BCAB #1943 – Determination of Major Occupancies in an Existing Building

November 21, 2024

Re: Determination of Major Occupancies in an Existing Building

Project Description

An existing building, constructed in 1980, is 470 m² in building area and two storeys in building height.  The first storey contains multiple commercial suites and the second storey contains dwelling units.  The building has a history of mixed occupancy; Group A, Division 2, Group D, and Group E at the first storey and Group C at the second storey.  In 2019, the last tenant classified as Group E moved out and since then the first storey has been occupied by the Group A, Division 2 and Group D occupancies.

A current application has been made to undertake a tenant improvement and to occupy one of the first storey suites as a Group E occupancy.

Applicable Code requirements (BCBC 2024)

Sentence 1.4.1.2.(1), Division A, Defined Terms

Major occupancy means the principal occupancy for which a building or part thereof is used or intended to be used, and shall be deemed to include the subsidiary occupancies that are an integral part of the principal occupancy . . .

Decision being appealed (Local Authority’s position)

The major occupancies of a building include only those for which it is currently being used; in this case, Group A, Division 2, Group C, and Group D.  The inclusion of another major occupancy – Group E in this case – constitutes a change in major occupancy.

Appellant's position

The major occupancy of a building, by definition, includes the occupancies for which it is being used and those for which it is intended to be used.  An existing building’s permitted major occupancies can be established by its history.

The occupancy of individual suites changes as tenants move in and out of the building, but the major occupancies are the occupancies for which the building is used or intended to be used.  In this case, the building’s major occupancies – its intended use – includes Group E.  Inclusion of a Group E occupancy does not constitute a change in major occupancy; the use or intended use of the building remains the same.

Appeal Board Decision #1943

The Board reverses the decision of the local authority. 

It is the determination of the Board that the re-introduction of a Group E major occupancy is not a change in major occupancy for the building.

Reason for decision

The Group E major occupancy which was, at some point, considered in the design and construction of the building and accommodated by applying the applicable requirements, is not removed from the list of intended uses when, for a time, the Group E major occupancy is not present in the building.  A change in occupancy in all, or in a portion of, the building to introduce or remove an occupancy that was included in the list of intended major occupancies, even one that is not currently present, does not constitute a change in major occupancy.

The Board notes that the decision is specific to the circumstances in this case.

Don Pedde
Chair, Building Code Appeal Board