Joining the Dots sum of many fit-for-purpose safety product certification

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2 Joining the Dots Saying: A chain is only as strong as its weakest link. A building is the sum of many (parts) components. Therefore for the building to be strong each and every component must be fit-for-purpose (F-F-P). A building is also like a team and all components must be fit if the building is to maintain peak performance. Building s peak performance: is safety for occupants. That is why product certification is critical to producing a safe building by ensuring components are F-F-P.

3 Achieved by: Certification of a Product 1. Performance solution; or 2. A solution that complies with a deemed-to-satisfy provisions; or 3. A combination of 1 and 2. AWA has its own certification system. Australian governments ensuring combustible cladding is either being removed or performance solution applied. QLD has introduced legislation that covers private commercial buildings between - 1 Jan 1994 but before 1 Oct 2018.

4 Private Commercial Buildings (QLD) Part 1 register with QBCC by 29 March 2019 Part 2 complete combustible cladding check list by 29 May 2019; and engage fire engineer to provide a report (fire safety risk management) about cladding by 27 August 2019 Part 3 in building a affected private building notice to be displayed near main entry point within 60 b/days after fire assessment. Stay in place until cladding removed or certifier issues a notice cladding removed by 3 May No requirement after Part 3 requiring owner to act.

5 Changes -Looking Back and Forward When OK to build buildings not safe for people to use? When OK to substitute a non-combustible cladding for a combustible cladding? or substitute a CP with a NCP? Regulators have increased the extent, size and form of the penalties for those who do the wrong thing. QLD s persons in chain of responsibility are subject to: - monetary penalties (some greater than $100,000); - QBCC licences cancelled or suspended; - Stop works; and - Recall orders. Consequence: Building Certifier s PI Insurance.

6 How Could This Happen? Historically industry, fragmented, silos and decline in docs We take certificates at face value! Detailed documentation is important. Certificate enhanced by clarity of information on it. QLD BR s.49 - BC to check before accepting certificate: - component person issuing certificate of a type relevant to works certified; - certificate in the approved form; - be signed by the competent person; and - states in detail the extent to which the person has relied on tests etc.

7 Moral Hazard Where the commercial interest in achieving a profit is placed above the safety of people. Read the details of the certificate in full particularly, - Product limitations or Conditions of use. Issues of NCP not limited to external cladding. Products come from both OS and Aus. Examples include electrical cable, cyclone rods, imported baths, glass balustrades/barriers. Product substitution.

8 NCC Evidence of Suitability Framework CodeMark or CodeMark Australia Certificate of Accreditation Certificate issued by a certification body e.g. AWA Report issued by an Accredited Testing Laboratory Certificate or report from a professional engineer or appropriately qualified person Other forms of documentary evidence e.g. Product Technical Statement The journey is as important as the destination.

9 Pathway to Compliance For example CodeMark Objective: provide confidence to regulators & market. CM certificate will form part of the building approval Certificate must be considered in the full context of BCA However evidence of CM CoC allowing manufacturers to hide relevant info how product meets BCA requirements The Certificate Holder has chosen not to make the above evidence of compliance publicly available. Due to the documents being considered commercial in confidence. There is also the issue of The Golden Sample. Level playing field; safe for occupants

10 Non-Conforming Building Products 2017 QLD introduced legislation placing greater responsibility on everyone in the building supply chain. NCBP is: - Not, or will not be safe; - Does not comply with regulations (e.g. NCC); - Does not perform to the standard to which it is represented to perform.

11 NCBP - continued Those in the chain-of-responsibility have a duty to, 1. Ensure NCBP have evidence of suitability e.g. Cert-of- Conformity, RTA, Schemes JAS/ANZ or NATA accreditation. 2. Ensure that required information accompanies product. 3. Product recalls must not sell a product subject to recall. 4. Exercise due diligence EO - product safety. 5. Representations cannot not make false or misleading claims about product. 6. Notification within two days report a NCBP if they become aware or reasonably expect the product is a NCBP.

12 NCBP - continued QBCC investigation powers namely, a. Enter and investigate places other than active building sites b. Remove samples for testing and cost recovery c. Publish information about products d. Accept an enforceable undertaking, issue a product warning and or recall. Example: May 2018 mandatory recall on safe pool safety fence in QLD. Subsequently retailer rolled out a recall across Australia. QLD legislation does not have a national effect.

13 NCBP Australia Wide NSW Taskforce mid-2017 focusing on residential buildings with cladding require owners to register properties. VIC Taskforce building on earlier cladding audit. TAS audit, new regs restricting use of potentially combustible cladding. SA 3 phase audit; regs require owners to notify LA where Aluminium Composite Cladding installed. WA undertaking state-wide audit in 3 phases builds on earlier 2015 audit.

14 Changing Landscape The building industry landscape is changing; what we building stays mostly the same but how and what materials and digital techknowledges we use are changing. Environment, productivity and reducing build times to increase profitability. Techknowledges; BIM, 3D dimensional printing helping to make the construction process more efficient and effective. Business size, employee skills dictate use of technologies.

15 Supervision However while technologies such as BIM can integrate all aspects of a project to help reduce waste and efficiencies There is always the possibility of a nonconforming correct product being installed. Site supervision is still critical. Additional supervision will most likely require more site resources to check documents, certificates and the components; BUT So does reworking costs hard dollars, and lost opportunities that flows from damaged relationships.

16 (Part of) The Answer My Friend? We place trust in the companies, services, people and data we transact or communicate with. Recent events and the onset of technology has created a need to develop a need to develop a culture and mindset that supports lifelong learning. Contractor education and digital literacy are required. Introduce compulsory CPD scheme for the building and construction industry.

17 Summary We are all in this together chain of responsibility Regulators, insurers, customers are better informed and aware and will demand a copy of the certification We need to be improving (access to) the product docs, - product details - conditions of use/ limitations - test reports Need to check, check, check (supervise) at each stage. Safe buildings must be everyone s business. THANK YOU.