure of exterior balconies on Measure 'M' buildings has been dealt with previously in Appeal No. 644 (copy attached). The Board sees no reason to alter this previous decision and still considers an exterior balcony to be unenclosed and open to the outside air.
The balcony design under appeal is in contravention of Clause 22.214.171.124.(8)(a) and is, therefore, unacceptable.
George R. Humphrey, Chair