BCAB #1430 - Exposing building face of detached carport, Article 9.10.14.14. 9.10.14.14.

November 20, 1996

BCAB #1430

Re: Exposing building face of detached carport, Article 9.10.14.14. 9.10.14.14.

Project Description

The project in question is a 12' x 18' detached carport proposed to be constructed 0" from a property line. The solid board fence on the property line forms the exterior cladding on that side of the carport and leaves about 16% of that elevation open. The two ends and the other side are fully open.

Reason for Appeal

Article 9.10.14.14. deals with the construction requirements for the exposing building face of detached garages but makes no reference to carports. Article 9.35.2.1. defines a garage as a roofed enclosure for parking cars which has more than 60% of its perimeter enclosed by walls, doors or windows.

Appellant's Position

The appellant contends a car in a carport represents such a negligible increase in fire hazard over a car in the open that the code ignores carports as far as spatial separation is concerned. Spatial separation requirements are laid out in Subsection 9.10.14. for buildings falling under Part 9. This subsection has specific relaxations for detached garages serving one dwelling unit but no specific relaxation for carports. The difference between carports and garages is specifically defined in the Code based upon the potential fire hazard of each structure. The lack of any specific spatial separation requirements or relaxations for carports implies that the Code deems the fire spread hazard from carports to be inconsequential.

Building Official's Position

The building official maintains that Section 9.35 and Subsection 9.10.14. do not specifically exempt a detached carport from the spatial separation requirements for buildings. Article 9.35.1.2. is quite clear when it states that unless specifically exempted in Section 9.35 a carport or garage shall conform to the requirements for other buildings in Part 9. Although Article 9.10.14.14. exempts detached garages from some requirements, when they are located within 0.6 m from a property line they must comply with all other requirements of Article 9.10.14.11. The official does not agree that Section 9.35 defines the difference between garages and carports based on potential fire hazard.

Appeal Board Decision #1430

It is the determination of the Board that the code does not provide an exemption from spatial requirements for carports. Exemption for garages are covered under Sentences 9.10.14.4. (1) to (4). A reasonable approach to retain the structure in its present location is to enclose the structure to comply with the requirements for a garage as outlined in Article 9.35.2.1.

George R. Humphrey, Chair