BCAB 1964 - Accessibility requirements for a fruit processing, retail, and storage building on a farm

Accessibility requirements for a fruit processing, retail, and storage building on a farm

Project Description

The project is the design and construction of a new building, approximately 40 m² in building area.  The building will be used to store, sort, weigh, and sell fruit in season, and to store supplies and equipment for the rest of the year.

The building will be located on land that is located within the Agricultural Land Reserve and is zoned for agricultural uses.  The land is adjacent to a highway that does not contain a public or municipal water main.  It is proposed that the building will not have a plumbing system.  Portable toilets and hand-wash stations will be provided in season for “u-pick” customers.  Farm employees will have access to a washroom in another building on the property.

Applicable Code requirements (BCBC 2024)

Sentence 1.1.1.1.(4), Division A, Application of this Code

4) Farm buildings shall conform to the requirements in the National Farm Building Code of Canada 1995.

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

Farm building means a building or part thereof that does not contain a residential occupancy and that is associated with and located on land devoted to the practice of farming, and used essentially for the housing of equipment or livestock, or production, storage or processing of agricultural and horticultural produce or feeds. (See Note A-1.4.1.2.(1).)

Note A-1.4.1.2.(1) Defined Terms

Farm Building (excerpt)

Farm buildings as defined in Article 1.4.1.2. include, but are not limited to, produce storage and packing facilities, livestock and poultry housing, milking centres, manure storage facilities, grain bins, silos, feed preparation centres, farm workshops, greenhouses, farm retail centres, and horse riding, exercise and training facilities. Farm buildings may be classified as low or high human occupancy, depending on the occupant load . . .

Applicable Code requirements (National Farm Building Code of Canada1995)

Sentence 1.1.1.3., Conformance to National Building Code

(1) Farm buildings shall conform to the appropriate requirements in the National Building Code of Canada 1995 except as specifically amended or exempted by the provisions of this Code.  (See Appendix A.)

Applicable Code requirements (National Building Code of Canada 1995)

Sentence 9.31.1.1.(2), Application

(2) Plumbing facilities other than those required in dwelling units shall conform to Subsection 3.7.4.  (See also Section 3.8. regarding barrier-free plumbing facilities.)

Article 3.7.4.1., Plumbing and Drainage Systems

(1) A building situated on property that abuts a street in which a public or municipal water main is located shall be provided with or have accessible to its occupants a plumbing system including a potable water supply, a sanitary drainage system and toilet fixtures.

(2) If the installation of a sanitary drainage system is not possible because of the absence of a water supply, sanitary privies, chemical closets or other means for the disposal of human waste shall be provided.

Article 3.8.1.1., Application

(1) The requirements of this Section apply to all buildings except

(a) houses, including semi-detached houses, duplexes, triplexes, town houses, row houses and boarding houses,

(b) buildings of Group F, Division 1 major occupancy, and

(c) buildings which are not intended to be occupied on a daily or full time basis, including automatic telephone exchanges, pumphouses and substations.

Sentence 3.8.2.1.(1), Areas Requiring a Barrier-Free Path of Travel

(See Appendix A)

(1) Except as permitted by Sentence (2), a barrier-free path of travel from the entrances required by Sentences 3.8.1.2.(1) and (2) to be barrier-free shall be provided throughout the entrance storey and within all other normally occupied floor areas served by a passenger elevator or other platform equipped passenger elevating device.  (See Article 3.3.1.7. for additional requirements for floor areas above or below the first storey to which a barrier-free path of travel is required.)

Sentence 3.8.2.3.(1), Washrooms Required to be Barrier-Free

(See Appendix A)

(1) Except as permitted by Sentence (2), a washroom in a storey to which a barrier-free path of travel is required in accordance with Article 3.8.2.1., shall be barrier-free in accordance with the appropriate requirements in Articles 3.8.3.8. to 3.8.3.12.

Sentence 3.8.3.3.(5), Doorways and Doors

(5) Except as permitted by Sentence (6), doors that provide a barrier-free path of travel at an entrance referred to in Article 3.8.1.2. shall be equipped with a power door operator in

a) a hotel,

b) a building of Group B, Division 2 major occupancy, and

c) a building of Group A, D or E major occupancy more than 500 m2 in building area.

(See Appendix A.)

Decision being appealed (Local Authority’s position)

Due to the presence of a house and a farm operation on the property, it is evident that there is a water supply on the property.  By following a string of references within the BC Building Code 2024 (i.e., Sentence 9.31.1.1.(2), Subsection 3.7.2., and Section 3.8., all in Division B) it is determined that floor area of the building must be accessible, including a power door operator at an entrance.  A universal toilet room, with a power door operator and containing a single water closet and lavatory, is required within the building.

Appellant's position

During fruit season the building will be open air (i.e., no opening / closing doors).

Portable toilets and hand wash facilities, along with the washroom facility provided for farm employees, meet the washroom requirements.  The budget does not allow for the provision of a permanent sewer system and the farm does not wish to alter the land.

Appeal Board Decision #1964

The Board varies the decision of the local authority.

It is the determination of the Board that the floor area of the building is required to be barrier-free as described in Section 3.8. of the National Building Code of Canada 1995.  The required barrier-free entrance does not require a power door operator.  A plumbing system is not required and a barrier-free washroom is not required.  A sanitary privy, chemical closet, or other means for the disposal of human waste is required.

Reason for decision

The building meets the definition of a farm building and the BC Building Code 2024 (the “Code”) stipulates that farm buildings must comply with the National Farm Building Code of Canada 1995 (the “NFBC 1995”).

The NFBC 1995 contains no requirements related to the matters that are the subject of this appeal, those being barrier-free (accessible) design, power door operators, plumbing systems, or washrooms.  Therefore, the NFBC 1995 directs that requirements related to those matters are found within the National Building Code of Canada 1995 (the “NBCC 1995”).  (Requirements related to administrative matters, such as those located within Part 2 of Division C in the BC codes, are found in the provincial regulation (i.e., the BC Building Code).)

Within the NBCC 1995, a series of prescriptive requirements were identified that apply to the matters that are the subject of this appeal:

• the building will be occupied “on a daily basis” for a portion of the year, so the floor area is required to be barrier-free as per Sentence 3.8.1.1.(1),
• the building will be a Group E major occupancy but is smaller than 500 m² as referenced in Clause 3.8.3.3.(5)(c), so the power door requirements, located in Sentence 3.8.3.3.(5) and related to the entrance door, do not apply,
• the building will be located on a property abutting streets that do not contain a water main so the building is not required to have a plumbing system, a potable water supply, a sanitary drainage system, or toilets, as per Sentence 3.7.4.1.(1),
• a sanitary privy, chemical closet, or other means for the disposal of human waste is required, as per Sentence 3.7.4.1.(2), and
• the sanitary facilities required are not a “washroom in a storey to which a barrier-free path of travel is required”, so the barrier-free washroom requirements located in Sentence 3.8.2.3.(1) do not apply.

Don Pedde
Chair, Building Code Appeal Board

Dated:  May 1, 2025