BCAB 1990 - Clear height over landing, step from landing to floor

Clear height over landing, step from landing to floor

Project Description

The project is the construction of a two-storey single-family dwelling.  An interior stair connects the two floor levels.  At the top of the stair, a landing connects the stair to the adjacent second storey floor area.  Passage between the landing and the floor area is through a door opening fitted, on the floor area side, with a sliding “barn” door.

At one edge of the landing, each of two sloping timber rafters encroach into the required 1 950 mm headroom above the landing by between 0 and 20 mm for a distance of 140 mm measured along the slope.

Applicable Code requirements (BCBC 2024)

Sentence 9.8.3.2.(1), Minimum Number of Risers

(1) Except for stairs within a dwelling unit, at least 3 risers shall be provided in interior flights.

Sentence 9.8.4.1.(1), Division B, Dimensions for Risers

(1) Except for stairs serving areas only used as service rooms or service spaces, the rise, which is measured as the vertical nosing-to-nosing distance, shall comply with Table 9.8.4.1.

Sentence 9.8.6.2.(1 and 2), Division B, Required Landings

(1) Except as provided in Sentences (2) to (4) and Sentence 9.9.6.6.(2), a landing shall be provided

(a) at the top and bottom of each flight of interior and exterior stairs, including stairs

in garages,

(b) at the top and bottom of every ramp with a slope greater than 1 in 50,

(c) where a doorway opens onto a stair or ramp,

(d) where a ramp opens onto a stair, and

(e) where a stair opens onto a ramp.

(2) Where a door at the top of a stair within a dwelling unit swings away from the stair, no landing is required between the doorway and the stair. (See Note A-9.8.6.2.(2).)

A-9.8.6.2.(2), Division B, Exemption from Required Landing at Top of Stairs.

A door that swings away from a stair exposes sufficient floor space to act as a landing for users before descending the stairs.

Sentence 9.8.6.4.(2), Division B, Height over Landings

(2) The clear height over landings serving a single dwelling unit or a house with a secondary suite including their common spaces shall be not less than 1 950 mm.

Decision being appealed (Local Authority’s position)

The Code requires a clear height of 1 950 mm over the landing.  With the encroachment by the timber rafters, the installation does not meet the requirement.

One proposed solution is to lower the landing by approximately 50 mm.  While the drop between the floor area and the landing would not be considered to be a stair, the drop would create an unacceptable hazard.  A landing must be at the same level as the floor it serves.

Appellant's position

The headroom encroachment is minor and will not cause any safety issues.  A variance is requested so the timber rafter(s) need not be cut.

In the alternative, dropping the landing by approximately 50 mm will not cause any safety issues as occupants of the dwelling will be familiar with their surroundings and aware of any potential hazard.  The Code is silent on a drop from a floor level to a landing unless the drop is deemed to be a stair.

Appeal Board Decision #1990

The Board confirms the decision of the local authority.

The Board has no authority to alter or waive any Code requirement and so cannot grant the requested variance.  It is the determination of the Board that a landing at the same level as the second storey would not satisfy the Code’s headroom requirement of 1 950 mm.

Reason for decision

The Code requirement related to the clear height over a landing is a prescriptive requirement and the landing does not comply.

Regarding the proposal to drop the landing by approximately 50 mm, the Board interprets that the resulting 50 mm step would be, in Code terms, a one-riser stair flight.  The riser would need to comply with Table 9.8.4.1. by having a minimum rise of 125 mm and a maximum rise of 200 mm.

The top of the one-riser stair would require a landing unless the door into the second storey floor area swings away from the stair.

Don Pedde
Chair, Building Code Appeal Board 

Dated:  December 18, 2025