BCAB #1276 - Kiosks in Public Corridors Clause 22.214.171.124(3)(c) and Sentence 126.96.36.199.(5)
April 21, 1992
Re: Kiosks in Public Corridors Clause 188.8.131.52(3)(c) and Sentence 184.108.40.206.(5)
The project under appeal is a one storey fully sprinklered retail shopping center. The public corridors within the building are generally 5 meters wide except at the two entry foyers where they are between 8.5 m and 9.7 m wide. The appellant proposes retail kiosks in the middle of these entry foyer areas.
Reason for Appeal
Clause 220.127.116.11.(3)(c) permits the fire separation between tenant areas and the public corridor to be omitted where the building is sprinklered and the corridor exceeds 5 m in unobstructed width. Sentence 18.104.22.168.(5) states that where there is an occupancy in a public corridor it must not reduce the corridor below its required minimum width.
The appellant interprets Sentence 22.214.171.124.(5) as requiring the corridor to be maintained at not less than the minimum required width for access to exit purposes. He refers to Appeal #1125 which dealt with a similar situation and ruled that the minimum width required by Sentence 126.96.36.199.(5) could be taken as the sum of the widths on either side of the kiosk.
Building Official's Position
The building official considers the kiosks to be no different than other tenant spaces in the building and therefore, must comply with the fire separation requirements of Clause 188.8.131.52.(3)(c). This would require the corridor between the kiosks and other tenant spaces to be not less than 5 meters wide or a fire separation must be provided. The building official would accept kiosks without a 5 meter separation provided they are limited to a few uses and meet design and construction guidelines but the appellant does not wish to be restricted to these uses and designs.
Appeal Board Decision #1276
The Board's decision in this appeal is based the appellant's desire to use the defined "kiosk" space in the center of the entry foyer for any type of use without the restrictions applied by the authority having jurisdiction. Under these conditions the Board feels that the space must be considered under a "worst case" scenario and be treated the same as any other suite within the building. Therefore, the fire separation requirements of Sentence 184.108.40.206(3) apply and if open store fronts are desired then a corridor of not less than 5 meters in unobstructed width is required between the "kiosk" area and the suites across the corridor.
George R. Humphrey, Chair