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Contents

• Legislation, Guidance, Competency

• Risk Assessment – BCAR, BRegs

• Procedures & Stages

• Summary

Conor Taaffe, Managing Director, HomeBond

S.I. 9 BCAR 2014

- Certification Issues Assigned Certifier

Engineers Ireland, 22 Clyde Road, Dublin 4

5th September 2016

1. Certificate of Compliance (Design)

2. Lodgment of drawings, specifications

3. Notice of Assignment + Undertaking – builder, professional

4. Obligation to notify BCA - owner/builder/professional

5. Code of Practice - Inspection Plan

6. Certificate of Compliance (Completion)

7. Lodgment of drawings at completion of construction (if

different) + documents, demonstrating how the building has been designed/ built to comply with the Building Regulations

1 -> 5 Commencement; 6 -> 7 Completion

S.I. 9 BCAR 2014

Design Construction

S.I. 365 BCAR 2015 ?

S.I. 9 BCAR 2014

Competent Registered Professional(reasonable skill, care and diligence)

Legal Liability - Common Law (duty of care), Contract, Statute)

BCMS - November 2014

Guidance

Practice Notes- ACEI, CIF, EI, RIAI, SCSI

Ancillary Certificates Certificates of Compliance

How many Regulations ?

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The Board of Trustees of National Museums and Galleries on Merseyside v AEW Architects and Designers Limited and PIHL UK Limited and Galliford Try Construction Limited (in joint venture)[2013] EWHC 2403 (TCC)

• The judge found AEW in breach of contract and negligent in failing to properly design the architectural steps and seats as well as finding it in breach of its co-ordination and inspection obligations.

• AEW joined the Contractor into the proceedings as a third party claiming a contribution (pursuant to the Civil Liability (Contribution) Act 1978) from them for failures in aspects of their design and workmanship which overlapped with AEW’s duties.

Negligence (1)

• In terms of apportioning liability between the Contractor and Architect, the judge found the Contractor 25% liable for design and workmanship breaches and ordered it to contribute about £200,000 towards AEW’s damages.

• This case serves to underline the significance of clarifying at the outset of a project the roles and responsibilities of the parties and identifying who has (design) responsibility for what aspects.

• The judge noted the unwarranted reliance and buck passing to others, when, as design leader, it should have taken important decisions itself.

Negligence (2)

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Training + Experience = Competence

Range of courses

1. Building Regulations Explained (BR01)2. Mechanical Electrical Explained (ME01)3. Building Defects Analysis (BD01)4. Site Developments Works Explained (SD01)5. Construction Liability Explained (CL01)6. TGD B Explained (FS01)7. TGD L Explained (PL01)8. Tool Box Talks (on site)

HOMEBOND

Single source website for users to search for resources in the residential construction sector.

S Standards

M Materials

A Assigned Certifier

R Registered Builder

T Training ** NEW FEATURE**

User Manuals Online

BuildSmart.ie

Risk is defined, in the context of

identifying construction stages to

be notified to Building Control

Bodies, as the likelihood of non-

compliance with building

regulations and the potential extent

of harm to current and future users

of building and the environment associated with non-compliance.

The risk to the environment

includes the aggregate impact of

the use of buildings on climate

change.

Risk Assessment (1)CoP S.I. 9 BCAR 2014 is under review

(1) Risk rating projects

• Design

• Build

• Size

• Complexity

(2) Prioritising stages and elements per

construction stage

(3) Select construction stages to be notified

Risk Assessment (2)

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Risk Assessment (3)

• Design Team Meeting• Design Approach

• Drawings & Specifications• Overall Risk Assessment

• Specialist Works• Ancillary Certificates• Contract Terms & Definitions

incl. Dispute Resolution• Inspection Plan

• Certificate of Compliance (Design) + Schedule

Pre-Commencement

Foundations- Geotechnical Design Report (GDR)- Geotechnical Investigation Report (GIR)

Limitations

• 2 storey masonry construction.

• Lightweight roof covering.

• 10m max. roof/wall height.

• 12m max. roof span.

• 9m max. unbuttressed wall.

• 1st floor timber, 5m max. span.

• Floor to floor 2.7m max.

• Stairway opening 3 m max.

TGD A (1) TGD A (2)

• In cavity masonry walls where should vertical movement joints be located with respect to end walls, corners and window/door openings?

• Movement joints should be provided to control expansion and contraction and avoid unsightly cracking. The joints should be properly constructed to cater for the calculated degree of movement without reducing the stability and weathertightness of the wall.

