Professional relationships in play Some Practicalities to consider- Assigned & Design Certifier

Transcription

1 Professional relationships in play Some Practicalities to consider- Assigned & Design Certifier Presentation at CMG Royal Marine Hotel Dun Laoghaire- September 2017 Kevin Sheridan EurBE, MSc, CEnv, MICE, FSCSI, FCIOB, FRICS, FIBCI, FCIOB, FCInstCES, FCABE, CBuildE, - Chairman ICE (ROI region)

2 Presentation Overview Practical Issues impacting on project parties Cost impact of BCAR regulations Compliance certification & Contractual relationships Building Control in other jurisdictions SI 365 implementation

3 1 Role clarification and responsibilities in design, inspection and certification Stakeholders & avoidance of potential problems Primary responsibility for compliance rests, in the first instance, with Clients (building owners/developers)

4 AC & BCO Inter-reliance in BCAR System Adequately resourced competent personnel is central to ensuring a culture of compliance with Building /Building Control Regulations BCCMS on-line notification and lodgement system BCA Oversight utilises a risk based approach BCO presence on the ground target non-compliant projects is complementary to AC Compliance & Certification is the responsibility of the client and entire project team managed by the Builder/Contractor and the DC/AC Skeleton Inspection Staff is not conducive to desired outcome

5 AC Prime considerations Design Products Workmanship

6 Preliminary/Inspection Plan- critical elements Control third party interpretation of drawings/spec/intentions Fit for purpose Material Material substitutions- Manufacturers/suppliers alternatives design implications Workmanship & tolerances (Part D & CPR) Is appropriate documentation & certification available? Have all critical parties signed off on work? Don t confuse Practical completion with C.C.C. Determining optimum number of Inspections versus pressure to minimise the number of inspections Delays due to changes Beware of undertakings Risk Avoidance

7 The role of the AC Not a supervisory role & not a substitution for supervision Sign the relevant statutory certificates & undertakings Plan & Oversee Inspection Plan & INF & ancillary certification Ensure valid C.C.C otherwise major dilemma Where there is a change of A.C (RED FLAG) -new/additional inspections, tests etc. (due diligence) likely new Preliminary Inspection Plan for work in progress. (may trigger inspections/assessment by Building Control Authority)

8 Designer & A.C Issues Over-reliance on CoP provision for incrementally delivering Just In Time Design to the AC and Builder Fast track projects where time is tight are presenting challenges/dilemmas? e.g. 7 Day Notice/CN Value Engineering Caveat about assuming liability Occasionally overly defensive scattergun approach to requesting Ancillary Certs without considering and prioritising the need and significance Post-box approach by some of uploading documentation without proper analysis and consideration Schedule conflicts Consequences if the completed building is not registered on system Employer s Representative Instructions -if conflicting Inability to obtain adequate and timely design prior to commencement and arising from changes

9 2 Contractual issues

10 Contractual Implications Contract conditions will require to be more explicit and robust to ensure protection of client and stakeholders Need to engage with the process and clarify requirements from the start Assigned Certifier requires clear contractual arrangements and often linked to payments When pricing the resourcing requirements, some contractors don t read or ignore or the requirements or view them as discretionary items Competitive pressure to keep within anticipated norms of tender pricing Allowances need to be made in budgets/cost plans and tender documents for Builders role in Inspection Plan Include cost of Tests and Commissioning costs

11 Prequalification of Contractors & Subcontractors Assessment of Contractors/Subcontractors/ Specialists in line with competence e.g. CIRI specific registration particularly Subcontractors with design Capabilities and Competence- Is the project size and complexity within the contractors capability? Are the Builder s key staff competent-especially supervisors & certifiers. Contractors method statement (where available) and system for ensuring compliance - from appointment to handover Is the tender price adequate or too low? Subcontractors with design ancillary & design certs, inspections & proof of inspections required by AC Designer/Builder to ensure required ancillary certs from certifiers under his/her control are available

12 3 Cost Implications of BCAR

13 Background to focus on Cost Implications of BCAR Reputational costs All parties involved in Construction process Single Line balance sheet -All about costs but not appreciating benefits Blame culture Rush to attribute blame (demonising) Vicious Circle Versus Virtuous Circle Evidence of compliance should be reflected in Insurance premia

