NSW changes Act to exclude Cladding from Professional Indemnity Contracts

The “Building Professionals Amendment (Insurance) Regulation 2019” Introduced 28.6.2019

14A Exclusion for accredited certifiers
(1) A professional indemnity contract may provide that the indemnity
provided by the contract does not apply to any claim made against the
insured in relation to:
(a) cladding that does not comply with the requirements of the
Building Code of Australia, an Australian Standard or an Act or
other law of the Commonwealth, this State or any other State or
Territory to the extent that it applies to cladding, or
(b) cladding that is used, installed or applied to a building in a
manner that does not comply with the requirements of the
Building Code of Australia, an Australian Standard or an Act or
other law of the Commonwealth, this State or any other State or
Territory to the extent that it applies to the use, installation or
application of cladding.
(2) This clause applies only in respect of a professional indemnity contract
providing indemnity for a period, not exceeding 12 months,
commencing on or before 30 June 2020.
(3) In this clause:
Australian Standard means a standard published by Standards
Australia.
cladding means cladding or a cladding system (including, but not
limited to, the panels, lining, attachment or finishes of any cladding or
cladding system), whether or not insulated or made of composite
materials, that is applied to any of a building’s external walls or to
another external area of a building.

Links: NSW_Building_Insurance_Regulations_1562047653.pdf
https://legislation.nsw.gov.au/

Industry at tipping point over PI insurance crisis

Please see below statement from Troy Olds (AIBS President) and Brett Mace (Chief Executive Officer) of the Australian Institute of Building Surveyors

“The Professional Indemnity (PI) insurance crisis we have been warning governments about for almost three years has finally hit.

Over the past two weeks, AIBS has received notifications from building surveying firms all over Australia that are facing closure or have already closed because they cannot secure workable PI insurance policies.

As a result, building and construction projects in some jurisdictions are under threat now. The entire industry nationally – including consumer protection for building owners throughout Australia – is perilously close to collapse.

Despite this, our political leaders continue to make the issue into a partisan political football. Federal Minister Karen Andrews has publicly blamed Ministers in the various jurisdictions for the crisis saying it is their responsibility to administer building regulations in their own States and Territories. At the same time, the Ministers are saying they had hoped for a national solution and they have limited powers to act. As a result, State and Territory governments are developing their own solutions to what should be a uniform national approach.

AIBS expects the political blamestorming to come to a head at next month’s meeting of the Building Ministers’ Forum (BMF).

But we are not waiting for that and have continued to advocate to all levels of government for an urgent solution. From the outset we have wanted a national solution across all jurisdictions, not the piecemeal approach we now have.”

For the full statement from Australian Institute of Building Surveyors open the following link;
Member_Statement-Industry_at_tipping_point.pdf

QFES Building Application Position Statement – Combustible Cladding

The Queensland Fire and Emergency Services have put out a position statement,

“To inform stakeholders involved in the development of Class 2 – 9 buildings of Type A or Type B construction in Queensland of the Queensland Fire and Emergency Services’ (QFES) expectations with respect to the fire safety performance of buildings affected by combustible cladding.

This position statement is intended to be a readily identifiable policy applied by QFES as a Referral Agency for the purposes of Section 22(2)(b) of the Planning Regulation 2017.”

For the full position statement please see https://www.qfes.qld.gov.au/buildingsafety/cladding/Pages/Cladding-Position-Statement.aspx

QLD Non-Conforming Building Products Audit Taskforce and Safer Buildings

Source: http://www.hpw.qld.gov.au/construction/BuildingPlumbing/Building/Pages/NonConformingBuildingProducts.aspx

Queensland building safety

Maintaining the safety of Queensland buildings involves many factors, including the adequacy of existing fire safety systems.

It is important to note that investigations by the Non-Conforming Building Products Audit Taskforce are in addition to an already strong building safety system in Queensland. Mandatory fire safety systems in commercial and accommodation buildings may include fire alarms, sprinkler systems, and evacuation requirements. Hospitals equally have comprehensive emergency safety systems and measures in place.

If issues are identified during the audit process, the Taskforce will work closely with building owners and local authorities to explore solutions.

While the risk of an incident is low, if you have concerns about a building, please contact the QBCC on 139 333.

Safer Buildings website

The Safer Buildings website has been established to help identify buildings in Queensland that may have potentially combustible cladding.

The Queensland Building and Construction Commission (QBCC) is contacting some building owners in Queensland who may be required to register and complete the combustible cladding checklist as part of the Safer Buildings website. Building owners that have not been notified must also register.

On 1 October 2018, the Building and other Legislation (Cladding) Amendment Regulation 2018 came into effect compelling building owners to complete the combustible cladding checklist to determine the type of material used on their building and whether any further assessment is required.

