building control

1. בקרת מבנים בישראל – שינוי פרדיגמה
Building Control in Israel –
A Paradigm Change
קורס בקרי תכן
Opher E. Sever עופר סבר
10 ביוני 2014
לכתבה בעברית

2. The Change
The inherent change of the ‘Pergolas Reform’ is not merely a legal change, but a fundamental
change of perception. This change requires internalisation, understanding, assimilation,
guidance, implementation, and enforcement, as it concerns changes of actions, tools,
competencies and processes of construction and regulation.
> What is changing?
Everything - the re-structuring of local committees (powers, interfaces, roles)
technological changes (online job, viewer) qualitative changes (methods,
professional standards, methodology, building control, qualifications) regulation
processes (procedures, tasks, schedules and interfaces) and overall change of
attitudes, positions, expectations, perceptions and behaviors of all concerns.
Over the years, norms of action and norms of behavior became fixed and internalised in the
field of construction regulation, which created the ‘vicious circle' that should have been
replaced by smart circle, according to Seiler Report (2003). Some perhaps derived from
legislation but most of them simply came out of common practice and has been fixed on so
tightly as if they have existed since ancient times.
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3. The state of affairs
It would be hard to describe the future state, without the wheeler-dealers,
without failures chasing 'experts', without the intervention of politicians in
favor of their supporters during committee discussions rather focusing on
regulatory and professional action, acting with integrity to the public good.
A Short tour overseas shows such routine exists in all Western Europe countries.
Our ability to imagine a different reality, different from what we are used to for
many years, even if it is in front of our very eyes, is an important challenge here.
Adversarial approach leads to unnecessary confrontation and built-in
inefficiency. In this approach, the applicant and his representative the
architect are always suspected of fraud and theft of building rights, even on
technical issues. Hence Authority personnel tend to work as investigators. But
in fact, building code contraventions, are manly out of lack of knowledge or
misunderstanding or failure - the inability to implement the provision or the
provision itself is not applicable. Not necessarily out of malice or criminal
negligence.
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4. The state of affairs
Adversarial approach to apply control over design, may impose fear upon the
editors but will not promote the application nor the standard of construction.
Softer approach will be implemented in BCB’s, designed to work with planners and
contractors and instruct them to work according the building code.
Hence the objective has changed: - where the control is busy investigating suspects
of building code violations, it instructs and guide all parties to comply with the
code. (as they are willing to listen). The circle construction regulation so far, lacked
readiness to work alongside with the builder and to comply willingly with building
code representatives (and improve buildings quality)
The accepted norm so far has been that a citizen wishing to build must endure for
at least a year to receive a document called a ‘building permit ‘ and then he is free
to build as he pleases, provided that he won’t be caught. Reducing suffering
(suffering became too routine in Israel) and preventing the ongoing battle with
officials, is an act of great grace and very welcomed .
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5. The state of affairs
For years the concept maintained, that whoever holds legal building permit ,
his building will be strong, stable, safe and maintains the peace. Only those
who do not check the building design and/or construction planning can ever
assume such presumption.
Building design does not stop at legal permit stage . The more detailed
design, which is essential to technical and safety control structure and
compliance with the building code. Hence, permits regulation can not be the
only or even the main way to maintain public peace.
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6. The state of affairs - prerogatives
Certain Authorities, acting on behalf of the central government received historical
powers to establish a policy and to set design provisions and test individual
applications for permits under their natural, historical authority and their monopoly
on knowledge. Sometimes in the absence of general guidelines, specific
requirements were set when the application was checked. This opens the doorway to
selective policy. Compliance checks and setting buildings provisions are two different
actions by nature.
Policy and design requirements should be made after a public hearing, by the
regulator itself, but compliance checking is an action of technical predefined range.
Where its discretion is very limited and must not be conducted by policymakers.
Hence BCB checks compliance with provisions and certified authorities establish
general policies and guidelines to authorized professional surveyors.
