BCAB #1946 – Registered Professional Responsibility for an Alternative Solution

December 19, 2024

Re: Registered Professional Responsibility for an Alternative Solution

Project Description

The project is the design and construction of a new Part 9 house of wood frame construction.  The exterior walls have staggered stud construction and are proposed to contain a thermal insulation material which requires an alternative solution acceptable to the local authority.

Applicable Code requirements (BCBC 2024)

Sentence 1.2.1.1.(1), Division A, Compliance with this Code

(1) Compliance with this Code shall be achieved by

(a) complying with the applicable acceptable solutions in Division B (see Note A-1.2.1.1.(1)(a)), or

(b) except as required by Sentence (3), using alternative solutions, accepted by the authority having jurisdiction under Section 2.3 of Division C, that will achieve at least the minimum level of performance required by Division B in the areas defined by the objectives and functional statements attributed to the applicable acceptable solutions (see Note A-1.2.1.1.(1)(b)).

Sentence 2.3.1.2.(4), Division C, Documentation

(4) The Code analysis referred to in Clause (2)(a) shall include information about the qualifications, experience and background of the person or persons taking responsibility for the design.

Decision being appealed (Local Authority’s position)

A registered professional is capable of completing a code review, taking responsibility for the design, and assuring that the design meets the intent of the Code.

A building official cannot take responsibility for material that is not accepted in Part 9 of the Code.  The building official can accept an alternative solution when a registered professional takes responsibility.

Appellant's position

The insulation product contains a CAN/ULC listing and it is identified in a Canadian code compliance evaluation by the Canadian Construction Materials Centre (CCMC).  In the opinion of CCMC and subject to proprietary compliance as well as limitations and conditions, the product and the installation of the product have been demonstrated as alternative solutions.

A registered professional is not required.

Appeal Board Decision #1946

The Board varies the decision of the local authority.

It is the determination of the Board that the Code does not require the involvement of a registered professional in the development of an alternative solution.  However, the Code does require information regarding the qualifications, experience and background of the person taking responsibility.  The local authority may decline to accept an alternative solution proposal where the qualifications are not considered to be acceptable.

Reason for decision

The Code does not require that the person taking responsibility for an alternative solution be a registered professional.

However, alternative solutions proposed to a local authority require acceptance by that local authority.  The local authority may, for various reasons, decline to accept a proposal.  This could include where they determine that the person taking responsibility for the alternative solution does not have the necessary qualifications, experience and background.

Don Pedde
Chair, Building Code Appeal Board