On-Site Insight Edition 5 - 2010

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1 The Master Builders Association of the ACT has put forward a series of constructive proposals to improve building quality in the ACT, particularly concerns about multi-dwelling units. Master Builders are concerned that a mounting campaign in the media could result in unnecessary and costly over- regulation of the building industry. In response to mounting pressure over quality of building issues, the Minister for Planning Andrew Barr convened a Quality of Building Forum at the end of July, attended by the Master Builders and about 30 other representatives. Master Builders in addressing the Forum warned of the potential costs of over-regulation, of the need for existing inspection requirements to be met, rules to be followed and of the importance of improved training. The Master Builders believes the best solution, for consumers and for the building industry, is for the Government and industry to support better industry training in the skill areas that are causing problems and for the Government’s agencies to better enforce existing rules. The Master Builders is concerned that some consumer groups are calling for more new building rules and requirements. The Master Builders believes consumers, unit-owners and the ACT Government should appreciate that the current problems regarding a minority of poor-quality constructions, particularly in the multi-unit sector, comes not from inadequate rules but from inadequate skills in the industry and from poor enforcement of existing rules. If costly new rules and regulations are introduced to address poor-quality building by a very small minority of builders – whom the industry acknowledges do exist and who have caused concerns to those builders who do the right thing, and to the Master Builders – the increased costs will be felt by all consumers. The honest builders who undertake good quality work will have to pass on the increased costs to their customers. All of which will affect housing affordability in the ACT. Mr Barr said after the Forum the number of mandatory inspections required for new developments above three storeys high would be increased from the present requirement of non-mandatory inspections. Inspections increased The Master Builders has been invited to participate in four working groups established by the Minister and convened by ACTPLA, which will make recommendations on insurance provisions in relation to building defects; the appointment of building certifiers and the accountability of certifier to building owners; increasing industry skills and competence; and more effective supervision. Master Builders seek solutions to building quality concerns CONTINUES NEXT PAGE >> EDITION 5-2010 Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: [email protected] Web: www.mba.org.au MASTER BUILDERS EXECUTIVE COUNCIL President – Ross Barrett Treasurer – Simon Butt Commercial Builders Council Chair – Sam Delorenzo Civil Contractors Council Chair – Peter Middleton Residential Builders Council Chair – Andrew Kerec Professional Consultants Council Chair – Hans Sommer Suppliers and Subcontractors Council Chair – Peter Fairburn MASTER BUILDERS MANAGEMENT TEAM Executive Director – John Miller Deputy Executive Director – Jerry Howard Director Industrial Relations – Mike Baldwin Senior Management Accountant – Louise MacCallum Senior Manager - Marketing & Membership Services – David Leitch MASTER BUILDERS GROUP TRAINING General Manager – Wendy Tengstrom

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Master Builders Association of the ACT newsletter

Transcript of On-Site Insight Edition 5 - 2010

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The Master Builders Association of the ACT has put forward a series of constructive proposals to improve building quality in the ACT, particularly concerns about multi-dwelling units. Master Builders are concerned that a mounting campaign in the media could result in unnecessary and costly over-regulation of the building industry.

In response to mounting pressure over quality of building issues, the Minister for Planning Andrew Barr convened a Quality of Building Forum at the end of July, attended by the Master Builders and about 30 other representatives.

Master Builders in addressing the Forum warned of the potential costs of over-regulation, of the need for existing inspection requirements to be met, rules to be followed and of the importance of improved training.

The Master Builders believes the best solution, for consumers and for the building industry, is for the Government and industry to support better industry training in the skill areas that are causing problems and for the Government’s agencies to better enforce existing rules.

The Master Builders is concerned that some consumer groups are calling for more new building rules and requirements. The Master Builders believes consumers, unit-owners and the ACT Government should appreciate that the current problems regarding a minority of poor-quality constructions, particularly in the multi-unit sector, comes not from inadequate rules but from inadequate skills in the industry and from poor enforcement of existing rules.

If costly new rules and regulations are introduced to address poor-quality building by a very small minority of builders – whom the industry acknowledges do exist and who have caused concerns to those builders who do the right thing, and to the Master Builders – the increased costs will be felt by all consumers. The honest builders who undertake good quality work will have to pass on the increased costs to their customers. All of which will affect housing affordability in the ACT.

Mr Barr said after the Forum the number of mandatory inspections required for new developments above three storeys high would be increased from the present requirement of non-mandatory inspections.

Inspections increasedThe Master Builders has been invited to participate in four working groups established by the Minister and convened by ACTPLA, which will make recommendations on insurance provisions in relation to building defects; the appointment of building certifiers and the accountability of certifier to building owners; increasing industry skills and competence; and more effective supervision.

