RESULTADOS Y DISCUSIÓN
4.1. AISLAMIENTO DE MICROORGANISMOS
The client, the architect, consultants, and the contractor may all have to deal with various Authorities Having Jurisdiction.
The Authority and the Client
The client may become directly involved with an authority during the pre-design stages.
Experienced clients may also make initial inquiries to the authorities prior to the appointment of an architect, or in conjunction with the architect. The client may apply directly for the building permit.
If a permit is denied, even when all documentation for compliance with zoning bylaws and the building codes is provided, the client should consult the architect. If necessary, legal counsel can be sought.
Canadian Handbook of Practice for Architects September 1999
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Enabling Legislation
Adopting and enforcing codes and statutes requires federal or provincial legislation. Under the British North America Act, and its successor, the Constitution Act, responsibility for building regulation rests with the provinces (except for buildings on federal land). Enabling provincial legislation authorizes municipal councils (and others) to appoint staff and assign duties and responsibilities to administer regulations.
Sometimes, codes are provincially enacted;
sometimes, they are municipal bylaws. The local municipal building official usually administers the building code by means of the building permit and building inspection processes.
Building officials are empowered to determine that the erection and maintenance of buildings comply with these regulations.
National Building Codes
The National Building Code (NBC) of Canada is a “model” code. The NBC is a code of regulations for public health, fire safety, and structural sufficiency with respect to buildings. It establishes a minimum standard of safety and accessibility for the construction of buildings (including extensions and alterations), the evaluation of buildings involving a change of occupancy, and upgrading of buildings to remove an unacceptable hazard. Serving as a basis for other building codes, the NBC is modified to reflect regional requirements or procedures and then adopted as a provincial or municipal building code.
The National Fire Code is also a model code of minimum requirements to ensure an acceptable standard of fire prevention, fire fighting provisions, and life safety in existing buildings and within the community at large.
Although life safety is the primary objective of the National Fire Code, it also includes measures of property protection to the extent that they make a direct contribution to life safety and for the purpose of controlling conflagrations or large loss fires.
The National Plumbing Code (Part 7 of the NBC) covers the design and installation of plumbing systems in buildings.
The National Farm Building Code deals with the particular requirements for farm buildings.
The National Housing Code and Illustrated Guide is a compendium of requirements in the National Building Code which apply to detached, semi-detached, and row houses.
The Model National Energy Code of Canada for Buildings and the Model National Energy Code of Canada for Houses provide standards for the construction of energy-efficient buildings.
These codes are “model” documents only and must be adopted provincially in order to come into effect.
The Canadian Commission on Buildings and Fire Codes (CCBFC) issues the National Building Codes, written by various technical committees and published by the National Research Council of Canada. A process is currently underway to revise the NBC by using
“objective-based” requirements to make it more logical, understandable, and flexible.
The Building Permit and Inspection Process The client or his/her agent (sometimes the architect) must submit an “application to build”
to local building officials, and usually must verify the correctness of the application by a statutory declaration. The application is accompanied by a stipulated number of sets of architectural, structural, mechanical, and electrical documents for the proposed building.
Officials review the application for compliance with municipal bylaws, regulations, and the building code. Other municipal bodies — such as fire, planning, health, and public works departments — may also review the application.
When the documents are approved, a building permit is issued. The applicant is advised of any non-complying items.
During construction, municipal building officials review the work for general compliance with the approved documents and building codes.
In the case of deviations, revised plans must be submitted to and approved by the building department.
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September 1999 Canadian Handbook of Practice for ArchitectsBuilding officials are authorized to:
• issue compliance orders;
• stop work until corrections have been made;
• lay charges in the case of serious infractions.
Building officials deal primarily with contractors;
however, they are also often in contact with project architects, who must review and confirm that the work generally conforms to the documents forming the basis of a building permit.
Other levels of government may also require the submission of construction documents. These Authorities Having Jurisdiction could include:
• the regional, provincial or federal departments of labour;
• public health departments;
• roads, transportation, and communications authorities;
• the office of the fire marshal.
Building Officials Building officials:
• require and receive applications to erect, enlarge, alter, demolish or move buildings;
• review plans, specifications, and reports to determine that the proposed work meets all applicable regulations;
• issue a permit to commence construction, when the application is complete and complies with all applicable regulations;
• inspect construction in progress for compliance with the approved documents and applicable regulations;
• report contraventions to the appropriate persons;
• issue orders to correct outstanding contraventions prior to use or occupancy, or sooner where circumstances dictate;
• initiate action according to policy when orders are not carried out within the stipulated time;
• issue a certificate of compliance or a similar document when regulations have been met;
• assess unsafe and inadequately maintained conditions within buildings and order corrective action;
• exercise judgement in the application of regulations;
• keep records as required;
• report regularly to managers and municipal councils;
• review proposals for equivalencies to code requirements.
