NEW LAWS REGARDING BUILDING PRODUCTS (QLD)

Transcription

1 BUILDING SERVICES Ref: LEG Current at Nvember 2017 NEW LAWS REGARDING BUILDING PRODUCTS (QLD) Frm 1 Nvember new laws regarding nn-cnfrming building prducts apply t all building prjects in Queensland. The laws create new bligatins fr peple wh make, sell and use building prducts t ensure the prducts are fit fr purpse. The Queensland Building and Cnstructin Cmmissin (QBCC) is respnsible fr enfrcing the new laws. S what has changed? Under the new laws peple in the chain f respnsibility are nw able t be held accuntable fr building prducts that d nt cnfrm t the specified standards they purprt t (being a nncnfrming building prduct) r if they are nt the right prducts fr their intended purpse (being a nn-cmpliant use f a building prduct in accrdance with NCC, QDC, Plumbing Regulatins, etc.). The new laws als prvide further investigative pwers fr the QBCC in relatin t nn-cnfrming building prducts and intrduce additinal Wrkplace Health and Safety reprting requirements fr licensees. Chain f respnsibility - what des this mean? This means that a number f peple are respnsible fr verifying that building prducts supplied and used in Queensland buildings are fit fr purpse. This includes prduct designers, prduct manufacturers, imprters, suppliers and installers. Belw is an example f the chain f respnsibility under the new laws. Nte a persn in the chain may fulfil mre than ne rle. What is cnsidered t be a building prduct? A building prduct is cnsidered under the new laws as any material r ther thing assciated with, r that culd be assciated with, a building r the cnstructin f a building. This includes plumbing prducts, prducts used in electrical and gas installatins, in additin t what are mre cmmnly termed building prducts. Nn-fixed appliances such as stves, fridges, appliances, etc. are nt captured.

2 Wh is affected by the new laws? The new laws directly affect businesses perating in Queensland. They als apply t businesses utside f Queensland (including verseas) that manufacture, supply r design building prducts that will be used in Queensland building wrk. What infrmatin is available? The QBCC and Department f Husing & Wrks have prduced the fllwing material t assist in understanding the new laws: a Cde f Practice t prvide practical guidance n the applicatin f the new laws A Frequently Asked Questin infrmatin piece A Fact Sheet n the imprtant changes t the law n nn-cnfrming building prducts Dedicated infrmatin sheets, utlining the respnsibilities fr: Building prduct designers, manufacturers, imprters and suppliers Installers (including builders and sub-cntractrs) Plumbers Hmewners. While this material prvides further infrmatin n sme aspects n the new laws, there is limited guidance n the practical applicatin f the laws and what these mean fr HIA members. HIA has als prepared a series f infrmatin sheets t assist members understand their respnsibilities under the new laws this includes: Dedicated guidance utlining and clarifying the respnsibilities fr: Building prduct designers, manufacturers, imprters and suppliers Installers (including builders and sub-cntractrs) and plumbers. Infrmatin n the new QBCC inspectr pwers & QBCC Wrkplace Health and Safety reprting bligatins. As mre infrmatin is made available frm the Queensland gvernment, these sheets will be updated. HIA members can cntact HIA s Building Services r Wrkplace Services staff fr mre infrmatin n r hia_technical@hia.cm.au

