from the office of the mayor city of onkaparinga€¦ · this letter highlights key matters of...

From the office of the Mayor City of Onkaparinga

Ref 5037708

12 December 2019

Michael Lennon

Chair

State Planning Commission

By email: [email protected] Dear Mr Lennon Submission on Draft Practice Direction on Council Inspection Policies Thank you for the opportunity to provide feedback on the Draft Practice Direction on Council Inspection Policies We understand that the purpose of the discussion paper is to review both the functionality and effectiveness of the policy in addition to the scope of matters addressed by the Practice Direction. The Practice Direction seeks to mandate inspections relating to the risks associated with occupant and life safety for all classifications of buildings. Council at its meeting held on the 10 December 2019 endorsed the attached submission and responses to discussion questions. This letter highlights key matters of importance to council generally with more detailed comments enclosed in the submission tables.

Overall purpose The background paper clearly sets out the purpose of the proposed inspection policy in that it intends to focus on occupant and life safety, and is not intended for general consumer protection There are concerns relating to the minimum mandatory inspections for dwellings remaining at 66%. The recommendations from the Botten Levinson report is consistent with the recommendations of the Shergold-Weir report, in that there should increased levels of mandatory inspections for dwellings. These should Include, framing and roof trusses, bushfire protection (where relevant) wet areas and completion. The draft policy appears to be at odds with this recommendation as inspection levels only cover a requirement of 66% of dwellings with a minimum of 1 mandatory inspection. Council has welcomed the addition of mandatory inspections for all commercial buildings.

mailto:[email protected]

mailto:[email protected]

2

Who may inspect

It is acknowledged by council that authorised officers appointed under regulation 112 of the General Regulations may undertake inspections of buildings outside the scope of their accreditation level. This is generally welcomed as it allows council the opportunity to upskill their current staff. Additional guidance or clarification should be provided to ensure that accredited professionals are only undertaking inspections 1 level up from their accredited level i.e. A level 4 can inspect works to that of a level 3, a level 3 can inspect works to that of a Level 2 etc.

Statements

Council supports the reintroduction of statements with tighter controls around their use and enforcement if not supplied within specified timeframes.

Fees It is unreasonable to place further financial burden on councils without adequate commensurate compensation and fees should be adopted for all inspections provided for under this practice direction, mandatory, additional, follow up or otherwise and the fees should be based on a full cost recovery basis.

Process In principle the inspection process and recording of mandatory notifications is well set out. Further consideration should be given to providing guidance on the counting of inspections. There is currently some confusion around commercial developments and the use of the term “relevant buildings”. We welcome the opportunity to discuss the matters raised above and should you have further questions, please contact Ian Randell, Team Leader Building and Development Compliance on or email . Yours sincerely

Erin Thompson Mayor

DRAFT PRACTICE DIRECTION – COUNCIL INSPECTION POLICIES SUBMISSION - November 2019

Part/Clause Extract from Practice Direction Comments

Part 2 – Inspection Policy

1. Application 1. Subject the terms of this practice direction, upon

commencement this practice direction applies to the councils listed at Appendix 1 Part 1.

2. This practice direction does not apply to the councils listed at Appendix 1 Part 2.

3. This practice direction does not apply to development not

within a council area.

Note: The practice direction will be varied, at a later date, to also apply to the councils listed in Appendix 1 Part 2, once the

Act is operational state-wide. This is necessary to ensure the introduction of the practice direction mirrors the phased

introduction of the Act

General scope – no comments.

2. Mandatory inspections

1. A council must comply with the requirements set out at Appendix 2 relating to:

(a) the kinds of development which require

inspection; (b) the proportion of developments which require

inspection in each council area; (c) the timing of any inspection required in relation

to each building; and (d) the number of inspections required in relation

to each building, (mandatory inspection requirements).

2. A council must take all reasonable steps to ensure that each inspection carried out under this practice direction includes

an inspection and assessment of the adequacy of each of the following elements, as may be present:

(a) primary structural elements;

(b) structural framing and roof trusses; (c) balustrades;

(d) cladding; (e) egress provisions;

(f) bushfire protection systems;

Further to reviewing the Draft Inspection Policy, the Background Paper prepared by the Commission and the report to the Minister for Planning by Botten Levinson it appears that the recommendations provided by Botten Levinson have largely been dismissed resulting in little to no change from the current statutory requirements to class 1 buildings. The elements of inspections are generally supported, however there is concern as the 1 business day requirement to attend having received a statement of compliance. The City of Onkaparinga has an area of approximately 550km2, with some rural, semi-rural, industrial and residential. There is potential for large distances to be travelled between locations/inspections and the existing 2-day turnaround is adequate. There is no justified reasoning behind removing the


Part/Clause Extract from Practice Direction Comments (g) passive and active fire safety elements;

(h) private bushfire shelters; and (i) performance solutions.

