BCAB #1029 - Application of New Building Code Prior to Adoption

November 1, 1988

BCAB #1029

Re: Application of New Building Code Prior to Adoption

With reference to your letter of September 9, 1988 regarding application of the Building Code.

The question raised concerns application of the 1985 Building Code prior to it being legally adopted, but after all the content had been established and the consolidated version was being prepared for printing. The issue was raised repeatedly due to printing delays, and for large projects such as hospitals, the Ministry of Health wished to follow the new Code. This procedure contravened nothing, it is reasonable to assume that a new Code is superior to that which it replaces, so the normal acceptance of equivalents under Section 2.5. provides for such action.

Since design was commenced prior to the formal introduction of the 1985 B.C. Building Code, the use of the new Code would essentially be a matter for the authority having jurisdiction and the client, who in this case both wanted the new Code to be used. The jurisdiction of the Board relates to interpretation of the Code, and does not extend to adjudicating on a contractual relationship between the parties. On the question of timing for the raising or not raising of a Code contravention, this is not strictly a matter for the Board. However, we would not accept a contravention of the Code purely because it was not pointed out by the authority having jurisdiction, the responsibility must remain with the designer

J.C. Currie, Chairman