Quality Manager ABCs for ABC
City Conversation #95 Part 1: Approved Building Consultants could dramatically shorten all permitting times
December 28th 2022—ABC Vancouver has much on its plate as it moves into governance. Our recent Conversation #92 discussed how Vancouver could establish its own Affordable Building Code to make housing better and more affordable. Next we talk about how Vancouver’s unique ability to create its own accelerated building process could be applied to make almost all permits over-the-counter at a fraction of the time and price. Spoiler alerts—it’s a bit lengthy because there’s lots to explain, so divided into two parts; and it could work anywhere in the province. Here’s how:
This 1988 roof collapse in a Vancouver suburb led to our first quality management efforts—time to up our game again?
“Dad, I know you’re into quality management,” my son offered as he looked at my headline, “But most folks think rigorous quality control slows things down rather than speeding them up—how is your approach different?”
I smiled before answering, thinking of the many debates on that subject I’d had as Director of Quality at a major construction company, also as an Architect, a Certified (building code) and a Building Envelope Professional. In fact, most of the letters after my name stand for enhanced quality management.
“I used to be a member of both the Canadian and American quality societies, which have international reach. There have been many studies around the world which have conclusively determined that poor quality costs time and money in almost any field of endeavour—conversely, quality managed systems in every field drastically reduce errors and omissions (as design and construction folks like to call them), improve efficiency, scheduling and save lots of money.”
He interrupted, as he likes to do. “But we’re talking about how the city can up its game, dramatically reducing time and costs associated with its myriad of permits. Please explain.”
“Let’s start with a simple description of the entire existing building design and construction permitting process in Vancouver that’s currently touched by professionals—it’s similar in many larger Canadian and American cities.” He shrugged so I continued.
“From start to finish, the professional’s involvement in the entire permitting process for a building usually consists of the following six steps:
Preapplication: A client’s development ideas are reviewed against existing zoning, which is what tells us what can be built on a given site. Sometimes, when a spot rezoning is contemplated (see #2 below), this is the first occasion when a developer starts to negotiate denser forms of development than current zoning permits—this can draw out the preapplication process while the applicant tests the bounds of what they can do with a property.
Rezoning: If an applicant is satisfied with a site’s existing zoned development potential, then no rezoning is required and we skip to Step 3. Otherwise, where a client wants to do something more or different than the existing zoning permits, then a rezoning is applied for—the Architect and Engineers develop a proposal, usually including pretty pictures, plans, elevations, some engineering design and many statistics that describe the proposal. That is reviewed with city staff, refined as needed and eventually goes to a public hearing, by that time usually with staff support. City Council considers what the professionals have presented, listens to staff and public input, then makes a decision. If the rezoning is approved, then the project proceeds to the next stage. Two things to note here: Vancouver’s previous City Council approved all 247 spot rezonings proposed over its four year term—a 30-year supply of housing approved in four years, of which only 1% has actually been completed, which may explain why affordability remains elusive. And the province is proposing that public hearings not be required for spot rezonings that comply with Official Community Plans (OCPs)—The Vancouver Plan, which includes the Broadway Plan, is Vancouver’s de facto OCP. Just sayin.’
Development Application (DA): When a rezoning has been approved, if one was required, the approval usually contains enough detail, often called form of development, that the same documents with additional data added can be submitted for permission to develop. Sometimes changes are made between the rezoning and DA stages. Where a rezoning is not required—where a proposal is thought to already comply with the existing zoning—then the applicant team submits drawings with enough data that city staff can confirm the project does, in fact, conform to the existing zoning. Once a DA is approved, the next Step (4) is to get permission to actually build. So whether or not a rezoning is required, a DA is usually required. In Vancouver, steps 1 through 3 currently take many months for a simple project like a new home, addition, renovation or laneway homes. For more complex projects, months become years.
Building Permit (BP): Here’s where the applicant adds all of the details needed to actually construct a proposed building, everything from specifications about the actual materials to be used, to details about how it all goes together—the package is called construction documents or working drawings and specifications—same thing. City staff review the BP package against the zoning or rezoning, and against the Vancouver Building Bylaw (VBBL), which is Vancouver’s version of the BC Building Code (BCBC). The BP allows the builder to construct the approved building. The DA and BP may be combined for smaller projects. In Vancouver, it takes an average of two years after a rezoning before a first building permit is issued.
