Updates to some of the Building Commissioner approved forms have been made in order to align with recent amendments to the Building Regulations 2012 addressing administrative matters around the introduction of the 2019 edition of the Building Code of Australia.
Following a recent ceiling collapse at a Thornlie property, home owners are reminded to act promptly on warning signs of ceiling stress.
A ceiling collapse can cause serious injury to anyone present at the time of collapse and it can also cause extensive damage to a room’s contents and structure.
Collapses may occur because of storm damage, water leaks, inappropriate use or access to roof space, inappropriate materials or loads, or poor workmanship.
About 10 ceiling collapses are reported to our colleagues at Building and Energy each year.
Prevention is far better than a cure in terms of the risks, costs and inconvenience associated with a ceiling collapse. Reinforcement and repairs will almost always be a more straightforward option compared to a full ceiling replacement. Knowing how to spot the telltale signs of a stressed ceiling and taking timely action is important.
Warning signs that a ceiling is failing may include a cracking sound in the ceiling, sagging or dropping of the plasterboard sheeting and/or the cornice, visual cracking and small circles or blisters (nail pops) in a line on the ceiling, which are a sign the plasterboard sheeting may be pulling away from the beam above it.
Good ceiling care can help prevent damage. Avoid accessing your ceiling space or storing items there – heavy loads can damage the ceiling framing or sheeting.
Roof leaks should be repaired and any moisture-damaged insulation or plasterboard should be replaced as quickly as possible.
Exhaust fans and air conditioning outlets should discharge to the outside, not into the ceiling space.
If the warning signs of a ceiling under stress are present, action needs to be taken. Owners need to be proactive and arrange inspection and repair of the affected areas.
If you see signs of failure, contact the builder in the first instance. If you are not satisfied with the builder’s response, you should consider engaging the services of a qualified building inspector to identify the nature or extent of any problems.
For more information, read the Spontaneous Ceiling Collapse guide on the Building and Energy website (www.dmirs.wa.gov.au) or phone 1300 489 099.
The following media releases on disciplinary outcomes for building services providers have been issued in the previous six years. The list for each year appears in descending order.
The Water Efficiency Labelling and Standards (WELS) scheme is an Australian government initiative in partnership with state and territory governments.
During the past year the WELS team has been engaged in ‘Project New Build’, working to increase the building industry’s compliance through education, engagement and inspections. For information on this project and other important WELS updates subscribe to their newsletter at the link below.
Go to the Water Rating websiteClick here to view the current InkWELS newsletter
The following media releases on disciplinary outcomes for building surveying services providers have been issued in the previous six years.
Building surveyor cautioned over certification – Tecon Australia Pty Ltd and Kim Lawrence Rowland
The Department of Mines, Industry Regulation and Safety (DMIRS) is conducting a stakeholder satisfaction survey to invite feedback on our services and our role as a regulator. The results will help DMIRS focus on business areas and services that need performance improvements.
If you subscribe to a DMIRS email newsletter or subscriber news service, you may be contacted by email and invited to take part in our 2019 Stakeholder Satisfaction Survey.
The survey is being conducted by Ipsos, an independent market research company, and takes six to eight minutes to complete. All responses are strictly confidential.
An initial invitation to participate was sent to stakeholders on Tuesday, 23 April 2019. Links to the survey itself will be sent on Monday 29 April 2019 and the survey will be open until Sunday, 12 May 2019.
This industry bulletin advises that the Commerce Regulations Amendment (Infringement Notices) Regulations 2019 (the Amendment Regulations) was published in the Government Gazette on Friday 26 April 2019 and has commenced operation. The Amendment Regulations are accessible on the Western Australian Legislation website www.legislation.wa.gov.au.
The minimum fees prescribed in Schedule 2 of the Building Regulations 2012 will increase by 7 per cent on 1 July 2019 for the 2019/20 year. A list of the current minimum fees and the new minimum fees is in the table below.
This increase in fees is the result of a review undertaken by the Department of Mines, Industry Regulation and Safety at the request of the Parliament’s Joint Standing Committee on Delegated Legislation. The review analysed information on costs provided by a representative sample of five local government permit authorities.
