BCAB 2003 - Definition of Building, Commercial Kitchen Trailer

Definition of building, commercial kitchen trailer 

Project Description

A commercial kitchen trailer is located immediately adjacent to, and is the kitchen facility for, a covered, outdoor licensed patio.  The patio is part of an existing building which provides food service and tourist accommodation.

The kitchen trailer rests on its own frame and chassis, axle, and wheels and is not physically attached to the patio structure.  The trailer is connected to and uses water, electricity, gas, and sewage services on the property.

Applicable Code requirements (BCBC 2024)

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

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Decision being appealed (Local Authority’s position)

The kitchen trailer is located immediately adjacent to the existing building, is intended to remain in place throughout the operating season, is connected to permanent utility services, and provides a fixed location for commercial food preparation rather than transportation services.  The trailer functions as an integral part of the restaurant’s food operations rather than as a mobile food vendor.

The kitchen trailer is a building and is required to comply with all applicable provisions of the Code, including the requirements of NFPA 96 for ventilation control and fire protection of commercial cooking operations.

Appellant's position

The kitchen unit can be evaluated as a self-contained mobile food service asset and not as a building as defined by the Code.

The kitchen unit is mobile, self-supporting, and is not physically attached to the patio structure.  The appellant will implement the ventilation, fire suppression, and fuel-control measures required by NFPA 96 and the authorities.  The unit is restricted to staff use; patrons are served on the outdoor, covered patio and have access to facilities within the building.

Appeal Board Final Decision #2003

The Board reverses the decision of the local authority.

It is the determination of the Board that the kitchen trailer is not a building for the purposes of the Code.

Reason for Final Decision

The kitchen trailer was constructed as a mobile unit and, when disconnected from the services, continues to be a mobile unit.

The Board notes that the kitchen trailer will be subject to other regulations including, but not limited to, the BC Fire Code, the BC Food Premises Regulation pursuant to the Public Health Act, and the Safety Standards Act.  Other enforcement authorities should be consulted.

Don Pedde
Chair, Building Code Appeal Board

Dated:  July 2, 2026