BCAB #1542 - Location of Washroom Facilities, Subclause 126.96.36.199.(2)(a)(ii)
July 25, 2001
Re: Location of Washroom Facilities, Subclause 188.8.131.52.(2)(a)(ii)
The subject building is a two-storey, 490m2 Nordic ski lodge. The lower storey includes a ski rental shop, ski storage lockers, general washrooms including washroom facilities for persons with disabilities, storage and service space. The upper storey consists of restaurant and kitchen facilities, small retail, and two accessible toilet rooms. With exception of the two toilet rooms, all of the other required washroom facilities for the upper story are provided on the lower level. Each of the stories has an accessible exterior entrance at ground level. The building does not have a passenger elevator. The occupancy of the upper floor has been classified as Group A Division 2, and the lower floor as Group E.
Reason for Appeal
For buildings not exceeding two stories in building height, Subclass 184.108.40.206.(2)(a)(ii) exempts the storey above or below the accessible storey from providing requirements for persons with disabilities if the storey does not contain facilities integral to the principle function of the accessible storey.
The appellant contends the Building Code does not require a passenger elevator to provide vertical access between the two storeys.
Building Official's Position
The Building Official contends that because the all the washroom facilities required for non-disabled persons are a located on the lower storey, and that these are facilities integral to the restaurant operation on the upper storey (the accessible storey), that the exemption is not applicable. This would require vertical access between the two storeys by a passenger elevator.
Appeal Board Decision #1542
With some exceptions Sentence 220.127.116.11.(1) requires all storeys of new buildings to be accessible to persons with disabilities. The appellant has chosen not to apply the exceptions and has made both storeys accessible. There is no requirement to provide an elevator for access between floors.
George Humphrey, Chair