THE BC(A)R 2014 INSPECTION & CERTIFICATION SYSTEM 21-06-2018 6th June 2013 Presented by: Michael Moriarty T.J.O’Connor & Associates BE, MEngSc, CEng, FIEI, FCons.EI 1

SCOPE of BCAR – SI No. 9 of 2014 Came into operation on 1st March 2014. the design and construction of a new building, an extension to a dwelling involving a total floor area greater than 40 square metres, works to which Part III applies.

OPT-OUT PROVISIONS SI No. 365 of 2015 Came into operation on 1st September 2015. Provides an Opt Out Option for Owners of A New Single Dwelling on a Single Unit Development, or A Domestic Extension (without size limitation)

OPT-OUT PROVISIONS SI No. 365 of 2015 The Dwelling or Extension Must be Designed and Constructed in accordance with the Building Regulations. The Regulations do not Prevent an Owner from Taking on the Role of the Builder.

OPEN / OCCUPIED / USED Regulation 20F (1) “ ----- a Certificate of Compliance on Completion shall be submitted ----- and relevant particulars thereof shall be included on the register ------ before works or a building to which Part II or Part IIIA applies may be opened, occupied or used.”

BCAR – SI No. 9 of 2014 Commencement Notice Appointments by Building Owner. Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier) Notice of Assignment of Builder

BCAR – SI No. 9 of 2014 (Contd) Statutory Certificates Certificate of Compliance (Design) by Design Certifier Certificate of Compliance (Undertaking to Inspect and Certify Works) by Assigned Certifier Certificate of Compliance (Undertaking by Builder) Certificate of Compliance on Completion by Assigned Certifier and Builder

Ancillary Certificates Competence – Core Principle of BC(A)R. Assigned Certifier & Design Certifier Their Competence is Not All Encompassing Must Rely on Competence of Others for Areas Outside Their Own Competence Ancillary Certificates Provide Mechanism for this Reliance

Ancillary Certificates (Contd) Statutory Certificates Refer to Ancillary Certificates Certificate of Compliance (Design) Certificate of Compliance on Completion

CERTIFICATE OF COMPLIANCE (DESIGN) CERTIFICATE IN SI No. 9 of 2014

CERTIFICATE OF COMPLIANCE (COMPLETION) CERTIFICATE IN SI No. 9 of 2014

CERTIFICATE OF COMPLIANCE (COMPLETION) CERTIFICATE IN SI No. 9 of 2014

PHASED COMPLETION Clause 8.4 (COP) “For buildings that are completed for occupation on a phased basis for example houses or apartment blocks, it is appropriate that Certificates of Compliance on Completion for each phase may be submitted separately. ----- In such circumstances, one or more certificates of compliance on completion may be referenced to a single commencement notice”

THE CODE OF PRACTICE, COP REVISED SEPTEMBER 2016

REGULATION 20G.(2) – CODE OF PRACTICE – PRIMA FACIE EVIDENCE Article 20G (1) of the Building Control Regulations makes provision for the Minister to publish a Code of Practice. COP has the same status as the Technical Guidance Documents (TGD’s) The Code of Practice shall, prima facie, indicate compliance with Regulations.

Ancillary Certificates (Contd) Code of Practice COP Defines Ancillary Certificates as:

Ancillary Certificates (Contd) COP Defines a Competent Person as:

Cl. 4.2 – QUALIFICATIONS OF THE DESIGN CERTIFIER AND/OR ASSIGNED CERTIFIER Architects that are on the register maintained by the RIAI under Part 3 of the Building Control Act 2007; or Building Surveyors that are on the register maintained by the SCSI under Part 5 of the Building Control Act 2007, or Chartered Engineers on the register maintained by Engineers Ireland under section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.

ENGINEER: WHICH ANCILLARY CERTIFICATES Chartered Engineer Can Sign Engineer’s Ancillary Certificates ED, EC and EI. Non-Chartered Engineer Would Have to Complete Ancillary Certificates SD, SC and SI - For Specialist or Unregistered Consultants.

Cl. 4.2.2 - ANCILLARY CERTIFIERS Apart from Assigned Certifier & Design Certifier Range of Certifiers on Most Projects Appointed by: The Building Owner and his Design Team The Builder

Cl. 4.2.2 - ANCILLARY CERTIFIERS Ancillary Certifies may Include: Architects, Architectural Technologists/Technicians Consulting Engineers (Civil/ Structural & Mech/Elec) appointed by Building Owner to design inspect and certify relevant elements

Cl. 4.2.2 - ANCILLARY CERTIFIERS Designers (e.g Piling, Mech/Elec, etc.) appointed by the Builder to design and certify relevant elements Other competent technical and trade persons

Cl. 4.2.2 - ANCILLARY CERTIFIERS The Builder , Sub-contractors, Suppliers & Manufacturers Every Certifier Should Exercise Reasonable Skill, Care and Diligence.

