BUILDING CONTROL (AMENDMENT) REGULATIONS 2013

Transcription

1 BUILDING CONTROL (AMENDMENT) REGULATIONS 2013 MIND THE GAP ARCHITECT PRACTITIONER PERSPECTIVE IEI SEMNAR January 2014 Orla Fitz.Gerald MRIAI FCIArb Member COP WG & Architect in Practice

2 Code of Practice Work Group (COP WG) Stakeholder review of 2012 documents (SI.80 and Code of Practice) Members: DOEHLG ACEI; IEI; SCSI (Building Surveyors); RIAI; CIF; Homebuilders Concluded End Oct 2013 With Agreed Recommendations for Amendments formally submitted to Minister so as to accommodate practicalities of implementation

3 THE LAW BCA 1990 BCA 2007 SI. 80

4 Context Building Control Act 1990 Summary Overview: Building Control Act, 1990 Works includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building. BCA s may make arrangements for the joint performance of any of their functions. Every building to which the building regulations apply shall be designed and constructed in accordance with the provisions of such regulations /.

5 Context Building Control Act 1990 Summary Overview: Building Control Act, 1990 Prescription of form and content of Certificates of Compliance Plans documents and information to be submitted Registration of certificates of compliance. Designation of the persons or the classes of persons by whom certificates of compliance may be given /.

6 Context Building Control Act 1990 Summary Overview: Building Control Act, 1990 Where a certificate of compliance or a commencement notice is submitted to BCA, the BCA shall not be under a duty to any person to: - ensure either during the works or when completed compliance with the regs. or be free from any defect - ensure that the certificate complies with the requirements of the Act or regulations made under Act - verify that the facts stated are true and accurate

7 IN PRACTICE following BCA Opinions on Compliance agreed format and wording - 3 rd party confirmations - signed by practitioner with benefit of PII Generally no issue where schedule A service provided However Big Gap emerged particularly in Spec Development - confirmations by disappearing parties - inadequate inspection - Practitioner left holding the baby

8 Context Building Control Act 2007 Summary Overview: Building Control Act, 2007 Amendment of BCA Enforcement - 7 Day Notice - Regularisation Cert - DAC Registration of Architects Registration of Quantity Surveyors Registration of Building Surveyors

9 Context Building Control (Amendment) Regulations Summary Overview: SI 80 Revised form of Commencement Notice signed by owner All works including single dwellings and extensions greater than 40 sq.m or require Fire Safety Cert Design Certificate Particulars necessary to outline how compliance will be met including Preliminary Inspection Plan.

10 Context Building Control (Amendment) Regulations Summary Overview: SI 80 Assignment of duties Undertaking of duties I.T. upload of information COMPLETION CERTIFICATES signed by Builder (Part A) Assigned Certifier (Part B) Relying on Ancillary Certificates

11 IN PRACTICE following SI 80- Requirement for COMPETENCE Assigned Certifier NEW Role - Responsibility with Builder to complete Certificate of Compliance (Completion) Ancillary Certifiers - Ownership and responsible for elements of work or materials - Public statement re Compliance as Ancillary Certificates appended to Certificate of Compliance (Completion) Increased discipline and demand to document and record process, particularly inspection

12 BUILDING CONTROL (AMENDMENT) REGULATIONS 2013 Overview of the BC(A)R Process 11

13 BC(A)R Flow Chart for Domestic Dwelling Design Process up to Design Certificate Building Owner Appointment of Assigned Certifier Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier) issued to BCA Undertaking by Assigned Certifier issued to BCA Agreement between Building Owner and Assigned Certifier (Architect) Appoints PSDP Appoints Design Team Architect Structural Engineer Mechanical/Electrical Engineer Quantity Surveyor Specialist Consultants List of Design Compliance with Building Regs A Structure B Fire Safety - Fire Certificate Application? C Site Preparation & Resistance to Moisture D Materials & Workmanship E Sound F Ventilation G Hygiene H Drainage & Waste Water Disposal J Heat Producing Appliances K Stairways, Ladders, Ramps, Guides L Conservation of Fuel & Energy - Provisional Building Energy Rating - Alternative Energy Systems Analysis M Access & Use - Disability Access Certificate Design Development Stage Preliminary Inspection Plan Prepared by Design Team and Assigned Certifier Work Stage 1 Initial Design Work Stage 2 Developed Design Work Stage 3 Detailed Design Work Stage 4 Tender Documentation 12

