S.I. 9 and the 7-day notice

by Bregs Blog admin team

advice-ahead

The following opinion piece was submitted on 12th June 2014 by Ciarán Ferrie MRIAI.

S.I. 9 and the 7-day notice

The RIAI circulated a suite of standard Ancillary Certificates of Compliance this week which have been developed and agreed by the four organisations that represent the design professionals that can act as Assigned Certifier (ACEI, EI, RIAI & SCSI). The standard certificates include specific certificates to be issued at Commencement Notice stage in the case of a 7-day notice. These are to be completed by specialists or unregistered consultants which would include Fire Safety Consultants and Disabled Access Consultants. The Certificate requires the consultant tocertify…[that the] proposed design of those elements of the works for which we are responsible…is in compliance with the requirements of the Second Schedule to the Building Regulations“.

In the case of a 7-day notice this signed certificate will be required in advance of a decision on the Fire Safety Certificate and the Disability Access Certificate. Under current regulations, the statutory responsibility for certification of compliance with Parts B (Fire) & M (Disabled Access) lies with the Building Control Authority. The wording in the Ancillary Certificate is in direct conflict with this. The Ancillary Certifier (or Design Certifier) has no authority to certify compliance with Parts B & M in advance of the Building Control Authority granting the relevant certificate.

At best this is an anomaly in the system, at worst it is a fundamental flaw in the regulations. Either way it opens up the possibility whereby the Building Control Authority refuses a certificate for a building which has already been certified by the Design Certifier and/or Ancillary Certifier. This, of course, then exposes the Certifier and potentially makes him/her liable for abortive work on the project.

It would appear that the 7-day notice is no longer possible under the new building regulations and that this hasn’t been fully considered either by those preparing the legislation or those preparing the standard documents.

In that context, I will be advising clients that I am not in a position to sign Design Certificates in the case of a 7-day notice.

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.jpeg of the 7 day notice documents referred to below:

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Other posts of interest:

Post 1: Architect’s Ancillary Cert (Design & Completion) –  click link here

Post 2: Architect’s Ancillary Cert (Inspection) – click link here

Post 3: Ancillary Completion Cert – Inspection (by others) – click link here

Post 4: Ancillary Certs Design – commencement & completion  (by others) – click link here

Post 5- Addendum to RIAI Contracts – click link here

Post 6: Draft Client Agreement (architect) – click link here

Post 7: Client & Assigned Certifier agreement (architect) – click link here

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