Technical information (PDF, 1.79MB) has been developed to provide owners of particular private buildings, building industry professionals and fire engineers with guidance on how to meet their respective obligations under the regulation to complete the combustible cladding checklist. This information supplements and extends the guidance information available on the Safer Buildings website.

For more information read the Safer Buildings for Queensland summary (PDF, 610KB) or contact the QBCC on 139 333.

What is the Audit Taskforce?

On 30 June 2017, the Queensland Government established an Audit Taskforce to conduct a targeted investigation into buildings using Aluminium Composite Panel (ACP) cladding and other possible combustible products. The Taskforce is made up of representatives from HPW, QFES and the QBCC.

The Audit Taskforce is working to identify government and privately-owned buildings of possible concern.

Work was prioritised, starting with hospitals, aged care facilities, accommodation buildings, high occupancy public and private buildings, and high-rise office buildings.

In relation to privately-owned properties, the Taskforce is supporting local governments with data to help them identify any in-scope buildings built from 1994 onwards, requiring further investigation, including:

  • health care buildings, public buildings (places of assembly), high-rise residential buildings greater than one storey or greater than 3,000m2 overall building size
  • retail facilities and office buildings greater than two storeys or greater than 3,000m2 overall building size.

Building owners may need to seek the services of an industry professional such as a fire engineer. In some cases, mitigation and remediation work may be necessary.

What are non-conforming building products?

Non-Conforming Building Products (NCBPs) can cause serious health and safety issues for Queenslanders.

NCBPs are building products and materials that are not safe, not of acceptable quality, do not meet Australian standards, or are not fit for their intended purpose.

In some cases, a product technical material may contain false or misleading statements.

This Australia-wide issue is complex, and affects industries including manufacturing, importation, retail and construction.

National program of work

All jurisdictions across Australia have undertaken audits to understand the extent of potentially combustible cladding incorporated within their respective built environments.

The national Building Ministers’ Forum (BMF) has been active in addressing the inappropriate use of potentially combustible cladding materials in Australia.

On 6 October 2017, the BMF agreed to use the available laws and powers in their respective jurisdictions to prevent the use of combustible cladding in a range of buildings depending on their classification under the building code and number of storeys.

In April 2018, the BMF reaffirmed their commitment to prevent the inappropriate use of potentially hazardous aluminium composite panel (ACP) cladding on Australian buildings. Consultation with industry will soon commence on possible options for a new system of permanent labelling for ACPs.

In addition, the BMF has made recommendations to use available laws and powers to prevent the use of ACP.

These are just some of the BMF actions contributing to the improved safety of buildings across Australia.

For more information on the BMF visit www.industry.gov.au/BMF.

Permanent Labelling System for ACP products discussion paper

The Building Ministers’ Forum (BMF) recognises the public safety concern and clear risk arising around the use of cladding that does not comply with the National Construction Code (NCC).

The Senior Officers’ Group (SOG) has consulted with industry on a discussion paper containing four possible options for a new system of permanent labelling for cladding products. Outcomes from the consultation were presented to the BMF at the last meeting on 10 August 2018. The BMF has agreed to ask Standards Australia to develop an Australian Standard for permanent labelling of aluminium composite panels to be mandated through the NCC.

Read the August 2018 BMF communique (PDF, 98KB).

Read the Permanent Labelling System for ACP products discussion paper (PDF, 257KB).

Non-Conforming Building Products Audit Taskforce Status Report

On 17 May 2018, the first Non-Conforming Building Products Audit Taskforce Status Report (PDF, 3MB) was tabled in parliament.

The report was prepared by the Independent Chair of the Taskforce, the Honourable Terry Mackenroth.

The report is the result of Taskforce investigations into the use of non-conforming combustible cladding on government and non-government (private) buildings in Queensland and combines the expertise of the Department of Housing and Public Works (HPW), Queensland Fire and Emergency Services (QFES) and the Queensland Building and Construction Commission (QBCC).

At the heart of the problem is the use of a thin layer of combustible thermoplastic material called polyethylene (PE) sandwiched between two sheets of aluminium which, when fitted externally to buildings, can contribute to fire spread.

Taskforce investigations have resulted in six recommendations to address this issue which are supported by the Queensland Government.

Read the NCBP Audit Taskforce Status Report (PDF, 3MB).

More information

Find out what else is being done to contribute to safer buildings for Queensland:

Queensland leads the way forward

Queensland is leading national work on ways to address the issue of NCBPs, whether domestically manufactured or imported.

The BMF, via its Senior Officers’ Group (SOG), has investigated the issue and endorsed a plan (PDF, 1MB) to help address the problem.

The SOG is comprised of senior officers from each state and territory as well as the Commonwealth. Queensland’s Department of Housing and Public Works is the current secretariat for the SOG and is also the Chair. The Deputy Chair is Victoria’s representative.

