Towards an Effective Building Control System Chief Fire Officers Conference

1. Towards an Effective Building Control System Chief Fire Officers Conference 9th May 2012 - Maria Melia Chief Fire Officers Association Conference 2012

2. Building Control In Ireland • Local Government (Planning and Development) Act 1963 • Draft Building Regulations 1969 – 1976 • Stardust tragedy 1981 • Proposed Building Regulations 1983 • Building Control Act 1990 - established Building Control Authorities - purposes for which building regulations may be made - enforcement/inspections/offences/penalties • Building Control Regulations 1991, 1997-2009 • Building Regulations 1991, 1997-2011 • Building Regulations Advisory Body Chief Fire Officers Association Conference 2012

3. Building Control Reform Many reports have been written over the past decade calling for a review of the Building Control System • ACEI, IEI, RIAI & SCS Working Party Report - May 2004 • CFOA Submission on Building Control Bill – March 2006 • Building Control Act 2007 and Building Control Regulations 2009 • BRAB Working Group Report – March 2008 • CFOA Submission on Building Control Regulations – August 2008 • National Consumer Agency Report – November 2008 • Mandatory certificates of compliance for design and construction underpinned by an audit process • Separate properly resourced Building Control Section in each local authority • Enhanced and targeted inspections Chief Fire Officers Association Conference 2012

4. Building Control Reform • BRAB sub-group on Enforcement Report – April 2011 • Departmental/CCMA Building Control Group Report – May 2011 • Mandatory Certificates of Compliance for design and construction • Submission of drawings/documentation demonstrating compliance with building regulations at commencement and completion stages • Consumer access to a the building file • Risk based audit and inspection regime • Registration scheme for contractors • In July 2011, the Minister announced a number of measures to be advanced by the Department and by local authorities with a view to improving compliance with, and oversight of, the requirements of the Building Regulations. • April 2012 – Public Consultation on Draft Building Control (Amendment) Regulations 2012 (closing date May 24th) Chief Fire Officers Association Conference 2012

5. Draft Building Control (Amendment) Regulations 2012 The draft Building Control (Amendment) Regulations aim to provide for; (a) the introduction of certificates of compliance (as referred to under Section 6 of the Building Control Act 1990) to be signed prior to, and on completion of building works; (b) the lodgement, at the commencement and on completion of works, of documentation demonstrating how compliance with all relevant requirements of the Second Schedule of the Building Regulations has been achieved; and (c) ancillary amendments to existing regulations and prescribed forms necessitated by the introduction of the provisions at (a) and (b) above. Chief Fire Officers Association Conference 2012

6. Impact on Building Control Authorities Commencement Notice (CN) & 7-Day Notice (Article 9 and 20A(2)) Shall be accompanied by – “such plans, calculations, specifications and particulars as are necessary to demonstrate how the proposed works or building will comply with the requirements of the Second Schedule of the Building Regulations relevant to the building or works concerned”. Validation Process “On receipt of a commencement notice, a building control authority shall consider whether the notice complies with the requirements of article 9” (Article 20A(3) in case of 7-Day Notice) Analysis and validation of information submitted within 7 days - significant technical review of plans and particulars - in effect be a grant of approval for the design submitted Chief Fire Officers Association Conference 2012

7. Certificate of Compliance on Completion “such plans, calculations, specifications and particulars as are necessary to outline how the works or building as completed (i) Differs from plans, calculations, specifications and particulars submitted with the commencement notice or 7-day notice, and (ii) Complies with the requirements of the Second Schedule of the Building Regulations relevant to the building or works concerned”. Registration Process “On receipt of a certificate of compliance on completion, a building control authority shall consider whether the certificate complies with the requirements of article 20F(2)” Analysis and registration of information submitted within 3 weeks - significant technical review of plans and particulars - cross check against CN submission of Plans and Particulars - in effect be a grant of approval for the completed building Fire Safety Certificate and Disability Access Certificate - set of plans and particulars already submitted with both applications Chief Fire Officers Association Conference 2012

8. Impact on Fire Services • Fire Safety Certificate Applications received and reviewed • Fire Safety Certificate form basis of premises file data • Premises file data forms foundation for operational liaison • Commencement notices – need to be cross checked • Certificate of Compliance on Completion – need to be cross checked • If as built drawings differ from Fire Cert. = Regularisation Cert. = building can not be occupied until Regularisation Cert granted • No certificate of compliance that building has been built in accordance with FSC • Additional resources to cope with desk top analysis • Less resources to carry out inspections • Difficulties with operational liaison and pre-incident planning Chief Fire Officers Association Conference 2012

9. Fire Safety Certificate and the Fire Authority Chief Fire Officers Association Conference 2012

10. Recommendations…………… Towards an effective Building Control System Chief Fire Officers Association Conference 2012

11. 1. Fire Safety Certificate System • Key element in improving fire safety in stock of buildings • Completion certificate required that would refer to Fire Safety Certificate • “…a certificate from a suitably qualified person that the relevant parts….have been constructed in compliance with the fire safety certificate…” Multi-Unit Development Act 2011 – Section 3 (1)(c) • Amend Regularisation Certificate and 7-day Notice system • Issues with Statutory Declarations • “as constructed” v “if constructed” • Model Certificate of Compliance with Part B (Fire) of the Second Schedule to the Building Regulations • National guidance on policy and procedures required Chief Fire Officers Association Conference 2012

