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Practice standard for registered certifiers – 1 – new residential apartment buildings cover 2020

Name

Practice standard for registered certifiers – 1 – new residential apartment buildings

Publisher

NSW Department of Customer Service

Version: 2020. (Current)

This Certifier Practice Standard is prepared by the Commissioner for Fair Trading under section 14 of the Building and Development Certifiers Act 2018 (B&DC Act); Section 14 provides that a registered certifier’s conditions of registration may require the certifier to carry out certification work in accordance with specified standards or methodologies prepared by the Commissioner.

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Page 3

… 1.1.1 Under which legislation are certifiers public officials?............................................................................4 1.1.2 … 1.1.3 How is the public official role recognised in the Building and Development Certifiers … 5 1.2.3 Potential conflicts between the public interest and the interests of owners, developers and … 8 2.1.2 The Code of Conduct requires certifiers to avoid conflicts of … Practice standard for registered certifiers – 1 – new residential apartment buildings iii …

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… 43 3.9.1 The determination of an application for a construction certificate............................................ 43 … 44 3.9.3 Where construction certificates are issued for a stage of building work............................... 44 3.10 Regulatory … 4.2.3 Building work and the Building Code of Australia............................................................................. … Practice standard for registered certifiers – 1 – new residential apartment buildings v …

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… Legal status This Certifier Practice Standard is prepared by the Commissioner for Fair Trading under section 14 of the Building and Development Certifiers Act 2018 (B&DC Act). Section 14 provides that a … work for new residential apartment buildings, being class 2 buildings under the Building Code of Australia (BCA) including multi-classified buildings, which contain a class 2 part that …

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… familiar with the relevant legislative requirements. The legislation provides the minimum set of legal requirements and does not set out everything that is required to carry out … work, nor does it set out how certification work should be undertaken or capture how practice evolves over time. The Practice Standard contains requirements for how certifiers carry … and impartially. • Report any corrupt behaviour to the relevant authorities. • Adhere to the Code of Conduct for certifiers. Understanding and application of the requirements of the public …

Page 14

… 1.1.3 How is the public official role recognised in the Building and Development Certifiers Act? The B&DC Act regulates … conditions on certifiers, investigate complaints, and audit and discipline certifiers. • A Code of Conduct with required principles, values and standards of behaviour for certifiers. • … 5 Section 42 of the B&DC Act 6 http://www5.austlii.edu.au/au/journals/AIAdminLawF/2006/2.pdf Practice standard for registered certifiers – 1 – new residential apartment buildings 5 …

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… range from threatening life and property (e.g. where non-compliance results in the collapse of a building or spread of a fire within it) to the reduction of a neighbour’s amenity (e.g. … and the potentially wide impacts of certification work on health, safety and amenity8. The Code of Conduct in the B&DC Regulation explicitly requires certifiers to act in the public … of the B&DC Regulation 10 Clause 31 of the B&DC Regulation 11 Clause 162 of the EP&A Regulation Practice standard for registered certifiers – 1 – new residential apartment buildings 6 …

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… certifiers act in the public interest? Certifiers can act in the public interest by acting professionally, with due care and diligence, and conscientiously endeavouring to do the right … it even though it may not be the outcome they wanted. Community standards and not ‘industry practice’ determine the appropriateness of a certifier’s actions as required by the B&DC Act12. The Code of Conduct in the B&DC Regulation explicitly requires certifiers to abide by community …

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… 2. Conflicts of interest This chapter provides advice to certifiers on the conflict of interest provisions … impacts on health, safety and amenity. Even the perception of bias can be damaging, and the Code of Conduct prohibits any conduct that could bring the profession of certifiers into … Clause 2 of Schedule 5 of the B&DC Regulation 16 Clause 6 of Schedule 5 of the B&DC Regulation Practice standard for registered certifiers – 1 – new residential apartment buildings 8 …

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… who is not the principal certifier may issue a compliance certificate despite having a conflict of interest in the work24. A certifier who is not the principal certifier may issue a compliance … issuing the compliance certificate, the certifier still has a general obligation under the Code of Conduct to avoid bias and uphold the public interest. A heightened level of diligence, … 28 of the B&DC Act 25 Clause 25 of the B&DC Regulation 26 Clause 25(4) of the B&DC Regulation Practice standard for registered certifiers – 1 – new residential apartment buildings 12 …

