Building Control Reform Agenda

An Roinn Tithíochta, Pleanála agus Rialtais Áitiúil

Department of Housing, Planning and Local Government

John Wickham BSc(Eng) Dip Eng CEng MIEI MIStructE

Senior Adviser – Housing Advisers/ Building Standards

Housing Advisers & Building Standards

• Provide technical/ professional advice to the Housing Division and across Departmental structures, to Local Authorities, Voluntary Bodies & Regeneration Agencies; and

• Assess & advise on capital works projects to ensure quality, compliance with public procurement requirements, more efficient delivery of public works projects, achievement of greater cost certainty and value for money

• Provide a strong & evolving building code in support of quality construction, sustainable development and compliance with relevant EU requirements

Presentation Overview

• Regulatory Framework in Ireland

• Building Regulations

• Construction Products Regulations

• Building Control

• Building Control Regulations

• Building Control Management Project

• Construction Industry Register Ireland

Building Regulations

Building Control Acts 1990 to 2014

• Building Regulations 1997 to 2017

• Building Control Regulations 1997 to

2015

To secure the health, safety, and

welfare of people in or about buildings

Regulatory Framework

Application of Building Regulations

Building Regulations apply to

1. New buildings

2. Extensions

3. Material alterations

4. Repair or renewal likely to effect structural integrity

5. Material change of use

6. New or replacement of services, fittings and equipment

where Parts G, H or J impose a requirement

Building Regulations - Requirements

• Building Control Act 1990 (6) Building regulations may—

( a ) prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to all or any of the matters specified in the First Schedule to this Act or in relation to any other matter which, in the opinion of the Minister, is relevant to the purposes for which building regulations may be made,

B6 - Means of warning and escape in case of fire.

A dwelling house shall be so designed and constructed that there are

appropriate provisions for the early warning of fire and there are adequate

means of escape in case of fire from the dwelling house to a place of safety

outside the building, capable of being safely and effectively used.

Building Regulations - TGDs

• SI 497 of 1997 – Article 7 Where works or a building to which these Regulations apply is or are designed and constructed in accordance with any guidance contained in a technical guidance document, this shall, prima facie, indicate compliance with the relevant requirements of these Regulations. The provisions of any guidance contained in a technical guidance document published under sub-article (1) concerning the use of a particular material, method of construction or specification, shall not be construed as prohibiting compliance with a requirement of these Regulations by the use of any other suitable material, method of construction or specification

Part H - Drainage, Waste Water Disposal (2010)

Part J - Heat Producing Appliances (2014)

Part K - Stairways, Ladders, Ramps & Guards (2014)

Part L - Conservation of Fuel & Energy (201X)

Part M - Access & Use (2010)

Part A – Structure (2012)

Part B - Fire Safety (201X)

Part C - Site Preparation and Moisture Resistance (201X)

Part D – Materials & Workmanship (2013)

Part E – Sound (2014)

Part F - Ventilation (2009)

Part G – Hygiene (2011)

On-going review

2005 2012 2011 2010 2009 2008 2007 2006 2015 2014 2013

Pa

rt E

-

So

un

d

Pa

rt K

– S

tairw

ays,

La

dd

ers

, R

am

ps a

nd

Gu

ard

s

Pa

rt D

– M

ate

ria

ls a

nd

W

ork

manship

Pa

rtA

– S

tructu

re

Pa

rt G

– H

ygie

ne

Pa

rt L

– C

on

se

rva

tio

n o

f fu

el

an

d e

ne

rgy –

Dw

elli

ngs

Pa

rt M

– A

cce

ss a

nd

Use

Pa

rt H

– D

rain

age

an

d

Waste

wa

ter

Dis

po

sa

l

Pa

rt F

– V

en

tila

tio

n

Pa

rt C

– S

ite

Pre

pa

ratio

n a

nd

R

esis

tan

ce

to

Mo

istu

re

Pa

rt B

– F

ire

Sa

fety

gs

Pa

rt L

– C

on

se

rva

tio

n o

f fu

el

an

d e

ne

rgy –

Non

Dw

elli

ngs

Parts C and L under review

2016

Pa

rt J

– H

ea

t P

rod

ucin

g

Ap

plia

nces

Pa

rt B

– F

ire

Sa

fety

2017

Pa

rt B

-

Fire

Sa

fety

Construction Products Regulation

• Since July 2013, CE MARKING of construction products covered by harmonised European Standards is mandatory, when that product is placed on the market.

• Manufacturers, importers and distributors have new obligations and responsibilities when placing a construction product on the market.

• Designers, specifiers, builders etc. must be aware and understand the new system when procuring or using construction products in construction works.

Construction Products Regulation

S.I. 225 of 2013

European Union (Construction Products) Regulations

• Building control authorities are designated as the principal market surveillance authorities

• Provides for necessary actions to –

stop the circulation of construction products that do not comply with all the requirements set out in the CPR (e.g. bans, withdrawals, recalls),

require economic operators to bring their construction products into compliance, and/or

apply sanctions to non-compliant economic operators.

