If an architect wants to use Part 9 fire-resistance tables for a 4 story wood frame residential building, would this require an alternative solution and a variance or should the architect's stamp on the drawing be enough for a Safety Codes Officer to issue a permit?  If required, how would a variance be justified?

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The building identified in this question requires professional involvement in accordance with Subsection 2.4.2 of the Safety Codes Act (SCA)/National Building Code - Alberta Edition (NBC-AE), Sentence 6 of the Architects Act (AA) and Sentence 6 of the Engineering and Geoscience Professions Act (EPGA) due to its size and occupancy. Article 1.3.3.2 of NBC(AE) states that Parts 3, 4, 5 and 6 apply to this building. Article 3.1.7.1 of NBC-AE references "CAN/ULC-S101 - Fire Endurance Tests of Building Construction and Materials” and Appendix D as acceptable methods for determining the fire-resistance of Part 3 assemblies even though assemblies in Table 9.10.3.1.-A and Table 9.10.3.1.-B are sometimes similar. Appendix D is limited to wood and steel framed walls, floors and roofs having ratings not greater than 90 minutes therefore ULC-S101 would need to be used to find appropriate assemblies for different construction types and where ratings of greater than 90 minutes are required. An architect applying seals to documents for this project is expected to demonstrate to the Authorities Having Jurisdiction that the designed assemblies comply with Article 3.1.7.1. It is reasonable for Authorities Having Jurisdiction to request information from the architect to demonstrate the designed assemblies comply with Article 3.1.7.1. It is very likely that a designer would be able to find all of the design assemblies required for the noted project from a combination of Appendix D and ULC-S101. A variance would only be required if a design assembly were proposed that could not be found from these sources which would likely be an impractical, costly and time-consuming process.

Should development applications from non-professionals be accepted by planning and development permit authorities on building projects that require professional involvement?

Please advise on the processes currently used by jurisdictions to confirm that development permit documents have been properly sealed and authenticated in accordance with the Architects Act.

During the webinar it was mentioned that development permit documents must be authenticated as a method to eliminate illegal practices. When will it be implemented?

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Development permit applications should not be accepted by non-professional entities for buildings where professional involvement is required since such services fall within the exclusive scope of practice of architecture or licensed interior design in accordance with the Architects Act and General Regulation. Jurisdictions that accept drawings and information at the development permit stage prepared by non-professionals are enabled illegal practices which is a direct violation of the Architects Act. Consequentially, the violation of the Architects Act in this regard also violates the Safety Codes Act.

As building codes have evolved over recent years to embed environmental, energy and daylighting requirements, the planning and design decisions made at the development permit stage have become inextricably linked to latter stages of the design. This is just one of many examples as to why the same design professional should be involved through all stages of the design and construction review.

The AAA considers documents submitted at the development permit stage as “documents of a professional nature” which may only be prepared by authorized entities registered through the AAA. All development permit documents must be sealed in accordance with Practice Bulletin 15 - Documents Authentication.

The AAA recognizes the sealing of documents at the development permit stage is a relatively new clarification of the Architects Act Bylaws and practice policy update. Municipal practices to review for professional involvement and sealed documents at the development permit stage vary throughout the Province. So while it is expected that AAA members immediately adopt the policy by sealing and qualifying all documents submitted at the development permit stage, it is recognized that authorities having jurisdiction are at different stages of implementation to review for professional involvement and for sealed records at the development permit stage.  

The AAA continues to assist authorities in their transition towards full compliance with all aspects of Practice Bulletin #15.

Over recent years, the AAA has also observed there are several non-professional entities attempting to fraudulently provide the services of registered design professionals including the use of business names and other graphic notations that are deliberately designed to deceive authorities about their credentials. AAA members and authorities having jurisdiction are also strongly urged regularly reference the AAA firm and membership directory and/or contact the AAA Registrar directly to confirm that development and building applications are indeed registered and in good standing with the AAA. The AAA has recently employed the services of an Illegal Practices Administrator and Director of Regulatory Affairs to actively mitigate illegal practices and to ensure that authorities having jurisdiction are properly monitoring for professional involvement on building projects when professional involvement is required. The monitoring of seals is the best method for all industry partners to monitor for compliance.

