Agenda Index City of Vancouver

POLICY REPORT
PUBLIC SAFETY

TO:

Vancouver City Council

FROM:

General Manager of Fire & Rescue Services

SUBJECT:

Amendments to the Vancouver Fire By-law Regarding Occupant Loads and Licensed Beverage Establishments

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council does not have a specific policy regarding this matter. However, Council in the past has been supportive in the notion that the Fire By-law be the minimum standards on life and fire safety. This set of By-law clauses are in the opinion of the General Manager of Fire & Rescue Services to be the minimum standards for both licensed and non-licensed use.

BACKGROUND

"Occupant Load" is defined in the Fire By-law as the maximum number of persons permitted in a building or room. Prior to 1992, the governing of the occupant load was in the Provincial Public Hall and Theatre Safety Regulations (in place since 1978). These regulations were incorporated in the B.C. Fire Code in 1992. One of the major grouping of occupant loads that is administered under the Fire By-law is for licensed premises. The use "Licensed Beverage Establishment" was referenced in both the then B.C. Fire Code and Vancouver Fire By-law. The current edition of the Vancouver Fire By-law was approved by City Council on November 1, 1992 which also includes this use and the associated maximum occupant loads.

The B.C. Fire Code was revised with some major changes effective on December 1, 1998. One of the changes is the deletion of the use " Licensed Beverage Establishment". To deal with the unique issues in Vancouver, the General Manager of Fire & Rescue Services recommends retaining the use of Licensed Beverage Establishment in the Fire By-law. Furthermore, the General Manager of Fire & Rescue Services recommends amendments to the Fire By-law that will improve the administration and reference on occupant loads for all uses.

DISCUSSION

In general, the occupant load is calculated based on the room's net floor area and the width of the exits from the room. This method has been used to calculate the occupant loads of all assembly spaces by Vancouver Fire & Rescue Services since 1992 based on the Vancouver Fire By-law, the B.C. Fire Code and a guideline issued by the Provincial Fire Commissioner's Office .

The significant difference on the use of a Licensed Beverage Establishment compared to a non licensed space is that the exit capacity is doubled compared to a non-licensed space. For example, a space that may have 200 persons for a non-licenced use may only have 100 persons for a licensed use if their exits are the governing criteria. Dr. G. Proulx of National Research Council supports the notion that the maximum number of occupants should be less in a building when there is alcohol consumption due to the delay in the occupants' reaction time to surrounding inputs.

If Vancouver were to follow B.C. Fire Code on its deletion of Licensed Beverage Establishment as a separate use, the number of maximum occupants allowed in a premise may increase. Occupant loads calculated under the old Public Halls Regulation are limited to less than what is allowed under the new Code regulations.

There are over 51,000 licensed seats in Vancouver. There is a recommended proposal from the Liquor Control & Licensing Branch to increase the licensed numbers of a premise to the Fire capacity. The preliminary estimate by the Vancouver Police is an increase of 10,000 seats in Vancouver, where 2000 seats will be in Gastown alone. This will exacerbate the problems on the licensed spaces in areas such as the Downtown Eastside. The Vancouver Police is very concern on the possibility on increasing the occupant loads for these premises, as are the neighbourhood associations such as the Gastown Ratepayers Association.

Furthermore, all the existing issued certificates for occupant loads in a licensed space will become invalid with the deletion of the Licensed Beverage Establishment use and will create an administrative chaos on dealing with these spaces on overcrowding issue.

The B.C. Fire Commissioner's Office is aware of the implications of the deletion of the use "Licensed Beverage Establishment". When we met with the deputy Fire Commissioner, he indicated the Fire Commissioner's Office supports the proposal in Vancouver to retain the use of Licensed Beverage Establishment. Furthermore, he suggested we submit the change to the B.C. Building Code and B.C. Fire Code Review Committees for review.

The General Manager of Fire & Rescue Services recognizes the existing system of administering the occupant load is not very efficient. Changes are recommended to the Fire By-law to improve the administration of the occupant loads by introducing a permit system and incorporating the method of occupant load calculation into the text of the Fire By-law (see Appendix A). These changes should make referencing occupant loads of a premise easier. The permit fee will increase slightly from a review charge of $181.90 ($170 plus GST) to a permit fee of $200 (no GST).

Limited solicitation for comments have been done for the proposed amendments in the Fire By-law. It is intended the proposed changes be circulated for comments to the effected groups prior to drafting changes in the Building By-law.