The BMF has asked Queensland to lead the implementation of the strategy that looks at ways to improve state and territory building regulatory frameworks.

On 24 August 2017, legislation addressing NCBPs was passed by the Queensland Parliament and commenced on 1 November 2017. This legislation was the first of its kind in Australia.

The Building and Construction Legislation (Non-conforming Building Products—Chain of Responsibility and Other Matters) Amendment Act 2017 (PDF, 628KB):

  • establishes a chain of responsibility, placing duties on building product supply chain participants (including product designers, manufacturers, importers, suppliers and installers) to ensure building products used in Queensland are safe and fit for intended purpose
  • expands the compliance and enforcement powers of the Queensland Building and Construction Commission, and the responsible Minister.

Code of Practice

To assist industry in meeting their obligations under the amended Queensland Building and Construction Commission Act 1991, HPW has prepared a Code of Practice (PDF, 132KB).

Schedule of notified government buildings with confirmed combustible external cladding

The Queensland Government has been dealing with the issue of potentially combustible cladding since the inception of the Non-Conforming Building Products Audit Taskforce in June 2017. The Princess Alexandra Hospital was the first government-owned building found to contain combustible external cladding.

The following list represents a summary of Government-owned buildings where combustible external cladding has been confirmed within the facilities’ facade.

It is important to understand that these facilities are deemed safe to occupy whilst remedial works are being undertaken.

Interim risk mitigation measures have commenced with staff and building occupants notified. The facility is subject to heightened Queensland Fire and Emergency Services (QFES) response. Where remedial works have been completed to the satisfaction of a specialist fire engineer, such facilities will be removed from the schedule of notified Government buildings.

It is the government’s priority to ensure the health, safety and wellbeing of Queensland residents and visitors where they live, work and visit.

List of buildings as at 15 October 2018

Buildings​ Asset Owner​
Princess Alexandra Hospital Queensland Health​
Logan Hospital ​ Queensland Health
Mackay Hospital Queensland Health ​

Government progress

  • 1 October 2018 – the Building and Other Legislation (Cladding) Amendment Regulation 2018 came into effect compelling building owners to complete the combustible cladding checklist on the Safer Buildings website.
  • 20 August 2018 – Safer Buildings website and combustible cladding checklist launched enabling building owners to complete a combustible cladding checklist.
  • 27 July 2018 – The Building and Other Legislation (Cladding) Amendment Regulation 2018 was announced.
  • 17 May 2018 – Non-Conforming Building Products Audit Taskforce Status Report tabled in Queensland Parliament containing six key recommendations to enhance public safety.
  • 1 November 2017 – Queensland NCBP legislation commences.
  • 24 August 2017 – Queensland Parliament passes a suite of NCBP-related legislative reforms – the most comprehensive building product safety laws in the country.
  • 30 June 2017 – Non-Conforming Building Products Audit Taskforce established in Queensland to develop a risk-based approach to deal with potentially problematic buildings.
  • 19 February 2016 – Outcomes of the SOG investigation were considered and given in-principle agreement by the BMF. The SOG released a consultation report (PDF, 1MB) to seek feedback on the best way to implement the strategies. The SOG is implementing these strategies (PDF, 845KB).
  • 31 July 2015 – BMF established the SOG (PDF, 203KB) to form a national approach to address the issue of NCBPs.

More information

For more information about NCBPs, including how to report a potential NCBP, please visit the QBCC or the Australian Building Codes Board.

To contact the SOG, please email BCQ-NCPSOG@hpw.qld.gov.au.​​​​​​​

Building Product Safety Alert : Use of ACP and EPS as external wall cladding

This Building Product Safety Alert warns building practitioners about the potential fire risks associated with the non-compliant use of Aluminium Composite Panels (ACP) and expanded polystyrene (EPS) products when used as external wall cladding and provides information on the Ministerial Guideline restricting the use of these products.

See the following linked PDF issued by the State of Victoria: https://certmark.org/downloads/Building_Product_Safeety_Alert_13.03.18_12.20pm.pdf

Fairview’s new packaging initiative for use on ACM panel types

Finding safe solutions to the non-compliant use of ACM cladding is currently a primary focus of industry regulators and businesses. Fairview keenly supports this drive, and has several updates below, which may help find effective answers to critical problems. We hope you find this informative and useful.

CertMark initiative

Fairview – in partnership with CertMart – is launching a new packaging initiative to further assist people to correctly identify and use ACM panel types. While our current panels do feature inkjet identification stencils on each panel, all Fairview ACM panels will soon feature striking new red, amber or green labels clearly reinforcing panel types and suggested usage.

