Funny Friday | Open Letter to Minister Kelly

by Bregs Blog admin team

Lester Naughton

 Lester Naughton MRIAI

The BRegs Blog received the following open letter to the recently appointed Minister for the Environment, Alan Kelly T.D. from a Galway based architect. We have titled it ‘Funny Friday’ even though the issue is very serious. At this stage with S.I. 9 we all need a bit of a laugh or we will all end up crying. In his letter Naughton calls on the Minister to complete an attached Ancillary Certificate to be used by those acting as Design and Assigned Certifiers!

Dear Minister,

I write to you as I am appointed to act as the Assigned Certifier and Design Certifier for the first time under the Building Control Regulations as amended through S.I. No. 9 of 2014. I have identified you as a person holding significant responsibilities for the production and monitoring of both, building standards, building products, and information on their use. You also have a responsibility for appropriate enforcement of standards through building control site inspections. As a Certifier I have an overall responsibility and am asked to certify an entire building works. In this I rely in part on your role. For example you are in overall control of setting standards and targets for the frequency and standards of building control inspections and in monitoring that these targets are met.

In deciding what is reasonable skill, care and diligence in the execution of my role I according rely on you and all the people and companies involved on your behalf excising reasonable skill care and diligence.

Accordingly I attach a Certificate and I am requesting you to sign this certificate personally and return it for inclusion in my project files. You will note that the certificate covers work undertaken by others but that you are the person certifying although you may have regard to ancillary certificates that you in turn receive from others for those items that you specifically ask certification for.

I am sure that you will have no issue with the attached certificate as it is modeled on the certificates that the legislation deems are appropriate and reasonable for me to sign as Design Certifier and Assigned Certifier. I ask for the signed certificate to be returned at your earliest convenience so that I can satisfy my statutory obligations.

Yours Sincerely

Lester Naughton B.Arch MRIAI

Certificate to be signed by the Minister for the Environment, Community and Local Government.

  1. This certificate has been prepared in accordance with the Code of Practice for Inspecting and Certifying Buildings and Works [as published by the Minister under section 3(7) of the Building Control Act 1990] or equivalent.
  2. This certificate relates to the following duties:
  • The production of, building regulations, technical guidance documents, building standards, Agrement certificates, Building product certification, and national annexes to European certification and standards.
  • The monitoring of the quality of building products for sale and distribution including manufacturer information on product use.
  • The administration of building control activities including appropriate construction site inspections.
  1. I confirm that I am the Minister for the Environment Community and Local Government assigned with overall responsibility for the above duties.
  1. Ancillary certificates and particulars as deemed appropriate by myself have been provided by others I have identified as having partial responsibilities for the duties above and are scheduled herewith.
  1. Based on the above, and relying on the ancillary certificates scheduled, I now certify, having exercised reasonable skill, care and diligence, that all documents, guidance and building products available in the Republic of Ireland are in compliance with the requirements of the Second Schedule to the Building Regulations, insofar as they apply to the building or works concerned.
  1. I further certify that appropriate levels of building control inspection are carried out nationally.
  1. For the purposes of this certificate the building or works concerned is all works carried out in the Republic of Ireland during my time as Minister.

Signature: __________________.Date: ________________