3. In this clause, ‘passive and active fire safety elements’

includes, but is not limited to, the following elements, as

may be applicable in the circumstances: (a) fire rated construction;

(b) fire safety elements, including, but not limited to, smoke alarms; and

(c) fire protection systems, including, but not limited to,

bushfire protection systems.

mandatory inspection requirement for roof framing in dwellings given the high failure rate (approximately 80%) in this council area where builders are aware of the mandatory inspection policy and continue to frequently fail these inspections. The draft policy enables council to have greater flexibility in its inspection policy, however councils currently have the ability to request mandatory inspections are undertaken in class 1a dwellings. i.e. fire wall inspections, footing systems inspections etc. There are concerns relating to the minimum mandatory inspections for dwellings remaining at 66%. The Botton Levinson report, remains largely consistent with the recommendations of the Shergold-Weir report “Building Confidence - Improving the Effectiveness of Compliance and Enforcement Systems for the Building and Construction Industry across Australia” (also supported by the Building Ministers Forum and endorsed by the State Government) in that there should be 4 mandatory inspections for 100% of dwellings. These should Include, framing and roof trusses, bushfire protection (where relevant) wet areas and completion. The draft policy appears to be at odds with this recommendation as inspection levels are set at 1 mandatory inspection, and there is no longer any focus on framing, leaving councils to effectively set their own additional inspection requirements based on their knowledge of non-compliant or non- conforming historical issues.



Recent events in NSW and Qld relating to bushfires are evidence that bushfire seasons are commencing earlier and ending later. The severity with which bushfires are destroying properties is increasing due to above average temperatures, below average rainfall and the continual high winds. A greater focus is required on bushfire protection measures. Currently regulation 83A of the Development Regulations includes the provision: “A person must not occupy a Class 1a building under the Building Code (or an addition to a Class 1a building) that has not been fully completed in accordance with a development authorisation insofar as it relates to the

performance of building work unless— (e) if the building is in a bushfire prone area under

regulation 78, the building complies with Clause P2.3.4 of the Housing Provisions of the Building Code and any relevant requirements of Minister's Specification SA 78

There is no record of compliance with the above as this has

not previously been a mandatory inspection requirement. If the Commission is truly keen to hone the focus on ensuring occupant and public safety, health and hygiene and maintain confidence and integrity in the development control system, then it would seem fit and appropriate to set the levels of mandatory inspections for 100% of class 1 dwellings to a minimum of 2 inspections per dwelling (framing and completion) and where there is increased risk due to bushfire, then an additional mandatory inspection should be required to ensure the relevant provisions have been installed / constructed. The notification and inspection regime should be linked to



certificates of occupancy and compliance. The draft practice direction accounts for only 66% of class 1a dwellings leaving a large proportion of dwellings uninspected. Currently, community expectation is that all dwellings would require a certificate of occupancy and be fit for occupation, therefore mandatory completion inspections for 100% of class 1a dwellings should be included in the practice direction. These inspections should be linked to the issuing of Certificates of Occupancy once deemed compliant. There should be also be a greater focus placed on statements of compliance and failure to comply with requirements relating to mandatory completion inspections and satisfactory inspection results. It is not uncommon for builders and home owners to sign off statements of compliance whilst the life safety provisions are yet to be installed (contractually, installation may be by owner). Tighter control of the completion of statements of compliance and certificates of occupancy should be considered.

3. Additional inspections

1. Clause 2 of Part 2 is not an exhaustive statement as to the

requirement of a council to carry out an inspection. 2. A council should undertake an inspection in addition to any

specified in clause 2 of Part 2 (additional inspection) if it

has information to indicate that the circumstances warrant it, having regard to the objects

3. Circumstances that may warrant an additional inspection, having regard to the objects of this practice direction,

include, building work in relation to: (a) a building intended for use or occupation by large

numbers of people, particularly simultaneously;

(b) a building intended for use of or occupation by disabled or vulnerable persons;

This clause is generally welcomed. Council currently has a follow up inspection rate of approx. 80% on class 1a dwellings, approx. 100% on swimming pools / spas and approx. 50% in class 1b-9s. There is reasonable scope within clause three to allow councils to follow up with those in the industry that continue to repeat offend. This enables councils to target areas to distinguish between the likelihood of non-compliance and the consequences of non-compliance. Presentations from DPTI indicated that the inspections are


