BUILDING CONSENT APPLICATION GUIDANCE - We are Local Government WWW.MSTN.GOVT.NZ - Masterton ...
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CONTENTS Building Legislation.................................................................................... 2 Consent Processing................................................................................... 6 The Inspection Process............................................................................. 12 Commercial and Industrial Properties...................................................... 16 Complaints................................................................................................ 19 Aditional Information................................................................................ 21 1
BUILDING LEGISLATION THE BUILDING ACT WHAT IS A BUILDING CONSENT? The Building Act 2004 provides for the A building consent is the formal approval regulation of building work, the establishment issued by a building consent authority stating of a licensing regime for building practitioners, that certain works, if properly constructed in and the setting of performance standards, to accordance with the plans and specification ensure that: will comply with the requirements of the New Zealand Building Act, Building Regulations and yypeople who use buildings can do so safely the Building Code. You cannot undertake any and without endangering their health; building work which requires a building consent yybuildings have attributes which contribute without this approval. Most building work appropriately to the health, physical requires a building consent, but some minor independence, and well-being of the people work is exempt under Schedule 1 of the Act who use them; yypeople who use a building can escape from the building if it is on fire; and WHEN IS A BUILDING yybuildings are designed, constructed, and CONSENT REQUIRED? able to be used in ways which promote A building consent is required before you sustainable development. undertake any building work, such as additions alterations or constructing new buildings, To achieve this purpose, the Act requires and pool barriers, unless exempt. Please anyone proposing to do certain building work view the Ministry of Business, Innovation and to obtain a building consent from a Building Employments guidance publication “A guide to Consent Authority (BCA) before commencing building work that does not require a building building work, with the option of obtaining a consent” at their web site www.building.govt.nz. Project Information Memorandum (PIM). The Ministry of Business, Innovation and Employment (MBIE) provide a guide for when a building consent is not required. This can be viewed at their website www.building.govt.nz 2
It is the owner’s responsibility to check that BUILDING ON LAND SUBJECT TO the tradespeople doing and or supervising the NATURAL HAZARDS: work are licensed building practitioners. Where Council identifies that the land on which Restricted work is work on homes and small- the work is proposed is subject to natural medium sized apartment buildings that is hazards, Council will consider if the work critical to the integrity of the building. is major or minor and what affect the work An exemption is available to owner-builders will have on the hazard. Depending on the (do-it-yourselfers) allowing them to carry out circumstances the consent could be refused, Restricted Building Work (RBW) on their own granted subject to a condition that a natural home and build their own home. There are hazard notification is placed on the title (This certain criteria for this and details can be will incur additional fees) or no additional found in the document ‘Obligations and action could be necessary. Responsibilities of Owner-builders and Their Council will discuss with you the refusal Building Project’. This document can be viewed or notification process if this relates to at www.building.govt.nz. your consent. Building consent applications are not accepted unless they include a Memorandum -Certificate WHAT IS RESTRICTED BUILDING of design work from a LBP certifying that the design work complies with the Building Code. WORK AND WHO ARE LICENSED Licensed Building Practitioners (LBP) will BUILDING PRACTITIONERS? also need to provide a Memorandum - Restricted building work is work that Record of Building Work when the work has must be completed by or supervised by, a been completed. licensed building practitioner (LBP). Building Further information can be found at Practitioners are licensed by the Ministry of www.building.govt.nz. Business innovation and Employment This ‘restricted building work’ applies to, but is not limited to: WHAT IS A BUILDING yyFoundations; CONSENT AUTHORITY? yyFraming; Building consent authorities are regional or territorial authorities or private organisations yyRoofing; registered under section 273 of the Building yyCladding; and/or Act 2004, and are responsible for performing building control functions under Part 2 of yyActive fire safety systems in small-medium the Act. sized apartment buildings Licensed Building Practitioners include, but are not limited to: yyDesigners; yyCarpenters; yyRoofers; yyExternal Plasterers; yyBricklayers; and/or yyBlock layers. Registered architects, chartered professional engineers and plumbers are deemed to be LBPs. 3