Silica is a common naturally occurring mineral. This fact sheet provides information about where silica is found, what are the hazards and risk management.
Silica is a common naturally occurring mineral, also known as silicon dioxide. One common type of crystalline silica is quartz. Silica can be found or manufactured in different forms, broadly divided into crystalline and non-crystalline (amorphous). This information focuses on respirable crystalline silica, which is the more hazardous form.
Silica is a major constituent of many types of sand. It is also a component of concrete and some bricks and rocks (eg granite, slate, sandstone). As such, this hazard can be found in industries such as construction, masonry, mining and foundries.
Breathing in fine (respirable) crystalline silica can cause:
Amorphous silica does not have these health hazards.
Crystalline silica particles that have just been fractured or abraded are more hazardous (eg crushing or cutting processes).
Occupational safety and health legislation requires employers, in consultation with workers, to identify hazards, assess risks and implement practical controls to protect workers’ health and safety.
Silica can be identified by considering the types of materials used in the task. More information is available in material safety data sheets where these are available (eg for abrasive blasting agents) and from material suppliers.
The risk of silica exposure from the task is assessed by examining the work processes involving crystalline silica. The assessment must consider the dust exposure that could occur. Having dust levels monitored is the most accurate way to assess the risk, however in some cases (eg where there are visible clouds of dust from high silica materials, such as during dry concrete cutting) the risk may be clear without monitoring. It should be noted that very fine particles may be difficult to see in air, and monitoring is required to assess the risk from such particles. Workers must not be exposed to respirable crystalline silica levels above the national exposure standard of 0.1 mg/m3.
The occupational safety and health regulations require that exposure to hazardous substances be prevented where practical. If exposure can’t be prevented, the risk must be reduced firstly by controls other than personal protective equipment (PPE). Regulation 5.20 of the Occupational Safety and Health Regulations 1996 (the OSH regulations) requires that PPE is only to be used to manage any remaining risk.
Examples of controls for crystalline silica include:
If there is regular exposure to crystalline silica and there may be a health risk (for example, where exposure is frequently at or above 50% of the exposure standard), health surveillance must be provided to workers under regulation 5.23 of the OSH regulations.
Workers must be given information and training on:
The employer should keep records of:
This information addresses common construction issues identified through ongoing building audits as well as concerns and queries raised by various stakeholders in the Western Australian building industry.
It also addresses concerns that the current Building Code of Australia and referenced Australian Standards do not have a simple deemed-to-satisfy solution for the WA construction practice of attaching tie-down straps to timber roof/over battens.
To assist with onsite construction compliance, documentation for these elements within the building permit drawings is strongly recommended. This information could include the member size and grade, tie-down position and fixings, and other relevant information referred to in Industry Bulletin 093 – Documentation for timber roof construction.
Diagrams are provided for typical timber wall plates and over-battens used in WA for the purpose of rafter/truss tie-down. A flowchart describing a design methodology for appropriate tie-down of houses with timber-framed roofs is also included. Tie-down battens/wall plates could be sized by a suitably qualified structural engineer to ensure compliance with the applicable building standards. Timber suppliers also have span tables for tie-down battens available online.
The following information has been collated by Building and Energy in collaboration with a recognised expert in timber and wind engineering. It supplements information provided in Australian Standard AS 1684.2: 2010 – Residential timber-framed construction; Part 2: Non‑Cyclonic Areas (AS 1684.2).
A. No. The strength of this connection is the same as the double nailed connection. (The nail would fail first at its normal capacity, and then the batten would be prised over the top of the screw head.) The nail/screw connection does not have higher capacity than a nail/nail connection.
Manufacturers that have carried out an appropriate standard of testing typically recommend two screws for all metal roof battens into softwood timber rafters.
Note: Although the published capacity of some types of nails into JD5 (i.e. MGP10) timber may indicate they have sufficient capacity, until they have been tested in metal battens, they should not be used to fix metal battens.
Nails are not sufficient and will fail at the same load as if there was a nail each side.
A. No. Nails do not have sufficient capacity so would fail at less than the design wind speed. The batten would not have enough bending capacity to span the distance between the remaining screws.
