BILL 10 – 2008
HOUSING STATUTES AMENDMENT ACT, 2008
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Architects Act
SECTION 1: [Architects Act, section 24] authorizes the Architectural Institute of British Columbia to make bylaws respecting specialized areas of architecture for which certified members, licensees or architectural firms may hold themselves out as specialists.
1 Section 24 (2) of the Architects Act, R.S.B.C. 1996, c. 17, is amended by adding the following paragraphs:
(q.1) the designation of specialized areas of architecture;
(q.2) the qualification and certification of members, licensees or architectural firms as specialists in areas of architecture designated under paragraph (q.1);
(q.3) the prohibition of members, licensees or architectural firms from holding themselves out as specialists in a designated area of architecture unless the member, licensee or architectural firm is certified under a bylaw made under paragraph (q.2); .
Community Charter
SECTION 2: [Community Charter, section 53] authorizes a municipal council to exercise its authority in respect of buildings and other structures for
- the provision of access to buildings and other structures by persons with disabilities,
- the conservation of energy or water, and
- the reduction of greenhouse gas emissions.
2 Section 53 of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:
General authority in relation to buildings and other structures
53 (1) In this section, "greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act.
(2) A council may only exercise its authority under section 8 (3) (l) [spheres of authority — buildings and other structures] or this Division for the following:
(a) the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;
(b) the conservation of energy or water;
(c) the reduction of greenhouse gas emissions;
(d) the health, safety or protection of persons or property.
SECTION 3: [Community Charter, section 55] authorizes a municipal council to require applicants for building permits, in circumstances specified in the municipal bylaws, to provide the municipality with a certification by a professional engineer, professional geoscientist or architect who is certified as a specialist in a particular area of their profession that the plans submitted with the permit application comply with the applicable enactments.
3 Section 55 is amended
(a) by renumbering the section as section 55 (2),
(b) by adding the following subsection:
(1) In this section, "qualified professional" means
(a) an architect,
(b) an architect certified under section 24 (2) (q.2) of the Architects Act as a specialist in an area of architecture,
(c) a professional engineer,
(d) a professional engineer certified under section 10 (1) (k.2) of the Engineers and Geoscientists Act as a specialist in an area of professional engineering,
(e) a professional geoscientist, or
(f) a professional geoscientist certified under section 10 (1) (k.2) of the Engineers and Geoscientists Act as a specialist in an area of professional geoscience. , and
(c) in subsection (2) by striking out "professional engineer, professional geoscientist or architect" and substituting "qualified professional".
Engineers and Geoscientists Act
SECTION 4: [Engineers and Geoscientists Act, section 10] authorizes the council of The Association of Professional Engineers and Geoscientists of the Province of British Columbia to make bylaws respecting specialized areas of professional engineering or professional geoscience for which certified members, licensees or certificate holders may hold themselves out as specialists.
4 Section 10 (1) of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended by adding the following paragraphs:
(k.1) the designation of specialized areas of professional engineering or professional geoscience;
(k.2) the qualification and certification of members, licensees or certificate holders as specialists in areas of professional engineering or professional geoscience designated under paragraph (k.1);
(k.3) the prohibition of members, licensees or certificate holders from holding themselves out as specialists in a designated area of professional engineering or professional geoscience unless the member, licensee or certificate holder is certified under a bylaw made under paragraph (k.2); .
Local Government Act
SECTION 5: [Local Government Act, section 692]
- authorizes the minister to make regulations establishing or adopting standards for the alteration or repair of buildings;
- authorizes the minister to make regulations providing for exceptions to the general rule in section 692 (2) that the building code and other regulations under section 692 (1) of the Act apply to all municipalities (except the City of Vancouver) and to regional districts or parts of them not inside a municipality;
- authorizes a designated official to make directives respecting the building code and other regulations under section 692 (1) of the Act.
5 Section 692 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) in subsection (1) (a) by striking out "construction and demolition" and substituting "construction, alteration, repair or demolition",
(b) in subsection (1) (c) by striking out "construction or demolition" and substituting "construction, alteration, repair or demolition",
(c) in subsection (2) by striking out "The building code" and substituting "Subject to the regulations under subsection (2.1), the building code", and
(d) by adding the following subsections:
(2.1) The minister may, by regulation, provide that all or part of the building code or other regulations under subsection (1) do not apply to a municipality or regional district or a part of a regional district not inside a municipality.
