Agricultural Land Commission and BC Builds

Year
2024
Number
NR31
Sponsor(s)
Fraser-Fort George RD

Whereas the BC Building Code contains a definition for floor area, and floor area measures the total inside space of a building; And whereas the Agricultural Land Commission has resolved on a definition of total floor area for principal residences and total floor area of an additional 90m or 186m residence that is not consistent with the BC Building Code: Therefore be it resolved that UBCM lobby the Agricultural Land Commission to adopt the definition of floor area within the BC Building Code Regulations for buildings in the Agriculture Land Reserve.

Other Response

Agricultural Land Commission The ALC is an administrative tribunal, independent of the Provincial Government, dedicated to preserving the provinces agricultural land base and encouraging farming in BC and is the body appointed to administer and interpret the Agricultural Land Commission Act ALCA and its regulations. Section 20.1 of the ALCA and s. 34.3 of the ALR Use Regulation restricts the size of a residence permitted in the ALR based on the total floor area of the structure. To administer the legislation, the ALC adopted a definition for total floor area based on the Ministry of Agriculture and Foods Guide for Bylaw Development in Farming Areas the Ministrys Bylaw Standard defined as the total combined area of all floors contained with the exterior walls of farm residence excluding cellars with a ceiling height less than 1.95 metres and attached garages and carports to a maximum of 42 square metres with one exception, the Commissions definition also excludes basements more than 50 below grade from the calculation of total floor area. The BC Building Code the Code does not define total floor area but does include a definition for floor area defined as the space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls and partitions, but not including exits, vertical service spaces, and their enclosing assemblies. While this isnt a definition of total floor area it does speak to the how the space on each floor storey between the exterior walls of a structure is determinative in the calculation of total floor area in much the same manner as the Commissions and Ministrys Bylaw Standard definition. In a follow-up meeting with Regional District of Fraser Fort George the FFGRD, they clarified their resolution was a request for the Commission to use Building Area defined in the BC Building Code as the greatest horizontal area footprint of a building above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewallsto regulate housing the ALR. They also expressed concern that the basement exemption permits someone to have a larger house than someone who builds at grade. As an administrative tribunal, the ALC does not hold the pen on the development of Provincial legislation and the legislative requirement is for residence size to be calculated based on total floor area. Local governments have the authority to regulate and be more restrictive in their determinations of total floor area, but the Commission is open to engaging with local governments on the issue of whether basements should continue to be excluded from the Commissions calculation of the total floor area or any other factors relating to the calculation of interest to local governments.

Convention Decision
Endorsed