Building Control (Amendment) Regulations ASFP Ireland Fire Protection Module At FMI Conference & Exhibition RDS 6 March 2013

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  Building Control (Amendment) Regulations

       ASFP Ireland Fire Protection Module
         At FMI Conference & Exhibition

                   RDS 6 March 2013

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

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 Current Status of regulations
 Minister released detailed proposals for public consultation
  in April 2012 for 6 weeks.
 504 submissions received – All shared desire for change
 Further engagement with professional bodies and CIF to
  ensure final proposals are understood by all concerned
  and will work effectively in practice.
 All submissions reviewed and definitive proposals now
  before Minister.
 Minister will sign the S.I. into law this week to come into
  effect from 1 March 2014.

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 Today’s Presentation

 High level of overview of new regulations

 Supplementary Information –

   ─ Appendix 1: Article by Article summary of regulations (including
     wording of certificates)

   ─ Appendix 2: Overview of Code of Practice for Inspecting and
     Certifying Building Works

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Purpose of Building Regulations
        Building Control Acts 1990 to 2007
         Building Regulations 1997-2012
   Building Control Regulations 1997 to 2013

 To secure the:
    ─ health;
    ─ safety; and
    ─ welfare of people in or about buildings

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  The Issue

• The current system of control is not consistently
  delivering the required standards.

• We have some buildings that are sub-standard
  and poorly constructed.

• We must ensure the safety of people who live,
  work or use buildings.

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The Solution

 Three broad measures have been identified as being
 necessary:

 1.To strengthen the systems of control that we have.

 2.To ensure that the systems of control are properly
 applied.

 3.To improve the system of inspection and oversight.

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Minister’s Approved Measures
(July 2011)
    Commencement of section 6(2)(a)(i) of the Act of 1990
     requiring the submission of certificates of compliance with the
     building regulations
    Lodgement of drawings/particulars demonstrating compliance
     with Building Regulations (also provided for in Act 0f 1990)
    Regionalised/shared services model for the administration of
     Building control functions
    Standardised approaches & common protocols to ensure
     nationwide consistency in building control administration
    Support & further development of building control function

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Minister’s approved Measures
(July 2011)
5 measures:
   ─ 2 Regulatory &
   ─ 3 Administrative/Structural reforms

Regulatory Measures:

1) mandatory certificates of compliance

2) lodgement of drawings/documents at commencement
  and completion, demonstrating compliance

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Minister’s approved Measures cont.

  Administrative/Structural Reforms:
  3) more efficient pooling of building control authorities’
     staff and resources for more effective oversight of
     building activity;
  4) standardised approaches and protocols for
     consistency of administration nationwide;
  5) better support / development of building control
     function.

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Regulatory Reforms – Key Features
a) Responsibility will continue to rest with the owners and
   builders
b) Certification required in relation to design and
   construction
c) Inspection Plan for each building
d) Stronger emphasis on competence
e) Chain of responsibility following commencement notice
f) Increased status of public register

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Draft Regulations – Major Elements

               Next Steps
        Activating Certificates of
       Compliance under Building
            Control Act 1990

 1. Mandatory           2. Lodgement
 Certification             of Plans

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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

   Certificates proposed are significantly
    different from the current ‘opinions of
    compliance’ – the statements are precisely
    worded and the context is clearly set;

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

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     2. Lodgement of Plans
Commencement:

“such plans, calculations, specifications
  and particulars as are necessary to
  demonstrate how the proposed works or
  building will comply with the requirements of
  the Second Schedule of the Building
  Regulations insofar as they are relevant to
  the building or works concerned”

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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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Different Stages:

 1. Commencement

 2. Completion

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Commencement Stage
   Submit Commencement Notice with:

    a) Plans, calculations, specifications and particulars necessary to show
       how the building work will comply with the building regulations

    b) Certificate of Compliance (Design)

    c) Notice of Assignment of person to inspect and certify works -
       signed by building owner

    d) Certificate of Undertaking from the person assigned to inspect
       supervise and certify works

    e) Fee

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Completion Stage

  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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Completion Stage Cont.

