AMENDMENTS TO THE CODES SEPP

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial) 2009 and Environmental Planning and Assessment Amendment (General Commercial and Industrial Code) Regulation 2009 commenced on 7 September 2009, following implementation workshops for accredited certifiers in August 2009.

Two Circulars include advice about the new Housing and Internal Alterations Code and the new General Commercial and Industrial Code, in addition to the changes to the existing exempt and complying development codes.

Circular PS 09-021
Circular PS 09-022
User Guide

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LEGISLATION COMMENCED IN 2009

The Board and the Department of Planning have released a number of publications to support legislation commenced in 2009.  More information can be found at the Department of Planning website or the Building Professionals Board website.

Amended school provisions under the Infrastructure SEPP 2007

A Department of Planning Circular details an amendment to the Infrastructure SEPP to ensure the NSW planning system supports the Australian Government’s economic stimulus package for government and non-government schools and TAFEs.

View the Circular

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Section 94E directions - complying development certificates

When an accredited certifier imposes a condition under section 94 or 94A of the EP&A Act on a complying development certificate, the condition must now be in accordance with the relevant contributions plan in addition to any directions issued by the Minister under section 94E of the Act – as is the case for councils.  Until now an accredited certifier has not been required to comply with such directions.  An amendment to section 94EC of the Act has now rectified this anomaly.

View the Directions
View the Circular

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Affordable Rental Housing SEPP 2009

State Environmental Planning Policy (Affordable Rental Housing) 2009 commenced on 31 July 2009 and is designed to increase the amount and diversity of affordable housing in NSW by encouraging home owners, social housing providers and developers to invest and create new affordable rental housing to meet the needs of our growing population and existing residents.

View the policy

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PRACTICE ADVICE

Information to accompany certificates

The EP&A Act requires accredited certifiers to provide specific information to the consent authority and/or council when a complying development certificate or a construction certificate is issued.

An accredited certifier must, within two days of the determination of a complying development certificate, forward copies of the information listed in clause 130(4) of the EP&A Regulation, while clause 142(2) of the Regulation lists the details required to accompany the determination of a construction certificate.

View the legislation

These legislative requirements assist the monitoring of the planning system and helps identify any areas that need to be improved.  Accredited certifiers should review their work processes and procedures to meet these requirements.

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On-time renewal of accreditation

There have been several recent cases of accredited certifiers failing to submit applications for accreditation renewal before their accreditation lapsed.  Accredited certifiers are unable to work unless accreditation is renewed.  The Board has no discretion to consider late applications, even those lodged one day after accreditation lapses.

Accredited certifiers should confirm their accreditation details, including their renewal date, the categories for which they are accredited and their registered contact details.  All this information is available on the Board’s website.

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Fire safety schedules and fire safety certificates

The Board has received complaints that some certifiers are omitting key statutory fire safety measures from the fire safety schedule (FSS) and fire safety certificate (FSC) for relevant buildings.

Part 9 of the EP&A Regulation 2000 outlines what is required to be contained within an FSS and FSC, including:

• The FSS needs to detail all required safety measures, relevant BCA provisions and standards of performance.
• A complete and accurate FSC needs to confirm installation of the measures in accordance with the standards in the FSS.
• The FSS and FCS must be consistent with each other (where appropriate).

Failing to include statutory measures correctly in an FSS and FSC may cause problems to the owners of the building when submitting annual fire safety statements.

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NEWS IN BRIEF

Expressions of Interest - Board Committees

The Board recently sought new expressions of interest for membership of its Accreditation and Disciplinary Committees.  The Board is hoping to draw upon a pool of around 20 external committee members and is currently reviewing submissions received.

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The Board has received correspondence from the New South Wales Fire Brigade (NSWFB) regarding its new electronic document records management system “Oracle”.

Oracle will improve the management and use of information held by the NSWFB.  As a result, from 31 August 2009 the NSWFB is requesting all documents and correspondence (which includes plans) submitted to the Structural Fire Safety Unit and Building Compliance Unit be in electronic format and forwarded to firesafety.nswfb@fire.nsw.gov.au.  These documents include, but are not limited to:

-  C.144 Application for Initial Fire Safety Report
-  C.152 Application for Final Fire Safety Report
-  C.188 Application for Fire Safety Exemption
-  C.118 Lodgement of Fire Safety Concern.

