Licensed Technologist OAA in Professional Practice

OAAAS OAA Technology Program

•  OAA Admission Course •  Licensed Technologist OAA Examination •  Complete hours •  Currency of knowledge – 940 hrs within three years of

OAA application •  Application for Licence – Limitations, Terms and

Conditions

Final Steps to Licensed Technologist OAA

•  One day examination in two parts – roughly 150 questions in each

•  Morning session 8:30 am – noon •  Afternoon session 1:00 pm – 4:30 pm •  Can leave after 90 minutes •  Candidate can refer to Ontario Building Code, but no

other materials •  Academic integrity •  At OAA office, or with professional proctor if more than

20 kms from office

Licensed Technologist OAA – Examination

•  Multiple choice questions – 20% based on graphics/scenarios

•  70% to pass – Pass/Fail only •  Areas covered in exam:

Professional practice and ethics Scope of services Contract administration Authorities Construction contracts Risk management Procurement Cost planning Building design Building technology Construction liens

Lic.Tech.OAA – Examination

•  Mastering the Business of Architecture (OAA website) •  Canadian Handbook of Practice for Architects (OAA

website) •  Admission Course Lecture Information – Volumes 1 and

2 •  Architects Act and Regulation 27 •  Guideline for Delivering Effective Air Barrier Systems,

(CMHC website) •  Ontario Building Code and Building Code Act •  Planning Act

Lic.Tech.OAA – Examination – Resources

•  Occupational Health and Safety Act and Regulations for Construction Projects

•  Construction Lien Act •  American Society of Heating, Refrigerating and Air-

Conditioning Engineers http://www.ashrae.org/ ASHRAE 90.1

•  OAA Regulatory Notices and Practice Tips (OAA website)

•  OAA Rain Penetration Control Practice Guide (OAA website)

•  OAA By-Laws (OAA website)

Lic.Tech.OAA – Examination - Resources

•  Forms sent to eligible candidate, returned to OAA •  OAA request to OAAAS for member package •  Application fee: $310.75 •  January 1, pay OAA fees for full year $653.31 •  After July 1, pay OAA fees for half year $326.65 •  Process takes 8-12 weeks

Applying for a Licence

LICENSED member of the OAA, which is a professional regulatory body,

•  Ontario law delegates to the regulator the responsibility to protect the public interest

•  Professionals need the authority of the regulator to practice their profession in Ontario and to use a professional designation

Professional in the eyes of the Fairness Commissioner: http://www.fairnesscommissioner.ca/

Licensed Technologist OAA as a Professional

*

Four principles of professionalism to which all architectural professionals must adhere: Canadian Handbook of Practice, Version 2.0, Ch.1.1.2.

•  EXPERTISE

•  AUTONOMY

•  COMMITMENT

•  ACCOUNTABILITY

PROFESSIONALISM

*

•  Expertise: Professionals “possess a comprehensive body of knowledge, skills, and theory developed through education and experience.”

•  Autonomy: Professionals “provide expert advice, independent of any self-interest. Uncompromised professional judgement should (supersede) any other motive.” (OAA’s stated mandate)

•  Commitment: Professionals have a “high level of dedication to the work done on behalf of their clients and society.”

•  Accountability: “Professionals accept personal responsibility and liability for the consequences of their professional behaviour. Furthermore, professionals are expected to protect not only the primary interest of their clients but also the interest of the public.”

PROFESSIONALISM

*Canadian Handbook of Practice, Ver 2.0, Ch.1.1.2.

Benefits

•  Access to resources OAA provides for delivering services – regulatory notices, practice tips, Pro-Demnity bulletins, continuing education, practice advisors, etc.

•  Professional recognition: OAA is a respected brand and Lic.Tech.OAA is highest level of professional designation achievable by a technologist

•  Access to an engaged and proactive insurance company

•  Protected scope of practice

•  Protected title “Licensed Technologist OAA”

BENEFITS of being an OAA MEMBER

Responsibilities

•  Higher standard of care* expected in delivering services – principles of professionalism must be upheld – professional (mis)conduct (Reg 27 Sec 42)

•  Licence fees

•  Certificate of practice and insurance (for practitioners)

•  Code of ethics

•  Lifelong learning (Regulation 27, Section 54)

RESPONSIBILITIES of being an OAA MEMBER

*Architects Act and Regulation 27

All rules + regulations + OBC apply equally to all OAA members, OAA Regulatory Notice R.11:

“The Architects Act and Regulation 27 under the Architects Act as well as OAA regulatory notices and other OAA information apply equally to the architect and the Licensed Technologist OAA. The Licensed Technologist OAA is bound by the same standards of practice and rules of conduct as an architect. The OAA’s regulatory notices also apply equally to the Licensed Technologist OAA such that where the title ‘architect’ appears, the title Licensed Technologist OAA can be interchanged.” http://www.oaa.on.ca/professional+resources/practice+tips+&+regulatory+notices/regulatory+notices/11

RULES + REGULATIONS

•  Full designation is Licensed Technologist OAA; designation is limited to OAA members; designation is required (“shall use the designation in every aspect of the practice of architecture…”) OAA policy statement, Section 2

•  May be abbreviated as Lic.Tech.OAA

•  Must not use “architect” or derivations thereof in occupational description or in business name (for practitioners)

•  May continue to use “Technologist OAAAS” (you retain OAAAS membership)

Professional Designation

*

Like all OAA and PEO members Lic,Tech.OAA are not required to qualify and register with the Ministry of Municipal Affairs and Housing: Reference MMAH, PEO: Questions and Answers page:

