BCAB #1250 - 4 Storey Intermediate Care Facility classified as a High Building - Clause 126.96.36.199.(1)(b)
May 28, 1991
Re: 4 Storey Intermediate Care Facility classified as a High Building - Clause 188.8.131.52.(1)(b)
A Group B Division 2 intermediate care facility of four storeys in building height. The fourth storey is designed to accommodate seven "Intermediate Care Level I" patients who, according to the appellant, would be able to exit the building in an emergency without assistance.
Reason for Appeal
Clause 184.108.40.206.(1)(b) requires any building with a Group B occupancy above the the third storey intended for patients in bed or infirm persons to be classed as a high building and to conform to the requirements of Subsection 3.2.6.
The appellant does not consider Subsection 3.2.6. applies because the residents of the fourth floor can exit the building without assistance. In other words they are not patients in bed or infirm persons.
Building Official's Position
The building official maintains that "Intermediate Care Level I" patients are infirm persons as defined in the Building Code and cannot be housed on the fourth storey unless the building conforms to Subsection 3.2.6.
Appeal Board Decision #1250
It is the determination of the Board that "Intermediate Care" patients fall within the Code definition of infirm persons because they are provided with daily care or supervision by a health care professional such as a registered nurse. Therefore, in conformance with Clause 220.127.116.11.(1)(b), if intermediate care patients are housed above the third storey of a building it must be considered a high building and comply with the requirements Subsection 3.2.6.
George R. Humphrey, Chair