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ANCILLARY CERTIFICATION UNDER BC(A)R 2014 03-04-2019. 6 th June 2013. Presented by:. Michael Moriarty T.J.O’Connor & Associates BE, MEngSc, CEng, FIEI, FCons.EI. SCOPE of BCAR – SI No. 9 of 2014. Came into operation on 1 st March 2014. the design and construction of a new building ,
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ANCILLARY CERTIFICATIONUNDERBC(A)R 201403-04-2019 6th June 2013 Presented by: Michael Moriarty T.J.O’Connor & Associates BE, MEngSc, CEng, FIEI, FCons.EI
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.
OPT-OUT PROVISIONSSI 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)
OPT-OUT PROVISIONSSI 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.
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.”
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
BCAR – SI No. 9 of 2014 (Cont'd) • 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
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
Ancillary Certificates (Cont'd) • COP Defines a Competent Person as:
Ancillary Certificates (Cont'd) • Statutory Certificates Refer to Ancillary Certificates • Certificate of Compliance (Design) • Certificate of Compliance on Completion
CERTIFICATE OF COMPLIANCE (DESIGN) CERTIFICATE IN SI No. 9 of 2014
CERTIFICATE OF COMPLIANCE (DESIGN) CERTIFICATE IN SI No. 9 of 2014 Cont’d
CERTIFICATE OF COMPLIANCE (COMPLETION) CERTIFICATE IN SI No. 9 of 2014
CERTIFICATE OF COMPLIANCE (COMPLETION) CERTIFICATE IN SI No. 9 of 2014 Cont’d
CERTIFICATE OF COMPLIANCE (COMPLETION) CERTIFICATE IN SI No. 9 of 2014 Cont’d
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.
Ancillary Certificates • Code of Practice COP Defines Ancillary Certificates as:
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 Irelandunder section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.
ENGINEER: WHICH ANCILLARY CERTIFICATES • Chartered Engineer • Can Sign Engineer’sAncillary Certificates ED, EC and EI. • Non-Chartered Engineer • Would Have to Complete Ancillary Certificates SD, SC and SI - For Specialist or Unregistered Consultants.
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
Cl. 4.2.2 - ANCILLARY CERTIFIERS (Cont'd) • 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
Cl. 4.2.2 - ANCILLARY CERTIFIERS (Cont'd) • Designers (e.g Piling, Mech/Elec, etc.) appointed by the Builder to design and certify relevant elements • Other competent technical and trade persons
Cl. 4.2.2 - ANCILLARY CERTIFIERS (Cont'd) • The Builder , Sub-contractors, Suppliers & Manufacturers • Every Certifier Should Exercise Reasonable Skill, Care and Diligence.
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;
Cl. 3.4 – DESIGNER’S ROLE (Cont'd) • Notify the Assigned Certifier of their proposed inspection regime; • Provide the Ancillary Certificates when required by the Assigned Certifier and Design Certifier.
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
DESIGN CERTIFIER – DEFINITION (Cont'd) • 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.
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.
CL 3.5 ASSIGNED CERTIFIER'S ROLE 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.
CL 3.5 ASSIGNED CERTIFIER'S ROLE (Cont'd) co-ordinate the ancillary certification by members of the design team and other relevant bodies for the Certificate of Compliance on Completion;
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 CL 3.5 ASSIGNED CERTIFIER'S ROLE (Cont'd)
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
PRACTICE NOTE 1 ANCILLARY CERTIFICATES
PRACTICE NOTE 1 ANCILLARY CERTIFICATES Cont’d
PROFESSIONAL BODY ANCILLARY CERTIFICATES SUMMARY SHEET 1
PROFESSIONAL BODY ANCILLARY CERTIFICATES SUMMARY SHEET 2
CIF ANCILLARY CERTIFICATES SUMMARY SHEET
ENGINEER ANCILLARY DESIGN CERTIFICATE ACEI / EI BCR 1401
ENGINEER ANCILLARY DESIGN CERTIFICATE ACEI / EI BCR 1401 Cont’d
ENGINEER ANCILLARY COMPLETION CERTIFICATE – DESIGN ACEI / EI BCR 1402
ENGINEER ANCILLARY COMPLETION CERTIFICATE – INSPECTION PLAN ACEI / EI BCR 1403
ENGINEER ANCILLARY COMPLETION CERTIFICATE – INSPECTION PLAN ACEI / EI BCR 1403 Cont’d
ARCHITECT ANCILLARY DESIGN CERTIFICATE RIAI ACD 01
SURVEYOR ANCILLARY DESIGN CERTIFICATE SCSI-BS ACD
SPECIALIST ANCILLARY DESIGN CERTIFICATE RIAI ACD 02
SPECIALIST ANCILLARY DESIGN CERTIFICATE RIAI ACD 02 Cont’d
CIF ANCILLARY COMPLETION CERTIFICATE FOR SUB-CONTRACTOR / SPECIALIST CONTRACTOR CIF 01
CIF ANCILLARY COMPLETION CERTIFICATE FOR SUB-CONTRACTOR / SPECIALIST CONTRACTOR CIF 01 Cont’d
ANNEX TO CIF 01