The Building Services Board has formally cautioned an Albany building company and a supervisor after the roof of a home under construction did not comply with applicable building codes and standards.

The Board found that Ryde Building Company Pty Ltd (BC10056) and the project’s nominated supervisor, Luke Harris (BP14503), both failed in their respective obligations to properly manage and supervise a building service.

During random inspections last year, a Building Commission (now Building and Energy) engineer attended the site in the Albany suburb of Orana, where the home’s roof was nearing completion.

The inspector found that many of the frames and straps used to secure the roof did not meet the required standards. The building plans also lacked sufficient detail about the roof’s construction.

After rectifying the issues, Ryde Building Company provided a statement to Building and Energy with assurances that it had introduced more robust procedures and documentation for future builds.

Building Commissioner Ken Bowron welcomed the Board’s decision.

“While I acknowledge the company’s proactivity and cooperation in this matter, the roof issues presented a potentially significant risk to public safety,” Mr Bowron said.

“Building contractors must ensure their services are properly managed and supervised. Likewise, the nominated supervisor must be capable of identifying whether applicable building standards have been met.

“It’s not enough to simply rely on plans and specifications. Proper management and supervision involves applying skills and competence to be satisfied that the work complies with the standards.

“The vast majority of building service providers do a great job, but this case should remind everyone in the industry of their obligations – and that they could be subject to inspection at any time.”

Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

A Mount Lawley tradesman must pay almost $10,000 in fines and costs after pleading guilty to nine charges brought by the Building Commissioner in relation to projects at three Perth properties.

Phillip Davies-Morgan, of MDM Industries Pty Ltd, trading as Perth Ceiling Fixers, provided renovation work at homes in South Lake, Dianella and Morley in 2015 and 2016.

At a hearing last month, Perth Magistrates Court heard that the company, now in liquidation, was not registered as a building contractor or painting contractor as required for the type of work contracted and carried out at the properties.¹

The court was also told that the company requested and received a 50 per cent deposit from the Morley home owner, in breach of WA’s home building contract legislation.² When no work has been done or materials delivered, the maximum deposit allowed is 6.5 per cent of the value of the contract.

In addition, the company did not have home indemnity insurance in place while working at the Dianella and Morley homes², and it failed to comply with an order from the Building Commissioner to remedy workmanship issues at the Morley project.³

As an officer of the company, Mr Davies-Morgan was found to be the key player in the offences. He was fined a total of $9,000 and ordered to pay costs of $737.

“This is a significant penalty that shows the importance of building laws and their role in protecting consumers,” Building Commissioner Ken Bowron said.

“Registration is not only a legal requirement for prescribed building work, it also ensures the builder or painter has appropriate qualifications. Likewise, the lack of insurance exposed both owners to risk while the deposit was much greater than the maximum allowed.”

Mr Bowron encouraged home owners to check the Register of Builders and the Register of Painters (via www.dmirs.wa.gov.au) before committing to a building contract in excess of $20,000 or a paid painting service valued at more than $1,000.

Media contact:

0466 409 828 or bemedia@dmirs.wa.gov.au

Notes:

1. Under the Building Services (Registration) Act 2011, building work valued at more than $20,000 and requiring a building permit must be contracted and carried out by a registered building contractor. Likewise, only registered painters can provide paid painting services valued at more than $1,000.
2. Home Building Contracts Act 1991.
3. Building Services (Complaint Resolution and Administration) Act 2011

Made under section 67(2A) of the Building Act 2011 (the Act), the Ministerial Order applies to all building permit applications for a Class 1 or Class 10 building or incidental structure. 

This bulletin is to provide information to builders, building surveyors, structural engineers and others involved in the design and installation of J-bolt/hook rod tie-down systems. In particular concerns regarding the improper use of 10mm diameter J-bolts based on investigation of lost roofs, laboratory testing and background research.

