BCBC 1998 = The BC Building Code, but it's not the final authority

NOW BCBC 2006 effective Dec/06

Many of the revisions to the BC Building Code in 1998 were a response to the Leaky Condo Crisis and the Barrett Commission report. In order to clarify legal liability responsibility issues for everyone involved in the construction industry, changes involved making various Certified Professionals responsible for specific building components. It's really about liability. The City will still hold the building owner ultimately responsible for their building. However, having Architects and Engineers Certify the work, at least gives the appearance of helping to reduce building problems. It also reduces the City's liability exposure.

Commercial renovation legal responsibility versus Residential Responsibility

What's the difference?

Although you might think the answer is obvious, it's not. The British Columbia Building Code ( BCBC 2006 ) is divided into (2) entirely separate sections, to deal with all the differences!

Commercial Renovation responsibility

As the name implies, commercial renovations are for the purpose of making alterations (in a specific building space), to a building who's dedicated to conducting a commercial business. The Building Code, Plumbing Code, Electrical Code, Fire Safety Code and numerous local City by-law provisions are much more strictly enforced than for residential construction. The main reason for all the rules governing commercial renovation practices, is to ensure the health & safety for everyone using the space. Trying to renovate any commercial space, without complying with all the various code and local by-law provisions, could result in serious legal and financial liability consequences, if anyone is injured as a result of your negligence. In short, commercial renovations are never do-it-yourself projects. Painting, flooring replacement (and any other decorating changes), are usually the exception. If there is any doubt regarding local by-law requirements, check with your local City Building Department BEFORE you begin the site work. Assuming you can... will frequently lead to a nasty (and expensive) surprise! The most common mis-conception about commercial renovation projects is, if we lease the space, we can do the renovation work ourselves. No, you can't! Your Landlord is legally responsible (to the City) and they simply can not allow un-qualified (un-licensed and un-insured) people to perform trades work on their building. We have been assisting our clients to avoid these costly mistakes for many years.

Residential Renovation responsibility

Residential renovation rules are much simpler to comply with. Since you will be the only people to occupy the space, safety (and liability) issues are slightly less important. Even so, many residential renovation projects turn into Horror Stories, simply because there are so many amateur and incompetent residential renovation contractors! Contact your local building department and the Better Business Bureau for current home renovation scams!

Your WCB or WorkSafe BC responsibility?

WorkSafe BC (formerly the Worker's Compensation Board of BC) will hold you (the property owner) legally responsible for all the workers on your renovation project. If you neglect to register your project (of more than 24 man-hours), you could be held responsible for a huge financial liability. We can show you how to protect yourself from this nasty surprise. Always get a clearance letter before you pay the final contractor invoices. We'll show you how. (See WorkSafe BC Information) You can be required to pay the Board for some (or all) of the money you owe to your contractor, (if he owes unpaid premiums to the board). You certainly don't want (or need) to pay both of them!

Who's responsible for getting a Building Permit?

Your local (City or Municipal) government will hold you, (the property owner) responsible for any remodeling or tenant improvements work performed on your building. You must ensure that all work performed meets both the Provincial Building Code (BCBC 1998) and local by-law provisions. Your District or local Building Inspector has the authority to enter your building, at any reasonable time, to inspect for code and by-law violations. Trying to hide remodeling work to avoid paying a Building Permit fee, could have serious consequences for the building owner. Don't let your renovation contractor play that game. When you get caught, you really lose. Commercial renovation (restaurant, store or office) projects are particularly dangerous to perform without a building permit. There are too many un-licensed renovation contractors operating in the Greater Vancouver area. You can use our Important Links page to contact your local building department for important consumer protection information about your local renovation contractors. You might also want to check with the Better Business Bureau for current renovation scams.

The project details that appear on the building plans that you submit for your building permit application, must be adhered to. Changing the project details after you get a building permit, can also have some serious consequences.

If you have planned carefully, changes should be unnecessary. Changing your mind, requires changing the permit application. When building departments can take 4-8 weeks just to process a permit application, starting through the process again, can lead to serious and costly delays.

Who's Insurance Coverage responds to renovation disasters?

NEVER start a commercial renovation without getting General Liability insurance coverage. Although your contractor(s) should all carry a minimum of $2 million dollars of Contractor's General Liability coverage, liability claims can be huge. Your Landlord can hold you financially responsible for the damages that you (or your contractors) cause to the building.

Your property insurance coverage may be adversely affected by any illegal renovation work performed on your building. You really don't want to discover that your insurance coverage has been voided, after you need to file a damage claim. Ask your insurance broker for current underwriting information. Avoidable claims can cause you costly problems when you need to renew your policy. By making sure that you have adequate (and appropriate) coverage, you will reduce the potential for a financial disaster, when your contractor does something silly!

ALL Contractors are required to have a valid business license for the City or Municipality where the work is performed. (Specialty sub-contractors, such as electricians, plumbers, gas-fitters, etc., are also required to have additional licensing.) When you hire an un-licensed renovation contractor, you continue to perpetuate the problems. If your contractor isn't licensed in your community, they probably don't have insurance coverage either. Not all contractors carry general liability insurance (although they should), so you could be held financially responsible for any damages they cause to the City's (or your neighbors') property.

City Building Inspectors' legal responsibility ?

Building inspectors are responsible to ensure that all the work described in the building permit application (and performed on the site), meets or exceeds the minimum standards set by National or Provincial (BCBC 1998) Building Code and local City by-laws. They are not responsible for telling you how to correct the deficiencies. City governments are very aware of their liability exposure and are careful with inspection reports and suggestions.

The various government Inspectors DO NOT inspect for the professional quality of work performed or compliance with the agreement you signed with your contractor. Having the trades' workmanship independently inspected for quality, allows you to stop the project before it gets completely out of control.

Who's responsible to pay the sub-trades?

Even if you didn't hire them directly, you are still responsible to ensure that all sub-trade contractors and material suppliers are paid for the work they perform on your renovation project. We can show you how to protect yourself from a surprise lien showing up at sale or mortgage renewal time. Getting all the parties involved in your project to sign a release (when you pay them), could save you thousands of dollars in legal fees. Just because you pay your General Contractor for all the work performed on your building, doesn't necessarily protect you from liens. Verify with everyone involved, that they have been paid BEFORE you pay the final invoice.

Do you need to hire an architect or professional engineer ?

The City may require that you hire a Certified Professional Engineer to certify specific aspects of the project. Restaurant renovations are the best example of this. However, any structural or mechanical (HVAC, plumbing or sprinkler system) changes may require an engineer to certify that the changes comply with code requirements. The City can advise you of the requirements. (see: Certified Professional Program) We provide the preliminary engineering and engineered drawings to save you the expense of having an Architect or engineer start from scratch. This reduces your overall engineering expense.

Related Commercial Design and Planning Information

• Important Commercial Renovation Planning Steps
• About Leasing Commercial Space
• Commercial Tenant Improvements
• Common Renovation Myths
• Designing a Restaurant
• Design a Retail Store

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We provide commercial renovation project planning and design services to lease space clients in Vancouver, North Vancouver, Burnaby, New Westminster, Coquitlam, Port Coquitlam, Port Moody, Delta, Richmond, Surrey, White Rock, Langley, Maple Ridge and Pitt Meadows, BC.

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