Which legislation is being amended?
Bill 10 makes changes to several key pieces of legislation: the Local Government Act, Community Charter, Vancouver Charter, Architects Act and the Engineers and Geoscientists Act.
These changes will:
- Provide the professional associations that govern engineers, geoscientists and architects with authority to create building specialist designations and set qualifications.
- Enable local governments to require a building specialist to sign building plans and other documents required for a building permit. This will give local governments confidence that new and more complex building technologies are safely and effectively implemented.
- Provide the Minister Responsible for Housing with the authority to designate a ministry official to make binding interpretations of the B.C. Building Code. This will provide clarity and lead to more consistent application of the code.
- Provide local governments with the authority to apply the Building Code provisions related to:
- Improving access to buildings for people with disabilities,
- The upcoming "green" provisions for the conservation of energy and water and the reduction of greenhouse gas emissions.
Why are you doing this?
The amendments are a first step in providing tools for consistent and safe application of the building code and regulations through:
- Delivery of authoritative interpretations of Building Code provisions and their application; and,
- The establishment of professional building specialist designations whose expertise in complex buildings technologies will improve safety and more effectively meet the objectives of the Building Code and regulations.
- These changes will make the system B.C. has for regulating buildings and construction more efficient, improve safety and respond to issues raised during extensive consultations. B.C. will also be better equipped to respond to emerging issues such as rapidly changing building technology and a shift toward green building techniques.
When do these changes come into effect?
While the changes will be effective when Bill 10 is passed, many of these changes are enabling. This means that the Province will continue to work with local governments and other associations to develop policies and procedures around the changes. For example, the Province will develop clear policies and procedures around when and how it issues a binding interpretation. Likewise, it will take time for professional associations to establish qualifications for specialist designations.
What is the benefit of professional associations being able to designate building specialists?
The way buildings are constructed is becoming increasingly complex. It is important to have building specialists who are specifically trained to deal with complex components of a building. Empowering professional associations to establish specialist designations will ensure a consistent level of training and expertise.
Buildings with the involvement of these specialists will more effectively meet the objectives of the Building Code. It also gives local governments greater confidence that green building technologies are safely and effectively implemented.
Does Bill 10 mean that local governments can now determine the need for engineers, architects to sign off on single family homes?
Section 55 of the Community Charter already authorizes local governments to establish a bylaw requiring an engineer or architect to certify building plans submitted with permit applications relating to
- site conditions,
- the size or complexity of developments, or
- aspects of developments.
In addition to this existing authority, Bill 10 enables local governments to require a building specialist, as designated by the Association of Professional Engineers and Geoscientists or the Architectural Institute of BC, to certify these plans. It is expected that local governments will look to these specialists for the application of complex building technologies like rainscreens and green buildings.
Does Bill 10 allow local government to establish more stringent technical standards for buildings?
No. Buildings and structures are an area of concurrent authority between local governments and the Province. It is the Province that establishes technical building standards through the B.C. Building Code and regulations (Local Government Act Section 692(1)). Concurrent authority means that the Province must be consulted and must agree with any local building bylaws which would impose technical building standards different than those established by the province.
What powers does Bill 10 provide to local government?
Bill 10 provides enabling powers for local governments to achieve compliance with the upcoming new green provisions of the building code. It also provides local government with authority to make building bylaws relating to the accessibility of buildings for people with disabilities. Any technical building bylaws are subject to concurrent authority. This means that the Province must be consulted and must agree with any local building bylaws which would impose technical building standards different than those established by the Province.
What will the introduction of binding interpretations do?
Interpretations will provide clarity in situations where the Building Code may be repeatedly misinterpreted, ensuring builders and developers will have clear, consistent information on how to apply the Building Code to construction projects.
What will trigger a binding interpretation?
The Province will issue binding interpretations in response to repeated misinterpretations of the Building Code. The province gets this information based on feedback from those who use the Code everyday. The Province will issue these interpretations for common misinterpretations, and will not be issuing these interpretations on specific individual projects.
How will binding interpretations be enforced?
Local governments are empowered to administer and enforce the Building Code. They must consider binding interpretations when administering and enforcing the code.
What are the changes to green the B.C. Building Code?
The greening of the B.C. Building Code is a separate, but related, ongoing initiative. The first stage will focus on changes that will reduce the amount of water and energy used in buildings, lowering greenhouse gas emissions. The Province will provide more details about these changes in the coming weeks. |
