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If you have recently installed or are thinking of installing a hot tub on your raised patio or deck the following may be of interest to you. Decks that are above 24"(600mm) from finished grade (ground level) are required to have a guard.
In a recent ruling (BCAB#1651) from the Building Code Appeal Board has reversed a Building Officials decision to require additional guards for a hot tub install.
The hot tub had been installed in the exterior corner of the deck about 24" form the edges and guard of the deck. The height of the outer edge fo the hot tub is about 40" above the deck's floor surface. There are provisions for seating around the outer edge of the tub. When not in use, the tub is provided with a rigid cover.
The Building Official stated that do to it's proximity to the balcony guard and the height of the hot tub outer edge with respect to the height of the balcony guard, that a slip or fall that may occur in or on the tub, would render the existing balcony guard ineffective. The Building Official requested an additional guard height of 42" above the top surface of the hot tub. The specific code reference - Sentence 9.8.8.1.(1) requires every surface to which access is provided for other than maintenance purposes shall be protected by a guard on each side that is not protected by a wall for the length. The minimum guard height in this situation is 1070mm (42").
In it's decision the Board decided that in practical terms it made sense to prevent people from falling backwards over the existing railing system, the Building Official can not request the additional guard height as the hot tub edge was not considered a walking surface.
Contact Flywheel Building Solutions if you require clarification on a code reference. www.flywheelbuildingsolutions.com
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