WHAT IS A PROJECT INFORMATION THE MEMORANDUM ALSO INCLUDES: MEMORANDUM (PIM)? Confirmation, subject to other provisions of the Act that you may carry out the building work A project information memorandum (PIM) is a subject to memorandum issued by the Territorial authority (Council) under sections 32 - 35 of the Building yythe requirements of the building consent, and Act 2004 which sets out information relevant to yyall other necessary authorisations your building work. being obtained. This is information on special land features, Copies of other information that may have including potential: some design impact on your proposed building yyerosion; work like: yyavulsion (removal of land by water action); yyDrainage plans; yyfalling debris; yyWater supply plans; yysubsidence; yyOther utility plans; and/or yyslippage; yyAny other information that Council holds that is relevant to your project. yyalluvium (the deposit of silt from flooding); Important: yythe presence of hazardous contaminants A PIM does not give any form of approval under which are known to Council which are likely the District Plan or Building Act. Contact the to be relevant to the design, construction or Masterton District Council’s planning department, alteration of your proposed building; or your own planning adviser to determine that yydetails of stormwater or wastewater utility your proposal complies with the District Plan. If systems which relate to your proposed building it does not, and resource consent is required, you work, or are adjacent to your building site. are strongly advised to obtain this before seeking A PIM also identifies any additional approvals building consent to avoid possible expensive required such as: changes to your proposal. yyResource Management Act; yyNew Zealand Historic Places Trust (heritage buildings/sites); yyFire and Emergency New Zealand (FENZ). 4
MUST I APPLY A PIM? HOW LONG DOES IT TAKE TO GET A No, PIM’s are voluntary. They may be applied BUILDING CONSENT? for separately or in combination with your Building consent processing time depends on building consent. the complexity of your project and whether or not you have provided all site specific HOW TO APPLY FOR A PIM information. Council is required to grant the building consent within 20 working days. An application for a PIM must be made on the However, if information is found to be lacking, application form available from the Masterton the time clock is suspended and not restarted District Council or visit our website mstn.govt.nz until all the requested information is provided. This form must be completed in full, and signed and dated before being submitted. To submit your PIM application, please email to HOW DO I APPLY FOR A BUILDING buildingadmin@mstn.govt.nz. If you are unable CONSENT? to submit your application electronically, please You need to complete an application form and contact the Building Team on 06 370 6300 to provide information relevant to your building discuss your options. project. You can access the forms from either: yyour website www.mstn.govt.nz , or DOCUMENTATION REQUIRED yycollect from Council offices at 161 Queen Street. All applications must be accompanied by a copy of: yya site plan; HOW DO I LODGE AN APPLICATION? Once you have gathered all the necessary yyfloor plan; information, you can email the application to yybuilding elevations; buildingadmin@mstn.govt.nz. If you are unable yysite access; and to submit your application electronically, please contact the Building Team on 06 370 6300 to yydrainage plan. discuss your options. It is important to ensure that the designer HOW LONG DOES IT TAKE? provides site and project specific documentation that clearly show Building Code Council is required to issue the PIM within 20 compliance. Poor quality applications may delay working days of the application being received. your consent. In most cases the BCA gathers PIM information in order to process your building consent. Please note: When emailing an application please use dropbox (or similar) to submit large Please note: files. Always follow up your submission with an Providing all fees are paid, the PIM will be email requesting confirmation of receipt. posted or emailed to the applicant when it is issued. If the PIM is applied for with the building consent, the timeframe for issue of both is 20 working days. 5
CONSENT PROCESSING Requests for additional information will HOW IS MY APPLICATION PROCESSED? generally be sent to the person responsible for All applications, regardless of how they are the consent. Often clouding the area of drawings received, are vetted to check if all information that have changed in response to an RFI, may has been provided, this is not a technical check. help speed up the processing of your consent Your application may be rejected at this time, if Once all disciplines involved in the process are insufficient information has been provided. satisfied with compliance, a final check is made Providing key aspects of the application form to ensure all work has been assessed correctly have been completed, the application will before the building consent is granted pending be entered into the system as lodged. The payment of fees. BCA has 3 days to vet the application and The granting of the consent shows that the either request further information or formally building consent authority (BCA) is satisfied receive the application. The 20 working day on reasonable