Saturday, 14 March 2009

When is a Designer Not A Designer?

Corbusier didn't know how lucky he was.

He had it easy.

He didn't have to contend with Regulations 11 and 18 of the CDM Regulations or how he would clean his windows.

Also there was no such far reaching definition of a "designer" or "design" as that under the CDM Regulations.

The definition of a “designer” under the CDM Regulations is:

“designer” means "any person (including a client, contractor or other person referred to in these regulations) who in the course or furtherance of a business-
(a) Prepares or modifies a design: or
(b) Arranges for or instructs any person under his control to do so,
relating to a structure or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under his control”


The definition of “design” under the CDM Regulations is:

“design” includes "drawings, design details, specification and bill of quantities (including specification of articles or substances) relating to a structure, and calculations prepared for the purpose of a design;”

The Approved Code Of Practice (ACOP), Page 2, states:

"It does not matter whether the design is recorded (for example on paper or a computer) or not (for example it is only communicated orally.")

Refer to the ACOP but NOTE VERY BENE that clause 116 (b) states that designers also include for:

(b) anyone who specifies or alters a design, or who specifies the use of particular method of work or materials, such as a design manager, quantity surveyor who insists on specific materials or a client who stipulates a particular layout for a new building."

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