Attachment 16: 2024 06 17 - Stephen Patterson Email to Beckers

Good afternoon, Anna, and John,

I have been asked by Leanne to respond to your email dated May 30th, 2024, with the hope of clearing up any misunderstandings or miscommunication.

In 2019, you applied for a Building Permit to begin construction of your single-family dwelling located at 12 Vickery Rd. Based on the plans submitted, a Structural Engineer was required to be involved in the design of the building (this is required when any construction exceeds the design limits set out in the 2018 BC Building Code). This can be found under subsections A-2.2.7 Professional Design and Review and A-2.2.7.1.(1)(c)(i) Structural Components.

A-2.2.7. Professional Design and Review.

This Subsection provides for the use of what are generally called Letters of Assurance. The letters themselves, known as Schedules A, B, C-A and C-B and located at the end of Division C, are intended to put on paper the responsibilities of the owner and the various registered professionals in a construction project. The Letters of Assurance do not impose any additional responsibilities on the registered professionals, nor are they intended to alter the roles and responsibilities of the authorities having jurisdiction.

The Schedules have been very carefully scrutinized by the Province of British Columbia, Union of BC Municipalities, Building Officials’ Association of British Columbia, Architectural Institute of British Columbia, Association of Professional Engineers and Geoscientists of British Columbia and their respective legal counsel. The precise wording in the letters is extremely critical and must not be modified. Any notations on these Schedules which are absolutely necessary to suit a particular project must be clearly and legibly marked in ink on the copies.

It is typical that the registered professional responsible for the design is also responsible for the field review. There are instances where this is not the case and having a different registered professional doing the field reviews is unavoidable. Schedule C-B requires that the registered professional who provides the field review provide assurance that the building as finally constructed is in substantial conformance with the Code. In the event that another registered professional is to provide field review, the field reviewer takes on the responsibility to confirm that the construction substantially complies with the plans and supporting documents that were submitted for the building permit. The responsibility for code compliance of the design remains with the original registered professional who undertook the design. In this event, the Schedule C-B must be modified by the field reviewer by crossing out and initialing Clause (b)(i) and providing the effective transition date.

Note that Schedules A, B, C-A & C-B, as required by Subsection 2.2.7., must be signed, sealed and submitted to the authority having jurisdiction, as applicable for each specific project. Conditional or qualified Schedules are not typically acceptable. Any fire and life safety issue relative to the Schedule B disciplines is to be remedied before the Schedules C-A / C-B are released, not accommodated by conditions or qualifications placed on the Schedule or by any attached document. See the Guide to Letters of Assurance, available from the Building and Safety Standards Branch Web site, for more details.

A-2.2.7.1.(1)(c)(i) Structural Components.

The reference to “structural components of buildings that fall within the scope of Part 4” includes the situation where a building is classified under Part 9 due to its size and occupancy but also contains some structural components (such as beams supporting concentrated loads) which must be designed under Part 4. In this situation only Schedules B and C-B for the structural components are required. Schedule A and Schedules B, C-A and C-B relating to non-structural components are not required.

The above subsections emphasize the requirement for a Structural Engineer, including their Schedule B (provided with the BP application) and C-B (submitted before Occupancy) for the scope of your building permit.

The following subsections from Part 2 – Administrative Provisions of the 2018 BCBC clearly lay out the following parties’ responsibilities with respect to Schedules, field reviews and termination of Registered Professional of Record:

2.2.7.2 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).)

2.2.7.3 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.