3 BUILDING SERVICES Ref: LEG Current at Nvember 2017 NEW LAWS REGARDING BUILDING PRODUCTS IN QUEENSLAND RESPONSIBILITIES FOR MANUFACTURERS, IMPORTERS AND SUPPLIERS Frm 1 Nvember new laws regarding nn-cnfrming building prducts apply t all building prjects in Queensland. The laws create new bligatins fr peple wh design, make and sell building prducts t ensure the prducts are fit fr purpse. This is intrduced in the new laws thrugh the cncept f a chain f respnsibility fr building prducts. What des this mean? This means that a number f peple are respnsible fr verifying that building prducts supplied and used in Queensland buildings are fit fr purpse. This includes prduct designers, prduct manufacturers, imprters, suppliers and installers. Belw is an example f the chain f respnsibility under the new laws. Nte a persn in the chain may fulfil mre than ne rle. S what has changed? Under the new laws peple in the chain f respnsibility are nw able t be held accuntable fr building prducts that d nt cnfrm t the specified standards they purprt t (being a nncnfrming building prduct) r if they are nt the right prducts fr their intended purpse (being a nn-cmpliant use f a building prduct in accrdance with NCC, QDC, Plumbing Regulatins, etc.). What are my respnsibilities under the new laws? Prduct designers, manufacturers, imprters and suppliers: Prduct designers, manufacturers, imprters and suppliers need t prvide required infrmatin fr their prducts. The required infrmatin needs t be available t the next persn in the chain f respnsibility. Prduct designers, manufacturers, imprters and suppliers are accuntable fr the infrmatin they prepare and any claims f cnfrmity r specified intended use(s) f their prducts. False r misleading claims f a prducts cnfrmity r suitability fr an intended use, can lead t substantial fines and ther repercussins fr the executive fficer f the cmpany.

4 As a manufacturer/supplier/prduct imprter hw can I cntrl hw the prduct is used n site? Manufacturers and suppliers f building prducts have n cntrl ver what ccurs n a building site. Hwever the new laws require that a manufacturer, imprter and supplier must ensure as far as reasnably practicable that when they give a prduct t anther persn in the supply chain, including the installer, that the required infrmatin either supplied (r is readily available) t that next persn. Fr a manufacturer, imprter and supplier, the ways t minimise the misuse (nn-cmpliant use) f a prduct is t prvide gd quality technical infrmatin. This infrmatin culd be prvided either n r with the prduct and cntain the fllwing types f infrmatin: Scpe f use f the prduct Intended use/applicatin Any limitatins and/r cnditins n its use. HIA has member infrmatin sheet n Prduct Technical Infrmatin n yur building prducts that cvers these aspects and can be fund by clicking here. What prducts d the new laws apply t? It is unclear in the legislatin what prducts will be directly captured under the new laws. The Act prvides the Gvernment the ability t prescribe a list f prducts in regulatin but this has nt ccurred. Given there are thusands f prducts that g int a single building, the ntin that the laws apply t each and every prduct in a building is nt realistic nr practical. Further the suggestin that prduct designers, manufacturers, imprters and suppliers need t have the new required infrmatin each and every prduct and that this is passed n t each persn in the supply chain is als nt realistic. Given this uncertainty, HIA cnsiders that the new laws shuld be treated in a similar manner t the NCC evidence f suitability prvisins. These prvisins exists s the builder, building certifier, designers, engineers and the like can be prvided, upn request, with supprting evidence frm the manufacturer, supplier, etc. t demnstrate that a prduct meets the relevant requirements f the NCC fr a particular use. Therefre the new laws, similar t the NCC evidence f suitability prvisins, require sme prfessinal judgement by thse respnsible fr building apprvals and building wrk. Exercising this judgement wuld likely see a request frm builders and sub-cntractrs fr the required infrmatin fr prducts used fr key aspects f the particular building wrk. The key aspects wuld likely be thse items required t btain a Frm 21 (incl. Frm 15, 16 and 17 where applicable) final inspectin certificate. Des the required infrmatin need t be physically passed n t the next persn in the supply chain? N. The infrmatin nly needs t readily available and this culd mean in electrnic frm available n the cmpany s website. Des the required infrmatin need t be in a specific frm r type? N. The required infrmatin can be in varius frms including a certificate, reprt, a prduct technical/data sheet, advertising material, packaging, labels r a mark, etc.