grounds that if the project is clock commences from the date a complete constructed in accordance with the approved applicaiton is received. This will be the date the plans the project will comply with the Building application was lodged or, if further information Act, Building Code and Regulations. is required, the date that the information is received. The application is then allocated to the various disciplines within the building PAYMENT OF FEES consent authority for processing, i.e. Planning, When the building consent has been granted, an Building and Assets. Each discipline will review invoice will be generated and sent to the person your application and assess it for compliance indicated on the application form. It is extremely against the requirements of the Building Code important to use the correct reference when as prescribed in the Building Act. If there are any paying the invoice. questions or concerns, you will be requested to supply further information/clarification. The 20 Once payment has been received, the building working day time clock is suspended until this consent will be issued. information is provided in full. 6
RECEIVING YOUR BUILDING CONSENT? Your building consent and approved plans along with any supporting documentation will be sent via a dropbox link to the property owner or nominated person. You will be advised to download and securely save the documents as the link will be deleted in 10 days. If your application has been refused, a letter will be sent advising you the reasons. Work cannot start until the building consent has been granted. EXTERNAL PARTIES Some commercial project may need reviewing by the Fire and Emergency New Zealand - Fire Engineering Unit. They have 10 days to provide feedback. Your fire designer should notify you of this, if needed, and this should be clearly identified in the consent documentation. In some cases the BCA may send applications externally for review, in particular for engineering or fire peer review. When busy, the BCA may also send consents to external contractors to process your consent. HOW LONG IS MY BUILDING CONSENT VALID FOR? The Building Act provides that if work to which the consent relates hasn’t started within 12 months from the date of the issue of the consent the consent will lapse and be of no effect. This means that you will need to apply for a new consent. If a CCC application has not been made by the 2 year anniversary of the grant of the building consent, the BCA is required to make a decision on whether or not to issue a CCC. In either case the BCA will try to contact you to remind you of these provisions If the project has been delayed, you may apply for an extension to this time. 7
3. Specifications (1 complete set) - WHAT SORT OF INFORMATION DO Specifications must be relevant to the I NEED? particular building and to the plans Building consent applications can be complex. submitted. They must give a full description We recommend that you engage a professional of the type, size and grade of materials to person to help with the design work and drawings. be used, and the method of construction, Each application must be accompanied by including other trade section. the information requirements identified in the 4. Snow Loads and Wind Zones – The Mackenzie application pack which includes: - District has extreme weather conditions 1. Certificate of Title – 1 copy - no older than that must be taken into consideration for all 3 months old. Please include any Consent building undertaken with the district. Please Notices listed under Interests. refer to Appendix 1 and 2 at the end of the document for guidance on snow loads and 2. Plans – (one complete set) wind zones. Please contact the Building 2.1. Site Plan - Scale 1:200 (recommended Control team on 03 685 9010 if you have any scale). The site plan must show the questions relating to snow loads and proposed building work in relation to the wind zones. property boundaries, existing buildings, 5. Engineering calculations/fire report (if drainage and water supply systems, spot applicable) – (one complete set) If designs are levels and datum. from a CPEng engineer a site/project specific 2.2. Floor Plan - Scale 1:100. To be fully PS1 will be required. dimensional, including wall and partition 6. Alterations to existing buildings - Under sizes, designation of rooms, doors and section 112 of the Building Act, a BCA must not window openings, sanitary fittings, fixed grant a building consent to alter all or part of units, appliances such as wood-burners, an existing building unless it is satisfied that, cooking and heating units. after the alteration, the building will (among 2.3. Cross Section - Scale 1:50. To show full other things) comply as nearly as is reasonably details of construction of foundations, practicable (ANARP) with the Building Code reinforcing, floor structure, wall and roof provisions relating to means of escape from structure, insulation and height above fire and access and facilities for persons with ground level. disabilities. Section 112 of the Building Act also gives TAs some powers to allow alterations to 2.4. Elevations - Scale 1:100. Four elevations existing buildings. (if you intend to change the of the proposed building are required to use of the building different provisions apply) show all doors, windows, roof heights and external materials and finishes. To determine whether an existing building will comply ANARP with Building Code 2.5. Drainage Plan - Scale 1:200. To show requirements for means of escape from fire means and location of sewage and and access and facilities for persons with stormwater disposal systems and any disabilities after the proposed building work existing drains on site. Water supply has been carried out, BCAs and TAs will need details must be shown. (Only a certifying information on the building’s current level plumber/craftsman drain layer or of compliance. licensed person working under their supervision can carry out plumbing/ 7. Wall bracing layout (if applicable) - (1 set) drainage works.) 