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Fraudulent Home Warranty Insurance

There has been a marked increase in the detection of fraudulent certificates of home warranty insurance issued by licensed builders to home owners.  The Office of Fair Trading and the Home Warranty Insurance Scheme Board are working with insurers to address this issue.

If a certifier has any doubt as to the validity of a certificate they should confirm with the insurer (or broker) the authenticity of the certificate.  Contact details of insurers approved to provide home warranty insurance in NSW are available at www.fairtrading.nsw.gov.au.

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External wall cladding systems

The June 2009 edition of Victorian Building Commission’s Insites Magazine reported an increased  use of external wall cladding systems such as those incorporating polystyrene.

These systems are not referenced as a deem-to-satisfy solution in the Building Code of Australia (BCA).  The cladding system must therefore be presented as an alternative solution in a form that a building surveyor can assess and be satisfied that the material, form of construction or design meets the performance requirements of the BCA.

View the article

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Builders Warranty Insurers Withdraw

CGU Insurance and Lumley General Insurance recently announced they will no longer provide builders with warranty insurance.

From 30 November 2009, CGU Insurance will cease issuing new insurance policies for builders warranty while Lumley General will cease underwriting new customers effectively immediately and will cease to issue new insurance policies from 31 December 2009.

Accredited certifiers need to carefully examining insurance produced in support of construction certificates issued by these suppliers after 30 November 2009 (for CGU Insurance) and 31 December 2009 (for Lumley Insurance).

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Update to reticulated recycled water in BASIX

Reticulated recycled water remains a popular option for achieving the BASIX water targets in areas with a connection to a scheme.  Over 3,000 single dwellings nominated this option on their BASIX certificate from 2005 - 08.

Schemes are added to the BASIX on-line tool following an application from the scheme’s operator and assessment against a set of criteria.  Since January 2008 five new schemes have been added to the BASIX tool.

The most recent list of schemes can be found at www.basix.nsw.gov.au.

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Electronic Housing Code pilot project

The Department of Planning and the LGSA will be calling for Expressions of Interest from certifiers to participate in the electronic Housing Code (eHC) pilot project.

The project will develop and demonstrate a shared, integrated platform for end-to-end processing of applications made under the current version of the NSW Housing Code (lots greater than or equal to 450m²).  Twelve councils and a group of accredited certifiers who operate in these Council areas will be selected to participate in the pilot.

An invitation to express interest in the project and a short survey will be emailed to accredited certifiers by the Department.  If you have any questions please contact Helen Ting from the Department’s e-Planning team on (02) 9228 6504.

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Continuing Professional Development (CPD)

Accredited Certifiers: Professional Practice 2009
The Accredited Certifiers: Professional Practice course for 2009 focused on ethics.  The last of the sessions will be held on 29 October.  Certificates will be sent to those who attend the course or who do the course by correspondence.  The DVD will be forwarded to those who nominated to do the course by correspondence in the coming weeks.

Accredited Certifiers: Legislative Requirements 2009
Accredited Certifiers are advised that the second course of CPD will not be held and no additional course will need to be completed in its place.

More details

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Accreditation exam dates

The Board’s accreditation exam will be held in Parramatta on 21 October 2009 and 2 December 2009.

To register please call the Board on 02 9895 5950.  If you are in a regional area or interstate and would like to undertake the exam closer to your location, please contact the Board to discuss your options.

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BPBulletin - a new look

The BPBulletin is undergoing a face lift, a transformation.  The Board is trialling a new look for the BPBulletin, a structure that is similar to other e-news style publications.  It is hoped that the new format will make the information in the Bulletin is more accessible and user friendly.

As the audience of the BPBulletin, we would like to get your feedback.

If you wish to comment on the new format or even if you would like to tell us what sections of the BPBulletin you find most interesting or relevant, please e-mail us at bpb@bpb.nsw.gov.au.  Your feedback will help ensure the product we deliver meets the needs and preferences of its readers.

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