INNOVATION May-June 2012

p ract i ce ma t ter s

Schedule B of the British Columbia Building Code (and soon to be incorporated in the Vancouver Building By-law) comprises four pages. The eight applicable disciplines for the schedule are listed there: architectural, structural and mechanical on page 3; plumbing, fire suppression, electrical, geotechnical–temporary, geotechnical–permanent on page 4. It is thus possible for a professional to sign off on a discipline found on only one of those two pages. One often-asked question is: “What does a professional engineer or limited licensee do with the other page?” The answer: cross out everything on the other page, initial the crossed-out items, apply your professional seal, sign, date and submit the page with the other three pages of the Schedule B. Some professionals suggest that since they are not taking responsibility for any of the discipline items on that other page, there is no need to sign or seal it, or that it should be submitted blank, or not submitted at all. The main argument there relies on the APEGBC guidelines on the use of Filling out Schedule B

seal where it is stated that members and licensees “would be sealing work for which they are not truly responsible in violation of Section 20(9) of the Act” (Bulletin I: Use of Seal). While this argument may, on the face of it, appear quite potent, it does not reflect the intent of Section 20(9). That provision makes it clear that members and licensees must use their seals on documents they have prepared in their professional capacity or that have been prepared under their direct supervision. Because it is prepared by a member or licensee in his or her professional capacity, a Schedule B must thus be sealed. What the above passage quoted from the use of seal guidelines is emphasizing is not sealing the work of others. By crossing out those items for which they do not accept responsibility for work on a project, the professional is not sealing any of that work; rather, they are authenticating an engineering document that they have produced. Schedule B also makes two points very clear. First, the form contains four pages, labeled “ x of 4” where x represents pages 1, 2, 3 and 4; consequently, if a page is not submitted, the form must be considered incomplete. Second, the note

Gilbert Larocque PEng LLB CD Associate Director, Professional Practice

immediately under the title on page 3 states: “Initial applicable discipline below and cross out and initial only those items not applicable to the project.” The expectation is thus that the non- applicable items will be crossed out and initialed, not that a page will be submitted blank. A fully completed form should also be considered an intrinsic component of a good risk management protocol. The passage of time often blurs memory; in the event that a page is missing, it could be argued that the professional may have taken responsibility for some items on the missing page. Arguing that a deliberately missing or blank page indicates a professional was not responsible for an item is nowhere as convincing as producing a form that shows all those items neatly crossed out and initialed. This is a clear case where the presence of a negative trumps the absence of a positive. The argument that filling out the fourth page is a time waster also does not withstand scrutiny. It takes about 17 seconds to cross out, initial, seal, sign and date the page. Given the time that can be otherwise spent explaining to a client, a lawyer or an insurer that the page was deliberately not sealed or submitted, those few seconds must be considered a smart investment. v

A bbotsford - C AlgAry - C ourtenAy - e dmonton - K elownA n AnAimo - r iChmond - s urrey - V iCtoriA

Levelton is Hiring!

We are currently hiring engineers, scientists and technologists for the following disciplines: • Geotechnical • Environmental • Building Science • Materials (construction, metallurgy and corrosion)

If you are interested in joining our dynamic team, we invite you to review our postings at www.levelton.com/careers.

About Levelton We are an employee-owned Western Canadian firm with 45 years of experience delivering comprehensive and integrated services to clients. With nine offices in BC and Alberta, we specialize in engineering and scientific services in four practice areas: geotechnical, environmental, building science, and materials.

www.levelton.com

Levelton Hiring size: 4.625 x 4.875

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