Mairéad Phelan, BE, CEng, FIEI, MBA

BCMS Project Manager

LGMA-Project Management Office

https://www.localgov.ie/en

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S.I. 9 of 2014 2014 Building Control Amendment Regulations

Building Control Regulations Seminar:

Building Control Management System (BCMS)

Building Control Authority-Requirements for Compliance Most Common Mistakes

6th November 2014

North-East Region

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Overview • The Building Control Act 1990 provides for the establishment of

Building Control Authorities and forms the basis for all subsequent Building and Building Control Regulations.

• Compliance essentially relied on “Light touch” or self-certification/regulation with limited independent oversight. Many buildings were built by people who had no training, legal and/or professional advice regarding the science of construction with disastrous outcomes.

• The 2007 Act provides for the recognition of professional qualifications and this with the implementation of the

• 2014 Building Control (Amendment) Regulations provide the industry with a new opportunity to “build” for the future. This presentation will give an overview of the Building Control Management System (BCMS) and the Building Control Authority requirements for compliance.. Most common mistakes

• Best opportunities are always found on the heels of failure

Building Control Management System (BCMS)

Why-Common Mistakes! https://www.localgov.ie/en

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Building Control Act 1990-2007

Building Regulations

Technical Guidance Documents Applications- Dispensation/relaxation

Building Control Regulations

- Commencement Notices-CN - Fire Safety Certificates-FSC - Disability Access Cert-DAC - 7-day notices-7D - Lodgement of Plans - Design Certificate - Notices of Assignment - Undertaking Certificates - Certificate of Compliance on Completion-CCC - Inspection Plan - Public Register -Validation by BCA

Code of Practice Framework for BCAs

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Regulatory Considerations in Building Construction- Planning Acts SHWW Act Multi Unit

• Pre-planning • PSDP Development Act

• Development plans • PSCS • Certification from

• Taking in Charge • Safety File Competent Person

Health Act Fire Services Act Building Control Acts

• Designated Centres • Occupation Phase Building Regulations

• HIQA Registration • Section 18(2) – Duty of Building Control Regulations

• Certification from Care • FSC and DAC

Competent Person • Section 18(6) – Fire • CN and 7-Day Notice

Safety Assessment • BCAR 2014

Sale of Goods &

Services Contract Law Arbitration Acts1954-1980

Construction Law

Construction Products

Regulations Roads & Traffic Legislation

TIC-Traffic Management

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Roles & Duties- Owners, Builders, Designers responsible for compliance Assigned Certifiers- liaise with the BCA, inspection plans & document collation for Certificate of Compliance on Completion Building Control Authority administer the process and may take enforcement

Read Roles & Duties

BCMS- Local Authorities Collectively-One Voice

Supporting the promotion of the move to eGovernment…… online, Registration, Notices, Applications, Certificates of Compliances, Inspection Plans, Compliance Documents

& Statutory Registers

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BCMS making available user videos with links on web page

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1. When you are nominated for a role you will receive the email below. a) If you are already registered on the BCMS click on the link to bring you to the BCMS and login using your username and password. Then Proceed to step 6. b) If you are not registered on the BCMS see step 2 below.

Steps to accept a Role on the BCMS

2. If you are not registered on the system you will also receive the following email. Click on the long link listed in the email to validate your email address.

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3. Click on 'Log in'

4. Enter your password into 'Password' field and 'Confirm Password' field and click on 'Save'.

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5. Create your BCMS profile by entering your details in to the form. Click on 'Save Details'.

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6. Click on the 'List Notices' tab and then click on 'Details' beside the notice you have been nominated for.

7. Click on the 'Nominated Roles' tab, and click on the Accept/Reject button under the 'Confirm Nomination' column.

User Account-Login or Create new account-all stakeholders/users must register with system before can

accept a role-

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How do I reset my password?

1. Click on this link: https://www.localgov.ie/en/user/password. 2. Enter your email address and you will be emailed a new password.

