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BCAR Ireland: Building Control Amendment Regulations

7. Construction Stage Inspection – by Certifiers

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7.1 Inspection Plan

The Assigned Certifier and other persons nominated to undertake necessary inspections should adopt an appropriate Inspection Plan which takes full account of relevant factors for the building work concerned. Relevant factors should be assessed at the outset and regularly reviewed so that effective control is maintained for the duration of each project, with adequate site inspections and records sufficient to demonstrate the application of reasonable skill, care and diligence.

The building control process, in order to be effective, requires an Inspection Plan of appropriate intensity and frequency. However, it is not practicable for every item of work to which the Building Regulations relate to be examined. The supervision by the Builder is, therefore, of critical importance. The test of the Inspection Plan will be its
success in achieving reasonable standards of health and safety in or about buildings, and of energy conservation, accessibility and sustainability for building users.

Inspection staff should use professional skill and judgement in their selection of priorities for inspection. Depending on the complexity of the project, such inspections may need to be carried out by personnel with greater expertise. Inspection staff should be briefed by their employer and, where necessary, by the Assigned Certifier on the Design lodged to the Building Control Authority and on appropriate inspections and tests to carry out.

7.1.1 Factors in Determining Inspection Plan

The Inspection Plan is dependent on many factors including:

(a) type of building, type of construction and expertise of the Builder;

(b) how complicated or relatively straightforward the method of construction is;

(c) whether recent experience indicates current problems in interpreting and/or achieving compliance with certain requirements;

(d) how serious the consequences of a particular contravention might be;

(e) the impracticability or impossibility of subsequent inspection of closed up work; and

(f) the speed of construction, or methods of fast track construction.

Appendix B provides guidance for the development of an Inspection Plan.

7.1.2 Inspection

Subject to the appropriate professional judgement and risk assessment, and recognising that it is not practicable to examine every item of work to which the requirements of the Building Regulations relate, inspection arrangements should normally make provision for inspection of:

(a) elements and components, the failure of which would, in the opinion of the certifier, be significant;

(b) works which, in the opinion of the certifier, constitute unusual designs or methods of construction;

(c) work relating to fire safety;

(d) types of work, construction, equipment or material which could, if not verified, cause defects which would, in the opinion of the certifier or designated inspector, be seriously detrimental to the fundamental purposes of the Building Regulations; and

(e) additional areas of work necessary for the subsequent issue of a certificate at completion.

Appendix C provides guidance when inspecting a Detached Non-Complex Dwelling House.

7.2 Inspection frequency

The most important thing is to have an appropriate Inspection Plan; the scope and frequency of inspection should be determined and incorporated in a formal written plan. This plan should be kept under review as the project proceeds. It should take into account the Inspection Plan factors above.

Periodic inspection should be carried out depending on the size and nature of the particular building project. This should include critical milestone inspections and inspections as set out in the Inspection Notification Framework (INF).

7.3 Inspection Notification Framework (INF)

The Assigned Certifier should, as part of the Inspection plan and before the commencement of work on site, agree with the Building Owner and Builder an INF, taking account of the building works involved and other factors. The INF should identify generally the stages or items of work the individual certifiers wish to be notified of, as and when they are ready for inspection.

The Assigned Certifier should make available an Inspection Plan including the Inspection Notification Framework (INF), taking account of the complexity of the project and other factors. The INF should identify generally the stages or items of work which the Assigned Certifier wishes to be notified to him/her and nominated Ancillary Certifiers when such stages or items are ready for inspection.

The INF should be prepared:

  • in conjunction with the Inspection Plan;

  • in consultation, as far as possible and necessary, with other members of the Design and Construction team and with those providing Ancillary Certificates; and,

  • before the commencement of work on site;

and should be communicated to the Building Owner and Builder.

Each certifier and testing agency together with the Builder and others should then respond, as appropriate, to all notifications identified in the INF.

NB: it should be made clear to the Builder that the Assigned Certifier and the other persons referred to above may carry out unannounced inspections between the stages identified in the INF and/or in the Inspection Plan.

7.4 Follow up procedures

Effective follow up procedures are essential to check that previously noted noncompliance issues have been corrected. The person responsible for the particular inspection, e.g. the Assigned Certifier or the Ancillary Certifiers, should check that the matter raised has been resolved satisfactorily.

7.5 Tests

Certain tests may need to be carried out, as necessary, in order to demonstrate compliance. In some cases such tests may be ones referred to in the Technical Guidance Documents published to accompany the various parts (A to M) of the Building Regulations. The Assigned Certifier and Ancillary Certifiers should consider and identify the need for such tests at the earliest possible stage and as far in advance as possible. They should include them, as far as possible, in the building contract documentation where there is a contract in place.

The Inspection Plan and the INF should indicate the tests that the Certifiers wish to monitor periodically and, where necessary, the Building Owner should be notified about test requirements.

7.6 Records of inspection

Records of each inspection should be maintained by the person and firm responsible and should be sufficient to identify the work inspected and any non-compliance.

Where the work inspected is not shown on drawings available to the person inspecting, these records will necessarily be more detailed. It is important, in order to ensure that proper, evidence-based inspection arrangements and procedures are in place, that adequate records are maintained to show what works were inspected, the results of the inspection and any remedial action considered necessary and when such remedial action was carried out.

Who has to perform or carry out a role as part of this new Code of Practice?

The following are involved in any submission made under the BCAR:

  • Building Owner
  • Builder
  • Designer
  • Design Certifier
  • Assigned Certifier
  • Ancillary Certifiers
  • Building Control Authority

Steps prior to Commencement

Pre-Commencement

Step 1: You must appoint a Builder and an Assigned Certifier.

