Report on the Review of the Building Code: 8 Principal findings of the review
8.1 Extent to which the Building Code meets the requirements of the Act
The Department undertook a top-down assessment of various parts of the purpose (Section 3) and principles (Section 4) of the Act, to assess the extent to which the Building Code meet the requirements of the Act.
Section 3 contains the purpose of the Act.
Section 4 contains the principles that must be taken into account in setting the requirements of the Building Code.
Section 3 of the Building Act 2004
Purpose
The purpose of this Act is to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings, to ensure that—
(a) people who use buildings can do so safely and without endangering their health; and
(b) buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
(c) people who use a building can escape from the building if it is on fire; and
(d) buildings are designed, constructed, and able to be used in ways that promote sustainable development.
Section 4 of the Building Act 2004
Principles
(2) In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:
(a) when dealing with any matter relating to 1 or more household units,—
(i) the role that household units play in the lives of the people who use them, and the importance of—
(A) the building code as it relates to household units; and
(B) the need to ensure that household units comply with the building code:
(ii) the need to ensure that maintenance requirements of household units are reasonable:
(iii) the desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units:
(b) the need to ensure that any harmful effect on human health resulting from the use of particular building methods or products or of a particular building design, or from building work, is prevented or minimised:
(c) the importance of ensuring that each building is durable for its intended use:
(d) the importance of recognising any special traditional and cultural aspects of the intended use of a building:
(e) the costs of a building (including maintenance) over the whole of its life: (f) the importance of standards of building design and construction in achieving compliance with the building code:
(g) the importance of allowing for continuing innovation in methods of building design and construction:
(h) the reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so:
(i) the need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to
(i) household units (whether on the same land or on other property); and
(ii) other property:
(j) the need to provide for the protection of other property from physical damage resulting from the construction, use, and demolition of a building:
(k) the need to provide, both to and within buildings to which section 118 applies, facilities that ensure that reasonable and adequate provision is made for people with disabilities to enter and carry out normal activities and processes in a building:
(l) the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value:
(m) the need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings:
(n) the need to facilitate the efficient and sustainable use in buildings of—
(i) materials (including materials that promote or support human health); and
(ii) material conservation:
(o) the need to facilitate the efficient use of water and water conservation in buildings:
(p) the need to facilitate the reduction in the generation of waste during the construction process.
Both the purpose and principles focus on the needs of consumers (defined as occupiers of housing and other dwellings) and on recognising the special place that houses have in people's lives by providing shelter and protection from the elements. The concept of durability is introduced as a principle, to ensure a building will continue to meet standards throughout its intended life.
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8.1.1 Safety
The Act requires (section 3) that people who use buildings can do so safely.
Safety is not a new requirement of building regulation. The Department looked at current safety requirements in terms of clarity, societal expectations, sustainability and alignment with other regulations. Some of the findings are addressed in other parts of this report.
Safety can be divided into three parts from the perspective of building features: structural performance; fire and emergency safety; and safety of users.
Structural performance
Structural performance refers to the maintenance of structural integrity, stability, means of support, and the limitation of damage and loss of amenity of buildings.
The Department found that, in general, the Building Code performed adequately to achieve the safety purpose in terms of structural safety, but would be improved by lifting the safety and reliability metrics contained in the Compliance Documents into the Code itself. The Department also considered it necessary to revise performance groups and introduce tolerable impact levels as a means of defining performance requirements.
Recommendations on structural performance are described in sections 9.3.1 and 9.4.2 of this report.
Fire safety
Fire safety refers to safeguarding people and neighbouring property against fire and other related hazards, preventing the spread of fire, and providing means of escape from fire and other emergencies.
The Department found that the Building Code fire safety requirements were unclear. The lack of clarity in both the Code and Compliance Documents has led to inconsistent interpretation by fire engineers and territorial authorities, and disputes about the safety of fire designs for proposed buildings.
Recommendations on fire safety are described in sections 9.4.3 and 9.5.2 of this report.
Safety of users
Safety of users refers to the risks encountered by people in and around buildings. These include: slips, trips, falls, collisions; burns and scalds; electrocution; explosions; being trapped or injured by mechanical means; drowning; hazards from brittle elements; and hazards from building materials.
The Department found that, in general, the Building Code addresses safety of user features, but does not fully address protection from hot surfaces and substances, nor does it address the risk of harm from excessively loud alarms. It also found that Building Code requirements on hazardous substances and the Hazardous Substances and New Organisms Act 1996 should be aligned.
Recommendations on safety of users are described in sections 9.3.3 and 9.4.6 of this report.
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8.1.2 Health
The Act requires (section 3) that people who use buildings can do so without endangering their health, and that buildings have attributes that contribute appropriately to the health of people who use them.
Health is not a new requirement of the Act. The Department looked at health requirements in terms of clarity, societal expectations, sustainability and alignment with other regulations.
The quality of the indoor climate and provisions of sanitation features influence the health of people in buildings.
