Building Control Regulations (Amendment) 2014 · Building Control Regulations (Amendment) 2014 ......

Building Control Regulations (Amendment) 2014

Engineers Ireland, New Developments and Challenges in Fire Safety

26th March 2014

Calum McMillan calum.mcmillan@arup.com

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Building Control Regulations | Overview

Building Control Regulations | Overview

1 - Recent Events and updates

2 - A look back at the old Building Control system

3 - Where we are right now (BCR 2014)

4 – An Evaluation

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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)

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1 - Recent Events and Updates

- Original Revoked and new SI was formally published on 15 January 2014,

- These Regulations now apply to all new projects! Day 26!

• The 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

- The Code of Practice was released end of February

- The online Building Control Management system (BCMS) is up and running

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

Typical

Optional – not

a statutory

requirement

Fire Engineer appointed

Lodgement and award of

FSC

Review design

development?

Review tender specs?

Site Role? Witnessing and

commissioning?

Certification?

2 -A look back at the current system

Commencement

notice

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Standard Opinions of compliance

2 -A look back at the current system

RIAI

BR SE 9101

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Was the old system working?

- Property boom has led to some poorly constructed buildings

- little accountability and handover based on little or no site work

- “A rolling set of guarantees” “Traceability” “accountability”

2 -A look back at the current system

Navan apartments evacuated over fire safety

concerns

3 - Where we are right now...

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3 - Where we are right now… Overview:

- Typical project plan illustrating Statutory Requirements

- Major Reforms

- Roles and responsibilities outlined in statutory requirements

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Typical Project Plan – Where we are now

3 –Where we are now

Project Kick off

Concept to Scheme Design

Design Development

Tender

Construction

Completion

12 3 –Where we are now

Appoint team

Ensure team is

competent and

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

Appoint Assigned

Certifier

Typical Project Plan – Where we are now

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3 –Where we are now

FSC, Planning, DAC

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

Typical Project Plan – Where we are now

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3 –Where we are now

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

Typical Project Plan – Where we are now

15 3 –Where we are now

Submission of Certificates of

completion

Submission of amended plans,

specs etc

Submission of implemented

inspection plan

BCA Validation before building

can be occupied (28 dyas)

FSC Application

Commencement

notice

Project Kick off

Concept to Scheme Design

Design Development

Tender

Construction

Completion

Typical Project Plan – Where we are now

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Typical Project Plan – The Old System

Project Kick off

Concept to Scheme Design

Design Development

Tender

Construction

Completion

Typical

Only

optional

Team appointed

Lodgement and award of

FSC Application

Review design

development?

Review tender specs?

Site Role? Witnessing and

commissioning?

Certification?

2 -A look back at the current system

Commencement

notice

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Typical Project Plan – The Old System

Project Kick off

Concept to Scheme Design

Design Development

Tender

Construction

Completion

Typical

Only

optional

Team appointed

Lodgement and award of

FSC Application

Review design

development?

Review tender specs?

Site Role? Witnessing and

commissioning?

Certification?

2 -A look back at the current system

Commencement

notice

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Project Kick off

Concept to Scheme Design

Design Development

Tender

Construction

Completion

REPONSIBLE FOR PART B

(FIRE SAFETY)

COMPLIANCE

3 –Where we are now

Typical Project Plan – Where we are now

19 Major Reforms

2. Submission of

plans &

documentation

1. Mandatory

Certification

3. Mandatory

Inspection 4. Role of Building

Control

- Under Article 20 (g) of BCR’s the Code of Practice this shall, prima facie, indicate compliance with the requirement of the BC Regulations

- Similar status to TGD’s

- Subjective and open to interpretation.

Ensuring Compliance

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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

Assigned Certifier

undertaking

Building Certificate of compliance

Construction

Assigned Certifiers

Assigned Certifiers

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Assigned/Design Certifier

MEP Structural Fire

Passive

Intumescent Fire Stopping Dry wall

Design Specialists Active/systems

Smoke Ventilation

AFD Suppression

Architect

Chain of Certification

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Who is qualified to sign a design certificate or act as an certifier?

