BCAB #1691 - Definition of Registered Professional, Division A Part 1 Sentence 126.96.36.199.(1)
January 20, 2011
Re: Definition of Registered Professional, Division A Part 1 Sentence 188.8.131.52.(1)
The issue at hand is the allowance for an individual holding a Limited Licence from the Association of Professional Engineers and Geoscientists of BC (APEGBC) to sign and submit Schedules B and C-B (Letters of Assurance) required by Subsection 2.2.7. of Part 2 of Division C.
Reason for Appeal
Subsection 2.2.7. of Part 2 of Division C sets out requirements for the design and of Part 3 and some Part 9 buildings by registered professionals. Registered professional is defined as:
- a person who is registered or licensed to practise as an architect under the Architects Act, or
- a person who is registered or licensed to practise as a professional engineer under the Engineers and Geoscientists Act
The appellant contends that his Limited Licence to practice engineering within a defined scope entitles him to sign Schedules B and C-B for work within his defined scope and this entitlement is supported by APEGBC and Appeal #1497.
Building Official's Position
The building official maintains that the definition requires a person to be “licensed to practise as a professional engineer under the Engineers and Geoscientists Act” and a limited licence does not confer professional engineer status on the licensee. The holder of the limited licence is not permitted to use the term professional engineer and, in fact, is required to make it quite clear to clients and others that they are not a professional engineer but rather are permitted to practice a defined scope of engineering as described in their licence.
Appeal Board Decision #1691
The Board considers that the practice of professional engineering is regulated by the Association of Professional Engineers and Geoscientists of BC (APEGBC) and the conduct of their members falls under their jurisdiction. For the purposes of Subsection 2.2.7. of the BC Building Code the Board considers the permission of APEGBC for the holder of a Limited Licence to sign Schedules pursuant to Subsection 2.2.7. meets the intent of the Code.
George Humphrey, Chair