14 Design Certificate up to Commencement Notice, Inspection Plan and Tender Documentation Design Team Tender Package Drawings/Spec/ Inspection Plan Tenders Appraised Design Compliance Certificate for Issue with Commencement Notice Certificate from Structural Engineer Certificate from Mechanical and Electrical Consultant Certificate from Fire Safety Consultant Certificate from Disability Access Consultant Certificate from BER/DEAP Consultant Sign Design Certificate confirming Certificate of Compliance (Design) to include: Minimum Drawings and Specifications with Commencement Notice as per Code of Practice Assigned Certifier Issue Preliminary Inspection with Tender Docs Post Tender Review and Revise Preliminary Inspection Plan with Contractor and lodge with BCA Ensure Undertaking to Inspect and Certify on behalf of Building Owner is Lodged Tender Process including builders competence review Is the Builder Registered? Is the Builder Competent? Contract Awarded to Contractor 13

15 Appointment of Contractor to Completion of Building Contract 14 Building Control Authority Commencement Notice Commencement Notice Documents Lodged with Building Control Authority to Completion (as per previous slide) Contract Date: date the employer issues Letter of Acceptance. Building Owner to issue signed Commencement Notice Information to Building Control Authority via Agent Commencement Notice information must be lodged between 14 and 28 days before Starting Date. On the Starting Date, the contractor starts to execute works on site. Building Control Fees Certificate of Compliance Undertaking by Builder Review of Prelim Inspection Plan with Assigned Certifier Competent Builder Appointment by Building Owner Responds to Building Control Authority in relation to information requests Submits design changes during construction stage Assigned Certifier co-ordinates certificate of compliance for completion in conjunction with the builder (Ancillary Certificates) Assigned Certifier Submits Certificate of Compliance (Completion) signed by Builder and Assigned Certifier Prior Notice of Completion Certificate can be issued 3-5 weeks in advance of completions date Building Placed on the Building Register if Verified by Building Control Authority & then Can be Occupied/Used/ Opened Sub-Contractor Complies and Certifies Work (Ancillary Certificates)

16 Code of Practice COP WG RECOMMENDED CHANGES

17 Context Draft October 2013 Code of Practice for Inspecting and Certifying Buildings and Works Guidance with respect to inspecting and certifying Summary Overview & Purpose: Sets out standards and procedures that should be adhered to by: Building Owners Designers Builders Certifiers Building Control Authorities Building materials and component manufacturers.

18 Context Draft October 2013 Code of Practice for Inspecting and Certifying Buildings and Works Guidance with respect to inspecting and certifying Application: Areas covered include: Certification Lodgement of Plans and documentation Inspection during construction Roles and Duties

19 Changes COP- Definitions- o o Assigned Certifier means the competent person so assigned, in accordance with the Building Control Regulations; Competent Person a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size and/or complexity of the building or works, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken.

20 Changes COP- Roles and Duties Building Owner- Shall (a) Ensure Fire Cert and DAC are obtained where required (b) sign a Commencement Notice (or 7 day notice) (c) sign and submit a notice for the assignment of: 1) a Competent Person (the Assigned Certifier) to inspect the building during Construction and provide a certificate of compliance (completion), and 2) A competent Builder to construct in accordance with the plans, specifications and Building Regulations and to sign the Certificate of Compliance on completion o /

21 Changes COP- Roles and Duties Building Owner- Shall (d) Ensure that adequate resources and Competent Persons are made available (e) Where the Assigned Certifier or Builder withdraws from the project for whatever reason the Building Owner should promptly appoint a replacement Assigned Certifier or Builder. Where this happens the Building Owner shall give notice the BCA of the new assignment. At all times the Building Owner shall use reasonable endeavours to ensure that an Assigned Certifier and Builder are in place.

