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Building Control Regulations (Amendment) 2014 Engineers Ireland Fire Safety Division 22 nd January 2014 Calum McMillan [email protected]
Building Control Regulations (Amendment) 2014
Engineers Ireland
Fire Safety Division
22nd January 2014
Calum McMillan
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Building Control Regulations | Overview
Building Control Regulations | Overview
1 - Recent Events and updates
- What’s been happening lately
- When does the new system begin
2 - A look back at the old system
- The requirements
- Certification
3 - Where we’re going:
- Building Control (Amendment) Regulations 2014.
- Key Reforms
- The Code of Practice
- Roles and responsibilities
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Building Control Regulations | Overview
Building Control Regulations | Overview
4 – The Challenges
- What does the future hold?
- Will the system work?
- How do we compare with elsewhere?
5 – Summary and Open Forum
Recent Events and Updates
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1 - Recent Events and Update
SI 80 signed into law March 2013
Significant Error (s) in this SI
Allowed 2nd Round of consultations
SI 80 to be revoked and replaced with SI 9
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1- Recent Events and Update
- Text stated they applied to dwellings under 40sqm
- The wording of the certificates had altered and were considered unworkable i.e. Gave a 100% guarantee
SI 80 signed into law March 2013
Significant Error (s) in this SI
Allowed 2nd Round of consultations
SI 80 to be revoked and replaced with SI
9
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1 - Recent Events and Update
- Triggered the opportunity for renewed consultations
- RIAI, CIF, IEI, ACEI and RICS
- Senior Council
- Negotiations from July to November with close meeting in December
SI 80 signed into law March 2013
Significant Error (s) in this SI
Allowed 2nd Round of consultations
SI 80 to be revoked and replaced with SI
9
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1- Recent Events and Update
- Changes have been made to both the code of practice and the Regulations
- New SI 9 Signed off by minister and expected to be published this week.
SI 80 signed into law March 2013
Significant Error (s) in this SI
Allowed 2nd Round of consultations
SI 80 to be revoked and replaced with SI
9
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1 - Recent Events and Updates
- New SI to be formally published (expected later this week) – hot of the press,
- The Code of Practice is still in draft format
- There is no agreed wording for ancillary certificates
- The National E – Lodgement & Registration System is being implemented in phases
- These Regulations apply to all projects if the commencement notice is lodged on or after 1st March 2014!
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The New Building Control Regulations shall be applied to:
- The design and construction of a new dwelling
- The extension to a dwelling involving a total floor area greater than 40sqm
- Works to which part III applies i.e. require a fire safety certificate *
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Building Control Regulations (Amendment) 2014
2 -A look back at the current system
Building Control Acts
1990 & 2007
Building Regulations Building Control
Regulations 1997-2009
Technical Guidance
Documents
Commencement notices
Fire Safety Certificates
Disability Access
Certificates
7 day notices
Lodgement of Plans
Design Certificates
Notices of Assignment
Undertaken certificates
Completion Certificates
Validation by BCA
Site Inspection Plan
Public Register
CODE OF PRACTICE
(Inspection and Certifying)
2 -A look back at the old system...
"Those who cannot learn from history are doomed to repeat
it." George Santayana
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Typical Project Plan – The Old System
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
Fire Engineer appointed
Lodgement and award of FSC
Application
Review design development?
Review tender specs?
Typical
Only
optional Site Role? Witnessing and
commissioning?
Certification?
2 -A look back at the current system
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Standard Opinions of compliance (SE 9101)
- Quite often based on visual (non evasive) inspection and substantial compliance
- Could be qualified based on scope and appointment
- Reliant on other certificates outlined in the schedule
- SE 9101 Conditions clause – average frequent of site visits is “normally fortnightly
2 -A look back at the current system
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Was the old system working?
- Property boom led to some poorly designed and constructed buildings*
- Opinions of substantial compliance issued can be qualified – little accountability and nobody to sue.
- Huge amount of public pressure
- “A rolling set of guarantees” “Traceability” “accountability”*
2 -A look back at the current system
3 - Where we’re going...
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3 - Where we’re going… Overview:
- Typical project plan and the implications
- Major reforms
- Roles and responsibilities
- The Code of Practice
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Typical Project Plan – Where we’re going
3 –Where we’re going
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
3 –Where we’re going
Appoint team
Ensure team is
competent and will
adequate resources are
made available to
design, construct, certify
and inspect the building
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
3 –Where we’re going
FSC Application
Commencement
notice
GA plans, sections and
elevations
Assessment of proposed
approach to comply with BR’s
via online management system
Preliminary inspection plan
Schedule of plans and
specifications
Certificate of design and
notices of undertakings
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
3 –Where we’re going
Implementation of inspection
plan
Identify and inspect at agreed
milestones including testing
Ensure records of inspection
and close out non compliances
FSC Application
Commencement
notice
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
3 –Where we’re going
Submission of Certificates of
completion
Submission of amended plans,
specs etc
Submission of implemented
inspection plan
BCA Validation before building
can be occupied
FSC Application
Commencement
notice
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
Fire Engineer appointed
Lodgement and award of FSC
Application
Review design development?
