BCAB #1318 - Fire Separation of Strata Title Townhouses, Sentences 188.8.131.52.(1) & 184.108.40.206.(1)
August 19, 1993
Re: Fire Separation of Strata Title Townhouses, Sentences 220.127.116.11.(1) & 18.104.22.168.(1)
The project in question is a 19 unit strata title townhouse complex. The townhouses are all side by side with no dwelling unit above another.
Reason for Appeal
Sentence 22.214.171.124.(1) requires suites of residential occupancy to be separated by a 45 min fire separation. Article 126.96.36.199. requires a party wall on a property line to be constructed as a firewall except in a residential building where there is no dwelling unit above another such as this townhouse project. Where there is no dwelling unit above another Sentence 188.8.131.52.(1) permits the party wall to be a fire separation with a 1 hr fire resistance rating. There is a disagreement over which of these two requirements applies to this project.
The appellant contends that Sentence 184.108.40.206.(1) is the appropriate requirement and the fire separations between residential suites should be 45 min.
Building Official's Position
The building official maintains that because there are strata title "property lines" between the units the appropriate requirement is Sentence 220.127.116.11.(1) which requires a 1 hr fire separation.
Appeal Board Decision #1318
It is the determination of the Board that strata lots are not parcels of land as intended in the definition of party wall. For the purposes of the Code strata title suites should be considered the same as rental suites. Sentence 18.104.22.168.(1) would apply to the fire separation between such suites.
George R. Humphrey, Chair