Construction Phase: It’s become such a lengthy process to get a building permit in Vancouver that for many projects, especially complex ones, permission to actually build is issued in dribs and drabs called phased permits. Usually, these include: one for digging the hole in the ground, which may be combined with the below grade levels for bikes and cars; another for the structure above grade; and a final one for the infill—non load bearing walls, windows, interior partitions, etc. For commercial buildings and those with shops and such at or near grade, there’s a tenant improvement (TI) permit for each and every different occupant. Then there are the trade permits—separate permits for the plumbing, mechanical, electrical, sprinklers, etc. Each involves submission of drawings signed and sealed by a professional Designer, which are then reviewed by city staff. When construction is completed the final step is an…
Occupancy Permit: When city staff have been advised a building is complete, they do some of their own onsite review and testing, collect a large amount of paperwork from the designers, builder and owner that basically confirms that what’s built is in accordance with all the previous permits and the VBBL, which is what the Designers’ letters of assurance already say. Issuance of an occupancy permit means that city staff are satisfied that the completed building is ready to be supported by engineering (water and sewers), fire and police services, to name a few—they’re committing to provide the services that building owners pay taxes for.”
My son had been biding his time, raising eyebrows here and there, almost interjecting a few times. It was his turn now.
“I have a few questions,” he started in. “Twice, during the rezoning and DA steps, you said submissions usually include certain things—what am I missing?”
I smiled at his sharpness. “Recently, city staff have started to accept, and Council to approve, spot rezonings that have no form of development. These now comprise more than 10% of all spot rezonings—that’s right, for more than 1/10th of Vancouver’s new projects the public, staff and Council don’t see the details until after the rezoning is approved—scary, in my opinion.
The form of development is supposed to come at Item 3, the DA stage. But there have been recent instances where projects have changed between Steps 3 and 4, including adding more homes or more height, which is concerning to many neighbours and the community.” He raised his brows again. “How can that happen?” he asked.
I responded as best I could. “It appears city staff feel they can allow changes to a building design outside of public view—the rezoning process—without referring those changes back to a forum where the public can have their say.” I could see he was wishing for more. “I have no idea why that’s allowed to happen. Because these changes are not advertised, questioning them depends on the diligence of neighbours calling out staff, who may ignore them. I have no idea how frequently this occurs.”
He looked dissatisfied but continued with his interrogation.
“Now the big question. You’ve previously told me about Certified Professionals (CPs) and Building Envelope Professionals (BEPs)—I know, I know, you’re both those things. So if we have those folks, what’s the city staff role?”
“A reasonable question,” I responded, “never answered to my liking. In fact, city staff confirm that an evolving proposal meets planning and building codes at every stage of the process, what I listed previously as items 1 through 6.
But let’s examine that proposition. The VBBL (and BCBC in the rest of the province) look for letters of assurance signed and sealed by all the registered professionals on a project, including the Architect and Engineers—we’ll call them the Designers. These declare to the world that the Designers’ work complies with applicable codes and regulations. This commitment is reconfirmed by the Designers’ signature and seal on their drawings and related documents—it’s a very serious undertaking.”
“Seems like a lot of belts and suspenders,” he retorted.
Today’s question: What is your experience with design and construction permits in Vancouver?
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Brian Palmquist is a Vancouver-based architect, building envelope and building code consultant and LEED Accredited Professional (the first green building system). He is semi-retired for the moment, still teaching and writing, so not beholden to any client or city hall. These conversations mix real discussion with research and observations based on a 40+ year career including the planning, design and construction of almost every type and scale of project. He is the author of the Amazon best seller “An Architect’s Guide to Construction.” and working the first 88 City Conversations into a book about how we’ve come to where we are.
Brian, your steps are all correct and well presented but you have left off the final complication, the notation that the project is "to the building inspector's satisfaction" which appends each building permit. This can mean that even though a developer has met all conditions (57 preconditions on my project for eg. and all the back and forth with project coordinators and the myriad of other departments, engineering, landscaping, streets, sewers, etc etc), all to their satisfaction with a BP issued, the building inspector can have another interpretation of the regulations, and in my current case, the relaxations available for secondary suites and heritage properties. Even though the project coordinator has approved, the designer has confirmed, and the project built to approved drawings and specifications, the building inspector can simply ask for more.
City Council approving rezoning applications or new permits is layered with influence peddling. How one can provide oversight for building construction is a difficult proposition when influencers are paid to look the other way. Developers have years of experience short-cutting the construction process to save costs. The first stop is the City Planning Department where Developers are given PAID access to see application proposals. This information is worth $millions which gives the names and location of influencers. There is a high probability the building being constructed will be energy inefficient for the next 80 years or torn down. I have an example if anyone cares to read what has been to sent to City Council and the AG's Office (responsible for housing) regarding a high-rise being built today.