Risk to engineers designing for non-compliant companies 1

[Preeng1]

In Alberta where I am, steel building systems are governed by the Alberta Building Code of course which does require an engineers' stamp and the A660-10 certification of the manufacturer. There are lots of manufacturers who ignore the A660-10 certification yet continue to sell their products here. These are technically non-compliant manufacturers and the engineers who do their designs are wide open to liability unless I misunderstand the concept of liability.

The buildings are also governed by the Safety Codes Act and there are lots of little rules to go along with that which put responsibility on anyone remotely connected with the design, fabrication, sale, ownership and erection of steel building systems which does include steel framed fabric structures. The SCCA reads:

Owners, care and control
5 The owner of any thing, process or activity to which this Act
applies shall ensure that it meets the requirements of this Act, that
the thing is maintained as required by the regulations and that when
the process or activity is undertaken it is done in a safe manner.
1991

Design duties
6 A person who creates, alters, has care and control of or owns a
design or offers a design for use by others shall ensure that the
design complies with this Act and that it is submitted for review or
registered if required by this Act, and if the design is deregistered,
the person shall provide notice of its deregistration in accordance
with the regulations.

1991 cS-0.5 s6
Manufacturers’ duties
7 A person who manufactures any thing or undertakes a process
or activity to which this Act applies shall ensure that the thing, the
process or the activity complies with this Act.
1991 cS-0.5 s7

Contractors’ duties
8 A contractor who undertakes construction, operation or
maintenance of or builds or installs any thing to which this Act
applies shall ensure that this Act is complied with.
1991 cS-0.5 s8

Vendors’ duties
9(1) A person who is a vendor in the ordinary course of business,
other than as an employee or an agent, shall not advertise, display
or offer for sale, for lease or for other disposal, or sell, lease or
otherwise dispose of, any thing to which this Act applies unless
that thing complies with this Act.

(2) A person who sells, leases or otherwise disposes of a thing
referred to in subsection (1) shall provide any warnings or
instructions required by this Act.

(3) No person shall advertise, display or offer for sale, for lease or
for other disposal, or sell, lease or otherwise dispose of, any thing
that is prohibited from being sold by the regulations.

Of course they absolve any govt officials of responsibility.....


Bob
MBC International
Pre-engineered Building Systems

 

[Lion06]

Preeng - I think what everyone is getting at the A660-10 certification has no bearing on the engineer's credentials, ability, or design. To that end, if the engineer's design meets the required building code, he is registered in the appropriate jurisdiction, and has adhered to the standard of care then why would he (the engineer) be liable for a failure of the manufacturer to comply with an industry certification that ultimately has no impact on his design or drawings? It's not as if the engineer is going to say to himself, "Oh, this manufacturer is A660-10 certified, so I better make sure my design is correct.".

 

[Preeng1]

Agreed, but the issue remains as under the rules here in Alberta virtually anyone involved, except the officials, is held responsible thus is there a potential for an engineer to be held liable if designing for non-complaint manufacturers ? I suspect we will see litigation arising from some of the many collapses we have seen here the past 2 months..... and the lawyers love to litigate :-(

Bob
MBC International
Pre-engineered Building Systems