Building officials must be well-versed in the regulations and their application, and must understand their importance to public safety.
They must:
• know the current legislation;
• be aware of changing building technology and its effects;
• have an understanding of what best serves the public interest.
Building officials must also interpret the meaning of the regulations, their current relevancy, and the need for change. To do so, the officials must communicate effectively with:
• the public, to help the public understand regulations and procedures;
• municipal councils;
• design professionals;
• the construction industry;
• associations concerned with public safety in buildings and structures;
• committees and persons who prepare regulations;
• other building officials.
Relationships with Authorities
The client, the architect, consultants, and the contractor may all have to deal with various Authorities Having Jurisdiction.
The Authority and the Client
The client may become directly involved with an authority during the pre-design stages.
Experienced clients may also make initial inquiries to the authorities prior to the appointment of an architect, or in conjunction with the architect. The client may apply directly for the building permit.
If a permit is denied, even when all documentation for compliance with zoning bylaws and the building codes is provided, the client should consult the architect. If necessary, legal counsel can be sought.
Building Regulations and Authorities Having Jurisdiction Chapter 1.2.4 Volume 1
Canadian Handbook of Practice for Architects September 1999
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Enabling Legislation
Adopting and enforcing codes and statutes requires federal or provincial legislation. Under the British North America Act, and its successor, the Constitution Act, responsibility for building regulation rests with the provinces (except for buildings on federal land). Enabling provincial legislation authorizes municipal councils (and others) to appoint staff and assign duties and responsibilities to administer regulations.
Sometimes, codes are provincially enacted;
sometimes, they are municipal bylaws. The local municipal building official usually administers the building code by means of the building permit and building inspection processes.
Building officials are empowered to determine that the erection and maintenance of buildings comply with these regulations.
National Building Codes
The National Building Code (NBC) of Canada is a “model” code. The NBC is a code of regulations for public health, fire safety, and structural sufficiency with respect to buildings. It establishes a minimum standard of safety and accessibility for the construction of buildings (including extensions and alterations), the evaluation of buildings involving a change of occupancy, and upgrading of buildings to remove an unacceptable hazard. Serving as a basis for other building codes, the NBC is modified to reflect regional requirements or procedures and then adopted as a provincial or municipal building code.
The National Fire Code is also a model code of minimum requirements to ensure an acceptable standard of fire prevention, fire fighting provisions, and life safety in existing buildings and within the community at large.
Although life safety is the primary objective of the National Fire Code, it also includes measures of property protection to the extent that they make a direct contribution to life safety and for the purpose of controlling conflagrations or large loss fires.
The National Plumbing Code (Part 7 of the NBC) covers the design and installation of plumbing systems in buildings.
The National Farm Building Code deals with the particular requirements for farm buildings.
The National Housing Code and Illustrated Guide is a compendium of requirements in the National Building Code which apply to detached, semi-detached, and row houses.
The Model National Energy Code of Canada for Buildings and the Model National Energy Code of Canada for Houses provide standards for the construction of energy-efficient buildings.
These codes are “model” documents only and must be adopted provincially in order to come into effect.
The Canadian Commission on Buildings and Fire Codes (CCBFC) issues the National Building Codes, written by various technical committees and published by the National Research Council of Canada. A process is currently underway to revise the NBC by using
“objective-based” requirements to make it more logical, understandable, and flexible.
The Building Permit and Inspection Process The client or his/her agent (sometimes the architect) must submit an “application to build”
to local building officials, and usually must verify the correctness of the application by a statutory declaration. The application is accompanied by a stipulated number of sets of architectural, structural, mechanical, and electrical documents for the proposed building.
Officials review the application for compliance with municipal bylaws, regulations, and the building code. Other municipal bodies — such as fire, planning, health, and public works departments — may also review the application.
When the documents are approved, a building permit is issued. The applicant is advised of any non-complying items.
During construction, municipal building officials review the work for general compliance with the approved documents and building codes.
In the case of deviations, revised plans must be submitted to and approved by the building department.
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September 1999 Canadian Handbook of Practice for ArchitectsVolume 1 Chapter 1.2.4 Building Regulations and Authorities Having Jurisdiction
Refer also to Chapter 2.3.10, Contract
Administration — Office Functions, for Letters of Assurance in British Columbia. These documents, required at the building permit and occupancy permit stages, indicate the code-related responsibilities of the owners, architects, and engineers.
The Authority and the Contractor
Contact between the Authority Having Jurisdiction and the contractor normally occurs after the building permit is issued. Without the building permit, the contractor cannot legally begin construction. Permit delays can be extremely costly, as workers and equipment stand idle and contractual obligations are unfulfilled.
In many cases, the contractor is responsible for:
• obtaining a permit from the municipality to occupy public property for the construction of a hoarding or covered way for public protection;
• designing the shoring for excavation or other temporary structures such as scaffolding or guards;
• obtaining separate approvals from the building departments such as a demolition permit or a sewer connection permit.