3. You should now have an email with the subject 'replacement login information'. 4. Click on the link within the email to reset your password. 5. Then click on 'log in'

6. Enter your password in the first box and confirm your password again in the second box.

7. Click on 'list notices' tab. 8. Click on 'details' beside the project that you have been assigned for. 9. Click on 'nominate roles'. 10. You can then accept/reject the role.

How do I accept my role? Once you are logged in follow the below steps: Click on 'list notices' tab. Click on 'details' beside the project that you have been assigned. Click on 'nominate roles'. You can then accept/reject the role.

How do I update my qualifications?

In order to update your qualifications you must login to your account and click on the 'my account' tab and then click on 'update my details'. You can then enter the details of your qualifications at the bottom.

How do I update my qualifications as I do not have a builder qualification?

If you do not have a builder qualification you can select 'other' from the 'registration type' drop down menu and click on 'save details'.

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Purpose of Commencement Notice (CN)- Secure Compliance- paperwork & design - Health & safety of People in or around buildings

• 6(2)(k) notice to BCAs of the erection of buildings or carrying out of works.

• Comply with the requirements of the;

o Building Control Regulations-matters of Procedure, Administration & Control.

o Building Regulations-technical design, energy conservation & accessibility

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Purpose of Commencement Notice (CN) Secure Compliance with Building Regulations Most Common Issues with Commencement Notices submitted to BCAs

• Incomplete Forms-all fields must be completed

• Dates omitted

• Signatures omitted

• Professional registration number omitted or completed n/a

• Q6 not completed at all

• No preliminary inspection plan or completely inadequate

• Planning drawings submitted with CN “for planning purposes only”

• No reference to the Building Regulations in any drawings

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Commencement Notice Mandatory Document Requirements Schedule of Documents(Plans, Calculations, Specifications, Ancillary Certificates & Particulars)-Schedule that may be relied on during process to demonstrate compliance with Building Regulations. All or some of these documents may be requested by the Building Control Authority.

Documents/General Arrangements Description-Plans, Sections, Elevations, Compliance Statement Report, Ancillary Certificates

Remarks-Available or to available @ a later date

Reference No

Upload (I)General Arrangements Plan Plan upload Sections Plan upload

Elevations Plan upload Compliance Statement Report Report upload (II) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date,(potential list A-M compliances below)

List/Schedule- include those designed i.e. available and to be designed during the project development

upload (III) the completion of an online assessment, via the Building Control Management System, of the proposed approach to compliance with the requirements of the Second Schedule to the Building Regulations,

Complete this online

BCMS Online

(IV) the preliminary Inspection Plan prepared by the Assigned Certifier, and

List milestone inspections and relevant Building Regulation Compliance issues

upload (I) a Certificate of Compliance (Design),

upload (II) a Notice of Assignment of Person to Inspect and Certify Works (Assigned Certifier),

upload

(III) a Certificate of Compliance (Undertaking by Assigned Certifier),

upload

(IV) a Notice of Assignment of Builder, upload (V) Certificate of Compliance (Undertaking by Builder)

upload

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Don’t forget to • download, • sign & • upload

Mandatory Statutory Forms accompanying a Valid CN

Mandatory Statutory Forms-above &

Completed Commencement Notice accompanied with;

• Schedule of documents detailing

– Plans,

– Calculations,

– Specifications

– Ancillary Certificates

– Particulars

necessary to outline how the proposed works or building will comply with the requirements of the 2nd Schedule to the Building Regulations relevant to the works or building, and including—

(I) general arrangement drawings including plans, sections and elevations,

(II) a schedule of such plans, calculations, specifications and particulars as are currently designed or as are to be prepared at a later date,

(III) the completion of an online assessment, via the BCMS, of the proposed approach to compliance with the requirements of the 2nd Schedule Building Regulations,

(IV) Preliminary Inspection Plan prepared by the Assigned Certifier,

CCC-Annex table to Certificate of Compliance on Completion-Document Requirement

Fully Completed CCC accompanied with;

• Table of Plans,

– Calculations,

– Specifications,

– Ancillary Certificates and

– Particulars

as are necessary to outline how the works or building as completed

(i) differs from the plans, calculations, specifications and particulars submitted for the purpose of Commencement Notice

