Functional requirements and core competences

4 Functional requirements and core competences COMMENTARY ON CLAUSE 4 The primary aim of the BSB is to improve compliance with the building regulations so that buildings are safer for their users. Except in the simplest projects, the process of compliance, which is significantly affected by the design work, requires a broad range of inputs from many design disciplines using in-depth knowledge, skills, and experience of many kinds and from many professionals in the field of the design and architecture. It is unlikely that a single individual has this range or depth of competence. This is reflected in the duties placed on Principal Designers: the APICD does not require that Principal Designers have the full range and detailed technical knowledge, skills, and experience to understand how every design input can comply as part of an integrated whole. Instead, the APICD requires that Principal Designers plan, manage, monitor, and coordinate the design work. The fulfilment of Principal Designers’ duty to plan, manage, monitor, and coordinate is supported by designers’ duty to be competent to comply with building regulations to the extent required by their domain-specific competence (e.g. as architects, engineers, plumbers, or specialist consultants). It is not sufficient, however, for carrying out the Principal Designer role to be a box-ticking exercise to record designers’ claims of compliance. Individuals in the new Principal Designer role should have the competence to facilitate and orchestrate the design work, and to interrogate design inputs in a way that holds designers to account and achieves regulatory compliance. In overseeing the integration and finalisation of the design work, and liaising with the Principal Contractor, Principal Designers should be competent to analyse and evaluate building safety risks, and act on the resulting conclusions. They should also have an extensive grounding in the relevant technical and legal framework and systems of information management, and the competence to address any project-specific gaps in their own understanding. While this suggests that Principal Designers should have whole-building competence and control of the design work, there are likely to be instances where it is reasonable for other types of designer to undertake the role. The requirements of this PAS are therefore framed to include all kinds of designers regardless of their prior learning, qualifications, and sector- or discipline-specific skills, knowledge, and experience. (See Annex B1). To fulfil the duties under the APICD and the draft Building (Higher-risk Buildings) (England) Regulations, the Principal Designers will need to have a high level of personal integrity and responsibility, and to be able to communicate openly and effectively, which is why appropriate behaviour features as a functional requirement, and why the associated core competences are equivalent to those required by professional codes of conduct. The functional requirements and their related core competences in this PAS are separated into categories for ease of communication and to facilitate competence assessment. In practice, however, the separate categories overlap to a considerable extent and so are expected to be applied evenly and concurrently. The Principal Designer shall demonstrate competence by applying the functional requirements set out in 4.1- 4.8 concurrently in the performance of their duties and in carrying out the role of Principal Designer or managing the function of Principal Designer. 4.1 1 Legal framework and compliance The Principal Designer shall have the competence to oversee the design work during the design phase so that, if built as designed, the building work to which design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences relating to the legal framework and compliance at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. NOTE In accordance with Bloom’s Taxonomy, the threshold level of understanding required in each of the core competences is set by the choice of verb. In Bloom’s Taxonomy, there are six levels of understanding in the cognitive domain. From lowest to highest, they are remembering; understanding; applying; analysing; evaluating; and creating. 4.1.1 Core competences relating to the legal framework and compliance for all buildings The Principal Designer shall: a) demonstrate knowledge about the general regulatory framework and legislation relevant to producing design work sufficient to coordinate ways to comply with relevant building regulations; b) demonstrate knowledge about relevant legislation to produce design work that, if built as designed, the building work to which the design work relates would comply with relevant building regulations; c) explain and, where they relate to the Principal Designer’s role, use the prescribed procedures introduced under the BSB for all projects, including HRBs; NOTE It is possible for projects that start off as non-HRBs to becomes HRBs and so it is important for all Principal Designers to understand the prescribed procedures for HRBs d) explain the requirements related to HRB design work so that, if built as designed, the HRB building work to which the design work relates would comply with relevant building regulations; e) demonstrate understanding of own duties, and explain other dutyholders’ duties and competence requirements; f) demonstrate knowledge about relevant legislation sufficient to coordinate the production of information relevant to the planning, managing, and monitoring building work to comply with relevant building regulations; g) demonstrate knowledge about relevant legislation sufficient to oversee the production of information relevant to the coordination of design work and building work to comply with relevant building regulations; and g) demonstrate knowledge about relevant legislation sufficient to coordinate the production of prescribed information for the golden thread of information in relation to HRBs. 4.1.2 Additional core competences for legal framework and compliance with the building regulations for HRBs The Principal Designer shall: 1) analyse legislation related to HRB design work so that, if built as designed, the HRB building work to which the design work relates would meet the applicable legal requirements comply with relevant building regulations; and 2) analyse relevant legislation sufficient to coordinate the production of information relevant to the planning, managing, and monitoring of building work to comply with relevant building regulations. 