Building Regulation and Controls

The key business strategies in this output class are to:

• deliver performance-based building controls that achieve the optimal balance between societal expectations, innovation and cost imposition on the building industry
• ensure adherence to building controls by the building industry through the effective operation and enforcement of the regulation by territorial authorities and building consent authorities
• monitor performance outcomes of the building and construction industry to guide improvement in the regulatory building controls regime
• provide information and guidance to the sector and consumers on how to meet the requirements of the Building Code, make informed decisions and successfully navigate the building control process throughout a building project.

Research projects commissioned on:

1. weathertightness
2. energy efficiency

Weathertightness research continues on mould identification, Douglas fir durability, and the drying and drainage characteristics of different cladding systems. Results of this research are due over the next two reporting years

Energy efficiency research included a status report on the use of renewable energy technologies, and experimental work on the effect on insulation values of drained cavities. Results are expected during the next reporting year

Ongoing

Active participation is continuing with both the Australian Building Codes Board (ABCB) and Inter-Jurisdictional Regulatory Collaboration Committee (IRCC). New Zealand is now the secretariat for the IRCC. The last IRCC meeting took place in May. Participation in the Building Code of Australia Strategic Overview Group occurred in June

The Trans-Tasman Building Regulatory Reform Council has agreed to further cooperation between the ABCB and the New Zealand regulator on research, code review and product certification

Complete eleven reviews

A total of 13 projects were completed during the year. These resulted in amendments to Compliance (formerly Approved) Documents, guidance information being produced or research reports written. These projects were in the areas of weathertightness, structure, fire and energy

The following projects were approved and published:

• Safety in Day Care Centres
• Minimum Fire Ratings
• Amended Fire Standards
• Concrete Standard amendment NZS 3109
• E2/AS1 External Moisture

F6 Lighting for Emergency and H1 Energy Efficiency work has been completed, but further consultation is required

Approve and publish the outcome of seven Approved Document review projects

Guidance document projects - four to be initiated and two will be completed in 2004/05 in the areas of:

• structure
• weathertightness

Guidance documents completed and issued were:

• International Fire Engineering Guidelines released in May 2005 six structural Practice Advisories issued in December 2004 and updated in June 2005
• Timber Treatment Requirements: Notes for Builders booklet re-issued to the industry in February 2005
• guidance for the territorial authorities on policy development for earthquake -prone buildings published in June 2005, with copies distributed to all territorial authority chief executives and building control officers
• Risk Matrix guide supporting the Acceptable Solution for External Moisture (E2/AS1) published in June 2005
• report on the use of hollowcore in Wellington has been completed and issued to the Wellington City Council as guidance information in May 2005
• 500E reinforcing steel report, associated reinforcing steel wallchart and 500E structural Practice Advisory finalised ready for printing and issued in July 2005

Ongoing

Two renewals have been processed since 1 December 2004

Nine private building certifiers voluntarily ceased trading during this period, primarily as a result of anticipating the phasing out of the building certifier regime under the Building Act 2004

Not yet complete

The scheme review was completed by the Building Industry Authority prior to its closure on 30 November 2004. It recommended a proposed new Performance Specification for building certifier insurance to the Department of Building and Housing. Consultation has been undertaken on a proposed new insurance specification

Of the two complaints in train as at 1 December 2004, one was discontinued when the certifier ceased trading, the second has progressed to enquiry (which was finalised in July 2005)

One new complaint received

Territorial authorities:

• Four new reviews and three follow-up reviews completed
• Findings reported to territorial authority CEOs

In progress

Follow-up work on the reviews has proven to be more resource-intensive than previously anticipated. This has impacted on the number of reviews progressed. A summary document has been prepared for all territorial authorities to ensure awareness of common issues and areas for development. Also, guidance material has been developed for local government building officials

Technical Reviews were completed for:

• Waitakere City Council (Preliminary Review)
• Dunedin City Council (Follow-Up Review)
• Rodney District Council (Follow-Up Review)

Private certifiers:

• Two new reviews and two follow-up reviews completed

Work continues on finalising reviews for:

• Porirua City Council
• Queenstown Lakes District Council
• Franklin District Council
• Manukau City Council
• Ruapehu District Council
• Compass Building Certifiers
• Bay Building Certifiers

Findings have been advised to the entities by way of draft reports. Final reports are all in progress with completion scheduled by the end of December 2005

Direct support was provided to Bay of Plenty territorial authorities during the clean-up after flooding in May 2005

No other private building certifier reviews were undertaken as all but one has ceased operations

Refer above, and guidance documents published to accompany Compliance Documents, which drew on information from reviews

Information stands were manned and presentations delivered at five industry conferences and events: Building Officials (BOINZ), Water and Waste, New Zealand Institute of Architects, Certified Builders, BuildNZ Expo

Work undertaken with five territorial authorities and three private building certifiers prior to following up the findings of the Technical Reviews

Guidance material completed and distributed to territorial authorities on:

• alternative solutions
• accessibility
• Producer Statements

In progress

Findings from previous reviews advised to Dunedin City Council. The key issues and concepts from all Technical Reviews were shared with other councils with the issue of a summary report in July 2005

Maintain existing Accreditation scheme

(As the current scheme is ceasing, no measures are proposed)

In progress

One product accreditation was granted during the period

Twenty-one applications were received under the 1991 scheme in the lead- up to the closure of the scheme on 31 March

Twenty-nine applications remain to be processed

Over the period 95 new determination applications were accepted and 110 Determinations issued

A 'short form' of Determination has been adopted in some cases by not engaging an independent assessor, but relying on the information supplied by the parties. This measure takes account of our knowledge of the way the respective territorial authorities have historically responded once the Determination has been issued, shortens the time taken to produce the Determination, and reduces the demands placed on the small number of suitable assessors. The measure has caused no significant adverse comment from the parties

Work continues on the implementation of systems and structures to move towards achieving the 60-day turnaround target for applications including:

• appointment of new staff for determinations function
• development of management systems to monitor the determinations process
• appointment of more assessors to help with weathertightness determinations

Regular meetings have been held with territorial authorities to help them manage issues relating to issuing code compliance certificates for buildings with monolithic cladding

During 2004/05, the Building Controls work programme was supported by the provision of the following information and education programmes

• Five issues of the Codewords newsletter were issued to 8500 industry subscribers.
• Building Control Updates (electronic communication to approximately 1800 industry stakeholders) were used to support all major announcements and Code reviews, on-sent to target of approximately 5000 stakeholders.
• Media releases were issued for important issues such the deregistration/closure of certifiers.
• Regular meetings were held with key education suppliers and partners, Standards New Zealand, BCITO and Building Research.

InfraTrain (an Industry Training Organisation) has developed the first draft of a National Diploma in Building Controls

A consultation meeting with the Building Officials (BOINZ) Education Committee was held by InfraTrain to consult on the new draft national qualification

The Department has engaged with BOINZ to identify and resolve the emerging issues

Further consultation by InfraTrain with the building controls sector is awaiting resolution of matters affecting the building officials' qualification

In addition:

• information workshops were conducted for building officials during February and March 2005 in 26 centres nationwide. These workshops were attended by around 900 building inspectors, team leaders and managers covering territorial authorities' powers and functions under the Building Act 2004
• a technical helpline was established in December 2004 for building officials who had questions about the Building Act

Completed

The reporting framework is in place and is now in the process of integrating with the wider Department's reporting framework

Completed

A process was established to obtain data from a wide number of sources. These sources include: Statistics New Zealand; external publications; a variety of building industry organisations; and internal departmental sources such as Technical Reviews and determinations

Ongoing

September 2004 quarter report released in March 2005

Industry performance trend reports were prepared for December and March quarters and publicly released in August and July 2005 respectively

A range of industry issues has been raised through the performance monitoring and quarterly reporting processes above. The significant issues recently highlighted include:

• the ongoing impact of high levels of building activity on the building sector
• variable progress on addressing building quality issues across the industry, although significant progress has been made on weathertightness matters
• the need for the territorial authorities and private building certifiers to raise their building controls quality standards in response to increased expectations from the Department and other stakeholders

Completed

The education strategy for building officials is complete. This includes development of a national qualifications framework for building officials, identification of a preferred training provider and a recognition of current competencies package

A substantial education programme to support the Building Act implementation was also drafted

Continuing Professional Development (CPD) initiatives include a Memorandum of Understanding (MOU) with BRANZ to partner at least one BRANZ seminar series per year

Developed and initiated

Work undertaken in this area was integrated into the Building Act Implementation programme as part of the former Building Industry Authority.

Communications functions from the various organisations merged into the Department have been integrated into a single communications and publications unit

The ConsumerBuild website was launched on 2 December 2004

Transferred to The Treasury from 1 July 2005

When the BIA was dissolved the Crown assumed the BIA's liabilities and is now the respondent for claims against the former BIA. The Department in turn assumed responsibility for management of this litigation on behalf of the Crown

The BIA was joined as a party in eight cases in the High Court and one case in the District Court relating to leaky buildings. Two of the High Court cases were settled by Judicial Settlement Conference and the action in the District Court against the BIA was discontinued

The BIA applied to the High Court for strike-out in one of the High Court cases and was only partially successful. The decision has been appealed to the Court of Appeal and is set down to be heard on 25-27 October 2005. No trial dates for the substantive hearings in the cases have been fixed pending the outcome of this appeal

The BIA has also been cited in 37 Weathertight Homes Resolution Service (WHRS) claims. In nine cases the BIA was struck out, one case settled without any involvement by the BIA and one claim against the BIA was discontinued

Due to the transfer of the WHRS to the Department of Building and Housing with effect from 1 July 2005, the responsibility for the weathertightness litigation transferred to The Treasury at the same date to avoid the conflict of interest that would otherwise arise