BCAB #1649 - Spatial Separation for a Canopy Over Fuel Dispensing Pumps, Article 126.96.36.199. Defined Terms, Sentence 188.8.131.52.(1) Spatial Separation
July 23, 2008
Re: Spatial Separation for a Canopy Over Fuel Dispensing Pumps, Article 184.108.40.206. Defined Terms, Sentence 220.127.116.11.(1) Spatial Separation
The subject building is a canopy approximately 29.5 meters long by 11 meters wide. The canopy is supported on six columns, with the canopy extending 950 mm beyond the columns in width and 4250 mm beyond the corner columns in length. The canopy is intended to provide overhead weather protection for six fuel dispensing pumps, and is open on all sides. The canopy is to be used/operated in conjunction with a separate convenience store.
Reason for Appeal
Article 18.104.22.168. defines a building as any structure used or intended for sheltering any use or occupancy.
Sentence 22.214.171.124.1.(1) requires spatial separation between buildings dependent upon unprotected openings and occupancy classification.
The appellant contends the canopy is unenclosed and open to the outdoors, has no exterior walls, and therefore has no building area (Building area is defined by exterior walls), For the purposes of applying Subsection 9.10.14. Spatial Separation Between Buildings, the canopy should not be considered a building.
Building Official's Position
The Building Official contends the canopy is a building with a building area of 347 m2, classified as Group F, Division 2. Further, for the application of Sentence 126.96.36.199.(1) to determine spatial separation, the Building Official considers the canopy to have exterior walls with 100% unprotected openings.
Appeal Board Decision #1649
It is the determination of the Board that the canopy is a building and its major occupancy classification is Group E, Mercantile. The requirements of Subsection 9.10.14., Spatial Separation Between Buildings, are applicable.
George Humphrey, Chair