Nails are not sufficient and will fail causing the standard batten to be overloaded between screwed batten connections.
A. Machine-driven nails in straps or metal plate connectors should only be used if the manufacturers of the straps/ metal connectors recommend them for that situation. In some cases, conditions for use may include installing an extra
nail, or only using specially designed connectors for machine driven nails.
Palm nailers can be used to drive connector nails accurately into holes in standard metal plates and straps (similar to hand-driving).
A. Yes (generally). They are required for timber beams as per Clause 7.2.6 of AS 1684.2 and steel beams have the same tendency to slide or rotate. In many cases, blocking pieces can be fitted to the timber top plate and bolted to the top of the beam to act as lateral restraints.
A. Most defective connections can be bridged by installing a strap into undamaged timber using the correct number of nails. This should occur in accordance with applicable building standards or under the direction of a suitably qualified engineer.
A. No. Girder trusses need stronger tie-downs than standard trusses. Truss suppliers provide tie-down options and guidelines for correct installation.
A. Yes. Hip rafters need stronger tie-downs than standard rafters as they have larger tributary areas and therefore carry larger loads.
A. Yes. In fact, fixing the roofing to tie-down battens increases their capacity to resist net roof uplift forces. Tie-down battens can be used in the same way as standard battens, but standard battens can't always be used as tie-down battens. For example, metal top hat battens can be used as standard battens, but not as tie-down battens as under uplift forces, the metal batten will crush under the strap.
A. It depends on the wind classification and the size of the opening. Stronger straps installed into the brickwork at floor level or metal rods into the concrete slab may be required either side of larger openings. There is often insufficient weight of brickwork on top of the lintel to resist the uplift forces by tying to only the lintel.
A. Yes. The full capacity of the strap requires at least five nails in JD5 (i.e. MGP10 pine) timber. Five nails won’t fit in a single face and the strap must be looped over the timber and the nails distributed between the near face, top face and far face of the timber. Installing at least one nail into the far face of the timber means that the strap is bent twice. The double bend increases the connection capacity (AS 1684.2 gives higher capacities for connections using looped straps).
A. No. All the nails must be installed into the tie-down batten. (Note that if the tie-down strap is to be fixed to the top plate, framing anchors may be required between rafters and top plates to transfer the uplift forces from the rafter to the top plate as shown in Figure 3.)
This acts as a two nail connection to either the over-batten or wall plate.
A. Perimeter tie-down only is commonly used in truss roofd and the tie-downs must have sufficient capacity to resist the forces indicated in the truss design. For framed (stick built) roofs, AS 1684.2 allows perimeter tie-down only for coupled roofs in N1 and N2 wind classifications. Engineers can provide details that enable framed roofs to be tied down at the perimeter for houses in N3 and above.
Notes:
This bulletin provides technical guidance and information to assist builders, building surveyors, designers, inspectors and others with improving the tie-down of timber framed (including stick-built and truss framed) sheet metal clad residential roofs. It includes a question and answers format to address common queries, misunderstandings and non-compliances.
A statutory review of the Act was undertaken to ensure that it is still applicable to the modern functioning of the architectural industry, reduce red tape where possible, and examine the effectiveness of the operation of the Architects Board of Western Australia. The Review also examined ideas to improve the Act and Architects Regulations 2005.
The Review commenced in 2015 with the release of a Consultation Regulatory Impact Statement. Following analysis of the issues raised in submissions, consultation with key stakeholders and additional research, a number of recommendations for change have now been finalised in this report, which also constitutes a Decision Regulatory Impact Statement.
A Perth builder has been fined $2,000 after constructing a two-storey dwelling near Manjimup, in breach of conditions placed on his registration.
Allen Gledhill, of Mount Nasura, has since voluntarily cancelled his building contractor’s registration (BC100541), which limited him to single-storey residential work and industrial sheds.
At its May meeting, the Building Services Board heard that Mr Gledhill’s 2013 building permit application to the Shire of Manjimup described the project as a two-storey habitable barn.
An audit by Building and Energy (formerly the Building Commission) found that a two-storey dwelling had been constructed at the site.
