BCAB #1941 – Required Exterior Guards

November 21, 2024

Re: Restrictions on Window Openings and Requirements for Egress Windows

Project Description

The project is the construction of a new single-family residence on a sloping site.  An outdoor swimming pool, ranging in depth from 1 070 mm to 1 720 mm, will be located in the rear yard and the pool will be equipped with a retractable pool cover.

The outboard edge of the pool will contain a 200 mm wide “infinity edge”; the top surface of which slopes at 6.25% towards the pool.  Walls and guards generally restrict access to the edge such that the only access to the edge is from within the pool.  Outboard of the “infinity edge” is a narrow trough to collect the water that spills over the edge, and the outboard wall of the trough is equipped with a guard.  Outboard of the trough and guard is a cliff.

The configuration is generally as illustrated below:

Applicable Code requirements (BCBC 2018)

Sentence 9.8.8.1.(1), Division B, Required Guards

(1) Except as provided in Sentence (2), every surface to which access is provided, including but not limited to flights of steps and ramps, exterior landings, porches, balconies, mezzanines, galleries and raised walkways, shall be protected by a guard on each side that is not protected by a wall for the length where

(a) there is a difference in elevation of more than 600 mm between the walking surface and the adjacent surface, or

(b) the adjacent surface within 1.2 m of the walking surface has a slope of more than 1 in 2.

Sentence 9.8.8.3.(1), Division B, Height of Guards

(See Note A-9.8.8.3.)

(1) Except as provided in Sentences (2) to (4), all guards shall be not less than 1 070 mm high.

(3) Exterior guards serving not more than one dwelling unit or a house with a secondary suite including their common spaces shall be not less than 900 mm high where the walking surface served by the guard is not more than 1 800 mm above the finished ground level.

Decision being appealed (Local Authority’s position)

Infinity Edge - The “infinity edge” of the pool is considered a walking surface that is accessible from inside the pool because pool occupants can swim or float up to the pool edge.  The “infinity edge” may also be accessible from outside the pool by stepping around the installed barrier.

Pool Cover - Walkable covers are now often installed creating a walkable deck surface, and the surface would provide access to the fall hazard.  The pool cover that is proposed is capable of supporting a person that could walk to the location of the fall hazard.

To protect persons on the “infinity edge” or on the pool cover from the drop below, a guard complying with Sentence 9.8.8.3.(1), Division B, is required.  As an alternative, a redesign, such that the exception in Clause 9.8.8.1.(1)(b), Division B, applies, is required.

Appellant's position

Infinity Edge - The “infinity edge” is not designed to be a walking surface.  The only access to the infinity edge would be via the pool itself (i.e., swimming up to the inside edge).  Walls or guards prevent access elsewhere.

The “infinity edge” slopes to the interior of the pool, preventing anyone from floating up and falling out and over the exterior edge.  The infinity wall is not a readily climbable surface and itself acts as a required guard with a height of 1 070mm at the shallow end of the pool.

A guard is provided along the exterior edge of the spill trough for any service work that takes place in the trough.

Pool Cover - The pool cover acts as a horizontal safety barrier/cover safeguarding children and pets.  The proposed “Hydramatic” cover exceeds ASTM F1346-91 “Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs”.  The cover deflects under load and is not designed to be a “walking surface”.

Neither the “infinity edge” nor the pool cover are “walking surfaces” and do not need protection by a guard.  A "walking surface" refers to any surface that is designed to support pedestrian traffic safely.  This typically includes surfaces such as walkways, decks, patios, or balconies.

Appeal Board Decision #1941

The Board reverses the decision of the local authority.

Provided that a barrier effectively prevents access from the pool deck to the infinity edge (so that the infinity edge is not a continuation of a walking surface), it is the determination of the Board that the infinity edge is not considered to be a walking surface and does not require protection by a guard.

It is the further determination of the Board that the pool cover is not considered to be a walking surface and therefore does not require protection by a guard.

Reason for decision

The requirements for guards are intended to limit falls from walking surfaces.

The infinity edge is not intended to be a walking surface.

The weight bearing capability of the pool cover is intended to prevent falls into the pool.  The pool cover is not intended to be a walking surface.

Don Pedde
Chair, Building Code Appeal Board