BCAB 1977 - Letters of assurance for a part 9 building

Letters of assurance for a part 9 building

Project Description

The project is the construction of a two-storey single family dwelling classified under Part 9 of the Code.  The foundation consists of concrete on excavated ground, the structural roof, floors, and walls are constructed of cross-laminated timber, and the wood-framed deck is supported on screw piles.  The high-performance building envelope contains atypical assemblies of materials.

At the beginning of the project, Letters of Assurance were submitted to the local authority as follows:

• Schedule A, Coordinating Registered Professional
• Schedule B, Architectural
• Schedule B, Structural
• Schedule B, Geotechnical, Permanent

During construction, the coordinating registered professional (“CRP”) and registered professional of record (“RPR”) in the architectural discipline completed some field reviews but later withdrew from the project by notifying the local authority.  The RPR in the structural discipline completed some field reviews; the owners later engaged another RPR in the structural discipline to submit a Schedule C-B and accept responsibility for the remaining scope of work.

At the end of the project, Letters of Assurance were submitted to the local authority as follows:

• Schedule C-B, Structural (“remaining scope” only, see enclosed letter)
  • The Schedule is from a different RPR than the original.  The original RPR did not submit a Schedule C-B.
  • A letter from the registered professional outlines the duties they have undertaken as ‘incoming structural engineer’ and stipulates that the remaining scope includes two structural elements only; an aluminum cladding feature and the exterior deck structure.
• Schedule C-B, Geotechnical, Permanent

Applicable Code requirements (BCBC 2018)

Article 2.2.7.1., Division C, Application

(1) The requirements of this Subsection apply to

(a) buildings within the scope of Part 3 of Division B,

(b) buildings within the scope of Part 9 of Division B that are designed with common egress systems for the occupants and require the use of firewalls according to Article 1.3.3.4. of Division A, and

(c) the following, in respect of buildings within the scope of Part 9 of Division B other than buildings described in Clause (b),

(i) structural components that are not within the scope of Part 9 of Division B (See Note A-2.2.7.1.(1)(c)(i).),

(ii) geotechnical conditions at building sites that are not within the scope of Part 9 of Division B,

(iii) sprinkler systems designed to NFPA 13, “Installation of Sprinkler Systems”, and

(iv) standpipe and hose systems designed to NFPA 14, “Installation of Standpipe and Hose Systems”.

Article 2.2.7.2., Division C, Owner Responsibilities

(1) Before the construction of or the alteration to a building, the owner shall

(a) retain a coordinating registered professional to coordinate all design work and field reviews of the registered professionals of record required for the project in order to ascertain that (see Note A-2.2.7.2.(1)(a))

(i) the design will substantially comply with the British Columbia Building Code and other applicable enactments respecting safety, and

(ii) the construction of the project will substantially comply with the British Columbia Building Code and other applicable enactments respecting safety, not including the construction safety aspects, and

(b) if a building permit is required, deliver to the authority having jurisdiction letters in the forms set out in Schedules A and B. (See the end of Division C and Note A-2.2.7.2.(1)(b).)

(2) If an occupancy permit or final inspection from an authority having jurisdiction is required and before an owner occupies or receives permission to occupy the building, the owner or coordinating registered professional shall deliver to that authority letters in the forms set out in Schedules C-A and C-B (See the end of Division C and Note A-2.2.7.2.(2).)

Article 2.2.7.3., Division C, Registered Professional Responsibilities

(See Note A-2.2.7.3.)

(1) A registered professional of record who signs a letter, the form of which is set out in a Schedule to this Subsection, and an owner who signs or has an agent sign a letter the form of which is set out in a Schedule to this Subsection, shall comply with this Subsection and the provisions of the letter that apply to the person signing.

(2) A registered professional of record or coordinating registered professional who is responsible for a field review shall keep a record of the field review and of any corrective action taken as a result of the field review and shall make the record available to the authority having jurisdiction on the request of that authority.

(3) A registered professional of record who is retained to undertake design work and field reviews and who is required to provide letters pursuant to Clause 2.2.7.2.(1)(b) shall

(a) place his or her professional seal or stamp on the plans submitted by him or her in support of the application for a building permit, after ascertaining that they substantially comply with the British Columbia Building Code and other applicable enactments respecting safety,

(b) provide to the authority having jurisdiction a letter in the form of Schedule C-B (see the end of Division C) after ascertaining that the components of the project for which the registered professional of record is responsible are constructed so as to substantially comply, in all material respects, with

(i) the plans and supporting documents prepared by the registered professional of record, and

(ii) the requirements of the British Columbia Building Code and other applicable enactments respecting safety, not including construction safety aspects.

Article 2.2.7.4., Division C, Termination

(1) An owner must not terminate the appointment of a coordinating registered professional or registered professional of record unless

(a) the owner immediately replaces the coordinating registered professional or registered professional of record, or

(b) the owner has complied with Clause (1)(b) and Sentence (2) of Article 2.2.7.2. by delivering letters in the forms set out in Schedule A, B, C-A and C-B, as applicable, to the authority having jurisdiction.

