The majority of Canada allows Building Designers to practice freely in Part 9 of the Building Code, in British Columbia the practice of Architecture is governed by the Professional Governance Act with additional restrictions on Building Designers.

BC Building Code Part 9 vs the Architects Regulation under the PGA

All Building Codes in Canada are based on the National Building Code and are then in some cases adapted by provinces to meet local needs. Part 9 is a section in all Canadian Building Codes that governs design and construction of Residential and Small Buildings. This section of the code is drafted with prescriptive requirements that allow for safe construction of buildings included in Part 9. The majority of provinces and territories accept Part 9 as providing the required information for designers to provide construction and permit drawings without the need for an Architect or an Engineer. The provinces of Alberta, Ontario, Newfoundland, and Nova Scotia place minor restrictions on Designers practicing in Part 9. Quebec marches to the beat of it’s own drum and places significant restrictions on Designers. What is the situation in British Columbia?

The BC Architects Act, originally drafted in 1920 (over 20 years before Canada had it’s first Building Code) limited the design of buildings in Part 9 to an excessive degree and was in force until February 10, 2023. The BC Architects Act was an important document when it was first drafted because there were no building codes to enforce safe construction practices. In 2021 the National Building Code of Canada turns 80 and has proven without question that Part 9 buildings can be built safely without the need for an Architect or Engineer. The BC Building Code has the same provisions in Part 9, however the ability to design without an architect was limited by the Architects Act. The BC Government has brought in the new Professional Governance Act that has replaced the Architects Act with an updated Architects Regulation.

The 1941 National Building Code presumed professional training but most small municipalities did not employ professional staff to administer their building bylaws. To meet their needs, the Associate Committee prepared a short form of the National Building Code in 1951, “A Building Code for Small Municipalities.” This code provided model bylaws and mainly prescriptive requirements for the range of small buildings typical of rural and small communities. It did not require professional knowledge. This second code eventually was incorporated into Part 9 of the National Building Code. - A Brief history of the National Buildings Code of Canada Archer, J. W.

To help with the transition of the AIBC (Architects Institute of BC) under the PGA (Professional Governance Act) the restrictions imposed upon the scope of practice for Building Designers will remain essentially the same. Whether these restrictions will remain the same or be adjusted in the future, or whether ASTTBC registrants will see a enlarged scope of practice remains to be seen. For a comparison of what Part 9 allows Designers to do and what the new Architects Regulation restricts them from doing see below. The BCABD would like to preserve the rights of Designers and realize a legislated right to independent practice. Our organization will continue to advocate that Designers have the right to freely practice in Part 9 of the BC Building Code. (Please note that the following list is not all inclusive of all of the nuances of Part 9 of the BC Building Code, thus some other restrictions may apply to Designers, such as design of Post Disaster buildings.)

 PART 9 of the BC Building Code 2018 allows Building Designers to design:

RESIDENTIAL OCCUPANCIES
Single Family and other Residential
A Maximum Building Footprint of 600 m2
Maximum Gross Area of 2400 m2
Height of 3 Storeys plus Basement
(Basement not considered a storey if top of first floor is 2.0 m above grade or less)
No limit on number of dwelling units.
Building with both common exiting systems and firewalls require review by an architect.
Group C Building Classification

HOTEL OR MOTELS
A Maximum Building Footprint of 600 m2
Maximum Gross Area of 2400 m2
Height of 3 Storeys plus Basement
(Basement not considered a storey if top of first floor is 2.0 m above grade or less)
No limit on number of dwelling units.
Group C Building Classification

COMMERCIAL BUILDINGS
Business and Personal Services
and Mercantile Occupancies.
A Maximum Building Footprint of 600 m2

Maximum Gross Area of 2400 m2
Height of 3 Storeys plus Basement
(Basement not considered a storey if top of first floor is 2.0 m above grade or less)
Group D, E, Building Classifications

INDUSTRIAL BUILDINGS
A Maximum Building Footprint of 600 m2
Maximum Gross Area of 2400 m2
Height of 3 Storeys plus Basement
(Basement not considered a storey if top of first floor is 2.0 m above grade or less)
Group F2 and F3 Building Classifications

ASSEMBLY BUILDINGS
Buildings of Group A Classification are classified as
Part 3 Buildings except as permitted in BCBC 3.1.2.6.