5 The key is t cnfirm that the required infrmatin prvides sufficient detail and certainty abut the standards the prduct meets and hw the prduct shuld r shuld nt be used. What infrmatin is needed in the required infrmatin? Required infrmatin needs t cmmunicate the fllwing: The suitability f the prduct fr its intended use, Demnstrate the prduct meets the relevant regulatry prvisin i.e. the NCC and/r a relevant Australian Standard, the QDC, r ther standards, The cnditins and circumstances in which the prduct can be used, e.g. internal wet areas in buildings. Instructins n hw the prduct shuld be installed. Any limitatins n the use f the prduct. Can I rely n the infrmatin prvided by smene further up the supply chain? Yes and N. The new laws require that peple in the chain f respnsibility are respnsible fr the accuracy f their prduct infrmatin and representatins abut their prducts. Hwever, the laws place a duty n peple in the chain f respnsibility, when prvided with infrmatin n the prduct frm anther persn in the chain, that they satisfy themselves as far as reasnably practicable that the prduct is nt a nn-cnfrming r nn-cmpliant building prduct. HIA s advice n this matter is that similar t current building apprval cmpliance requirements an installer (builder, trade cntractr, r ther) cannt be expected t be a prduct expert and shuld be able t rely n the infrmatin received frm the manufacturer r supplier. Hwever, cautin needs t be exercised n what infrmatin is taken as acceptable. Further infrmatin? The new legislatin and Cde f Practice can be fund n the Queensland Department f Husing s website by clicking here. The fact sheet, FAQ and ther infrmatin pieces prduced by the QBCC can be fund by clicking here. HIA has als prepared a series f infrmatin sheets t assist members understand their respnsibilities under the new laws this includes: Dedicated guidance utlining and clarifying the respnsibilities fr installers (including builders and sub-cntractrs) and plumbers. Infrmatin n the new QBCC inspectr pwers & QBCC Wrkplace Health and Safety reprting bligatins. As mre infrmatin is made available frm the Queensland gvernment, these sheets will be updated. HIA members can cntact HIA s Building Services r Wrkplace Services staff fr mre infrmatin n r hia_technical@hia.cm.au

6 BUILDING SERVICES Ref: LEG Current at Nvember 2017 NEW LAWS REGARDING BUILDING PRODUCTS IN QUEENSLAND RESPONSIBILITIES FOR BUILDERS, SUB-CONTRACTORS, INSTALLERS AND PLUMBERS Frm 1 Nvember new laws regarding nn-cnfrming building prducts apply t all building prjects in Queensland. The laws create new bligatins fr peple wh design, make and sell building prducts t ensure the prducts are fit fr purpse. This is intrduced in the new laws thrugh the cncept f a chain f respnsibility fr building prducts. What des this mean? This means that a number f peple are respnsible fr verifying that building prducts supplied and used in Queensland buildings are fit fr purpse. This includes prduct designers, prduct manufacturers, imprters, suppliers and installers. Belw is an example f the chain f respnsibility under the new laws. Nte a persn in the chain may fulfil mre than ne rle. S what has changed? Under the new laws peple in the chain f respnsibility are nw able t be held accuntable fr building prducts that d nt cnfrm t the specified standards they purprt t (being a nncnfrming building prduct) r if they are nt the right prducts fr their intended purpse (being a nn-cmpliant use f a building prduct in accrdance with NCC, QDC, Plumbing Regulatins, etc.). What are my respnsibilities under the new laws? The new laws include installers as a persn in the chain f respnsibility fr a building prduct. Installers therefre wuld include builders, trades and subcntractrs, including plumbers. The respnsibilities fr each f these grups f peple are: Builders, trades and sub-cntractrs: Builders, trades and sub-cntractrs, have a respnsibility t take reasnable steps t ensure that any prduct installed in a building is nt a nn-cnfrming building prduct r a nn-cmpliant building prduct. This invlves the installer taking reasnable steps t ensure the safety and suitability f the building prducts that they use.

