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From Building networks

Making Up Your Own Rules

28/3/2017

3 Comments

 
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Tip: Know who you are dealing with and what they want from you
I have noticed recently how many Councils, IQP firms, BWOF companies, LBP firms, even MBIE etc make up their own rules and some of them aren't lawful (it is the cost of doing business with them, guidance, suggestion or at worst the Bluff Act!)

​
For example:
1. A Council cluster group requiring drainlayers to fill in LBP records of work prior to issue of CCC. 
(Drainlayers are NOT LBPs, 2. A CCC cannot be held up for LBP records of work of any kind any way)
2. Compliance company filling in 12A template sending to IQP and expecting the IQP to do one site visit and sign the form.
(IQP has not seen the Compliance Schedule and has not been on the job 12 months. While the system may be fully functional after one service it is not lawful for the IQP to complete the 12A form having not seen all the requirements listed in the Compliance Schedule).
3. Biggest bluff in town - You must get a fire engineer to do a fire report for an upgrade to existing building. Now that requirement has never been and is not int he Building Act. The fire compliance analysis is not the exclusive privilege of the Fire Engineering community, an architect can do it, an IQP can do it, a FM or property manager who knows the site intimately can do it.
4. MBIE staff - you MUST supply a draft Compliance Schedule on issuing the building consent or CPU. It does not state that in the Building Act anywhere and whilst it may be handy it is not a legal requirement.
Its guidance and a suggestion from MBIE only!
5. LBP company - The Director of the company who IS the LBP but has not been to site EVER signs the record of work ticking supervision! THIS IS UNLAWFUL - do I really need to spell out why!
Now if all or some of these observations and tips offend you or make you curious then I would love to talk this through with you and put the record straight!

FOR BUILDNET members: I will be online at our favourite hangout to talk about all these on MONDAY 3 APRIL 2017 10am - 10.30am
(BUILDNET members will be sent a link to our hangout inviting you to join me)


If you are not a BUILDNET member and would like to join the conversation you can. Sign up for the basic membership package first and lets get you on the call.

http://www.buildingnetworks.co.nz/buildnet.html

3 Comments
Mike Cox
29/3/2017 03:56:27 pm

Love it Rosie. Personally I believe its the bluff act when you know better but generally i have found that's asking for things you cant is simply a case of ignorance

Reply
Bob Tidd
29/3/2017 04:28:01 pm

I basically agree with your notes Rosie, but would note that under the part about the fire reports, it should be noted that a designer can do it, you only mention an architect who quite frankly would hardly ever do it, but take the point they can do, but then so can draftsmen and draftspeople (as they may wish to be called) aka 'designers' are the more appropriate general label for all building designers, who are not always architects.
the other issue but not noted here is chch council etc are too focused on the MBIE guidance document for EQ repairs and rebuilds, they (MBIE) state at the start of their document it is only a guidance and not legislation, yet council staff and engineers all seem to think it is absolute law, it is not.

Reply
David Clancu
30/3/2017 01:12:58 pm

Well blow me over with a feather. The whole lot are ignoring the Building Act altogether. Councils are making theit own rules passing rulings on the Act that are completely the opposite of the Act. They are not doing as they should under the Act. I also note these compliance consulting companies are also doing what they want completely against the Act. IQP, a are not following the rules set our by the Act. The whole needs to be looked at thoroughly.

Reply



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