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BCAR Ireland: Building Control Amendment Regulations

2. Definitions

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The definitions set out below are for the purpose of explaining terms used in this Code of Practice. They are not, and should not be construed as being, legal definitions or interpretations of similar terms which may be used in the Act of 1990 or any regulations made thereunder.

“Act of 1990” means the Building Control Act 1990 (No. 3 of 1990) as amended by the Building Control Act 2007 (No. 21 of 2007) and the Local Government Reform Act 2014 (No. 1 of 2014);

“Ancillary Certificates” means a certificate other than a statutory certificate of compliance as prescribed in the Building Control Regulations given by a competent person to confirm compliance of elements of the building, design or works with Building Regulations; and “Ancillary Certifier” means a person proposed to issue such a statement. (Note: a “person” also includes a company);

“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;

“Builder” means a competent builder assigned by the Building Owner, to build and supervise the works in accordance with the Building Control Regulations;

"Building Control Authority" means a local authority to which section 2 of the Act of 1990 applies;

"Building Control Regulations" means the Building Control Regulations 1997 to 2015 as amended or replaced;

“Building Owner” means the person who has commissioned or paid for the works and who has legal entitlement to have such works carried out on their behalf, and who submits a Commencement Notice or 7 Day Notice in
accordance with the Building Control Regulations;

"Building Regulations" means the Building Regulations 1997 to 2014 and any amendments thereto;

"Certificate of Compliance" means a certificate of compliance provided for under section 6(2)(a)(i) of the Act of 1990;

‘‘Commencement Notice’’ means a notice referred to in section 6(2) (k) of the Act of 1990;

“Competent Person”: a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size and/or complexity of the building or works, the person possesses
sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken;

"Construction" has the meaning assigned to it in the Act of 1990 and 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" will be construed accordingly;

"Design" has the meaning assigned to it in the Act of 1990 and 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" will be construed accordingly;

“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 is in compliance with the Second Schedule to the Building Regulations insofar as they apply to the building or works concerned, and

  • 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.

"Enforcement Notice" has the meaning assigned to it by section 8 of the Act of 1990;

“Inspection Notification Framework” or “INF” has the meaning set down in section 7.3 of this Code of Practice;

“Inspection Plan” has the meaning set down in section 7.1 of this Code of Practice;

"the Minister" means the Minister for Housing, Planning, Community and Local Government;

"works" has the meaning assigned to it in the Act of 1990 and includes any act or operation in connection with the Construction, extension, alteration, repair or renewal of a building;

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