22 Changes COP- Roles and Duties Building Owner- Shall (f) Where there is a change of Building Owner, prior to the submission of the completion certificate, the new Building Owner shall give notice of the change of Building Owner and also notify the BCA in writing of all appointments that are in place (g) Maintain records

23 Changes COP- Roles and Duties Builder s Role Should (a) Accept assignment to build and supervise the building or works (b) Familiarise themselves with drawings, specs. and documents lodged with the Commencement Notice (c) Ensure a Competent Person is assigned to oversee the Construction; (d) Co-operate with the design team, the Assigned Certifier and other certifiers; (e) Ensure that the workmanship complies with the requirements of the Building Regulations; (f) Ensure that materials which they select and for which they are responsible comply with the requirements of the Building Regulations /

24 Changes COP- Roles and Duties Builder s Role Should (g) Sign the Certificate of Compliance (completion) (h) Provide to the Assigned Certifier, such documents for which they are responsible, as may assist the Assigned Certifier to collate particulars for the purposes of handover and certification, and/or for further submissions to the BCA (i) Ensure the coordination and provision of all test certificates and confirmations to the satisfaction of the Assigned Certifier or other designated inspectors or certifiers providing Ancillary Certificates; and (j) Maintain records

25 Changes COP- Roles and Duties Designer s Role Designers should (a) Design their respective elements of work in accordance with the applicable requirements of the Second Schedule of the Building Regulations (b) Provide the Design Certifier with the necessary plans, specs. and documents required for lodgement (c) Arrange to provide sufficient information to the Assigned Certifier to enable them to fulfil their role (d) As agreed with the Assigned Certifier, carry out work inspections which are pertinent to their elements of the Design, and shall liaise with the Assigned Certifier in terms of this and the required ancillary certification /

26 Changes COP- Roles and Duties Designer s Role Designers should (e) Notify the Assigned Certifier of their proposed inspection regime for inclusion in the overall Inspection Plan; and (f) Provide the Ancillary Certificates when required by the Assigned Certifier and Design Certifier; and (g) Maintain records of inspection

27 Changes COP- Roles and Duties Assigned Certifier s Role They undertake to inspect, and to co-ordinate the inspection activities of others during construction, and to certify the building or works on completion. The role of Assigned Certifier does not include responsibility for the supervision of any builder. They may or may not be a member of the design team.

28 Changes COP- Roles and Duties Assigned Certifier s Role They should - (a) Provide and sign the certificates of Compliance for the Undertaking and Completion; (b)co-ordinate the ancillary certification by members of the design team and other relevant bodies for the Certificate of Compliance on Completion; (c) Identify all design professionals and specialists, in conjunction with the Builder, from whom certificates are required; (d)identify all certificates required and obtain them; (e) Co-ordinate and collate all certification of compliance for completion in conjunction with the Builder (f) In consultation with the members of the design team, shall plan and oversee the implementation of the Inspection Plan during Construction;./

29 Changes COP- Roles and Duties Assigned Certifier s Role They should g) Provide the Inspection Plan as set out in Section 7 and shall oversee adherence to this plan; h) On termination or relinquishment of their appointment make available to the Building Owner all certification prepared and inspection reports carried out; i) is the single point of contact with the BCA during construction j) May refer disputes to the BCA, in respect of Compliance matters, relating to the building or works; and k) Maintains records of inspection

30 Changes COP- Roles and Duties Building Control Authority Specific duties of BCA are a) Process applications for Fire Certs and DAC and issue decisions on those applications; b) Validation of Commencement Notices/7-day Notices, assignments and undertakings c) To determine disputes referred to it by the Assigned Certifier, in respect of Compliance matters relating to the building or works d) At completion stage: validation of Certificate of Compliance (completion) e) Maintenance of a public register; and f) Maintain records, including records of inspection

31 Changes COP- Roles and Duties Building Control Authority o o o o Under 1990 Act BCA s have strong powers of inspection, enforcement and prosecution It is expected BCA s will undertake an appropriate level of assessment and inspection, incorporating significant milestone inspections however responsibility for inspections and certification remains with the Assigned certifier, Builder, Designers and Building Owner Where inspections are carried out by BCA they should make their inspection reports available to Assigned Certifiers and Builders on ongoing basis

32 Changes COP- Roles and Duties Inspection

33 Changes COP- Roles and Duties Inspection Subject to the appropriate professional judgement or risk assessment, and that it is not practicable for every item of work to which the requirements of the Building Regulations relate to be examined inspection should normally be made of: (a) Elements and components, the failure of which would, in the opinion of the certifier, be significant; (b) All works which, in the opinion of the certifier, constitute unusual designs or methods of construction; (c) Works relating to fire safety;./

