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 overseeing compliance 19 Feb 2020
Overview Overview Overview Overview • Relevant reports Relevant reports • Overview of the issues • Response – building products • Response – BCR
The ‘package’ of reports The ‘package’ of reports The ‘package’ of reports The ‘package’ of reports rts rts rts rts Owners Corps Buildi uilding National Reports Confide nfidence issued Feb, May and Nov (Shergold (Shergold gold/Weir) gold/Weir) Ongoing Ongoing 2018 2018 maintenance Building Building product Trust & safety Harmony (Senate) (Murray) Insolvency & anit- pheonixing
Building Product Safety Building Product Safety Building Product Safety Building Product Safety ty ty – ty ty – – Pain Points – Pain Points Pain Points Pain Points Lack of k of supply Lack of testing Lack of testing cha chain chain cha Role of Role of Failure at Failure at Poor Poor to standards & to standards & account ountability Global supply industry in Substitution or checkpoints – installation credibility of chains - lack development lack of quality designers, practices OR Mislead leading or testing transparency of standards - assurance surveyors & inappropriate decep eceptive methods & conflicts builders use of products prod roduct labs inform ormation
Regulatory Reponses Regulatory Reponses Regulatory Reponses Regulatory Reponses • Supply chain laws (Qld) • Duty to supply compliant and safe pro products • Duty to provide accurate product infor information • Duty rests with directors/boards • Duty of Care (NSW) Duty of Care (NSW) • Strengthen the product certification tion scheme • Improving scrutiny by designers, sur , surveyors, builders (gates) • Evidence of suitability requirements • Competency, conduct • Increased regulation and enforcement ent • Digital solutions, records, traceabilit bility, quality assurance
Context for Context for Context for BCR Context for BCR BCR BCR? ? ? ? • BCR – Aug 2017-Feb 2018 • Senate inquiry into non-conforming prod products 2015-2018 • reports May 16, Sept 17, Nov 17, Final repo report Dec 18 • ABCB tasked with reporting on compulso ulsory product certification scheme – July 2015 2015 • New supply chain laws in Qld - Aug 2017 017 • SOG tasked with reporting on compulsor lsory product certification scheme, national register of products and product labellin elling – Oct 2017 • NSW Building Product Safety Act – Nov 2 ov 2017 • Tasmania ACP with PE ‘high risk building ding product’ - Dec 2017 • NSW and Cth pilot program to track the the supply and installation of ACP – Dec 201
What did the What did the BCR BCR say abo say abo about regulating about regulating What did the What did the BCR BCR say abo say abo about regulating about regulating building products? building products? building products? building products? • That the BMF agrees its position on t on the establishment of a compulsory product certification syst system for high-risk building products…. once agreed make it a pr products…. once agreed make it a pr a priority to implement (Rec 21 p 36) a priority to implement (Rec 21 p 36) • Regulation of the building product su ct supply chain is warranted and product recall and/or prohibition pow n powers should exist for high risk products. (relation to Rec 6 p 21)
Post Post Post BCR Post BCR BCR BCR - - - Cladding ‘bans’ - Cladding ‘bans’ Cladding ‘bans’ Cladding ‘bans’ ns’ ns’ ns’ ns’ Jurisdiction Date Products Action tion Buildings Comments Tasmania 27 Dec 17 ACP with PE core & Determi ermined to Type A or B Must seek approval from Gov rendered PE products be ‘high high risk use product (EPS) building ding product’ South Aust 13 Feb 18 metal panel or lining Defined ined as Type A or B Must lodge a notice with coun formed with an ‘designa ignated with prescribed info about the aluminium, or similar aluminium, or similar building building ding product’ ding product’ use of the product prior to use of the product prior to thin metal sheet commencing work material, with any type of core material Victoria 15 Aug 18 Panel with >30% PE or Surveyo veyor must Type A or B Must get determination from EPS not issu issue BP BAB to allow use. where re ‘prescrib scribed Sept 18 – Minister given powe product duct’ to prohibit use of high risk propose posed for use external wall cladding product (not yet used)
