Imagine you have been retained by a client to provide documents suitable for building permit submission, to assist in the preparation of the building permit application, and to submit the documents on the client’s behalf. The client hasn’t committed to proceeding with construction until pricing is obtained, and consequently has not retained you to do anything beyond the permit process. As part of the paperwork to be completed, the building department wants you to sign a commitment to perform general review. What would you do?
Options
- Sign and submit. Deal with any ramifications later.
- Refuse to sign the form. Why commit to something that’s not in the scope of work.
Analysis
Long before applying for a building permit, the building’s area, height in storeys, and occupancy classification will have been determined. Based on this information, consulting OBC Division C, Part 1, Table 1.2.2.1 will indicate whether or not general review is required.
Where general review is not required by the building code, members should not sign a general review commitment certificate. Some municipalities inappropriately request that members sign such a commitment. There is no requirement for holders to do general review just because a holder designed a project. However, only a holder can do the general review of a project designed by a holder. There is no requirement for the holder who designed the project to be the holder who does the general review. There is no authority for anyone to require general review except in accordance with the provisions of OBC Division C, Part 1, subsection 1.2.2.
Where general review is required by the OBC, and the holder has been retained by the client to provide general review, the holder should sign the general review commitment as part of the building permit application process.
Where general review is required by the OBC, and the holder has not been retained by the client to provide general review, the holder should not sign the general review commitment as part of the building permit application process. Well before the building permit application is submitted, the holder should discuss with the client the need for general review, and for the client to retain a holder to provide general review services. The holder who will be providing general review services is the one who should sign the commitment.
General review is performed to protect not only the client’s interests, but also the safety of the public. When a holder signs a general review commitment, it creates an expectation the holder will provide general review services to the standards of the profession (whether or not they receive appropriate—or any—compensation for the work.
For the sake of expediency or to save time in the schedule, clients may request a holder sign a general review commitment at the time of permit submission with a promise of signing a contract with the holder or with another holder before construction starts. Holders should resist any such pressure.
Suggested resources to consult
Regulation 27, Section 42.2, 42.15,
Practice Tip PT.05 General Review – Building Code (BC) and Non-Code Related Matters
Practice Tip PT.08 Application for Building, Demolition or Conditional Permits - Architect’s Participation in the Permit Process
Regulatory Notice RN.06 General Review - Professional Standards for Building Code Related Matters