Building Regulation News Update

Transcription

1 Department of Justice BUILDING STANDARDS AND OCCUPATIONAL LICENSING PO Box 56, Rosny Park, Tasmania, 7018 Phone (Inside Tasmania) (03) (Outside Tasmania) Fax (03) Web Building Regulation News Update No. 2/2014 ( ) 1. Building Regulations change on 4 June Online CPD - National Construction Code (NCC) training courses 3. Reminder on Condensation Prevention in Tasmanian Buildings Building Amendment Regulations 2014 Building practitioners and stakeholders are advised of important amendments to the Building Regulations 2004 that will commence on 4 June These new amendments will be incorporated into the Building Regulations 2004 as one consolidated document. Legislation can be accessed from the Tasmanian Government Law website: Main features of the Building Regulation amendments: 1. Regulation 3 (Interpretation) amended: Building in Bushfire-Prone Areas Amendment of the definitions of: Bushfire hazard management plan Bushfire-prone area Bushfire-prone vegetation Fire hydrant were required to give effect to decisions agreed by a bushfire implementation group. The definition of bushfire-prone vegetation now excludes the vegetation on land zoned as general residential, inner residential or village. Note that other vegetated land, that is not zoned as residential, within 100m of the building site such as a private forest or a Crown land reserve, still has to be assessed for its potential effect on the subject building site. The Tasmania Fire Services (TFS) has provided advice that such low threat vegetation on residential zoned land creates an insufficient increase in risk to warrant any specific bushfire 1

2 protection measures for a building. Instead the TFS is engaged in the development of community protection planning, public education, and strategic fuel management programs to assist in managing the low bushfire risk on that residential zoned land. A Bushfire Hazard Management Plan and certificate (Form 55) from an accredited bushfire assessor, prepared for planning approval, may be relied on by the building surveyor when assessing a building design and the Council Permit Authority will receive a copy of that Management Plan for a building permit application. Definition of Public or Other Authority Reference to the Water and Sewerage Corporation Act 2012 is inserted in the definition of Public or Other Authority in the place of the previous legislation repealed in Definition of Exempt Outbuildings Outbuildings in a bushfire-prone area are exempt from a building permit only if they are to be situated 6m or more from a habitable building. Otherwise exempting these non-habitable structures could conflict with other requirements for building in bushfire-prone areas. The reference to the specified dimensions of a Type One Exempt Outbuilding has also been clarified (a side can be a maximum of 3.2m long). 2. Regulation 4 amended (Certain work exempted from building permit) Definition of Non-roofed deck (Regulation 4 (ab) amended) Regulation 4(ab) is amended to provide that a wooden deck less than a metre high is exempt from a building permit, but only if appurtenant to a residential building (Class 1) and it must not be covered by roof or frame. Since wooden decks were exempted in 2012, some have been constructed that may pose a risk of increasing the spread of fire between adjacent commercial buildings. There has also been the problem of owners combining several types of exempt structures to create a covered deck. New exemption for agricultural production polytunnels (Regulation 4 (s) amended) Consultation with horticultural industry and local government has exposed an urgent need to exempt plastic-covered tunnels used for growing fruit, vegetables and berries from the requirement for a building permit. Classing these tunnels as buildings and requiring a building permit for their erection would be an unjustifiable cost to farmers. The existing exemption for crop protection structures with an open weave covering has been extended to propriety systems of tunnel frames covered by flexible non-permeable material. New exemption for construction of wharf, jetty, marina or pontoon (Regulation 4 (t) inserted) Work on a wharf, jetty, marina or a pontoon permanently affixed to land is clarified as being exempt from the requirement for a building permit, provided there is no building situated on those marine structures. 3. Minor alterations and minor repairs of buildings (Regulation 4B substituted) Regulation 4B specifies what is not a minor repair or alteration to an existing building. The amendment is almost identical to the current provision but includes a relaxation for work on a non-habitable outbuilding in a bushfire-prone area, where a building surveyor receives certification that the work will not impose an increased fire risk to the habitable building. 2