Post Post Post BCR Post BCR BCR BCR - - - Cladding ‘bans’ - Cladding ‘bans’ Cladding ‘bans’ Cladding ‘bans’ ns’ ns’ ns’ ns’ risdiction Date Products Action tion Buildings Comments SW 15 Aug 18 ACP with >30% PE Prohib ohibit the use Type A or B Exemption if pass AS1530.1 or AS5113 estern Aust 6 Oct 18 New standard for non-combust bustible external Type A or B Can apply for an walls. Must meet DTS or if a per perf solution is exemption. Does not proposed related to CP2 it must ust meet apply to remedial work AS5113 but need not meet deb AS5113 but need not meet deb debris test in debris test in on buildings with on buildings with AS5113 provided there is a prov provision for safe combustible cladding evacuation ueensland 18 Oct 18 ACP with >30% Prohib ohibit the use ACP – all ACP with> 30% can be EPS in external wall buildings retained in cladding EPS – Type A or rectification if there is B an alternative solution CT & NT No ‘bans’ but have issued guidance about amen mendments to NCC and obligation to comply
Commitment to impleme Commitment to impleme Commitment to impleme Commitment to impleme ementation of the ementation of the BCR ementation of the ementation of the BCR BCR BCR Expert Panel (6) ABCB Building Ministers Australian Building IMPLEMENTATION IMPLEMENTATION Forum Forum Codes Board (17) Codes Board (17) TEAM Industry Leaders Group (15) https://www.abcb.gov.au/Initiatives/All/buildin ilding-confidence-report-implementation-team https://www.industry.gov.au/sites/default/files/building lding-ministers-forum-communique-december-2019.pdf
BCR BCR BCR Implementation BCR Implementation Implementation Implementation prio priorities priorities priorities (Dec 19) priorities prio prio prio (Dec 19) (Dec 19) (Dec 19) • Amendments to NCC • Best practice process for development ent of performance solutions • Enhanced provisions relating to ‘evide vidence of suitability’ • Development of CPD content on the the NCC for a range of practitioners • ‘complex buildings’ • ‘complex buildings’ • New technical standard for labelling lling of ACP (NCC 2020) • National code of conduct for buildin ilding surveyors (Rec 10) • National specification for the conten ntent of building manuals (Rec 20) • Model provisions for roles and respo esponsibilities for documenting and approving performance solutions (v s (various recs) • National data-sharing framework (re k (rec 12)
New South Wales New South Wales New South Wales New South Wales Design Building Practitioners Bill - Pa Part 3 - Duty of Care – section 31 A person who carries out construction work ork has a duty to exercise reasonable care to avoid economic loss caused by defects— (a) in or related to a building for which th h the work is done, and (b) arising from the construction work. Duty is owed to owners and subsequent owne Duty is owed to owners and subsequent owne wners of class 1, 2, 3 and 10 buildings wners of class 1, 2, 3 and 10 buildings Construction work includes the supply and ma manufacture of building products (as defined the Building Product Safety Act) Part 2 of Sched 1- Applies to construction wor work carried out before the commencement of the new provisions: - But not if a proceeding already commenced against any any person - loss apparent within past 6 years - But not if date of completion of work >10 years ago – oth other than in relation to supply & manufacture of building products
New South Wales New South Wales New South Wales New South Wales • Parliamentary Inquiry – Regulation o ion of buildings standards, building quality and disputes (July 19 – interi nterim report Nov 19) • Appointment of Building Commissio issioner – David Chandler • Professional Engineers Bill (also Parl Parliamentary Inquiry into the Bill) • New powers to prevent issue occup • New powers to prevent issue occup cupation certificates (being developed) cupation certificates (being developed) • 2017 reforms to laws on certifiers to rs to be implemented • Future plans - 6 pillars – legislation & ion & regulation, risk ratings, education overhaul, procurement, digitisation, tion, research https://www.customerservice.nsw.gov.au/abou bout-us/media-releases/ministerial-releases/plans unveiled-for-the-future-of-building-and-constru struction
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