12. 2. Inspection Regime • Draft BCAR • Notice of Assignment of Person to Inspect and Certify Works • Certificate of Compliance (Undertaking by Person assigned to Inspect and Certify Works) • Enhanced Inspection by BCA • during construction – check compliance and avoid remediation • on occupation – safety of the occupants • Multi-discipline inspection v multi-purpose fire safety inspection • Risk Based approach to inspections • Development of RBA for Local Authority Multi-discipline Inspections • Develop a RBA model for Multi-purpose Fire Safety Inspections Chief Fire Officers Association Conference 2012

13. Risk Analysis Model – Building Control Risk Analysis Model Risk Identifiers Risk Identification Construction Related Issues Site-specific Issues History of Applicant, Builder or Advisors Quality of Documentation Design Advisors in Construction Phase? Analysis and actions now possible under these headings Qualitative Analysis Possible Construction “alerts” facilitated Certifiers Registration Body Notifications Control & Regulation Integrated Chief Fire Officers Association Conference 2012

14. Risk Analysis Model – Fire Safety Risk Analysis Model Risk Identifiers Risk Identification Complexity of Building Occupant Profile History of Management, Advisors or Builder Fire Safety Certificate Design Fire Safety Installers & Supervision Analysis and actions now possible under these headings Qualitative Analysis Possible Fire Safety during construction inspection Pre-incident Planning Fire Services Act inspection on occupation Chief Fire Officers Association Conference 2012

15. 3. Delivery of Building Control Issues to be considered • Local Government Efficiency Review Group • “A single building inspectorate service could be established on a regional basis to streamline the approach to the inspection of property.” • Integration of fire prevention and fire brigade operations is key to delivering a comprehensive community fire safety programme – needs to be kept local • Location of the Public File • Consumer should have access to the Public File – local or electronic • SHWWA model of roles and responsibilities should be explored Chief Fire Officers Association Conference 2012

16. SHWW MODEL BC MODEL Client Owner PSDP Designer BUILDING FILE/PUBLIC FILE HSA SAFETYFILE BCA PSCP Supervisor Client Owner Chief Fire Officers Association Conference 2012

17. 4. Qualifications Multi-Unit Development Act 2011 – Section 3 (1)(c) Conditions relating to sale refer to “…a certificate from a suitably qualified person that the relevant parts of the multi-unit development have been constructed in compliance with the fire safety certificate…” MUDS Act 2011(Section 3) (Prescribed Persons) Regulations 2011 • Persons whose names are on the register for architects maintained pursuant to Part 3 of the Building Control Act 2007 (No. 21 of 2007). • Persons whose names are on the register for building surveyors maintained pursuant to Part 5 of the Building Control Act 2007. • Persons whose names are on the register of Chartered Engineers maintained pursuant to section 7 of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 (No. 1 (Private) of 1969). Chief Fire Officers Association Conference 2012

18. Qualifications Building Control (Amendment) Regulations 2012 Notice of Assignment of Person to Inspect and Certify Works refers to “…a person named on a register …. Part 3 or Part 5 of the Building Control Act 2007 or section 7 of the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 and being competent in the inspection and certification of the works…” i.e. a registered architect, a registered building surveyor or a chartered engineer It would not be unreasonable to recommend that the same competency qualifications apply to the enforcing authority - Building Control Officers - Fire Officers Chief Fire Officers Association Conference 2012

19. 5. Enforcement • Deterrent for non-notification of Commencement • Penalties in relation to falsified certification • Sanctions by Registration Bodies that oversee the quality of the designated professionals • Registration and regulation of contractors and associated sanctions • Need for a “Stop Notice” and “Closure Notice” Chief Fire Officers Association Conference 2012

20. 6. Recommended Amendments to draft BCAR • Great opportunity to get it right……… • Plans and particulars required at Commencement and Completion • Sufficient for risk based analysis and inspections • Validation of CN or Registration of completion documents must not be interpreted as an approval • Electronic submission for Public File • Separate system for Fire Safety Certificate applications • Certificate of Compliance with FSC required • DAC prior to commencement • Certificate of Compliance with DAC? • Address difficulties arising from BCAR 2009 • Road Test Draft BCAR before signing into legislation Chief Fire Officers Association Conference 2012

21. In Summary……. • General Agreement that issues of compliance and oversight need to be addressed • Mandatory certification is welcomed – self certification v third party certification needs to be monitored • Professional and transparent oversight is required – records of inspection should be available on the Public File • Registration of and Certification by Contractor a requirement • Appropriate enforcement and sanctions need to be developed further Chief Fire Officers Association Conference 2012

22. Enhanced targeted inspection based on risk required – indicators for risk identification need to consistent and based on agreed objectives • Risks identifiers for general BC compliance and Fire Safety compliance will be different • The link between the Fire Safety Certificate and the use/occupation of the building needs to be enhanced and not complicated further • Any proposed shared services model should take fire prevention and fire brigade operations activity into account • Better Paperwork does not mean Better or Safer buildings! Chief Fire Officers Association Conference 2012

23. Go Raibh Maith Agaibh Chief Fire Officers Association Conference 2012