8. Roof truss (if applicable) – (1 set) 2.6. Details – Scale 1:5. These are generally Manufacturer’s Truss Design and structural and weathertightness details Producer Statement to show how the critical elements of the 9. E2 risk matrix (demonstrating building work are to be constructed. weathertightness features) - (1 set). 10. H1 analysis (demonstrating insulation requirements) (1 set) 8
CHANGE OF USE, EXTENSION OF LIFE IS THERE OTHER INFORMATION THAT I AND SUBDIVISIONS: MIGHT NEED? If you intend to change the use of the building New Vehicle Access - Any building which extend the life, or subdivide you may need to requires a new vehicle access must be approved. seek professional help with the application Contact the Council Assets and Operations or come and speak to us about the type of Department on 06 370 6300 to discuss this. information you may need to supply. A detailed plan showing the location of the proposed access will need to be supplied with your application. WHAT IF MY APPLICATION IS FOR A RAPID Number - Each new dwelling within the HEATING APPLIANCE ONLY? rural area is required to have a number at the gate You must complete the Building Consent similar to street numbers in town. This is essential Application form and provide all the relevant and particularly helpful in emergencies. information regarding the heating appliance, such as the make, model and year of manufacture and a copy of the manufacturer’s WHAT ABOUT A RESOURCE CONSENT? installation instructions. You must also supply Some proposals require a land use resource a complete floor plan of the building indicating consent. If you are unsure if your proposal where the appliance is to be fitted and showing requires a resource consent, you can discuss the location of the smoke detectors. Also show the details with the planning department at the evidence that the fireplace complies with the Masterton District Council. Please phone emissions regulations, www.ecan.govt.nz/data/ 06 370 6300 and ask for the Planning Department. authorised-burners. WHERE CAN I GET A CURRENT CERTIFICATE OF TITLE? Contact Land Information New Zealand on 0800 ONLINE/0800 665 463 or www.linz.govt.nz 9
HOW MUCH WILL MY BUILDING CONSENT COST? This depends on the type of application, cost of work involved and the level of detail provided. Charges are based on the length of time it takes to process an application and include costs such as: yylevies payable to the Ministry of Business innovation and Employment (payable on all applications $20,444 or more);( Building Levy Order GST inclusive) yylevies payable to BRANZ (payable on all applications $20,000 or more); yytime spent processing the application; yyinspections (type and number vary depending on application); yyissue of code compliance certificate (CCC); yyissue of compliance schedule (if applicable); yyvehicle crossing (if applicable); and yywater meter connection (if applicable). A schedule of fees is available from our website www.mstn.govt.nz, or collected from Council offices at 161 Queen Street. Fees can be paid at the office or by internet banking. If you choose to withdraw your building consent application once processing has started, you will be charged for time spent and administration costs. If your building consent application is refused once processing has started, you will be charged for time spent and administration costs. The BCA may charge additional fees for processing time where an unreasonable amount of time has had to be spent processing the consent or for additional inspections. WHO ARE THE BUILDING RESEARCH ASSOCIATION OF NEW ZEALAND (BRANZ) AND WHY IS MY APPLICATION LEVIED? BRANZ Limited is an independent and research, testing, and information resource for the building and construction industry. Further information at: www.branz.co.nz 10
may be able to be approved on site by WHO ARE THE MINISTRY OF BUSINESS, the inspector INNOVATION AND EMPLOYMENT (MBIE)? There may be a cost involved in approving the MBIE is the government department responsible minor variation. for regulating the building industry. WHAT ARE BUILDING CAN I CHANGE MY PLANS LATER? CONSENT CONDITIONS? Yes, if you need to change anything on your These are conditions imposed on your building plans, you must apply for an amendment before consent which are deemed necessary to ensure carrying out any changes to your approved plans. compliance. For example, all building consents At the end of the building project, the approved are issued subject to the condition that officers building consent documentation needs to be an of the building consent authority are entitled at accurate reflection of what has actually been all times, during normal working hours, or while built. Changing the details of