Cl. 3.4 – DESIGNER’S ROLE Design their respective elements; Provide information to the Design Certifier and the Assigned Certifier; Carry out work inspections, as agreed with the Assigned Certifier;

Cl. 3.4 – DESIGNER’S ROLE (Contd) Notify the Assigned Certifier of their proposed inspection regime; Provide the Ancillary Certificates when required by the Assigned Certifier and Design Certifier.

DESIGN CERTIFIER - DEFINITION Definition in COP “Design Certifier” means the competent registered professional person: who has been commissioned by the Building Owner to design, in conjunction with others, the building or works described in the relevant Commencement Notice (or 7 Day Notice), and to certify such design ----, and

DESIGN CERTIFIER – DEFINITION (Contd) who confirms that the documentation included in the schedule to the Commencement Notice (or 7 Day Notice) which has been prepared by him/her, other members of the design team and specialist designers whose design activities he/she has coordinated, has been prepared to demonstrate such compliance.

ASSIGNED CERTIFIER - DEFINITION Definition in COP “Assigned Certifier” means the competent, registered professional person assigned by the Building Owner to inspect and certify works in accordance with the Building Control Regulations.

CL 3.5 ASSIGNED CERTIFIER'S ROLE The Assigned Certifier is assigned by the Building Owner as required under the Building Control Regulations. They undertake to inspect and to co-ordinate the inspection activities of others during construction, and to certify the building or works on completion. The role of Assigned Certifier does not include responsibility for the supervision of any builder. They may or may not be a member of the design team. The Assigned Certifier should -

CL 3.5 ASSIGNED CERTIFIER'S ROLE (Contd) provide and sign the relevant statutory certificates – the form of undertaking at commencement and the Certificates of Compliance on Completion; co-ordinate the ancillary certification by members of the design team and other relevant bodies for the Certificate of Compliance on Completion; (c) identify all design professionals and specialists, in conjunction with the Builder, from whom certificates are required;

CL 3.5 ASSIGNED CERTIFIER'S ROLE (Contd) (d) identify all certificates required and obtain them; (e) co-ordinate and collate all certification of compliance for completion in conjunction with the Builder; (f) in consultation with the members of the design team, plan and oversee the implementation of the Inspection Plan during Construction;

CL 3.5 ASSIGNED CERTIFIER'S ROLE (Contd) (g) prepare the Preliminary Inspection Plan and oversee adherence to this plan, and on completion provide the Inspection Plan as implemented; (h) on termination or relinquishment of their appointment make available to the Building Owner all certification prepared and inspection reports carried out;

CL 3.5 ASSIGNED CERTIFIER'S ROLE (Contd) act as the single point of contact with the Building Control Authority during construction; seek advice from the Building Control Authority, in respect of compliance matters relating to the building or works where disputes or differences of opinion arise between the parties to the project; and Maintains records of inspection

CL 3.5 ASSIGNED CERTIFIER'S ROLE (Contd) Assigned Certifier’s Certification will rely on Inputs of Others Quinn -v- Quality Homes & Others [1976] ILRM Liability will depend on the reasonableness of his approach and his inquiry of others

Ancillary Certificates The Professional Bodies and the CIF Produced: A Suite of Ancillary Certificates Practice Notes on the Ancillary Certificates Plus A Practice Note on Commencement Notice Documentation A Practice Note on Inspection Plans

ANCILLARY CERTIFICATES PRACTICE NOTE 1 ANCILLARY CERTIFICATES

ANCILLARY CERTIFICATES PROFESSIONAL BODY ANCILLARY CERTIFICATES SUMMARY SHEET 1

ANCILLARY CERTIFICATES PROFESSIONAL BODY ANCILLARY CERTIFICATES SUMMARY SHEET 2

ANCILLARY CERTIFICATES CIF ANCILLARY CERTIFICATES SUMMARY SHEET

ANCILLARY DESIGN CERTIFICATE ENGINEER ANCILLARY DESIGN CERTIFICATE ACEI / EI BCR 1401

ANCILLARY COMPLETION CERTIFICATE – DESIGN ENGINEER ANCILLARY COMPLETION CERTIFICATE – DESIGN ACEI / EI BCR 1402

ANCILLARY COMPLETION CERTIFICATE – INSPECTION PLAN ENGINEER ANCILLARY COMPLETION CERTIFICATE – INSPECTION PLAN ACEI / EI BCR 1403

