BCAB 1996 - Requirement for a mezzanine to be a visually open area

Requirement for a mezzanine to be a visually open area

Project Description

The project is the construction of a new high building of 66 storeys and containing Group A-2, C, E, and F-3 major occupancies.  The building will be of noncombustible construction, sprinklered, and equipped with a fire alarm system.

A gym on Level 32 will include a mezzanine located on Level 33.  The gym mezzanine will overlook the gym on Level 32 below and it is desired to install full-height glazing along the overlook edge of the mezzanine.

Occupants leaving the gym mezzanine have two egress options.  Doors from the mezzanine lead to the public corridor on Level 33, served by two separate exits.  Alternately, an open stair from the mezzanine allows for travel down to and through the gym on Level 32, to the public corridor on Level 32.

Applicable Code requirements (BCBC 2018)

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

Partition means an interior wall 1 storey or part-storey in height that is not loadbearing.

Sentence 3.2.1.1.(3), Division B, Exceptions in Determining Building Height

(3) Except as required by Sentence (5), the space above a mezzanine need not be considered as a storey in calculating the building height, provided

(a) not less than 60% of the horizontal plane separating the mezzanine from the room or floor space in which it is located is open, and

(b) except as permitted in Sentences (7) and 3.3.2.13.(3), the space above the mezzanine is used as a visually open area without partitions or subdividing walls higher than 1 070 mm above the mezzanine floor.

(See Note A-3.2.1.1.(3).)

Sentence 3.2.8.2.(1), Division B, Exceptions to Special Protection

(1) A mezzanine need not terminate at a vertical fire separation nor be protected in conformance with the requirements of Articles 3.2.8.3. to 3.2.8.8. provided the mezzanine

(a) serves a Group A, Division 1 major occupancy,

(b) serves a Group A, Division 3 major occupancy in a building not more than 2 storeys in building height, or

(c) serves a Group A, C, D, E or F major occupancy and

(i) is 500 m² or less in area, and

(ii) conforms to Sentence 3.2.1.1.(3) or (4).

Decision being appealed (Local Authority’s position)

The proposed full-height glazing (whether visually open or not) meets the Code’s definition of partition and, in this context, meets a dictionary’s definition of wall.  Therefore, the design does not comply with the requirement that the mezzanine be without partitions or subdividing walls higher than 1 070 mm above the mezzanine floor.

Appellant's position

The Code requires that the mezzanine be a visually open area and the proposed full-height glazing meets the visually open requirement.

The Code clarifies that partitions and subdividing walls higher than 1 070 mm above the mezzanine floor must not obstruct that visual openness.  There is no reference to full-height glazing obstructing visual openness.

The Intent Statement for Sentence 3.2.1.1.(3), Division B, indicates that the intent is “to exclude mezzanines from the calculation of building height if certain conditions are met that limit the size of the mezzanines and their degree of visual obstruction, on the basis that this configuration does not pose an undue fire safety risk to persons”.  The Intent Statement re-emphasizes that visual obstruction is posed by partitions and subdividing walls exceeding the 1070mm height – there is no indication that full-height glazing poses a visual obstruction.

It is acknowledged that the BCBC 2024 removed the word “visually” from Clause 3.2.1.1.(3)(b), Division B.  This is considered to be a Code change, whereby the BCBC 2024 no longer describes a form of construction that is permitted in the BCBC 2018.

Appeal Board Final Decision #1996

The Board reverses the decision of the local authority.

It is the determination of the Board that the Code requires that the mezzanine be visually open and the proposed full-height glazing meets this requirement.

Reason for Final Decision

Various editions of the BC Building Code (e.g. 1985, 1992, 1998, 2012, and 2018) have included the word “visual” or “visually” in the openness requirement for mezzanines.  When those words are included in the Code, it has been interpreted that glass does not constitute a visual obstruction [BCAB #1111] and that other partitions are evaluated based on whether or not the space above 1 070 mm is visually obstructed [BCAB #1420 and BCAB #1777].

Another edition of the BC Building Code (i.e. 2006) did not include the word “visual” and the requirement was that the mezzanine be used as an “open area”.  Based on that wording, it was interpreted that the requirement would not permit “enclosure with any material including glazing” [BCAB #1823].  The Board notes that the BCBC 2024 is harmonized with the model National Building Code 2020 and does not include the word “visually”.

Don Pedde
Chair, Building Code Appeal Board 

Dated:  March 19, 2026