3 Regulation 4B now also references the current legislation covering the safe removal of asbestos (Work Health and Safety Act 2012). 4. Adoption and modification of the Building Code of Australia (Regulation 8A inserted) The National Construction Code (NCC) is a suite of publications that includes the Building Code of Australia (BCA). The BCA is referenced in section 55 of the Building Act as the legal technical standards for building and plumbing work in Tasmania. The new regulation 8A clarifies that the BCA (as modified from time to time) is adopted as part of the Building Regulations. This adoption is subject to the following modifications of the BCA so that some specific provisions do not apply in Tasmania: Flood hazard areas The BCA has provisions relating to construction on land subject to flooding. The amended regulation clarifies the application of these BCA definitions to be consistent with provisions of the Building Regulations. Fire hydrant This definition relates to building work in a bushfire-prone area and provides that that there are no specific performance requirements for fire hydrants in those areas. The TFS has advised that public infrastructure provided by TasWater provides sufficient flow and pressure in ordinary circumstances to meet requirements. There is no longer a requirement to conduct flow rate and pressure tests for building applications. Slip resistance of pedestrian surfaces New provisions are included in BCA 2014 for testing of the slip resistance of stair treads, landings and pedestrian ramps in accordance with an Australian Standard. To ensure industry has had sufficient time to prepare for these changes to slip resistance, the Tasmanian Government has decided to delay their introduction for at least another year. The new BCA slip resistance provisions will not apply and Tasmania has varied BCA 2014 by amending the Building Regulations The requirement in the Regulations for slip resistance will be a nonslip finish on stair treads, landings and ramps. This is consistent with the previous requirements of BCA Renaming of Part 2, Division 3 Flood Hazard Areas. As this Division deals with flooding, it has been renamed as Flood Hazard Areas. 6. Certificates of Specialists or Other Persons (Regulation 13 amended) Section 266(1) of the Act allows the Director to publish a Determination of the qualifications of persons who may provide certificates that may be accepted and relied upon by a building surveyor, permit authority or general manager. These certificates are usually referred to as a Form 55. Regulation 13 is amended by insertion of a new paragraph (2A) that clarifies the role of those specialists who can report on site conditions (or hazards, such as for bushfire prone areas) and provide certification of those conditions, before any design or building work commences on that site. Another amendment, of subregulation (3), is to clarify that associated building work (such as designing, documenting and inspecting of building work) are types of work that are within the intended scope of these certificates 3

4 7. Granting of building permits (Regulation 18 amended) Deletion of redundant paragraph (ea) due to owner-builder registration changes made in Paragraphs (b), (c) and (ca) will be deleted on the introduction of a private planning certification system, expected to start later in Consideration of planning requirements for a building permit application will then be made under the Building Act when amendments made by the Land Use Planning and Approvals Amendment Act 2013 commence. 8. Distribution of permit documents (Regulation 20 amended) Regulation 20(3) is amended to provide that the approved plans required to be held on site by the builder are to include any variations of those plans that have been consented to by the building surveyor or the permit authority since the building permit was issued. 9. Asbestos removal before demolition (Regulation 27A amended) Regulation 27A is to reference the current legislation (Work Health and Safety Act 2012) that refers to the safe removal of asbestos. 10. Maintenance of prescribed features or measures (Regulation 43 amended) From 1 May 2014 the BCA no longer gives details of the standards for maintenance of prescribed features or measures of buildings required to be maintained for the safety, health or amenity of users. Therefore the Building Regulations now provide that the Director of Building Control specifies these standards for Tasmania. Consequential of this are: Specific reference to any features or measures that have been provided in a building as a result of an alternative solution; and Minor changes to the definitions of: o Other prescribed features or measures of a building o Prescribed essential safety and health feature o Prescribed essential safety and health measure o Prescribed features and measures 11. Standard of maintenance of prescribed features or measures (Regulation 46 amended) Standards for essential maintenance are no longer published in the BCA. The required minimum legal standards are now found in The Director s Specified List (Schedules 4, 5 and 6). This List is available from the Building Standards and Occupational Licensing website: 4

