Province of Manitoba News Release
November 07, 2005
Labour and Immigration Minister Nancy Allan today announced proposed changes to the Manitoba Building Code and to the architects and engineers acts that would clarify the roles of the two professions.
"We view engineering and architecture as equal and valued professions and respect the work that each of them do," said Allan. "Our government has worked towards introducing changes that are practical and in the public interest. We want to ensure that projects can continue in a safe manner, without any unnecessary construction costs or delays."
Proposed changes include:
Amending the Manitoba Building Code to:
* Clarify which buildings must be planned by architects and those which may be done by architects or engineers.
* For example, industrial buildings, farm buildings, arenas with fixed seating capacity of less than 1,000 people and residential, office or retail buildings less than 600 square metres (approximately 6,458 square feet) would not require an architect.
* Residential and office buildings and retail outlets over 600 square metres would require an architect, as would hospitals, prisons and places where people gather such as churches, libraries, community centres or restaurants.
Amending the architects act to:
* Permit non-architects to plan certain buildings as determined by the Manitoba Building Code,
* Permit firms to employ architects and offer both architectural and engineering services, and
* Allow for the grandfathering of professional engineers currently planning certain buildings that would be restricted to architects.
Amending both the architects and engineers acts to:
* Require the Joint Architect-Engineer Board to deal with disputes in a timely manner and make joint recommendations of the board binding on both professions.
The proposed changes would deal with the backlog and allow building permits that have been held up as a result of the recent court decision to move forward.
"We do not want the recent court ruling to bog down Manitoba’s Manitoba’s impressive construction boom," said Allan. "We have consulted with the two professions as well as construction industries and municipal governments and have introduced a workable solution that is in the best interest of the public."
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The Effect of Bill 7—The Architects and Engineers Scope of Practice Dispute Settlement Act. The Acts amended are:
* The Architects Act
* The Building and Mobile Homes Act
* The Engineering and Geoscientific Professions Act
The changes summarized:
1. There is an exemption in The Architects Act that provides authority for professional engineers to perform work which the Manitoba Building Code determines may or must be performed by a professional engineer.
2. There is an exemption in The Architects Act that provides for a person other than an architect to perform work which the Manitoba Building Code determines is not required to be performed by an architect or a professional engineer i.e. alternations.
3. Either an architect or a professional engineer, or “any person” may be the prime consultant on the erection, construction, enlargement or alternation of a building.
4. Joint firms of professional engineers and architects will be able to obtain a certificate of approval from the Manitoba Association of Architects for the firm to practice architecture without conditions on the ownership of the firm.
5. Professional engineers who had been performing competent architectural work prior to September 16, 2005 may be able to continue to do so by making application to the Engineering, Geosciences and Architecture Inter-Association Relations Joint Board for a certificate of recognition. The Joint Board will establish the criteria for and issue the certificate of recognition.
6. The Engineering, Geosciences and Architecture Inter-Association Relations Joint Board has the authority to make a decision on any dispute over jurisdiction or rights, and that decision must then be implemented one or both of the Associations as the case may be.
The Regulations—Regulations are adopted by the Cabinet. The Manitoba Building Code is a Regulation under the Building and Mobile Homes Act. The City of Winnipeg Building By-law follows the Manitoba Building Code.
For new construction, the general effect of the changes to the Manitoba Building Code are:
1. A professional engineer may seal the drawings for an arena of up to 1000 fixed seats without the involvement of an architect.
2. All other Assembly Occupancies (Group A), regardless of building area, must be sealed by both an architect and a professional engineer(s).
3. Care and Detention Occupancies (Group B), regardless of building area, must be sealed by both an architect and professional engineer(s).
4. Residential Occupancies (Group C) that are less than 600 m2 in building area (i.e. footprint) or no more than three stories in building height, can be designed by persons other than an architect or professional engineer. All other residential occupancies must be sealed by both an architect and professional engineer(s).
5. Business and Personal Service Occupancies (Group D) that are less than 600 m2 in building area (i.e. footprint) or no more than three stories in building height, can be designed by persons other than an architect or professional engineer. All other business and personal service occupancies must be sealed by both an architect and professional engineer(s).
6. Mercantile Occupancies (Group E) that are less than 600 m2 in building area (i.e. footprint) or no more than three stories in building height, can be designed by persons other than an architect or professional engineer. All other mercantile occupancies must be sealed by both an architect and professional engineer(s).
7. High Hazard Industrial Occupancies (Group F, Division 1), regardless of building area, must be sealed by either an architect or a professional engineer.
8. Medium and Low Hazard Industrial Occupancies (Group F, Division 2 and 3) that are less than 600 m2 in building area (i.e. footprint) or not more than three stories in building height, can be designed by persons other than an architect or professional engineer. All other medium and low hazard industrial occupancies must be sealed by an architect or professional
engineer(s).
For Alternations— Where the Authority Having Jurisdiction determines that an alternation to a building is not likely to affect the integrity of seven specific building systems, or the usable floor space by the addition of another building element, the plans, drawings and related documents are not required to be prepared, signed or sealed by an architect or professional engineer. If the Authority Having Jurisdiction determines that the work is likely to significantly affect integrity then the plans, drawings and related documents must be prepared, signed or sealed by either an architect or professional engineer or both.
Further information on the impact of changes to Bill 7 can be obtained from the following organizations:
Manitoba Association of Architects
P: 925-4620 www.mbarchitects.org
Association of Professional Engineers and Geoscientists
of Manitoba
P: 474-5960 www.apegm.mb.ca
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