Step 2 The assigned certifier then sets up the proposed works on https://nbco.localgov.ie/

Step 3: Assigned Certifier sets up roles on the BCMS system. Owner Builder Assigned Certifier The owner and builder must set up an account at their nominated email address and accept role

Step 4: Assigned Certifier Downloads statutory documents which must be signed by the:

Owner must sign these forms:

  • Commencement notice
  • Notice of Assignment of Builder
  • Notice of Assignment of Assigned

Assigned Certifier must sign:

  • Undertaking by Assigned Certifier

Builder must sign:

  • Undertaking by Builder

Design Certificate:

  • Design Certificate is to be signed by Architect/Designer

Step 5: Uploads all of the documents above to the BCMS system

Step 6: Upload all relevant design documents:

  • Construction GA drawings including Plans, Sections and Elevations
  • Structural Drawings including Plans, Sections and Elevations including any underpinning drawings and design details
  • Part L compliance Documents
  • Provisional BER
  • Part F design Documents
  • Compliance document with respect to Parts C,D,E,G,H
  • Planning Compliance Documents
  • Fire Safety Certificate Grant, report and drawings
  • Disability Access Certificate Grant, report and drawings
  • Construction Programme
  • Preliminary Inspection Plans from Design Certifier and any Ancillary Certifiers
  • Ancillary Certificates from Ancillary Certifiers i.e. Structural Engineer, M+E engineer

Step 7: Submit fee of €30 per dwelling The commencement notice will then be granted within two weeks of this. You cannot start works within 14 days and if you haven’t started within 28 days, the commencement notice must be resubmitted.

Validation

This will occur prior to commencing construction on site and is where the Commencement Notice is submitted to the Building Control Authority along with Notices of Assignment (Builder and Assigned Certifier), Undertakings, the Design Certificate and accompanying plans and documentation. Preliminary Inspection Plan is required to be prepared and submitted. All information will be submitted using the new online Building Control Management System https://nbco.localgov.ie/. The commencement notice must be received by the Building Control Authority not less than 14 days and not more than 28 days before commencing works on site.

Proposed Implementation

We would propose the following:

  • All consultants to meet for a design team meeting inspection on a fortnightly basis.

  • Construction Programme will be adhered to and updated if there are any changes.

  • All consultants will be required to adhere to this and will have to inspect as set out in their preliminary inspection plans.

  • All consultants will be contacted at least 3 working days prior to an inspection.

  • All consultants will be required to furnish us with their inspection reports within one week of their inspection.

  • We would set up a system where all relevant documentation will be uploaded to. This system will only be viewable by all and editable by
    the design team.

  • Builder to provide programme progress report every Friday. 8. All delivery dockets to be kept and scanned and sent to Assigned Certifier

  • Any changes to specifications i.e. window manufacturers to be agreed with Design Certifier prior to procurement

  • Ancillary Certificates will be required for any design area outside the scope of the Design Certifier

  • All compliance requirements will need to be agreed and completed in accordance with the Councils requirements

  1. Confirmation of point 10 above will be required prior to submission of the Completion Certificate.

Construction stage – assessment and inspection

During construction, inspections are carried out in accordance with the Inspection Plan. It is expected that local authorities will inspect 12% to 15% of new buildings during construction and inspections will be targeted and based on risk assessments. Therefore they are likely to be focused on multi-unit developments such as apartments

Completion stage

Approximately 3 to 5 weeks in advance of occupying the building, the Certificate of Completion is submitted along with the actual inspection plan implemented as well as plans, calculations, specifications and particulars demonstrating how the completed project has complied with the Building Regulations.

Within 21 days of submitting the certificate of completion, the Building Control Authority will consider whether the certificate is valid and if valid, include details of the certificate on the statutory register at which point the building can be opened, used or occupied.

After 21 days, if the authority has not reverted, the building is automatically added to the register.

Within 21 days, if the certificate is regarded as not being valid, the Building Control Authority will reject the certificate and notify the Assigned Certifier giving reasons the certificate cannot be accepted or require the Assigned Certifier to submit such revised certificate or additional documentation as may be deemed necessary by the authority for the purposes of validation. Upon receipt of further information, the authority have 7 days to revert.

If a building is not added to the register it cannot be opened, used or occupied.

What information needs to be submitted with a Certificate of Compliance on Completion?

At completion stage, the Assigned Certifier is required to submit the following to the Building Control Authority:

  • A Certificate of Compliance on Completion signed by the Builder and by the Assigned Certifier
  • Plans, calculations, specifications and particulars, showing how the completed building has achieved compliance with the Building Regulations must be lodged on the Building Control Management System when the Certificate of Compliance on Completion is submitted or at an earlier date. Where design documents have changed or supersede design documents previously lodged with the Building Control Authority with the Commencement Notice or at a later date, any such difference should be clearly identified;
  • The Inspection Plan as implemented by the Assigned Certifier in accordance with the Code of Practice

Submission of the Certificate of Compliance on Completion

Approximately 3 to 5 weeks in advance of occupying the building, the Certificate of Completion is submitted along with the actual inspection plan implemented as well as plans, calculations, specifications and particulars demonstrating how the completed project has complied with the Building Regulations.

Within 21 days of submitting the certificate of completion, the Building Control Authority will consider whether the certificate is valid and if valid, include details of the certificate on the statutory register at which point the building can be opened, used or occupied.

After 21 days, if the authority has not reverted, the building is automatically added to the register.

More Information
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