BCAB #1523 - Guards, Facilitation of Climbing, Sentence 18.104.22.168(3)
November 16, 2000
Re: Guards, Facilitation of Climbing, Sentence 22.214.171.124 (3)
The building in question is a two storey office building (Group D) located in an industrial business park. There is an exterior deck off the second floor with the only access to the deck through individual private office space. The guard for the deck is designed to be constructed with five horizontal steel bars approximately 200 mm on center. The building falls within the scope of Part 3 of the BC Building Code.
Reason for Appeal
Sentence 126.96.36.199.(3) states "Unless it can be shown that the location and size of openings do not present a hazard, a guard shall be designed that no member, attachment or opening located between 140 mm and 900 mm above the level protected by the guard will facilitate climbing.
The appellant contends that there will be no unsupervised children in the building. With restricted access to the deck through private offices only, there is no need to incorporated non-climbability into the design of the guard. The deck is intended for minimal use as its primary function is aesthetic.
Building Official's Position
The Building Official is not assured there will be no children using the deck, and does not consider it has been "shown" that there is no hazard created by the climbability of the guard’s horizontal members.
Appeal Board Decision #1523
The Board considers that the design of the guard as detailed presents a hazard. Sentence 188.8.131.52.(3) refers only to the location and size of openings in the guard and not to the location of the guard in the building.
George Humphrey, Chair