BCAB 1973 - Requirement to retain building features originally required by code

Requirement to retain building features originally required by code

Project Description

The project is the alteration of a single unit located within a multi-unit residential building constructed as a hotel in 1993 under the BCBC 1992.  The units, including the subject unit, are each under separate (strata) title and are now used by owners and for tourist accommodation.

Building permit plans from the original construction indicate that the subject unit is “A-HC”, notes on the plans indicate that the unit is “for the disabled”, and supplementary details show accessible design features and include the note: “Disabled Units – All details to be in accordance with BCBC 3.7.3.14.”.

The alteration, done under a plumbing permit, included replacing a sink and faucet in the kitchen and replacing the bathtub and bath/shower fixtures.  At final inspection it was noted that an aspect of the unit no longer conforms to the earlier accessible design; no open space for a wheelchair is provided under the bathroom sink.

Applicable Code requirements (BCBC 1992)

Sentence 3.6.4.8.(5), Accessible Washrooms

(5) At least one wash basin shall

(a) be located

(i) 815 mm ±25 mm above the finished floor,

(ii) to have a vertical clearance of not less than 715 mm under the apron,

(iii) to have a clear area under the wash basin not less than 660 mm high to a point 250 mm back from the front face of the apron, and

(iv) to have a further clear space 250 mm high to a point 500 mm back from the front face of the apron . . .

Clause 3.7.2.31.(1)(c), Hotels and Motor Hotels

(1) In hotels and motor hotels, access shall be provided to

(c) one sleeping unit conforming to Article 3.7.3.14. for every 40 sleeping units or part thereof.

Subclause 3.7.3.14.(1)(h)(iv), Sleeping Units (excerpt)

(1) Where accessible sleeping units are required by Subsection 3.7.2., they shall have

(h) a bathroom, where provided as part of a sleeping unit, conforming to

(iv) Sentences 3.6.4.8.(5), (7), (8) and (10) only to the extent of providing the same type of facilities provided in sleeping units for non-disabled persons, and . . .

Applicable Code requirements (BCBC 2018)

Clause 1.1.1.1.(1)(d), Division A, Application of this Code

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

(d) an alteration of any building . . .

Sentence 1.1.1.2.(1), Division A, Application to Existing Buildings

(1) Where a building is altered, rehabilitated, renovated or repaired, or there is a change in occupancy, the level of life safety and building performance shall not be decreased below a level that already exists. (See Note A-1.1.1.2.(1).)

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

Alteration means a change or extension to any matter or thing or to any occupancy regulated by this Code.

Decision being appealed (Local Authority’s position)

The project is the renovation of an existing residential unit in a nightly-rental Group C building.  The unit was originally designed and constructed as an accessible unit in a hotel under the BCBC 1992.  The unit is required to remain as an accessible unit.  Space is needed under the bathroom sink for use by a person in a wheelchair.

Appellant's position

The layout of the unit is unchanged; doors are still wide and the floor plan is as originally built.  The plumbing rough-ins are unchanged.  There are grab bars, a tilted mirror, and the toilet and bath tub are in compliance.

The “A-HC” designation on the plans means Adaptable Handicap.  The owners use the unit often and will rent it from time to time.  The owners are able bodied.  The unit is still its original configuration.  It is reasonable that should a new owner purchase the unit, they could adapt the bathroom sink to be accessible.

Appeal Board Decision #1973

The Board varies the decision of the local authority.

It is the determination of the Board that the unit was designed and constructed as an accessible sleeping room in a hotel and the Code-required accessible features must remain.

If the current scope of work was expanded to include alteration of the bathroom vanity, then wheelchair clearance under the vanity, as was and is stipulated in the Code, would be required.  To remove an existing wheelchair space under the vanity would reduce the level of building performance (i.e., accessibility) below the level that already existed.

Reason for decision

Original building features that were included as matters or things of Code-compliance in the design and construction of any building (e.g., exits, fire separations, accessibility features, etc.) must remain in place unless subsequently modified in a Code-compliant fashion.

The Board interprets the “A” in the “A-HC” designation on the plans is not a reference to an “adaptable” unit.  Rather, the “A” is interpreted to mean a unit of the “A” type, consistent with the many other “A” type units in the floor area.  “HC” means a unit which includes accessible design features, which were then commonly referred to as “Handicap” units or “Disabled” units.

Don Pedde
Chair, Building Code Appeal Board

Dated:  July 3, 2025