(ii) complies with the requirements of the Second Schedule to the Building Regulations, and

(c) accompanied by the Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice

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S.I. 9 of 2014 Document Requirement for Compliance Commencement Notice (CN)/7Day & Certificate of Compliance (CCC) on Completion Process

CN-Q6 Commencement Notice Document Requirement

Purpose of Commencement Notice (CN) Secure Compliance Attach/Upload the; General Arrangement Drawings including plans, sections and elevations, Preliminary Inspection Plan Schedule of documents

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1. Compliance Report based on Building Regulations A – M 1997 - 2014:

a. Including any calculations/specifications which cannot be visually demonstrated on a plan drawing e.g.

ventilation calculations, requirements for discharge pipes, required distances between drainage access

points, height of electrical fixtures, heating appliance specifications, etc.

2. Site Location plan at a scale of 1:1000/1:2500

3. Floor Plans (each floor separately) at a scale of 1:100

4. Elevations (each elevation) at a scale of 1:100

5. Sections (long & cross sections) at a scale of 1:100

1. Foundation details at a scale of 1:50

2. Ground floor plate details at a scale of 1:50

3. First & subsequent floor plate details at a scale of 1:50

4. External wall details at a scale of 1:50

5. Surface & foul wastewater plans & sections

6. Structural calculations

7. Roof plan & sections

8. DEAP Calculations

9. Provisional BER

10. Details relating to any gas/heat installation

11. Details relating to the electrical installation

12. Details relating to construction products

13. Any site investigation reports

14. Details relating to any soakaway/percolation area/septic tank (where necessary)

Example of Schedule of Documents which may Demonstrate

Compliance -Domestic Dwelling-not prescriptive

Note; Only necessary to upload the mandatory; • Completed CN • The 5 Statutory Forms • Preliminary Inspection Plan • General Arrangement Drawings • Schedule/list of Documents

designed & to be designed during the course of construction

Remember that any document listed in the Schedule may be requested by the BCA for upload during the construction or @ completion stage

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Structure(Part A) Site investigation report Report upload Foundations - general arrangement Plan upload Super structure - general arrangement & disproportionate collapse

Section upload

External wall cladding structural arrangement Section upload Structural design calculations/codes used/ assumptions made etc.

Report upload

Fire (Part B)-Mandatory Upload if Fire Certificate Required or 7 Day Notice submitted

Fire Certificate/7day notice Certificate upload Statement of Compliance Report upload and/Or And/Or Means of escape Plans & elevations upload Internal spread of fire (linings & structure) Plans & elevations upload External spread of fire Plans & elevations upload Access and facilities for fire Plans & elevations upload

Site Preparation (Part C)

Subsoil drainage arrangements Plans & cross sections upload Treatment of site contaminants/ landfill gas Report upload Radon measures Design-Ancillary Cert. upload

Resistance to Moisture (Part C)

Resistance to moisture (incl cladding) Plans & sections upload

Materials(Part D) Specification of material fit for use in conditions of use. Specification document upload Location of Letter plates Elevation upload

Sound (Part E) Sound resistance build-up of relevant floors and walls Plans & sections upload Airbourne Sound Tests Report upload Impact Sound Tests Report upload

Ventilation(Part F) Ventilation rate calculations Report upload Ventilation system - general arrangement Plans, sections,

elevations upload Adequate roof ventilation Sections & elevations upload

Schedule of Documents which may Demonstrate Compliance Part A-H

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Hygiene(PartG) Adequate bathroom and kitchen facilities Plans upload Adequate hot and cold water supply Plans & sections upload Adequate sanitary conveniences and washing facilities Plans

upload Drainage(Part H) Adequate- foul waste drainage system to main sewer Plans, sections &

elevations upload Adequate- surface water drainage system to main sewer or watercourse

Plans, sections & elevations upload

Adequate wastewater treatment system (septic tank or packaged wastewater treatment system)

Plans & sections upload

Heat producing appliances (Part J)

