A Pathway to Helping Improve Compliance 6

ABRB Issue 18, August 2016

Contents

GM’s Introduction 5

A pathway to helping improve compliance 6

Referenced documents and the three-year amendment cycle 9

So how would it work? 9

Important Notice and Disclaimer 10

Improved WaterMark Scheme update 11

January 2017: Publish Rules 11

July 2017: Implementation 11

Other Activities: 11

New WaterMark Product Database 11

Review of Existing Plumbing Products 11

Communications, Marketing and Education Strategy 12

Review of all Product Technical Specifications 12

Climate responsive design for Northern Australia 13

What is a free-running design? 13

What is a hybrid design? 13

Compliance options 14

Consultation process 14

Advisory Note 14

Case Studies 15

Getting the drop on plumbing fixture flow rates 16

Plumbing Code of Australia (PCA) 16

Australian/New Zealand Standards 17

WaterMark Certification Scheme 17

Water Efficiency Labelling and Standards (WELS) 18

So what does it all mean? 19

Improvements to CodeMark Certificates of Conformity 20

AFAC/ABCB Firefighting Forum 23

ABCB Board member profile 25

Can you tell us about your role on the Board? 25

What do you see as some of the emerging issues for the Board? 25

Can you tell us about your professional background? 26

What advice would you give to someone wanting to have a career in this industry? 27

Part E4 – Visibility in an emergency, exit signs and warning systems 28

Clearer Intent 28

Summary of changes to NCC 2016 Volume One Part E4 29

Performance Requirement EP4.1 29

EV4.1 29

Complying with the Verification Method EV4.1 30

Demonstrating NCC compliance 31

References 31

Recognising an outstanding contribution (insert Standards Australia logo here) 32

NCC 2016 Education material – new and improved 34

So what is new in 2016? 34

What has been updated? 34

What is being developed? 34

A new occupancy certification system in the Northern Territory 36

Three Certification Levels 36

Occupancy Permit (OP) 36

Certificate of Substantial Compliance (CSC) 37

Certificate of Existence (CoE) 37

Obligations on Building Certifiers 37

Impact on HBCF and Residential Building Cover (RBC) 37

Implications for Tier 2 Areas 38

1983 - 1993 Building Work 38

Pre-1983 Building Work 38

Implementation of the Certification System 38

Further Information 39

The importance of good design, construction and maintenance 40

Wind classification for houses – Information for contractors, builders and designers. 41

Wind classification for houses – A worked example for contractors, builders and designers. 41

Replacing roofs on houses – Wind resistance information for contractors, builders and designers. 41

Wind speed at your house – Information on wind classification for home-owners. 42

Replacing roofs on houses – Wind resistance information for home-owners. 42

Reroofing houses after damage – Wind resistance information for home-owners. 42

AUBEA 2016 – radical innovation in the built environment 43

Flammable refrigerants and the NCC 45

Current situation 45

What does all this mean for buildings? 45

Changes and new skills 46

Is there a role for building regulations? 46

Next steps 46

Fire Australia + HazMat 2016 - The biggest ever 47

Fire Safety Resource Kits 48

2016 Plumbing Supply Forum 49

GM’s Introduction

Welcome to the winter edition of the ABRB which will actually be the last time that you will be seeing that title. The next time that we publish the journal it will be the ABCB Connect. So look out for that later on in the year as it will also have a new look and feel to the document.

The contents for this edition have a particular plumbing focus, both in terms of a number of very specific projects relating to the Plumbing Code of Australia (PCA) and also with the introduction of the new WaterMark Certification Scheme. Related to this is an article on the new CodeMark certificates that should be coming into circulation around September, which will see a significant improvement to the quality of those documents. This edition also has a number of education articles and I think this will be an increasing feature of future editions as we look to improve and increase the number of articles that assist practitioners in undertaking their day-to-day business.

There is also a really interesting article on a workshop that we held with building officials and the Australasian Fire and Emergency Service Authorities (AFAC), that is the fire service authorities around the country. The workshop looked to see if there are ways in which we can get agreement and cooperation to limit the intervention of fire authorities but at the same time lift their degree of confidence in the way that the building system operates in order that we can get more effective building control.

So I look forward to hearing any comments that you might have and I hope you enjoy the read.

Thank you.

Figure 1: Neil Savery

A pathway to helping improve compliance

It would not be an unreasonable assumption if anyone was to think that the sole purpose of making the NCC freely available online was about reducing the cost burden of regulation.

As important as doing this was, it is part of a much longer-term strategy endorsed by national building Ministers and the ABCB to increase access, awareness and understanding of the NCC through a series of transformational projects that include improving the useability of the NCC, further enhancing access through digitisation and increasing the use of performance based design. If successful, this will increase national productivity and improve building outcomes through higher levels of compliance.

How so?

When you boil it down it is a fairly simple strategy. Having regard to the fact that it is not the regulator of the building and plumbing sectors, the ABCB has a limited number of tools in its kit by which it can help facilitate such outcomes.

In the space of 12 months the number of people who have become registered users of the NCC has gone from approximately 12,000 to just on 100,000. Having achieved this milestone the ABCB wants to ensure that these users can better familiarise themselves with how a performance based code is designed to work, improve its useability and provide a suite of educational materials to help support their understanding.

At the same time the ABCB wants to improve the ease of access to the document, particularly for smart devices, which will include the potential reformatting of content, improved search capabilities for subject matter and more explanatory information.

