February 18, 2016
BCAB #1779
Re: Building Code Application to a Change of Occupancy in an Existing Building, Sentence 1.1.1.2.(1) of Division A
Project Description
The subject is an existing building that was constructed in 2011 as an “Agricultural Building/Barn” under Part 9 of the BC Building Code. The accompanying permit plans approved by the local authority were noted as “Not to be used for habitation – Farm use only.”
The building is a timber frame structure with three storeys. Contrary to the original described use of the building, the first storey of the building has been used as an assembly hall primarily for weddings, and the second and third storeys for (short term) residential use . There have been some further unsanctioned construction/modifications to the building to accommodate these uses.
After enforcement action by the local authority there is agreement between the building official and the owner that there is a change of occupancy from the initial “agricultural building” to an assembly (A2) and residential (C) type occupancy.
Reason for Appeal
The local authority is requiring a detailed analysis by a registered professional to identify the building’s deficiencies with respect to Part 3 of the Building Code for the assembly and residential uses. It is also being requested that proposals be made to correct the identified deficiencies, either by using acceptable or alternative solutions of the Code.
An initial code analysis previously submitted was considered inadequate and not acceptable by the local authority.
There is a disagreement between the parties as to the extent to which the requirements of the BC Building Code are applicable to the building.
Appellant's Position
The appellant considers the subject to be an existing building and that the upgrading proposed for the change of occupancy should be based on Sentence 1.1.1.2.(1) of Division A. This Sentence indicates where there is a change of occupancy in an existing building the level of life safety and building performance shall not be decreased below a level that already exists. The appellant notes that the appendix [A-1.1.1.2.(1)] identifies that when applying the code to an existing building, certain requirements may be relaxed. Although there is additional upgrading being proposed due to the change of occupancy, the appellant considers the requirement of the Building Code in terms of the application of Part 3 to existing buildings has been met; as the level of safety and building performance is not being decreased below the level that already exists.
Local Authority’s Position
The building official maintains that the proposed upgrading to the building to accommodate the change of occupancy does not comply with several of the code’s requirements, including but not limited to the type of construction, fire resistance rating of assemblies, fire alarm systems, sprinklers, water for fire-fighting, fire department access, release hardware on exit doors, and accessibility for persons with disabilities The building official is requiring that all compliance issues be addressed, as the current proposed scope of work does not meet the Code’s requirements and does not constitute an acceptable level of life safety and building performance.
Appeal Board Decision #1779
It is the determination of the Board to confirm the decision of the building official which:
Reason for Decision
Lyle Kuhnert, Chair, Building Code Appeal Board