BCAB #1522 - Application of Sentence 9.10.9.14 (2) to Bed and Breakfast Operations

November 16, 2000

BCAB #1522

Re: Application of Sentence 9.10.9.14 (2) to Bed and Breakfast Operations

Project Description

The subject building is a house containing one dwelling unit. It is proposed that sleeping accommodations (lodging) be provided for up to 8 transient persons (bed and breakfast). None of the proposed accommodations will include cooking facilities within the sleeping/sitting rooms; the only cooking facilities in the house are for the owners use. All of the accommodations are within the same building, though two of the proposed accommodations will have direct egress to the outside with no direct integral interior access to other parts of the building.

Reason for Appeal

Sentence 9.10.9.14.(2) indicates required fire separations between sleeping rooms and the remainder of the floor area are not required where sleeping accommodations are provided for not more than 8 boarders or lodgers, where the sleeping facilities form part of the proprietor’s residence and do not contain cooking facilities.

Appellant's Position

The appellant contends the proposed accommodations comply with the requirements of Sentence 9.10.9.14.(2), no fire separations are required and therefore the sleeping accommodations are considered part of the owner’s dwelling unit. Other Building Code requirements such as means of egress, spatial separations, fire resistance ratings for structural members and assemblies, etc. should be applied as if the building is a house (single suite, single dwelling unit).

Building Official's Position

The Building Official considers Building Code requirements should be applied to the building as if it was a building with multiple residential suites. The only requirement negated by Sentence 9.10.9.14.(2) is the separation of the suites from each other and the remainder of the building. The sleeping accommodations are still considered separate suites by definition and all other applicable Code requirements for a multiple residential suite building must be met.

Appeal Board Decision #1522

The Board considers the subject building to be a single suite operating as a Bed and Breakfast within in a dwelling unit. The application of Article of 9.10.9.1. exempts rooms and spaces within a dwelling unit, therefore the Code requirements pertaining to separate suites do not apply.

George Humphrey, Chair