Things I Struggle To Remember

Question 1

What are NZ standards?

Answer 1

AS/VM often reference standards developed by Standards NZ within MBIE. Referenced in building code clauses and therefore deemed an acceptable solution.

NZS3604 timber framing (achieves compliance with acceptable solution for B1 structure) up to a maximum of three storeys, also referenced in E2.

4121 for accessibility

4223 glazing

Question 2

How do you submit an alternative solution?

Answer 2

Must have sufficient evidence and documentation to show the performance criteria of all relevant clauses will be met.

• comparison with product previously accepted by BCA
• comparison with a determination issued by MBIE
• trade literature
• expert evidence

Question 3

Who are MBIE?

Answer 3

The building act 2004 is the governing piece of legislation over the building and construction sector and sets out the rules for construction, alterations, demolitions and maintenance of new and existing buildings in NZ.

It is overseen by the Ministry of business innovation and employment.

It is administered and enforced by territorial authorities.

Question 4

What is the building code?

Answer 4

regulation under the building act which prescribes functional requirements for buildings and the performance criteria.

Solutions to meet the performance standards of the building code:

Acceptable solutions
Examples issued by MBIE and must be accepted by BCA. Within clauses E2, B1, G1

Alternative solutions
Alternative ways to prove compliance

Verification method
Specific tests and or calculations are given to show compliance

Question 5

What are the 4 D’s of weather tightness?

Answer 5

Drainage (down face of building paper / behind cladding / exterior cladding)
Deflection (off exterior cladding)
Drying (air circulation within cavity dries out moisture absorbed by components)
Durable (components for conditions)

Question 6

What is a determination?

Answer 6

A legally binding ruling by the MBIE about matters of doubt or dispute to do with building work.

Question 7

What are H1 calculations?

Answer 7

Shows Compliance with insulation requirements in H1

Described in standard 4218 thermal insulation

Question 8

What are compliance schedules?

Answer 8

PN 9.105

List of specified systems in a building for which the owner issued a building warrant of fitness annually - IQP (independent qualified person) need to certify to the owner that all systems in the building have been well maintained.

Ie.sprinklers
Fire doors
Lifts
Mechanical ventilation / air conditioning

Issued by BCA at same time as CCC

Inspection/ maintenance/ reporting procedures identified in compliance schedule

IQP certify to owner

Owner must comply

Question 9

What is code mark?

Answer 9

Administered by MBIE

Easily understood and robust way to show building product meets requirements of building code

Question 10

What are section 112, 114 and 115 of the building act?

Answer 10

Section 112 “alterations to existing buildings” must be compliant “as far as reasonably practicable” with building code relating to escape from fire and access and facilities for persons with disabilities

Section 114 “owner must give notice of change of use, extension of life or subdivision”

Section 115 “code compliance requirements: change of use”

Question 11

Do I have to use the risk register?

Answer 11

Recent FAQ alert by NZIA outlines the reasons why this is very important.

If your practice has no other visible way of meeting it’s duties and obligations as PCBU designing the structure under the HSWA.

HSWA s.39 requires a practice to provide SID information to each person who is provided with the practices design to make them aware of any residual risks that remain and the methods required to minimise residual risks occurring.

Most effective and efficient way for a practice to meet these obligations under the HSWA is to use a register.

Must consider the H&S of those who construct, maintain, clean and repair and demolish the structure and how to mitigate risk in the SID.

Question 12

What are the producer statements?

Answer 12

PS1 design - helps council assess compliance to issue BC - ie. PS1 from structural engineer which covered their documentation and compliance with B1 and B2

PS2 design review - council accepts the professional opinion of a chartered engineer for compliance to issue a BC.

ie. we had a structural peer review and the engineer provided a PS2. This allows for quicker processing at council.

Also typically used when council does not have the in house expertise to assess compliance. Usually for SED category buildings and alternative solutions to code clauses IE. fire modelling, high rise facade review.

PS3 construction - verification from contractor to ensure the works have been built in accordance with the building code

Used as a certificate of completion of building work under schedule 6 of NZS3910 of Schedules E1/E2 of SCC

PS4 obstruction review - by chartered engineer who undertakes construction monitoring of building works.

completed according to building code and building consent where the BCA requests a PS4 prior to issue is CCC.

Question 13

What is the Consumers guarantees act 1993

Answer 13

Protect consumers so that goods and services acquired are fit for purpose and in reasonable time and cost.

Technically only applies to residential however should assume applies to all services.

Claims within “reasonable time”

Question 14

Fair trading act 1986?

Answer 14

Ensure for fair trading

Cannot contract out of

Question 15

What is the RMA?

Answer 15

Promotes the sustainable management of natural and physical resources

Question 16

What are the Assessment categories for RC?

Answer 16

Permitted activity - no RC required
Restricted discretionary - RC required and TA assesses on breached areas
Discretionary - RC required and TA assesses on all areas
Controlled - RC required but must be granted and may have conditions
Non complying - RC required with strict assessment on all areas
Prohibited - NO RC allowed. Apply for plan change.

Question 17

How do you approve off-site payments?

Answer 17

Off site payments can only be claimed and certified if goods are:

Allowed in the specific conditions
Set apart from other goods
Clearly marked in the name of the principal
Clearly marked in the name
Photo evidence is required but better to personally cite if possible
Insured under name of principal and contractor

Question 18

When is practical completion achieved?

Answer 18

When contract works is

Able to be used for their intended purpose without material inconvenience

Completed except for minor defects or omissions

Have been built generally in accordance with contract docs

Question 19

What happens at practical completion?

Answer 19

1. Transfer of insurance from contractor to principal
2. Release of bond if there is one
3. Release of retentions (in SCC contract 40% released at PC, 50% released at end of DLP after three months for building works and 10% released after a year for DLP of services)
4. Notify all defects from inspection
5. Start of defect liability period
6. Schedule E2: PS3 supplied by contractor to say contractor has carried out and completed building works in accordance with contract.
7. Information and warranties listed in specific conditions have been provided.
8. Issue of PC certificate

Question 20

What are B2 hazard classes?

Answer 20

Timber treatment spec must be appropriate for particular situation.

Done by hazard class as defined by B2

IE. H3.1 cavity battens
H3.2 external use
H5 in contact with ground
H1.2 moderate risk of dampness

Question 21

What happens if you don’t have an agreement?

Answer 21

A written agreement can prevent disputes over scope of services (and its exclusions and inclusions) and the fees to be charged if they’re not agreed in writing.

Also the extents of the architects liability is far greater under tort, in the event a negligent mistake made by the architect.
Ie. liability period is 6 years from the date the defect is discovered from act or omission for negligence and breach of duty of care. which means your liable for much longer than under CCCS or AAS (building act long stop of 10 years)

Also without it you could be subject to disciplinary action by the NZRAB. as an architect it is your ethical responsibility to have a written and signed agreement for services. This is as per 58A of the code of ethics.