BCAB #1668 - Dining Room in Bed & Breakfast, Determining Major Occupancy

April 15, 2010

BCAB #1668

Re: Dining Room in Bed & Breakfast, Determining Major Occupancy

Project Description
The project in question is a large 2-1/2 storey residential building used as a bed and breakfast style hotel/lodge. There are 10 bedrooms on the upper floors with kitchen, dining and living areas on the ground floor.

Reason for Appeal
A building is required to be classified according to its major use or uses. The building in question falls under Part 9 of the Code and is considered to be a residential major occupancy. However, recent renovations and additions have increased the number of guests from eight to twenty and there is a question if the expanded meal service and meeting facilities constitutes an assembly major occupancy as well as the residential major occupancy.

Appellant’s Position
The appellant contends the meal service and meeting space for guests and invited visitors of these guests is ancillary to the residential major occupancy and doesn’t constitute a second major occupancy.

Building Official's Position
The building official considers the recent renovations have changed the use from a bed and breakfast single dwelling to a small hotel. The building official understands the owners wish to serve breakfast lunch and dinner for the guests and their visitors and also host meetings and conferences. The building official maintains that if the owners wish to serve meals and alcohol for meetings and conferences then the area so used must be classified as a Group A Division 2 assembly occupancy the same as other hotels in which food and alcohol is served and conferences are held.

Appeal Board Decision #1668
It is the determination of the Board that a bed & breakfast that serves meals to overnight guests is a residential occupancy. However, once non-registered guests (general public) are invited to attend the premises for meals and/or meetings the building would be considered to contain a second major occupancy of Group A Division 2.

George Humphrey, Chair