Part/Clause Extract from Practice Direction Comments (c) a building in respect of which the council has been made

aware of a complaint or regulatory issue, whether directly or indirectly, relating to the building or any person involved

in the building work; (d) a building with energy efficiency requirements where

risks associated with non- compliant installation, including a

failure to install, present a threat to human safety that is not trivial;

(e) a building constructed by a person who is not a licensed building work contractor under the Building Work

Contractors Act 1995;

(f) a building subject to local environmental conditions in respect of which additional measures are required to

protect the environment, the building and its occupants or users including, by reason of increased risk of: bushfire,

high to moderate winds, flooding or soil movement; or (g) a building incorporating construction properties or

products, including but not limited to fire-rated

construction, fire safety elements or designated building products, where risks associated with non-compliant

installation, including a failure to install, present a threat to human safety that is not trivial.

not compliance inspections, or consumer protection inspections. Clause 3 (g) indicates otherwise. It is currently unclear as to where the liability sits when these products / non compliances are / are not identified in the visual site inspection. Should the final practice direction remain unchanged, council administration will endeavour to ensure all dwellings are inspected at framing and completion stages with due regard to the additional risk areas as identified given the importance in meeting community expectation.

Part 3 – Authorised officers

1. General requirements

1. Only authorised officers appointed by a council may carry

out inspections for the purpose of this practice direction.

2. A council must ensure that an inspection under this practice

direction and subsequent assessment of each of the applicable elements in Part 2 clause 2(2) is carried out by a

person who has the appropriate qualifications, skills,

knowledge and experience to carry out an inspection assigned to that officer under this practice direction.

Note: A person with the qualifications prescribed by r 112(1) of

the Regulations may carry out an inspection under this practice

In principle this is supported. However, Councils should be

cautious when allocating large scale commercial buildings to

a Level 4 Accredited Professional. Maybe some guidance around only allocating buildings to only one level above the

accreditation level would be more suitable. This way training is able to be provide without the officer having to look at

buildings they would be unproven in inspecting.


Part/Clause Extract from Practice Direction Comments direction. However, an assessment of the adequacy of

applicable elements may require a person to hold particular knowledge, skills and qualifications.

Part 4 – Other matters 1. Record keeping 1. Records of inspections carried out by councils where this

practice direction applies must be maintained and kept in a

central register and made available for inspection upon 7

days’ notice from the Commission. 2. Records of inspections should include, but not necessarily

be limited to, each of the following details: date and time of an inspection, type of inspection, elements inspected,

breaches, issues, or faults found, rectification required,

requirements for re-inspections (including timing) and enforcement action, as is appropriate in the circumstances.

3. This clause does not derogate from any authorisation to dispose of records under the State Records Act 1997.

Standard assessment checklists would ensure consistency with all surveyors across the state undertaking the appropriate site inspections with full considerations provided for the items they are inspecting.


Appendix 2 – Mandatory Inspection Requirements

Table 1. Domestic dwellings

The inspection requirements in Table 1 apply to building work in relation to a class 1a building under the Building Rules.

Timing of inspection Minimum number of

inspections for each relevant

building

Proportion of

developments in

council area to be

inspected

Comments

During construction or on completion

(a) Except where clause (b) applies, inspection must be carried out any

time during construction.

(b) If the building work involves:

(i) passive and active fire safety elements and the building is

located in a medium or high bushfire risk area; or

(ii) balustrades; or

(iii) performance solutions

a council may give consideration to carrying out an inspection on

completion.

An inspection on completion must be carried out within 1 business day of

receipt of the completed Statement of Compliance.

At least one inspection of each

relevant building.

66% What triggers will compel councils to undertake

additional inspections above the minimum

requirements when they don’t have to?

The inclusion of passive and active fire safety

inspections is welcomed.

What happens if the private certifier issues the

certificate of occupancy prior to the council

undertaking the mandatory inspection if the

inspection is life safety?


Table 2. Small commercial or public buildings

The inspection requirements in Table 2 apply to building work in relation to:

(a) a class 5, 6, 7, 8, or 9 building under the Building Rules with a floor area of 500m2 or less; or

(b) a farm building or farm shed, under the Building Rules.

Timing of inspection Minimum number of inspections for

each relevant building

Proportion of

developments in

council area to be

inspected

Comments

On completion

Inspection must be carried out within 1 business day of receipt of the

completed Statement of Compliance.


relevant building.

