BCAB #1939 – Accessibility Requirement for Exterior Entrance to Live-Work Unit

October 15, 2024

Re: Accessibility Requirement for Exterior Entrance to Live-Work Unit

Project Description

The project is the design and construction of five new midrise buildings over a single below-grade storage garage.  The site is bounded by municipal streets on all sides.

Each building has an accessible principal entry lobby close to the street, intended for use by residents and visitors.  Each lobby connects to internal public corridors providing accessible paths of travel to each first storey suite.

The first storey of each building will include several live-work units.  The live-work units are designed to comply both with residential provisions as well as business and personal service provisions.  Each live-work unit has an internal suite entrance door, accessible via the entry lobby and public corridor.  Each live-work unit also has an exterior door to a private patio.  Each private patio has a gate, and stairs leading down to a sidewalk fronting the street.

Applicable Code requirements (BCBC 2024)

Sentence 3.8.2.2.(1), Division B, Entrances

(See Note A-3.8.2.2.)

(1) Except for service entrances and entrances to suites described in Clause 3.8.2.3.(2)(l), all pedestrian entrances to an accessible storey of a building referred to in Sentence 3.8.2.1.(1) shall be accessible and shall connect to an accessible exterior path of travel complying with Sentence 3.8.2.5.(1).

A-3.8.2.2. Entrances.

An accessible route should exist from the sidewalk or roadway and parking area to an accessible building entrance.  This route should be located so that people do not have to pass through dedicated smoking areas or behind parked cars.  Accessible routes should coordinate with the routes to other buildings and to public transportation stops.

Article 3.8.2.2. applies to all entrances, including public and employee entrances, that provide access to an accessible storey.  Doors that open onto exterior facilities that are only accessible from inside the building (e.g., hotel pools) are not considered entrances in the context of Article 3.8.2.2.

If an intercom system is provided, the system shall comply with the requirements for controls and should be useable by persons who communicate using visual language such as a video system.

Decision being appealed (Local Authority’s position)

All pedestrian entrances to an accessible storey of a building must be accessible and connect to an accessible exterior path of travel.  Other than service entrances, entrances to suites described in Clause 3.8.2.3.(2)(l), Division B, are the only exception to this requirement.  The non-residential portion of each live-work unit is not covered by this exception and is not typically exempt from accessibility requirements so must be designed accordingly.  Therefore, the exterior entrances to each live-work unit, all of which are located on an accessible storey, must be accessible and connect to an accessible exterior path of travel.

Live-work units will be accessed by the public and therefore should be accessible from the exterior entrance rather than the private residential corridor.

Appellant's position

Live-work unit residents and visitors are expected to use the accessible principal entry lobby and public corridor to gain access to individual live-work units.

Sentence 3.8.2.2.(1), Division B, applies to all pedestrian entrances to an accessible storey.  Pedestrian entrance is not a defined term in the Code and is generally understood to apply to the common principal entrance to a building, or to the entrance of a retail establishment or a restaurant.  In this case, the patio doors are simply provided for residents to use their patio; they are not considered to be pedestrian entrances.  Gate access from each patio to the sidewalk is for convenience only.

The exterior doors between each live-work unit and patio are not required to be accessible and an accessible exterior path of travel to each door is not required.

Appeal Board Decision #1939

The Board confirms the decision of the local authority.

It is the determination of the Board that every pedestrian entrance to a Group D occupancy must be accessible and must connect to an accessible exterior path of travel.

Reason for decision

The appellant has indicated that the live-work units are designed to comply with both residential (Group C) as well as business and personal services (Group D) provisions.

Recent Code developments include conceptual changes regarding the degree to which accessibility is required.  As part of those changes, pedestrian entrances to most occupancy types are required to be accessible.  While the primary entrance to each live-work unit will be through the building entrance lobbies in this case, the patio entrances can be functionally available to the general public, so must be designed as accessible entrances that connect to an accessible exterior path of travel.

Don Pedde
Chair, Building Code Appeal Board