CertMark CEO John Thorpe said: “This is a timely and effective initiative by CertMark and Fairview to ensure each panel has a definition of the core material and the applicable class of building the panel can be installed on”.

Fairview informs Senate Committee

Having previously (2015) briefed and met with politicians interested in the safety of ACM panels in Australia, Fairview was again able to address a Senate Inquiry on 19 July. Our CEO Andrew Gillies – supported by key technical staff – presented Senators with expert insights and information about initiatives we are pursuing to facilitate better understanding of panel technologies and safety procedures. At the hearing, Fairview supported a suggested ban on the import of ACM panels with a PE core.

State task forces

Fairview Architectural also welcomes the Victorian Government’s task force to fast-track the investigation into non-compliant cladding. Architect and former Liberal Premier Ted Baillieu and former Labor deputy premier John Thwaites will lead an audit of buildings to ensure they adhere to safety standards. We trust our new labelling initiative will support ongoing audit works.

Fairview also welcomes the formation of similar agencies in other states and territories.

Kind Regards,

ANDREW GILLIES
MANAGING DIRECTOR | M +61 4 29 034 395

FAIRVIEW ARCHITECTURAL
P +61 2 6352 2355 | F +61 2 6352 3115
E andrew.gillies@fv.com.au

CMI Advisory Note: Product Certification vs. System Certification.

certmark-int-180

CMI has recently sought advice from the ABCB regarding the referencing to test results of products that have been tested in concert with other building materials to achieve specific compliance values.

For example, a wall sheeting material that has been tested for its acoustic and insulation values in a wall assembly that incorporates the sheeting, Rockwool insulation, an air gap and plasterboard.

Such an assembly may well achieve a R value of 50 + and comply with the requirements of the Building Code. However; if the CodeMark™ application for certification is for the wall panel, as a “product”, and not for the wall panel as a “system”, then the certificate of compliance cannot reference the R values achieved by the “system”.

In the case of a “product” certification, only the values actually achieved by the “product” that forms the subject of the certification can be attested to on the certificate of compliance.

If the application is for a “system” then the “system” certification must clearly identify the components that go into making up the system. For example:

The XYZ wall system consist of the following:

Product Description
XYZ wall panel The XYZ wall panel is a 12mm fibre cement wall panel.
Top Hat The Top Hats have a nominal width of 35mm
Framing Steel framing conforming to NASH Standard/Timber Framing to AS1684
XYZ Rockwool 75mm XYZ Rockwool
XYZ plaster board 10mm XYZ plasterboard
Fasteners & Fixing Fixing of Top Hat to steel framing; 10-16x16mm Hex Head Teks screw
Fixing of XYZ wall panel panels to Top Hat from inside of buildings 14-10x65mm Hex Head Type 17 Screw
XYZ Adhesive XYZ Adhesive is used for gluing the panels together at vertical and horizontal joints.

 

It is important to note that certification of a building system requires the Certificate Holder to accept responsibility for the other components used in the system. Such components must be clearly defined in the Certificate Holders version controlled installation manual or guide. Any installation of the certified system that varies from the description on the Certificate of Conformity (CoC) will be considered to be non-compliant in line with CMI’s Terms and Conditions and the Scheme Rules.

If you require further information on the above or clarification on any other aspect of the CodeMark Scheme, please contact your CMI Client Liaison Officer.

ABRB – Issue 18 Released

The ABRB is one of the ABCB’s key mechanisms for delivering and raising awareness of technically based information directly relevant to the building and plumbing industry and the community. This electronic publication provides a means for delivering information on code-related issues that address specific technical matters, contains information on broader building and plumbing regulations, and provides for expert opinions on significant technical and regulatory topics.

The ABRB is produced three times each year and is an information service to users of the NCC.

This is the August 2016 edition.

Visit the ABCB website for the PDF Download

Bypass bridge steel found to fail tests in New Zealand

Breaking_News_LogoA article has been published by Radio NZ today that sixteen hundred tonnes of steel from China has been found to be too weak.
This steel was to be used for four bridges on the $450 million Huntly bypass that forms part of the $2 billion Waikato Expressway.

Contractors building the ‘Road of National Significance’ chose a very low bid for the steel tubes.

But the test certificates for them have turned out to be wrong, and now an expensive fix-up job is under way.

The contractors, Fulton Hogan and HEB Construction, have admitted to RNZ News the steel tubes were not good enough. They did not comply with standards for structural steel, which for bridges were very high as they must resist impacts, heavy loads and low temperatures.

It was only after a third lot of testing that the contractors found out. The first tests were done in China by the steel mill and the tube manufacturer; it is understood the second tests were done in New Zealand on samples sent here from China.

Both lots of tests said the steel met the New Zealand standard….

 

Read the full article on www.RadioNZ.co.nz