BCAB 1997 - Movable or removable armrest for an adaptable seat in an assembly occupancy

Movable or removable armrest for an adaptable seat in an assembly occupancy

Project Description

The project is the construction of a new outdoor grandstand  Accessible paths of travel have been included and there are designated wheelchair spaces along the lower level with companion seating.  Four aisles with stairs lead up to general seating and a press/media booth at the top.  The grandstand has a total occupant load of approximately 1300 persons.

Grandstand seating is provided by fixed, bench-style, aluminum seating planks with continuous aluminum backrest planks.  The design does not include armrests.

Applicable Code requirements (BCBC 2024)

Sentence 3.8.2.3.(5), Division B, Areas Requiring Access

(3) Except as provided in Sentence (6), in an assembly occupancy with more than 25 fixed seats, each row of seats served by two aisles shall have one adaptable seat conforming to Subsection 3.8.3. located adjacent to one of the aisles. (See Note A-3.8.2.3.(5) and (6) and 3.8.3.22.(1) and (4).)

Sentence 3.8.3.22.(3), Division B, Spaces in Seating Area

(3) Adaptable seats required by Sentence 3.8.2.3.(5) shall

(a) be located adjoining an aisle without infringing on egress from any row of seating or any aisle requirements,

(b) be equipped with a movable or removable armrest on the side of the seat adjoining the aisle, and

(c) be situated, as part of the designated seating plan, to provide a choice of viewing location and a clear view of the event taking place.

Decision being appealed (Local Authority’s position)

Adaptable seats are required and each adaptable seat must be equipped with a movable or removable armrest on the side of the seat adjoining the aisle.  Not providing armrests is not a valid Code-compliance option.  In order to be movable or removable, the armrest must first exist.

Part of the intent of having armrests is to assist limited mobility users to get into or out of a seat.

Appellant's position

The Code does not require adaptable seats to have armrests.  Rather, it requires that armrests at adaptable seats, if provided, be movable or removable.  The design does not include any armrests and is Code-compliant.

Appeal Board Final Decision #1997

The Board reverses the decision of the local authority.

It is the determination of the Board that the adaptable bleacher plank seats do not require an armrest.

Reason for Final Decision

The Board interprets that an adaptable bleacher plank seat without an armrest meets the intent of the Code, which is “to limit the probability that adaptable seats in assembly occupancies will not be easily accessed and used by persons with limited mobility, which could lead to such persons being impeded from using the building's facilities.”

It is difficult to interpret that the armrest must exist to assist limited mobility users to get into or out of a seat or, in other words, to be used a grab bar (and then moved or removed).  This is because the Code provides no guidance requiring a location or structural capacity of the armrest, unlike the common requirements for grab bars elsewhere in the Code.

Based on the illustration in Note A-3.8.2.3.(5) and 3.8.3.22.(1) and (4), Division B, it seems apparent that the Code writers of Sentence 3.8.3.22.(3), Division B, envisioned adaptable seats consisting of individual fixed seats with armrests without due consideration of a bleacher plank seat condition.  The Board observes that the Code language may not yet accurately align with the Code’s stated intent and will bring this matter to the attention of the Construction Standards and Digital Solutions Branch in the Ministry of Housing and Municipal Affairs.

Don Pedde
Chair, Building Code Appeal Board 

Dated:  March 19, 2026