BBA Solid Wall Insulation Competent Person Scheme Rules

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1 British Board of Agrément Bucknalls Lane Garston Watford Hertfordshire WD25 9BA Competent Person Scheme Tel: Fax: Website: BBA Solid Wall Insulation Competent Person Scheme Rules Issue 4: May 2014 Note: This document may be revised from time to time, for example to take account of improvements and amendments to test and assessment methods and material innovations. Readers are advised to contact the British Board of Agrément to check the latest edition. Tel: Fax: Issue 4: 16 May 2014 Page 1 of 11

2 Amendment Record A new Issue Number will be allocated with each revision. Issue number Description Date of issue 1 Original issue 07 November Scope of works eligible for self-certification 21 November 2013 clarified 3 Requirement for installers to inform BBA of any changes to information originally supplied at application stage 4 Addition of wording to clarify that existing assessment work can be utilised by the BBA but other CPS requirements need to be satisfied; complaints can be escalated to BBA; and, noncompliance with Building Regulations can be reported to the Local Authority. 03 February May 2014 Issue 4: 16 May 2014 Page 2 of 11

3 Contents The BBA Competent Person Scheme (CPS) Introduction... 4 Registering for the BBA Competent Person Scheme... 5 Financial Protection Requirements... 7 Fees... 7 BBA Competent Person Scheme Advisory Committee... 7 Sub-contracting... 7 Data Protection... 8 Non-compliance and sanctions... 8 Suspension or Withdrawal of Registration... 8 Appendix 1 Installer Application form (available from the BBA on request) Appendix 2 - BBA Solid Wall Insulation CPS appropriate Guarantees Appendix 3 BBA CPS Advisory Committee Issue 4: 16 May 2014 Page 3 of 11

4 The BBA Competent Person Scheme (CPS) Introduction Installers can be Registered under the BBA Solid Wall Competent Person Scheme to self-certify Internal, External and Hybrid wall insulation systems, known hereinafter as Solid Wall Insulation. This replaces the need to seek approval through Local Authority Building Control. Installers are awarded with a BBA Installer logo and installer number so their credentials can be checked on the BBA website. On-going audits are carried out by BBA inspectors to check that BBA Approved Installers are maintaining their competence to self-certify their work under the Building Regulations in England and Wales. The BBA will issue a compliance certificate to the installer s customer and advise the relevant local authority that the work has taken place and certified under the BBA CPS scheme. Registration is voluntary; installers can still use Local Authority Building Control and building inspectors if preferred. The BBA, like all Competent Person Scheme operators needs to follow certain Government rules to make sure that the work self-certified by installers complies with the relevant requirements of the Building Regulations. The BBA s scheme has been accepted by the Department for Communities and Local Government (DCLG) and the rules contained in this document reflect the conditions of authorisation. 1. The objectives of the BBA Competent Person Scheme are to: Administer the Self Certification Scheme covering the installation of external, internal and hybrid solid wall insulation in compliance with the relevant requirements of the current local Building Regulations in England and Wales. Promote the Scheme to the public, solid wall insulation installers and Registered companies. Establish and maintain procedures for the Registration of competent installing companies to the scheme. Carry out such inspections as are deemed necessary to ensure compliance with the current Building Regulations and other Scheme requirements. Retain records of installations completed under the Scheme and issue certificates of compliance to consumers. Provide details of installations to Local Authorities. 2. The BBA Solid wall Insulation Competent Person Scheme can be used by Registered installers to self-certify work in England and Wales as compliant with the relevant Building Regulations for the following work: External wall insulation, not including insulation of demountable-clad buildings, within the scope and limitations of current BBA Agrément Certificates for which the installer is approved by the Certificate holder and the BBA; Issue 4: 16 May 2014 Page 4 of 11

5 Internal wall insulation within the scope and limitations of current BBA Agrément Certificates for which the installer is approved by the Certificate holder and the BBA; Hybrid wall insulation, not including insulation of demountable-clad buildings, within the scope and limitations of current BBA Agrément Certificates for which the installer is approved by the Certificate holder and the BBA. The Registered installer must carry out the relevant assessment of suitability, design and installation checks for each installation of solid wall insulation that they selfcertify as compliant with the relevant requirements of the Building Regulations. Registering for the BBA Competent Person Scheme Registration with the BBA Competent Person Scheme (hereinafter known as The Scheme ) shall be open to any business that: Carries on the business of solid wall insulation. Has a current approval by the BBA as a solid wall insulation installer for the relevant type of work, or is subject to a separate competency assessment by the BBA in accordance with the relevant BBA scheme document. Provides suitable financial protection to the consumer that meets the scheme requirements. Maintains adequate employers and public liability insurance. Agrees to comply with all relevant laws, Statutory Regulations and Building Regulations in force. Commits to be bound by these Scheme Rules and comply with any reasonable requirements of the Scheme. Meets such other conditions as may be imposed by the BBA under the Scheme from time to time. Applications for registration must be submitted using the form in Appendix 1 and include such other information as the Scheme may require from time to time. The BBA CPS shall not unreasonably refuse any application for Registration. In the case of dispute then the application shall be referred to the BBA CPS Advisory Committee for determination. The 3 stages for registration into the Scheme are: Stage 1-Application Stage 2- Applicants will be assessed to make sure they meet the level of competence required and meet the criteria of the scheme before they are registered. If the applicant is already a BBA approved installer for solid wall insulation they will already have undergone the necessary office and site assessment but will need to provide evidence of meeting the other scheme conditions including provision of appropriate guarantees for work carried out under the scheme. Issue 4: 16 May 2014 Page 5 of 11