• Calculating the theoretical movement of a wall is complex which is why general guidance for spacing of movement joints is usually adopted – SR 325 Guidance EC6

Masonry Movement Joints

Masonry Movement Joints

NHBCGuidance2016

TGD A (3)

Trusses are designed for normal roof, ceiling and wind loads to suit specific jobs and conditions. Additional loading such as Solar Units, Hot Water Tanks, Air Conditioning, etc. require special consideration. Advice should be sought from the truss fabricator prior to commencing construction.

Trusses are generally designed to be supported on the outer wall with inner walls being non load bearing. Where it is necessary to use internal walls for load bearing, these will be clearly shown on layouts.

Roof Truss Design

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TGD C (1)

SR21 Annex E, I.S. 888

T0 Struc - suitably graded structural unbound granular fill (hardcore) material (0/125

mm) for use at depths greater than 900 mm below the radon barrier/damp proof

membrane (DPM)

T1 Struc - structural unbound granular fill (hardcore) material is an all in graded

aggregate (0-32 mm) or gravel (0/40 mm) to facilitate placing and compactability

T2 Perm - suitably graded unbound granular fill (hardcore) material (4/40 mm) to

facilitate the free movement of gas within the hardcore layer

T3 Blind - fine aggregate (0/4 mm, GF80), for blinding the top surface of the Annex E

granular fill

200mm minimum layer of gas permeable fill where a radon sump is present

TGD C (2)

Wind Driven Rain

• Masonry Mortar Class• Cavity Width – min. residual• No. of render coats• ‘One Coat’ renders• Full fill cavity insulation

TGD C (3)

Roof Cladding ICP 2 : 2002(under review)

Headlap and Sidelap Mechanical Fixings

Roof underlays – IAB, BBA, DoP, Type 5U

TGD D (1)

Materials

“proper materials” means materials which are fit for the use for which they are intended and for the conditions in which they are to used, and includes material which:

• CE Mark• Harmonised Standard (hEN) or European Technical

Assessment (ETA) in accordance with CPR 305/2011• Irish Standard (I.S.) or Irish Agrément Certificate

(IAB) or alternative national technical specification (equivalent level of safety & suitability).

Declaration of Performance (DoP)

TGD D (2)

Design Life

The design life for a building should be qualified by additional information on future maintenance activity, based on the level of

accessibility and feasibility for replacement of parts.

BS 7543:2015

TGD D (3)

CPR 305/2011 - Steel

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TGD D (4)

Market Surveillance

TGD D (5)

ICF Initiative

Assists the Assigned Certifier in

certification phase to see the range of

products used and product certifications required (which

should accompany the certificate, if not

supplied sooner)

TGD E (1)

Testing

•Mandatory pre-completion testing by a competent person

•Tests to be performed on a representative sample of dwellings, total number dictated by the total number of units and the construction type.

•“Other” construction types require more tests, unless they are Assessed Sound Details.

E2: Reverberation Control

TGD E (2)

Set of Tests

Each “set of tests” comprises a given number airborne and, in the case of floors, impact tests.

•Houses, Bungalows: 2 no. airborne tests on walls. •Apartments, Duplexes: 2 no. airborne tests on walls, 2 no. airborne tests on floors, 2 no. impact tests on floors.

Action required in the event of a failure ?

TGD E (3)

Standard Details

The illustrations and guidance are provided to enable compliance with Part E only. It should be noted that all elements incorporated into the building works must comply with all relevant parts of the Building Regulations.

60 no. Diagrams – 5 no. WT, 3 no. FT

TGD J (1)

Heat Producing Appliances

• Metal Flue Classification - DoP

• Flue Spillage Test – solid fuel, gas, oil

• Notice Plates, User Information

• Access, Commissioning

• Carbon Monoxide alarms

• New or Replacement Appliance

• Fuel Storage – location risk

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TGD J (2)

Oil Tank

• Environmental Hazard• Fire Hazerd• Structural Support • Durability - DoP

TGD K (1)

Guarding

TGD K (2)ONE Dublin hospital has recorded 45 cases of children needing treatment after falling from upstairs windows in the period between January 2010 and September 2012.

TGD K (3)

Restrictors

Part B Fire Safety – readily openable ?DoP – declared strength

TGD K (4)

Stairs

173 mm

160 mm

Finished floor level 0.00

Structural concrete level -0.013

There is a 13mm difference in the

high of the first riser compared to

the second riser. This is due to all

the risers being manufactured the

same high. The stairs are installed

on the ground floor concrete slab.

The floor finishes are then

completed at a later date causing

a reduction in high of the first

riser equal to the depth of the

floor finishes.