Building and Energy’s Audit Branch carry out technical inspections of ongoing building work to check how building standards are being applied. To date the majority of inspections have been on class 1a buildings (houses). In addition to the current audit activities Building Energy will focus audits and inspections on the following building work:

• wet area waterproofing in all classifications; and
• class 2 (residential buildings containing two or more dwellings)

Building and Energy gathers statistics from the technical inspection activities undertaken. From this data we can identify areas of building work that require improvement. The following list shows the top 6 areas that require improvement with a brief summary of why they were unsatisfactory:

1. Wet areas waterproofing and external weatherproofing
   Omission of puddle flanges, bond breaker at floor/wall junctions, build thickness of waterproofing membrane, waterstops and flashings, weatherproofing at zero lot walls.

2. Termite management
   Required reticulated systems omitted, placement and installation of physical barriers not in accordance with manufacturers’ specifications.

3. Timber wall framing
   Required bracing omitted or not installed in accordance with 1684.2, connections to all parts of frame, structural member placement not in accordance with engineers design.

4. Bushfire requirements
   A wide range of requirements  for both NASH standard and AS 3959, for example sealing of garage doors, and roofs, gaps exceeding 3mm, roof ventilation openings, inappropriate use of combustible materials.

5. Structural steel
   Placement and fixings/tie downs.

6. Tie-down of timber framed sheet metal clad roofs
   Chain of tie-down continuity, use and installation of metal connectors for example connector orientation and capacity, type of nails used and capacity of nailed connections. 

Please see the related industry bulletins below:

• Industry Bulletin 36 - Weatherproofing of projections through metal roof surfaces 
• Industry Bulletin 49 - Connection of roof battens 
• Industry Bulletin 61 - Residential wet area floor wastes
• Industry Bulletin 83 - New termite management standards
• Industry Bulletin 93 - Documentation for timber framed roof construction
• Industry Bulletin 103 - Indicative BAL ratings in bushfire risk assessments
• Industry Bulletin 104 - Bushfire construction details for housing

Contact Building and Energy for more information.

A building surveying company and its director have been fined a total of $7,500 by the State Administrative Tribunal (SAT) after certifying plans that resulted in a non-complying swimming pool barrier at a home in Iluka.

Western Australia Building Certifiers and Assessors Pty Ltd (WABCA), a registered building surveying contractor (BSC226) based in East Victoria Park, and its sole director, John Phillip Greenwood (BSP21), were also ordered to pay costs totalling $3,000.

The Tribunal found that Mr Greenwood, as WABCA’s nominated supervisor, engaged in misleading conduct¹ and failed to properly manage and supervise a building service² when he signed a certificate of design compliance (CDC) in 2016 for renovation and extension plans that included a set of doors which would open directly into an outdoor pool area.

Under WA’s building regulations³, such doors must be separately approved by the permit authority – in this case, the City of Joondalup. Mr Greenwood’s certificate did not meet this requirement and the subsequent building work embedded the error.

In 2017, a routine inspection by the City of Joondalup discovered that the unapproved doors had been installed, meaning the home’s pool barrier was non-compliant.

The SAT also found that WABCA’s systems were inadequate to ensure proper management and supervision of the building surveying work because it did not require the necessary approval.⁴ Mr Greenwood was fined $4,000 and the company $3,500.

The recent finding resulted from WABCA and Mr Greenwood seeking a SAT review of an April 2018 decision by the Building Services Board, which had imposed fines totalling $5,000 in relation to the same conduct.

In what is believed to be the first SAT proceeding for a building surveying disciplinary matter, the Tribunal’s decision now supersedes the Board’s earlier findings.

In its reasons published on 18 November 2018, the SAT stated that Mr Greenwood and WABCA “failed to properly understand their significant duties and obligations”, and Mr Greenwood had misled the City of Joondalup by not adequately addressing his “mistaken understanding” that the CDC could serve as a type of application for permit authority approval of the doors in question.

