BUILDING CONTROL (AMENDMENT) REGULATIONS SI … · BUILDING CONTROL (AMENDMENT) REGULATIONS SI 9 of 2014 ... nominated specialists and also by the Contractor, Domestic Sub-contractors,

Tender Documentation_Small Works_Edition 1_ October 2014

BUILDING CONTROL (AMENDMENT) REGULATIONS SI 9 of 2014

RIAI INFORMATION NOTES FOR THE PREPARATION

OF TENDER DOCUMENTATION – FOR SMALL WORKS Edition 1

Importance Information Notice:

The purpose of this document is to give information to RIAI Members when preparing tender

documentation under the Building Control (Amendment) Regulations 2014.

As all projects vary in their brief, content, size and complexity it is not possible to provide complete

tender information that will cover all building projects for the Contractor to price in the tender

documentation, when using the RIAI forms of building contracts.

It is envisaged that the information contained in this document will be amended from time to time. It is

also envisaged that the document can be amended by the RIAI Member, using their professional

judgement, to suit any building project, and to form part of the preliminaries/ works requirement at the

tender stage.

1. CONTRACTOR REQUIREMENTS FOR COMPLIANCE WITH BUILDING CONTROL REGULATIONS 1997-2014

2. Building Regulations

BC(A)R INFORMATION NOTES AND CONTRACT PRELIMINARIES TO BE CONSIDERED TO BE INCLUDED IN THE CONTRACT TENDER DOCUMENTS TO BE USED USING PROFESSIONAL JUDGEMENT FOR INCLUSION INTO THE MAIN CONTRACT TENDER DOCUMENTATION

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This project is one to which article 9(1) (b) of the Building Control Regulations 1997 (as amended) applies. The contractor shall comply with the Building Control Regulations 1997 - 2014 and with the Code of Practice for Inspecting and Certifying Buildings and Works issued by the Department of environment, Community and Local Government 2014. The Contractor is the "builder" for the purposes of these regulations (as per the RIAI building contracts) and shall undertake their duties in accordance with the regulations. Under the regulations the contractor's appointment is formally notified to the Building Control Authority. The contractor is required to sign an Undertaking by Builder, to comply with its terms and to sign a Certificate of Completion for submission to the Building Control Authority in order that the works can be entered on the Register. The building cannot be occupied or used until so registered

3. Commencement Notice The employer shall sign and submit a Commencement Notice which shall include inter alia: Design Certificate Notice of Assignment of Builder Undertaking by Builder Notice of Assignment of Assigned Certifier Undertaking by Assigned Certifier

4. Assigned Certifier The employer shall appoint a person (the Assigned Certifier) to inspect and co-ordinate the inspection of others during construction and to certify with the Contractor the building or works on completion. The Assigned Certifier, where not the architect, shall not issue instructions to the contractor.

5. Undertaking by Builder Under the Regulations the employer shall submit to the Building Control Authority a Notice of Assignment of the Contractor. The Contractor shall accept this assignment and shall sign the "Undertaking by Builder" and shall comply with it in every respect.

6. Inspection Plan and Inspection Notification Framework (INF) A Preliminary Inspection Plan (Appendix B) has been prepared for the project. The Contractor is required to comply with the Inspection Plan and an Inspection Notification Framework, the cost of which is to be included in Contractors’ tenders, to be agreed between the parties prior to the signing of the contract.

7. Definition of the "Works" The Works shall be defined as per Appendix A.

8. Practical Completion Clause 31 is hereby amended by replacement of the second paragraph by::

"Practical Completion" means that the Works have been carried to such a stage that they can be taken over and used by the Employer for their intended purpose and that any items of work or supply then outstanding or any defects then patent are of a trivial nature only and are such that their completion or rectification does not interfere with or


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interrupt such use. Where the building regulations require that a completion certificate be included on the Statutory Register before the building can be opened, occupied or used, Practical Completion shall not deemed to take place until the Certificate of Compliance on Completion has been submitted to the building control authority and relevant particulars thereof have been included on the Register maintained under Part IV of the Regulations.

