Questions and answers on the product certification scheme
1. What is the purpose of product certification?
The scheme, which operates under the brand name of ‘CodeMark’, is designed to provide an easily understood, robust and cost-effective way to demonstrate that a building product or method meets the requirements of the New Zealand Building Code.
Product certification will contribute to the efficiency of building consent processing and the affordability of buildings.
2. How does it work?
The scheme relies on a Product Certification Body (PCB) determining product conformity. That may include assessing a sample or samples of the product as used or installed, and factory and/or site visits by the PCB.
Certification will also include periodic audits to ensure that compliance is being achieved and can be maintained.
3. What is the difference between product certification and an appraisal?
Product certification has legal status equivalent to a Compliance Document. It is deemed to comply with the Building Code.
All building consent authorities (BCAs) must accept certification as evidence of Building Code compliance, if the product is being used in accordance with the certificate and its instructions.
In comparison, an appraisal is a technical opinion and has no legal status. It can support a building consent application, and assist a BCA to decide whether a product or construction method complies with the Building Code.
4. When will the scheme come into effect in New Zealand?
Development of the scheme is now complete. The Regulations came into effect on 30 October 2008.
5. Can I apply for a product certificate now?
Yes. Two PCBs (SAI-Global and GlobalMark) are seeking expressions of interest from possible certification applicants now. Both these organisations have been appointed as PCBs in Australia as part of the CodeMark Scheme.
For JAS-ANZ to appoint a PCB in New Zealand will involve considering how that proposed PCB undertakes the assessment of a product.
If you want to know more about the benefits of product certification, or to discuss how to gain certification, please contact either organisation below:
The Department’s website will be updated when PCBs are appointed in New Zealand. Notification will also be sent through the Department’s BC Update.
The Department will maintain a register of all PCBs
6. What do the regulations cover?
The regulations
set out the rules under which the product certification scheme operates in New Zealand. They prescribe:
- Criteria and standards for the accreditation of PCBs.
- Criteria and standards for the certification of building products and methods.
- The content of product certificates issued under the Building Act 2004.
- Fees payable by applicants seeking to be accredited PCBs.
7. What are the key organisations and their roles in the scheme?
A) Department of Building and Housing (DBH)
The Chief Executive appoints a product certification accreditation body and maintains a register of accredited PCBs and certified building products, methods or systems.
b) Product Certification Accreditation Body (PCAB)
This PCAB will accredit bodies that evaluate and certify products or methods as being compliant with the Building Code. JAS-ANZ, which was established by a treaty between the New Zealand and Australian governments, has been appointed as the PCAB to accredit bodies in New Zealand.
JAS-ANZ is a not-for-profit, fee-for-service organisation. It currently accredits 57 conformity assessment bodies that operate more than 70 different schemes providing management, product and personnel certification and inspection. More information on JAS-ANZ can be found at www.jas-anz.com.au
c) Product Certification Body (PCB)
PCBs are accredited by the Product Certification Accreditation Body. The PCBs audit, certify and issue a product certificate if a building product or construction method meets the criteria and standards set out in the Building Act 2004 and regulations.
d) Building Consent Authority (BCA)
A BCA (generally a territorial authority) is required to accept product certificates as establishing compliance with the New Zealand Building Code, provided that any additional conditions in the certificate have been met.
8. What is the path to certification?
The proprietor of a building product or method (such as a product owner, manufacturer, importer, supplier or marketer) will be able to apply to a PCB for certification that a product or method complies with the New Zealand Building Code.
Applicants will be required to provide evidence of how they believe their product or method complies with the Building Code, and how their manufacturing systems will continue to produce compliant products.
The PCB will assess the product or method. Assessments may include a review of product test results, manufacturing processes and procedures, quality control inspections and the manufacturer’s technical literature.
If the certificate is granted for compliance with the New Zealand Building Code, details of the product certificate are then held on a public register maintained by this Department.
