BCAB #1508 - Building Classification, Farm Building, Article

May 17, 2000

BCAB #1508

Re: Building Classification, Farm Building, Article

Project Description

The building in question is a 55m X 88m steel structure containing horse stalls, riding arena, and office space. The arena is regularly used (about 3 weekends per month) for rodeos, dances, and similar functions for up to 1000 people. A kitchen area to prepare fast foods with an eating area is proposed to serve food for the functions occurring in the building. (See BCAB #1443)

Reason for Appeal

A farm building is defined, in part as "… a building … located on land devoted to … farming, and used essentially for housing of equipment or livestock …" Private events are being held at the facility, including on site food preparation and seating area, and its classification as a farm building is in question.

Appellant's Position

The proposed cooking facility will be operated only in conjunction with and subsidiary to the functions (i.e. rodeos, dances) of the building, on a similar basis as a concession. The proposed cooking facility will not operate as an independent public venue serving food to "walk in" traffic on the same basis as a restaurant. This type of cooking facility should not change the existing high human occupancy farm building classification.

Building Official's Position

The building official maintains that the addition of a restaurant to the existing building will put it outside the definition of a farm building and the building should fully comply with the Building Code as an assembly occupancy.

Appeal Board Decision #1508

It is the determination of the Board that regardless of the addition of a commercial kitchen for preparing and serving food only during events, the current use of the building exceeds the bounds of a farm building with occasional high human occupancy use as approved in Appeal #1443. The Board considers the current frequency of use of the building to put it into an assembly occupancy classification that should comply with the Building Code, not the Farm Code.

George R. Humphrey, Chair