9. Compliance Certificates

The Building Regulations require that certificates be provided:

STATUTORY DESIGN CERTIFICATE - This shall be provided by the Designer at Commencement Notice stage.

NON-STATUTORY ANCILLARY CERTIFICATE DESIGN - These are to be provided by each other Design Team members, nominated specialists and also by the Contractor, Domestic Sub-contractors, Domestic sub- sub-contractors and Suppliers where they have undertaken design as part of the works.

NON-STATUTORY ANCILLARY CERTIFICATE INSPECTION - These are to be provided by each other Design Team members, nominated specialists and also by the Contractor, Domestic Sub-contractors, Domestic sub- sub-contractors and Suppliers where they have undertaken inspections as part of the works.

NON-STATUTORY ANCILLARY CERTIFICATE COMPLETION - These are to be provided by each other Design Team members, nominated specialists and also by the Contractor, Domestic Sub-contractors, Domestic sub- sub-contractors and Suppliers where completion is part of the their works.

CERTIFICATE OF COMPLIANCE ON COMPLETION.- Part A by the Contractor and Part B by the Assigned Certifier

10. Contractor's duties.

Accept the assignment to build and supervise the works in accordance with the Building Regulations, and sign the Undertaking of Builder.

Comply with the Inspection Plan and agreed Inspection Notification Framework and any reasonable amendment during the course of the works.

Give notice for any inspection as set out in the Inspection Notification Framework.

The Contractor shall be responsible for all delays and cost as a result of late inspection notification or inspections which have to be repeated where works are not fully ready for inspection or unsatisfactory.

Afford the Assigned Certifier the same facilities as for the Clerk of Works under clause 12 of the RIAI form of building contract (yellow and blue).

Undertake the works in accordance with the documents lodged with the Commencement Notice and with all other documents and instructions issued by the design team.

Ensure that the workmanship and materials and all design by the contractor


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or his sub-contractors/suppliers comply with the Building Regulations. ensure that the workmanship complies with the requirements of the Building Regulations,

Ensure that there are at all times, on the site, sufficiently suitably qualified, experienced and competent staff to supervise all work carried out under the contract, and ensure that site management are familiar with the Building Regulations and that operatives are familiar with Building Regulations relevant to their work.

Provide the Assigned Certifier (either directly or via the architect as directed) with such documents as reasonably may be required by them such as:

Ancillary Certificates of Compliance (Design, Inspection and Completion) by

Sub-contractors, Specialists and Sub-sub-contractors as listed at;

As printed in Appendix C and by any such Contractors not yet

appointed.

Test Certificates

Technical documents/ product manuals.

Clarifications

Confirmations of insurance and /or qualifications of specialist

Provide confirmation of provenance of materials and goods to be used on site

Where requested within 10 working days of a payment claim date the Contractor shall provide an Ancillary Certificate or test result for works for which payment is requested.

Between 4-6 weeks in advance of a nominated completion date, provide all

completed or prospective documentation and confirmations for which the Contractor

is responsible for, to the Assigned Certifier through the Architect as Contract

Administrator, to enable the Certificate of Compliance on Completion to be

registered with the Building Control Authority in accordance with clause 20F(8) of SI

9 of 2014.

Sign the Certificate of Compliance Part A on completion.

Provide a full set of records at the completion of the job, including safety file and as-built drawings.

11. Interim and Final Certificates for Payment.

Interim & Final Certificate for Payments shall be issued in accordance with the

conditions of the building contract. In advance of each interim payment, the Contractor

should provide the following confirmations and/or documentation to the Architect

relevant to that stage of the construction.

12. Delays and/or Additional Expense.

No claims for delay and/or additional expense will be entertained under the contract

due to:


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delays by the contractor in notifying all inspections identified in the Inspection

Notification Framework,

delays in completing contractor’s inspections,

delays caused by re-inspections, or delays in providing Ancillary Completion

Certificates, Declarations of Performance,records & back-up documentation as

set out this document.

