BCAB #1643 - Application of BCBC to mobile kiosks Clause (c) Division A

April 30, 2008

BCAB #1643

Re: Application of BCBC to mobile kiosks Clause (c) Division A

Project Description

The subject is a mobile vending kiosk which sells ice cream products located in a shopping mall. As a requirement of the local Health Authority, the kiosk is equipped with sinks and a hot water heater to provide water for the sole purpose of hand washing of the operator. All utensils are disposable. The kiosk incorporates a 23 litre self contained water supply and a waste water holding tank, which are manually filled and drained.

Reason for Appeal

Clause of Division A indicates the Code does not apply to mechanical or other equipment and appliances not specifically regulated in the Code.

Appellant’s Position

The appellant contends the mobile vending kiosk is a temporary accessory of the building, and not a permanent fixture. Further, it should be considered to be as equipment not regulated by the Code, and therefore exempt from the requirements of the Code including Part 7.

Building Official's Position

The Building Official considers the Building Code is applicable to the mobile vending kiosk which requires the kiosk’s sinks to be connection to the mall’s sanitary drainage system and potable water system.

Appeal Board Decision #1643

It is the determination of the Board that Part 7, Plumbing Services, of the BC Building Code is not applicable to the water/drainage provisions of this mobile kiosk. This is based on the application of Sentence

This decision does not supersede any other requirements of other authorities, i.e. health.

George Humphrey, Chair