May 9th 2025

Appeal: Accessibility Application to Existing Buildings

Recently I supported an Architect and their client, a local school district, with their proposed renovation of an existing school to provide improved accessible access to the theatre stage. The challenge was that the existing lift no longer met the needs of the student population as a power wheelchair would not fit and safely lift the student through the elevation difference to the stage level. Further, the student was not able to operate the lift on their own.

To address this situation, the architect proposed to replace part of the usable stage area with a ramp. However, to minimize the impact on the usable stage area, the ramp length did not allow meeting either the maximum slope requirement or provision of an intermediate landing. The solution proposed by the architect was carefully considered and balanced the needs of the general student population for a usable stage and the accessible needs. After consultation with the school district physical therapist, it was determined that the lower slope was more important than the intermediate landing.

Unfortunately, the local Authority Having Jurisdiction applied the very conservative interpretation that the new ramp must comply with all requirements of the Building Code accessibility requirements despite the allowance in Sentence 3.8.4.5.(1) for a practical consideration of providing access when altering an existing building.

I provided advice to the architect and client regarding their options to finding a solution. The chosen approach, as it was felt that the proposed ramp provided the best compromise between the different factors, was to appeal the Authority Having Jurisdiction's decision to reject the proposal as non-compliant.

I prepared the appeal application and advised on the appropriate supporting information, including a letter from the school district's physical therapist. The appeal was submitted and the appeal board decision reversed the decision of the Authority Having Jurisdiction on the basis that the proposed alteration, while not conforming with the current accessibility requirements, did not reduce the level of performance below that which was already existing. This was a great success for the architect, client, and the students.

Interpretation of the Building Code is not always straightforward, and sometime decisions, right or wrong, are made not on a technical basis, but on a liability basis. Many Authorities will enforce the most conservative interpretation in order to avoid a liability concern, even if their personal opinion may not be as conservative. This is unfortunate, but the appeal process can allow for the owner to get a favourable result and relieve the Authority of the liability concern. The biggest challenge usually with an appeal application, is the timing. However, contentious interpretations can be identified early with appropriate action taken to minimize any delays.

If you are having a disagreement with the local Authority, we may be able to help both through advising on options and by preparing an appeal application. Do not hesitate to reach out to us at hello@celerity.ca.

gov.bc.ca