Review tender specs?
Site Role? Witnessing and
commissioning?
Certification?
3 –Where we’re going
Typical
Only
optional
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
Fire Engineer appointed
Lodgement and award of FSC
Application
Review design development?
Review tender specs?
Site Role? Witnessing and
commissioning?
Certification?
3 –Where we’re going
Typical
Only
optional
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
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Typical Project Plan – Where we’re going
Project Kick off
Concept to Scheme Design
Design Development
Tender
Construction
Completion
Fire Engineer or person
responsible for that Part B
3 –Where we’re going
26 Major Reforms
2. Submission of
plans &
documentation
1. Mandatory
Certification
3. Mandatory
Inspection 4. Role of Building
Control
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1. Mandatory Certification
and undertakings
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Commencement/
Design stage
Lead Design
Certifier
Ancillary Design certifiers
Completion
Stage
Site inspection plan
Assigned Certifier
Ancillary completion certifiers
Ancillary Design Certificate
Builder undertaking
Building Owner undertaking
Ancillary Certifier
undertaking
Building Certificate of compliance
Construction
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Design Certificate
Mandatory Certificates of Compliance
Designer:
Design Certificate
- This will certify the design for all parts of Building Regulations (Parts A-M).
- The will rely on ancillary certification (back to back).
- It will be a single named person – on behalf of company
30 Mandatory Certificates of Compliance
Assigned Certifier:
Undertaken to inspect
and certify
- Undertaking in compliance with the code of practice
31 Mandatory Certificates of Compliance
Assigner Certifier:
Completion Certificate
of Compliance
- Confirmation or undertaking in compliance with the code of practice
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Who is qualified to sign a design certificate or act as an assigned certifier?
- Registered Architect
- Chartered Engineer
- Registered Building Surveyor
- Must be a Competent Person
- There is no qualtification requirement for ancillary certifiers
- There is currently no template of the certificate in the Regs of CoP.
Mandatory Certificates of Compliance
33 Submission of plans and documentation
2. Submission of plans &
documentation
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Submission of Plans and design documentation
At Commencement: - GA’s
- A Schedule of design documents currently prepared or to be prepared,
- An online assessment plan of the proposed approach to comply with Building Regulations A-M via the BCMS,
- The preliminary Inspection plan
- Certificates as noted previously
- No general requirement for detailed specifications, structural drawings or calculations omitted but must keep a record of these
Submission of plans and documentation
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Lodging of Plans and design documentation
At Completion
- Plans, specifications and particulars, for any amendments from
those submitted at commencement stage or during the course of the works, are submitted by the assigned certifier,
- The inspection plan as implemented,
- Certificates of compliance as noted previously
Submission of plans and documentation
36 Mandatory inspection
3. Mandatory Inspection
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Mandatory Inspection
- Assigned Certifier must inspect and coordinate the inspection by other sub certifiers
- The role is not to supervise the builder
- Assigned Certifier may be independent from designer
- Assigner Certifier must develop:
- Site Inspection Plan of appropriate intensity and frequency
- Agree a Inspection Notification Framework with Client and Builder - Identify items or stages of work for notification - Identify Ancillary certifier stages
Mandatory inspection
38 Mandatory Inspection
- The inspection plan will be dependent on a risk assessment and professional judgement relating to items such as:
- Type of building, construction, expertise of builder, - The complexity of the construction method, - Based on experience on non compliance issues - The impracticality or impossibility of subsequent inspection of
closed up work - Related to serious consequences
- Must include inspection of (amongst others): - Elements and components, the failure of which would, be
significant, - Work relating to fire safety, - Any work if not verified would be serious detrimental to the
fundamental purposes of the BR’s
Mandatory Inspection
39 Mandatory Inspection
- Inspection frequency - Scope and frequency formally written into the plan - Include critical milestones, not just periodic visits - This is a “live” document – constantly reviewed.
- Inspection Notification Framework (INF) - Agreement between AC, Building owner and builder before
commencement - Identify stages of work where notification is needed for
inspection and tests - Prepared in conjunction with designer and ancillary certifiers
- Closing out of non conformances
- Maintain Records as evidence of Inspection
Mandatory Inspection
40 The Role of Building Control
4. The Role of Building
Control
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The Role of the Building Control Authority
- Validation of commencement notices and associated documentation
- No obligation but have the powers to carry out a technical
assessment at commencement or completion - Assessment should be based on risk and random selection
- Validation of completions certificates,
- It is not appropriate for the BCA to carry out a technical
assessment at this stage - Checking certs signed and completed, - No unresolved issues
The Role of Building Control
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The Role of the Building Control Authority
- BCA’s are expected to carry out a certain level of assessment and inspection – 15%
- Inspections to include at least 4 key milestones
- Inspections based on risk assessment
- Responsibility remains with AC, Builders, Designers and Builder Owners
- To determine disputes referred by Ancillary Certifier
The Role of Building Control
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Challenges for Building Control Authority
- A Frameworks for BCA’s is in draft to establish roles and Duties
- Risk assessment approaches to be adopted
- Consistency and standardisation
- Inspection and reporting systems to be implemented.