6 Stage 3- If the applicant meets the competency requirements and are providing an appropriate guarantee acceptable under the Scheme and meet all the Scheme requirements they will be registered with the scheme. Once registered there will be on-going inspections of their work to make sure competency standards and other scheme requirements, such as guarantee provision, are maintained once they are registered with the scheme. This is carried out as part of their existing surveillance if already an approved installer with the BBA for the relevant solid wall insulation measures. Continuing review of Registration: The BBA shall review the competence of registered installers annually and shall make such further enquiries, inspections and investigations as it deems necessary in that regard. The BBA shall have power to make ad hoc inspections of work being carried out by Registered installers at any time during normal working hours. The BBA shall have power to make detailed inspections and investigations at any site where it has reasonable cause to suspect that the work is not being or has not been carried out in accordance with the Building Regulations or technical specifications laid down by the Scheme from time to time. Obligations of Registered installers: To abide by the Rules laid down by the Scheme from time to time To maintain a current BBA approval as a solid wall insulation installer for all work being carried out under the scheme, or be subject to separate assessment to the BBA Assessment and Surveillance scheme. To carry out all work in accordance with the relevant requirements of the Building Regulations and the procedures, etc. laid down by the Scheme from time to time. Within 2 weeks (or such other time as the Scheme may lay down from time to time) of completion of each installation to confirm that it was completed according to the requirements of the relevant Building Regulations and that an appropriate Guarantee for the installation was provided to the consumer. To submit to routine inspection of installations by the BBA and to rectify any faults relating to the relevant Building Regulations identified from such inspections within a period of 2 weeks of identification. To submit to routine audit of installations and applications by the BBA and to rectify any faults relating to non-provision of information identified by such inspections within a period of 2 weeks of identification. To maintain a robust complaints handling and resolution procedure To maintain the relevant competencies laid out in the Common Minimum Technical Competency (CMTC) documents published here for solid wall insulation: Issue 4: 16 May 2014 Page 6 of 11

7 To inform the BBA immediately of any changes to the information submitted and assessed at the time of initial registration, e.g. a change of Guarantee provider. Financial Protection Requirements Under a Competent Person Scheme, the consumer must be given a certain level of financial protection should a non-compliance with the Building Regulations occur that a registered installer is unwilling, or unable to resolve. Registered installers must provide an appropriate guarantee acceptable to the BBA for all work carried out under the Scheme. Advise the occupier of the Guarantee and its features prior to commencement of the installation and provide the Guarantee document to the owner within four weeks of the date of completion of the installation. The Scheme Guarantee requirements are contained in Appendix 2. Fees A fee is charged for initial Registration and annual renewal, and also for each installation notified under the Scheme. If an installer s competency has already been assessed under the BBA PAS 2030 installer certification for the relevant types of solid wall insulation no inspection and surveillance fees are required, only registration and notification fees. Installers not already certified with the BBA and only applying for registration with the Scheme will be subject to competency assessment and surveillance charged at the then current fees in addition to the fees for registration and notification. The Scheme year runs from the 1 September. BBA Competent Person Scheme Advisory Committee Governance of the scheme is provided by a BBA Competent Person Scheme Advisory Committee, as set-out in Appendix 3. Sub-contracting Registered installers shall ensure that sub-contractors are competent to carry-out work they are subcontracted to do. Registered installers remain responsible for ensuring that work carried out under a contract is compliant with the relevant Building Regulations. Issue 4: 16 May 2014 Page 7 of 11