Indoor climate
Indoor climate refers to the quality of indoor air, the moisture conditions that contribute to poor air quality, and the indoor air temperature required for health and comfort.
The World Health Organization (WHO) recommends a minimum indoor temperature for health of 18ºC, with up to 20-21ºC for more vulnerable groups such as older people and young children.
The recently completed 10-year household energy end use project (HEEP) has found that houses in New Zealand do not meet WHO-recommended temperatures.6 Winter excess mortality for people over 65 years of age is greater in New Zealand than in Northern Europe, which may reflect differences in the quality of housing.7
The Department identified inadequacies in the Building Code's requirements for indoor temperatures, which address the heating requirements of young children and older people in certain buildings, but not the population in general.
The HEEP study shows that the temperatures required in the Code are inadequate for health.
Recommendations on indoor climate are described in sections 9.4.5 of this report.
Sanitation
Sanitation addresses the risks of illness due to insanitary conditions caused by exposure to human or domestic waste, consumption of contaminated water, and inadequate facilities for personal hygiene, laundering and food preparation.
The Department found that, in general, the Building Code addresses sanitation requirements (hygiene, water quality), but does not address sanitation requirements for water and waste recycling that would be required if these were introduced to address sustainable development outcomes.
Recommendations on sanitation are described in sections 9.3.4 and 9.4.7 of this report.
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8.1.3 Wellbeing and physical independence of buildings users
The inclusion of wellbeing and physical independence in the purpose of the Act gives greater emphasis to building users and the special place that buildings have in people's lives.
The Building Code incorporates these concepts in an amenity objective which parallels health and safety objectives. Amenity is described as 'an attribute of a building which contributes to the health, physical independence, and wellbeing of the building's users but which is not associated with disease or specific illness'.
Wellbeing and physical independence are influenced by factors such as space, protection from noise, light, connection to the outdoors, and access.
The Building Code includes provision for space in aged-care facilities only. There are no requirements for space in other types of buildings.
Concerns were expressed during consultation that the size of apartments being provided in some new developments did not provide enough space for owners/occupiers to meet their needs for wellbeing and comfort.
The Building Code has requirements for noise transmitted between adjacent occupancies, but not for noise transmitted from an external source outside the building, or noise transmitted between habitable spaces and other parts of the building in 'mixed use' buildings that house other functions, such as a gymnasium.
The Building Code has natural light requirements, and buildings are required to provide visual aware-ness of the outside environment. With the trend to more intensive urban development, concerns have been raised about how apartments in particular connect to the outdoors in relation to natural light and sunlight, balcony size, blocking of views and the adequacy of current requirements.
To meet the physical independence objective, the Act contains provisions on access to buildings by persons with disabilities in sections 117 to 120. The Act defines a 'person with a disability' as a person who has an impairment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limitation, any of a physical, sensory, neurological or intellectual impairment, or a mental illness. The term 'impairment' is preferred to 'disability' in the NZ Disability Strategy.
An ageing population brings an increasing focus on mechanisms that will enable people to live in their homes as they get older, such as adaptable or universal designs. The Department recognises the need to 'future proof' to meet emerging needs.
The growth in apartment dwelling also creates a need to consider how people enter and leave apartments in multi-level dwellings.
The Building Code has provisions for access routes and mechanical installations for access. These are detailed prescriptive requirements that do not fit readily with the concept of a performance-based Code, but the requirements are clear.
Section 119 cites New Zealand Standard NZS 4121 Design for Access and Mobility, Buildings and Associated Facilities as a means of compliance with the Building Code. Schedule 2 of the Act lists the buildings that require access and facilities for people with disabilities. The citing of NZS 4121 in the Act as a means of compliance is unique, and can cause confusion and problems for compliance.
The Building Code requires some buildings to be provided with wayfinding features and other features to assist people with impairments, such as listening systems for people with a hearing impairment. The Department considered wayfinding and other features for people with other impairments.
Some submitters raised concerns about the means of compliance for access and mobility, and whether these were capable of meeting the future needs of all building users, including disabled people, in an ageing society.
Recommendations on features for wellbeing and physical independence are described in sections 9.3.2 and 9.5.3 of this report.
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8.1.4 Sustainable development
The 2004 Act incorporated in its purpose for the first time the requirement that buildings be designed, constructed and able to be used in ways that promote sustainable development.
The internationally accepted definition of sustainable development, used in the government's Sustainable Development Programme of Action, is 'development which meets the needs of the present, without compromising the ability of future generations to meet their needs'.8
The principles in the Act provide a reference point for the interpretation of sustainable development as it applies to building work. People applying the Act must take account, where relevant, of:
- the importance of the provisions of the Building Code as they relate to household units
- prevention or minimisation of harmful effects on human health from buildings methods, products, work and designs
- durability
- recognising any special traditional and cultural aspects of the intended use of a building
- the costs of a building (including maintenance) over the whole of its life
- the importance of allowing for continuing innovation in methods of building design and construction
- the protection of other property9 from physical damage resulting from the construction, use, and demolition of a building
- provision for people with disabilities
- preservation of buildings with significant cultural, historical or heritage value
- facilitating the efficient use of energy and energy conservation, and the use of renewable sources of energy in buildings
- facilitating the efficient and sustainable use in buildings of materials and material conservation
- facilitating the efficient use of water and water conservation in buildings
- facilitating the reduction in the generation of waste during the construction process.
