Building Control (Amendment) Regulations 2014 Briefing for Engineers Ireland 17 January 2014 - Martin Vaughan, Assistant Principal Officer ...

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      Building Control (Amendment) Regulations
                         2014

                  Briefing for Engineers Ireland

                              17 January 2014

Martin Vaughan, Assistant Principal Officer,
Architecture/Building Standards
Department of the Environment, Community & Local Government

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    Reform Agenda
   Activate section 6(2)(a)(i) of the Act of 1990 requiring
    submission of Certificates of Compliance
   Regionalised/shared services model of Building
    Control administration
   Online Building Control Management Systems
   Standardised approaches & common protocols to
    ensure nationwide consistency in building control
   Construction Industry Register Ireland
   Review of registration arrangements for architects
   Latent Defects Insurance

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Current Context
 SI 80 of 2013 currently in law

 New SI will revoke and replace SI 80 of 2013:
  ─ Modification of certs for insurability/legal reasons
  ─ Strongly support electronic administration
  ─ Essential corrections

 No change in approach or key principles

 Effective date: 1 March 2014

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 S.I. 80 of 2013 – Major Elements

      Activating Certificates of Compliance
        under Building Control Act 1990

      1.            2.          3.            4.
 Mandatory      Lodgement   Mandatory    Validation &
Certification    of Plans   Inspection   Registration

       NB: Validation does not mean approval

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1. Mandatory Certification
Mandatory Certificates of Compliance:

a) Design Certificate at Commencement

b) Assigned Certifier - Undertaking to inspect and certify
   the work

c) Builder - Undertaking to Build and Certify

d) Completion Certificate of Compliance by Builder and
   Assigned Certifier

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About the proposed Certificates
 Chain of responsibility

 Statements are precisely worded and the context is
  clearly set;

 Certificates do what they claim to do: they certify
  compliance

 Clear representation of legal responsibilities set out
  in Act of 1990

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2. Lodgement of Plans

Commencement:
 General arrangement drawings
 List of design documents (as prepared or to be
  prepared)
 Outline statement of compliance approach
 Proposed inspection plan

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2. Lodgement of Plans
Completion:
“such plans, calculations, specifications and
   particulars as are necessary to outline how the
   works or building as completed
i. differs from plans, calculations, specifications
   and particulars submitted” at commencement
   and
ii. “complies with the requirements of the Second
    Schedule of the Building Regulations”.

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3. Mandatory inspection
 Code of Practice for Persons Inspecting and
  Certifying Buildings or Works
  ─ Operating context

  ─ roles & responsibilities of Assigned Certifier and others

  ─ approach to inspection/certification, information to be lodged, etc.

 Assigned Certifier to draw up Inspection Plan &
  execute it with others as nominated
 Lodgement of provisional and final Inspection Plan

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4.Validation and Registration

 A Certificate of Compliance on Completion must
  be submitted
 Plans, calculations, specifications and particulars
  for any amendments from those submitted at
  commencement
 Inspection Plan as implemented by assigned
  certifier

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4. Validation and Registration
  Building Control Authority may reject the
   certificate and documentation or query within
   21 days
  Typical checks – documents received (not
   scrutinised), signatories – registered &
   assigned, enforcement notices, conditions on
   FSC / DACs
  Completion Certificate must be on register
   before building is opened, occupied or used.

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New SI – Key Changes
 Building Control Management System defined
  and identified as the preferred means of building
  control administration
   ─ Administrative charge for scanning / uploading paper submissions

   ─ ‘Electronic or otherwise’ replacing ‘in writing’

 Correction: Regs apply to extensions to
  dwellings involving a total floor area greater than
  40 square metres.

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New SI – Key Changes
 Validation period of Completion Certificate – 21
  day period extended by 7 days where additional
  information is sought

 BCMS facilitates ‘automatic’ inclusion on register
  if no queries raised within 21 days
  ─ N.B. S 6(4) of Building Control Act 1990

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New SI – Key Changes (Certs)
 Construction Industry Register Ireland
  Registration No. included

 Design Certificate:
   ─ Deleted word owner’s from ‘owner’s design team’ (Design and
     Build contracts)
   ─ Reasonable skill, care and diligence
 Completion Certificate
   ─ Changed order of clauses
   ─ Split confirming inspection plan into new clause
   ─ Certifying statement: “based on the above” and “relying on
     ancillary certificates scheduled”

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Final Cert - Part A - Builder

 2. I confirm that I am the Builder assigned by the owner to construct, supervise and certify the
 building or works.
 3. I certify, having exercised reasonable skill, care and diligence, that the building or works as
 completed has been constructed in accordance with the plans, calculations, specifications,
 ancillary certificates and particulars as certified under the Form of Certificate of Compliance
 (Design) and listed in the schedule to the Commencement / 7 Day Notice relevant to the
 above building or works, together with such further plans, calculations, specifications, ancillary
 certificates and particulars, if any, as have been subsequently issued to me and certified
 and submitted to the Building Control Authority, and such other documents relevant to
 compliance with the requirements of the Second Schedule to the Building Regulations as
 shall be retained by me as outlined in the Code of Practice for Inspecting and Certifying
 Buildings and Works.
 4. Reliant on the foregoing, I certify that the works are in compliance with the requirements of
 the Second Schedule to the Building Regulations insofar as they apply to the building or
 works concerned.

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Final Cert - Part B - Assigned
Certifier
5. I confirm that I am the Assigned Certifier assigned by the owner to inspect and certify the
building or works concerned.
6. Plans, calculations, specifications and ancillary certificates and particulars as required for
the purposes of Part IIIC of the Building Control Regulations are included in the Annex
(see attached).
7. I now confirm that the inspection plan, drawn up having regard to the Code of Practice for
Inspecting and Certifying Buildings and Works, or equivalent, has been undertaken by the
undersigned having exercised reasonable skill, care and diligence, and by others nominated
therein, as appropriate, on the basis that all have exercised reasonable skill, care and diligence
in certifying their work in the ancillary certificates scheduled.
8. Based on the above, and relying on the ancillary certificates scheduled, I now certify, having
exercised reasonable skill, care and diligence, that the building or works is in compliance
with the requirements of the Second Schedule to the Building Regulations, insofar as they
apply to the building or works concerned.

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Thank You!

GENERAL ENQUIRIES

   www.environ.ie/buildingstandards
   buildingstandards@environ.ie