BCAB #1491 - Letters of Assurance for Part 9 Building, Sentence 2.6.1.1.(1)

August 17, 1999

BCAB #1491

Re: Letters of Assurance for Part 9 Building, Sentence 2.6.1.1.(1)

Project Description

The project in question is a townhouse development with twelve three storey spatially separated buildings each of which is approximately 470 square metres in building area.

Reason for Appeal

Sentence 2.6.1.1.(1) requires "letters of assurance" from an architect or engineer for Part 3 buildings, Part 4 structural components and Part 9 buildings employing firewalls and common egress systems.

Appellant's Position

The appellant contends that the buildings in question are Part 9 buildings without firewalls or common egress systems and "letters of assurance" are not required.

Building Official's Position

The building official maintains that Article 15 of their building bylaw permits them to require an architect or engineer on projects where "… the work requires technical expertise, …" and therefore, "letters of assurance" are required.

Appeal Board Decision #1491

The Board concurs with the appellant that Section 2.6 does not apply to the building in question. However, the Board has no jurisdiction over local government building bylaws and cannot provide a ruling in this case.

George R. Humphrey, Chair