BCAB #1516 - Boarding Houses, Separation of Sleeping Rooms

August 16, 2000

BCAB #1516

Re: Boarding Houses, Separation of Sleeping Rooms

Project Description

The appeal involves two buildings on separate and adjoining properties, both used as boarding houses. Each building is constructed similar to a house, and is occupied by a maximum of 8 boarders. The boarding houses operate as a single business, with the proprietor and/or her immediate family using both buildings.

Reason for Appeal

Sentence 9.10.9.14.(2) exempts the requirement for a rated fire separation between sleeping rooms and the remainder of the floor area where a boarding house has sleeping accommodations for not more than 8 boarders and "the sleeping rooms form part of the proprietor’s residence and do not contain cooking facilities."

Appellant's Position

The appellant contends that both of the buildings are her (the proprietor’s) residence, with neither building having more than 8 boarders, and the exemption of Sentence 9.10.9.14.(2) should apply to both buildings.

Building Official's Position

The Building Official considers only one of the buildings can be the proprietor’s residence.

Appeal Board Decision #1516

It is the determination of the Board that the term "proprietor’s residence" used in Sentence 9.10.9.14.(2) means the boarding and lodging house in which the proprietor (owner) resides. As it is not possible for the proprietor to reside in both houses simultaneously, only one of the houses can be considered the proprietor’s residence as described in this Sentence.

George Humphrey, Chair