A variance (or alternative solution) may allow a proposed building design, construction method, installation or process that does not strictly meet a requirement of the National Building Code - Alberta Edition, provided it achieves an equal or greater level of safety.
Variances are intended to support innovative designs, new construction technologies and alternative construction methods. A variance does not reduce the level of safety required by the National Building Code - Alberta Edition.
A variance is not meant to:
If you are unsure whether a variance is appropriate for your project, speak with a Safety Codes Officer before preparing an application.
A variance is requested by the property owner or the owner's agent and is reviewed by a Safety Codes Officer in the building discipline.
An owner's agent may include an:
For projects where professional design or engineering is required, the City may request that the appropriate professional participate in the variance process.
1. Discuss the Proposed Variance with a Safety Codes Officer
Before submitting a variance application, discuss the issue with a Safety Codes Officer. They will help determine whether a variance is the appropriate way to proceed and what information may be required.
If you have already applied for a building permit, contact 311 and ask to speak with the plans examiner assigned to your permit.
If construction has already started, contact the site Safety Codes Officer or the plans examiner who issued the permit.
2. Prepare Your Variance Information
If a variance is determined to be appropriate, you will need to explain:
Supporting information may include drawings, photographs, reports, technical information, standards or other documentation.
3. Complete the Request for Specific Variance Form
The owner or owner's agent must complete the Request for Specific Variance form and submit it with the supporting documentation to the Safety Codes Officer.
This form must be completed for every variance request, even when additional documentation is provided.
A variance must be associated with a building permit. You can discuss a potential variance with the City before applying for a building permit, but a variance number cannot be issued until a building permit application has been made.
4. Submit Supporting Documents
Your application should include enough information for the Safety Codes Officer to evaluate the proposed variance. Depending on the project, this may include:
The City will review the variance application and supporting information.
You may be asked to provide additional information or have other professionals participate in the review.
Once the review is complete, you will be advised whether the variance has been accepted or refused. If accepted, the Safety Codes Officer will complete the applicable portion of the variance and identify any conditions that apply.
A separate variance application is required for each different issue.
For example, several Code provisions relating to the same issue may be included in one variance request. However, a separate issue—such as a different roof rating requirement—would require a separate variance request.
If you are unsure whether items should be included in one application or submitted separately, discuss this with your Safety Codes Officer.
A variance is tied to the building permit and property for which it was issued. If the same variance is being requested for more than one permit or building, a separate request is required for each permit or site.
The purpose of a variance is to provide an alternative way of achieving the required level of safety. It is not a way to simply waive a Code requirement.
The applicant must demonstrate that the proposed alternative provides an equal or greater level of safety than the applicable acceptable solution.
Do I need a building permit before applying for a variance?
A variance must be tied to a building permit. You can discuss a potential variance with the City before applying for your permit, but a variance cannot be issued without a building permit number.
Can I apply for a variance myself?
Yes. A variance can be requested by the property owner or the owner's agent. Depending on the complexity of the proposed variance, the City may require an architect, engineer or other qualified professional to provide information or participate in the process.
No. A variance provides an alternative way of meeting the safety objectives of the Code. The proposed alternative must provide an equal or greater level of safety.
Can a variance be used to approve a new product?
No. Variances are not intended to approve new or untested products or equipment.
What happens if my variance is refused?
If a Safety Codes Officer refuses a variance, a Written Notice of Variance Refusal is issued. The refusal may be appealed to the Safety Codes Council.
An appeal must be submitted within 30 days of the date the Written Notice of Variance Refusal was served and must include the required Notice of Appeal, a copy of the refusal and the applicable $500 appeal fee.
Who makes the final decision on a variance?
A variance may only be issued by a Safety Codes Officer, technical administrator or the Safety Codes Council, depending on the circumstances.