5 2. National Construction Code (NCC) training courses from Pointsbuild Working with the Australian Building Codes Board (ABCB), Pointsbuild, a national provider of online CPD training services, offers a range of online training courses on the National Construction Code (NCC), specifically designed for the Australian building and construction industry. The courses will enable building professionals from all backgrounds and perspectives to improve their core skills and technical knowledge in the NCC. It is a particular valuable resource for accredited practitioners who need to gain Continuing Professional Development (CPD) points annually to maintain their accreditation. The NCC online courses cover: The Australian Building Regulatory Framework Using the NCC NCC Volume One; and NCC Volume Two. Specific subjects include: Application of the National Construction Code The NCC Energy Efficiency Provisions The NCC Access Provisions The Plumbing Code of Australia. Each course contains questions to establish and develop knowledge of the NCC. Successful completion of these courses will result in Continuing Professional Development (CPD) points and a certificate awarded to participants. National industry associations or peak industry bodies that have approved the courses for CPD obligations include: Australian Institute of Architects Association of Building Sustainability Assessors Green Building Council of Australia Australian Institute of Building To find out more, including the costs of the courses, contact Pointsbuild on or info@pointsbuild.com.au or via website 5

6 3. Avoiding Condensation in Tasmanian Buildings The reported incidents of condensation appear to be higher in Tasmania. This may be due to our unique circumstances due to our colder climate. This update is issued at the start of winter 2014 as a reminder to take into account the possibility of condensation. The Director of Building Control has identified a need for some Tasmanian specific, practical and simply presented guidance material that designers and builders can use to minimise the occurrence of condensation. These are currently being developed in conjunction with the University of Tasmania. In the meantime there are some basic solutions which are apparent and this update seeks to provide a reminder of some of the basics. Background Condensation is where moist air (water vapour carried in the air) meets a cold surface which then forms water droplets. Condensation entrapment occurs, and causes the issues such as those in the picture above, when you have a closed-off area such as a roof cavity where moisture cannot escape and the level of moisture in the air increases and remains high until conditions change. Generally this will occur where heat rises and carries moisture through gaps in walls and ceilings into the cavities beyond. Considerations In the building process building practitioners should provide adequate means of ventilation to the structure to ensure the long term safety of the building. 6

7 Following are some considerations for designers: Eliminate water vapour generated by occupants, entering roof or wall cavities: o gas appliances ducted to the outside o kitchen range hoods ducted to the outside o clothes dryers ducted to the outside o bathroom exhausts ducted to the outside Ensure fans are appropriately sized to remove water vapor not just odours. Sufficient makeup air e.g. undercut doors or fixed vents to allow fans to work correctly. Provide adequate well-distributed sub-floor ventilation, and use impermeable ground coverings in damp areas. Introduce ventilated cavities by the use of wall battens spaces and the like for polystyrene, hardboard and cement sheet external wall claddings. Ceiling insulation should be used in preference to roof insulation. Following are some considerations for builders: Stop moisture buildup in the structure Keep construction materials dry during construction Use vapour-permeable wall wrap (not punched sarking) Maintain ventilation paths through eaves to roof space (don t block with insulation) Advise owners of the value of ventilating homes using windows (even in winter) Proposed longer-term advice Research is currently being undertaken by a working group made up of members from Building Industry associations, Energy Efficiency Experts, Insulation Product Manufacturers, the University of Tasmania, the Tasmanian Fire Service, Building Surveyors, Designers and Government. The next phase of this project will be to investigate ways that more ventilation can be introduced into the non-conditioned space of houses (through the roof space above the layer of ceiling insulation), without compromising the energy efficiency and while ensuring compliance with the Bushfire requirements. Building Standards is currently discussing a proposal from the University of Tasmania to conduct field monitoring of a number of homes that may have condensation issues. This will involve the 24-hour monitoring of cavity spaces over the winter period. This will allow us to gain a better understanding of what conditions trigger the development of condensation, and what design measures can be undertaken to mitigate this risk in the future. This research will be completed by the end of 2014 and result in further advice to Industry at that time. Further Publications and guidance available Building Standards has been involved with the development of the National Condensation Handbook, published by the Australian Building Codes Board. Version 2 of this handbook is due for publication in July Dale Webster Director of Building Control 7