34 Changes COP- Roles and Duties Inspection d) Any types of works, construction, equipment or material which could, if not verified, cause defects which would, in the opinion of the certifier or designated inspector, be seriously detrimental to the fundamental purposes of the Building Regulations; and e) any additional areas of work necessary for the subsequent issue of a certificate at completion

35 Changes COP- Roles and Duties 7.4 Follow up procedures Effective follow up procedures are essential to check ensure that previously noted non-compliance issues have been corrected. The person responsible for the particular inspection, e.g. the Assigned Certifier or the Ancillary Certifiers should check that the matter raised has been resolved satisfactorily.

36 PRACTICAL CONCERNS MIND THE GAP

37 PRACTICAL CONCERNS Liability Mind the Gap as DESIGNER Design Certificate - Commencement Stage - Ancillary Design Certificates Post Commencement? Inspection Plan - COP Guidance - Professional judgement Failure of omitted element? Inspection - Standard - Methodology - Record Failure of repetitive element

38 PRACTICAL CONCERNS Liability Mind the Gap as ASSIGNED CERTIFIER Extension of PII cover by underwriters as per PSDS/PSDP Competence? Of self; Of others Inspection - Standard - Methodology - Record Incomplete records Missing elements - inspection Ancillary Certificates - Confirming compliance of elements of the building Aspects not covered by Ancillary Cert Competence? Others and Self

39 PRACTICAL CONCERNS CONSUMER Mind the Gap as OWNER Appoint COMPETENT Persons - Basis of evaluation Rely on Statutory Registers? Rely on Declarations? Rely on Design Team? Ensure adequate resources? Who will advise? Open; Operate; Occupy Time frame for submission of Certificate of Compliance (Completion) & entry onto Register

40 PRACTICAL CONCERNS CONSUMER Mind the Gap as END USER Better product? - Competent Persons - Traceability follow the problem BUT Consumer redress? Absence of LDI (Latent Defects Insurance) No immediate redress Requirement STILL to -Litigate against everyone through protracted and costly court proceedings WILL ASSINGED CERTIFIER BE PRIMARY FOCUS?

41 PRACTICAL CONCERNS GENERALLY OVERSIGHT Mind the Gap INDEPENDENCE of Assigned Certifier owner, Contractor and Assigned Certifier can all be within same entity/ company Building Control Authority - Better use of Resources promised, - but no increased resources 3 rd Party Audit - Homebond / CRL? - LDI???

42 PRACTICAL CONCERNS GENERALLY TO FOLLOW / MISSING Mind the Gap STATUTORY REGISTER FOR CONTRACTORS BCA FRAMEWORK AMENDMENTS TO CONSTRUCTION CONTRACTS - Prelims - Information generally GUIDANCE STANDARDS FOR INSPECTION REGISTER OF ANCILLARY CERTIFIERS?

43 IN SUMMARY BC(A)R Engages Owner more formally Should create better awareness of all involved More onerous for all involved in construction process: - documentation - evaluation - Public statement as to Compliance It will cost more In a perfect world it should ultimately make it easier to do my job well

44 RIAI SUPPORT

45 RIAI SUPPORT Documents Other Member Support Consumer Interest Conditions of Appointment for Assigned Certifier Addendums to contracts and documents Code of Practice for Assigned Certifier Code of Practice for Ancillary Certifier Aide Memoire Guidance documents for Inspections CPD Expert Group to respond to referrals Continue to seek mandatory LDI Maintain up to date Register

46 Frequently Asked Questions

47 Frequently Asked Questions Can the Assigned Certifier Resign? Can the builder resign or be dismissed? Can tenant be owner for purpose of Regulations? Is Phased occupation permitted? Can design be altered after commencement? Can person acting as Assigned Certifier be different to the Architect or member of Design Team? Can my Intellectual Property be protected? YES YES YES YES YES YES YES

48 Frequently Asked Questions Does the entire design have to be complete prior to lodgement of Commencement Notice? Do I have to upload all my drawings and specs? Are partially completed buildings which require a new commencement notice exempt? Does the Assigned Certifier have to be independent of Builder? Can building be occupied before Completion Certificate is entered onto Register by BCA? Is there a Transitional Period? NO NO NO NO NO NO

49 THANK YOU