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Cost-effective quality: next generation building control in New Zealand - Building Act Review discussion document [PDF 534 KB,  68 pages]

Published: 26 February 2010

Cost-effective quality: next generation building control in New Zealand — Building Act Review discussion document February 2010

Attachment 1: Proposals for Schedule 1 inclusion

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Table A: Proposed Additions to Schedule 1

Note: The proposals in column 1 would be subject to the limitations in column 2 and should be considered in the light of the notes in column 3. When commenting on specific proposals, please refer to the identification letter or number in the ID column.

ID Proposal Limitations Notes
A Construction of a detached non– habitable or habitable building that does not contain cooking facilities or plumbing, if: 
  • single storey, and
  • floor area < 20 m2, and
  • floor level < 1.0 m above ground level, and
  • not closer than 1.0 m to any legal boundary or existing building, and
  • not required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996, and
  • used in connection with an existing building
  • All work is subject to planning rules and controls
  • There is an existing exemption for 10 m2 sleepout
  • Should plumbing be exempt in these circumstances?
B Construction of an addition to a residential building that does not contain cooking facilities or plumbing, if:
  • single storey, and
  • floor area < 20 m2, and
  • floor level < 1.0 m above ground level, and
  • not closer than 1.0 m to any legal boundary, and
  • not required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996, and
  • built by a licensed building practitioner, and
  • does not reduce the performance of the altered building relating to structural stability, means of escape from fire, fire-rating performance and weathertightness, and
  • weathertightness risk score # 12
  • All work is subject to planning rules and controls
  • Should plumbing be exempt in these circumstances?
  • Are the consequences of failure in private vs public buildings different?
C Construction of a detached non– habitable building (ie, people do not live, work or assemble in it) that is < 40 m2, if:
  • single storey, and
  • floor level < 1.0 m above ground level, and
  • not closer than 1.0 m to any legal boundary or existing building, and
  • not required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996, and
  • built by a licensed building practitioner
  • All work is subject to planning rules and controls
D Construction of a detached non– habitable building (ie, people do not live, work or assemble in it) that is < 100 m2, if:
  • single storey, and
  • floor level < 1.0 m above ground level, and
  • not closer than 1.0 m to any legal boundary or existing building, and
  • not required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996, and
  • designed by a design-licensed building practitioner and built by a licensed building practitioner
  • All work is subject to planning rules and controls
  • What is the likelihood of a high fuel load and fire occurring in such a building that would cause damage to neighbouring property? Would a building consent mitigate this problem? Limit to fire hazard category 1?
  • Is 100 m2 an appropriate size limit?
E Replacement of piles in an existing building, if:
  • work done by a licensed building practitioner, and
  • single storey building, and
  • floor < 1.5 m above the ground
  • Would not be limited to housing (for example, would include churches, shops, halls, schools)
  • The replacement of a few piles is already covered by the existing exemption (a), but the complete or substantial replacement is not exempt
F Replacement of a water heater, if:
  • work is done by a craftsman plumber registered with the Plumbers, Gasfitters and Drainlayers Board, and
  • gasfitting and prescribed electrical work is done in accordance with the Plumbers, Gasfitters, and Drainlayers Act and the Electricity Act respectively, and
  • the replacement water heater has a controlled heat source (gas or electricity) or the replacement water heater is open vented if it includes a storage cylinder
  • Existing exemption (a) only allows like-for-like replacement in the same position
  • Existing exemption (ad) allows plumbing to be moved within a room
  • Proposal would allow replacement of a water heater with different type of heater (for example, instant gas for electric storage)
  • Would allow replacement of a water heater in a different position (for example, outdoor integral heat pump for indoor gas storage)
  • Would allow replacement of an open or valve-vented water heater with an open or valve-vented water heater (mains pressure cylinder for low pressure cylinder) if heat source is controlled
  • Proposal would not allow valve- vented, uncontrolled heat source (eg, wetback, solar, geothermal) water heaters to be exempt
G Replacing internal floor and wall finishes in dwellings, if:
  • fire performance is not reduced, and
  • the moisture resistance of the building element is not reduced in wet areas, and
  • skid resistance of floor finishes is not reduced
 
H Replacement of cladding on a timber– framed roof, if:
  • work is done by a licensed building practitioner, and
  • structural stability of the roof is not reduced (that is, no substantial increase in weight of cladding), and
  • weathertightness is not reduced
 
I Retrofitting insulation, if:
  • unlikely to cause moisture to accumulate in the building element, and
  • does not block ventilation or drainage cavities, and
  • not installed external to the existing building envelope
  • Guidance needed to support good installation solutions/practices

J

 

