Restricted Building Work (RBW) Training For Trainers

Restricted Building Work: Where are we going with this?

What we’re covering: What is RBW? Changes to Building Consent process Scope of licences Working within competency Supervision Memorandum Offences and Penalties

What is Restricted Building Work?

Legislation framework

Definition of RBW

RBW definition: a) means building work that is— (i) critical to the integrity of a building, for example, its envelope and structure; and (ii) of a kind declared by the Governor-General by Order in Council to be building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that work; and that Order in Council may relate, without limitation, to certain types or categories of buildings, or parts of buildings specified in the Order in Council; and (b) includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and (c) does not include any building work for which, in accordance with section 41, a building consent is not required

Building Work that isn’t RBW Commercial buildings – e.g. shops, offices, motels Building work that does not require a building consent (e.g. schedule 1) Apartments greater than 10m (from lowest ground point to highest roof point – excluding chimneys, aerials etc) Residential Buildings with commercial parts (e.g. apartments with shops underneath)

Building Work that isn’t RBW Out Buildings – e.g detached garages Elements constructed offsite – prefab trusses Internal moisture – e.g Bathrooms Work not covered by a licence – e.g straw bale houses Internal Carpentry work

RBW only applies to certain RESIDENTIAL Buildings house means a free-standing, fully detached building consisting if a single residential unit (or a single residential unit and 1 or more residential facilities) small-to-medium apartment building means a building that— (a) contains 2 or more residential units or residential facilities; and (b) does not contain parts that are neither residential units nor residential facilities; and (c) has a maximum calculated height of less than 10 m.

Primary Structure Primary structure means the principal structural systems of the building. It includes all structural elements of the building intended to contribute to resisting vertical and horizontal loads

External Moisture-Management Systems External moisture management systems are the building elements and systems that prevent the ingress of external moisture and help control moisture within the building fabric.

Design of Fire Safety Systems (Small to medium apartments only) fire-safety system, in relation to a building, means those of its building elements that are intended to protect people, house-hold units adjacent to it, or other property, from fire or the effects of fire; and includes building elements that are, or are parts of- (a) emergency warning systems; and (b) systems intended to enable or facilitate the evacuation of the building in an emergency; and (c) systems intended to enable or facilitate fire-service operation; and (d) systems intended to suppress or control fire or smoke

Changes to the Building Consenting Process

Building Consent applications that include RBW must have a memoranda (Certificate of Work) from Licensed Designer, Registered Architect or Chartered Professional Engineer

BCA needs to be advised of who the LBPs will be BEFORE any RBW construction begins Responsibility of owner May be named as part of the Building Consent application process Can be done in stages as known but must be BEFORE RBW starts BCA will be checking during inspection process that LBPs have been named If RBW Construction begins BEFORE BCA has been notified of who LBPs are then BCA can order building work to stop

If LBP changes the BCA must be advised. LBP leaving must complete Memoranda (Record of Work) stating what RBW that did Owner should contact BCA immediately if unable to get Memoranda (Record of Work) from departing LBP and should notify board

LBP must provide owner with memoranda (Record of Work) at end of construction

Scope of Licence

House structure

Licensing competencies listed under Licensed Building Practitioner Rules 2007 DBH developing guidance for each licence

Working within Competency

Area of Practice Licensing recognises specialist skills within trades – i.e. roofing has 7 AoP RBW restricts to licence not AoP Individual practitioners are responsible for knowing their abilities/limitations within their trade

Working within Competency Complaints about negligent or incompetent work can be made to BPB Ask for advice or supervision if trying something new

Supervision

Defined in Building Act 2004 Supervise in relation to building work, means provide control or direction and oversight of the building work to an extent that is sufficient to ensure that the building work— (a) is performed competently; and (b) complies with the building consent under which it is carried out

Do not have to be present for entire construction process but MUST be able to ensure that: Building work is complying with Building Consent The job is being done properly and to a standard that LBP is prepared to put their name (and licence number) to

Memoranda

Memoranda Memoranda for design work (also referred to as Certificate of work) Memoranda for building work (also referred to as Record of work)

Design Memoranda (Certificate of Work) Identifies the person(s) who did the RBW design work Identifies the RBW Certifies that design work that is RBW complies with the building code, and states waivers and modifications that have been applied for. Is NOT a producer statement but it can contribute (depending on the amount of information it contains) to the BCA being satisfied, on reasonable grounds, that the accompanying plans and specifications will comply with the building code.

Building Memoranda (RoW) Records the RBW work the trade LBPs have completed Compulsory for LBPs that have done the RBW to provide Owner is required to provide Memoranda from all LBPs when applying for a CCC

Offences and Penalties

Enforcement options BCA has range of options under Building Act 2004 – notice to fix; stop work order; withhold building consent etc Prosecution under Building Act 2004 - fines up to $20,000 Building Practitioners Board -cancel/suspend licences; restrict type of building work, censure, order training and fine upto $10,000

RBW Offences and Penalties Penalty LBP carrying out or supervising RBW that they are not licensed for Complaint to BPB Board AND Prosecution under Building Act 2004 Non-LBP carrying out RBW work unsupervised by LBP Prosecution under Building Act 2004 – fines of up to $20,000 Building Owner ‘knowingly’ engaging non-LBP to carry out RBW

RBW Offences and Penalties Penalty LBP not providing building owner with memoranda (Record of Work) for RBW Complaint to BPB Board LBP carrying out RBW negligently or incompetently