Taking a longer-term view is an important aspect of sustainable development. The Department has considered trends and predictions of change as well as assessing the implications of these trends for the way that buildings are used. These were discussed in section 3 of this report.
The Building Code addresses some, but not all, of these principles. It attempts to limit the energy used for operating new buildings on a day-to-day basis by requiring designers to address energy efficiency. It sets limits on the design energy demand for heating housing and commercial buildings (which leads to the installation of insulation and, in some cases, double glazing), has energy efficiency requirements for domestic water heating systems, and has requirements for the efficiency of lighting in commercial buildings. Amendments to the Building Code to further improve energy efficiency of space heating and commercial lighting were recently announced by the government.10
The Building Code does not account for the energy used over the whole lifecycle of a building. (Energy is used in the construction, operation, maintenance and demolition of the building, and is used directly or indirectly to produce and transport building materials.)
Nor does the Building Code have any requirements for the efficient use of material for minimising waste from construction and demolition, or for conserving water or using it more efficiently.
The Building Code is not clear about durability requirements for buildings. It requires building elements to last for a certain length of time with normal maintenance. These time periods do not necessarily reflect how consumers expect buildings to perform. They can also provide a disincentive for the building industry to develop products that last longer. The term 'normal maintenance' is not clearly defined in the Building Code, which leads to uncertainty about what should be expected for durability.
The Department concluded that the Building Code did not adequately address the purpose of promoting sustainable development.
Recommendations on resource efficiency are described in section 9.5.1 of this report.
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8.2 Extent to which the Building Code is clear and easy to use
The Department considered whether the Building Code was clear and easy to use in terms of how it was structured, and how clearly the performance requirements were stated.
8.2.1 Clarity of Code Structure
The Building Code is currently set out under sections A to H:
- A General Provisions
- B Stability
- C Fire Safety
- D Access
- E Moisture
- F Safety of Users
- G Services and Facilities
- H Energy Efficiency
The Department found that the Building Code structure was clearly understood by those who used the Code daily. However, the structure does not clearly align the sections with the safety, health, wellbeing and sustainable development purposes of the Act, and would need to be amended to accommodate some of the new performance requirements recommended in this review.
The Department considered whether a separate section on building features for people with impairments would improve outcomes for people who rely on those provisions. It heard a diverse range of opinions about this.
It concluded that, on balance, performance requirements should meet society's expectations for people, including those with impairments, even though different solutions may be required to meet particular needs. It concluded that addressing the performance requirements throughout the Building Code, for example in each of the fire safety, sanitation and features for wellbeing and physical independence sections, would improve the 'mainstreaming' of these provisions.
Recommendations on the structure of the Building Code are described in section 9.1.1 of this report.
8.2.2 Clarity of Building Code format
Section 400 of the Building Act requires that the Building Code prescribe functional requirements for buildings and the performance criteria that buildings must comply with in their intended use.
The Building Code contains an Objective statement for each clause. The Act does not require the Code to contain Objective statements, but these statements provide a useful link between the Code's functional requirements and the purposes of the Act.
There is some confusion in the Building Code between functional statements and performance requirements. Performance requirements are often just expanded functional requirements.
Proposed functional statements are set out in section 9.1.3. It is recommended that objective statements be retained in the Building Code and be amended to clearly align with the new purposes of the Act.
8.2.3 Clarity of performance requirements
The Building Code uses unclear expressions such as 'adequate' and 'reasonable' to describe its performance requirements. These requirements should be clearly specified and, where possible, quantified to avoid ambiguity.
Being specific about performance requirements should not be confused with prescription. It is the performance that is being specified and clarified, not the means of achieving the performance.
The Type 1 recommendations in section 9.3 are intended to clarify the current requirements.
8.2.4 Access to the Building Code and related documents
The Department found that the Building Code and its Compliance Documents were readily available on the Department of Building and Housing website at no cost. Key Standards cited in Compliance Documents are available for inspection at the offices of the Department.
The Department also considered that alternative arrangements of functional requirements and performance criteria could be available to meet the diverse requirements of stakeholders.
Further proposals are discussed in section 9.1.3 of this report.
6 Isaacs N et al. (2006) Energy use in New Zealand Households report on the year 10 analysis for the household energy end use project (HEEP), Branz Limited.
7 Isaacs N and Donn M (1993) Health and housing - seasonality in New Zealand mortality, Australian Journal of Public Health 17(1), 68-70.
8 Sustainable Development for New Zealand Programme of Action, January 2003, DPMC.
9 Other property means any land or buildings, or part of any land or buildings, that are not held under the same allotment; or not held under the same ownership; and includes a road.
10 See www.dbh.govt.nz/news-index