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7. Building Control
The concept of a single surveyor checking all, like a GP, challenged not only the
privileges of experts, but also of Certified Authorities, they saw themselves over the
years to presume that their approval is necessary (even if it not lawful).
It required a lot of effort to convince those authorities, who found it difficult to believe
that they are losing their overall powers, which they received presumably, at Mount
Sinai.
Thus, instead of an endless trips after the decision of the planning committee the
Spatial resolution signed by two people only will be conditioned on BCB approval &
payments only. Infrastructure entities and authorities, who were in power to actually
cancel construction by various requirements as conditions, are now required only by
coordination during design and works and to provide accurate and reliable
infrastructure data in advance.
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8. The state of affairs - externals
Foreign influences played a roll in the past at the licensing process and created a
tight regime of capital bonds. Requests were referred for hearing by full committee
and the aura of political backing to specific requests, was evident by all.
All this can be avoided if there is a clear separation between the public another
body that determines policy and professional body, than the examines plans and
body for enforcement w/ officer powers.
Currently, there is no structural or legal separation, but there is a clear distinction
between the committee and Local Permit Authority (LPA) and it is important to
maintain the independence of the professionals (LPA and BCB) from political
interference. The essential change lies in the concept that Permits are not subject
to public discussion!
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9. תכן מרחבי
BCB
LPA
New Process
New principle introduced in the reform is the separation between planning and
building and the distinction between spatial control design control, hence directing
their regulation to two different entities, operating in a one integrated process : one
request and one permit.
In practice this is not necessarily a big change since the design control was not done at
all and no separation was needed. There are areas of spatial control that are also very
professional domains (traffic and parking, agronomy, housing welfare, rubbish (waste),
etc.
Precise definition of design & spatial areas and maintaining boundaries are essential
to building regulation process efficiency. If spatial aspects of control will be imposed
on the BCB it will create a never ending loop process of spatial checks requires many
repairs until deadline is reached and application finally rejected.
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10. New Process
The bldg. permit process has undergone also a change of perception. In the past, the
designer was required to present the entire planned project (Garmoska and
simulations), to get a free opinion of the Committee Engineer for the quality of
project and guidelines for further planning and design changes in accordance
to his/hers complete satisfaction.
Now the examination of design has become compliance test, rather then a free
judgment. The burden has been moved to the information stage, on which the
designer should get all provisions - integrated spatial guidelines, infrastructure data and
design requirements. If one has them, there is a close certainty (at least theoretical)
whether application will be approved and one will be able to get a building permit. In
summary, both the spatial & design and control are in nature of technical compliance
check, and all the documents filed as required in advance.
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11. New Process
A norm of violating the building code took root mainly because it was not enforced.
Traditionally engineers design by standards, architects according to statutory plans
and there was complete indifference to what is written in the second schedule of
regulations, as if it was foreign legislation. Subjects fell within without clear
definitions and regulation, just were not treated. On the other hand, it has been
proven that the old regulation system was not applicable and a new comprehensive
structured building code is required.
The activity of BCB’s , should reach out building code and apply it in Israeli
construction reality. As fatal failures proved the need for regulatory oversight
according to norms is essential to most buildings from design stage till completion.
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12. Building Regulation
An important novelty is the objective
outlined: previously the integrity of
documents (Garmoska, appendices) has been
checked rigorously, as one own goal . Today
we see this only as means in intermediate
stage on the way to determine the integrity of
the building itself.
If by building control, we’ve added a regulation that did not actually exist (although
in theory the Local Engineer is required to ensure compliance to the Second
Schedule by Regulation 15), where minor construction is concerned, in which the
spatial implications are minor and risks are fewer there are exemption by
regulation. This process of partial de-regulation sees a person as an responsible
citizen who does not need constant ‘private observation’ by higher authority for
such minor works. Given that disputes (such as trespassing, damage etc.) can be
solved in Civil Court.