•  Are "Licensed Technologists OAA" subject to qualification and registration under the Building Code Act, 1992 and Building Code? http://www.mah.gov.on.ca/Page8597.aspx, retrieved 2015

•  No. The Divisional Court in a decision of May 17, 2007 declared that subsections 15.11(5) to (7) of the Building Code Act, 1992 and former Section 2.17 (now Section 3.2 of Division C of the 2006 Building Code) do not apply to any holder of any license or certificate issued under the Professional Engineers Act. The Court stated that the analysis in the reasons for judgment "applies equally to the intervenor architects". The Ontario Architects Association (OAA) in its Regulatory Notice R.11 advises that a Licensed Technologist OAA holds a licence issued by OAA to practice architecture and, if offering services to the public, a certificate of practice issued by OAA, subject to specific terms, conditions and limitations.

BCIN + Permit Applications

Lic.Tech.OAAs are exempt from all qualification requirements; this means that with respect to the building code, you can design all parts of the building in which you are professionally competent, including HVAC, structural, plumbing, etc., subject to SOP

Lic.Tech.OAAs are not required and, in fact, cannot complete a Schedule 1 form to a building permit application.

Rules in the Architects Act and Professional Engineers Act still apply with respect to who may practice architecture and engineering

Note: professional liability insurance from Pro-Demnity Insurance Co. is generally limited to “usual and customary services” in architecture.

BCIN + Permit Applications

SCHEDULE 1: DESIGNER INFORMATION

Scope of practice limited by two main documents:

•  OAA Council Policy •  Applies only to Lic.Tech.OAAs

•  Architects Act, Section 11: “Who May Engage in the Practice of Architecture”

•  Applies to everyone

Scope of Practice

Step 1: •  Determine if project needs architect (read R.11 as OAA member) •  Review exceptions in Section 11 of the Architects Act •  If project fits within these exceptions, then anyone with an OAA

licence or BCIN can provide the design services. If project does not fit within the exceptions, then OAA member and/or professional engineer required

Step 2: •  Review Section 1 of the Terms, Conditions, and Limitations of

Licence from the OAA council policy •  If project fits within stated limitations, then it is within

Lic.Tech.OAA scope.

DETERMINING IF WORK IS WITHIN SCOPE OF PRACTICE FOR LIC.TECH.OAA

•  Building area vs. gross area •  Firewall •  Major occupancies •  Residential v. dwelling unit

ARCHITECTS ACT v. BUILDING CODE

KEY DEFINITIONS TO KNOW

•  Architects Act governs the practice of architecture •  Ultimately, OBC is irrelevant with respect to determining

scope of practice, except for the qualification requirements for BCIN holders.

“INTERIOR DESIGN” EXCEPTION •  Subsection 11(3)(e) of the Architects Act

(e) the preparation or provision of a design for interior space for a building, including finishes, fixed or loose furnishings, equipment, fixtures and partitioning of space, and related exterior elements such as signs, finishes and glazed openings used for display purposes, that does not affect or is not likely to affect,

(i) the structural integrity, (ii) a fire safety system or fire separation, (iii) a main entrance or public corridor on a floor, (iv) an exit to a public thoroughfare or to the exterior, (v) the construction or location of an exterior wall, or (vi) the usable floor space through the addition of a mezzanine,

infill or other similar element, of the building; •  Be clear with clients on your limitation, scope creep may require

architect

•  Call the OAA Registrar for clarification

•  Alternatively, contact OAA practice advisors for advice;

•  Discuss project with local building officials

•  OAA Registrar makes the official call

UNSURE IF PROJECT IS WITHIN LIC.TECH.OAA SCOPE?

Option 1: •  Decline project and refer to architect*; you may provide

services to architect Option 2: •  Hire architect to provide supervision and control of

architectural portion of project •  You may provide the services under the architect’s

personal supervision and direction or simply act as project’s manager/consultant – Contract options:

•  Owner ! Lic.Tech.OAA ! Architect •  Owner ! Architect ! Lic.Tech.OAA

* or a professional engineer in the case of an industrial building with non-industrial portion <600 m²

PROJECT OUTSIDE LIC.TECH.OAA SCOPE?

Option 3:

•  Split project into distinct sections – work requiring architect is fully completed by architect – balance is completed by Lic.Tech.OAA

•  Architect and Lic.Tech.OAA can hire each other or be contracted separately to Owner

•  e.g. On large office renovation project, architect designs modifications to public corridors and fire separations, Lic.Tech.OAA designs interiors under separate seal

PROJECT OUTSIDE LIC.TECH.OAA SCOPE(cont’d)

Lic.Tech.OAA Contracts: Practice committee has created specific contracts for Lic.Tech.OAA use: •  OAA 602/603 – Standard Form of Contract for Licensed

Technologist OAA’s Services •  OAA 801 – Standard Short Form of Contract for Licensed

Technologist OAA’s Services •  OAA 901 – Standard Contract Between Lic.Tech.OAA and

Consultant – Note: this may be between another Lic.Tech.OAA or Architect among other consultants

*http://www.oaa.on.ca/professional%20resources/documents/contracts

Practice Considerations

Licenced members of OAA are issued a seal.

Lic.Techs.OAA have a unique seal that signifies they are OAA members, but

differs significantly in appearance to avoid confusion

OAA SEAL

•  Significant achievement •  Greater scope in your employment •  Establish your own practice

Congratulations