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CITY OF VANCOUVER POLICY REPORT
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Date: |
January 27, 2004 | |
Author: |
A.Woo | |
Phone No.: |
7053 | |
RTS No.: |
03831 | |
CC File No.: |
3001 | |
Meeting Date: |
February 10, 2004 |
TO: |
Vancouver City Council |
FROM: |
Chief Building Official in Consultation with the Director of Legal Services |
SUBJECT: |
Certified Professional (CP) Program Advisory Committee |
RECOMMENDATION
A. THAT Council agree to indemnify the members of the CP Program Advisory Committee while acting in good faith within the scope of the prescribed activities set out in this report; the form and content of the indemnification commitment to be to the satisfaction of the Director of Legal Services and executed by her on behalf of the City, and
B. THAT the Director of Legal Services be given standing authority to execute documents, drawn to her satisfaction, evidencing the City's commitment to indemnify future new members of the CP Program Advisory Committee on behalf of the City.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A and B.
CITY MANAGER'S COMMENTS
This is a special resolution requiring the affirmative vote of at least 8 members of Council.
COUNCIL POLICY
Under the Vancouver Charter, the City may indemnify members of a public service organization which is providing a public service for the City of Vancouver.
BACKGROUND
The Certified Professional (CP) Program was originally conceived in late 1978 in order to acknowledge appropriate responsibilities of Engineers and Architects for the design and field review of building construction in accordance with the Vancouver Building By-law.
The Program was given force in September 1981 by the enactment of the Certified Professional By-law No. 6203. Each candidate is required to take a recognized course and pass an examination on the B.C. Building Code and the Vancouver Building By-law to qualify as a CP recognized by the City. There are approximately 130 design professionals who have passed the course, of which approximately 30 persons currently work actively as Certified Professionals for building projects in the City of Vancouver.
DISCUSSION
The City has relied heavily on volunteer members of the design and regulatory professions for the operation of the CP program. From the start of the CP program in 1981, a committee comprised of three architects, three engineers and three building officials was set up to assist with administration of the program and delivery of the Certified Professional course. In addition, the Committee also assisted with the setting of the CP exam, the grading of exam results and advising the City on professional and technical issues.
In 1993, at the request of the City, administration of the program was transferred to the Union of BC Municipalities (UBCM). It was intended that the involvement of the UBCM in the CP program would encourage its wider use throughout BC's approximately 150 municipalities. However the Province has not enacted the appropriate enabling legislation such as that in the Vancouver Charter, and there was no plan to bring in such changes in the near future. As a result, the program has reverted back to the City. In re-establishing the Committee under the auspices of the City, the City took the opportunity to invite representatives of the Developer/Contractor community to join the Committee through the Urban Development Institute (UDI).
It is proposed to provide indemnification to the volunteer members of the CP Advisory Committee, up to twelve representatives from AIBC, APEGBC, BOABC and UDI, against liability arising out of their participation, provided the members are acting in good faith in carrying out the following functions of the Committee but only to the extent as they directly relate to the operation of the CP Program in Vancouver:
· organizing the Certified Professional Education Program, with the course outline and curriculum established in collaboration with the City of Vancouver,
· providing comments to the Chief Building Official on the CP Program Procedures, CP checklist, CP Manual of Practice, and other relevant documents, and
· advising the Chief Building Official on questions relating to the Practice Standards for the CPs.
The Committee is structured as follows:
Rotation: 3 years
Size: 12 members
Membership: AIBC - 3 representatives
APEGBC - 3 representatives
Building Official Association of BC (BOABC) - 3 representatives
UDI - 3 representatives
Meeting Frequency: Monthly unless otherwise determined by the Committee.
Procedures The panel will determine its own structure and procedures for chairing and running meetings. The City will provide the meeting space and on-going clerical support.
FINANCIAL IMPLICATIONS
There is no immediate direct cost to the City in entering these agreements, however, agreeing to indemnify members of the CP Advisory Committee against claims brought against them in carrying out certain of their functions has an inherent financial aspect attendant thereto for the City.
PERSONNEL IMPLICATIONS
The administration cost will be minimal to provide staff clerical support on keeping and distributing of meeting minutes.
CONCLUSION
The indemnification protection for the Advisory Committee is necessary for the continuing development of the CP program. The CP program is an essential component of the permitting process for more complex permits and significantly reduces permit timelines through the use of professional certification.
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