Air supply to appliances Plans & elevations upload Discharge from appliances(chimneys, flues, fireplaces) Plans & elevations

upload Carbon monoxide alarms Plans upload Flue terminals Plans & elevations upload Fuel storage system Plans & sections upload

Stairways, Ladders, Ramps and Guards (Part K)

Safety Details-Guarding at edges (floors, balconies, roofs to prevent people and vehicles falling)

Plans & sections

upload Conservation of Fuel and Energy(Part L)

DEAP/NEAP calculation Report-BER upload Build-up of fabric elements -walls, ground floors, roofs etc. Plans& sections upload Space and water heating system Plans & sections upload

Access and Use (Part M)-Mandatory upload if DAC Required

DAC DAC upload Statement of Compliance Report upload And/Or And/Or Approach to dwelling Plans, sections &

elevations upload Access to dwelling Plans upload Circulation within dwelling Plans upload Sanitary facilities for dwelling Plans upload Switches and sockets in dwelling Plans, sections &

elevations upload

Schedule of Documents which may Demonstrate Compliance contd. Part G-M

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Certificate of Compliance on Completion

Part A — Certificate signed by Builder

Part B — Certificate signed by Assigned Certifier

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Schedule of Documents (Plans, Calculations, Specifications, Ancillary Certificates and Particulars

Annex List Mandatory & OtherRequired

Documents -Name Y/N

Description-Plans, Sections,

Elevations, Compliance

Statement Report, Ancillary

Certificates Remarks Reference No Upload

Table of Plans, Upload

Calculations Upload

Specifications Upload

Ancillary Certificates Upload

Particulars Upload

DACs-DAC-Revised Upload

FSCs-FSC-Revised-Regularisation Upload

Relaxation of Building Regulations Upload

Dispensation from Building Regulations Upload

DEAP Calculations Upload

NEAP Calculations Upload

For Phased Developments Compliance Check with

Building Regulations-stand alone compliance Upload

Omitted Compliances Documentation/Report the

subject of future Development Works

Compliances-CCC Upload

Previous CCC Compliance Ref No

Documentation/Report which form part of this CCC Upload

Other Commencement Notices relevant to this

Completion certificate Upload

S11 Requests Resolution Report Upload

Enforcement Resolution reports Upload

Differences from commencement

Submission Upload

Inspection Plan as Implemented Upload

Signed CCC by Builder & Assigned Upload

Other Compliances Upload

Annex to Be Completed Refer to Q6 of commencement Notice when Completing- to be Completed by the assigned Certifier

CERTIFICATE OF COMPLIANCE ON COMPLETION (CCC)-Cross Compliance

ANNEX

Table of Plans, Calculations, Specifications, Ancillary Certificates and Particulars used for the purpose of construction and demonstrating compliance with the

requirements of the Second Schedule to the Building Regulations and showing, in particular how the completed building or works differ from the design submitted to

the Building Control Authority prior to construction

(Details of relevant plans, etc. may be listed below and attached hereto)

Note; Only necessary to upload the; • Statutory CCC Form, • Inspection Plan as Implemented • Table/schedule of Compliance

Certificates & Documents which show how compliance with regulations was achieved- & include details which differs from those details listed in the CN Schedule Note; the documents/certificates listed in this table should be available for upload if requested by the BCA

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Compliance Documentation Requirements Q6 of CN

Examples of typical Detail requirements

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Purpose of Commencement Notice (CN) Secure Compliance

Most Common Construction Defects Observed by BCAs

1. Underfloor fill- panel fixings, pyrite.. (Part A, C, D)

2. Moisture ingress-radon, dpc. (Part C)

3. Fire resistance-eaves, party walls, ducting (Part B)

4. Sound transmission,-flooring detail, insulation (Part E, L)

5. Condensation & mould growth (Part F)

6. Frozen pipes, attic tank, stopcocks (Part G)

7. Septic tanks overload, flooding (Part H)

8. Flues, location, size, burners (Part J)

9. Balcony, Stair rails-wrong height, glass (Part K)

10. Steps to entrances (Part M)

11. BER calculations don’t exist, stud fixings, cavities clear of mortar (Part L)

12. Timber frame-fixings, vapour control, cavity barriers, fire stopping,

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Inspections for Compliance by BCA-Random & Risk Based (a) the use of the building; (b) the type of construction; (c) the level of experience of the design team and the Builder; and (d) past experience regarding compliance by the parties involved in the project.

