BCAB #1585 - Occupancy Classification, Sentences 9.10.2.1.(1), 9.10.2.2.(2)

June 20, 2003

BCAB #1585

Re: Occupancy Classification, Sentences 9.10.2.1.(1), 9.10.2.2.(2)

Project Description

The subject building is a three level house less than 600m². The building is equipped with an automatic sprinkler system (NFPA 13D), has interconnected smoke alarms in the sleeping rooms and emergency lighting in compliance with Article 9.9.11.3. The house has been previously accepted by the local building official, under Sentence 9.10.2.2.(2), as a residential care home for not more than 10 persons (licensing pursuant to the Community Care Facilities Act).

Reason for Appeal

The Building Code requires every building to be classified as to its major occupancy. The Code permits a care facility accepted for residential use pursuant to provincial legislation to be classified as a residential occupancy provided the occupants live in a dwelling unit used as a single housekeeping unit with sleeping accommodations for not more than 10 persons, interconnected smoke alarms are installed in each sleeping room, emergency lighting is provided, and the building is sprinklered throughout.

Appellant’s Position

The appellant has applied to have the building operate as a facility under Part 2 of the Hospital Act. The appellant has indicated the facility will be the residence of the occupants, who will be ambulatory, including persons which may be mentally disordered, who are under observation, treatment or care for illness, disease or injury, or who are receiving nursing care and attention, or persons who need that care or treatment (called by some as intermediate care). The Hospital Act would exclude patients as those persons whom only need or receive personal care or occasional skilled care. The appellant’s application indicates the maximum number of patient beds will be ten.

The appellant contends the facility will be operate similar to that of the license granted under the Community Care Facilities Act, and therefore falls within the scope Sentence 9.10.2.2.(2) and should be classified as Group C.

Building Official's Position

The Building Official has been requested to accept the building for use under Part 2 of the Hospital Act, using Sentence 9.10.2.2.(2) of the Building Code. It has been indicated to the Building Official through administration officials of the Hospital Act that the potential level of care provided to the occupants could be of a much higher level than those provided by a Community Care Facility. The Building Official considers the appropriate classification for the use of the building, licensed as a private hospital, is Group B, Division 2.

Appeal Board Decision #1585

It is the determination of the Board that provided the facility meets the criteria of Sentence 9.10.2.2.(2), the building classification is residential occupancy (Group C).

George Humphrey, Chair