9. How long will a product certificate be valid for?
In New Zealand, product certificates will be valid for an indefinite period but will be subject to annual audit to ensure compliance.
10. What are my responsibilities once my building product or construction method is certified or changes in some way?
Certificate holders have a responsibility to ensure the certified product or construction method continues to be manufactured to the same standards, levels and quality as those against which it was assessed and certified.
The certificate holder must notify the PCB of any proposed modification to the product or the manufacturing process.
11. Is product certification compulsory?
No. Product certification is voluntary. The decision on whether to use it will lie with individual building products and methods’ manufacturers, suppliers and importers.
Building product certification is not the only way to provide the appropriate level of information to demonstrate Building Code compliance. However, it is likely to be effective for new and innovative products or those products with potentially significant consequences in the event of failure.
Other methods of demonstrating building code compliance include proven performance in use, or an appraisal from an independent organisation such as BRANZ. However, such methods are fundamentally different from product certification because the BCA must consider them as part of the normal building consent process.
12. How is the New Zealand scheme aligned with Australia?
The trans-Tasman building products market is becoming increasingly integrated. The Department has worked closely with Australian building authorities to develop the scheme.
In Australia, the Australian Building Codes Board (ABCB) has similar responsibilities to this Department. It has been operating a product certification scheme for a number of years. In July 2005, the Department and the ABCB signed a Memorandum of Understanding to establish and administer an aligned scheme.
Out of this cooperation has developed a harmonised product certification scheme branded on both sides of the Tasman as ‘CodeMark’
However, because the building codes in New Zealand and Australia do differ, product certification in one country will not automatically extend to the other. While trans-Tasman product certification will be closely aligned, products will need to be certified separately for New Zealand and Australia.
13. Who will use the product certification scheme?
It is expected that manufacturers, suppliers, importers and marketers of building products and systems will apply.
Product certification will be particularly useful for the proprietors of products and methods of construction that are innovative, new or relatively untried, or where certification offers marketing advantages.
14. Will the scheme increase building costs?
There will be a cost to the proprietor of a product or method of construction for initially gaining and then maintaining certification (ie ongoing audit fees). But this is unlikely to be significant in relation to the total cost of product manufacture and distribution.
By providing a cost effective method to ensure compliance with the Building Code, over the longer term the scheme will contribute to holding or lowering building costs.
15. How will the costs of the scheme be met?
The Product Certification Accreditation Body, JAS-ANZ, is a statutory, fee-funded, not-for-profit organisation. Its fees are collected from product certification bodies. These fees are:
- set by regulations
- are reviewed regularly by the Department.
Product certification applicants will be charged a fee by the PCBs. This fee will cover a proportion of the accreditation costs and the costs of evaluating the product or method for compliance.
The regulations do not cover what these costs should be. Fees are a private arrangement between the PCB and the applicant.
16. How can I check if a product is certified?
The Department is required to establish a public register of the names and contact details for all certified products. The register will be available on this website as products and construction methods become certified.
17. What happens to product certificates issued under the previous scheme?
Subject to periodic assessment to confirm compliance, product certificates issued under the previous scheme run by the Building Industry Authority will remain valid. They are included in the product certification register on this website.
18. How is product liability affected by the scheme?
The scheme is not intended to change the current liability framework for products used in building construction. However, BCAs will not be liable when they rely in good faith on a current product certificate.
19. Where can I get further advice and information on the product certification scheme and CodeMark?
Product certification is not the only way to demonstrate Building Code compliance. However, it is likely to be effective for new and innovative products and methods of construction, or for those products with significant consequences in the event of failure.
Other methods of demonstrating a product or method is code compliant include:
- appraisals
- professional decisions
- other independent testing
- comparison with an acceptable solution.
While a BCA would not accept any of these approaches as mandatory, they would be taken into account.
20. Where can I get further advice and information on the product certification scheme and CodeMark?
Call the Department’s contact centre (0800 242 243), or email info@dbh.govt.nz.