Construction of sound, safe buildings and structures is fundamental. Building codes and regulations provide these minimum safety standards. Most codes and regulations were established to protect the public, that is, to prevent and mitigate such hazards as structural collapse, fire, accidents, and disease. Some regulations ensure safe buildings by requiring an adequate supply of potable drinking water, sanitary conveniences, minimum spatial dimensions, and illumination levels, and other features which affect the building design. However, not all regulations govern building safety. A municipal zoning by-law or land-use regulation, for example, regulates land use and density as well as the bulk, height, and location of buildings. Such a regulation, which is intended to govern the planned and orderly development of the municipality, can markedly affect the architectural design of a building.

It is important for the architect to be aware of what they are and what they are not responsible for on the construction site. For example, the contractor is responsible for adhering to provincial construction safety laws and for the permits around scaffolding, and mud tracking bonds.

The construction contract administrator must be aware of not only the building permit requirements but also the site plan agreement conditions that may include regulatory requirements of other authorities having jurisdiction. For example, the local conservation authority may have imposed a construction buffer adjacent to a regulated area (wetland, watercourse etc.). Construction impact on the buffer zone could result in harsh consequences for the project such as fines and/or construction delays.

Most Authorities Having Jurisdiction encourage early consultation to clarify zoning bylaws and building code requirements before the construction documents are advanced. In some instances, the Authority requires payment of the permit fee before providing consultation. For major projects, it is advisable to hold a series of meetings with the Authority as the design progresses. Minutes of these meetings should be prepared and distributed. Such consultations will help to encourage cooperation, improve communications, and resolve differences of interpretation with respect to the zoning bylaw or building code. This in turn will help avoid the costly delays that result from revisions to construction documents.Early consultation with the Authority also enables the architect to determine which approvals from other government bodies will be needed to obtain the building permit. As well, the Authority becomes familiar with the pending application and should be able to process it more efficiently.It is good practice for the architect to include a detailed schedule or building code analysis as part of an application for a building permit. This analysis may be part of the construction documents.

Architects are also advised to submit the building permit application — completed and signed by or on behalf of the client — before or during the call for bids, together with the permit fee. This allows the building department to review the plans and prepare the building permit for the successful bidder before construction contract award. Such a procedure avoids potential delays and allows time to make changes to the plans before the contract is signed. Some owners require the successful contractor to obtain and pay for the building permit, which may result in delays. The architect should develop professional relationships with building officials and deal with any conflicts in code interpretation tactfully.

 

CHOP 1.2.4
Practice Tips