7 Plumbers: Plumbers are als defined as installers s have the same respnsibilities. The new laws further reinfrce that certain prducts used in a plumbing and drainage installatin must have WaterMark Certificatin, and where they dn t and they are required t have this they are cnsidered as a nn-cnfrming building prduct and subject t the new laws. This shuld reduce the risk f plumbers being requested t install nn-watermark prducts as part f a plumbing system, where these are directly surced by the builder r hmewner. What if I directly surce the prducts myself rather than thrugh a lcal supplier? If a builder, trades r sub-cntractrs are surcing the prducts t be used in the building directly frm a manufacturer, as ppsed t ging thrugh a supplier, they take n additinal respnsibilities as part f the chain f respnsibility. This may include btaining and preparing the required infrmatin and accuntable fr the infrmatin they prepare and any claims f cnfrmity. What prducts d the new laws apply t? It is unclear in the legislatin what prducts will be directly captured under the new laws. The Act prvides the Gvernment the ability t prescribe a list f prducts in regulatin but this has nt ccurred. Given there are thusands f prducts that g int a single building, the ntin that the laws apply t each and every prduct in a building is nt realistic nr practical. Further the suggestin that each and every prduct needs t have the new required infrmatin and that this is passed n t each persn in the supply chain is als nt realistic. Given this uncertainty, HIA cnsiders that the new laws shuld be treated in a similar manner t the NCC evidence f suitability prvisins. These prvisins exists s the builder, building certifier, designers, engineers and the like can be prvided, upn request, with supprting evidence frm the manufacturer, supplier, etc. t demnstrate that a prduct meets the relevant requirements f the NCC fr a particular use. Therefre the new laws, similar t the NCC evidence f suitability prvisins, require sme prfessinal judgement by thse respnsible fr building apprvals and building wrk. Exercising this judgement wuld likely see a request frm builders and sub-cntractrs fr the required infrmatin fr prducts used fr key aspects f the particular building wrk. The key aspects wuld likely be thse items required t btain a Frm 21 (incl. Frm 15, 16 and 17 where applicable) final inspectin certificate. Des the required infrmatin need t be physically passed n t the next persn in the supply chain? N. The infrmatin nly needs t readily available and this culd mean in electrnic frm available n the cmpany s website. Des the required infrmatin need t be in a specific frm r type? N. The required infrmatin can be in varius frms including a certificate, reprt, a prduct technical/data sheet, advertising material, packaging, labels r a mark, etc. The key is t cnfirm that the required infrmatin prvides sufficient detail and certainty abut the standards the prduct meets and hw the prduct shuld r shuld nt be used.

8 What infrmatin is needed in the required infrmatin? Required infrmatin needs t cmmunicate the fllwing: The suitability f the prduct fr its intended use, Demnstrate the prduct meets the relevant regulatry prvisin i.e. the NCC and/r a relevant Australian Standard, the QDC, r ther standards, The cnditins and circumstances in which the prduct can be used, e.g. internal wet areas in buildings. Instructins n hw the prduct shuld be installed. Any limitatins n the use f the prduct. Can I rely n the infrmatin prvided by smene further up the supply chain? Yes and N. The new laws require that peple in the chain f respnsibility are respnsible fr the accuracy f their prduct infrmatin and representatins abut their prducts. Hwever, the laws place a duty n peple in the chain f respnsibility, when prvided with infrmatin n the prduct frm anther persn in the chain, that they satisfy themselves as far as reasnably practicable that the prduct is nt a nn-cnfrming r nn-cmpliant building prduct. HIA s advice n this matter is that similar t current building apprval cmpliance requirements an installer (builder, trade cntractr, r ther) cannt be expected t be a prduct expert and shuld be able t rely n the infrmatin received frm the manufacturer r supplier. Hwever, cautin needs t be exercised n what infrmatin is taken as acceptable. Further infrmatin? The new legislatin and Cde f Practice can be fund n the Queensland Department f Husing s website by clicking here. The fact sheet, FAQ and ther infrmatin pieces prduced by the QBCC can be fund by clicking here. HIA has als prepared a series f infrmatin sheets t assist members understand their respnsibilities under the new laws this includes: Dedicated guidance utlining and clarifying the respnsibilities fr prduct designers, manufacturers, imprters and suppliers link t be prvided Infrmatin n the new QBCC inspectr pwers & QBCC Wrkplace Health and Safety reprting bligatins link t be prvided As mre infrmatin is made available frm the Queensland gvernment, these sheets will be updated. HIA members can cntact HIA s Building Services r Wrkplace Services staff fr mre infrmatin n r hia_technical@hia.cm.au