8 Data Protection Notwithstanding whether or not installation details are considered confidential information as defined under the Data Protection Act 1998, companies are responsible for securing client approval for; Installation details to be provided to the Scheme Operators Self-Certification information to be provided to Local Authorities. Details of installations to be provided to the BBA for the purposes of Assessment and Surveillance. Non-compliance and sanctions In the event that any routine or other inspections identifies that work completed is not in compliance with the Building Regulations or Scheme rules then the following disciplinary procedure will apply: 1. In the first instance the company involved will be subject to additional inspection at their own cost. 2. In the event of further compliance failures then the company will be required to undergo mandatory re-training. Persistent failure to comply with the requirements of the Scheme would be a breach of the Scheme Rules and may lead to suspension or withdrawal of Registration with the scheme. Suspension or Withdrawal of Registration Registration under the Scheme may be suspended or withdrawn entirely at the BBA s discretion by written notice to the installer. Without prejudice to the generality of the foregoing, examples of what would initiate such action are given below: Where a Registered installer is in breach of or fails to abide by the Scheme Rules Where a Registered installer fails to rectify a non-conformity within an agreed timescale. Where a Registered installer fails to pay their fees as they fall due. Where an installer ceases to be Registered, for whatever reason, it shall continue to be liable for all work completed under the Scheme prior to the date of it ceasing to be Registered. Referral to the Local Authority: In addition to the above sanctions, where a Registered installer is in breach of the Building Regulations and is unwilling or unable to put the work right then the BBA will inform the relevant Local Authority. Issue 4: 16 May 2014 Page 8 of 11

9 Complaints and Appeals Complaints in relation to the scheme or work carried out by Registered installers can be made using the BBA Complaints procedure as detailed on the BBA website. Appeals against decisions arising from a complaint can be made to the BBA Chief Executive using the BBA appeals procedure. Complaints made to the Registered installer regarding work carried out under the scheme can be escalated to the BBA where the complainant does not consider the complaint satisfactorily resolved. Registered installers shall make reference to this facility for appeal in their documentation to their customers. Issue 4: 16 May 2014 Page 9 of 11

10 Appendix 1 Installer Application form (available from the BBA on request) Appendix 2 - BBA Solid Wall Insulation CPS appropriate Guarantees BBA Solid Wall Insulation Competent Persons Scheme Appropriate Guarantees Introduction An installer who is registered with the BBA Solid Wall Insulation Competent Persons Scheme (the Scheme) is required to provide an appropriate 25-year guarantee to their customers covering the design, materials and workmanship of installations completed by that installer under the Scheme. The BBA will maintain a register of the installers registered with the Scheme and also of the organisations that underwrite guarantees issued by such installers. Requirements for a Guarantee under the Scheme Provision - the installer will notify the customer of the guarantee and its terms prior to commencement of the installation and will provide the guarantee document to the customer within four weeks of the date of completion of the installation. Duration the guarantee will be valid for a period of 25 years from the date upon which the installation is completed. The 25 year period relates to the anticipated working lifetime of solid wall insulation measures in terms of meeting the relevant requirements of Regulation 4 and Regulation 7 of the Building Regulations current at the date of this statement. Scope - the design, materials and workmanship of installations under the Scheme shall comply with the relevant Building Regulations current at the date of the completion of the installation. The installer will investigate within 14 days of it receiving a complaint and shall then endeavour to rectify anything that is found not to comply with the relevant requirements of the Building Regulations within two months of the identification of the non-compliance without charge to the customer (subject to any fair terms and conditions). Underwriting Guarantees Any guarantee issued under the Scheme shall be underwritten by a third party organisation such that the guarantee will be honoured if the issuer ceases to exist, or does not have sufficient funds to honour the guarantee. The organisation shall be registered with the BBA as providing an appropriate Guarantee. In the event of an authorised claim, indemnity shall be restricted to the contract value or a maximum figure specified in the Guarantee schedule of at least 20,000, whichever is the lesser, to cover the cost of rectification work and/or remedial measures. Issue 4: 16 May 2014 Page 10 of 11

11 Appendix 3 BBA CPS Advisory Committee BBA Competent Person Scheme (CPS) Advisory Committee 1. The Advisory Committee is responsible to the BBA Governing Board to oversee the overall objectives and policy direction for effective operation of the scheme, including financial viability, efficiency, and the scheme rules. In addition to act as the ultimate appeals panel in cases of grievance. Representation shall include a range of stakeholders with an interest in the effective and impartial operation of the scheme. 2. The Advisory Committee shall comprise, as a minimum, a representative from: the BBA Directors the Executive management of the BBA CPS scheme the BBA Technical Management LABC the industry sectors served by the BBA CPS Scheme; namely: an Installer of solid wall insulation a System designer/supplier of solid wall insulation Representation shall be nominated to and approved by the BBA R&A Committee 3. The Advisory Committee provides guidance and makes recommendations to the BBA on the following for the BBA CPS Scheme: Policy Governance Fees charged and financial viability of the scheme Efficiency and effectiveness of the scheme Scheme rules Appropriate guarantee specification 4. The Advisory Committee shall provide no fewer than three of their number for the Appeals sub-committee where appropriate under the BBA s complaints and appeals procedure 5. Frequency of meetings: Normally annually, or as needed. Issue 4: 16 May 2014 Page 11 of 11

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