  Building Control Authority may reject and
   return the certificate and documentation

  The certificate must be submitted and
   referenced on register before a building may
   be opened, used or occupied.

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Code of Practice

   A code of practice is to be published to accompany
    the new regulations

   It will cover matters such as guidance on approach
    to inspection and supervision, levels of information
    to be submitted with plans etc.

   The building control authorities will have to have
    regard to the code in planning their own inspections

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Future Focus

   Register of approved inspectors/certifiers
      Working to statutory Code of Practice
   Registration of Builders and Contractors
   Building Control Administration - Electronic
    administration, consistency of administration,
    regionalisation & shared services
   Insurance Cover
   Accessibility of registers – practically trained
    practitioners

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Thank You!

GENERAL ENQUIRIES

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

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                                  Appendix 1

                               Key articles of

      Building Control Amendment Regulations
                        2013

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

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     Aim of Amendment Regulations

       Certificates of Compliance
         ─ By designer (prior to commencement)
         ─ By Competent Person Assigned by
           Owner/Developer to inspect and certify
         ─ By Builder
       To require submission of drawings demonstrating
        compliance at commencement & on completion
       To require registration of completion certificate
        before occupation or use.

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Articles 2 & 3

   Article 2 - Effective Date: Provisionally intended as 1
    October 2013 subject to confirmation

   Article 3 - Standard Interpretations – Certificates of
    compliance clearly linked to section 6(2) of the Act of
    1990

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Article 5 (Commencement notice)

  New wording dealing with form of Commencement
   Notice

  Commencement Notice must be signed by
   owner/developer (s.8 of form)

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Article 5 (Cont.)
 Relevant buildings/works additionally require
 (i) plans, calculations, specifications and particulars
 (ii) Certificate of Compliance (Design) -
 (iii) Notice of Assignment of Person Inspect and Certify Works
       (Assigned Certifier)
 (iv) Notice of Assignment of Builder
 (v) Undertakings of compliance by Assigned Certifier and Builder

 New arrangements apply to
    ─ New buildings, including single dwellings
    ─ Extensions greater that 40m2 (floor area)
    ─ Buildings/works which require a Fire Safety Certificate

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Design Certificate
   Designer confirms registration.

   Designer confirms competence “to carry out my design and
    coordinate the design of others”

   Designer confirms that design documents submitted, “which
    have been prepared exercising reasonable skill, care and
    diligence by me and prepared by others ….whose design
    activities I have coordinated, have been prepared to
    demonstrate compliance with the requirements….”

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     Design Certificate

        “ I certify that, having regard to the plans, specifications,
        calculations, ancillary certificates and particulars referred to….,
        the proposed design for the works or building is in
        compliance with the requirements of the Second Schedule
        of the Building Regulations insofar as they apply to the
        building works concerned.”

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Assignment of Assigned Certifier

   Person named on register pursuant to Part 3 or 5 of
    the Act of 2007 or S.7 of the Institution of Civil
    Engineers (Charter Amendment) Act 1969

   Competent to inspect, coordinate inspection work of
    others and certify works concerned

   Will work to Code of Practice to be published by
    Minister and respond to BCA information requests

   Owner obligated to notify BCA of change of person

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Undertaking Assigned Certifier

      “In accordance with the Code of Practice for Inspecting and

      Certifying Building Works or equivalent, I undertake to use

      reasonable skill, care and diligence, to inspect the works and
      to coordinate the inspection work of others and to certify,

      following implementation of the inspection plan by myself and

      others, for compliance…”

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Assignment of Builder

  Owner satisfied that person is competent to
   undertake works concerned

  Owner obligated to notify BCA of change of person

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Undertaking by Builder
     Confirms own competence and undertakes to employ or engage competent

     persons

     Undertakes to build in accordance with design documents as submitted on

     commencement or subsequently certified and submitted

     Undertakes to cooperate with Inspections and Inspection plan prepared by

     Assigned Certifier and to take all reasonable steps to ensure builder can

     certify compliance on completion

     “In

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Article 6 (Offence)

  Failure to comply with Commencement Notice
   /Certification requirements shall be an offence to
   which 17(2) of the Act of 1990 refers.