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… defined further in the legislation. Since certifiers are required to avoid even the perception of bias, ‘relationship’ should be interpreted broadly. Some examples of difficulties that may … benefits In addition to the conflict of interest offence provisions of the B&DC Act, the Code of Conduct contains requirements that relate to conflicts of interest. One of these is the prohibition on a certifier from Practice standard for registered certifiers – 1 – new residential apartment buildings 13 …

AS 1668.2-2012 Amd 2:2016 The use of ventilation and airconditioning in buildings, Part 2: Mechanical ventilation in buildings 2016 cover

Name

AS 1668.2-2012 Amd 2:2016 The use of ventilation and airconditioning in buildings, Part 2: Mechanical ventilation in buildings

Publisher

Standards Australia

Version: First Edition 2016. (Current)

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Page 16

… AMDT No. 2 DEC 2016 Appendix J, Paragraph J10 1 Delete the second line of the Equation and replace with the following: P  1.525  100 n1  n1d1  n2 d 2  2 Delete … Table title and replace with the following: 2 APPLICABLE AUSTRALIAN STANDARDS AND RELEVANT CODES Delete Table and replace with the following: Title Applicable Standard Pressurized rooms … and handling of flammable and combustible liquids AS 1940 Fume cupboards AS/NZS 2243.8 Code of practice for handling combustible dusts AS 4745 Gas installations—General installations AS/NZS …

AS/NZS 1170.0:2002 AMDT 2 Structural design actions, Part 0: General principles 2003 cover

Name

AS/NZS 1170.0:2002 AMDT 2 Structural design actions, Part 0: General principles

Publisher

Standards Australia/Standards New Zealand

Version: First Edition 2003. (Current)

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Page 3

… limits are given in Appendix C for loads associated with an appropriate annual probability of exceedance (P). Page 11 Section 3 Delete Section 3 and replace with the following: SECTION 3 … be determined by a special study. NOTE: For buildings within Australia, refer to the Building Code of Australia. 3.2 DESIGN REQUIREMENTS A structure shall be designed and constructed in such … will not be called up in the New Zealand Building Code until Part 4 of NZS 4203:1992 Code of Practice for General Structural Design and Design Loadings for Buildings has been revised and …

AS/NZS 1891.4:2009 Amd 1:2021 Industrial fall-arrest systems and devices, Part 4: Selection, use and maintenance 2021 cover

Name

AS/NZS 1891.4:2009 Amd 1:2021 Industrial fall-arrest systems and devices, Part 4: Selection, use and maintenance

Publisher

Standards Australia/Standards New Zealand

Version: First Edition 2021. (Current)

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Page 3

… and replace with “AS/NZS ISO 22846 Parts 1 and 2”. Cl 1.3 1 2 Add the following to the list of Australian Standards after AS 1666.2: 1891 Personal equipment for work at height 1891.5 Part … Rope access systems 22846.1 Part 1: Fundamental principles for a system of work 22846.2 Part 2: Code of practice Cl 1.5 In the second paragraph, after “AS/NZS 1891, Parts 1, 2 and 3”, add “, and AS …

AS 5113:2016 Amd 1:2018 Classification of external walls of buildings based on reaction to fire performance 2018 cover

Name

AS 5113:2016 Amd 1:2018 Classification of external walls of buildings based on reaction to fire performance

Publisher

Standards Australia

Version: First Edition 2018. (Current)

The 2016 edition of AS 5113 is amended as follows.

AS/NZS 1596:2014 Amd 1:2017 The storage and handling of LP Gas 2017 cover

Name

AS/NZS 1596:2014 Amd 1:2017 The storage and handling of LP Gas

Publisher

Standards Australia/Standards New Zealand

Version: Fourth Edition 2017. (Current)

The 2014 edition of AS/NZS 1596 is amended as follows.

AS 1851-2012 Amd 1:2016 Routine service of fire protection systems and equipment 2016 cover

Name

AS 1851-2012 Amd 1:2016 Routine service of fire protection systems and equipment

Publisher

Standards Australia

Version: Third Edition 2016. (Current)

Building Certification Guide 5th edition, 2022 cover

Name

Building Certification Guide

Publisher

Passive House Institute

Version: 5th edition, 2022. (Current)

This Guide is intended to supplement to the "Criteria for the Passive House, EnerPHit and PHI Low Energy Building Standards" ("Criteria") published by the Passive House Institute and posted online; it explains the Criteria's require-ments given here in a brief and precise manner.

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