the original consent work is being done, to inspect building work drawings can be completed in two ways via either which is being carried out. Other conditions a site variation or an amendment. If you have may be in relation to building on a site subject to made changes without approval the BCA may specific hazard conditions or building over two stop your job until the changes are resolved. or more allotments for example. AMENDMENTS WHAT ARE BUILDING CONSENT Amendments are those where work is outside the scope of the original consent e.g. additional ENDORSEMENTS/ADVICE footprint or increases in floor area, construction NOTES/REMINDERS? method, and significant changes to layout. An Building consent documents are often endorsed amendment form is required to be completed or have notes added by the consenting authority and fees payable. to remind the building owner about specific aspects of construction to achieve compliance. MINOR VARIATIONS For example a note may be added regarding specialist inspections that may be required. Minor variations are changes that do not usually These endorsements will be noted on the actual affect compliance with the Building Code e.g. consent. It is important that you read and changes to types of taps, the position of kitchen understand all endorsements of the building joinery, and non-structural walls or doors. You consent before commencing work. If you do not may need to provide information to record the understand any endorsement imposed, please change however it is not necessary to complete contact us to discuss. a new building consent application form. This 11
THE INSPECTION PROCESS In some cases commercial finals will require WHEN CAN WORK BEGIN? two inspectors to undertake the inspection and Although work can begin when you have review specified systems. received your building consent, if a resource Nonstandard inspection types will be noted on consent is required, you may need to wait until the inspection list for your consent that is also issued. Sometimes it is necessary for specialists to conduct inspections in addition to the WHAT INSPECTIONS DO I NEED? inspections carried out by the Building Consent In most cases a building officer from Council will Authority (BCA). If a specialist inspection need to visit the building at various stages during is necessary you will be advised before the the work to ensure work complies with the consent is issued. Generally, these inspections consent. Typically the inspector will record the are necessary to confirm ground stability or inspection by making notes and taking photos. specific design by a registered engineer. When your application is processed, the building It is the owner’s responsibility to ensure that the officer will determine what inspections are BCA is contacted at the appropriate times to necessary. Each inspection will be identified on undertake the required inspection. The Building your site check sheet attached to your building officer will email a copy of the inspection sheet consent. Typical inspections may include but to the contact person. not limited to foundations, concrete masonry, Please ensure you read inspection requirements concrete floor slab, pre-cladding, cladding, pool and are familiar with them before commencing fencing, wet area membranes and fireplaces, work. If in doubt, please ask. pre-line building and plumbing, post-lining, drainage and a final. Missed inspections may mean that a CCC cannot be issued. 12
HOW DO I BOOK AN INSPECTION? WHAT IF THE INSPECTION IS Building inspections are booked through the NOT APPROVED? administration team by phoning 06 370 6300 (do If the inspection fails, the work to be fixed not contact the building inspectors directly). will be recorded on the site inspection sheet. Inspections are undertaken Monday - Friday Another inspection will be required to inspect 9.00am to 3.00pm (excluding public holidays). the remedial work. In some cases work may have Fixed time inspections are completed under to stop, in others some work may be allowed special circumstances. to continue or an amendment may need to be You must provide the following information when applied for. If the work is not remedied to the booking an inspection: satisfaction of the building officer, it is possible yysite address; that a Notice to Fix (NTF) will be issued. yybuilding consent number; yyname and telephone number of contact person RE-INSPECTIONS MAY INCUR on site; ADDITIONAL CHARGES. yyEmail address of where the site inspection Please note that building control officers may result will be sent to. refuse to complete the inspection if the site is seen to be unsafe. yydate and time the inspection is required; and yyType of inspection, ie plumbing, drainage, foundation, pre-slab, pre-line, etc. WHAT IS A NOTICE TO FIX (NTF)? yyIf RBW please provide the names of any A NTF is a formal notice issued by the building relevant LBP’s including licence references consent authority advising that certain works have not been carried out in accordance with Please Note the building consent or the Code/Act. If an NTF It is your (or your builder’s) responsibility to is issued you must address the issues identified notify Council a minimum of 24 hours before you within the prescribed timeframe to prevent require an inspection. further action being taken. Typically an NTF will be issued for serious or ongoing breaches. HOW DO I KNOW IF THE INSPECTION If a notice to NTF is issued, documentation identifying and explaining the process will HAS BEEN PASSED? accompany it. We would prefer to work with you At the conclusion of all inspections the outcome to get compliance. of the inspection is recorded on the site inspection sheet and emailed to the nominated person. It is recommended that the owner or an agent is available on site for all inspections to ensure they are clear on the outcome. You may be asked to stop work or continue with conditions (conditional continuation) if the inspector fails the inspection or work is non- compliant or unsafe. Please Note No plans and documentation on site - No inspection. 13