14 Background to focus on Cost Implications of BCAR Costs are not always transparent and often disguised in overheads or cross subsidisation Economic affordability Social acceptability Capacity & capability Reliability Costs versus market prices Complexity of projects will affect costs Design Costs and costs of delays or rework/defects

15 Background to focus on Cost Implications of BCAR The current shortage of housing accommodation led to a drive to reduce costs Some people confused Planning and Building Regulatory improvements with BCAR costs Compliant and responsible construction entities were often disadvantaged and under pressure to cut costs-there is a need to avoid a race to the bottom Multiple stakeholder inputs and costs Additional (Up Front/) time to prepare and process documentation Range of costs associated with SI.9: e.g. ancillary certifier fees for mechanical and electrical engineers, structural engineers, fire engineers, acoustic specialists, acoustic tests and phasing/ financing carry-costs, specialist trades etc. Headline costs often misrepresented

16 Cost Implications of BCAR Cost of compliance versus the cost of non-compliance Often inadequate design drawings to show compliance with the regulations Residential costs depends on the number of units and timescale over which they are built Economies of scale and the corollary for smaller numbers of units (A.C figures can typically range from 0.1% to1%) Costs associated with A.C Construction Stage inspections & Office Stage - preparation of reports following site visits Cost of Tests and Commissioning costs Ancillary fee costs for inspections and certification Briefing/Training costs for Client, Professional Team, Contractors, Subcontractors, sub/sub contractors, Suppliers Testing & Commissioning & Inspection costs Professional Fees certification at different stages

17 Cost Implications of BCAR Overemphasis on Cost whereas Value is far more important (as costs are related to value) and are not stand alone Costs are over the life cycle of a building and not just at the construction stage of a project- Professional services often regarded as a commodity purchase with inordinate emphasis on short-term savings rather than sustainability and life-cycle cost. One dimensional and overly simplistic claims by media social & economic commentators (often assisted by some industry players) blamed excessive costs on BCAR The former light touch regulatory environment disguised the true costs of doing things properly and often led to short cuts Preparation of the Inspection Plan including Inspection Notification Framework

18 Cost Implications of BCAR Professional Fees (Technical) Architects, Engineers, Assigned Certifiers, Costs often built in to the overheads (hidden) Supply & Demand factors imping on costs Prefab technology currently more expensive than traditional Profit/Risk Assessment? Travelling distances Overemphasis on inspection costs Versus Supervision

19 Cost Implications of BCAR A.C (Residential) costs for non complex buildings often range from as little as 500 to 5,000 per unit Supervision and Inspection requirements Statutory and Ancillary Certification costs Preparing collating & uploading of Construction Drawings Compilation of Ancillary certificates and Associated Documentation - Assigned Certifier and others The cost is dependant on the multiple interrelationships of the various professionals and ancillary trades Cost of noncompliance can be exponential

20 4 Practicalities for Assigned certifier and Design Certifier in ensuring compliance & procuring supporting documentation

21 Client/Owner responsibilities Building Owner is responsible for ensuring buildings or works comply with Building Regulations and employ competent professionals and Builder e.g. CIRI registered (Client still needs to evaluate) Building Owners & professionals responsible for notices and compliance e.g. CN, FSC, DAC, CCC While relying on specialism of others you must still ask questions, where appropriate, and not rely on the ostrich syndrome (Due Diligence) Self Builders may be playing Russian roulette unless they engage the right supervisory /professional staff with appropriate insurance

22 Client/Owner Responsibilities Not Passive but must exercise diligence in selecting Designer, Assigned Certifier & builder- (re qualifications & appropriate experience) not just Yellow Pages selection Must enable certifiers to act in independent Must allow adequate time frame & budget manner Submit required notices and including change of the assigned certifier or builder to the BCA within 14 days (if applicable) Client requires pro-forma checklists for professionals and contractors to demonstrate that their selection process and compliance is rigorous

23 Advice to Client on Implications of BCAR 7 day Notice Implications Specialist Design Effect of late changes to drawings Design doesn t stop at CN/Lodgement stage Building elements are multi-dimensional with complex Building Regulation issues (e.g.) compound requirements of each element -Identify the design team member who is responsible for each part Ancillary cert wording should not be diluted merely in the interest of expediency Specialists (particularly Designers) should have P.I Insurance Updated C.o.P for Inspection

24 Some issues impacting on BCAR Schedule of items included with Commencement Notice Key design aspects required for Inspection Plan & INF at tender stage prior to commencement Adequate records of compliance Analysis of individual components of Building Regs (Parts A to M) Ensure that AC receives all information in the schedule and required ancillary compliance information Reverting to Opinions of substantial compliance for Opt-outs? Sample Preliminary Inspection Plan (CoP & Practice Notes) Each designer should take account of their design, interfaces and inspection process & sign off Components with multiple design inputs from various disciplines- SI.9 impacts on related categories including multi-unit housing and requirement for each unit to have separate completion certificate even if lodged under one commencement notice.

