Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
6/18/2019
1
© 2019 RICS© 2018 RICS
Building Regulations Update
John Miles BSc(hons) MRICS
RICS Building Control Professional Group and Technical & Business Development Manager – Assent Building Control
© 2019 RICS
1. Overview of the Building Regulations
2. Recent Changes
3. Hackitt Review
4. Future
5. Questions
Building Regulations Update 2019
6/18/2019
2
© 2019 RICS© 2018 RICS
Overview of the Building Regulations
The structure and state of our regulations.
© 2019 RICS
• Health and Safety of people in and around buildings
• Conservation of fuel and power
• Access to buildings
Waste, undue consumption, misuse or contamination of water
Protection or enhancement of the environment
Facilitating sustainable development
Furthering the prevention or detection of crime
Purpose of the Building Regulations
6/18/2019
3
© 2019 RICS
• Enforced by Building Control Bodies – LA’s and AI’s and approved bodies (e.g. Gas Safe / FENSA / NICEIC)
• Devolved from Government – i.e. no formal inspection regime and no formal reporting mechanism
• Unlike Planning – works on Compliance not Plan approval
• Regulations are principles – supported by guidance (AD’s / BS)
• Does not constrict design or innovations
• Competition has improved standards?
The Application of Building Control
The system that governs our developments
© 2019 RICS
Building Regulations 2010Building Act 1984
Approved DocumentsODPM and others
NHBCTRADA
Codes of PracticeBritish Standards
Euro codesTechnical Information
Specialist GuidesHTM's
Building BulletinsCrown Fire Standards
Compliance with Regulation
Hierarchy of Guidance
6/18/2019
4
© 2019 RICS
Part A (2013) Minor updates, wind maps, disproportionate collapse
Part B (2013) Under review following the Grenfell Fire
Part C (2013) RADON maps update & further contaminated land guidance
Part D (2010) No significant changes since 1992
Part E (2015) Schools update – BB 93
Part F (2010) Increase in ventilation to compensate for air tightness / testing
Part G (2015) Changes to water efficiency / planning
Part H (2015) Changes to solid waste storage
Approved Documents
© 2019 RICS
Part J (2013) Concealed flues, tank bunding, CO2 detection
Part K (2013) Amalgamation of AD N and consistency with AD M
Part L (2013) Raising standards over 2010 targets (Review to take place)
Part M (2015) Changing placed requirement coming for public buildings.
Part N (1998) Manifestation, Marking of safety glass
Part P (2013) Reduction in notifiable work, 3rd party certification
Part Q (2015) New Requirement – Security
Part R (2017) New Requirement – Physical Infrastructure for High-Speed Electronic Communications Networks
6/18/2019
5
© 2019 RICS
Approved Documents
• An essential and well used resource
• 90% of designers will use the Approved Documents to demonstrate compliance
• AD B is the most used
• 83% use online PDF copies
• Professionals involved in standard buildings are the largest group of AD users
• 50% of designers think they must adhere to the Approved Documents
• More users want prescriptive guidance
• Users want clearer diagrams and pictures, and simpler language
• Suitable for the present but not for a digital future?
© 2019 RICS
Approved Documents
6/18/2019
6
© 2019 RICS© 2018 RICS
Hackitt Review
Catalyst for change
© 2019 RICS© 2019 RICS
Hackitt Areas of Concern (Interim Report)
• Roles and responsibilities not clear
• Compliance, enforcement and sanctions too weak
• Inadequate competency in key areas
• Complexity of Regulations and guidance
• Residents have no voice in safety
• System of product testing, marketing and
QA is not clear
6/18/2019
7
© 2019 RICS© 2019 RICS
Hackitt Areas of Concern (Final)
• New regulatory framework• Roles and responsibilities• Compliance• Enforcement
• Clearer Regulation and Guidance
• Industry Competence
• Communication• Residents voice• Golden thread
• Procurement and supply• Testing• Marketing
© 2019 RICS© 2019 RICS
DO NOT WAIT FOR GOVERNMENT! IT’S YOUR INDUSTRY
Big Hackitt Message
6/18/2019
8
© 2019 RICS© 2018 RICS
Roles and Responsibilities
Compliance
Enforcement
© 2019 RICS© 2019 RICS
CDM type approach
Compliance - Dutyholders
• Client
• Principal Designer
• Principal Contractor
• Fire Safety Manager
Enforcement
• JCA
• Safety Case
6/18/2019
9
© 2019 RICS© 2019 RICS
Safety Case
• Hackitt – “What is built is not what was designed”
• Value engineering – “Neither value nor engineering”
• Safety case vs now• What, who, how?• Formal role as co-ordinator of compliance issues• Change management and notification• Approval to start, approval to occupy• Statement of conformity
• Enforcement intervention – JRG with Early adopters
© 2019 RICS© 2018 RICS
Clearer Regulation and Guidance
Regulation
Guidance
6/18/2019
10
© 2019 RICS
Regulation 7 (2)• Materials which become part of external walls or specified attachment of relevant
buildings shall be at least A2 s1 d0
Regulation 7 (3) – Exemptions• Cavity trays in masonry walls, doors - windows & frames, electrical installations,
insulation below GL, membranes, etc.
