Paradigm change
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The document discusses major changes to building control and regulation in Israel, including: 1) A shift from an adversarial approach focused on investigating violations to a softer approach of instructing and guiding builders to comply with building codes. 2) Separation of spatial/planning control from design/building control and assigning them to separate entities to streamline the permitting process. 3) A change in perceptions around the permitting process, from committees providing free opinions on designs to compliance testing against predefined requirements and guidelines. 4) A renewed focus on enforcing building codes through oversight from design through completion to improve building quality and safety.
Paradigm change
- 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fixed and internalised in the field of construction regulation, which created the ‘vicious circle' that should have been replaced by smart circle, according to Seiler Report (2003).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. עפר סבר 2
- 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. עפר סבר 3
- 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 . עפר סבר 4
- 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. עפר סבר 5
- 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. עפר סבר 6
- 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. עפר סבר 7
- 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! עפר סבר 8
- 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. עפר סבר 9
- 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. עפר סבר 10
- 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. עפר סבר 11
- 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. עפר סבר 12
- 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. עפר סבר 13
- 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. עפר סבר 14
- 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. עפר סבר 15
- 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. עפר סבר 16
- 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. עפר סבר 17
- 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… עפר סבר 18