Refinements to R4Q PF Building Leaders Industry Brief 2020 Bronwyn - - PowerPoint PPT Presentation

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Refinements to R4Q PF Building Leaders Industry Brief 2020 Bronwyn - - PowerPoint PPT Presentation

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Building Products Industry Council Refinements to R4Q PF Building Leaders Industry Brief 2020 Bronwyn Weir An update of progress on the implementation of the BCR and what it means for building product suppliers and regulators charged with

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Refinements to R4Q PF

Building Products Industry Council

Building Leaders Industry Brief 2020

Bronwyn Weir An update of progress on the implementation of the BCR and what it means for building product suppliers and regulators charged with overseeing compliance

19 Feb 2020

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Overview Overview Overview Overview

  • Relevant reports

Relevant reports

  • Overview of the issues
  • Response – building products
  • Response – BCR
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SLIDE 3

The ‘package’ of reports The ‘package’ of reports The ‘package’ of reports The ‘package’ of reports

Buildi Confide (Shergold

National Reports issued Feb, May and Nov 2018

(Shergold Building product safety (Senate)

2018

rts rts rts rts

uilding nfidence gold/Weir)

Owners Corps Ongoing

gold/Weir) Building Trust & Harmony (Murray)

Ongoing maintenance Insolvency & anit- pheonixing

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SLIDE 4

Building Product Safety Building Product Safety Building Product Safety Building Product Safety

Role of Lack of testing to standards & Lack of cha Global supply chains - lack transparency Role of industry in development

  • f standards -

conflicts Lack of testing to standards & credibility of testing methods & labs cha account Mislead decep prod inform

ty ty ty ty – – – – Pain Points Pain Points Pain Points Pain Points

k of supply chain Failure at Poor chain

  • untability

leading or eceptive roduct

  • rmation

Substitution or lack of quality assurance Failure at checkpoints – designers, surveyors & builders Poor installation practices OR inappropriate use of products

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Regulatory Reponses Regulatory Reponses Regulatory Reponses Regulatory Reponses

  • Supply chain laws (Qld)
  • Duty to supply compliant and safe pro
  • Duty to provide accurate product infor
  • Duty rests with directors/boards
  • Duty of Care (NSW)

Duty of Care (NSW)

  • Strengthen the product certification
  • Improving scrutiny by designers, sur
  • Evidence of suitability requirements
  • Competency, conduct
  • Increased regulation and enforcement
  • Digital solutions, records, traceabilit

products information

tion scheme , surveyors, builders (gates)

ent

bility, quality assurance

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SLIDE 6

Context for Context for Context for Context for BCR BCR BCR BCR? ? ? ?

  • BCR – Aug 2017-Feb 2018
  • Senate inquiry into non-conforming prod
  • reports May 16, Sept 17, Nov 17, Final repo
  • ABCB tasked with reporting on compulso

2015 2015

  • New supply chain laws in Qld - Aug 2017
  • SOG tasked with reporting on compulsor

register of products and product labellin

  • NSW Building Product Safety Act – Nov 2
  • Tasmania ACP with PE ‘high risk building
  • NSW and Cth pilot program to track the

products 2015-2018

report Dec 18

ulsory product certification scheme – July 017 lsory product certification scheme, national elling – Oct 2017

  • v 2017

ding product’ - Dec 2017 the supply and installation of ACP – Dec 201

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What did the What did the What did the What did the BCR BCR BCR BCR say abo say abo say abo say abo building products? building products? building products? building products?

  • That the BMF agrees its position on t

compulsory product certification syst products…. once agreed make it a pr products…. once agreed make it a pr

  • Regulation of the building product su

product recall and/or prohibition pow

  • products. (relation to Rec 6 p 21)

about regulating about regulating about regulating about regulating

  • n the establishment of a

system for high-risk building a priority to implement (Rec 21 p 36) a priority to implement (Rec 21 p 36) ct supply chain is warranted and n powers should exist for high risk

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Post Post Post Post BCR BCR BCR BCR -

  • Cladding ‘bans’

Cladding ‘bans’ Cladding ‘bans’ Cladding ‘bans’

Jurisdiction Date Products Action Tasmania 27 Dec 17 ACP with PE core & rendered PE products (EPS) Determi be ‘high building South Aust 13 Feb 18 metal panel or lining formed with an aluminium, or similar Defined ‘designa building aluminium, or similar thin metal sheet material, with any type of core material building Victoria 15 Aug 18 Panel with >30% PE or EPS Surveyo not issu where ‘prescrib product propose

ns’ ns’ ns’ ns’

tion Buildings Comments ermined to high risk ding product’ Type A or B Must seek approval from Gov use product ined as ignated ding product’ Type A or B Must lodge a notice with coun with prescribed info about the use of the product prior to ding product’ use of the product prior to commencing work veyor must issue BP re scribed duct’ posed for use Type A or B Must get determination from BAB to allow use. Sept 18 – Minister given powe to prohibit use of high risk external wall cladding product (not yet used)

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Post Post Post Post BCR BCR BCR BCR -

  • Cladding ‘bans’

Cladding ‘bans’ Cladding ‘bans’ Cladding ‘bans’

risdiction Date Products Action SW 15 Aug 18 ACP with >30% PE Prohib estern Aust 6 Oct 18 New standard for non-combust

  • walls. Must meet DTS or if a per

proposed related to CP2 it must AS5113 but need not meet deb AS5113 but need not meet deb AS5113 provided there is a prov evacuation ueensland 18 Oct 18 ACP with >30% EPS in external wall Prohib CT & NT No ‘bans’ but have issued guidance about amen

ns’ ns’ ns’ ns’

tion Buildings Comments

  • hibit the use

Type A or B Exemption if pass AS1530.1 or AS5113 bustible external perf solution is ust meet debris test in Type A or B Can apply for an