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13. Building Regulation
The reform allows the control deployment over time, by the
natural design phases of the building, which are determined
according professional practice. This layout is done in order to
allow control from the early design stages through completion
of the building. Control sequence is that essential to ensure
the basic control goal, that is, building safety.
Regulatory sequence from relatively early stage, allowing, in
collaboration with the designer and the builder, to get
preventive regulation (by preemptive measures) proved highly
effective in the treatment failures. Builder is given an
opportunity to prevent errors( and failures) before execution.
So that building control is a kind of safety net, for the designer
and builder.
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14. Building Control
The concept of building control was so strange and unheard of in Israel, placed in
direct opposition to any convention and received with great astonishment among
local experts. as the common practice in large infrastructure bodies , was to divide
control to independent areas, each specialist received & audit only a document
relevant to this area and examined it independently in great detail by the narrow
field of expertise.
The problem is that no one checked the building as a whole and that the building
(as the goal of control) is one object that can not be divided and usually individual
opinions who do not integrate. Experience has shown that quality control that is
not integral when made by a different experts is not feasible in a national scale and
not required in 'normal' buildings (low complexity). According the British
experience it has been proven that one charted surveyor can deal with all core
areas when consultation with specialists is provided (for certain specific and
necessary areas) This BC can be made very effectively and in a good professional
level.
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15. Building Control
Hence it became necessary to create new a profession, unknown in Israel.
Building surveyor is a man of integrity and professionalism in all main areas of
building . One, that can be trusted to determine compliance to building code.
Control professionals are within interdisciplinary engineering field, specializing
in assessment methods, review and analysis, and is characterized by broad
areas of knowledge. Since people here doubted the possibility of the existence
of such a person, we had to import from London human surveyors and
network with international RICS for training.
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16. Building Control
New design requirements also changed the building code. We used to have detailed
descriptive provisions. (such as corridor width) Now code requirements are gradually
going according to performance (performance based), (storey offset in earthquake).
The change of code character from descriptions / prescriptions to functional based
or performance requirements, also changed the control method from details to
compliance of building itself.
A simple descriptive requirement, limited by scope, can be checked
unequivocally certain, beyond reasonable doubt, and in advance. On the other hand
the functional requirements of a more complex structure requires an appropriate
sample, professional evaluations and risk assessment. You can not check every screw
in the building and can not perform all possible tests on the sample set.
Therefore the diagnosis of building performance by risk management should be
performed professionally according predefined risk assessment scenarios and by
assessing implications by probability of any discrepancy. Control product, while not
deterministic as initially expected, is the best professional assessment available.
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17. Knowing the Truth
Ambiguity in the construction industry has a well known reputation. Control was
performed on the building's shadow figure. Things buried in the building will never
been known. Up to now we have seen only the visible part of the iceberg floating on
the surface, but professional control reveals the hidden part by reviewing design
documents, during the execution phase.
The truth will be revealed by the BCB. If in permit stage, after the local authority
checked a picture of the building, during the execution phase and the commencement
of work, BC looks into the building itself by direct examination based on truthful real
plans that will creates authentic real control.
Anxieties aroused even among honest builders. But probably we
all have to face the truth someday. The English experience
showed us relations based on truth can create trust between
BCB & the builder, as long as each one stick to his role.
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18. Summary
So what did we have? Actually - we have changed almost everything, by the
development of operations, processes and tools required to implement the building
reform. Including improvements of competencies and introduction more computing
technologies. The total change is not merely changing the licensing and control
processes but also conceptual change requires behavior change, changing values and
quality improvement.
The process of change includes internalisation of all involved i.e. the duty to meet the
design requirements, acceptance of responsibility of each within his field, and
recognizing the importance of quality design and workmanship in the building. Who
ever used to be skeptical can understand now how it works (well) in Europe and even
seeing the reality in front of him. But those who suffer day by day the tedious permit
process, have to believe it would work as well here.
Thank you…
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