CONCLUSION

In order to properly administer the occupant loads, particularly for Licensed Beverage Establishments, it is recommended that the changes in Appendix A be adopted at this time. The General Manager of Fire & Rescue Services will be bringing forward other amendments in the near future that will bring the Fire By-law more in line with the latest edition of the B.C. Fire Code and the National Fire Code.

- - - - -

APPENDIX A
Page 1 of 2

Part 1 Definition

Licensed Beverage Establishment means an assembly occupancy or part thereof, including Class 2 restaurants as defined in the Zoning and Development By-law, where alcohol may be consumed and may include lounges, pubs, recreational centres, community halls, cabarets, neighbourhood public houses, marine public houses and similar facilities.

Occupant load permit means the permit that specifies the occupant load as approved by the Fire Chief.

3) The maximum occupant load for a floor area or part of a floor area shall be the lesser of

b) the occupant load for which means of egress are provided in conformance with sentence (6)

4) The number of persons permitted to enter or remain in a floor area or part of a floor area shall not exceed the number on the occupant load permit. (see Appendix A)

5) Except as permitted in clause 2.7.1.3.(6)(b), means of egress shall be provided in buildings in conformance with the Building By-law for exit capacity.

6) In the case of a licensed beverage establishment, the exit capacity shall be twice the capacity calculated pursuant to sentence 5. (see Appendix A)

2.7.1.3. The number of persons permitted to enter a room or building shall not exceed the maximum occupant load calculated in conformance with the Building By-law unless otherwise approved. (#7595 96.07.23)

2.18.1.2. Except where the Fire Chief approves an occupant load higher than otherwise posted in an assembly occupancy, the maximum occupant load shall not exceed the approved calculated number in conformance with Sentence 2.7.1.3.(2) (#7595 96.07.23)

Appendix A

Page 2 of 2

Table 2.7.1.3.
Occupant Load
Forming Part of Article 2.7.1.3.

Type of Use

Area per person

m2

Type of Use

Area per person
m2

Assembly Uses

    Space with fixed seats
    Space with non-fixed seats
    Stages for theatrical performances
    Space with non-fixed seats and tables
    Standing space
    Stadia and grandstands
    Bowling alleys, pool and billiard rooms
    Classrooms
    School shops and vocational rooms
    Reading or writing rooms or lounges

dining, beverage and cafeteria space

    Laboratories in schools

Licensed Beverage
Establishments

(1)
0.75
0.75
0.95
0.40
0.60
9.30
1.85
9.30
1.85
1.20

4.60
1.20

Business and personal services uses

    personal services shops

    offices

Mercantile uses

    Basements and first storeys

    Second storeys having a principal entrance from a pedestrian thoroughfare or a parking area

    Other storeys

Industrial uses

    Manufacturing or process rooms

    Storage garages

    Storage spaces (warehouse)

    Aircraft hangars

4.60

9.30

3.70

3.70

5.60

4.60

46.00

28.00

46.00

Care or detention uses

    Treatment and sleeping room areas
    Detention quarters

Residential uses

    Dwelling units
    Dormitories

10.00

11.60

(2)

4.60

    Other uses
    Cleaning and repair goods
    Kitchens
    Storage
    Public corridors intended for occupancies in addition to pedestrian travel

4.60 9.30
46.00

3.70

Notes to Table 2.7.1.3.:

(2) 2 persons per sleeping room in a dwelling unit

2.7.1.4. Signs

(1) Where an occupant load permit is required, the permit or a notice stating the occupant load shall be posted at the entry to the room or permises, or at a location otherwise acceptable to the Fire Chief.
2.18.1.1. Where the Fire Commissioner or this By-law requires that an occupant load notice be posted in an assembly occupancy, such notice shall be posted at the entry to the room or floor area forming the assembly occupancy.
2.18.1.3. Where the occupant load in an assembly occupancy exceeds 60 persons, a notice stating the occupant load shall be posted in a location visible to persons entering the premises. (#7595 96.07.23)

(2) The notice referred to in sentence (1) must meet the requirements for signs in Article 2.1.4.1.
2.8.1.5. The lettering on the occupant load sign shall be at least 50 mm in height. (#7595 96.07.23)

Fee Change

Add to Schedule A-1
11. For occupant load permits, each permit $200

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ag990727.htm

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