DO I NEED A FINAL INSPECTION? Yes, all building consents require a final inspection. The purpose of the final inspection is to ensure that all work is completed to the extent required by the Building Consent. Although there is no imposed time frame on an owner to complete work, on the 2 year anniversary of the granting of your consent the BCA is required to decide if a CCC can be issued. If you cannot complete the work within this timeframe, it is essential that you contact us to discuss time frames. An owner must apply for a CCC once all the work described in their building consent is completed. To make an application you must complete a CCC application form including filling in details of who did the work and when the work was completed This can be found on the Building and Planning page on our website www.mstn.govt.nz. Once the application has been made the BCA has 20 working days to decide whether to issue a CCC. The BCA will complete an inspection, if a final inspection has not already occurred, and ensure all documentation has been received. The required documentation will be listed on the building consent If all building work complies and documentation supplied a code compliance certificate may be issued. If CCC cannot be issued the 20 working day clock is stopped and further information sought or the CCC will be refused. The CCC can only be issued where the BCA is satisfied on reasonable grounds that the work complies with the consent WHAT IS A CODE COMPLIANCE CERTIFICATE? A Code Compliance Certificate (CCC) is the final certification confirming that the BCA is satisfied on reasonable grounds that all works undertaken complies with the building consent. You must apply for a CCC after all work has been completed. This is an important document and should be retained for future reference. A CCC can be withheld until any outstanding fees for the likes of additional inspections etc. Fees can be paid by internet banking or at the Council offices. 14
Please note: PRODUCER STATEMENTS It is strongly recommended that you check with In some case the BCA may accept a producer the building department to ensure the engineer statement from a suitably qualified person you are using is competent to do so. verifying compliance with the Code or consent. Identified also are additional inspections A producer statement (expert opinion) for required by the suitably qualified design (PS 1) has, in the past, been accepted independent design professional that are to in the processing of a Building Consent which be carried out along with and including BCA clearly identifies the intent of the design and inspection requirements. construction details required for completion. A Construction review PS4 (statement of expert Some details of your building consent may be opinion) will be required to be issued by the required to be peer reviewed by a Chartered agreed suitably qualified independent design Professional Engineer (CPEng). A Producer professional where requested prior to issuing a Statement (PS2 Design Review) will be required Code Compliance Certificate. It must state that to be supplied from the CPEng. the building was constructed as per the building Council can complete this process for you or consent documents and be accompanied by you can elect to have the structural design copies of all inspection reports and site notes reviewed by your own engineer. All costs are the for the project made during construction of the responsibility of the owner. building works. Below are details for when a peer review is or isn’t required: SITE SAFETY FOR INSPECTORS yySimple designs to NZS3604 i.e. bracing, You are responsible for the safety of visitors foundations would not need to be reviewed. to the work site including those undertaking yySimple steel beams (with good connection building inspections. You must provide safe details shown) would also not need to be access to parts of the construction necessary peer reviewed. for inspection. Ladder access must be securely yySheds with an importance level 1 and in a rural founded and tied. Scaffold access and roof edge situation i.e. hay sheds do not need to be protection is generally required. Inspectors will peer reviewed. not inspect unsafe sites. yyA shed with an importance level 2 and to be used for residential dwellings do need to be WHAT ARE MULTI-PROOF APPROVALS? peer reviewed. Multiproofs are issued by the National Multiple- yyComplex designs outside the scope of Use Approval Service of the MBIE. A multiproof is NZS3604 and structural designs completed a statement by the Ministry that a specific set of by an engineer that isn’t a CPEng, whether building plans and specifications complies with deemed simple designs or