“A CDC cannot, as a matter of fact and law and common sense, be an application for approval,” the Tribunal stated. “A CDC is a certification that if the work [that is] the subject of the building permit application is completed in accordance with the listed plans and specifications, it will be built to the applicable standard.”

The SAT also stated: “Mr Greenwood and WABCA do not act for the client when completing a CDC… [they] act under duties imposed on them by the Building Act as a registered building surveying practitioner and building surveying contractor respectively.”

Building Commissioner Ken Bowron welcomed the Tribunal’s findings.

“The strict compliance rules for pool barriers reflect their essential role in preventing drowning tragedies, particularly for young children,” Mr Bowron said.   

“Anyone participating in a regulated industry is responsible for understanding and complying with relevant laws.

“This case reinforces the obligations of registered certifiers when signing off on compliance, particularly when this authorisation potentially impacts on community safety.”

For more information, visit the Building and Energy website or contact 1300 489 099.

Notes

1. Building Services (Registration) Act 2011, s53(1)(j)(ii)
2. Building Services (Registration) Act 2011
3. Building Regulations 2012
4. Building Services (Registration) Act 2011, s53(1)(f)

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Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

With warmer weather on the way, West Australians are reminded that pools with water deeper than 30cm must have complying safety barriers to prevent child drownings.

This was one of the key messages the Building and Energy division jointly shared with Consumer Protection at the bi-annual WA Pool Spa Outdoor Living Expo held on 8 and 9 September 2018 at the Claremont Showground.

Our attendance at the show provided a valuable opportunity for the builders, traders, and consumers to personally engage with us and we were able to highlight the safety barrier requirements for pools and spas, and discuss the building approvals process, safety barrier inspections, recalled products, and the Keep Watch water safety message.

For more information on pool or spa fencing laws and general pool safety, visit the Building & Energy website.

The NCC information seminars, presented by the Australian Building Codes Board, focus on changes to the Building Code of Australia (BCA) for 2019.  Standards Australia will also outline details of changes to Australian Standards that are referenced in the BCA.  

Registration now open! 

Venue: Perth Convention and Exhibition Centre, 21 Mounts Bay Rd, Perth WA 6000

Date: Tuesday 19 and Wednesday 20 February 2019

Duration: 9.30am–12.30pm

For more information, visit the ABCB website, or contact Loud Events on (07) 3868 2882.

A former Myaree builder has been fined $10,000 by the State Administrative Tribunal for failing to properly manage and supervise three projects with a combined contract value of almost $2 million.

Geoffrey Ian Britton (BP11802, expired) – the nominated supervisor of Avon Dream Pty Ltd (BC14034, expired), trading as Econstruct– accepted the Building Services Board’s allegations, which included that he failed to detect or adequately rectify significant defects and also failed to ensure that subcontractors’ work met the required standards.

The allegations relate to extension work, valued at $400,000 and $625,000 respectively, at separate properties in Mount Hawthorn and construction of a new brick-and-tin home in Booragoon, valued at $975,000.

The Tribunal heard that hundreds of defects were found at the properties during and after the building projects and that tradespeople engaged by the builder had not achieved an acceptable standard of workmanship.

Despite subsequent rectification work, numerous defects remained at the sites.  

The company’s building registration ceased in April 2017 and Mr Britton’s building practitioner’s registration expired in November 2017.

Building Commissioner Saj Khan welcomed the Tribunal’s decision.

“This case sends a clear message that builders must take their responsibilities seriously when it comes to properly managing and supervising their projects,” he said.

“Building service providers who fail to take these responsibilities seriously may face fines from the Building Services Board or the State Administrative Tribunal.

“We will continue to hold to account and name those who put the public interest and integrity of the building industry at risk.”

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Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

Subcontractors in the building and construction industry will have increased payment protections for Government works projects under changes to be introduced in 2019.

The McGowan Labor Government will significantly expand Project Bank Accounts (PBAs). This will come into effect from July 1, 2019.