In the past, some municipalities have issued permits without professional involvement for multiple family residential buildings above the exemption limits where the project scope affects building-wide systems such as common vertical service spaces, HVAC systems, etc. Is this an acceptable practice?

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A number of question and answers will be separately added and posted to this location once confirmed by the co-presenter organizations.

Please clarify the requirements of Sentence 2.4.2.1.(4) in the National Building Code - Alberta Edition that refers to design documents that may be "...imprinted with the seals or stamps of either a registered architectural professional, or one or more registered engineering professionals qualified to engage in the appropriate combination of those branches of engineering…"

Is an engineer allowed to take on architectural responsibilities noted in the A, B and C Schedules? Under what conditions can an engineer apply for permits without architectural stamps or an architect provide engineering services? Can an engineer provide building envelope design services in Alberta?

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These are very important questions as they represent methods of enabling illegal practices by authorities having jurisdiction and a frequent area of misapplication of both the Safety Codes Act/National Building Code - Alberta Edition (NBC-AE) and the Architects Act which has been observed by the AAA in some jurisdictions in the Province.

Anyone may provide design services on buildings that are exempted by the Architects Act, Engineering and Geoscience Professions Act and the Safety Codes Act/National Building Code – Alberta Edition. A Safety Codes Officer has the authority to require professional involvement on such building or building systems at their sole discretion. The AAA encourages that professional involvement be provided on all disaster services buildings regardless of the size and type.

Under no circumstances is it acceptable under the Architects Act or Engineering or Geoscience Professions Act for an architect or engineer to provide the services of the other on building projects requiring professional involvement unless registered as an “architects and engineers firm”/“joint firm” or “restricted practitioner” as approved by the “Joint Board” of the AAA and Association of Professional Engineers and Geoscientists of Alberta (APEGA) or having obtained the written permission from the Council of the other Association on a project specific basis. This professional practice legislation is supported by sentence 2.4.2.1.(2) of NBC-AE. Sentence 2.4.2.1.(4) may not be read independently from 2.4.2.1.(2).

Sentence 1.4.1.2 of NBC(AE) limits engineering work to the preparation of documents used to communicate the design for structural, mechanical and electrical building systems and geotechnical work and excludes architectural work. Licensed interior design is the portion of architecture work that is defined by the Architects Act and General Regulation. Architectural work does not include engineering work.

The ability for an engineer to provide professional services in other jurisdictions outside Alberta similar to those protected by the Architects Act and NBC-AE is not appropriate rationale for enabling engineers to provide the services of an architect or licensed interior designer, especially at the development and building permitting stages. As a related matter, the design of new or altered building envelopes falls within the exclusive scope of architect who may choose to engage the services of an engineer to advise on aspects of the design.

Some authorities having jurisdiction in Alberta are issuing building permits for interior renovation projects in buildings that require professional involvement and/or are issuing occupancy permits without obtaining the National Building Code - Alberta Edition (NBC-AE) C Schedules of Professional Involvement from the design professionals. Please advise.

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A number of question and answers will be separately added and posted to this location once confirmed by the co-presenter organizations.

Do authorities having jurisdiction accept building packages certified through "CSA-A660 Quality Certification for Steel Building Systems" and "CSA-A277-16 “Procedure for certification of prefabricated buildings, modules, and panels” in place of sealed design documents?

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"CSA-A660 Quality Certification for Steel Building Systems" and "CSA-A277-16 “Procedure for certification of prefabricated buildings, modules, and panels” are product and factory development standards for major building systems and components as required by the National Building Code - Alberta Edition. Authorities having jurisdiction should not be accepting building that are certified through these standards in lieu of a complete set of sealed documents from the design professionals involved in the project. In all instances in Alberta where building products certified through these standards are used, coordinating, architectural and engineering design professionals registered in Alberta must be involved in the project regardless how nominal their involvement may seem. The design professionals involved may choose to certify all aspects of the building design themselves or rely upon the sealed designs for portions of the project that have been reviewed and accepted by design engineers to the product/building system suppliers.