No guidance on what constitutes a proper full inspection

• Should cover as many parts of the Building Regulations as practical

• BCA inspectors-inspect housing developments @ various stages of construction;

• full inspection may not take place on the same development.

1. Inspection @ foundation stage prior to pouring of footings may include compliance with Part A , C and possibly H

2. Inspection @ dpc, radon barrier-may include compliance with Part C

3. Inspection during construction may include compliance with Part B,C,E, J & L i.e. fire barriers, moisture penetration, sound & thermal insulation, cavities, ties, flashing etc.

4. Inspection close to completion stage may cover compliance with Part E, F, L,K & M i.e. fire separation, vents, flues,

• Preliminary Inspection Plan should have regard to above 31

BCAs-Inspections Stages for Compliance

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Stage No Building Elements Relevant Part of

Building Regulations

Elements to be Inspected /

Checked

1. Design Stage Paper Assessment-

S11 Requests

A-M A-M

2. Formation

Level

Substructure & Drains A,C,D,H Ground bearing, Drainage

3. Foundations Excavation Ready for

Inspection

A,C,D,H,,B,K,L,M Foundations, pipe covers

4. Ground Floor

Level

Superstructure walls

and floor Joists laid

A,C,D,H,,B,K,L,M Access, ventilation, walls

5. Wall Plate

Level

Services, ventilation

etc

A,B,D,E,F,M Fire, insulation, floors-

sound

6. Roof Roof Construction &

bracing complete

A,B,J,K Fire, bracing, water storage

7. Certification First Fix Services

Complete & Ready for

Occupation

A-M Installation manuals

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Building Stage

/ Project

Milestones

Building Elements

Relevant

Part of

Building

Regulation

s

Elements to

be Inspected

/ Checked

Applicable

? Y/N

Preliminary Inspection Plan

General Arrangement

Drawings

Schedule of Specifications,

Calculations etc.

Completion of online

submission via BCMS

Site Setup A, C, D

Ground Conditions A, C, D, H

Initial Site Development A, C, D, H

Foundation Commencement A, C, D

Other

Hardcore Material and depth A

Foundations A

Radon Prevention C

Structural Elements A

Cavity Wall set-up and

preparationA&D

Material and Workmanship D

Floor & Wall Structure A Rising Walls

Material and Workmanship D DPC location

Access Widths - doors &

corridorsB,D,K,M Access

Wall Insulation, Ties, Length B,D,K,M,L Completeness

Fire Compartmentation &

EscapeB,M

Integrity of

compartments

Frames (Timber & Other) A,B,D Ventilation

Stair width, going, rails,

landings, compartmentsB,K,M

Continuity of

widths

Lift Compliance M CE mark

DPCs / Membranes laps &

jointsA,C,D Integrity

Universal access, ramps etc M Continuity

Fire stopping, cavity barriers,

seals for service pipes & ducts

at floors etc

B

Measures for

sealing at floors

& walls

Drainage systems testing

before & after enclosureH

Falls, leakage,

access for

maintenance

1 . Design Stage

–

Commencement

Notice Review

A to M

4. Ground

Floor Level

Not Applicable

at this stage

2. Formation

Level - Ground

and Site

Conditions

Bearing of

Ground;

Foundation

width, depth,

any stepping

overlap

3. Foundation

Level - Below

ground works

Bearing of

Ground;

Foundation

width, depth,

any stepping

overlap; CE

Marking

Example of 7 Stage Building Control Authority Inspection Plan Inspection 1-4

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Example of 7 Stage Building Control Authority Inspection Plan Inspection 5-7

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Preliminary Inspection Plan-very basic

Preliminary Inspection Plan-submitted no reference to Building Regulations

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Commencement Notice Data

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Developments commenced without the benefit of a commencement notice –an assessment of the situation Note: This problem has emanated in a few local authorities; It is a problem in that; 1. A Commencement Notice is required under Article 9 of the Principal Regulations(Building Control 1997) for specified buildings or

works; the requirement for this has changed very little from the 1990 Building Control Act other than the requirement for accompanying documentation and registered professionals for certain specified buildings or works.