HOSPITAL OR CARE HOME
Convalescent, Children’s Custodial, and Residential Care Homes.
Buildings of Group B Classification are classified as Part 3 Buildings except as permitted in BCBC 3.1.2.5.

POST DISASTER BUILDINGS
Post Disaster Buildings of Any Classification
Part 3 Buildings. The Authority having jurisdiction can determine some buildings such as fire, rescue, and police stations among others can be exempt from this requirement. *

BUILDING ALTERATIONS
A Maximum Building Footprint of 600 m2
Maximum Gross Area of 2400 m2
Height of 3 Storeys plus Basement
(Basement not considered a storey if top of first floor is 2.0 m above grade or less)
Group C, D, E, F-2, F-3 Building Classifications

REVIEW THE APPLICATION OF PART 9 OF THE BC BUILDING CODE 2018 FOR YOURSELF HERE

• There may be circumstances where the authority having jurisdiction would choose to exempt certain types of buildings or parts thereof from being designated as post-disaster buildings in order to permit them to be governed by Part 9 rather than by the rest of the Code. Such is the case in the following examples: an ambulance that is stored at a volunteer’s residence or a police station that is housed in a small shopping mall. The circumstances where such exemptions are permitted are intentionally limited by the definition of post-disaster building.

IMPORTANT: While every effort has been made to provide an accurate summary of the Architects Regulation BCABD cannot guarantee the interpretations above, and accepts no liability for errors. We recommend professionals consult the latest version of the Architects Act to determine for themselves the regulations before beginning any project.

The Architects Regulation allows Building Designers to design:

RESIDENTIAL OCCUPANCIES
Single Family and other Residential
A Building Footprint of 600 m2 or less.
Maximum Gross Area of 2400 m2 or less.
Height of 3 Storeys plus Basement
(Basement not considered a storey if top of first floor is 2.0 m above grade or less).
Maximum of 4 Dwelling Units per Building.
A mixed-use building with dwelling units that has a gross area of 470 m2 or less.
Building with both common exiting systems and firewalls require review by an architect.
Group C Building Classification

HOTEL OR MOTELS
A hotel as defined in the Hotel Guest Registration Act that has a gross area of 470 m2 or less.
Group C Building Classification

COMMERCIAL BUILDINGS
Business and Personal Services
and Mercantile Occupancies.
A Maximum Gross Floor Area
(Total of all floors) of 470 m2 or less.
Group D, E Building Classifications
INDUSTRIAL BUILDINGS

A Maximum Gross Floor Area
(Total of all floors) of 470 m2 or less.
Group F2 and F3 Building Classifications

ASSEMBLY BUILDINGS
Buildings of Group A Division 2 Classification permitted in BCBC 3.1.2.6.

Occupancy of 30 persons or less and other code requirements for fire protection.

HOSPITAL OR CARE HOME
Convalescent, Children’s Custodial, and Residential Care Homes.
To a maximum sleeping accommodation of not more than 10 persons as allowed in BCBC 3.1.2.5.

POST DISASTER BUILDINGS
Post Disaster Buildings of Any Classification
Part 3 Buildings. The Authority having jurisdiction can determine some buildings such as fire, rescue, and police stations among others can be exempt from this requirement. *

BUILDING ALTERATIONS
An alteration to a building that would otherwise require an Architect that does not include: 1) a change of building major occupancy; 2) the building’s structural integrity; 3) fire separations within the building; 4) the building’s closure;
5) the building exiting; 6) the building’s energy utilization; 7) access to the building for persons with disabilities.

COMMUNITY CARE AND ASSISTED LIVING

Design a day care for no more than 8 persons in care, a residence for no more than 10 persons of whom not more than 6 are persons in care. (See section 20 of the Community Care and Assisted Living Act)

PROFESSIONAL ENGINEERS

Professional Engineers are allowed to design buildings listed in Schedule 1 of the Architects Regulation without an Architect.

REVIEW THE NEW ARCHITECTS REGULATION FOR YOURSELF HERE

The Architects Regulation also reserves the titles architect, intern architect, and architectural technologist to registrants of AIBC. Building Designers would be careful not to use these designations in any way unless they are registrants of AIBC and carry that designation. (See Architects Regulation “Reserved Titles”)