4.2 Design, coordination and integration The Principal Designer shall have the competence to plan, manage, monitor and coordinate the design work and analyse and evaluate its integration during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant regulations. The Principal Designer shall have the core competences for design, coordination and integration at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.2.1 Core competences for the design, coordination and integration for all buildings The Principal Designer shall: a) plan, manage, and monitor design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations; b) plan, manage and monitor design work to coordinate the production of technical design inputs and agreed stage outputs during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations;; c) demonstrate understanding of the principles of building design (including the design of structures, fabric and services) sufficient to hold designers to account in the performance of their duties; d) assess the potential for unforeseen building safety risks to compliance to emerge when separately designed packages of design work are integrated; e) analyse technical design inputs and their integration into the design work to establish the likelihood that, if built as designed, the building work to which the integrated design work relates would comply with relevant building regulations; and NOTE 1 Principal Designers should pay attention to all considerations, including the effect of changes on interdependent design features or strategies, and systems of quality assurance for works, services, products and materials, and their limitations. f) evaluate the design work’s likelihood of compliance if built as designed, communicate results to relevant dutyholders, and coordinate corrective design work. NOTE 2 There are no additional core competences for design, coordination and integration for HRBs. 4.3 Design risk management The Principal Designer shall have the competence to analyse, monitor, manage building safety risks, and make decisions based on building safety risks during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for design risk management at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.3.1 Core competences for design risk management for all buildings The Principal Designer shall: a) use the general principles of risk analysis and risk management sufficient to coordinate the identification, monitoring, and avoidance, elimination, mitigation, acceptance and control of building safety risks to compliance in the coordination and production of the design work; b) demonstrate understanding about the common hazards in existing buildings and that arise in design and building work, including those physical and systemic hazards that threaten fire safety, structural safety, and public health, sufficient to hold designers to account in the performance of their duties; c) assess the severity of potential impacts from hazards to coordinate design work that eliminates, avoids, reduces, mitigates, controls or accepts building safety risks in ways that comply with relevant building regulations; d) evaluate the potential for new building safety risks to emerge during the design phase and for the assessed severity of potential impacts of all building safety risks to change during the design phase; e) evaluate building safety risks and orchestrate proportionate responses from the design team during the design phase; and f) demonstrate understanding of the scope of relevant insurances and the limitations of relevant warranties to monitor their effect on building safety risks, and orchestrate proportionate responses from the design team and other dutyholders if building safety risks change during the design phase. 4.3.2 Additional core competences for design risk management for HRBs The Principal Designer shall evaluate building safety risks in connection with the regulated system of mandatory occurrence reporting sufficient to report events related to structural safety or fire safety in HRBs if they are assessed as posing a significant risk to life. 4.4 Design project management The Principal Designer shall have the competence to project manage the production of the design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for design project management at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.4.1 Core competences for design project management for all buildings The Principal Designer shall: a) analyse the project management processes involved in the coordination and production of design work sufficient to comply with relevant building regulations at the same time as meeting project objectives; b) evaluate the factors that affect the management of the project during the design phase, including the effect of change; and NOTE The factors include: 1) the Client brief and project objectives, including key performance indicators; 2) the chosen procurement route and its effect on the order and progression of the design work; 3) contractual relationships between members of the design team; 4) the regulated duties and functions of members of the project team, including the Client, designers, the Principal Contractor, Contractors, Accountable Person, and Building Safety Manager, and their reciprocal arrangements for cooperating and sharing information relevant to compliance with the building regulations; 5) the limits of the design team’s competence; 6) the assignment of responsibilities in the design team; 7) the available human resources in the design team; 8) the accessibility, currency and accuracy of information about the design work, including audit trails tracking changes; 9) the available project budget; 10) the agreed production programme; 11) the analysis and management of building safety risks; and 12) the effect of insurances. c) demonstrate understanding of the factors that affect design management to plan, manage, monitor and coordinate the design work during the design phase. 4.4.2 Additional core competences for design project management for HRBs The Principal Designer shall: 1. demonstrate understanding of dutyholders’ and Building Safety Managers’ duties, functions, activities, tasks and procedures associated with design work so that, if built as designed, the HRB building work to which the design work relates would comply with relevant building regulations; 2. analyse design progress to identify and report controlled and notifiable changes; 3. create and maintain golden thread information, key building information, the design and build approach document, the fire and emergency file, a partial completion strategy, and the planning statement; and 4. create schedules of own appointees’ responsibilities in the construction control plan. 4.5 Design team facilitation and orchestration The Principal Designer shall have the competence to orchestrate design team coordination and facilitate the production of the design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for design team facilitation and orchestration at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.5.1 Core competences for design team facilitation and orchestration for all buildings The Principal Designer shall: a) demonstrate understanding of designers’ duties and limits of competence sufficient to assign responsibilities and monitor performance against agreed objectives to produce the design work; b) demonstrate understanding of designers’ duties and limits of competence sufficient to orchestrate the design team coordination and facilitate the production of the design work; c) demonstrate understanding of the factors that motivate design team performance sufficient to comply with relevant building regulations at the same time as meeting agreed project objectives; and d) analyse designers’ limits of competence sufficient to hold them to account for meeting agreed objectives and to identify when additional competence is needed. 4.5.2 Additional core competences for design team facilitation and orchestration for HRBs The Principal Designer shall explain mandatory occurrence reporting procedures to design team members. 