1. Restricted Building Work (RBW) Training For Trainers

2. Restricted Building Work: Where are we going with this?

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

5. What is Restricted Building Work?

6. Legislation framework

7. Definition of RBW

8. 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

9. 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)

10. 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

11. 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.

12. 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

14. 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.

16. 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

18. Changes to the Building Consenting Process

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

20. 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

21. 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

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

23. Scope of Licence

24. House structure

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

26. Working within Competency

27. 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

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

29. Supervision

30. 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

31. 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

32. Memoranda

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

34. 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.

35. 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

36. Offences and Penalties

37. 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 fines up to $20,000
Building Practitioners Board -cancel/suspend licences; restrict type of building work, censure, order training and fine upto $10,000

38. 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

39. 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