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Wellington City Council Issues Resolution Office.

Hello M Baker,
 
Thank you for your information request, submitted via FYI.org.nz,
concerning seismic strengthening on suspended ceilings.
 
Please find the Council's response as follows:
 
1)      What steps are taken before sign off is given?
 
All newly  installed suspended ceilings must comply with [1]AS/NZS
2785:2000 Suspended Ceilings Design and Installation and the Seismic
Restraint Requirements of [2]AS/NZS 1170.5:2004 (Standards New Zealand).
As part of the process when issuing of a Code Compliance Certificate (CCC)
Council would rely on the installer providing a producer statement that
states installation of the suspended ceiling has been carried out in
accordance with the standards and therefore would meet the requirements of
the building code. 
 
2)      Does this process include a visit to the site to inspect the
work?  Is this information recorded in a register and available to the
public?
 
When construction work covered by a consent is carried out council
performs inspections at various stages of the process and conclude its
inspections with a final inspection before issuing a CCC. The final
inspection would be undertaken to:
•       establish that all of the work under the consent has been
completed;
•       the documents provided by the applicant in support of the CCC is
reviewed;
•       satisfy Council on reasonable grounds that the provisions of the
building code have been met.
 
You can request copies of all the building permits and completed building
consents we hold for a specific residential or commercial property via the
[3]Wellington City Council website.
 
3)      Who does the signing off and what code is used?
 
The Council issues the CCC if it is satisfied that the completed  building
work complies with the building consent and the building code. The
building code in regard to your enquiry is [4]B1Structure.
 
4)      Legally, what records are the Council required to keep, to
evidence that the process was followed and in line with Council policies
and protocols?
 
[5]Section 216 of the Building Act 2004 requires Councils to keep plans
and specifications in relation to an application for a building consent
for at least the life of the building.
 
5)      What policy does the Council adhere to and is it available to the
public to read?  Can I have a copy?  
 
The Ministry for Business, Innovation and Employment (MBIE) has published
regulations and criteria for accrediting Building Consent Authorities
(BCA). [6]International Accreditation New Zealand (IANZ) Is currently
contracted by MBIE to undertake the assessments of BCAs against these
criteria for registration by MBIE. The regulations require BCAs to have
appropriate policies, systems and procedures in writing that record how it
ensures that it implements effective policies, procedures and systems.
 
The council  has a quality management system to ensure it carries out its
responsibilities as a BCA in a way that meets or exceeds the requirements
of IANZ, the Building Act 2004 and/or any other legislation or
regulations.
 
6)      Who is held accountable for faulty ceilings that fail in an
earthquake, when a PS1, PS3 and PS4 have been issued?
 
In the first instance the responsibility lies with the parties that
undertook the work in regard to design and installation. [7]Section 14
Building Act 2004 clarify the responsibilities of the various parties.
 
Section 14D define the responsibilities of the designer to include the
following:
“(1) In subsection (2), designer means a person who prepares plans and
specifications for building work or who gives advice on the compliance of
building work with the building code.
(2) A designer is responsible for ensuring that the plans and
specifications or the advice in question are sufficient to result in the
building work complying with the building code, if the building work were
properly completed in accordance with those plans and specifications or
that advice.”
Section 14E define the responsibilities of the builder to include the
following:
“(1) In subsection (2), builder means any person who carries out building
work, whether in trade or not.
 
(2)  A builder is responsible for -
a)      ensuring that the building work complies with the building consent
and the plans and specifications to which the building consent relates:
b)      ensuring that building work not covered by a building consent
complies with the building code.
 
(3) A licensed building practitioner who carries out or supervises
restricted building work is responsible for—
a)      ensuring that the restricted building work is carried out or
supervised in accordance with the requirements of this Act; and
b)      ensuring that he or she is licensed in a class for carrying out or
supervising that restricted building work.”
 
Section 14F define the responsibilities of the Building Consent Authority
to include the following:
“ (a) checking, in accordance with the requirements of this Act for each
type of building consent, to ensure that—
I.      an application for a building consent complies with the building
code:
II.     building work has been carried out in accordance with the building
consent for that work:
(b) issuing building consents and certificates in accordance with the
requirements of this Act.”
 
Section 14F define the responsibilities of the Building Consent Authority
to include the following:
“ (1) In subsection (2), product manufacturer or supplier means a person
who manufactures or supplies a building product and who states that the
product will, if installed in accordance with the technical data, plans,
specifications, and advice prescribed by the manufacturer, comply with the
relevant provisions of the building code.
 
(2) A product manufacturer or supplier is responsible for ensuring that
the product will, if installed in accordance with the technical data,
plans, specifications, and advice prescribed by the manufacturer, comply
with the relevant provisions of the building code.”
 
7)      Is there an investigation run into the failure, what is the
process?  What is available to the public?
 
This would be undertaken by the [8]Ministry of  Business, Innovation and
Employment (MBIE). The process undertaken and the decision as to whether
it will be made public or not will be made by the ministry.
 
8)      How does the council ensure that the Contractor who built the
faulty ceiling, isn't the same contractor who returns to remedy the faulty
work, earning more money from the government.
 
The Ministry of Business, Innovation and Employment (MBIE) are responsible
for the [9]Licensed Building Practitioners (LBPs) regulating body. Any
work performed under a building consent for a residential property must be
done by a LBP, the same requirement does not apply to commercial buildings
and the owners of such buildings are responsibility for selecting and
appointing building practitioners.
 
I'm sure you will appreciate that I have family members working in offices
in Wellington and their safety is my priority. 
 
The Wellington City Council shares your concern and is committed to
reducing and where possible removing the risk of harm to its workers and
the public that access buildings under the council's jurisdiction.
 
I trust this is of assistance.
 
Please contact me directly if I can be of any further help.
 
Kind regards
 
Chris

Chris Brown | Issues Resolution Officer | Governance and Assurance |
Wellington City Council
P 04 801 3479
E [10][email address] | W [11]Wellington.govt.nz | [12][IMG]|
[13][IMG]
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