(6) The designated official may issue a directive respecting the building code or other regulations under subsection (1) that must be followed by a person to whom the building code or other regulations under subsection (1) apply.
(7) The designated official must make reasonable efforts to notify all persons affected by a directive.
(8) The minister may designate a person in the ministry of the minister as the designated official for the purposes of subsections (6) and (7).
(9) If there is a conflict between the building code or other regulations under subsection (1) and a directive, the building code or other regulations prevail.
SECTION 6: [Local Government Act, section 694] authorizes a board of a regional district that provides building inspection services to make bylaws for
- the provision of access to buildings and other structures by persons with disabilities,
- the conservation of energy or water, and
- the reduction of greenhouse gas emissions.
6 Section 694 is amended
(a) by adding the following subsection:
(0.1) In this section, "greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act. ,
(b) in subsection (1) by striking out "for the health, safety or protection of persons or property," and substituting "for the purposes described in subsection (1.1),", and
(c) by adding the following subsection:
(1.1) A board may exercise the powers conferred by subsection (1) for the following purposes:
(a) the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;
(b) the conservation of energy or water;
(c) the reduction of greenhouse gas emissions;
(d) the health, safety or protection of persons or property.
Vancouver Charter
SECTION 7: [Vancouver Charter, section 304] adds a definition.
7 Section 304 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:
"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act.
SECTION 8: [Vancouver Charter, section 306] authorizes the council to make bylaws for regulating the construction of buildings in respect of
- the provision of access to buildings and other structures by persons with disabilities,
- the conservation of energy or water, and
- the reduction of greenhouse gas emissions.
8 Section 306 (a) is amended by adding the following subparagraphs:
(iv) where the provision of access to a building, or to part of a building, for a person with disabilities is concerned;
(v) where the conservation of energy or water is concerned;
(vi) where the reduction of greenhouse gas emissions is concerned; .
Commencement
9 This Act comes into force on the date of Royal Assent.
Explanatory Notes
Architects Act
SECTION 1: [Architects Act, section 24] authorizes the Architectural Institute of British Columbia to make bylaws respecting specialized areas of architecture for which certified members, licensees or architectural firms may hold themselves out as specialists.
Community Charter
SECTION 2: [Community Charter, section 53] authorizes a municipal council to exercise its authority in respect of buildings and other structures for
- the provision of access to buildings and other structures by persons with disabilities,
- the conservation of energy or water, and
- the reduction of greenhouse gas emissions.
SECTION 3: [Community Charter, section 55] authorizes a municipal council to require applicants for building permits, in circumstances specified in the municipal bylaws, to provide the municipality with a certification by a professional engineer, professional geoscientist or architect who is certified as a specialist in a particular area of their profession that the plans submitted with the permit application comply with the applicable enactments.
Engineers and Geoscientists Act
SECTION 4: [Engineers and Geoscientists Act, section 10] authorizes the council of The Association of Professional Engineers and Geoscientists of the Province of British Columbia to make bylaws respecting specialized areas of professional engineering or professional geoscience for which certified members, licensees or certificate holders may hold themselves out as specialists.
Local Government Act
SECTION 5: [Local Government Act, section 692]
- authorizes the minister to make regulations establishing or adopting standards for the alteration or repair of buildings;
- authorizes the minister to make regulations providing for exceptions to the general rule in section 692 (2) that the building code and other regulations under section 692 (1) of the Act apply to all municipalities (except the City of Vancouver) and to regional districts or parts of them not inside a municipality;
- authorizes a designated official to make directives respecting the building code and other regulations under section 692 (1) of the Act.
SECTION 6: [Local Government Act, section 694] authorizes a board of a regional district that provides building inspection services to make bylaws for
- the provision of access to buildings and other structures by persons with disabilities,
- the conservation of energy or water, and
- the reduction of greenhouse gas emissions.
Vancouver Charter
SECTION 7: [Vancouver Charter, section 304] adds a definition.
SECTION 8: [Vancouver Charter, section 306] authorizes the council to make bylaws for regulating the construction of buildings in respect of
- the provision of access to buildings and other structures by persons with disabilities,
- the conservation of energy or water, and
- the reduction of greenhouse gas emissions.
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