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Article 8 (7 Day Notice)

   Notice and certification provisions consistent with
   those for Commencement Notice

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Article 9 (Certificates of Compliance
on Completion)
   Certificate of Compliance on completion (signed by
    Builder and Assigned Certifier) must be submitted to
    BCA and included on register before building may be
    opened, occupied or used.
   Cert must be accompanied by plans and particulars
    showing
     ─ How completed building differs from plans submitted at
       commencement
     ─ How completed building has achieved compliance with the
       Building Regs

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Article 9 (Contd.)

  BCA has 21 days during which to

    ─ Enter particulars of cert on register

    ─ Request revised certificate or additional
      information

    ─ Refuse to accept certificate and give reasons

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     Completion Certificate
     Part A – Builder

      Confirms he has acted in accordance with design documents
        submitted or further documentation retained un accordance with
        COP

      “Reliant on the foregoing, I certify that the works are in
        compliance with the requirements of the Second Schedule of the
        Building Regulations insofar as they apply to the building works
        concerned”

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     Completion Certificate
     Part B – Assigned Certifier

      “I now certify that the inspection plan drawn up in accordance with
        the Code of Practice ….., or equivalent, has been fulfilled by the
        undersigned and other individuals nominated therein having
        exercised reasonable skill, care and diligence and that the building
        or works is in compliance with the requirements of the Second
        Schedule of the Building Regulations….”

      Attaches Inspection Plan and Documentation as required.

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Article 10 (The Register)
  Register must now include particulars of certificates
   of compliance
  Records relating to particulars on register may be
   accessed in accordance with FOI Acts
  Register may be maintained electronically subject to
   Data Protection Acts
  NB Register assumes new prominence as building
   cannot be occupied or used until completion cert is
   referenced on register.

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                                   Appendix 2

Outline of Proposed Code of Practice for Inspecting
           and Certifying Building Works

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

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Draft Code of Practice
                    Building Control
                          Acts

                               Building Control
 Building Regulations
                                 Regulations

                        - Commencement Notices
                        - Fire Safety Certificates
    Technical           - 7-day notices
    Guidance            - Disability Access Certificates
   Documents            - Certificates of Compliance
                        - Lodgement of plans
                        - Register

                        Code of Practice

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     Draft Code of Practice

     Provides guidance on:
     Standards and procedures for implementing aspects of the building
     control regulations for:
       • Building owners
       • Designers
       • Building contractors
       • Certifiers
       • Building control authorities

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     Contents of Code
               1. Introduction
                  1.1 Purpose of Code
                  1.2 Application

               2. Definitions

               3. Responsibilities of Building Owner
                   3.1 Overall Responsibility
                   3.2 Responsibilities regulations

               4. Certification – General Matters
                  4.1 Certificates Required
                  4.2 Principle Certifier
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     Contents (cont.)

           5. Lodgement of plans and documentation
              5.1 Plans and specifications
              5.2 Other Documentation
              5.3 Lodgement of plans at later stage

           6. Commencement Stage
              6.1 Submission to building control authority
              6.2 Certification

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     Contents (cont.) – inspection

                  7. Construction stage inspection
                    7.1   Site Inspection Regime
                    7.2   Inspection frequency
                    7.3   Inspection notification framework (INF)
                    7.4   Follow up procedures
                    7.5   Tests
                    7.6   Records of site inspection

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     Contents (cont.)
                8. Completion Stage
                   8.1 Submission at completion
                   8.2 Completion certificate
                   8.3 Lodgement of plans

                9. Archiving of records – Principle Certifier

                10. E-lodgements

                11. Building Contractors
                    11.1 Responsibility
                    11.2 Role

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     Contents (cont.)
     12. Building control authorities
         12.1 Building control authorities responsibility
         12.2 Commencement Stage – Validation
         12.3 Construction stage – inspection
            12.3.1 Formal Assessment and Inspection Policy
            12.3.2 Records
         12.4 Completion stage – Validation
         12.5 Register

     13. Insurance /Miscellaneous

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