S.I.9 CPD | Questions for Assigned Certifier

by Bregs Blog admin team


By BRegs Blog Admin Team | 4th November 2014

Questions for Assigned Certifier CPD

Further to yesterday’s post and given the recent industry spate of CPD on certifier roles under the new building regulations, we assembled from contributors the following list of 20 practical questions for attendees to ask at upcoming events. We would appreciate hearing any answers that you may receive so that we may share them.

1. Is there any update on the liability and insurance implications for employees signing certificates?

2. When an Assigned Certifier uploads a Design Certificate to the Building Control Management System (BCMS) during construction, whose Professional Indemnity Insurance covers the change i.e. the Design or Assigned Certifier?

3. If the builder puts forward design changes (value engineering) and the architect accepts it can the Assigned Certifier over-rule them and refuse to sign off?

4. If an Ancillary Certifier defaults on his contract how does the Assigned Certifier complete the Inspection Plan?

5. Are Collateral Agreements needed for all Ancillary Certifiers who have design responsibility?

6. What do you tell a client if you cannot get sub-contractors who have Professional Indemnity Insurance?

7. What level of Professional Indemnity cover does an Ancillary Certifier need?

8. If you are a nominated sub-contractor doing, say a window installation, do you have to give an ancillary design certificate for the Commencement Notice, an ancillary certificate for the design inspections and another ancillary certificate for the builder?

9. At what stage does the Assigned Certifier need to be appointed?

10. Can a delay in BCMS be used to give an Extension of Time?

11. How should I handle Liquidated & Ascertained Damages to cover a delay in validating  the Completion Certificate?

12. When will BCMS be ready to take Certificate of Compliance on Completion  documents?

13. If I am an Assigned Certifier and I realise that the Designer (Design Certifier) has certified on something that is not in compliance, what do I do?

14 What is the advice for tying in domestic sub-contractors who will have to produce Ancillary Certificates?

15. Have the stakeholders produced a standard agreed letter or opinion of exemption for small works that are exempt from BC(A)R SI.9 (as requested by Law Society)?

16. For projects commenced under the original interpretation of the 40 sq.m. exemption (non-cumulative) now underway or complete with a validated commencement notice, what is the situation regarding non-compliance particularly given recent BCMS/RIAI advice on cumulative extensions? Works now will be deemed not to be exempt from BC(A)R SI.9.

17. How are Assigned and Design Certifiers to deal with fRsi compliance requirements under Part L?

18. Should the Design Certifier be a separate appointment to the Assigned Certifier and/or Employer’s Representative?

19. Has advice been obtained from the Department of the Environment on the recently published BCMS advice on S.I.9 qualifying floor areas being assessed cumulatively with regard to multiple building extensions?

20 Has advice been sought from the Department of the Environment on the recently published RIAI advice on S.I.9 qualifying floor areas being assessed to include the area of any demolished buildings?

Answers to: bregsforum@gmail.com

Other posts of interest:

S.I.9 CPD | The Costs + Conflicts

“The Assigned Certifier is the one in the lion’s den” Rory O’Donnell, solicitor

Commencement notice problems | Does size matter?

Design Certifier | RIAI advise separate appointment

Results | S.I. 9 Assigned Certifier Survey

Legal Alert | Commencement Notices since 1st March 2014

Part L compliance – Who wants a building control service provided by cowboys?

Upcoming CPD for BC(A)R SI.9

RIAI CPD July 2014: Design Certifier in the Design Process- SI.9

Engineers Ireland CPD 10th June