not, would need to the New Zealand Building Code (NZBC). be peer reviewed and a PS2 would need to be supplied with the building consent. A MultiProof is not, and does not replace, a building consent. The holder of a MultiProof If you choose to have the design peer reviewed must obtain a building consent each time using your own engineer please ensure that the they wish to construct the design to which engineer who completes the peer review (and the MultiProof relates. The BCA will only need provides the PS2) is a Chartered Professional to assess the Building Code compliance of Engineer (CPEng) and has the correct site-specific features that are excluded from competence to complete the review. Council will the MultiProof, the BCA has 10 Days to issue a require evidence that the engineer is a CPEng and that their area of expertise is suitable to MultiProof consent. complete the review of your design. These details can be found at www.ipenz.org.nz or by contacting the Institution of Professional Engineers (IPENZ) on 04 473 9444. 15
COMMERCIAL AND INDUSTRIAL PROPERTIES SECTION 363 PUBLIC PREMISES WHAT ARE PUBLIC PREMISES? It is the owner’s decision as to when a building Any building which is open to the public can be occupied however, if your building is whether free of charge or by payment of a open to the public, whether free of charge or charge, including: by payment of a charge, the building cannot yyshopping malls; be used or occupied until a Code Compliance Certificate (CCC) is issued. yycinemas; In certain circumstances it may be possible yymarae to apply for a Certificate for Public Use (CPU), yycamping grounds which will allow a building or part of a building to be used before the Code Compliance Certificate yyvisitor accommodation is issued. Each application will be considered on garages and workshops; a case-by-case basis. yyfuneral homes; yyoffice and retail complexes; and yyrest homes, etc 16
WHAT IS A COMPLIANCE WHAT IS A COMPLIANCE SCHEDULE SCHEDULE (CS)? STATEMENT? A Compliance Schedule is a document issued A compliance schedule statement is issued by the building consent authority for buildings by the Building Consent Authority (BCA) and which contain specified systems. Specified serves as temporary notification of Compliance systems include: Schedule (CS) requirements. It will list the inspection, maintenance and reporting yyautomatic systems for fire suppression; procedures necessary to keep the specified yyautomatic or manual emergency warning systems in good working order. It is issued at the systems for fire or other dangers; same time as the Code Compliance Certificate yycable cars.(residential dwellings) (CCC). It must be replaced in 12 months with a Building Warrant of Fitness (BWOF), which is yyemergency lighting systems issued by the building owner. yylaboratory fume cupboards yysmoke control systems HOW DO I OBTAIN A yyother fire safety systems or features (systems COMPLIANCE SCHEDULE? for communicating information intended to facilitate evacuation, final exits, fire A compliance schedule must be applied for at separations, signs); the same time a building consent application is made and will be issued with a Code Compliance yyemergency power systems for, or signs Certificate (CCC) by the Building Consent relating to, a system or feature specified for Authority (BCA) for: any of the above yynew buildings (if the building has one or more yymechanical ventilation or air conditioning specified systems); or systems yyan upgrade to an existing building or systems, yyelectromagnetic or automatic doors or required as a result of a change of use or windows; alterations, which may also require a yyescape route pressurisation systems building consent. yyriser mains for use by fire services When applying for a CCC for a building that contains specified systems you should attach yyautomatic back-flow preventers connected to to the application relevant certification for a potable water supply the specified systems as well as details of the yybuilding maintenance units providing access to specified systems and plans showing specified exterior and interior walls of buildings system locations and or layout. yylifts, escalators, travelators, or other systems for moving people or goods within buildings WHAT INFORMATION DO I NEED yyaudio loops or other assistive IF I AM APPLYING FOR A listening systems COMPLIANCE SCHEDULE? A compliance schedule must be kept on site and made available to building officers, Independent Your architect/designer should provide you Qualified Persons (IQP’s) and authorised agents. with information relating to the performance standards for each specified system contained within the building at the time the application for building consent is made. The performance standards will identify the inspection, maintenance and reporting procedures required for each system. The appropriate forms are available from icc.govt.nz/building/sbcg-forms. 17
