BCAB #1527 - Required Protection from Precipitation, Sentence (2)

February 22, 2001

BCAB #1527

Re: Required Protection from Precipitation, Sentence (2)

Project Description

The subject building falls within the scope of Part 5 of the BC Building Code. A patio deck constructed of sealed concrete cast over a structural membrane of steel corrugated decking forms the ceiling /roof surface over a "cold" storage area, enclosed entrance foyer, and a service pit containing HVAC equipment (previously the HVAC equipment was exposed to the exterior). None of the areas that are covered by this assembly have provisions for heating or space conditioning.

Reason for Appeal

Sentence (2) states protection from ingress of precipitation is not required where it can be shown that such ingress will not adversely affect the health or safety of the building users, the intended use of the building, or the operation of building services.

Appellant's Position

The appellant contends he complies with Sentence (2) in that:

  • The storage space below the concrete deck is not intended by design to be habitable and has no provisions for space conditioning,
  • The intended use under the deck is for secure cold storage and to enclose a unconditioned entrance foyer for security purposes, and
  • The existing HVAC unit is now sheltered from the weather and the existing electrical panel will be re-certified by the Electrical Safety Branch.

Building Official's Position

The Building Official considers the exemption for protection from precipitation is not applicable in this circumstance in that the enclosed foyer shelters the occupants of the building when exiting. Further, the building and service components and materials stored within the covered space are subject to damage by precipitation.

Appeal Board Decision #1527

The Board considers the concrete deck to be a roof sheltering an occupancy below. While the Board agrees that the existing HVAC equipment would not be impacted by the ingress of precipitation, the Board considers the health and safety of the building users and the intended use of the interior spaces could be adversely effected. It is therefore the determination of the Board the deck must be constructed to comply with the requirements of Sentence

George Humphrey, Chair