  • exemption. Does not

apply to remedial work

  • n buildings with

debris test in provision for safe

  • n buildings with

combustible cladding

  • hibit the use

ACP – all buildings EPS – Type A or B ACP with> 30% can be retained in cladding rectification if there is an alternative solution mendments to NCC and obligation to comply

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SLIDE 10
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Commitment to impleme Commitment to impleme Commitment to impleme Commitment to impleme

Building Ministers Forum Australian Building Codes Board (17) Forum Codes Board (17)

https://www.abcb.gov.au/Initiatives/All/buildin https://www.industry.gov.au/sites/default/files/building

ementation of the ementation of the ementation of the ementation of the BCR BCR BCR BCR

ABCB IMPLEMENTATION Expert Panel (6) IMPLEMENTATION TEAM Industry Leaders Group (15)

ilding-confidence-report-implementation-team lding-ministers-forum-communique-december-2019.pdf

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BCR BCR BCR BCR Implementation Implementation Implementation Implementation prio prio prio prio

  • Amendments to NCC
  • Best practice process for development
  • Enhanced provisions relating to ‘evide
  • Development of CPD content on the
  • ‘complex buildings’
  • ‘complex buildings’
  • New technical standard for labelling
  • National code of conduct for buildin
  • National specification for the conten
  • Model provisions for roles and respo

approving performance solutions (v

  • National data-sharing framework (re

priorities priorities priorities priorities (Dec 19) (Dec 19) (Dec 19) (Dec 19)

ent of performance solutions vidence of suitability’

the NCC for a range of practitioners lling of ACP (NCC 2020) ilding surveyors (Rec 10) ntent of building manuals (Rec 20) esponsibilities for documenting and s (various recs) k (rec 12)

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New South Wales New South Wales New South Wales New South Wales

Design Building Practitioners Bill - Pa

A person who carries out construction work avoid economic loss caused by defects— (a) in or related to a building for which th (b) arising from the construction work. Duty is owed to owners and subsequent owne Duty is owed to owners and subsequent owne Construction work includes the supply and ma the Building Product Safety Act) Part 2 of Sched 1- Applies to construction wor the new provisions:

  • But not if a proceeding already commenced against any
  • loss apparent within past 6 years
  • But not if date of completion of work >10 years ago – oth

products

Part 3 - Duty of Care – section 31

  • rk has a duty to exercise reasonable care to

h the work is done, and wners of class 1, 2, 3 and 10 buildings wners of class 1, 2, 3 and 10 buildings manufacture of building products (as defined work carried out before the commencement of

any person

  • ther than in relation to supply & manufacture of building
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New South Wales New South Wales New South Wales New South Wales

  • Parliamentary Inquiry – Regulation o

quality and disputes (July 19 – interi

  • Appointment of Building Commissio
  • Professional Engineers Bill (also Parl
  • New powers to prevent issue occup
  • New powers to prevent issue occup
  • 2017 reforms to laws on certifiers to
  • Future plans - 6 pillars – legislation &
  • verhaul, procurement, digitisation,

https://www.customerservice.nsw.gov.au/abou unveiled-for-the-future-of-building-and-constru

ion of buildings standards, building nterim report Nov 19) issioner – David Chandler Parliamentary Inquiry into the Bill) cupation certificates (being developed) cupation certificates (being developed) rs to be implemented ion & regulation, risk ratings, education tion, research

bout-us/media-releases/ministerial-releases/plans struction

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Victoria Victoria Victoria Victoria

Cladding rectification funding - $600m Cladding Safety Victoria Legislative reforms – cladding related p pools Legislative reforms – cladding related p pools New State Building Surveyor appointed Inspecting sites for 10% of building per Expert panel to lead comprehensive re 00m ted powers, trades registration, swimming ted powers, trades registration, swimming inted – Andrew Cialini permits, audits of building surveyors e review of Vic building system (11 Dec)

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Queensland Queensland Queensland Queensland

  • Queensland Building Plan - 2017

https://www.hpw.qld.gov.au/__data/assets/pdf_file

  • Building Industry Fairness – security

accounts accounts

  • Reforms to Building Act - certifiers
  • Supply chain laws since 2017 – 300

https://www.qbcc.qld.gov.au/media-releases/fa focus-specialist-unit

_file/0024/4839/qldbuildingplan.pdf

rity of payment, project bank 300 complaints to NCBP unit

es/false-claims-fire-testing-reports-frequent-

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Activity at State level Activity at State level Activity at State level Activity at State level

Western Australia

  • Consultation Regulatory Impact Stat
  • Single residential buildings – private c
  • Approvals process for commercial buil
  • Registration issues (under developme
  • Registration issues (under developme

Australian Capital Territory

  • Parliamentary Inquiry into building q
  • Director liability, new regulatory pow

certifiers - Building and Construction Statements

te certification (closed Dec 19) buildings (open till April 20) ment) ment)

ing quality (2018-2020) powers, increased obligations on ction Legislation Act 2019 (Nov)

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Watch this space Watch this space Watch this space Watch this space

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Bronwyn Bronwyn Bronwyn Bronwyn Bronwyn Bronwyn Bronwyn Bronwyn

bweir@weirlegalc +61 417 1

bweir@weirlc.com

wyn Weir wyn Weir wyn Weir wyn Weir wyn Weir wyn Weir wyn Weir wyn Weir

galconsulting.com 17 105 640