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Important note: the below information is a general guide only and should not be relied upon. Readers should take independent legal advice specific to their own particular situation.
The new Building Act 2004 and subsequent Building Amendment Act 2005 (together “the Building Act”) are now in force and there are some essential changes relative to the old Act.
DoorTech is qualified to work in accordance with the Building Act in respect of doors and provide annual reporting (previously known as IQP Reports) in relation to such work. It is necessary for a building owner to hold such reports on file to evidence that compliance schedule maintenance has been undertaken for the purposes of “signing off” the annual Building Warrant of Fitness.
Such reports do not need to be dated or produced to coincide with the annual Building Warrant of Fitness date. Rather, such reports need to be on hand and not be more than 12 months old, at the time they are used to support a related Building Warrant of Fitness.
Questions and answers in respect of the Building Act:
Q1: Is there any such thing as an IQP under the Building Act?
A1: Under the Building Act an IQP is now called a Licensed Building Practitioner (“LBP”). However under the Building Amendment Act 2005, a transitional provision allows IQPs to operate as LBPs until November 2009. After 2009, all persons including IQPs will be required to re-register as LBPs if they have not done so earlier.
Q2: Is there any change to IQP reporting?
A2: Yes, under the new Building Act the old IQP report is now substituted with a new style report which is called a “Certificate of Compliance with inspection, maintenance and reporting procedures” - referred to, and formatted as, a 12A form.
Q3: Does a 12A form have a standard layout/format?
A3: Yes and no. The 12A form does not need to be of a single standard format, however, it must show certain minimum information and some standard wording as specified under the Building Act.
Q4: What happens where a new customer requires a 12A form and DoorTech has not maintained the customer’s doors for the full year cycle shown on the compliance schedule?
A4: DoorTech will fill in the “months prior” space on the 12A form to show the period the system/s have been maintained for - as is required under the Building Act. Usually 12 months would be filled in for existing customers.
Q5: Who is responsible for producing a correct compliance schedule under the new Building Act?
A5: Under the new Building Act, it is the responsibility of the relevant Local Territorial Authority.
Q6: Can a compliance schedule produced under the old Act be signed off by an IQP/LBP in accordance with the new Building Act on a 12A form?
A6: Yes, under the Building Amendment Act 2005, there is a transitional provision to allow this.
Q7: What happens if DoorTech can not sign off the strict yes/no compliance wording on a 12A form because of non-compliance issues?
A7: DoorTech will sign off such 12A form PROVIDED one or more standard non compliance report formats are attached with Yes or No boxes ticked to signify whether or not any reports are attached which must be read in conjunction with the 12A wording.
Q8: Are DoorTech’s non-compliance reports also of a standard format?
A8: Yes, so they can be quickly produced to a consistent standard.
Q9: Where does DoorTech access all the information that now needs to be entered onto a 12A report form (such as legal building owner, DP number, etc) and how does DoorTech know/check all such information is correct?
A9: The information required is shown on the compliance schedule that DoorTech must obtain a copy of from the building owner or their representative so that reference details can be correctly copied across to the 12A reports.
Q10: What is meant by a compliance schedule?
A10: A detailed compliance schedule issued by the Local Territorial Authority identifies the particular systems and the maintenance standards and frequency of application applicable to such systems (along with the persons authorised to undertake the various components of such maintenance). For example a compliance schedule may nominate the main fail-safe auto entry door and a panic egress door and set out the maintenance required. It may also state a building owner may carry out monthly inspections but an IQP must carry out the quarterly and annual inspection/maintenance.
Q11: What will happen to old IQP reports in the system already issued?
A11: These will eventually fall out of the system and be replaced by more recent 12A reports. Building owners are in any event only obliged to keep reports going back two years.
Q12: When will customers be expected to provide DoorTech with up to date compliance schedules to meet the requirements of the new Building Act?
A12: DoorTech will seek copies of such compliance schedules in due course over the next year and each year thereafter as a part of due process usually preceding each next due site visit.
Q13: What happens if a customer is unable to supply a compliance schedule relating to doors?
A13: DoorTech will still be able to do the maintenance work but will be unable to produce a 12A report in accordance with the new Building Act.
Q14: What is the situation when a compliance schedule specifies only some of the doors DoorTech currently maintains for a customer?
A14: If the doors omitted are ones that DoorTech believes should be included, DoorTech will, by way of a report attached to the 12A form, set out a recommended change to the compliance schedule (showing reasons for inclusion). For example, DoorTech may recommend that the stairwell smoke-stop doors should be included because such doors are required fully self shut at all times in accordance with the building code design purpose. DoorTech may also show a recommended increased frequency of inspection and adjustment where high use, importance or Health & Safety is a factor.
Q15: What is the rationale for maintaining doors not listed on a compliance schedule?
A15: DoorTech maintains doors and closers for many reasons. Doors can often be high use important working mechanisms that need to be kept in correct adjustment to provide safe and proper design functionality. Not only is maintenance important from a Health and Safety perspective, but it also minimises premature and unexpected breakdowns while extending the working lives of door installations. The Building Act addresses maintenance from a relatively narrow perspective (the interpretation of which over time may become more inclusive of code requirements and Health & Safety). For example, a roller door is rarely shown on a compliance schedule because (unless a wicket door is included) it is rarely a designated escape path door. However, DoorTech has always considered roller doors to be no less deserving of maintenance than most other doors given the Health and Safety risk that arises through maintenance neglect. As an example, DoorTech understands that a person was killed in Australia when a roller door dropped down crushing them as a result of the main shaft wearing through to the point it could no longer support the door weight. Simple inspection (lubrication, adjustment and repair also being prudent) would almost certainly avoid this type of accident.
To finish, DoorTech has a range of specialist skills necessary to both meet and exceed the current requirements of the new Building Act 2004 and the Building Amendment Act 2005 in respect of Doors and their closing mechanisms. If you as a customer have any further questions, please feel free to contact us for furthur information. |