1. 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

2. 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.

3. 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)

4. 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.

5. 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.”

6. 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

7. 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

8. 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

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

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

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

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

13. 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”

14. THE CODE OF PRACTICE, COP REVISED SEPTEMBER 2016

15. 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.

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

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

18. 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.

19. 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.

20. 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

21. 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

22. 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

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

24. 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;

25. 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.

26. 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

27. 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.

28. 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.

29. 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 -

30. 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;

31. 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;

32. 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;

33. 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

34. 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

35. 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

36. ANCILLARY CERTIFICATES
PRACTICE NOTE 1
ANCILLARY CERTIFICATES

37. ANCILLARY CERTIFICATES
PROFESSIONAL BODY
ANCILLARY CERTIFICATES
SUMMARY
SHEET 1

38. ANCILLARY CERTIFICATES
PROFESSIONAL BODY
ANCILLARY CERTIFICATES
SUMMARY
SHEET 2

39. ANCILLARY CERTIFICATES
CIF
ANCILLARY CERTIFICATES
SUMMARY
SHEET

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

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

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

43. ANCILLARY DESIGN CERTIFICATE
ARCHITECT
ANCILLARY DESIGN CERTIFICATE
RIAI ACD 01

44. ANCILLARY DESIGN CERTIFICATE
SURVEYOR
ANCILLARY DESIGN CERTIFICATE
SCSI-BS ACD

45. ANCILLARY DESIGN CERTIFICATE
SPECIALIST
ANCILLARY DESIGN CERTIFICATE
RIAI ACD 02

46. CIF ANCILLARY COMPLETION CERTIFICATE FOR SUB-CONTRACTOR / SPECIALIST CONTRACTOR

47. ANNEX TO
CIF 01

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

49. ANNEX TO
CIF 02

50. GUIDANCE ON ANCILLARY CERTIFICATES
PRACTICE NOTE 2
GUIDANCE ON ANCILLARY CERTIFICATES

51. PRECAST CONCRETE UNITS
EXAMPLE 1
PRECAST CONCRETE UNITS

52. EXAMPLE 2
STRUCTURAL STEELWORK

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

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

55. TIMBER FRAMED BUILDINGS
EXAMPLE 4
TIMBER FRAMED BUILDINGS

56. TIMBER FRAMED BUILDINGS
EXAMPLE 4
TIMBER FRAMED BUILDINGS
Cont’d

57. EXAMPLE 5
ANCHORS

58. EXAMPLE 6
PILING

59. EXAMPLE 7
FACADES

60. EXAMPLE 8
FIRE ALARM SYSTEMS

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

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

63. EXAMPLE 10
SPECIALIST SYSTEMS

64. PRACTICE NOTE 2
NOTES

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

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

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

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

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

70. PRACTICE NOTE 4
INSPECTION PLAN

71. PRACTICE NOTE 4
INSPECTION PLAN
Contd

72. PRACTICE NOTE 4
INSPECTION PLAN
Contd

73. PRACTICE NOTE 4
INSPECTION PLAN
Contd

74. PRACTICE NOTE 4
INSPECTION PLAN
Contd

75. PRACTICE NOTE 4
INSPECTION PLAN
Contd

76. PRACTICE NOTE 4
INSPECTION PLAN
Contd

77. 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.

78. 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 .

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

80. 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

81. 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.

82. 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).

83. 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

84. 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

85. 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.

86. 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.

87. 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

88. 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.

89. 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

90. 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.

91. 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.

92. 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

93. APPENDIX B
GUIDANCE FOR
INSPECTION PLAN

94. TABLE C.1
INSPECTION TEMPLATE

95. TYPICAL SUPPORTING DOCUMENTATION
TABLE C.2
TYPICAL SUPPORTING DOCUMENTATION

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

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

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

99. FRAMEWORK FOR BCA's REVISED JUNE 2016

100. 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

101. 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.

102. 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.

103. VALIDATION & REGISTRATION OF COMPLETION CERTIFICATE METHOD 1

104. VALIDATION & REGISTRATION OF COMPLETION CERTIFICATE METHOD 2

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

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

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

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

109. 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

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

111. Burj Khalifa, Dubai
Finished in 2010
829.8m High

112. Kingdom Tower, Jeddah Construction started in 2013 Estimated Completion 2019 At Least 1000m High

113. Millau Viaduct, France Opened 2004 2460m Long, 32
Millau Viaduct, France Opened m Long, 32.05m Wide, 343m Highest Pylon above ground, 343m Longest Span

114. When It All Goes Wrong ?

115. ONE WORLD TRADE CENTRE NEW YORK
Budget: £337m
Cost at Opening in 2014: £2.5bn
The Most Expensive Skyscraper Ever Built

116. SCOTTISH PARLIAMENT BUILDING
Completion
Three Year Delay
Original Cost: £10m - £40m
Actual Cost: £414m

117. JUBILEE LINE EXTENSION
Completion
Delay - One Year
Original Cost: £2.1 bn
Actual Cost: £3.5 bn

118. SYDNEY OPERA HOUSE Completion - 1973 Delay - Ten Years
Original Cost: £3.5m
Actual Cost: £51m

119. THE BIG DIG, BOSTON Completion - 2007 Delay - Nine Years
Original Cost: £3.8 bn
Actual Cost: £14 bn (est.)

120. ELBPHILHARMONIE, HAMBURG
Completion
Delay - Six Years
Original Budget: € 77 m
Final Cost: € 789 m

121. GUGGENHEIM BILBAO
Bilbao Effect
300,000 Extra Visitors Anually