The project was also the subject of a separate building dispute between the property owner and the builder. This resulted in State Administrative Tribunal (SAT) proceedings in 2018 and an order for Mr Gledhill to pay the owner more than $140,000 to rectify defects in the building.
Building Commissioner Ken Bowron welcomed the Building Services Board’s $2,000 fine, which took into account the SAT findings.
“For safety and quality reasons, registration is compulsory to carry out prescribed building work as it ensures a builder has appropriate qualifications for particular tasks,” Mr Bowron said.
“Builders must abide by any conditions on their registration or face the consequences. I also encourage consumers to check their builder’s registration via dmirs.wa.gov.au.”
Mr Gledhill remains a building practitioner (BP100666), meaning he can be a nominated supervisor for a registered building company, but cannot carry out prescribed building services in his own right.
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Full link for building practitioner registers: https://www.commerce.wa.gov.au/building-commission/find-registered-building-service-provider
Media contact: Sarah Roberts – 0466 409 828 or CPmedia@dmirs.wa.gov.au
The department has developed a checklist for employers and workers engaged in the fabrication and installation of stone benchtops. This checklist highlights safety issues with a focus on silica hazards and provides information on how to best manage those risks to minimise negative outcomes through compliance with occupational safety and health legislation.
The mentally healthy workplaces online hub brings together videos, podcasts, information sheets and checklists for both workers and management to use. Learn about psychosocial hazards and risk factors in the workplace and the benefits of having a mentally healthy workplace.
Mental health and wellbeing in a workplace benefits everyone at work. Everyone has a role to play, both in looking after their own mental health and creating a mentally healthy workplace. While everyone has some responsibility, expectations and standards must be set by leadership.
Go to Mentally healthy workplaces - resources for management and workers
Home owners can be reassured that WA’s building regulator is taking action on standards, compliance and dispute resolution across the industry, according to retiring Building Commissioner Ken Bowron.
Mr Bowron leaves Building and Energy (formerly the Building Commission and EnergySafety) today after 10 years, including 18 months at the helm of the combined division within the Department of Mines, Industry Regulation and Safety.
“I’m incredibly proud of the dedicated team at Building and Energy who have a genuine passion for achieving an industry that delivers safe, durable and high-quality buildings,” he said.
“I know that building a new home or renovating can be stressful, particularly if projects don’t go to plan after you’ve committed a lot of money and time.
“Improvement is needed in some areas of WA’s building sector, but a lot of high-quality work is being done and it’s important to put the issues in perspective. For example, out of more than 18,200 residential dwelling builds that commenced in WA in 2017-18, we received 730 building disputes concerning workmanship and contractual issues.”
Building and Energy’s building dispute resolution services are intended to be an efficient and cost-effective alternative to court proceedings for matters arising within six years of practical completion. In the past year, 83 per cent of these disputes have been completed in-house, with a small proportion of complex, intractable or high-value matters referred to the State Administrative Tribunal (SAT).
“Our average completion time for building disputes is around five months, compared to 18 months under the former Building Disputes Tribunal. So far this financial year, one-third of disputes have been finalised within three months,” Mr Bowron said.
“Each dispute is unique and can involve multiple claims about specific and complex areas of construction. Our staff remain impartial and make decisions based on verified information from both sides, with consideration of building standards and a framework that allows for some imperfections within a certain tolerance.”
Both parties in a building dispute are required to provide evidence, which could include a building inspection report. The associated costs are often reimbursed in the final outcome.
“Our staff are trained in mediation and many matters are resolved through conciliation and building remedy orders,” the Building Commissioner said. “We are also working with our Consumer Protection colleagues on ways that the dispute process could be more streamlined.”
As the volume and complexity of building work has grown in WA, the focus for the regulator’s in-house building inspectors and other technical experts is on vital proactive work such as audits, investigations and updates for industry.
“The community is far better served when our resources are deployed towards the cause of building issues and preventing disputes in the first place,” Mr Bowron said.
“There was a 30 per cent improvement in compliance on roof tie-down systems as a result of our intensive intervention in this area. We took similar swift action after a spate of ceiling failures.