“Relevant Buildings”• Storey over 18m• Dwellings or Institution• Rooms for Residential Purposes (except hotels, hostels, Boarding Houses)
Enabling Regulations• Interpretation – “external wall”, “specified attachment” ( balcony, brise soleil, solar
panel)• Regulation 4 and regulation 5/6 requirements
New Regulatory Requirements - Dec 2018
© 2019 RICS© 2019 RICS
Consultation on amendment to Part B
• Call for evidence recently carried out
• RICS responded
• Further discussion/consultation
• RICS/RIBA/CIOB joint stance on sprinkler provision
6/18/2019
11
© 2019 RICS© 2019 RICS
Sprinklers - Joint RICS, RIBA, CIOB Statement
We support the installation of sprinklers in all new & converted residential buildings, hotels, hospitals, student accommodation, schools and care home buildings 11m or above in height, and retrofitting to existing buildings when refurbishment occurs as ‘consequential improvements’ where a building is subject to 'material alterations’. We also support the installation of AFSS including sprinklers below this height on a case by case basis of risk.
© 2019 RICS
Property protection – Community assets
Fundamental review of baseline assumptions• Fire severity• Modern uses of buildings• Stay put or total/phased evacuation
Active/passive cocktail
Discrepancies/ contradictions in sector guidance
Other important pointers
6/18/2019
12
© 2019 RICS
“Desktop Assessments”
Suspended pending review
Support for the concept but need to be controlled
MUST be drawn from actual test data and stay within realistic parameters
Assessments in Lieu of Testing
© 2019 RICS© 2018 RICS
Industry Competence
Accreditation
Competence
6/18/2019
13
© 2019 RICS
1 – Engineers
2 – Installers
3 – Fire Engineers
4 – Fire Risk Assessors
5 – Fire Safety Enforcement Officers
6 – Building Control / Standards Inspectors
8 – Building Safety Managers (Building Safety Coordinators
7 – Architects / Building Designers (Building Designers))
9 – Site Supervisors
10 – Project Managers
11 – Procurement
12 - Products
Competency Working Groups
WG0 – Overarching Competence Body
© 2019 RICS© 2019 RICS
Likely Competency Matrixes
• Number of levels general technical competency (4?)
• Ethical competencies
• Ethical statement
• Focused on HRRB at first but applicable to all buildings
• Mechanism for control still up in the air
6/18/2019
14
© 2019 RICS© 2018 RICS
Communication The Golden Thread
Regulation 38
© 2019 RICS© 2019 RICS
What is Regulation 38?
Changes to Fire Safety responsibility in 2005 - Regulatory Reform (Fire Safety) Order
Onus was placed on the ‘responsible person’ to:
“make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.”
Complementary change was made to Building Regulations – Regulation 38 – Fire Safety Information
6/18/2019
15
© 2019 RICS© 2019 RICS
What does it say?
Regulation 38 says:
“the person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier”.
© 2019 RICS© 2019 RICS
What is going wrong?
• No requirement to submit copy of info to Building Control - Only confirmation that it has been delivered
• CDM Safety File and traditional O and Ms are NOT Regulation 38 information
• Who is Responsible person at completion?
6/18/2019
16
© 2019 RICS© 2019 RICS
What is needed?
• Purpose – Give end user sufficient information to allow them to complete a Fire Risk Assessment of the building
• A simple test – is it sufficient to allow such an assessment to be undertaken
• Consultants are now offering Regulation 38 services
© 2019 RICS© 2018 RICS
Procurement and supply
Testing Relevance
Marketing Accuracy
6/18/2019
17
© 2019 RICS© 2019 RICS
Existence/Relevance of Test Data
• Realisation that fire testing is benchmark
• BS Fire Curve vs ‘Reality’
• 30 min fire door in 1hr wall
• Cladding on masonry then used on steel frame
• BS8414 test as test for B4?
© 2019 RICS© 2019 RICS
Marketing
• “Our products are suitable”
• ACM, A2 ACM, FR ACM
• Many changes being made
6/18/2019
18
© 2019 RICS© 2019 RICS
BS 8414, BRE 135 / BS9414
© 2019 RICS© 2018 RICS
Government Next Steps
What are the government proposing
6/18/2019
19
© 2019 RICS© 2019 RICS
Government Proposal
Government consulting on their proposals for implementation.
Goes beyond Hackitt and applies to building that are:
• lived in by multiple households; and
• 18 metres high (6 storeys) or more.
© 2019 RICS© 2019 RICS
A New Dutyholder Regime
For the new building safety regime to work, Government propose to introduce dutyholders who will be responsible for making sure buildings are safe. The dutyholder will have responsibility at different stage of the building life including:
• Part A – duties when a building is being designed and built• Part B – duties when people are living in the building• Part C – duties that run throughout the building’s life cycle
6/18/2019
20
© 2019 RICS© 2019 RICS
Residents at the heart of a new regulatory system
Proposals will give residents a stronger voice and allow them tohold those responsible for the safety of their buildings toaccount. Residents will be empowered by having better accessto information about their building and have more of a say overdecisions made about the fire and structural safety of theirbuilding.
© 2019 RICS© 2019 RICS
Enforcement, compliance and sanctions
The Independent Review of Building Regulations and Fire Safety found that those responsible for the safety of buildings are not discouraged enough from failing to comply with their responsibilities as they are not often held to account by the current regulators.
Proposals to:
• Create new criminal offences to make sure that those responsible comply with their responsibilities;
• Give the new regulator the power to take quick and effective action, through monetary penalties such as fines, when the requirements of the new regime have not been met.