1. Registered Architect

2. Chartered Engineer

3. Registered Building Surveyor

- Must be a Competent Person

- There is no qualification requirement for ancillary certifiers

Mandatory Certificates of Compliance

25 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 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

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,

- The inspection plan as implemented,

- Certificates of compliance as noted previously

Submission of plans and documentation

28 Mandatory inspection

3. Mandatory Inspection

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Assigned Certifier

MEP Structural Fire

Contractors and

Specialists

Architect Access

Consultant Facades

Mandatory Inspection - Inspect and

coordinate

- May be independent

from the designer

- Ownership of the

site inspection plan

- Contact for the

BCA

- Role is to inspect,

not supervise

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1- Develop Inspection plan

Risk Assessment

Agree inspection frequency

Identify milestones

Agree INF

2- Implementation

Communicate the benchmarks

Inspect the works/tests

Interrogate the methods

Review and update “live”

inspection plan

3- Record and close out of non conformances

Maintain a record of

inspections

Evidence of closing out

Review and Document

Design Changes

Mandatory Inspection – Key Stages

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Fire Inspection

plan

Building Type/Use

Program

Sequence of works

Contractor and sub

contractors

Complexity of fire

strategy

Type of construction

Mandatory Inspection – Risk Assessment factors

- Requires coordination and more coordination

- Limited information at commencement

- This needs to be a ‘live’ document

32 The Role of Building Control

4. The Role of Building

Control

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The Role of the Building Control Authority

- Validation of documentation and certification – 21 days on completion

- No obligation but have the powers to carry out a technical assessment

at commencement or completion based on risk and random selection

- BCA’s are expected to carry out a certain level of assessment and

inspection – 12-15%

- Inspections based on risk assessment

- Responsibility remains with AC, Builders, Designers and Builder

Owners

- Challenges include Resources and consistent and standardised

reporting and risk assessments?

The Role of Building Control

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Summary of site roles and responsibilities

Responsibility

Builder

Assigned Certifier

Ancillary certifiers

Building Owner

Building Control

4 – An Evaluation

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How do we compare with other countries?

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Question Ireland England &

Wales

Australia UAE USA

Who is the

AHJ

Building

Control

Building Control

or Approved

Inspector

Accredited

Certifier

Civil Defence

(i.e. Fire Service)

Fire Service and

Building Control

Is formal fire

strategy

approved?

Yes Yes No, only for

non-compliant

design items

Yes Yes

Statutory sign

off?

Self

Certification

BC or AI may

issue Cert of

Completion

AHJ (Cert of

Occupation)

3 Stage:

- Fire Engineer

- House of Expert.

- AHJ

2 Stage:

- Fire Engineer

-AHJ (Cert of

Occupation)

Does the AHJ

have a role on

site?

Sometimes Yes Yes Yes Yes

For Statutory

compliance,

does the fire

engineer visit

site?

Yes No No Yes Yes

How do we compare with other countries?

What does the future hold and will the new system work?

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Challenges that must be overcome

- Is there an appetite in the profession for some of the roles?

- The Market must pay for the additional cost?

- Does it achieve the Ministers goals?

- Reduces the risk but still require costly and drawn out litigation,

- Latent defects insurance

- In terms of fire safety, is it enough?

- Fire Risk Assessments – mandatory procedure

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Will it be successful and are we doing enough?

Only time will tell……

- It’s still self certification but with mandatory requirements

- It will undoubtedly lead to better practice and support a “culture of compliance”

- Increases focus on inspection

- It will provide leverage to agree site roles

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What does the Future hold?

- Mandatory Registration of builders (code of conduct, oversight insurance, entry standards, sanctions)

- The possibility of third party accredited specialists?

- 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

Thank You for Your Time

Relevant Links:

S.I. No. 9 of 2014: http://www.irishstatutebook.ie/pdf/2014/en.si.2014.0009.pdf

Code of Practice: http://www.engineersireland.ie/communications/publication-archive.aspx

BCMS: https://www.localgov.ie/en/link-type/bcms

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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.