2. Failure to comply with any requirement shall be an offence to which section 17(2) of the Act of 1990 applies." And again nothing has changed here.

3. For many buildings or works where a FSC and/or DAC is required the building cannot be occupied without a valid certification form the BCA-again very little has changed here.

4. A failure to lodge a commencement notice and/or occupy the premises without valid certification under the BCA is an offence as set out in 2 above.

5. It is not possible now since the bringing into law of SI9 of 2014 or before the advent of SI9 of 2014 to regularises the breach of this legislation for non-submission of documentation including commencement notices.

6. The course of action open to the BCA is to enforce the requirements of the Building Regulations -i.e. serve enforcement for the commencement of buildings or works without notice to the LA in the form of a Commencement Notice i.e. enforcement for "failure to submit a Commencement Notice" and then prosecute this in the courts.

7. Prosecution proceedings against defaulters - Section 17 of the Act which must be; • instituted within twelve months after the date of the discovery of the offence but not later than five years after the date of the completion of any building or works in respect of which the offence is alleged to have been committed.

8. The BCA may decide to just serve the enforcement notice, put the particulars on the statutory register and before the expiry of the 12 months decide not to prosecute for stated reasons which may include; financial consideration, the proportionality of the offence in relation to the consequences, the common good and the fact that the building or works may be certified as fully compliant with the Building Regulations but not compliant with the administrative requirements of the Building Control Regulations etc. Each LA must look at the individual situations and ultimately it is up to them how to proceed.

9. If a building has commenced without a commencement notice and this is brought to the attention of the BCA and/or owner; it is open to the owner to apply for a commencement notice for the remainder of the building or works; part of the certification and the accompanying documentation would have to include certification to the effect that due diligence was carried out on the already commenced buildings or works (similar to building an extra storey on top of an existing building) etc. The completion certificate pertaining to this would only cover the works in the commencement notice and the works already carried out could never be the subject of a completion certificate for the purpose of the legislation but that doesn't mean that they are not compliant with the Building Regulations. This may cause legal impediments for the owner but this is not a concern of the BCA

10. The other option is that the owner demolishes and starts again or 11. The BCA, enforces, prosecutes and requests removal; it may be that the judge would look at proportionality (Wicklow Fortune

High Court Case)

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Definitions for the purpose of Building Control

Design

"design" includes the preparation of plans, particulars, drawings, specifications, calculations and other expressions of purpose according to which the construction, extension, alteration, repair or renewal concerned is to be executed and "designed" shall be construed accordingly;

Construction

"construction" includes the execution of works in connection with buildings and any act or operation necessary for or related to the construction, extension, alteration, repair or renewal of a building and "constructed" shall be construed accordingly;

Building

"building" includes part of a building and any class or classes of structure which are prescribed by the Minister to be a building for the purposes of this Act;

Works “works” includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building;

Minor Works “minor works” means works consisting of the installation, alteration or removal of a fixture or fitting, or works of a decorative nature;

Substantial Work has been Completed

“substantial work has been completed” means that the structure of the external walls of the building has been erected.

Repair of renewal “repair or renewal” means works of maintenance or restoration of a routine nature relating to—(a) the keeping of a building in good condition or working order

Material Alteration

“material alteration” means an alteration (other than a repair or renewal), where the work, or any part of the work, carried out by itself would be subject to a requirement of Part A or B of the Second Schedule to the Building Regulations;

Material Change of Use

"Material Change of Use" Section 3(3) of the Ac( a ) a building, being a building which was not originally constructed for occupation as a dwelling, or which, though so constructed, has been appropriated to other purposes, becomes used as a dwelling, Etc.-BCA definition & additions in the Regulations

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