NOTE: responsibility for demonstrating a construction product’s compliance with the requirements of the CPR rests with the manufacturer of the product. It is not the responsibility of a market surveillance authority to certify products.

Marketing ‘versus’ Using

Differences between hENs and National Standards

• Traditional national standards were prescriptive.

• hENs harmonise assessment methods e.g. tests

protocols etc.

• hENs DO NOT set the levels of performance required for

certain uses.

National guidance on performance in use

National Annexes, Standard Recommendations, Technical Guidance Documents set out the appropriate minimum performance levels for specific intended uses in Ireland, which may be used to show compliance with the Building Regulations, see NSAI Guidance on Harmonized Standards that fall

within the remit of the Construction Products Directive 89/106/EEC: https://www.nsai.ie/our-services/standardization/about-standards/constructionstandards.aspx

Product standards

Guidance to Product standards

https://www.nsai.ie/our-services/standardization/about-standards/constructionstandards.aspx

• Specifiers can better define their performance demands for the specific end use by means of reference to NSAI Standard Recommendations, National Annexes, TGDs.

• Enables end users e.g. builders to purchase the product with the prescribed performance.

• DoP may be harnessed to readily determine whether the products incorporated into the works are carried out using “proper materials…which are fit for the use for which they are intended and for the conditions in which they are to be used” to ensure compliance with the Building Regulations.

Benefits of Technical Tools of the CPR

Review the

DoP !!

Building Control Regulations

Building Control Acts 1990 to 2014

• Building Regulations 1997 to 2017

• Building Control Regulations 1997 to 2015

To secure the implementation of, and

compliance with the requirements of Building Regulations

Regulatory Framework

Administrative procedures for building control and provides for :-

• Commencement Notices

• Fire Safety Certificates

• Payments of Fees

• Keeping of a register

• Procedures for making of appeals to an Board Pleanala

Building Control Regulations

Building Failures

Design

Workmanship Products

Fire Safety

Pyrite

Concrete

Blocks

Non-standardised forms

of construction

Shoddy

Workmanship

• A review was carried out.

• The key deficits identified in the regulatory regime

were the

• lack of involvement of construction professionals on

site, particularly in relation to housing, and

• lack of accountability in relation to compliance with the

Building Regulations.

How can the Building Control System

prevent this happening again?

• Application – 1st March 2014

• Design & Construction of a new dwelling

• An extension to a dwelling involving a total floor area greater than 40 sq m

• Works to which Fire Safety Certificates apply

• Introduction of statutory Certificates of compliance –

• Design Certifier

• Certified Designs

• Assigned certifier

• Inspections

• Builder

• Competent

• Completion

• Certificate signed by Builder & Assigned Certifier

Response - SI 9 of 2014

• Commencement

• Filed though IT enabler - BCMS

• GA drawings; schedule of plans/calculation/ specifications/particulars to outline

how proposal will comply with Building Regulation; completion of on-line

assessment

• Preliminary Inspection Plan

• Certificate of compliance - Design, Undertaking by Assigned certifier and by

Builder

• Fee

• Construction Period

• Implementation of inspection plan

• Code of Practice for inspecting and certifying buildings and works

• Changes to owner, assigned certifier or builder must be notified

• Scheduled information

• Significant changes to works

What changed in March 2014?

No more paper

DEDICATED Construction DraWINGS

Planned iNSPECTIONS

COMPETENT PEOPLE involved from beginning

iNSPECTIONS

SINLGLE POINT OF

CONTACT

• Completion

• Certificate of compliance – Completion

• Plans/calculation/ specifications/particulars to show how it differs from commencement and

complies with Building Regulations

• Inspection plan as implemented

SI 9 OF 2014

STATUTORY CERTIFICATE OF

COMPLIANCE ON COMPLETION

As built drawings

RECORD OF INSPECTIONS

Code of Practice for Inspecting & Certifying Buildings & Works

• Prima facie evidence of compliance

• Practical guidance for the Assigned Certifier in order to be in a position to sign

the Certificate of Compliance on Completion as Assigned Certifier.

• Sets out the roles, responsibilities & administrative requirements

• Building owners, Designers, Builders, Certifiers, Building Control

Authorities, Building materials and component manufacturers.

• Latest update – September 2016

• Sample Preliminary Inspection Plan was seen as a positive development

• Responding to affordability/economic cost.

• Promotion of good practice in the construction sector

Code of Practice

National Building Control Management Project

Background

•Greater Efficiency

•More Effective Inspections

•Consistency across the country

National Oversight – Local Implementation

National Building Control Management Project

Regional Committees Regional Committees – Consistency

Objective Governance & Oversight

Objective

Improve the effectiveness of the Building Control Service in the 31 Building Control Authorities, by creating a centralised structure for the governance and oversight of Building Control.

