BCAB #1756 - Applicable Edition of the BC Building Code, BC Reg. 264/2012 (2012 BCBC)

November 20, 2014

BCAB #1756

Re: Applicable Edition of the BC Building Code, BC Reg. 264/2012 (2012 BCBC)

Project Description

The project involves an addition and renovations to an existing single detached dwelling unit.

Reason for Appeal

Between the date the permit was applied for and the date it was issued the 2006 BC Building Code was replaced by the 2012 BC Building Code.

Appellant's Position

The appellant contends that although the building permit was issued on September 10, 2014, the permit application was made on October 04, 2010, and the work should be governed by the 2006 BC Building Code in accordance with Section 3(2) of BC Reg. 264/2012 which states:

B.C. Reg. 216/2006, the British Columbia Building Code Regulation, applies only to the construction or alteration of a building for which

(a) a building permit is applied for before the effective date of this order

(b) the building permit applied for is issued and work commences and continues to completion without interruption, other than work stoppages considered reasonable in the building industry, and

(c) all work is carried out in accordance with B.C. Reg. 216/2006.

Building Official's Position

The building official explains that this building permit application resulted from a stop work order posted in August of 2010. Due to a number of zoning and building bylaw issues the permit was not issued until some 1½ years after the 2012 BC Building Code became effective. The applicant was informed that the work would need to conform with the 2012 BCBC before the permit was issued. The building official maintains that the 2012 BCBC had been effective for too long to allow the work to be regulated by the 2006 BCBC.

Appeal Board Decision #1756

The building permit application was made prior to the effective date of BC Reg. 264/2012 and remained active until issued. Therefore, it is the determination of the Board that in accordance with the wording of BC Reg. 264/2012 the 2006 BC Building Code applies to the work covered by the building permit.

Lyle Kuhnert, Chair