Regulation & Administration of
Construction
CE 402 - Jim White
Who Regulates and Administers
Construction?
• Federal Government?
•
•
•
•
no real authority under constitution, except for
special areas, such as navigable waters,
railways, airports, etc.
NBC by NRC, but only given authority via
provincial adoption, e.g. BCBC
The National Building Code evolved a model
code to be implemented by being adopted by
the provincial authorities.
The first NBC was published in 1941.
Who Regulates and Administers
Construction?
• Provinces?
•
•
•
have the bulk of the authority under the
constitution. Delegates much of this authority
to municipalities, and to other organisations.
Most Provinces and Territories adopt NBC.
HOW? by legislation, and regulations, esp.
Local Government Act. and administrative
bodies e.g. WCB Act, Engineers and
Geoscientists Act, Architects Act, etc.
Who Regulates and Administers
Construction?
• Municipalities?
•
•
•
•
receive authority from Province within
boundaries prescribed in LGA, Part 21,
Building Regulations
Has prescribed authority to make law via
by-laws, but cannot conflict with provincial law,
only add to it, within specific areas delegated.
LGA, s.694(1)(e) Building Permits & Inspection
These enable, don't oblige, municipalities to
regulate construction by requiring BP
Who Regulates and Administers
Construction?
•
•
•
•
If municipality doesn't, no duty
If does, obliged to do so reasonably
Rationale? residents know there's a reg.
scheme in place, reasonably assume that
scheme imposes a min. std on const.
LGA, s.694(1)(d) Occupancy Permits; enables
municipality to forbid occupancy till all
administrative hurdles complied with
Who Regulates and Administers
Construction?
•
•
•
•
•
LGA, s.699(2) Geotechnical P.Eng.
Certification may be required
LGA, s.699(6) Conditional Geotechnical
Certification
Covenant, Registered at LTO, required
where land is subject to geotechnical
hazards: flood, landslide, etc.
LGA, s.692 B.C. Building Code
applies to all Municipalities and Regional
Districts but NOT outside them
Who Regulates and Administers
Construction?
•
•
•
•
•
Minister may make regulations for
administration of the building code and
regulations.
LGA, s.700 Contravention of Bylaws - Filing in
LTO
(1) Where, during the course of carrying out
his duties, a building inspector
(a) observes a condition, with respect to land
or a building or structure, that he considers
(i) results from the contravention of, or is in
contravention of a bylaw or regulation under of
Part 21 or under any other enactment ...
Who Regulates and Administers
Construction?
LGA, s.1 "Municipality" excludes Vancouver
•
•
•
•
•
•
Montreal and Vancouver are the only charter cities in Canada
They write their own building codes, unlike other municipal
jurisdictions, which are stuck with their provinces' codes.
Everything is just a little different in Vancouver: different building
code (Vancouver Building By-Law etc.)
Different legislation, etc. BUT everything is similar enough that it
doesn't really matter for your purposes now.
Just need to know there are differences, and you have to be
aware of them when working in Vancouver.
Vancouver sometimes implements new ideas which are later
adopted by the other Muni's; e.g. CP program; new building
envelope guidelines
Other Bodies
• Workers Compensation Board / Worksafe
• receives authority from Province to make
regulations for safety, and to administer
them.
• System of insurance for workers. Funded
by levy on payrolls.
• Also provides immunity to employers from
suits by injured employees.
Other Bodies
• APEGBC and AIBC receive authority from the
Province to regulate members and establish
practice guidelines, entrance requirements,
disciplinary matters, ethical guidelines
• Other Agencies:
• e.g. CSA, NRC, ASTM, ANFPA, ULC, BCCA
• establish codes which have no legal validity per
se, and may not even be Canadian, but are
given authority where adopted by Province or
Muni.
Other Bodies
• Homeowner Protection Act and Office
• HPA requires licensing of contractors and
mandatory warranties on most new
residential construction. Warranties 2 to
10 years HPO administers this plus low
interest reconstruction loans.
BC Building Code
• A regulation under the LGA; a modified
NBC.
• A set of minimum provisions respecting
the safety of buildings.
• Changes every 5 years or so;
• Last revision Fall 2012.
• My notes refer to 2005 version.
BC Building Code
• Definitions (Application)
• Applies primarily to buildings, being things
meant to be occupied by people or
animals.
BC Building Code
• In many cases that end up in disputes,
they arise due to misunderstandings and
misinterpretations of information.
• Soil or rock?
• Here, they define "soil" as being readily
separated by agitation in water: a
reasonable concept.
BCBC: Administration
• s.2.1 Application
• s.2.1.2, Part 3, 4, 5, & 6 Apply to most buildings
> 600 s.m. or > 3 storeys (commonly referred to
as "Part 4" buildings)
• Residential and other low hazard occupancies,
except farm buildings (special code)
• s.2.1.3, Part 9 applies to most buildings < 600
s.m. and 3 storeys (commonly referred to as
"Part 9" buildings).