The Contractor to use best endeavours to minimise any delays in carrying out the

scheduled Ancillary Certifier or Building Inspections

13. Employer's duties:

The Employer is responsible for ensuring that the building or works complies with Building Regulations and has appointed a competent Design Team, competent Assigned Certifier and competent Contractor.

The employer shall:

Ensure that a Fire Safety Certificate and Disability Access Certificate are obtained if and when required.

Sign the commencement notice (7 day notice), where appropriate.

Sign and submit a notice of assignment of Assigned Certifier and Contractor.

Ensure that adequate resources and competent persons are in place to design, construct, inspect and certify the works.

14. Assigned Certifier's Role:

Provide and sign the Form of Undertaking at Commencement and Certificate of Compliance on Completion, Part B.

Co-ordinate the Ancillary Certification of design team and others for the Certificate of Compliance on Completion.

Identify all designers and specialists (including specialist sub-contractors, suppliers) from whom certificates are required for the design and completion of the works. Co-ordinate and collate all Certificates in conjunction with the Contractor.

Prepare the Preliminary Inspection Plan and oversee adherence to it. On completion provide the Inspection Plan as implemented to the Building Control Authority.

on termination or relinquishment make available to the Employer all certification prepared and inspection reports carried out.

act as the single point of contact with the Building Control Authority during construction.

seek advice from the Building Control Authority in respect of compliance matters relating to the building or works where disputes or differences of opinion arise between the parties to the project

Maintain records of inspection.


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The Assigned Certifier shall not be responsible for the supervision of the works and shall not issue instructions to the contractor.


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Appendix A:

Definition of the Works

The parties further agree that the words “the Works” in this contract shall the have meanings

already given to those words in this Agreement as they applied to those words on the 28th

February 2014 and in addition, these meanings are deemed to be broadened to include

requirements arising by operation of law, to include the provisions and requirements of the

Building Control Acts 1991 – 2007, Regulations arising and in particular those arising from

S.I. 9 of 2014.

For the avoidance of doubt, the following performance requirements are deemed to be

included within the meanings set out above;

- preparatory works, services and activities in anticipation of the Works on site; - Contractor’s design; Certification and written Opinion documentation arising as a

requirement of the Scope of Works, Specification, drawings, etc.. - The provision of documentation to the appropriate persons or bodies stated in the Scope

of Works requirements / specification (or the appropriate person or bodies if not expressly stated),

- The timely provision of training in use of life safety systems and other systems as required the Scope of Works requirements / specification and/or by law.

Initialed by the signatories for the parties to the Contract.

Employer: __________________________ Date: Contractor: __________________________ Date:


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Appendix B:

Preliminary Inspection Plan


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Appendix C

Ancillary certificates to be provided by the contractor, sub-contractor, specialist suppliers, sub-sub contractors etc.

Ancillary Certificate of Compliance on Completion

Building Control Authority

Certificate signed by Sub Contractor/ Specialist Contractor Assigned by the Builder/ Main Contractor on Completion

____________ Building Control Authority: __________________ Unique Identifier: ___________

1 . N a m e o f B u i l d e r / M a i n C o n t r a c t o r

___________________________________________________________________________

2 . N a m e o f S u b - C o n t r a c t o r / S p e c i a l i s t C o n t r a c t o r

___________________________________________________________________________

3. Description of the Sub-Contractor/ Specialist Contractor buildings or works:

__________________________________________________________________________

4. This certificate relates to the buildings or works as described above to include the design necessary for the completion of the Sub-Contractor’s element of the works as detailed in the attached Annex.

5. I confirm that I am the Sub-Contractor/Specialist Contractor assigned by the

Builder/Main Contractor to construct, supervise and certify the building or works outlined at 3 above.

6. I certify, having exercised reasonable skill, care and diligence, that the building or works

outlined at 3 above as completed have been constructed in accordance with the plans, specifications, calculations, ancillary certificates and particulars as issued to me relevant to the above building or works at 3 above, and such other documents relevant to compliance with the requirements of the Second Schedule to the Building Regulations as shall be retained by me as outlined in the Code of Practice for Inspecting and Certifying Buildings and Works.