PBAs will apply to a wide range of Government projects where the total value of works exceeds $1.5 million.

The State Government will provide a definite guide to which projects will be covered in early 2019.

PBAs provide better protection to subcontractors and, consequently, reduces the financial stress on them, their employees, suppliers and families.  

Additionally, PBAs improve the speed of payment for subcontractors and increase transparency in the payment process.

A Subcontractor Support Unit will also be established and overseen by the Small Business Commissioner. The Commissioner will have the power to: 

• Compel head contractors on Government projects to prove payment to subcontractors;
• Shield subcontractors from retribution for lodging complaints, by allowing them to be anonymous;
• Conduct random and targeted audits, based on intelligence and tip offs;
• Make recommendations to Government to sanction head contractors, ultimately impacting on their future procurement opportunities in Western Australia; and
• Showcase best practice contractors in the State.

The unit is expected to be operating in the first half of next year. 

Comments attributed to Small Business Minister Paul Papalia:

"Building and construction is a high-risk industry for small businesses, with subcontractors exposed to high levels of late payments, non-payments and insolvencies. 

"As Minister, it disturbed me how little was done under the previous government to step in to protect subcontractors - some of our most vulnerable small businesses in the State.

"These changes represent the first of their kind in Western Australia.

"It will no longer be acceptable for a head contractor on Government-led projects to fob off their responsibilities. The McGowan Government will set an example for the private sector by ensuring all subcontractors are rightfully paid.

"I look forward to the Commissioner being empowered to receive proof of payment and to showcase our most deserving, best practice contractors."

Comments attributed to Commerce and Industrial Relations Minister Bill Johnston:

"One of the McGowan Government's election commitments was to improve payments to Western Australian subcontractors, and we are delivering on this promise. 

"These new arrangements will better protect subcontractors, financially, when assigned to work on State Government projects.

"I look forward to releasing John Fiocco's report into the security of payments to subcontractors very soon."

Comments attributed to Finance Minister Ben Wyatt:

"This measure will improve the position of subcontractors, both in the short term and into the long term.

"The Government will begin to rollout the Project Bank Account arrangements, which currently apply to the majority of projects administered by the Department of Finance, to as many projects as practicable from July 1, 2019."

Small Business Minister's office - 6552 5600 / Commerce and Industrial Relations Minister's office - 6552 6700 / Finance Minister's office - 6552 5900

As of 1 January 2019, courtesy renewal reminder notices for licences, permits and registrations will only be sent electronically. The changes will apply to the following licensing authorities:

• Building Services Board
• Plumbers Licensing Board
• Director of Energy Safety

For information on the renewal process and details on how to update your contact details, visit our Renewal reminder notices webpage.

You are reminded that it is your responsibility to ensure your licence is current at all times you are performing regulated work.

Don't miss your opportunity!

If you are involved in the building and construction industry in regional Western Australia you shouldn’t miss this important learning opportunity.

Representing the culmination of the first three-year amendment cycle of the National Construction Code (NCC), these seminars will inform practitioners involved with designing, approving or constructing buildings about important changes included in Volumes One and Two of the NCC being the Building Code of Australia (BCA).

These seminars cover the Australian Building Codes Board information being presented in Perth on 19 and 20 February 2019, modified for regional WA.

This is your opportunity to hear about BCA focussed changes as well as recent changes to the Building Regulations 2012 – don’t miss out!

Registration for these regional seminars is essential. 

Time: 9am to 12.30pm

Cost: free

For more information or to register visit our 'Events and seminars' webpage.

Light refreshments will be provided at morning tea.

Please note: Building and Energy division of the Department of Mines, Industry Regulation and Safety reserves the right to cancel for any reason.

The Building Services Board has imposed fines totalling $12,000 in relation to a Mandurah short-stay accommodation development where substantial construction took place without a building permit.

The builder, Kerry George Parsons (BP/BC4277) of Jandakot, submitted a building permit application to the City of Mandurah in March 2016 for the five-unit waterfront development valued at $400,000.

