BCAB #1694 -Occupancy Classification of Coffee Shop, Sentence 126.96.36.199.(1)
June 16, 2011
Re: Occupancy Classification of Coffee Shop, Sentence 188.8.131.52.(1)
The project is a 3 storey building of mixed occupancy containing four residential suites and two small commercial suites, one of which is a 25 seat coffee shop.
Reason for Appeal
Sentences 184.108.40.206.(2) and 220.127.116.11.(1) require a building or part thereof to be classified in accordance with its major occupancy.
The appellant contends that the occupant load of 20-30 persons and the primarily take-away sales of goods are consistent with the code definition of either business and personal services or mercantile occupancies. Further, the requirements of assembly occupancies are intended to address much larger occupant loads.
Building Official's Position
The building official maintains that a coffee shop is designed to accommodate a gathering of persons for social purposes and/or the consumption of food or drink. It is an assembly occupancy by definition.
Appeal Board Decision #1694
It is the determination of the Board that the occupancy of the coffee shop is Group A, Division 2.
George Humphrey, Chair