ANCILLARY DESIGN CERTIFICATE ARCHITECT ANCILLARY DESIGN CERTIFICATE RIAI ACD 01

ANCILLARY DESIGN CERTIFICATE SURVEYOR ANCILLARY DESIGN CERTIFICATE SCSI-BS ACD

ANCILLARY DESIGN CERTIFICATE SPECIALIST ANCILLARY DESIGN CERTIFICATE RIAI ACD 02

CIF ANCILLARY COMPLETION CERTIFICATE FOR SUB-CONTRACTOR / SPECIALIST CONTRACTOR

ANNEX TO CIF 01

CIF ANCILLARY COMPLETION CERTIFICATE FOR SUB-SUB-CONTRACTOR CIF 02

ANNEX TO CIF 02

GUIDANCE ON ANCILLARY CERTIFICATES PRACTICE NOTE 2 GUIDANCE ON ANCILLARY CERTIFICATES

PRECAST CONCRETE UNITS EXAMPLE 1 PRECAST CONCRETE UNITS

EXAMPLE 2 STRUCTURAL STEELWORK

TIMBER TRUSSED RAFTERS EXAMPLE 3 TIMBER TRUSSED RAFTERS & OPEN WEB JOISTS

TIMBER TRUSSED RAFTERS EXAMPLE 3 TIMBER TRUSSED RAFTERS & OPEN WEB JOISTS Cont’d

TIMBER FRAMED BUILDINGS EXAMPLE 4 TIMBER FRAMED BUILDINGS

TIMBER FRAMED BUILDINGS EXAMPLE 4 TIMBER FRAMED BUILDINGS Cont’d

EXAMPLE 5 ANCHORS

EXAMPLE 6 PILING

EXAMPLE 7 FACADES

EXAMPLE 8 FIRE ALARM SYSTEMS

FIRE ALARM SYSTEMS Cont’d EXAMPLE 8 FIRE ALARM SYSTEMS Cont’d

UNBOUND GRANULAR FILL UNDER CONCRETE FLOORS & FOOTPATHS EXAMPLE 9 UNBOUND GRANULAR FILL UNDER CONCRETE FLOORS & FOOTPATHS

EXAMPLE 10 SPECIALIST SYSTEMS

PRACTICE NOTE 2 NOTES

COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION PRACTICE NOTE 3 COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION

COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION PRACTICE NOTE 3 COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION (Contd)

COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION PRACTICE NOTE 3 COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION Contd

COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION PRACTICE NOTE 3 COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION Contd

COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION PRACTICE NOTE 3 COMMENCEMENT NOTICE DRAWINGS & DOCUMENTATION Contd

PRACTICE NOTE 4 INSPECTION PLAN

PRACTICE NOTE 4 INSPECTION PLAN Contd

PRACTICE NOTE 4 INSPECTION PLAN Contd

PRACTICE NOTE 4 INSPECTION PLAN Contd

PRACTICE NOTE 4 INSPECTION PLAN Contd

PRACTICE NOTE 4 INSPECTION PLAN Contd

PRACTICE NOTE 4 INSPECTION PLAN Contd

Cl. 7.1 – INSPECTION PLAN Certifiers shall adopt an appropriate Inspection Plan. Adequate site inspections and records sufficient to demonstrate the application of reasonable skill, care and diligence.

Cl. 7.1 – INSPECTION PLAN (Contd) Not practicable to inspect every item of work. Supervision by the Builder is critical. Test of the Inspection Plan – its success in achieving reasonable standards of health and safety in or about buildings, and of energy conservation, accessibility and sustainability for building users .

Cl. 7.1 – INSPECTION PLAN (Contd) Use professional skill and judgement in selecting priorities for inspection. Complexity of project should be taken into account.

CL. 7.1.1 – INSPECTION PLAN (CONTD) Depends on: Type of building Method and speed of construction Recent experience in achieving compliance Consequences of a particular contravention Feasibility of later inspections

CL. 7.1.2 – INSPECTION PLAN (CONTD) Subject to professional judgement or risk assessment, normally inspect elements: Whose failure would be significant With unusual designs or methods of construction Relating to fire safety; Fundamental to achieving compliance with Building Regulations Necessary to issue completion certificate.

Cl. 7.2 – INSPECTION FREQUENCY Periodic inspection depending on size and nature of building. Critical milestone inspections as set out in the Inspection Notification Framework (INF).

