BCAB 1995 - Access requirement for raised platform in a church

Access requirement for a raised platform in a church

Project Description

The project is the construction of a new church and administration facility.  The sanctuary (hall) at the main entry level is 140 m² in area and is designed for ninety-seven fixed seats.  Services are conducted from a raised platform which is approximately 25 m² in area and located 300 mm above the main floor level.  The raised platform is accessed by a stair that extends the full length of the front of the platform.

Applicable Code requirements (BCBC 2018)

Sentence 3.8.2.1.(1), Division B, General (excerpt)

(1) Except as provided in Clause 3.8.2.3.(2)(j), the requirements of this Section apply to all buildings and all areas of buildings where work functions can reasonably be expected to be performed by persons with disabilities . . .

Sentences 3.8.2.3.(1 and 2), Division B, Areas Requiring Access

(1) Except as permitted by Sentence (2), access from the accessible entrances required by Sentences 3.8.2.2.(1) and (2) shall be provided throughout the entrance storey or storeys and within all other normally occupied floor areas as required by Sentence 3.8.2.1.(1).

(2) Except as required by Sentence (3), access is not required

(a) to service rooms,

(b) to elevator machine rooms,

(c) to janitor’s rooms,

(d) to service spaces,

(e) to crawl spaces,

(f) to attic or roof spaces,

(g) reserved,

(h) reserved,

(i) within portions of a floor area with fixed seats in an assembly occupancy where those portions are not part of the accessible path of travel to spaces designated for wheelchair use,

(j) within floor levels of a suite of residential occupancy that are not at the same level as the entry level to the suite,

(k) reserved, or

(l) within those parts of a floor area that are not at the same level as the entry level, provided facilities and uses provided on any raised or sunken level are also accessible on the entry level.

Note A-3.8.2.3., Division B, Access to Rooms and Facilities. (excerpt)

If access is required into suites or rooms in Subsection 3.8.2., it is intended that access be provided, with some exceptions identified in Sentence 3.8.2.3.(2), throughout each room or suite including access to all facilities and areas . . .

Decision being appealed (Local Authority’s position)

The building, including all areas where work functions can reasonably be expected to be performed by persons with disabilities, is required to be accessible.  The raised platform is required to be accessible.

The stage is the focal point of the sanctuary and is integral to the room’s intended function, serving as the location from which speakers, choirs, and musicians address the congregation.  Section 3.8. is intended to promote inclusive use and prevent segregation by ensuring equal access for all individuals, regardless of ability.  The absence of an accessible route to the stage excludes persons with disabilities from participating in the essential functions of the occupancy.  Providing alternative participation areas at the main floor level does not constitute equivalent access to the same occupiable space and creates a separate and unequal condition.  This is inconsistent with the intent of Section 3.8.

Appellant's position

The raised platform area does not require access because it provides the same public assembly facility as the rest of the sanctuary.

Appeal Board Decision #1995

The Board confirms the decision of the local authority.

It is the determination of the Board that the raised platform is required to be accessible.

Reason for decision

With some limited and listed exceptions, access is required throughout the main entry level.

The Board interprets that the exception provided by Clause 3.8.2.3.(2)(l) does not apply to the area of the raised platform.  This is because services are conducted from the raised platform and so the platform is considered to be a different facility and use than that which is provided on the accessible main floor.

The Board also notes that the Code requires access to areas where work functions can reasonably be performed by persons with disabilities.  The Board considers the platform to be a work area within the context of the access requirements of the Code and it is entirely reasonable for persons with disabilities to work there.  This is consistent with the decision in BCAB 1441.

Don Pedde
Chair, Building Code Appeal Board 

Dated:  February 19, 2026