Pipe and cable penetrations through walls, if:
  • fire, structural and weathertightness performance of the building is not reduced
  • Guidance needed to support good installation solutions/practices
K Heat pump installation, if:
  • used for space heating, and
  • prescribed electrical work is done in accordance with the Electricity Act
  • Replacement heat pump water heaters would be exempt from consent under proposal F above
L Construction, alteration or removal of an awning,16 canopy or shade sail, if:
  • on the ground or first storey level, and
  • area is < 20 m2, and
  • attached to, or used in connection with, a residential building, and
  • not closer than 1.0 m to any legal boundary
  • Existing exemption (ja) allies to all types of building but is limited to less than 15 m2 in size
  • All work is subject to planning rules and controls
  • All work is subject to any local bylaw restrictions
  • Should the exemption be limited in relation to wind (for example, not in high wind zones)?
M Installation or removal of signs, if:
  • designed by chartered professional engineer or design-licensed building practitioner
  • All work is subject to planning rules and controls
N Installation or removal of signs, if:
  • area < 6 m2, and
  • < 3 m above the ground
  • All work is subject to planning rules and controls
O Plinth, platform or other base with a visible height not exceeding 1 metre and erected for the purpose of supporting any mechanical plant, tank, equipment, machinery or other components (other than a building), if:
  • designed by design-licensed building practitioner
 
P Domestic and commercial (non NUO) wind turbines and frost fans, if:
  • not attached to a building, and
  • designed by a chartered professional engineer
  • All work is subject to planning rules and controls
Q Decks and boardwalks, if:
  • designed by design-licensed building practitioner and construction is supervised by licensed building practitioner
  • Existing exemption (g) applies when platform is less than 1.0 m above ground
R Decks and boardwalks, if:
  • complies with NZS 3604, and
  • construction is supervised by licensed building practitioner
  • Existing exemption applies when platform is less than 1.0 m above ground
S Height restriction gantry (such as vehicle height warning in car park)    

16 An awning is defined as ‘a sheet of canvas, metal or glass fixed on a frame and used to shelter a window or doorway’ in Schedule 1 guidance issued by the Department of Building and Housing (see www.dbh.govt.nz/UserFiles/File/Publications/Building/Guidance-information/pdf/guide-to-exemptions.pdf)

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Table B: Further potential exemptions for discussion

Table B lists ideas for possible exemptions. These ideas are not included in the Table A proposals as they are considered to be higher risk – that is, the consequences of failure are potentially greater, or the likelihood that failures could occur is greater.

Note: The ideas for exemptions in column 1 could be subject to the limitations in column 2 and should be considered in the light of the notes in column 3. When commenting on specific proposals, please refer to the identification letter or number in the ID column.

ID  Proposal  Limitations  Notes
Construction of a detached non- habitable building (people do not live, work or assemble in it) that is < 100 m2 and in a rural zone, if: 

single storey, and

  • floor level < 1.0 m above ground level, and
  • not closer than 1.0 m to any legal boundary or existing building, and
  • not required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996, and designed by a design-licensed building practitioner
  • This differs from proposal D above by allowing anyone to construct a non-habitable farm building
  • All work is subject to planning rules and controls
  • What is the likelihood of a high fuel load and fire occurring in such a building that would cause damage to neighbouring property? Would a building consent mitigate this problem? Limit to fire hazard category 1? Is 100 m2 an appropriate size limit?
2 Construction of a detached non- habitable building (people do not live, work or assemble in it) in a rural zone, if:
  • single storey, and
  • floor level < 1.0 m above ground level, and
  • not closer than 1.0 m to any legal boundary or existing building, and
  • not required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996, and
  • designed by a design-licensed building practitioner and built by a licensed building practitioner
  • Differs from the above idea by removing the size limitation
  • All work is subject to planning rules and controls
  • Limit to fire hazard category 1?
3 Additions to existing sanitary plumbing, if:
  • work is done by a craftsman plumber
  • Existing exemption (ad) is intended to only allow existing plumbing to be moved; it does not allow another toilet or shower to be installed
  • The intent is to allow an ensuite, a water heater or another toilet to be added to an existing building
  • What limits should be placed on the type of building or amount of additions that can be exempted?
  • Is a public record of such work needed to manage loads on water supply and/or sewage systems?
4 Construction of playground equipment, if:
  • designed, constructed and installed in accordance with NZS 5828: 2004
  • What is a suitable definition for ‘playground equipment’?
5 Construction of playground equipment on private residential properties  
  • What is a suitable definition for ‘playground equipment’?
6 Installation of domestic free-standing solid fuel fire appliances, if:
  • do not have wetbacks
  • installed by a craftsman plumber
  • There are high consequences of failure if faulty installation causes a fire
  • Which tradespeople would have the necessary competence to install solid fuel burners without building consent authority checks?
7 Tents and marquees, if:
  • subject to appropriate size limits
  • Existing exemptions for 50 m2 marquees open to the public and 100 m2 marquees for private use
  • What are the consequences of increasing the size of public marquees to the same size as private marquees?
  • Should the number of fire exits be used to limit the exemption rather than size?
8 Temporary structures that are used/ re-erected repeatedly for public/ private events (such as fair ground equipment), if:
  • subject to council inspection before occupation/use
  • Consequences are potentially high if structure fails or outbreak of fire
  • What types of temporary structure should not be exempt?
9 Outdoor concert stages, if:
  • designed and supervised by a chartered professional engineer, and
  • erected by licensed building practitioners
  • Should building consent authorities be notified?
  • Should building consent authorities inspect prior to occupation?
10 Stall or shed of lightweight material within any premises used for the purpose of holding a trade fair, fun fair or any exhibition    

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