Cl. 7.3 – INSPECTION NOTIFICATION FRAMEWORK (INF) The Assigned Certifier shall before commencement on site agree an INF with the building owner and the Builder. Identify generally stages or items of work to be notified by the Builder when ready for inspection. Free to carry out unannounced inspections. A Sample Inspection Plan will be included in the Code of Practice

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER Building Owner Must: Submit a New Notice of Assignment Submit Form of Undertaking Signed by New Assignee

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) The Assigned Certifier Must Provide to the Building Owner and the Building Control Authority (BCA): Records of Inspections to Date Any Available Certification of Compliance of Design and/or Construction to Date. Measures Should be Taken to Ensure that Matters of Fees do not Hinder This.

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) Assigned Certifier / Builder Must Notify the BCA Before Ceasing Their Role If this is not Possible the Building Owner is Required to do so.

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) Change of Assigned Certifier or Builder Significant Alert to Risk Analysis System of the BCA May Trigger Inspection of Design and Other Documents May Trigger a Site Inspection

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) New Assigned Certifier and/or New Builder Should: Review Status of Compliance of Work Completed Deal Appropriately with the Findings This may Involve Consultation with the BCA.

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) Change of Assigned Certifier or Builder Will Require Liaison with the BCA BCA Expected to Advise and Assist the Parties so that The Building or Works Notified at Commencement Stage may get a Valid Certificate of Compliance on Completion

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) May Require: New Commencement Notice including a new Preliminary Inspection Plan These Enable the New Assigned Certifier or Builder to Describe: The Works for Which They are Responsible The Basis Upon Which a Completion Certificate will be issued.

Cl. 4.7 – CHANGE OF ASSIGNED CERTIFIER AND/OR BUILDER (Contd) The New Preliminary Inspection Plan Sets out Necessary Agreed Additional Inspections, Testing or Reports on the Works Already Built.

CL 8.1 SUBMISSIONS AT COMPLETION STAGE (a) A Certificate of Compliance on Completion -------- (b) Plans, calculations, specifications and particulars, showing how the completed building has achieved compliance with the Building Regulations ---- (c) The Inspection Plan as implemented ------

APPENDIX B GUIDANCE FOR INSPECTION PLAN

TABLE C.1 INSPECTION TEMPLATE

TYPICAL SUPPORTING DOCUMENTATION TABLE C.2 TYPICAL SUPPORTING DOCUMENTATION

USE OF PROPER MATERIALS TABLE C.3 USE OF PROPER MATERIALS

BUILDING CONTROL MANAGEMENT SYSTEM (BCMS) New Information Technology Based System Hosted by Local Government Management Agency Preferred Means of Building Control Administration

BUILDING CONTROL MANAGEMENT SYSTEM (BCMS) (CONTD) Only the Four “Statutory” Roles can Engage with the IT system Owner Design Certifier Builder Assigned Certifier

FRAMEWORK FOR BCA's REVISED JUNE 2016

FRAMEWORK FOR BCA’s Revised June 2016 Defines Roles and Duties of BCA’s Risk Assessment by BCA’s Consistency and Standardisation Inspection Levels by BCA’s

COP Cl.3.6 – ROLE OF BUILDING CONTROL AUTHORITIES (BCAs) Code of Practice (COP) BCAs should undertake a risk analysis of each commencement notice to inform its own inspection arrangements. Carry out an appropriate level of assessment and inspection.

COP Cl.3.6 – ROLE OF BUILDING CONTROL AUTHORITIES (BCAs) Carry out a level of inspection equivalent to 12% to 15% of new buildings for which a valid commencement notice has been received. Responsibility remains with the Assigned Certifier, The Builder, Designers and Building Owners.

VALIDATION & REGISTRATION OF COMPLETION CERTIFICATE METHOD 1

VALIDATION & REGISTRATION OF COMPLETION CERTIFICATE METHOD 2

REGISTRATION OF BUILDERS CIRI - Construction Industry Register Ireland Voluntary Registration Initially Compulsory in Future ? Construction Industry Registration Board Complaints and Appeals Committee

LATENT DEFECTS INSURANCE Defects Remedied by LDI Waving of Subrogation Rights ? Excess Critical RIAI Scheme / Homebond Scheme

SI No. 9 - LIABILITY OF THE CONSULTING ENGINEER Liabilities Arise Under Contract In Tort Under Statute

SI No. 9 - LIABILITY OF THE CONSULTING ENGINEER Negligence – Failure to Exercise Reasonable Skill, Care and Diligence. Limit on Liability Direct Loss

SI No. 9 - LIABILITY OF THE CONSULTING ENGINEER PII is Annually Renewable Each and Every Claim / In the Aggregate Limit of Indemnity PII operates on a Claims Made Basis

SI No. 9 - LIABILITY OF THE CONSULTING ENGINEER Joint & Several Liability – Last Man Standing Importance of Notification Fitness for Purpose / Indemnities Excess

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