The application included a certificate of design compliance (CDC) signed by building surveyor Matthew James Deal (BSP370) and issued by his Noranda-based company, Inclusive Building Consultants Pty Ltd (BSC385).

The Board was told the City identified safety and access issues in the plans and found the CDC lacked sufficient detail to show compliance with building codes and standards. As a result, a building permit was not issued at that time.

In May 2016, while still liaising with Mr Deal and Mr Parsons to address the concerns, the City discovered that substantial building work had been carried out at the site, including foundations, roof components and floor and wall frames.

Mr Parsons stopped construction on the project until a building permit for the remaining work was issued in November 2016, which followed retrospective approval in July 2016 for the unauthorised work.

At its November 2018 meeting, the Board fined Mr Parsons $5,000 under the Building Services (Registration) Act 2011 for negligence by carrying out a building service in the absence of a building permit.

Mr Deal was also found to have engaged in negligent or incompetent conduct for authorising the CDC when a number of access and safety elements did not comply with applicable building standards. Mr Deal and his company were each fined $3,500 for respectively signing and issuing the document.

Building Commissioner Saj Khan welcomed the Board’s findings.

“The penalties in this case reflect the seriousness of the conduct,” he said.

“Builders must obtain the permit holder’s legal authority before commencing work. Without it, they cannot be certain about conditions that apply to the project and they risk embedding errors even in the earliest stages.

“Similarly, a building surveyor must only sign a certificate of design compliance when all applicable building standards will be met in the proposed work.

“We will continue to hold to account and name those who put the public interest and integrity of the building industry at risk.”

See the Building and Energy website or contact 1300 489 099 for more information on the building approvals process and other resources.

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Note: BP, BC, BSP and BSC numbers refer to registration as a building practitioner, building contractor, building surveying practitioner or building surveying contractor. The registers of building service providers are available online (dmirs.wa.gov.au).

Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

Building Focus newsletter brings you the latest news for the building, building surveying and painting industries and replaces the Building Commission News.

Building Focus Issue 1Click here to view the eNewsletter

The following statement was issued by Hon Bill Johnston MLA, Minister for Commerce and Industrial Relations, on Tuesday 11 December 2018:

• John Fiocco's review of security of payment reform for WA subcontractors released
• Government will carefully consider all 44 recommendations 

The McGowan Government today released John Fiocco's final report on Security of Payment Reform in the WA Building and Construction Industry.

Developed over a six-month period, the report involved extensive stakeholder consultation with 19 industry organisations and seven State Government agencies.

The report includes 44 recommendations, which identify reforms to better protect security of payments for Western Australian subcontractors in the building and construction industry.

All of the recommendations will be considered and the McGowan Government will examine how they can be implemented next year.

This report follows the McGowan Government's recent announcement to expand Project Bank Accounts for Government projects, starting in July 2019, and to establish a Subcontractor Support Unit, led by the Small Business Commissioner.

For the full report, visit http://www.commerce.wa.gov.au

Comments attributed to Commerce and Industrial Relations Minister Bill Johnston:

"I'd like to thank John Fiocco for completing one of Australia's most comprehensive reviews of the subcontracting sector.

"I'd also like to thank East Metropolitan Region MLC Matthew Swinbourn for assisting Mr Fiocco on this report and all industry associations involved in the process.

"The McGowan Government is committed to providing a fairer system and more certainty for subcontractors and their families.

"I look forward to carefully considering each recommendation in the report and expect the first legislative reforms to be introduced in the first half of 2019."

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Report of the Building Commissioner for the financial year to 30 June 2014. 

Report of the Building Commissioner for the financial year to 30 June 2013.

Report of the Building Commissioner for the financial year to 30 June 2012. 

Report of the Construction contracts register for the financial year to 30 June 2010.

Report of the Construction contracts register for the financial year to 30 June 2009.