7. Reliant on the foregoing, I certify that the works are in compliance with the

requirements of the Second Schedule to the Building Regulations insofar as they apply to the building or works concerned.


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Signature: ______________________________ Date:____________________________

(to be signed by a Principal or Director of the Sub Cont ractor/ Spec ia l ist Contractor )

Name: ___________________________________________________________________________

Address:

___________________________________________________________________________

___________________________________________________________________________

Tel: ________________________________ Fax: __________________________________

Email: ________________________________

Construction Industry Register Ireland Registration No. ____________________

ANNEX Table of Drawings, Calculations, Specifications, Ancillary Certificates and

Particulars used for the purpose of construction and demonstrating

compliance with the requirements of the Second Schedule to the Building

Regulations.

(Details of relevant p l a n s etc. may be listed below and attached hereto)

1. Drawings, Calculations, Specifications and particulars provided by the Builder/Main Contractor.

SCHEDULE

2. Associated design undertaken by Sub-contractor/ Specialist Contractor

necessary for completion of the works in accordance with the Building

Regulations.

SCHEDULE


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Certificate for Sub Sub Contractor to Sub Contractor

Ancillary Certificate of Compliance on Completion

Building Control Authority

Certificate signed by Ancillary Sub-Contractor / Ancillary Specialist Contractor Assigned by a Sub-Contractor to the Builder/ Main Contractor on Completion

Building Control Authority: __________________ Unique Identifier: ___________

1 . N a m e o f S u b C o n t r a c t o r / S p e c i a l i s t C o n t r a c t o r

________________________________________________________________

2 . N a m e o f A n c i l l a r y S u b C o n t r a c t o r / A n c i l l a r y S p e c i a l i s t

C o n t r a c t o r

_____________________________________________________________________

3. Description of the Ancillary Sub Contractor/ Ancillary Specialist Contractor’s buildings or works:

____________________________________________________________________

4. This certificate relates to the buildings or works as described above to include the design necessary for completion of the Ancillary Sub-Contractors element of the works as detailed in the attached Annex.

5. I confirm that I am the Ancillary Sub-Contractor/Ancillary Specialist Contractor assigned by the Sub Contractor/ Specialist Contractor to construct, supervise and certify the buildings or works outlined at 3 above.

6. I certify, having exercised reasonable skill, care and diligence, that the building or

works outlined at 3 above as completed have been constructed in accordance with the plans, specifications, calculations, ancillary certificates and particulars as issued to me relevant to the above building or works at 3 above, and such other documents relevant to compliance with the requirements of the Second Schedule to the Building Regulations as shall be retained by me as outlined in the Code of Practice for Inspecting and Certifying Buildings and Works.

7. Reliant on the foregoing, I certify that the works are in compliance with the

requirements of the Second Schedule to the Building Regulations insofar as they apply to the building or works concerned.

Signature: ____________________________ Date: _______________________________

(to be signed by a Principal or Director of the Anc i l lary Sub Contractor / Anc i l la ry Sp ec i a l ist Contractor ) Name: ____________________________________________________________

Address:___________________________________________________________

__________________________________________________________________

Tel: ____________________________ Fax: ____________________________

Email: ____________________________


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Construction Industry Register Ireland Registration No.:_____________________

ANNEX

Table of Drawings, Calculations, Specifications, Ancillary Certificates and

Particulars used for the purpose of construction and demonstrating

compliance with the requirements of the Second Schedule to the Building

Regulations.

(Details of relevant p l a n s etc. may be listed below and attached hereto)

1. Drawings, Calculations, Specifications and particulars provided by the Sub-Contractor/Specialist Contractor.

SCHEDULE

2. Associated design undertaken by the Ancillary Sub-contractor/ Ancillary

Specialist Contractor necessary for completion of the works in accordance

with the Building Regulations.

SCHEDULE

Documents

BUILDING CONTROL (AMENDMENT) REGULATIONS SI … · BUILDING CONTROL (AMENDMENT) REGULATIONS SI 9 of 2014 ... nominated specialists and also by the Contractor, Domestic Sub-contractors,