100% Inspections of Class 1b -9 buildings is welcomed.

To aid with resourcing levels, possibly due to the

lower risk of occupant and life safety in these

building types the proportion could be reduced to

80%?


Table 3. Medium size commercial buildings

The inspection requirements in Table 3 apply to building work in relation to a:

(a) class 1b or 4 building; (b) class 2 building of 2 storeys or less; (C) class 3 building of 1 storey; (d) class 5, 6, 7 or 8 building, of 2 storeys or less, and

with a floor area more than 500m2; or (e) class 6 building with a floor area less than 2000m2, under the Building Rules.

Timing of inspections Minimum number of inspections for

each relevant building

Proportion of

developments

in council area

to be inspected

Comments


Inspection must be carried out any time during construction or on

completion.

Note: To be determined by council when setting mandatory notification

stages under s 146(1) of the Act and r 93(1) of the Regulations.

It is recommended that this be set at a stage either to enable the

inspection of primary structural elements or structural framing and roof

trusses (as applicable) or at completion to enable the inspection of the

overall construction (audit inspection), including the following elements

(if any) that are present: passive and active fire safety elements,

balustrades, or performance solutions.

An inspection on completion must be carried out within 1 business day

of receipt of the completed Statement of Compliance.

Note: May be combined with other inspections required by the Act or

other Acts to be undertaken at completion of building work.


relevant building.

100% Inspections of class 1b-9 buildings are welcomed.


Table 4. Large commercial or public buildings

The inspection requirements in Table 4 apply to building work in relation to a:

(a) class 2 building over 2 storeys; (b) class 3 building over 1 storey; (C) class 5, 6, 7 and 8 building over 2 storeys in height; (d) class 6 building with a

floor area of 2000m2 or over; or (e) class 9 building with a floor area over 500m2, under the Building Rules.

Timing of inspections Minimum number of inspections

for each relevant building

Proportion of

developments in

council area to

be inspected

Comments


Inspection must be carried out any time during construction or on

completion.

Note: To be determined by council when setting mandatory notification

stages under s 146(1) of the Act and r 93(1) of the Regulations.

It is recommended that this be set at a stage either to enable the

inspection of primary structural elements, or at completion to enable the

inspection of the overall construction (audit inspection), including the

following elements (if any) that are present: passive and active fire

safety elements, balustrades, or performance solutions.

An inspection on completion must be carried out within 1 business day

of receipt of the completed Statement of Compliance.

Note: May be combined with other inspections required by the Act or

other Acts to be undertaken at completion of building work.


relevant building.

100% Inspections of class 1b-9 buildings are welcomed.

Attachment 2

Discussion Questions Response

Overall Purpose

1. Is the proposed purpose of the inspection policy easily understood?

The background paper clearly sets out the purpose of the proposed inspection policy in that it intends to focus on occupant and life safety, and is not intended for general consumer protection

Inspection Levels & Capacity 1. Are the proposed inspection requirements

easily understood? 66% for Class 1as and 100% for Class 1b-9?

The minimum requirements are easily understood, however there is some confusion around the

additional inspection requirements that could benefit from additional explanation. Particularly around commercial buildings.

There are concerns relating to the minimum mandatory inspections for dwellings remaining at 66%. The Botten Levinson report “On a Practice Direction for Inspection Policies Under Section 144 of the Planning, Development and Infrastructure Act 2016”, remains largely consistent with the recommendations of the Shergold-Weir report “Building Confidence - Improving the Effectiveness of Compliance and Enforcement Systems for the Building and Construction Industry across Australia” (also supported by the Building Ministers Forum and endorsed by the State Government) in that there should be 4 mandatory inspections for 100% of dwellings. These should Include, framing and roof trusses, bushfire protection (where relevant) wet areas and completion. The draft policy appears to be at odds with this recommendation as inspection levels are set at 1 mandatory inspection, and there is no longer any focus on framing, leaving councils to effectively set their own additional inspection requirements based on their knowledge of non-compliant or non- conforming historical issues. Recent events in NSW and Qld relating to bushfires are evidence that bushfire seasons are commencing earlier and ending later. The severity with which bushfires are destroying properties is increasing due to above average temperatures, below average rainfall and the continual high winds. A greater focus is required on bushfire protection measures. Currently regulation 83A of the Development Regulations includes the provision: “A person must not occupy a Class 1a building under the Building Code (or an addition to a Class 1a building) that has not been fully completed in accordance with a development authorisation insofar as

it relates to the performance of building work unless—

Attachment 2


(e) if the building is in a bushfire prone area under regulation 78, the building complies with

