BCAB #1885

April 28, 2022

Re: Application of Building Code for Fabric Cover Yurts

Project description

The subjects are three 30 ft [9.5 m] diameter yurts, being a fabric/vinyl covering over a wood framework structure. The yurts are to be constructed on platforms in order to be easily removed and to limit the impact on the future use of the land presently designated as Agricultural Land Reserve.

The yurts will be used as tourist accommodations on a regular basis year round.

Applicable Code requirements: (BCBC 2018)

1.1.1.1. Application of this Code

1) This Code applies to any one or more of the following:

a) the design and construction of a new building,

2) This Code does not apply to the following:

f) with the permission of the authority having jurisdiction, temporary buildings including

i) construction site offices,

ii) seasonal storage buildings,

iii) special events facilities,

iv) emergency facilities, and

v) similar structures,

1.4.1.2. Defined Terms

1) The words and terms in italics in this Code shall have the following meanings:

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Decision being appealed (local authority’s position)

The local authority has determined, in this circumstance, the yurts are buildings as defined by the BC Building Code and subject to the applicable Code provisions.  

Appellant's position

The appellant maintains the subject yurts should be considered temporary structures and be exempt from Building Code provisions.

Appeal Board decision #1885

It is the determination of the Board that the appropriate provisions of the Building Code apply to the subject yurts. 

Reason for decision

The Board considers the yurts to meet the Code’s definition of building. The Board does not consider the intended regular year round use for tourist accommodation to meet the exemption permitted for a temporary building as described in Clause 1.1.1.1.(2)(f).

The Board acknowledges the Building Code does not have prescribed requirements for yurts, and therefore alternative solutions may have to be applied to satisfy the objectives and functional statements contained in the Building Code.     

Lyle Kuhnert

Chair, Building Code Appeal Board