- Resources.
The Role of Building Control
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Roles and Responsibilities Roles Responsibilities Certificates
Building
Owner
- Appoint relevant and competent persons (designer,
builder and AC)
- Ensure adequate resources
- Commencement
notice
- Declaration of
appointment
Lead Designer - Design their element and provide documentation
- Coordination of ancillary designers and associated
certificates
- Advice relating to proposed inspection regime plan
- Maintain records of design and inspection
- Design Certificate
- Collate Ancillary
Design Certs
Assigned
Certifier
- Inspect and certify works (Maybe)
- Identify all sub certificates and specialists required
- Coordinate all ancillary certifiers
- Plan and oversee inspection plan
- Single point of contact for BCA
- Undertaken
certificate
- Completion
certificate
- Collate Ancillary certs
Builder - Build in accordance with submitted plans and
specifications
- Appoint competent persons to oversee works
- Facilitate inspection plan
- Undertaken
certificate
- Completion
certificate
BCA - Validate the documentation submitted
- Inspections based on risk assessment
- None
How do I ensure compliance with the new system?
- Under Article 20 (g) of BCR’s the Code of Practice this shall, prima facie, indicate compliance with the requirement of these BC Regulations
- Similar status to TGD’s
- Still in Draft with a number of changes made since original
- Subjective and open to interpretation.
What does the future hold and will the new system work?
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Will it be successful and are we doing enough?
- Only time will tell, but……
- It’s still self certification but with mandatory requirements
- It will undoubtedly lead to better practice and support a “culture of compliance”
- Who will take on the relevant roles?
- Can the Market absorb the additional cost?
- Does it achieve the Ministers goals?
- Consumer protection?
- Will still require costly and drawn out litigation,
- Latent defects insurance
- In terms of fire safety, is it enough?
- Fire Risk Assessments – mandatory
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What the Future holds for Ireland
- Mandatory Registration of builders (code of conduct, oversight insurance, entry standards, sanctions)
- Approved inspectors from private sector (med – long term)
- Third Party Impartial certification or peer reviews
- Latent Defects Insurance - cover against defective design, materials or workmanship that are only discovered after construction of a building is complete
- Regular Review of the new system
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How do we compare with other countries?
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England and Wales
- AHJ – Building Control (or Approved Inspector in England) Fire Service for non-compliant or fire fighting items
- Fire Strategy Report is typically submitted to AHJ at scheme design stage for ‘in principle approval’
- Works can commence without this
- Fire Engineer does not have a role on siteto comply with legislation
- AHJ must be invited to visit the site but don’t need to go
- Building control or Approved inspector may issue completion of works
- Legal liability generally lies with the Builder
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Scotland
- AHJ – Building Control Fire Service for non-compliant items
- Fire Strategy Report is typically submitted to obtain building warrant before commencement
- Fire Engineer does not need to have a role on site (site inspection) to comply with legislation
- AHJ typically do visit the site
- Applicants does submit Cert of Completion which is accepted or rejected by AHJ (typically contractor)
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UAE
- AHJ – Fire Service in UAE known as Civil Defence
- Fire Strategy submitted and approved by House of Expertise (Third Party) and then AHJ prior to construction stage and additionally, prior to handover.
- Fire Engineer/Architect of Record have a formal role on site in UAE (incl. inspection and testing).
- AHJ typically do visit the site prior to h/over
- Generally 3 stage approach: Fire Engineer/Architect of Record,
House of Expertise (third party) and the AHJ Certify the works.
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Australia
- AHJ – Accredited Certifier (generally private certifier)
- Fire Engineering Report (produced only if non-compliant items) must be submitted to AHJ at detailed design stage for approval
- Fire Engineer does not have a role on site to comply with legislation (except NSW); however AHJ typically request this regardless
- AHJ certify the work is complete in accordance with the regulations; AHJ issue Occupation Certificate (OC)
- AHJ do visit the site regularly; the Fire Service will typically visit the site at completion
- Building does need OC from AHJ prior to h/over
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USA
- AHJ – Fire Service and Building Control
- Full construction documents must be submitted to AHJ for approval and permit prior to commencement
- Fire Engineer does have a role on site to comply with legislation
- The designer of a particular system certifies the work is complete in accordance with the regulations, plans, specs and codes
- AHJ do visit the site; the Fire Service typically at the end of construction stage for final testing
- A Certificate of Occupancy (CO) is normally required prior to occupancy provided by AHJ.
- AHJ rely on Certs from contractors and designers - in providing CO.
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Summary
• The new system is a game changer for the industry (a lot of these should be getting done in the current system)
• The system will be in place for any commencement notice lodged on or after 1st March 2014,
• SI 9, 2014 has been signed off but other critical parts are incomplete
• Your scope will need to change accordingly
• Still Self certification but with a clear line of accountability
Thank You for Your Time
Questions?
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Disclaimer
This presentation is for educational purposes only. It is designed to provide
general information and is not intended to be a complete or exhaustive narrative
of the Building Control Regulations. Recipients should not rely on the content
and we accept no responsibility for such use. These slides may not be used or
copied without the express written consent of Arup.
