BCAB #1400lmd - Access for Persons with Disabilities to Below Grade Addition, Clause 3.7.4.1.(2)(a)

June 15, 1995

BCAB #1400

Re: Access for Persons with Disabilities to Below Grade Addition, Clause 3.7.4.1.(2)(a)

Project Description

The project in question is the relocation of an existing night club to a new 239 m2 basement area. The new basement will be constructed in a presently unexcavated area below the existing building. The new basement is isolated from the existing basement by an existing driveway to the underground municipal parking garage. There will be no internal connection between the existing building and the new basement addition, it will be completely self contained regarding mechanical and electrical services and will be under independent strata ownership.

Reason for Appeal

Article 3.7.2.1. requires access for persons with disabilities to buildings of new construction and to alterations and additions to existing buildings except for specified exemptions. One of the specified exemptions is vertical additions of less than 600 m2.

Appellant's Position

The appellant contends the new basement is a vertical addition of less than 600 m2 and is exempt from the requirements for access.

Building Official's Position

The building official maintains the new basement is a horizontal addition to an existing storey and must be accessible.

Appeal Board Decision #1400

It is the determination of the Board that the "addition" in question falls within the definition of building of new construction because there are no internal pedestrian connections to the existing building. Subsection 3.7.4., "Alterations and Additions to Existing Buildings", does not apply to buildings of new construction and none of the exemptions in Subsection 3.7.2. are applicable to the project in question. Therefore the project is required to be accessible to persons with disabilities.

George R. Humphrey, Chair