7 - Weathertightness compliance

Purpose

To assess the Council's ability to process and inspect weathertightness compliance with particular attention to:

weathertightness design processing methodology
the level and detail of consent documentation accepted and approved by the Council
technical competency of both processing and inspection staff in relation to weathertightness compliance
the Council's inspection systems and procedures.

Background

In response to emerging reports of building failure, the Government initiated several reviews that collectively found that there had been a 'systemic failure' of the building system. The term â€˜systemic failure' illustrates that no single cause led to the failure; rather it was the result of a complex interplay between a number of factors. Some of the key factors involved included:

standards of design and construction that were set at the minimum level necessary to achieve compliance, providing no margin for error
a lack of information and capability on the design and construction side
inadequate review of consent applications and inspections of building work, which meant that specific problems were not being consistently identified and rectified
capability and capacity issues within the regulatory building control sector identified the need for better monitoring of emerging trends within the building control system.

The Building Act 2004 introduced a more comprehensive regulatory regime for the building control sector. The Acceptable Solution (a prescriptive means of compliance) for meeting Clause E2 External Moisture (weathertightness) of the Building Code was also updated and a number of guidance documents have been published by the Department on weathertightness compliance requirements and construction methods.

Initial review

Improvements from previous reviews were identified regarding the way the Council's consent processing and inspections were being undertaken in relation to weathertightness. Greater consideration was being given to timber treatment and weathertightness design risk and it was also using the risk matrix to determine whether a cavity was required.

The Department found that processing staff did not have formal processes or procedures for checking weathertightness compliance. The Department also noted an inadequate standard of weathertightness compliance, which was attributed to lack of knowledge of good weathertightness detailing and workload pressure on the Council's staff.

Recommendations to the Council	Action taken by the Council before the follow-up review
Ensure adequate time and resources are allocated to processing and inspection of building weathertightness.	This recommendation was not fully implemented.
Ensure all processing and inspection staff are given appropriate levels of practical weathertightness training.	Two team leaders attended a 3-day weathertightness course and all technical staff attended weathertightness seminars.
Develop robust processes to demonstrate how compliance has been achieved.	The Council upgraded their processing checklist.
Ensure consent applications with inadequate weathertightness detail are rejected or suspended.	This recommendation was not fully implemented.
Develop strategies for targeting design professionals and other stakeholders to communicate Council expectations on the level of weathertightness detail for high-risk-category buildings.	The Council began arranging meetings with stakeholders to communicate expectations.

Follow-up review

It was found that the Council has made some progress in adopting the initial review's recommendations. Two of the Council's team leaders have attended a 3-day weathertightness course and all technical staff have attended weathertightness seminars. The Council has also developed a more comprehensive processing checklist which requires processing staff to record the basis for their approval of compliance. The Department considers that the checklists could be further enhanced to ensure compliance (as was noted under heading 4.4 of the review's Terms of reference).

Recommendations to the Council	Response from the Council
Implement the recommendation from the 2004 initial review to develop policy and procedures to underpin its assessment of weathertightness compliance.	The Council advised that policy and procedures have been developed and its implementation is to be reviewed.
Ensure adequate time and resources are allocated to processing and inspection of building weathertightness.	The Council advised that a weathertightness compliance and inspection process is being developed to ensure a systematic approach is taken to applications and inspections subject to weathertightness risk.
Ensure all processing and inspection staff are given ongoing levels of practical weathertightness training.	The Council noted that training opportunities have been identified and adopted.
Develop robust processes to demonstrate how compliance has been achieved.	The Council advised that these processes were developed as part of the policy and processes discussed earlier in the report. The Council is developing a weathertightness register which is yet to be formalised.
Ensure consent applications with inadequate weathertightness detail are rejected or suspended.	The Council advised that the checklist has been enhanced to include weathertightness risk identification and it is to develop specialised processing of weathertightness capability.

Conclusion