BCAB 1979 - Access requirements in a public nature-viewing building

Access requirements in a public nature-viewing building

Project Description

The project is the design and construction of a new, covered, open air, public nature-viewing building, approximately 87 m² in building area.  The accessible main floor level contains a viewing space and a display space.  A mezzanine level, located above the main floor and containing a viewing space approximately 18 m² in area, is accessed by an internal, open stair.

Applicable Code requirements (BCBC 2024)

Article 3.8.2.3., Division B, Areas Requiring Access (excerpt)

(See Note A-3.8.2.3.)

(1) Except as permitted by Sentence (2), an accessible path of travel from the entrances required by Sentence 3.8.2.2.(1) to be accessible shall be provided throughout all entrance stories (sic) and within all other normally occupied areas of the building.  (See Article 3.3.1.7. for additional requirements regarding floor areas which an accessible path of travel is required.)

(2) Access is not required

(g) to the floor level above or below the entrance level in suites with more than one level, provided the floor level above or below (see Note A-3.8.2.3.(2)(g)),

(i) is not served by a ramp, a passenger elevator, a platform-equipped passenger-elevating device, an escalator or an inclined moving walk,

(ii) is less than 600 m² or more in floor area,

(iii) contains only facilities that are also contained on the entrance level, and

(iv) does not contains an assembly occupancy more than 100 m² in floor area,

A-3.8.2.3.(2)(g), Division B, Access to Facilities on a Floor Level other than the Entrance Level.

Subclauses 3.8.2.3.(2)(g)(ii) to 3.8.2.3.(2)(g)(iv) are intended to exempt certain storeys other than the entrance level-including basements and mezzanines that are less than 600 m² in floor area or 100 m² or less in floor area in assembly occupancies, that are self-contained and that contain the same facilities as the entrance level- from the requirement to have an accessible path of travel.  Examples of buildings and spaces to which this exemption may apply are small office buildings with additional workspaces on the second storey and small restaurants with a second storey that contains only additional seating.  However, if a restaurant’s only washrooms are in the basement, they must have an accessible path of travel as they are an integral part of the principal function of the first storey.  Similarly, staff lunchrooms and washrooms are also integral to the principal function of a restaurant; as such, if they are located in a floor area such as a second storey, basement or mezzanine that contains the only facilities, they must have an accessible path of travel for potential employees with disabilities.

Mezzanines that are not considered as stories (sic) for the purpose of determining building height are considered as stories (sic) for the purpose of applying Clause 3.8.2.3.(2)(g).

Decision being appealed (Local Authority’s position)

Access is required to all floor areas of the building.

The mezzanine contains a nature-viewing facility that is different than the facility on the entrance level; the view will be much better.  The exemption provided in Clause 3.8.2.3.(2)(g), Division B, does not apply and all persons should have access to the better viewing experience.

Appellant's position

Access is not required at the mezzanine level because it aligns with all the Subclauses in Clause 3.8.2.3.(2)(g), Division B, including that the mezzanine contain only facilities that are also contained on the entrance level.

The facilities on the accessible entrance level need not provide an exact replication of the mezzanine facilities for the access exemption to apply.  “Facility” refers to the broad function of the space – in this case public nature-viewing – which is already fully provided on the accessible main level.

Appeal Board Decision #1979

The Board reverses the decision of the local authority.

It is the determination of the Board that an accessible path of travel from the entrance to the mezzanine level is not required.

Reason for decision

The mezzanine level complies with all four conditions contained in the exemption Clause, including that it contain only facilities that are also contained on the entrance level.

The Board interprets that superior viewing experiences, or similar minor and subjective dissimilarities, provide insufficient grounds to determine that the mezzanine facilities are not also contained on the entrance level.

Don Pedde
Chair, Building Code Appeal Board

Dated:  September 4, 2025