CAN I BE PROSECUTED FOR NOT WHAT DOCUMENTS SHOULD I KEEP OBTAINING A COMPLIANCE SCHEDULE REGARDING THE BUILDING WARRANT OR IF MY BUILDING WARRANT OF OF FITNESS (BWOF)? FITNESS HAS EXPIRED? You are legally required to obtain written reports relating to the inspection, maintenance Yes, depending on the alleged offence, the fine and reporting procedures of the compliance ranges from $20,000 to a maximum of $200,000. schedule which must be signed by the independent qualified persons, or licensed WHAT IS A BUILDING WARRANT OF building practitioner who has carried out any of the listed procedures, (inspection, maintenance FITNESS (BWOF)? or reporting). A Building Warrant of Fitness (BWoF), (Form You are required to keep all reports together 12), is a statement issued annually on the with the Compliance Schedule (CS) for a period anniversary of the issue of the Compliance of two years and produce those reports for Schedule by the building owner to Council inspection when required. stating that the requirements of the compliance schedule have been fully met. The Building Warrant of Fitness (BWoF) must WHAT IS AN INDEPENDENT QUALIFIED have attached to it all certificates of compliance PERSON (IQP)? issued by the Independent Qualified Person An IQP is a person who is qualified to carry out (IQP). These documents must be issued in the any performance inspection, maintenance, prescribed form (Form 12A) and certify that reporting or recommendation on a the inspection, maintenance and reporting specified system. procedures stated in the compliance schedule (CS), have been fully complied with during the All IQP’s are required to be registered with Council. previous twelve months. 18
COMPLAINTS WHAT HAPPENS IF I AM UNHAPPY HOW DO I MAKE A COMPLAINT? ABOUT ANY DECISION THE BUILDING You can make a complaint in person; however it CONSENT AUTHORITY HAS MADE? must be accompanied by a written statement. Complaints not made in writing or made You have the right to appeal any decision the anonymously will not be acted upon. Building Consent Authority (BCA) has made, or to Complaints about our BCA functions can be complain about any building control function the made on the following link, www.mstn.govt.nz/ Building Consent Authority (BCA) undertakes. A make-a-complaint customer has a right to complain and have their complaint managed. COMPLAINTS SHOULD BE WHAT IS A BUILDING CONTROL ADDRESSED TO: FUNCTION? Planning and Building Manager Masterton District Council A complaint in relation to building control is PO Box 444 defined as a complaint about: Masterton 5840 yymeeting statutory time frames; yylodgement or vetting of building consent applications; WHAT INFORMATION IS REQUIRED? yydate incident occurred; yyprocessing of building consent applications; yynature of complaint (guidance information, yyinspection of work under construction; vetting, lodgement, inspection, notice yyissuing of a notice to fix; to fix, code compliance certificate or yyissuing of code compliance certificates; compliance schedule); yyissuing compliance schedules; yycopies of any supporting information (if applicable); and yyfailure to provide appropriate information or advice; yyrelationship (customer, regulator, yyfees and charges; and or stakeholder). yyfailure to meet legislative or Building Code requirements. 19
HOW LONG DOES IT TAKE? WHAT ELSE CAN I DO? All complainants will be responded to within If you are still unhappy or choose to use an 2 working days acknowledging the receipt of alternative route to settle a matter of doubt the complaint and advising a timeframe for or dispute, you may apply to the Ministry of investigation and response. Business, Innovation and Employment (MBIE) for a Determination. Visit www.building.govt. All complaints will be acted upon within 2 weeks nz for further information on this service and to of receipt of the complaint, unless a request for download the form (Form 14). further information is made. In some cases you can seek a determination from the Ministry of Business innovation and DO I HAVE A RIGHT OF APPEAL? employment where there is a matter of doubt Yes, if you do not agree with the outcome you or dispute or lay a complaint with the MBIE may request a review of the decision. All appeals regarding building control function. Queries of must be made in writing, setting out the reasons this nature should be made to MBIE direct why you disagree with the decision. ALL APPEALS SHOULD BE ADDRESSED TO: Chief Executive Masterton District Council PO Box 444 Masterton 5840 20
ADDITIONAL INFORMATION USEFUL WEBSITES/TELEPHONE NUMBERS USEFUL PUBLICATIONS Ministry of Business, Innovation, and NZ Homeowners’ Project Workbook – Your Guide Employment (formerly DBH) to Building a Better Home (order local copy at: www.dbh.govt.nz www.buildingguide.co.nz or 09 360 8885 0800 60 60 50 Guide to Applying for a Building Consent (Simple Environment Canterbury Residential Buildings) – Department of Building http://www.ecan.govt.nz/ and Housing 0800 324 636 The Building Act and You – Department of BRANZ Building and Housing www.branz.co.nz 0900 5 9090 Consumer Build (Independent advice) www.consumerbuild.org.nz/publish Land Information New Zealand www.linz.govt.nz Building Research www.buildingresearch.org.nz Institution of Professional Engineers of NZ www.ipenz.org.nz 04 473 9444 Fire and Emergency New Zealand – Building Design for Fire Safety https://fireandemergency.nz/ Fire and Emergency New Zealand – Home Sprinklers https://fireandemergency.nz/at-home/home-sprinklers/ NZ Homeowners’ Building Guide www.buildingguide.co.nz 09 360 8885 21
PHONE 06 370 6300 8am - 5pm EMAIL Council@mstn.govt.nz CALL INTO Masterton District Council 161 Queen Street, Masterton 8am - 4.30pm WRITE TO Masterton District Council PO Box 444, Masterton 5840 WWW.MSTN.GOVT.NZ 24
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