BCAB #1666 - Assurance of Professional Design and Review, Subsection 2.2.7., Div. B

February 18, 2010

BCAB #1666

Re: Assurance of Professional Design and Review, Subsection 2.2.7., Div. B

Project Description
The project in question involves the renovation of two apartment buildings for conversion to strata title. The subject of the appeal is a canopy at the entry to one of the buildings. The original built-up beam supporting the canopy has been replaced by a new built-up beam and the original full height wood columns have been replaced by shorter wood columns on top of concrete columns. The building is a three storey Part 9 structure with a firewall and common egress facilities.

Reason for Appeal
Subsection 2.2.7. in Division C (2006 BCBC) requires professional design and review of structural components of buildings that fall within the scope of Part 4 in Division B or buildings that are designed with common egress systems for the occupants and require the use of firewalls according to Article of Division A. The municipal building bylaw authorizes the building official to request professional assurance “where the project involves two or more buildings, which in the aggregate total more than 1000 square metres, or two or more buildings that will contain four or more dwelling units, or otherwise where the complexity of the proposed building or structure or siting circumstances warrant.” The Appeal Board does not have jurisdiction to rule on provisions of a municipal building bylaw.

Appellant’s Position
The appellant contends that the renovation of the canopy falls under Part 9, not Part 4, and the provisions of Subsection 2.2.7. in Division C of the Code do not apply. Professional assurance in the form of Schedules B-1, B-2 and C-B are not required.

Building Official's Position
The building official maintains that the canopy renovation work was done without a building permit and without inspection so the municipality has no firsthand knowledge of how the renovations were done. Consequently they are seeking professional assurance that the work conforms to the Code either by a signed sealed letter from a registered professional or submission of Schedules B-1, B-2 and C-B as authorized by their bylaw.

Appeal Board Decision #1666
It is evident that the building at 118 Redwood Drive, where the canopy renovation/repair has been done, has a firewall and common egress facilities. The firewall was required to keep the building within the 600 square metre building area limit of Part 9. Without the firewall the building area would have been in excess of 800 square metres. Both the 1998 and 2006 editions of the BC Building Code require professional design and review for Part 9 buildings that require firewalls and have common egress facilities. The Board notes reference to reinforcement in the new concrete support for the canopy and Article requires reinforced concrete to be designed in conformance with Part 4. It is the determination of the Board that professional design and review is required in accordance with Subsection 2.2.7. which requires the submission of Schedules A, B-1, B-2, C-A and C-B as appropriate for the work done.

George Humphrey, Chair