BUILDING CONTROL Amendment. Regulations. BUILDING CONTROL Amendment

Transcription

1 BUILDING CONTROL Amendment Regulations BUILDING CONTROL Amendment Regulations (2013) Update A Building Surveyor s Perspective Presentation at Engineers Ireland January 2014 Kevin Sheridan EurBE, MSc CEnv, FSCSI, FRICS FIBCI FCIOB, FBEng, MICE, FCInstCES, PEng President AEEBC

2 Background & Context Background/ Context Consultation & Implementation Processes Challenges & Expectations Impact on the Key Players Some implementation Issues/concerns

3 BCAR Recent Developments & Issues Stakeholder/COP groups reconvened over the Summer until the end of the year to attempt to change, aspects of SI BCAR Regs (SI ) & COP particularly wording on certificates Challenge in COP working Group / Stakeholders committees Engagement by all to embrace the system and effect meaningful difference without compromising member protection Requirement for dissemination of information, Training & Support Clock to implementation is ticking (Running Out )

4 Evolution of Building control system Dublin Corporation & other limited Local Authorities) Bye-laws (Prescriptive) (ceased to have effect after 31 May 1992)- (WYSIWYG) 1990: Building Control Act 1991: Building Regulations and Building Control Regulations 1992: Commencement of Current Regulatory regime 1997: Regulations revised/consolidated 2007 Building Control Act Registration of Titles Unlike UK we never had a Local Authority Building Regs approval system

5 Blank 2 Stakeholder Engagement More about mitigating risk to industry stakeholders than negotiation (limited wriggle room) Consumer protection was significant factor Focussed on changes to certification wording & COP

6 PARTICIPATION IN RELATION TO Moderating & influencing Criteria COP working Group Influence? Prior to COP working Group individual professions had own priorities & (comfort zones) Universal agreement on need to Change (However not everyone agreed on the solution) Initially Operating in Silos inside the Tent From dependence limited (Byelaws) independence Laissez Faire/Light Touch Regs (current system) limited BCA oversight) interdependence - (New system) Interdependencies and movement towards a total system approach?

7 Consumer Protection Given the rising tide of customer frustration & expectation, how do we increase quality and give better value to our customers? Each industry player is a link in the Chain Public Interest Addressing accusation All professions are conspiracies against the laity. GBS Surrogate regulators (industry associations assisting towards Reduce level of Moral Administering self-regulatory Hazard processes) Inertia /Analysis Paralysis?

8 Regulatory Compliance Culture Accountability- Everyone is accountable for their work Vigilance- (Don t overly rely on good performance ) Leadership- (Under pressure) Documenting /Reporting Learning- (from prior deficiencies/mistakes) Equity/Justice Engagement Empowerment Discipline Competency Communication Awareness Adaptability (to Change)

9 Society of Chartered Surveyors Ireland SCSI( & other Building Surveyor organisations) made formal Submission to DoECLG in 2011 Participated in Stakeholder and COP working Groups Building Control Act 2007 Registration of : Architects Part 3 Building Surveyors Part 5 (Charter Amendment) Act 1969 Chartered Engineers on register pursuant to Section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969, Must have specific competences to Design, and/ or inspect and certify the specific types of works

10 Building Surveyor 1 One of the designated competent categories identified under the 2007 BCA Regulations 2 Potential role as a Designer/Assigned certifier (competence important as applies to other designated professionals) 3 BS Building Control role in UK & Europe (CEBC/AEEBC) Consortium for European Building Control) & Association of European Building Surveyors & Construction Experts) 4 Specialism in Pathology, Fire Safety Certificates, Design, Project Management Renovations etc

11 Responsibilities of various parties in BCAR

12 Current BCAR Step-Change Scene Complex (Legal Interpretations) & difficult practical implementation Considerable range of conflicting stakeholder expectations, demands and concerns Requires engagement, planning and commitment Change can be intensely personal and political A business as usual approach is not an option (not acceptable or possible)

13 Key Players responsibilities 1 Owner: has primary & legal responsibility for building (leverage) 2 Builder: appointed to build and supervise the works 3 Designer responsible for designs works, compiles plans and specifications, inspects where appropriate etc 4 Assigned Certifier: implements inspection plan follows up and jointly certifies (may also be No3) 5 Ancillary Certifiers: e.g. specialist designers / Subcontractors etc 6 Building Control Authority: maintains Register, process validation, risk assessed inspections

14 Design Certifier: Responsible for designing & compiling plans and specifications (General Arrangement Drawings, Drawing Schedules etc ) for Commencement Notice requirements, co-ordinates design & carry out inspections for their designed works as required in the Inspection Plan Time frames for project from start to completion-needs to be allowed for

15 Owner Responsibilities Not Passive but must exercise diligence in selecting Designer, Assigned Certifier & builder- (re qualifications & appropriate experience) not just Yellow Pages selection Enable certifiers to act in independent manner Must allow adequate time frame & budget Submit notice of change of the assigned certifier or builder to the BCA within 14 days Non commercial clients How can they be assisted to assess competence?