Which building code should be followed in First Nation communities?

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The application of a building code and professional involvement policies may vary substantially for each First Nations band depending on the legislation under which the band is governed, the building type and building project funding sources and the unique land ownership and/or leasehold conditions that may apply to each building project.

In general terms, the authority for the development of buildings and professional involvement requirements lie with a combination of band councils and the Minister of Indigenous Services for those bands that are governed under the Indian Act or with band councils for those bands that are self-governed under the First Nations Land Management Act. While the National Building Code, which is a model or suggested building standard, has been chosen for adoption or modified and adopted by all provincial and territorial governments across Canada, not all band councils recognize the National Building Code nor the code of the provincial or territorial jurisdiction in which they reside. For some First Nations bands, building code and professional involvement policies may not be in place.

Notwithstanding, the National Building Code and the involvement by design professionals often apply to building projects on First Nations land governed under the Indian Act and funded through the Minister of Indigenous Services as a condition of project funding support or through the conditions of project funding programs such as the Canada Housing and Mortgage Corporation (CMHC) for First Nations housing programs.

In accordance with Section 9.111(1) of the Architects Act Bylaws, AAA members providing professional design services on first nations land or otherwise should sign and seal “…all plans, specifications, reports or documents of a professional nature…” such as those required to support a building permit application process or those used for the purpose of construction. Practice Bulletin 15 – Documents Authentication should be referenced as a guide for determining when a seal should be applied.

In addition to the current versions of the Indian Act and the First Nations Land Management Act, there are many good resources that are available online that are specifically related to your inquiry. Alberta Association of Alberta (AAA) members providing professional design services for First Nations clients are encouraged to consult with their own legal counsel and professional liability insurance providers for further advise and to determine whether any insurance limitations or reporting requirements apply to such projects.

Are engineers permitted to sign and seal development and building permit documents for exterior cladding replacement projects?

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In Alberta, engineers are not permitted to prepare of submit design documents for new or altered building envelopes without the involvement of an architect. Please refer to the responses provided in other sections of this report titled "Professional Involvement: Architects and Engineers Providing Services of the Other" and "Professional Involvement: Building Envelope & Energy Management Projects."

Are the professional involvement requirements determined on the basis of the building or project area?

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A number of question and answers will be separately added and posted to this location once confirmed by the co-presenter organizations.

Are there any Practice Bulletins that provide detailed information about who is responsible for the design of building envelopes and energy managements systems?

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There are currently no AAA Practice Bulletins that deal specifically with this question, however, a combination of the scope of practice for architecture and engineering as defined and limited through the Architects Act, Engineering and Geoscience Professions Act and the National Building Code - Alberta Edition should be carefully reviewed. Please also refer to the detailed response in this webinar series report titled: "Professional Involvement: Architects and Engineers Providing Services of the Other" and "Professional Involvement Requirements on Building Envelope Projects."

In accordance with the legislation in its entirety, is very clear that an architect must maintain responsibility for the design of all new and altered building envelopes and for the design of the environmental separation and energy management systems. However, in many instances, it is appropriate to draw of specialty input of engineering professionals particularly when the design involves mechanical and electrical engineering systems. Under no circumstances may an architect absolve themselves of these responsibilities. At an academic level, architecture involves the integrated design of all building and site spaces, components and systems. This is why it is most common that architects maintain the role of the coordinating registered professional except on projects where are truly limited to specific engineering systems and have absolutely no impact on any other aspects of the architectural design. There are many other aspects of building design projects, such as in the design of fire safety and acoustic systems, etc., where a combination of design leadership is required by the architect and specialty input required by engineering professionals.