What is described is a gross simplification of an ambitious range of initiatives that will take time to be developed and involve a change in mindset in some quarters, as well as building capacity in others.

It is also complemented by a number of other initiatives that the ABCB is facilitating, to improve the regulatory infrastructure, administration and practice that underpins the successful application of the NCC to buildings and plumbing installations. This is a change in approach away from being completely absorbed by making constant changes to the content of the NCC, to improving its operationalisation by all those involved in the building and plumbing control supply chains.

This could not be possible, however, without first making the NCC available online at no cost, and moving to a three year amendment cycle in 2016. These two things generated an environment in which the ABCB could change its business model to become more proactive in supporting how the code is used rather than just its development.

This leads nicely into the subject of compliance, which can be fraught and is certainly complex. So first it is important to stress again that the ABCB is not a regulator and has no powers of compliance. It nevertheless has an interest in the subject, particularly in the context of national consistency through the NCC and effective regulatory systems.

Having regard to increased labour mobility, innovation in construction, disruptive technologies and global supply chains, all of which ignore jurisdictional boundaries, the greater the level of national consistency, the greater the likelihood of compliance.

This is not an excuse for poor practice, but it is much harder to comply with a highly nuanced regulatory system that varies from state to state, which is why the NCC is estimated as having the potential, if effectively implemented, to deliver $2.2 billion per annum in national productivity benefits. This does not take account of the multiplier that can be expected to occur if there is a commensurate rise in levels of compliance.

There are other factors, beyond national consistency, that have the potential to contribute to increased levels of compliance that the ABCB is interested in exploring to the extent of its remit. Many of these other factors are canvassed by Michael Lambert in his recent review of the Building Practitioners Act in NSW, which appropriately takes a holistic assessment of the system and identifies five key areas of investment to address potential short-comings:

· governance and guidance

· improving information capture

· clarifying roles and responsibilities

· accreditation and education

· enforcement, auditing and insurance.

These groupings generally accord with reviews and reports over the years from other jurisdictions, all of which point to the importance of effective monitoring of the system in order to identify opportunities to improve aspects of the system or practices within it.

This is not to imply systemic failure, nor to single out any one part of the building and plumbing control supply chain, but rather points to the fragmented, yet highly inter-dependent nature of building. It also reveals that compliance cannot be achieved through regulation alone and involves the active participation and accountability of all key players.

For more information on the ABCB and the transformational projects underway, please visit the ABCB website.

Figure 2: Image of the Next Instalment in Building Reform brochure

Referenced documents and the three-year amendment cycle

Figure 3: Calendar image 2016-2018

‘What happens to changes to NCC referenced documents, such as Australian Standards, where they have been found to be suitable for referencing in the NCC but missed the cut off period for NCC 2016?’

2016 saw the introduction of a new edition of the NCC and with it a move from an annual to a three-yearly amendment cycle, with the next edition of the code due in 2019.

In the past the NCC was amended every six months, and later annually. Mainstream industry considered this too frequent, giving insufficient time to prepare for the impending changes and the instability brought about by constant change. In 2014 the nine Governments agreed to extend the amendment cycle to every three years to give industry appropriate lead time to find out about and prepare for the new NCC, prior to it being introduced.

In considering this matter, the ABCB resolved that, where a revised or amended document is accepted as being suitable for referencing in the NCC but is unable to be referenced for a long period of time, its availability for consideration for use as part of a Performance Solution should be promoted until NCC referencing occurs. This would apply only where referencing of the document does not require consequential changes to the NCC to facilitate its use.

So how would it work?

The majority of NCC referenced documents, such as Australian Standards, form part of the DTS Provisions. Therefore, use of a version of a document other than the one recognised in the DTS Provisions requires the use of a Performance Solution.

Remember, practitioners have choices about which path they wish to follow, but are responsible for demonstrating compliance through adequate documentation of the Assessment Methods used.

The ABCB’s Building Codes Committee has agreed that the following documents are suitable for referencing in the DTS Provisions of the 2019 edition of the NCC and are therefore available for consideration as part of a Performance Solution:

· Amendment No. 3 of AS 1288-2006 Glass in buildings – Selection and installation

· Amendment No. 1 of AS 1657-2013 Fixed platforms, walkways, stairways and ladders-Design, construction and installation

· Amendment No. 1 of AS 2047-2014 Windows and external glazed doors in buildings

· Amendment No. 2 of AS 3700-2011 Masonry structures

Once published and until referenced in the NCC, consideration may be given to the appropriateness of their use as part of a Performance Solution that meets the relevant NCC Performance Requirements.

Important Notice and Disclaimer

This information should not be taken as advice in relation to any particular circumstances. Users must exercise their own skill and care with respect to their use of this information and carefully evaluate the relevance of the information for their purposes. The ABCB and the participating Governments expressly disclaim all liability arising from or connected to the use of, or reliance on, this information other than in accordance with this Important Notice and Disclaimer. In particular, the use of this information does not guarantee acceptance or accreditation of a design, material, building or plumbing and drainage solution by any entity authorised to do so under any law; mean that a design, material, product, building or plumbing and drainage solution complies with the National Construction Code (NCC); or absolve the users from complying with any Local, State, Territory or Australian Government legal requirements.

Improved WaterMark Scheme update

Figure 4: WaterMark logo

The ABCB launched the improved WaterMark Scheme on 1 July 2016. The draft improved scheme rules and the new fee structure for cost recovery have been published with transitional arrangements for scheme participants and affected products.