1. 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
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Mel O'Reilly - MDY | CMG - Marine Hotel
27/09/2017

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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 – 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

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

26. 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

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

28. 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

29. 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

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