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

Transcription

1 1 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

2 2 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.

3 3 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

4 4 Purpose of Building Regulations Building Control Acts 1990 to 2007 Building Regulations Building Control Regulations 1997 to 2013 To secure the: health; safety; and welfare of people in or about buildings

5 5 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.

6 6 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.

7 7 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

8 Minister s approved Measures (July 2011) 8 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

9 9 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.

10 10 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

11 11 Draft Regulations Major Elements Next Steps Activating Certificates of Compliance under Building Control Act Mandatory Certification 2. Lodgement of Plans

12 12 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

13 13 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

14 14 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

15 15 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.

16 16 Different Stages: 1. Commencement 2. Completion

17 17 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

18 18 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

19 19 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.

20 20 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

21 21 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

22 22 Thank You! GENERAL ENQUIRIES

23 23 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

24 24 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. 24

25 25 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

26 26 Article 5 (Commencement notice) New wording dealing with form of Commencement Notice Commencement Notice must be signed by owner/developer (s.8 of form)

27 Article 5 (Cont.) 27 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

28 28 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.

29 29 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. 29

30 30 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

31 31 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 31

32 32 Assignment of Builder Owner satisfied that person is competent to undertake works concerned Owner obligated to notify BCA of change of person

33 33 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 33

34 34 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.

35 35 Article 8 (7 Day Notice) Notice and certification provisions consistent with those for Commencement Notice

36 Article 9 (Certificates of Compliance on Completion) 36 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

37 37 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

38 38 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 38

39 39 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. 39

40 40 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.

41 41 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

42 Draft Code of Practice 42 Building Control Acts Building Regulations Technical Guidance Documents Building Control Regulations - Commencement Notices - Fire Safety Certificates - 7-day notices - Disability Access Certificates - Certificates of Compliance - Lodgement of plans - Register Code of Practice

43 43 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 43

44 44 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 Certification General Matters 4.1 Certificates Required 4.2 Principle Certifier

45 45 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 45

46 46 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 46

47 Contents (cont.) 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 47

48 Contents (cont.) Building control authorities 12.1 Building control authorities responsibility 12.2 Commencement Stage Validation 12.3 Construction stage inspection Formal Assessment and Inspection Policy Records 12.4 Completion stage Validation 12.5 Register 13. Insurance /Miscellaneous 48