(2) In respect of a project to which this Subsection applies,

(a) if the coordinating registered professional ceases to be retained at any time before the completion of the project, both the owner and the coordinating registered professional shall notify the authority having jurisdiction, and

(b) if a registered professional of record ceases to be retained at any time before the completion of the project, both the coordinating registered professional and the registered professional of record shall notify the authority having jurisdiction.

(3) Notification under Sentences (1) and (2) shall be made,

(a) if possible, before the coordinating registered professional or registered professional of record, as the case may be, ceases to be retained, or

(b) if advance notice is not possible, as soon as possible.

Decision being appealed (Local Authority’s position)

A Schedule C-A and a Schedule C-B, Architectural, are required before occupancy can be granted.

The building permit was issued based on sealed architectural drawings and a Schedule B, Architectural.  The building envelope exceeds the prescriptive requirements of Part 9 of the Code.  The building permit fee was reduced and the local authority relies solely on the field reviews of the registered professional.

The RPR in the architectural discipline has declined a request to provide records of their field reviews.

Appellant's position

Schedules C-A and C-B are intended to confirm Code compliance which, in this case, has been demonstrated by the various project documentation, fulfilling the intent.

A Schedule B for the architectural discipline is not required by the Code for this building and a Schedule C-B should not be required.  Letters of Assurance are not required on a Part 9 building having environmental separations designed in accordance with Part 5.

There has been no identified Code violation in the design or construction and supplemental proof of substantial Code compliance has been provided.  The refusal to grant occupancy is based on administrative, not technical, grounds

Appeal Board Decision #1977

The Board varies the decision of the local authority.

It is the determination of the Board that the following documents, acceptable to the local authority, are required.

From the owner or the coordinating registered professional:

• Schedule C-A,
• Schedule B, Structural (appropriately annotated), and
• Schedule C-B, Structural (appropriately annotated).

Also, depending on the decisions and actions of the various parties involved going forward, the provision of other transitional documents, following the principles outlined in the Section 8 of the Guide to the Letters of Assurance in the BC Building Code 2018 and the Vancouver Building By-law 2019, are advisable.

The following documents are not required:

• Records of architectural field reviews and of any corrective action taken as a result of those reviews, and
• Schedule C-B, Architectural

Reason for Decision

The administrative provisions of the Code, as outlined in Division C, have equal standing with the technical requirements outlined elsewhere in the Code.

The administrative provisions outlined in Part 2, Division C, of the Code apply to all buildings covered in the Code, and the requirements for coordinated professional design and field review in Subsection 2.2.7., Division C, apply to structural components and geotechnical conditions in this Part 9 building.

The Board takes guidance from the Guide to the Letters of Assurance in the BC Building Code 2018 and the Vancouver Building By-law 2019 (the “Guide”).

Regarding a coordinating registered professional, the Guide states, in part, that:

“Clause 2.2.7.2.(1)(a) states that the owner must retain a coordinating registered professional on every project where registered professionals of record are required as determined by Article 2.2.7.1.”

• Some authorities having jurisdiction may not demand a coordinating registered professional for Part 9 buildings when the project involves more than one registered professional of record even though coordination is required of such disciplines (e.g. structural engineer and geotechnical engineer).”

In this case, the local authority does demand (i.e., indicate a requirement for) the continued involvement of a CRP and the submission of a Schedule C-A.

Regarding the replacement of the RPR in the structural discipline, the Guide provides extensive instruction in Section 8 and the guidance should be followed in this case.  An incoming RPR must provide a new Schedule B (appropriately annotated, as per the Guide) as well as other documentation and a Schedule C-B (appropriately annotated, as per the Guide).  The submitted Schedule B, Structural (“remaining scope” only, see enclosed letter) and letter do not satisfy the requirement to provide professional assurances about all the building’s structural components.  Either the incoming RPR in the structural discipline, or a different incoming RPR in the structural discipline must provide a Schedule B, Structural (appropriately annotated, as per the Guide) and a Schedule C-B, Structural (appropriately annotated, as per the Guide).

Except for buildings with common egress systems and firewalls, Division C of the Code does not require professional design and field review in the architectural discipline for Part 9 buildings.  Use of Part 5 of the Code for the design and construction of environmental separation components in a Part 9 building does not trigger a requirement for an RPR in the architectural discipline.  Submission of the Schedule B, Architectural, was not required by the Code and it follows that a requirement for that RPR to provide records of field reviews or to submit a Schedule C-B, Architectural, are not requirements of the Code.

The Board has neither jurisdiction nor comment on the local authority’s powers, under legislation other than the Building Act and the Code, to require professional assurances or accountability documents, as discussed in Section 5 of the Guide.

Don Pedde
Chair, Building Code Appeal Board

Dated:  August 21, 2025