BCAB #1869

August 19, 2021

Re: Applicable Code Requirements for Spatial Separation, Subsections 9.10.14., 9.10.15

Project description

The project is an existing single dwelling house with a detached garage serving the house.  An additional detached single dwelling house (garden suite/cottage) is proposed to be built on the same property adjacent the detached garage. The detached garage will serve only the existing house.

Applicable Code requirements

Sentences 9.10.14.1.(1) and 9.10.15.1.(1) of Division B of the British Columbia Building Code 2018.

9.10.14.1.(1) This Subsection applies to buildings other than those to which Subsection 9.10.15. applies.

9.10.15.1.(1) This Subsection applies to

a) buildings that contain only dwelling units and have no dwelling unit above another dwelling unit,

b) houses with a secondary suite including their common spaces, and

c) accessory buildings that serve a building described in Clauses (a) or (b).

            (See Note A-9.10.15.1.(1).)

Decision being appealed (local authority’s position)

The local authority has determined that Subsection 9.10.14. applies to the spatial separation of the additional detached single dwelling house in relation to the existing detached garage.

Appellant's position

The appellant maintains that Subsection 9.10.15. applies to the spatial separation of the additional detached single dwelling house in relation to the existing detached garage.

Appeal Board decision #1869

It is the determination of the Board that Subsection 9.10.15. applies to the spatial separation of the additional detached single dwelling house in relation to the existing detached garage.

Reason for decision

The existing detached garage and the new detached single dwelling house (garden suite/cottage) fall within the scope of application identified in Sentence 9.10.15.1.(1).

The Board notes that the exceptions identified in Sentences 9.10.15.5.(4) apply only to the accessory building and the dwelling unit which it serves, however the general requirements in Sentences 9.10.15.5.(2) or (3), depending on limiting distance, would be applicable to the spatial separation between the additional detached single dwelling house and the existing detached garage.

Lyle Kuhnert

Chair, Building Code Appeal Board