This will be carried out through four work-streams:

1. IT Enabler (BCMS)

2. Training

3. Compliance Support

4. Inspections

Governance & Oversight

Objective IT Enabler - Efficiency

BCMS facilitates the electronic administration of building control functions and provides a common platform for clear and consistent administration of building control matters across the local authority sector.

NBCMP National Building Control Management Project

Objective

1. Continuing Professional Development- Annual CPD programme

2. Minimum Competency Training - Local Authority Regional Training Centres - 6 Module Course

3. Post Graduate Diploma - Trinity College Dublin

Building Control Training - Consistency

Objective Minimum Competency Training

Module 1 - Legislation Overview [Building Control Act, Building Regs, Building Control Regs, CPR, EPBD, Fire Services Act etc.]

Module 2 – BCMS and Data Analytics [BCMS front end and back end & reports system]

Module 3 – Building Regulations [Application of Parts A to M]

Module 4 - Inspections and Inspection Procedures [First principal approach – purpose, procedure/process, action/warrants, records/notes – best practice.

Module 5 – Enforcement/ Legal [Section 8/ Section 11, Serving notices , Court]

Module 6 - Compliance Support [Code of Practice, Framework, FAQs]

Objective Compliance Support - Consistency

Standardisation of Operational Activity

•Code of Practice for Inspecting and Certifying Buildings and Works.

•Framework for Building Control Authorities.

•Guidelines for Market Surveillance Authorities.

•Frequently Asked Questions.

•Best Practice

Objective Inspection work stream - Effective

1. Management and Standardisation of the Inspection Regime • Best Practice

2. Online Assessment Module • Use of data to inform Risk Based Inspection Regime and potentially the most

effective stages to inspect such works. The aim is to position Building Control Authorities to carry out risk based targeted inspections by making more efficient and effective use of the resources available.

• Optimisation of BCMS for Data Analytics i.e. Housing Statistics.

3. Electronic Inspection System • Mobile Inspection App • Inspection management system (built into BCMS)

Construction Industry Register Ireland

39

CIRI Register

Register of Builders, Contractors & Specialist Sub-contractors

In place as voluntary register since 2014

─ referenced in Building Control Regulations

─ Owner obligation to appoint competent builder – CIRI provides one

way of meeting obligation

─ 800 entities on register

Statutory Register

─ Construction 2020 measure

─ Commitment renewed in Action Plan for Jobs 2016

─ Legislative process to begin

40

Why?

The main objective is to develop and promote a culture of

competence, good practice and compliance with the building

regulations in the construction sector, which will benefit

consumers and the general public.

─Consumer Protection

─Tackling Shadow Economy

─Level playing field for compliant operators

Publication, drafting and referral for pre-legislative scrutiny of

the Draft General Scheme of a Bill was approved by

Government at a Cabinet meeting on Tuesday 30 May 2017

41

What will it look like?

Mandatory statutory register which a builder must be

included on in order to carry out any works under the Building

Control Acts.

The register will be divided into a number of different

categories depending on the nature and complexity of the

works involved

42

Eligibility

Competence relative to category - a builder will have to

demonstrate competence in the area, or areas of

construction to which his application for registration

relates.

Induction module online.

Code of Conduct.

Continuous Professional Development

Declaration of compliance/conviction with legislation

Tax Compliance

43

Governance

CIRI Board

Chairperson appointed by the Minister for Housing,

Planning, and Local Government and

ten Board members of whom

─ five members will be construction professionals or

builder/contractor representatives and

─ five members will be nominated by relevant Ministers as

follows:-

44

Application

The Act will apply to any individual, sole trader,

registered company or partnership, carrying out

building works which includes any act 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.

45

Complaints/Investigations

Consumers

─ Fail to comply with registration requirements

The CIRI Board may also carry out an investigation

─ in order to identify any improper conduct,

─ poor professional performance or

─ a breach of the registration requirements as set out in the draft

Bill.

46

Sanctions

CIRI Board may impose a proportionate sanction

─ censure or admonishment,

─ temporary suspension of registration, or

─ removal from the register.

Sanctions imposed may be appealed

Sanctions can be published by the CIRI Board in a

format deemed appropriate.

47

Offences and Penalties

• Offences

• Include undertaking and carrying out building works

without being registered with CIRI or

• failure to notify a material matter such as a

conviction under Building Control or Health and Safety legislation to the registration body.

Summary prosecution and conviction

─ imposition of a class A fine and/or

─ imprisonment for a term up to12 months.

Conclusions

Design

Workmanship Products

Building Regulations

Durabilty

Building Control

Regulations

Construction Industry

Register

Building Regulations

Construction Products

Regulations

Thank you

for your attention

An Roinn Tithíochta, Pleanála, Pobail agus Rialtais Áitiúil

Department of Housing, Planning, Community and Local Government