25 Some issues impacting on BCAR Ensure construction drawings and specification are up to date with revisions uploaded to Building Control Management System. Weekly review of Programme & Inspection Plan notify & Follow-up consequences for builder and client of delays Inspections carried out only by appropriate persons and incorporated in Inspection Plan and included in the Inspection Notification Framework Review BCMS uploads. Site meetings to review Actions with clear responsibilities Coordination of subcontractors & ancillary certifiers

26 Assigned Certifier Adequate resources and back-up for emergencies Adequate PI Insurance & run-off cover for all relevant certifiers Ensure impartiality and that AC is not compromised. Check if reliable and competent Ancillary Certifiers are working as part of the Inspection Team? Reports/results of inspection recorded and reported and followed up While A.C. lacks powers of direction he/she has significant influence

27 Ancillary Certificates Ensure required certs are available from all, including specialist contractor ancillary certifiers. Certs -Referenced in SI 9 BCAR Regulations & Called up in COP Agreed by Joint working group ACEI, EI, RIAI and SCSI & CIF Separate certificates cover Design Stage, Inspection Stage, Completion stage, Must be signed by the appropriate competent person Role of design certifier continues to co-ordinate & certify design- ancillary cert Ancillary Certs S,E,A,BS, Sp, CIF List all tests and confirmations required from the Builder, Subcontractors, suppliers, manufacturers and specialists Professional judgement does not equate to inspector preferences. Drilling down to others issue of secondary certifiers e.g. facade certifiers

28 Change of AC and/or Builder- Building Owner is required to ensure the following: The Assigned Certifier and the Builder (Owner ) are required to notify the Building Control Authority before ceasing their role within 14 days It is an alert to the Building Control Authority, triggering likely inspection of the Design and likely site inspection(s) A new Preliminary Inspection Plan with agreed additional inspections, testing or reports, if any, may be carried out on the already built works. Submit a new Notice of Assignment along with the relevant form of Undertaking signed by the new assignee where change of AC or Builder occurs. Review the status of compliance of the work completed and deal appropriately with this. Will require liaison with the Building Control Authority, who are expected to advise and assist May involve a new Commencement Notice including a new Inspection Plan and the basis upon which a Completion Certificate will be issued. On termination or relinquishment of Builder make available to the owner all certification prepared and inspection reports carried out

29 5 Building Control Systems in other jurisdictions

30 Some European BCA Comparisons Public bodies set the regulatory framework They have oversight of operation of the system. Extent to which they check technical requirements, and/or in site inspections varies. Public, private or mixed of building control systems Often Public bodies check the technical requirements and private parties are involved in site inspections. UK England & Wales introduced Competition between BCA s and Private Sector approved Alternative Dutch system - privatise if possible and keep it public when necessary.

31 UK Building Control System England & Wales Appropriately qualified Approved Inspectors are certified and registered through U.K CIC Registration is valid for five years, Plans approval system Discontinued Fire Safety Cert Approval Approved Inspectors submit an initial notice to LABC at the beginning and a final notice on completion Commitment to the Building Control Performance Standards. LABC validates completion certificate at the end of the procedure. No general recognition or certification schemes for contractors or builders. Specialist installers Competent Person Scheme (U.K) Approved inspectors are regularly audited

32 Summary Practical Issues impacting on project parties Cost impact of BCAR regulations Compliance certification & Contractual relationships Building Control in other jurisdictions SI 365 implementation

33 BUILDING CONTROL Amendment Regulations Thank you Questions? Kevin Sheridan EurBE MSc, CEnv, MICE, FSCSI, FCIOB, FRICS, FIBCI, FCABE, CBuildE Chairman ICE (ROI region) Disclaimer This information is for training purposes only. It does not constitute legal or professional advice.