BCAB 1992 - Applicability of the Building Code to a carport

Applicability of the Building Code to a carport

Project Description

The project is the construction of a new carport, now partially complete, that is 8.8 m² in building area.

The carport is constructed of dimensional lumber, plywood roof sheathing, and corrugated roofing panels.

Applicable Code requirements (BCBC 2024)

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

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

(a) the design and construction of a new building, . . .

Clause 1.1.1.1.(2)(e), Division A, Application of this Code

(2) This Code does not apply to the following:

(e) accessory buildings less than 10 m² in building area that do not create a hazard, . . .

Decision being appealed (Local Authority’s position)

“Hazard”, a non-Code-defined term, can commonly be defined as “a potential source of harm”.  Further, “circumstances can constitute hazards when their nature would potentially allow them to cause damage to health, life, property, or any other interest of value.”  (Wikipedia)

The carport structure creates a hazard because:

• the four 4 x 4 posts are not anchored against uplift and are not supported on footings,
• a single 2 x 6 lintel, spanning ~3.3 m, supports the roof rafters and the structure’s roof will be subjected to a snow load,
• the integral use of the structure involves moving a vehicle in and out, over time and in all weather conditions, and damage from a vehicle to a single support post could result in structural failure.

The Code applies to the design and construction of the carport.

Appellant's position

The Code does not apply to the carport.

The carport is custom-built to fit the owner’s small car and is only 50 mm narrower than public-use parking spaces in the local municipality.  The structure will be improved when the stop work order is lifted and construction is allowed to resume.

Code requirements are intended to prevent structures from being constructed in a manner that causes them to be hazardous per se, not because there is some potential for an unrelated event to damage them and for that damage to cause injury.  If a car should collide with the carport, it is the driver that created the hazard, not the carport.  The improper use of all structures can be hazardous; that does not normally mean that the structure created the hazard.

Appeal Board Decision #1992

The Board reverses the decision of the local authority.

It is the determination of the Board that the Code does not apply to the carport.

Reason for decision

The Board considers that the carport does not create a hazard.

Don Pedde
Chair, Building Code Appeal Board 

Dated:  January 22, 2026