16 Assessment of competency and compliance declarations Coherent questionnaires required to determine competency of Designer, Builder & Assigned Certifiers Demonstrating compliance of Parts A to M more than just ticking boxes Pro Forma Guidance and Code of Conduct

17 During Construction BUILDER Builders Registration initially voluntary scheme, Constructs in accordance with the plans and specifications Reliant on the plans and specifications (Squaring the Circle) Constructs in accordance with the Building regulations Co-operates with the Assigned Certifier regarding implementation of the site inspection plan Ensures that any design carried out by them or their sub-contractors is certified and available to assigned certifier. (P.I.?) Needs to ensure competence of each defined designated specialist category of operation.

18 Assigned Certifier Role Is Not A clerk of works or Resident Engineer service, monitoring every stage of the construction process on site. Focus on Key stages listed in Inspection plan & INF Ultimately, compliance is the responsibility of the person carrying out the works. Responsibilities & risks however are shared Not a service to address issues such as snagging finishes and aesthetics.

19 Assigned Certifier Role Is Not principally a service to offer contractual protection to a client in a contract with a builder. Not a 100% guarantee of compliance by the AC only. Primary role is to coordinate, certify and to reduce risk, but does not remove the obligation of the other parties to achieve compliance with the Building Regulations. Insurance Implications PI & Project Insurance not covered in Regs

20 Assigned Certifier Role Inspection Plan & inspection notification framework relies on ancillary certifiers Assigned Certifier is not an expert on all aspects Liaison with Resident Engineer (where appropriate) Compilation of ancillary certificates, relationship and requirements New forms for appointment ( notices of assignment ) of assigned certifier (RIAI, EI, ACEI SCSI)

21 Assigned Certifier Primary point of contact with BCA Scope & Currency of competence Performs significant Project Management role regarding Inspection Plan/INF /Scheduling, more so than that of an auditor role Needs to negotiate and agree inspection plan and INF Important not to overly rely on Insurance as a crutch (Personal liability & Run off cover)

22 Local authorities BCA Online Building Control and management system overlapping with Planning System Currently (given the commencement date in March) more focus on (FRONT END) on validation (more of an administration process) than (BACK END technical auditing of performance on the ground Risk profiling of inspection workload how will it work?

23 Local Authority BCA in an era of fiscal constraint Government resources are necessarily limited. Evidence of commitment to adequately ensure BCO technical resources on the ground? The current version of COP suggested inspection Guidelines TARGET levels of 15% Inspections of buildings with Minimum of 4 key milestones (COP) (previously 12 to 15%with many buildings subject to just one inspection BCA reorganisation to allow for most efficient regional response to policing system

24 4 Issues for consideration

25 Issues in the BCA system Contract documentation needs to be reviewed. If Changes of assigned Certifier or builder occur, it gives rise to complications and delays Validation of a completion certificate and placing on a register can have commercial and legal implications, however, undiscovered defects/ inadequacies can be more problematic in the long run. Unless LA BCO Oversight is adequate the Assigned certifiers may be isolated and exposed to more commercial pressures Need to carry out a timely review of effectiveness of both the Front End (Lodgement process) & Back End (Risk-based Inspection system) of BCO after a reasonable implementation period

26 Training & Information for members required Need for CPD updates Issues for consideration Ancillary Certificates More guidance; & Common Multidisciplinary Professional templates (working group) Consolidated Regs (Draft DoECLG) required Impact on small works e.g. direct labour only, small fit-outs Elephant in the room =Contractual & Civil Liability fears

27 Change A change in approach, systems and attitude is needed by all to deliver the much needed improvements in the BCAR Process, All need to take ownership of the implementation & management of the system and show leadership and effective partnership Focus on effective planning and managing risk Ensure all work within their competence

28 BC Amended Regulations Not a Panacea No magic wand The best is the enemy of the good. Voltaire Balanced? Best fit on offer in the current situation to ensure some progress? God grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. Rheinhold Niebuhr Devil is in the detail!!

29 (George Bernard Shaw quote ) We are made wise not by the recollection of our past, but by the responsibility for our future.

30 Summary Background/ Context Consultation & Implementation Processes Challenges & Expectations Impact on the Key Players Some implementation Issues/concerns