4.6 Information management, including the golden thread of information The Principal Designer shall have competence to use information management systems to support the planning, management, monitoring, and coordination of design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations, and so that sufficient information about the design work can be handed over to clients, Principal Contractors and replacement Principal Designers to allow them to fulfil the Client’s, Principal Contractor’s or replacement Principal Designer’s duties. The Principal Designer shall have the core competences for information management at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.6.1 core competences for information management for all buildings The Principal Designer shall: a) use the principles of information management and related systems to coordinate the production of the design work during the design phase and to allow required information to be handed over to clients, Principal Contractors, and replacement Principal Designers; b) demonstrate knowledge about information management systems to plan, manage, and monitor design work and coordinate the design team’s outputs by maintaining relevant information; and c) analyse the principles of information management and related systems sufficient to coordinate the maintenance and communication of information relevant to the planning, managing and monitoring of building work and to allow required information to be handed over to clients, Principal Contractors, Accountable Persons, and replacement Principal Designers. 4.6.2 Additional core competences for information management for HRBs The Principal Designer shall analyse information management systems on projects involving an HRB sufficient to establish and maintain: • the golden thread of information, including the production, monitoring and communication of prescribed information; and • the mandatory occurrence reporting system. 4.7 Communication and cooperation The Principal Designer shall have the competence to communicate and cooperate in overseeing the production of the design work and in carrying out own duties during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for communication and cooperation at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.7.1 Core competences for communication and cooperation for all buildings The Principal Designer shall: a) use the principles of communication and cooperation sufficient to effectively plan, manage, monitor and coordinate the production of the design work; b) devise and implement strategies for leading the design team to comply with their duties and to cooperate with other dutyholders; c) demonstrate knowledge of communication and cooperation in performing own duty to assist the Client in providing information to designers and contractors; d) demonstrate knowledge of communication and cooperation in performing own duty to liaise with the Principal Contractor and share with the Principal Contractor information relevant to the planning, management and monitoring of the building work and the coordination of design work and building work for the purpose of producing building work that complies with relevant building regulations; e) demonstrate knowledge of communication and cooperation in performing own duty to have regard to comments by the Principal Contractor about complying with relevant building regulations; f) demonstrate knowledge of communication and cooperation in performing own duty concerning relationships with other dutyholders for the purpose of producing building work that complies with relevant building regulations; and g) appraise the need to ask for assistance from appropriately competent persons when the Principal Designer’s role is beyond own skills, knowledge or experience. 4.7.2 Additional core competences for communication and cooperation for HRBs The Principal Designer shall demonstrate understanding of the procedures for notifying the Building Safety Regulator, and applying for completion certificates. 4.8 Appropriate behaviour The Principal Designer shall have the competence to behave appropriately, including by demonstrating a commitment to a strong safety culture and the personal responsibility never to take on duties beyond own competence during the design phase. The Principal Designer shall meet the core competences to demonstrate appropriate behaviour at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.8.1 Core competences to demonstrate appropriate behaviour for all buildings The Principal Designer shall: a) demonstrate behaviour in accordance with the core behaviours set out in BSI Flex 8670 or any code of professional conduct aligned to BSI Flex 8670; b) analyse project-specific requirements and projects’ specific risk profiles and evaluate own competence to undertake the role or manage the functions of Principal Designer before own appointment; c) analyse the amount of support likely to be needed from within own organization and/or from third-party persons to fulfil the duties of Principal Designer for specific projects and use the information to decide whether own competence is sufficient to undertake the role or manage the function of Principal Designer before own appointment; d) analyse the limits of own competence to turn down appointments to be Principal Designer if own competence, even with delegated support, is on the balance of risk insufficient for the needs of a specific project; e) monitor and evaluate project needs and building safety risks to identify gaps in own competence, and act to fill gaps after own appointment; f) monitor and evaluate changing project needs and building safety risks to determine the likelihood that design work will comply with relevant building regulations, and refuse to carry out work if the design work cannot comply with relevant building regulations, after own appointment; g) evaluate understanding of core behaviours to: 1) ask for help; 2) cooperate with other dutyholders; 3) demonstrate having regard for Principal Contractor’s comments related to complying with relevant building regulations; 4) encourage design team members to comply with their own duties and cooperate with other dutyholders; and 5) lead the team, establish a strong safety culture, and inspire teamwork; and h) evaluate understanding of how to manage, maintain and develop own competence to undertake the role or manage the duties of Principal Designer, including through formal and/or experiential learning, and/or by adhering to the terms and conditions of ongoing Principal Designer competence certification of any awarding body, certification body or register aligned to this PAS. 4.8.2 Additional core competences to demonstrate appropriate behaviour for HRBs The Principal Designer shall: 1) evaluate project-specific requirements and projects’ specific risk profiles, and own competence to undertake the role or manage the functions of Principal Designer, before own appointment; 2) assess the amount of support likely to be needed from within own organization and/or from third-party persons to fulfil duties of Principal Designer for a specific project and use the information to decide whether own competence is sufficient to undertake the role or manage the function of PD before own appointment; and 3) judge the limit of own competence in order to turn down appointments to be Principal Designer if own competence, even with delegated support, is on the balance of risk insufficient for the needs of a specific project.