CIRI & Role of Builder in BCAR Process Building Control (Amendment) Regulations & Key Implications for the Assigned Certifier Conference The Legislative Impact, Obligations, Challenge’s & Liabilities For All Key Construction Sectors Presentation by Mel O’Reilly, Managing Director MDY Construction Ltd on: Register of Building Contractors and the role of the Assigned Builder in Building Control (Amendment) Regulations Royal Marine Hotel - Wednesday, 27th September 2017 file:///.file/id=6571367.109683625 Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland What’s CIRI? “CIRI is an official online register, supported by Government, of competent builders, contractors, specialist sub-contractors and tradespersons who undertake to carry out construction works.” Construction Industry Register Ireland. Set up by CIF in 2013 to improve standards of training, competence, and output. Voluntary scheme 800+ members now Builders – Main Contractors (Category A) Specialist Services Contractors(M&E) (Category B) Specialist Element Subcontractors (Category C) Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Why CIRI? Response to quality issues in buildings – non-compliance with Building Regulations, pyrites, etc. Reduce costs and losses arising from defective works. Determination to improve standard and quality of output. Perceived need to up-skill the industry – management, trades, and labour. Deliver better buildings. Improve the reputation of the industry. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Board Members Chair: Hank Fogarty – Chartered Engineer, Dip Arbitration Law. HPCLG – Martin Vaughan Education & Skills – (Vacant) Jobs, Enterprise and Innovation – Michael McDonagh (HSA) Competition & Consumer Protection – Pauline Hall Public Expenditure & Reform – Liam Egan (OPW) Kevin Sheridan – MSc CEnv FSCSI, FRICS FIBCI FCIOB MICE Paul Forde (DBFL) – Chartered Engineer (EI &ISE) Brian McKeon – IHBA; Builder Brendan Duffy – M&ECA; Specialist Subcontractor (Mech) Mel O’Reilly – MBCA; Main Contractor State Appointees - 5 No Professions - 2 No. CIF Nominees Contractors – 3 No. CIF Nominees Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland General Governance Code of Ethics & Induction Assessment Process Registration Process Appeals and Complaints Procedure CPD plans CPD requirements Compliance with CPD a condition of continuing registration. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Registration Process Note that many applicants have: Not passed the basic Pass/Fail criteria. Failed to achieve registration Been required to submit additional information. Failed to archive registration for all categories sought. Required re-assessment prior to registration. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Category A: Builder Category B: Building Services Contractors Category C: Specialist Elements Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Category A: Builder Primary Category of Builder is sub-divided as:- Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Assessment & Categorisation of Builder Applicant Category A: Builder Class of Building / Works Building for Sale Single House ← Building under Contract → Housing Schemes Apartment Buildings Residential Extension & Refurbishment Commercial Buildings Commercial Extension & Refurbishment Commercial Fit Out Heritage Works Civil Engineering Civil Engineering Works Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Category B: Building Services Contractors Primary Category of Building Services contractor is sub-divided as:- Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland Category C: Specialist Elements Civils, Siteworks, Demolition Structures (including substructures) Building Envelope Internal Completions Internal Finishes Site (External) Finishes Mechanical Elements Electrical Elements Maintenance and Remediation Ancillary Site Services Note: Tertiary level for specific elements Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory Bill published in April 2017 (6 parts and 25 sections). CIF named as Registration Body (similar to professions in 2007 Act) Governance, composition of board, and procedures similar to current CIRI. Migration from voluntary to statutory register not defined. Is it an essential element to ensure compliance with Bregs? Provisions will be unacceptable to many. Progression through Oireachtas? Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory “General Scheme of THE BUILDING CONTROL (CONSTRUCTION INDUSTRY REGISTER IRELAND) BILL 2017 A Bill to provide for the establishment of a mandatory statutory register, known as Construction Industry Register Ireland (CIRI) of builders. “ Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory Definitions “Builder” means an individual, sole trader, partnership or registered company carrying out building works, including a builder specialising in specific building elements or technologies; “Building Works” means includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building under the Building Control Acts 1990 – 2014 to which the Building Regulations 1997 – 2017 apply. “Code of Conduct” means a code of conduct published or approved under section 8 as it is in effect from time to time” “Construction Industry Federation” means the Irish construction industry representative body and its successors. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory Selected extracts. The proposed Act will shall apply to any builder carrying out building works under the Building Control Acts 1990 to 2014 which are subject to the Building Regulations 1997 to 2017 and which are not exempt… The Construction Industry Federation shall be the registration body for the purposes of this Act. The registration body shall establish a register known as the Construction Industry Register Ireland comprised of builders who undertake building works for themselves or for others. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory Section 5 (Registration of Builders) provides for: an obligation for builders carrying out building works to be registered. the division of the Register into different categories by the Minister and specifies points to have regard to in doing so. These requirements must not discriminate against persons from outside the State. the requirements builders must demonstrate in order to be included on the Register. the Board may produce policy and guidance materials as are necessary to facilitate registration. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory Section 6 (Competence) provides that:- Builders may satisfy the requirements that they possess the requisite competence in construction practice to become a Registered Member. The Minister shall prescribe the level of previous experience or educational qualification or both that is required for entry in the register. Applicants may apply and be considered based on work undertaken at an appropriate level in the employment of another Builder or on the basis of a qualification at the appropriate NFQ Level in a construction discipline related to the category in which registration is sought. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Construction Industry Register Ireland - Statutory Section 22 (Offences and Penalties) provides that a person who: makes any false or misleading statement in any application; not being a registered member, purports to be a registered member; with intent to deceive, makes use of a certificate issued pursuant to this Act; not being a registered member, undertakes building works; fails to notify a material matter to the registration body; engages in any class of works beyond that or those classes of work to which their registration relates, is guilty of an offence and liable on summary conviction to a fine or imprisonment for a term not exceeding 12 months or both. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Role is defined in Code of Practice – Section 3.3 Accept the assignment to build and supervise the works Familiarise themselves with CN drawings , specifications, documents Appoint Competent Person to oversee the works Cooperate with design team, Assigned Certifier and other certifiers Ensure workmanship complies with BRegs Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Ensure materials which they select / are responsible for comply with Bregs Sign the CCC – Part A Provide documents for which they are responsible to Assigned Certifier Coordinate and provide test certificates and confirmations Maintain records Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Process - Commencement Stage: Owner assigns Builder Builder accepts assignment on BCMS platform Builder downloads Undertaking by Builder (UBB) Engagement between AC and Builder:- To review the PIP and programme. To identify all certificates required from professionals and specialists (COP 3.5(c)) Examine all CN supporting documents taking account of COP 5 (5.1 and 5.3) Agree INF – COP 7.3 – RFIT or similar process. Identify records required. Builder signs and uploads the Undertaking by Builder (UBB) Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Process - Works Stage: Typical elements include: Technical submissions and approvals for all materials and systems. Completion of design (if not complete at CN) Inspection and test witness requests – RFIT or similar. Construction records – stage reports (Siteworks / Bolster/ Raken, etc) Follow up on Inspection Plan reports (ACIRR) Construction Records – QA, Air tightness Test reports, Acoustics, etc Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Process – Completion Stage: Typical elements include: Final inspections Ancillary Certificates – as per CIC Practice Notes Finalisation of records – test reports, commissioning certificates, etc. Review CCC supporting documentation. Completion of Part A of CCC - issued to AC for upload. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Ancillary Certificates and Practice Notes CIC Technical Working Group – RIAI, EI, SCSI, ACEI, CIF. Suite of Ancillary Certificates developed and approved by CIC Practice Note 1 – Ancillary Certificates – Designers and Specialists Practice Note 2 – Guidance and Examples - CIF 01 and S Type Ancillary Certs Practice Note 3 – Commencement Notice Drawings and Documentation Practice Note 4 – Inspection Plan Downloadable from CIC group websites Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Ancillary Certificates and Practice Notes Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Ancillary Certificates and Practice Notes Annex Schedule 1. Drawings, Calculations, Specifications and particulars provided by the Builder/Main Contractor.   Annex Schedule 2. Associated design undertaken by Sub-Contractor/Specialist Contractor necessary for completion of the works in accordance with the Building Regulations. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Ancillary Certificates and Practice Notes Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

Role of Builder in BCAR Process Contractors’ Experience of operation: Wide variation in approach of Assigned Certifiers Incomplete design items not listed at outset. Design attributable to specialist subcontractors unclear. Design certification requested for materials Ancillary Certs requested for items such as labour-only subcontractors and sub- subcontractors, TWD, muck away, etc Disagreement over types of ancillary certificates BCAR has led to increased attention to, and scrutiny of, compliance with RBregs Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

CIRI & Role of Builder in BCAR Process Summary CIRI is working to improve standards in the industry statutory footing is an essential part of compliance with Bregs Role of Builder Early engagement between Builder and Assigned Certifier is critical. Clarity on design responsibility and incomplete design is essential Make use of CIC Ancillary Certificates and Practice Notes Construction records - format, extent, sharing, archiving. Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017

CIRI & Role of Builder in BCAR Process Any Questions? Mel O'Reilly - MDY | CMG - Marine Hotel 27/09/2017