The certification of static fitness is one of the most important documents in the construction industry, but its mandatory nature is not always interpreted unambiguously. In this article we want to try to understand when the certificate of static fitness is actually mandatory by analyzing several concrete cases:
Case n. 1 – works subject to building amnesty
When a building amnesty is pending for a work, the certificate of appropriateness must meet the requirements of the regulations in effect at the time the amnesty application is submitted. The earthquake-resistant standards that were in effect at the time of construction will also be explored.
As regulated by Law 47/1985, it is mandatory that the request for amnesty be accompanied by a certificate of static suitability issued by a qualified technician in two cases: if the works subject to amnesty exceed 450 cubic meters or if works have been carried out in seismic areas, regardless of volume.
For details of these requirements, please refer to Ministerial Decree 15/5/1985, which also regulates the exceptions that the technician handling the case must follow, in addition to the structural calculation regulations in force at the time of assessment. Anti-seismic regulations must also be complied with if the property is located in an area at risk, unless the area did not fall into this category at the time of construction.
All tests on the static safety of the building must be carried out, both under the effects of wind and gravitational loads, which will in any case differ depending on the age of the building.
Obviously, the amnesty may be granted on condition that the project, or adaptation, preserves the structural integrity of the property, without demolition or extension.
Case n. 2 – works subject to conformity assessment
If a work is subject to conformity assessment, the certificate must meet the requirements of both technical and earthquake-resistant standards in effect both at the time of construction and those in effect at the time of the application for amnesty. This concept is further elaborated under the name of “double compliance.”
For construction work without a permit or in nonconformity, an assessment process is initiated, including a static inspection certificate.
The assessment is carried out:
if the works comply with both technical and anti-seismic standards at the time of application, the test certificate can be issued;
if the project complies with regulations at the time of construction and the works comply at the time of application;
if the project has not been filed, it is necessary to request an amnesty and then undergo static testing.
Of course, if the works do not meet the standards at the time of application, compliance cannot be granted. You must be in possession of a static testing certificate that complies with regulations.
Conformity assessment is one of those cases where checks are particularly rigorous because maximum safety and suitability of the works must be guaranteed. Also to prepare the acceptance certificate, the technician must have been a registered engineer or architect for at least 10 years.
Case n. 3 – works subject to the original issuance of the certificate of fitness
In this case, for works requiring a certificate of occupancy, static suitability must comply with both the technical and anti-seismic standards in force at the time of construction.
In particular, new construction works or interventions on existing buildings are required to display this certification if they are buildings that have a certain impact on the health and safety of people.
There are particular periods or provisions when some buildings could be without a test certificate. In these cases, the application for habitability could involve an inspection of structural works, while being independent of other building procedures. Without a test certificate, structural safety can be documented by a certificate of static suitability.
In the case of condominiums, the request for occupancy may not concern the entire building but only part of the residential units. In this case, the Municipal Engineering Office will have to consider what type of certification to accept. In each case evaluated here, however, the willingness on the part of the public body to ascertain the safety of the construction emerges.
Case n. 4 – works intended for sports or public entertainment facilities
For this kind of work, the application for a certificate of static fitness must comply with all the regulations in force at the time of the application.
Due to the special nature of buildings designed to host sports and cultural performances that anticipate the attendance of a large number of people, static suitability and safety in general is verified by special supervisory commissions that apply the Consolidated Law on Public Safety.
When the capacity of facilities exceeds 100 units, the verifications become even more stringent, as specified by Ministerial Decree 14/01/2008.
Sports facilities should be checked, under normal conditions, at least every 10 years, verifying that the conditions that led to and issue the acceptance certificate have not changed.
We have seen in this article several cases where a certificate of structural fitness is required as one of the most important documents in construction. However, even with the different application, for all these cases, it is essential to verify the structural safety of a building, which is the minimum requirement that should be demanded from a Public Entity granting permits to construct or modify a building.
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