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2.1.2 Code Review and Compliance

  1. Types of legislation that require compliance

    For a project to be designed and built, there are numerous laws, regulations, bylaws, codes, and standards that need to be followed through its design and construction. These applicable laws can be categorized into at least six groups:

    • Building Codes
    Building codes are regulations made under provincial building code acts that set out technical and administrative requirements. The Ontario Building Code (OBC) (a regulation under the Building Code Act) includes requirements for public health and safety, fire protection, structural                      sufficiency, energy conservation, water conservation, environmental integrity, and barrier-free accessibility of buildings. The architect must determine which laws are applicable to a project, depending on its size, occupancy, location, and whether it is provincially or federally regulated or on i    indigenous land. If it is federally regulated, the National Building Code (NBC) must be applied).

    • Regional regulations
    This group encompasses the requirements of entities such as the National Capital Commission federal land use, design and transaction approval, and conservation authorities. These entities may be involved in the project from the site plan control phase.

    • Municipal by-laws or land use regulation
    These differ from the building codes as they regulate a building’s allowable use and its integration with the rest of the urban fabric. This category includes zoning by-laws (e.g., requirements relating to setbacks, parking, maximum height, and lot coverage), waste management rules, urban          design guidelines, site plan control, and accessibility requirements (additional to the minimum set by the building code). Where the first group is developed at a federal/provincial level, these rules have a much smaller range of impact and may vary by municipality.

    • Accreditation entities
    These are not applicable to all projects and it needs to be determined if certain types of accreditations are required or not. Some examples of these entities include the Canadian Green Building Council LEED Certification, the Passive House Institute for PHI Certification, MLT for LTC Homes,      and the Canada Council on Animal Care for veterinary facilities.

    Client Policies
    Governments, large corporate, and institutional clients might have their own policies and design standards that the project needs to adhere to. Examples of these types of clients include universities and large chain stores.

    Standards
     A standard is a publication which describes recognized or approved procedures, practices, technical requirements, and terminologies. Compliance with a standard is not a mandatory unless it is referenced in a building code or other applicable legislation, thus making it a     requirement (e.g., CAN/ULC-S114 “Test for Determination of Non-Combustibility in Building Materials” referenced both in the NBC and OBC). Standards that are not referenced in the building code may still be relevant, particularly when a building is trying to achieve certain types of certification (e.g. B651 18 “Accessible Design for the Built environment” or the “Bird Friendly Design Standard”). 

    CHOP Chapter 2.5


  2. Achieving code compliance

    Laws, codes, and regulations must be reviewed to determine what is applicable to a project and forest the stage for the project’s compliance with such legislation throughout the entirety of the project. During construction, the contractor or construction manager is responsible for building according to the permit/contract documents. The holder takes on the role of reviewing the work and flagging any non-conformance, both to the contractor and client, as well as the AHJ. It is important to note that the architect reviews representative portions of the work during construction but does not do exhaustive inspections: the goal is to determine that general compliance has been achieved, not scrutinize every single brick with a fine-toothed comb. 
    It should be noted that AHJ and the holder may differ in their interpretation of regulations. The holder, while making reasonable efforts to address regulatory requirements cannot guarantee the outcome of regulatory reviews or the issuance of permits. 

    OAA Practice Tip PT.05
     


  3. Creating a methodology for review of drawings and compliance with applicable legislation
    There is no miracle formula on how to ensure compliance of a project’s design with all applicable law. Each person has their own processes that work well for them. The methodology described below is an example and should be adapted to suit individual needs.

    Step 1: Research
    To be done in Pre Design or Schematic Design phase.
    Collect initial project info (e.g. type of occupancy, location, existing site conditions) to determine which laws will be applicable. Nowadays, a lot of municipalities have their zoning by-laws online, which speeds up the process considerably. Determine the basic parameters such as allowable land use, minimum lot size, lot coverage, and infrastructure available. It is also at this stage, where a conversation with the client will determine if their expectations for the project will require further certification and compliance with voluntary standards (e.g., if a client wants to achieve Passive House Certification).

    Step 2: Consultation
    This step may not be needed for small scale projects in jurisdictions where there has been previous experience.
    Set up a consultation meeting with AHJs (municipality, region, conservation authority, Transport Canada, etc.) to review project information and confirm which legislation is applicable, and if the project will be subject to site plan control. This is also where it can be confirmed if the project will need a variance or alternative solution application).
    Where there are lingering questions regarding zoning or other issues, an in-personreview can be requested to resolve any issues and to confirm that the proposed project will be in compliance with all applicable law.

    Step 3: Design application
    Go from large to small scale – start applying the “big picture” regulations first to the design (e.g. zoning determining required number of parking spaces provided) and work your way down to the construction details (e.g. selection of cladding material conforming with the CAN/ULC – S102 standard referenced in the OBC).

    Step 4: Quality Assurance & Quality Control
    Internal review (by others) in the practice or by a third party. Ideally, quality assurance & quality control (QAQC) is developed as an integrated component of all the steps, so that it occurs on a daily basis, rather than being considered a separate step or add-on.

    Where QAQC is done as a separate exercise, it should not be overlooked regardless of the scale of a project. The results of QAQC may be used to ascertain if the practice is maintaining the standard of care required. The architect should ensure their fees include this step so that they are not paying out-of-pocket for it.

    References:

    CHOP Chapter 6.4.  Construction Document’s Quality Assurance and Quality control and  

    Appendix F  &  Appendix J   for an extensive checklist on what should be looked for when reviewing of drawings/specifications.


  4. Recommendations

    Code compliance is not usually considered one of the more exciting parts of a project. However, it is essential. Below are a few recommendations to ease a holder through this task:

    • Create a rapport with the AHJs – this helps solve problems faster, everyone is more likely to be on the same page, and reduces the likelihood of the design going too far based on incorrect assumptions or misinformation.  Refer to CHOP Chapter 2.4 for more information regarding relationships with authorities.
    • Always keep client informed of potential issues that might affect design, time frames, and/or costs.
    • Be diligent and review construction drawings internally. Do not skip this step, even if it is a small project. This will ensure that, if an issue arises, it is due to the circumstances described as an extra in OAA standard contracts, and not due to a lack of due diligence by the holder.
    • Use OAA templates  for the OBC Data Matrices, and create Zoning Data Tables that can be developed and adapted to bring greater accuracy and consistency to the review.


 
 
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