BCBC: Administration
• 2.2 Climatic Data - for design - minimums
• 2.3 Plans, Specifications and Calculations
• Minimum information requirements and
presentation standards,
• sealing of drawings, minimum scales,
references to survey control,
• fire protection ref.s, plumbing and HVAC
ref.s
BCBC: Administration
• 2.3.4 Structural & Foundation Drawings and
Calculations
• Seal of structural designer for part 4 buildings
• 2.5.2 Structural Equivalents allows custom or
unusual design not necessarily complying with
Part 4, where carried out by "a person especially
qualified" by (a) analysis based on established
theory, (b) full scale load tests, (c) studies or
model analogues
Professional Design and Review
• PD&R required for (a) Part 3 and (b) Part 4
buildings, and (c) buildings with common egress
systems requiring firewalls
• LGA, s.695 Certification by Engineer or Architect
• Letters of Assurance, where site conditions,
size or complexity of development warrant.
Letters of Assurance Guide
• LGA, s.694(5) Reduced Permit Fee; Relying on
P.Eng.
Professional Design and Review
• Letters of Assurance
• Owner must retain a Coordinating Registered
Professional and submit schedules A and B
before BP issued and Schedule C before OP or
final inspection.
• Schedule A : Confirmation of Commitment by
Owner and by Coordinating Registered
Professional (one only)
• to coordinate the design work and field reviews
of the registered professionals on the project.
Professional Design and Review
• A-2.6.2.1(1)(a) Coordinating Registered
professional is responsible for ensuring
someone signs for each relevant
code-related aspect, on B1 or B2.
• 1(2) record field reviews and corrective
action taken as a result, and make
available to the authority.
Professional Design and Review
• 1(3) seal plans submitted with application
for BP, provide a schedule C on
completion, and ensure necessary field
reviews are completed.
• This is an independent legal duty, not
necessarily found in the engagement.
Professional Design and Review
• Division C, 2.2.7: Duties on Termination of
Registered Professional important
• Often arises from a fee dispute.
• 1(1) Both Owner and CRP must notify the
Authority if CRP terminated.
• 1(2) Any RP must notify Authority if terminated
1(3) before termination, or if impossible, ASAP
upon termination
• 1(4) Owner mustn't terminate any, unless
immediately replaced
Professional Design and Review
• Certified Professional Program: Code
Specialists
• Under this program the owner retains a certified
profession - an Eng or Arch with extensive code
knowledge. CP assures that the design complies
with the code, and BP application receives much
less scrutiny.
• Reduced BP fee is charged and BP turnaround
is faster.
Municipal Liability in Inspection
• The original English case was first applied by the
Supreme Court of Canada in Kamloops v. Nielsen in
1982.
• If a municipality undertakes to regulate construction, it
will be liable to those who suffer losses due to defective
construction which should have been detected by
municipal inspectors.
• Since 1982, the cases since then have clarified the sorts
of situations in which the courts will impose liability.
• Individual building inspectors have not been held
personally liable.
Municipal Liability in Inspection
• Harnett v. Wailea [1989] B.C.J. No. 497
• Delta failed to warn of bad ground due to
garbage. Muni knew about the garbage and the
special foundation needs of the lots.
• The plaintiffs visited Muni hall and asked for
anything they had, needed for the design of a
house. Muni. said nothing about garbage on the
site, etc.
• Duty imposed by MA s.694 (formerly s.734(1))
and fact Delta chose to regulate construction.
Municipal Liability in Inspection
• Limits on Liability
• LGA, s.285 Limitation - Must Sue within 6 Months
• BUT, only for limited things, not for negligence, which is
the primary area in construction; Gringmuth v. North Van
2002 BCCA 61.
• LGA, s.286 Must Notify within 2 Months
• LGA, s.755.1 No Personal Liability for Municipal Officers
• (1) for actions in the course of duties (3) unless
dishonest, grossly negligent, malicious or wilful,
defamation (4) this doesn't protect the body, just the
individual
Municipal Liability in Inspection
• LGA, s.290 No Liability - Relied on
Designer
• Dha v. Ozdoba, (1990) 39 C.L.R. 248
(B.C.S.C.)
• Non-complying, but Municipality Relied on
Engineer or Architect to certify compliance
(note where this is the case, reduced fee
available for permit, under s.734(7)).
Municipal Liability in Inspection
• Vancouver Charter, s.294(8) No Cause of Action:
Inspection and Approvals
• Goes way beyond any LGA limits on liability,
specifying there is no legal duty on which a
cause of action can be based.
• Confirmed in Kaiser v. Bufton's Flowers, City of
Vancouver & others (1994) 97 BCLR (2d) 166
(BCSC)
• Protect Vancouver by eliminating any duty of
care.