Clause P2.3.4 of the Housing Provisions of the Building Code and any relevant requirements of Minister's Specification SA 78

There is no record of compliance with the above as this has not previously been a mandatory

inspection requirement. If the Commission is truly keen to hone the focus on ensuring occupant and public safety, health and hygiene and maintain confidence and integrity in the development control system, then it would seem fit and appropriate to set the levels of mandatory inspections for 100% of class 1 dwellings to a minimum of 2 inspections per dwelling (framing and completion) and where there is increased risk due to bushfire, then an additional mandatory inspection should be required to ensure the relevant provisions have been installed / constructed

There a community expectation that there is a guaranteed audit inspection regime. For the initial two-

year period it should be implemented that 100% of dwellings are inspected at least once.

100% of commercial buildings to be inspected at lease once is supported.

2. For the main, the inspection requirements for Class 1as are largely unchanged while Class 1b-9 buildings will require one inspection – do you think this is realistic and achievable for councils?

Level of inspection proposed for commercial buildings appear to be realistic. However due to resourcing issues these may not be achievable for many councils.

Inspections fees should ensure full cost recovery to enable councils to fully meet their statutory

obligations.

3. If you answered no to question 3, what level would be achievable? If answering from council, do you think this is static or could this be increased over time?

We believe that the levels of mandatory inspections should be increased to 100% for all building

classes on the basis that councils are adequately resourced through full cost recovery on inspections.

We support the Botten Levinson proposition that the levels of mandatory inspections increase to 4 for 100% of class 1a buildings.

4. The practice direction provides a list of circumstances when councils may wish to undertake inspections in addition to the mandatory requirements. Would you suggest any change to this list?

No. The list provides adequate flexibility in Councils ability to undertake additional inspections.

Attachment 2


5. While not in the s144 practice direction, is the potential removal of the 80/20 two week/two month percentage split for pool inspections, to instead require that all pools to be inspected within two weeks of completion supported?

Yes, although reliant on notifications. Currently our officers are having to be overly proactive in

following up swimming pool notifications. The ePlanning portal may assist with owners and builders in

enabling them to provide these notifications easily and on time.

The two month time frame to allow temporary barriers should be revisited.

Who May Inspect

1. As long as an authorised officer is appointed under r 112 of the General Regulations, the draft policy allows the council to decide which officer to allocate to an inspection (from level 1 to 4) – do you support this approach?

In principle this is supported. However, Councils should be cautious when allocating large scale commercial buildings to a Level 4 Accredited Professional. Maybe some guidance around only

allocating buildings to only one level above the accreditation level would be more suitable. This way training is can be provided without the officer having to look at buildings they would be unproven in

inspecting.

2. Regulation 112 currently allows councils to potentially appoint an accredited professional who is not a council employee to undertake an inspection (e.g. a private building certifier) to enable recruitment of private sector expertise. Do you support this?

This is a suitable solution for regional / rural councils

Statements

1. While not a specific part of this consultation, would you support the reintroduction of a statement requirement for roof trusses, and for this to potentially be expanded to the entire frame?

Currently our records indicate that Council has a follow up inspection rate of approximately 80% for roof framing. The statement requirement is largely flawed with supervisors abusing the current

Regulation 74 checklist system. Some do not even attend site or use photocopied forms pre filled for multiple addresses. An improvement would be to have Council officers inspecting the frames similarly

to any other structural framing inspection.

Council officers currently inspect wall and roof framing inspections as part of the mandatory roof

framing site inspection. This would be supported given the current inspection failure rate.

Attachment 2


2. Would you support the introduction of statements for other matters, for example, footings or wet areas?

Yes in lieu of inspections nominated at the decision notification stage. Expiatable if not supplied

within 7 days.

Statements from structural, mechanical and electrical engineers would be supported.

Process

1. Having read the Background Paper, do you have a good understanding on how the inspection process will work, i.e. setting notifications via decision notice, receiving notifications, undertaking inspections, etc.? Are there any areas you are unsure of that could benefit from further explanatory material?

Yes, in general the background paper identifies how the process will work.

Further consideration should be given to providing guidance on the counting of inspections i.e when there is a commercial development with 3 large warehouses. Is the mandatory notification to be

provided for all three, is council required to inspect all three??

Clarification or definition on what is a relevant building in lieu of the above.

Other Matters

1. Are there any other matters you would like to raise at this point?

No.

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