Slip resistance of tiles ?

TGD L (1)

DEAP

• Certified Input Data – prov & Final BER

• Air Permeability < 5 m3/(hr.m2)

• Heat Pumps .vs. Gas/ Oil / Wood Pellet

• Specification Changes --> revised DEAP

• Competency of Installer, Commissioning

• Certification - Energy Labels (whole system)

• Certified Thermal Details & Products Schemehttp://www.bre.co.uk/certifiedthermalproducts/podpage.jsp?id=3594

ACDs 2015

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TGD M (1)

Door Threshold

Achieving the Part M requirement of a maximum of 15mm rise at the door threshold

is also dependant on the completion of the floor finishes and sequencing of work.

TGD M (2)

General

• ‘Practicable’ – what does it mean ? (x 90)

• Window Controls – limiting height ?

• Balcony Threshold – level access ?

• Light reflectance value (LRV) ?

• Disability Access Certificate (DAC)

• Compliance Statement - dwellings

(A) Online Registration

Register to use BCMS system- owners, builders, designers, inspectors + confirm contact details via email

(B) Submit: CN / 7 Day Notice • Enter Project Details

• Add Stakeholders

• Add Supporting Documents

• Make Payment

• Signature on Forms – Print, Sign, Scan or Post

Commencement Stage

• Inspection at key stages

• Checklists & templates

• Records & photographs

• Materials, DoPs, Testing

• Performance Testing

• Ancillary Certificates

• Non-compliance

• Remedial works & re-inspection

Construction Stage

George Fischer Holdings Ltd v Multi Design Consultants Ltd [1998] 61 Con LR 85.

Breach of duty under the Supervisory Contract in allowing, without comment, a variation to the roof design from which leakages became inevitable; and failing adequately to supervise the workmanship of the subcontractor.

Formation of the roof panel joints was so obviously crucial that even if the overall frequency of visits was not increased special attention should have been paid to ensuring that they fully covered this aspect.

Inspections (1)

Thus it seems to me that it is not enough for the inspecting professional religiously to carry out an inspection of the work

either before or after the fortnightly or monthly site meetings, and not otherwise.

Moreover, if inspections are confined to the fortnightly or

monthly site meetings, the contractor will know that, at all other times, his work will effectively remain safe from

inspection.

Inspections (2)

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Liberty Syndicate Management Ltd v Campagna Ltd [2011] EWHC 209 (TCC)

• If a technical auditor was not familiar with a particular type of detail, I would expect him to consult a standard reference book, such as the HomeBond manual, in order to satisfy himself that what was being done was appropriate. The evidence indicated that Campagna’s technical auditors usually carried a copy of the HomeBond manual when carrying out inspections, and this is what I would expect.

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Inspections (3)

BCA requesting 4/ 5 items (minimum)

(1)Certificate of Compliance (Completion)-signed by Assigned Certifier and Builder

(2) Schedule of Documents -completion stage

(3) Inspection Plan- as implemented, signed &

dated by Assigned Certifier

(4) As-Constructed Drawing(s) [if different from CN]

or details of how the works differs from details

submitted at CN stage (statement of variation)

Required for each dwelling

Completion Stage

BCA may request additional items

• Schedules of plans

• Calculations

• Specifications

• Ancillary Certificates

• Part L DEAP report & Final BER

to demonstrate compliance with Building Regulations

Completion Stage

Laing O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Newcastle Upon Tyne NHS Foundation Trust [2014] TCC

• The dispute concerned the lack of certification of practical completion for Phase 8, which concerned the construction of two clinical office blocks.

• The Court stated that the Independent Tester was required to determine for himself whether any alleged nonconformity had or was likely to have a materially adverse effect on the enjoyment and use of the building by the Trust in the manner contemplated by the contracts.

What is Completion ?

The issues raised by the Trust included:

1. Toilet areas were too small

2. Insufficient daylight in some offices

(as compared to the relevant British Standard)

3. Window restrictors fitted which did not comply with the

specification, as they allowed certain windows to open

more than was permitted

4. A bridge linking the office blocks to the rest of the

building contained some high level windows that were

not shown on the drawings

5. Potential overheating in some offices

What is Completion ? What is Completion ?

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DesignCertifier

AssignedCertifier

Client / Builder

What is Completion ?

UK consumer survey 2008 – 719 respondents

Quality problems

Summary (1)

Design, Workmanship, Materials

Summary (2)

Croke Park

22 Nov 2016

‘The great aim of education

is not knowledge

- but action’

Herbert Spencer, philosopher (1820 – 1903)

Summary (3)