During construction, the contractor must keep the approved building permit documents on the job site so that the building official can consult them and be satisfied that construction is in general compliance with the approved documents. The contractor must not deviate from these documents without consent of the authority and the architect, and the architect must notify the authorities of any changes. To avoid problems, the architect should review any significant changes with the Authorities Having Jurisdiction, prior to preparing instructions or Change Orders for the contractor.
The contractor has a responsibility as“constructor”
to strictly adhere to the applicable construction safety act and regulations. In some instances and in certain jurisdictions, the owner may be the
“constructor” and is therefore responsible for construction safety. The situation usually occurs when the owner is performing some of the work directly or has hired more than one contractor.
Safety officials inspect construction operations frequently and have the authority to issue
compliance or stop work orders in the event of infringements. Refer also to Chapter 1.2.1, The Construction Industry.
The architect should be aware that the architect and all employees of the architect are also subject to the construction safety act and regulations.
Approvals
The following authorities are listed in the approximate chronological order in which they may be contacted by the architect.
Planning:
• planning department — for architectural and site control, consultation, and zoning bylaw interpretation;
• committee of adjustment, or planning board, or committee of variance — for minor variances;
• planning board or committee or advisory planning commission — for initial approvals;
• municipal council — for approvals such as re-zoning and special agreements;
• provincial municipal board — for contentious council decisions;
• design panel.
Canada Mortgage and Housing Corporation (CMHC):
CMHC should be consulted early in the process for multiple-unit residential projects involving CMHC financing.
Roads and Highways:
• provincial highways authority — consult early in the design stage for approval required for projects abutting major highways outside metropolitan areas;
• provincial, county, metropolitan or regional planning and traffic authorities, and roads departments — consult early in the design stage for approval of entrances, exits, grades.
Environment, and Water Resources:
• consult regarding approval if land abuts or includes flood plains, water courses, streams, and low-lying areas or ravines;
• consult regarding approval for both land use and sewage systems for projects which have no municipal sewage available to property, for example, cottages or resort hotels;
Canadian Handbook of Practice for Architects September 1999
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September 1999 Canadian Handbook of Practice for ArchitectsThe following are possible legal procedures affecting the construction of buildings:
• an injunction;
• a mandamus.
An injunction is sought when a public body applies to the court for an order restraining a private individual or other body from violating an applicable law. In the construction industry, it is often applied to stop an individual or company from constructing a building contrary to regulations, codes or bylaws. A typical example is a “stop work order.”
A mandamus is an order directing a public body to exercise a public duty, such as the issuance of a building permit. If a municipality refuses to issue a building permit and forces the client to apply to the court for a mandamus, the architect must be sure that all building plans and specifications comply fully with municipal bylaws and building codes.
The Authority and the Architect
For the architect, the most important Authorities Having Jurisdiction are those which administer the zoning and development bylaws and the applicable building code.
Analysis of zoning and code requirements commences early in the design of a project and the architect begins the process of communication with the various Authorities Having Jurisdiction. Together with the sub-consultants, the architect will usually be the prime contact with authorities during the design and contract document stages. Refer to Chapter 2.3.5, Schematic Design.
The architect must be thoroughly familiar with the building code. It contains many requirements, in addition to structural ones, which affect the design of the building, such as:
• window openings;
• means of egress;
• design of stairways and their enclosures;
• openings between floors;
• compartmentalization for fire safety;
• accessibility for persons with disabilities;
• travel distance to exits.
Most officials encourage early consultation with architects to clarify zoning bylaws and building code requirements before the construction documents are advanced. In some instances, the local 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 Having Jurisdiction 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 building officials 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.
Refer also to Chapter 2.3.10, Contract
Administration — Office Functions, for Letters of Assurance in British Columbia. These documents, required at the building permit and occupancy permit stages, indicate the code-related responsibilities of the owners, architects, and engineers.
The Authority and the Contractor
Contact between the Authority Having Jurisdiction and the contractor normally occurs after the building permit is issued. Without the building permit, the contractor cannot legally begin construction. Permit delays can be extremely costly, as workers and equipment stand idle and contractual obligations are unfulfilled.
In many cases, the contractor is responsible for:
• obtaining a permit from the municipality to occupy public property for the construction of a hoarding or covered way for public protection;
• designing the shoring for excavation or other temporary structures such as scaffolding or guards;
• obtaining separate approvals from the building departments such as a demolition permit or a sewer connection permit.
During construction, the contractor must keep the approved building permit documents on the job site so that the building official can consult them and be satisfied that construction is in general compliance with the approved documents. The contractor must not deviate from these documents without consent of the authority and the architect, and the architect
During construction, the contractor must keep the approved building permit documents on the job site so that the building official can consult them and be satisfied that construction is in general compliance with the approved documents. The contractor must not deviate from these documents without consent of the authority and the architect, and the architect