“We’ve also developed a range of useful resources about important checks that consumers can do before choosing a builder, as well as their options if issues do occur. We continue to work closely with local government permit authorities to support their legislated responsibility to ensure buildings comply with the National Construction Code.”
The State Government is also taking action to strengthen building legislation after WA joined other states and territories in providing in-principle support for recommendations from a major national report, Building Confidence, which looked at improving compliance and enforcement systems for the building and construction industry across Australia.
Three separate reviews of the building legislation framework in WA are now underway:
Discussion papers on the reviews will be released for public consultation in July and December this year. The State Government is also progressing the recommendations of a major report into security of payment, which aims to deliver a fairer system and more financial certainty for subcontractors and their families.
“Our priority is to ensure that buildings are safe and conform to the standards – and we recognise that improvements are needed in some areas,” Mr Bowron said.
“I leave Building and Energy with confidence that the team’s continued hard work, coupled with changes on the horizon, will deliver robust regulation, better buildings and fewer disputes.”
The appointment of WA’s new Building Commissioner will be announced in coming weeks.
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Media contact: Sarah Roberts – 0466 409 828 or CPmedia@dmirs.wa.gov.au
Construction Induction Training cards (CIT) are supplied to an RTO on the condition that the CIT cards are only issued to candidates who provide evidence that they are located in Western Australia at the time of the assessment for the CPCCWHS1001 Prepare to work safely in the construction industry unit of competency. Evidence can include:
Item 4(c) on page 6 of the Terms and Conditions, 2019 advises RTOs of the obligation to obtain evidence that the candidates are located in Western Australia at the time of the assessment for the CPCCWHS1001 Prepare to work safely in the construction industry unit of competency.
This industry bulletin advises that the Commerce Regulations Amendment (Infringement Notices) Regulations 2019 (the Amendment Regulations) was published in the Government Gazette on Friday 26 April 2019 and has commenced operation. The Amendment Regulations are accessible on the Western Australian Legislation website www.legislation.wa.gov.au.
A Karrinyup builder has been formally cautioned over the roof construction at a $1.1 million home, which did not comply with approved plans and building standards.
The Building Services Board found that Mulvay Pty Ltd (BC10975) and its nominated supervisor, Mark Anthony Mulvay (BP9892), breached WA’s building registration laws by not properly managing and supervising a building service.
The two-storey brick home in Karrinyup was built by Mulvay Pty Ltd between 2012 and 2014. In 2016, a building inspector’s report, commissioned by the home owners, identified issues with the metal-clad roof such as incorrectly applied nails and the absence of tie-downs and blocks.
A building dispute and State Administrative Tribunal hearing concluded in 2018 after Mr Mulvay fixed all but two minor issues with the roof and paid $4,000 compensation to the owners, as well as $2,000 for the building inspector to oversee the rectification work.
Building and Energy A/Executive Director Saj Khan welcomed the Building Services Board’s recent decision to issue a caution.
“Building contractors must ensure their services are properly managed and supervised, while the nominated supervisor must ensure applicable building standards have been met,” Mr Khan said.
“I acknowledge Mr Mulvay’s cooperation in the investigation and that this is the first disciplinary matter for him and his business, which has now implemented a more comprehensive inspection program for their roof constructions.
“However, non-compliance with approved plans and building standards in areas of high risk, including roof construction, is inexcusable and this case should remind everyone in the industry of their obligations.”
In 2016, Building and Energy completed a comprehensive inspection report into metal roof construction in WA, which has since resulted in a 30 per cent improvement in compliance with tie-down systems.
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Notes: BC and BP numbers refer to registration as a building contractor or building practitioner. The registers of building service providers are available online (dmirs.wa.gov.au).
Building and Energy (a division within the Department of Mines, Industry Regulation and Safety) was formed in January 2018 by the amalgamation of the Building Commission and EnergySafety.
Media contact: Sarah Roberts – 0466 409 828 or CPmedia@dmirs.wa.gov.au
Tasks carried out by electricians can increase the risk of musculoskeletal injuries such as sprains and strains due to awkward postures, repetitive actions and excessive force required to lift, carry or move equipment. This series of fact sheets have been specifically developed for electricians to highlight the risks and provide solutions to help prevent injury.
