BCAB #1810

May 17, 2018

Re: Determining First Storey

Project Description

The project is a multi-use building on a sloping site. There are four floor levels throughout the street accessible storey varying from 33.85 m stepping down to 31.24m. Grade has been determined as 31.24 m.

Applicable Code Requirement

Definitions of grade and first storey per Article 1.4.1.2. of Division A of the 2012 British Columbia Building Code

Grade means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions need not be considered in the determination of average levels of finished ground. (See First storey and Appendix A.)

First storey means the uppermost storey having its floor level not more than 2 m above grade.

Decision being Appealed (Local Authority’s Position)

The local authority has determined that the subject building is 5 storeys in building height.

Appellant's Position

The appellant has determined first storey by measuring the lowest level of the street accessible storey above the 31.24 m grade. Because this storey has only 3 storeys above it, it is considered the first storey of 4.

Appeal Board Decision # 1810

It is the determination of the Board that the subject building is 5 storeys in building height.

Reason for Decision

Based on grade being 31.24 m the highest finished floor level of the street accessible storey is 33.85 m, which is more than 2 m above grade. This results in this floor level being the second storey with 3 storeys above it. The Board recognizes that much of the first storey may be below ground.

Lyle Kuhnert

Chair, Building Code Appeal Board