Master Builders seek solutions to building quality concerns

CONTINUES NEXT PAGE >>

Ed

ition

5-2010

Master Builders Association of the ACT1 Iron Knob St, Fyshwick ACT 2609PO Box 1211, Fyshwick ACT 2609

Tel: (02) 6247 2099Fax: (02) 6249 8374

Email: [email protected]: www.mba.org.au

MAsTEr BuildErs ExECuTivE CounCilPresident – Ross BarrettTreasurer – Simon ButtCommercial Builders Council Chair – Sam DelorenzoCivil Contractors Council Chair – Peter MiddletonResidential Builders Council Chair – Andrew KerecProfessional Consultants Council Chair – Hans SommerSuppliers and Subcontractors Council Chair – Peter Fairburn

MAsTEr BuildErs MAnAgEMEnT TEAMExecutive Director – John MillerDeputy Executive Director – Jerry HowardDirector Industrial Relations – Mike BaldwinSenior Management Accountant – Louise MacCallumSenior Manager - Marketing & Membership Services – David Leitch

MAsTEr BuildErs group TrAining General Manager – Wendy Tengstrom

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The working groups will make recommendations to the Minister, who will report to the ACT Legislative Assembly in September.

The Master Builders advised the Forum that one of its key goals, as a responsible building association, is to train apprentices and cadets to satisfy the future skills needs of our industry.

The Master Builders has an ongoing commitment to training and upskilling of its members through continuing professional development training and regular updates and technical guidance material for its members.

Some of the common building defects that have been identified, primarily in multi-unit construction, relate to waterproofing and rendering of building facades. The Master Builders is currently working actively with waterproofing component manufacturers to develop specific training in the application and detailing of waterproofing membranes; and is seeking increased training opportunities for renderers. These efforts should be supported.

Training vitalThe Government needs to support greater investment by the building industry in raising skills and knowledge about water-proofing and rendering. Some multi-unit designs, such as tiered balconies, are inherently complex but they are also in great demand.

Government should support industry efforts to better meet consumer expectations.

An important and insufficiently recognised issue with multi-unit developments, the Master Builders said, is that builders are being required to proceed without adequate plans and specifications. Building certifiers need to be supported to ensure that plans and specifications meet adequate standards – and the risk of auditing needs to be made more real. Inadequate plans and specifications are putting inappropriate responsibility on to contractors and sub-contractors who often don’t have the skills or resources to address plan and specification deficiencies.

It is critical that the building certifier is satisfied that the quality of documentation provided is acceptable and will deliver a finished project that complies with the Building Act and the Building Code of Australia. The building certifier needs to be supported to ensure that the building work complies with those plans and specifications.

The licensed builder or the nominee is responsible under the Building Act and the Construction Occupations Licensing Act for providing adequate supervision of the sub-trades under his or her control. Companies, especially larger companies, must employ more nominees to ensure that the projects are adequately supervised during the construction phase.

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On-site Insight Edition 1 – 2010 featured an article on Balcony Deck Construction and Waterproofing. It was titled ‘Why can’t we get it right???’.

Many pertinent points were covered and it is well worth re-reading as ‘getting it wrong’ is not an acceptable outcome.

This earlier editorial focused on the many issues associated with the finishes and fixtures. However, equally important is the structure which must be appropriately designed, detailed and constructed. Ultrafloor has considerable experience in this regard and has been invited to write this editorial as a follow up.

The most critical balconies from a water-proofing perspective are those over habitable spaces.

These external concrete slabs are cast integrally with the internal slab and the interface typically incorporates a step. Thermal movements need to be controlled and the potential for significant cracking has to be avoided.

Concrete as a material offers a unique advantage to provide a continuous surface of almost any shape. Steps, falls, fillets, upstands even planter boxes can all be incorporated.

There is an understandable desire to accommodate the needs of disabled persons within all buildings and there has been a rethink in the way the transition points to balconies should be detailed. Steps have been getting smaller and some designers have removed them all together.

We must get it right!!!

A good detail with a vertical step at the threshold.

A good detail with sloping tiles at the threshold to facilitate wheelchair egress.

A flush threshold requiring extreme care with the threshold detail. Especially in an exposed situation.

A balcony with no falls, no step and limited roof cover - waterproofing issues at the junction?

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Extra special care is needed to get this right.

In most balconies joints are avoided as these would exacerbate the waterproofing challenge. All concrete has the potential to crack and needs to be controlled by correctly designing and comprehensively detailing the reinforcement.

When it comes to construction on site there are four key requirements :

• The reenforcing must be precisely located as per the design providing the correct cover to the external surface. Excessive cover is likely to lead to excessive shrinkage cracking.

• The concrete must be of the correct specification and slump.Generally 32MPa minimum compressive strength and 100mm maximum slump. Uncontrolled water addition on site very readily leads to problematic cracking.

• The concrete needs to be laid to the correct falls which should have been specified on the contract drawings. Ponding of water must be avoided if the deck is to be waterproof and this means 1% minimum fall.

• The concrete deck must be cured in accordance with good practice. Note that wind in particular is the enemy of freshly laid concrete and this often results in plastic cracking – a problem exasperated by slumps greater than 100mm.

It is very important to note that a good quality waterproofing membrane is always recommended as a primary defence where a balcony is over a habitable space.

This may be a torch-on or an adhesive membrane, or alternatively, a good quality liquid applied membrane such as a modified acrylic or a straight polyurethane product. Liquid applied membranes can be simply overlaid with ceramic tiles but it is essential the specified membrane thickness is achieved with multiple coatings and that all other aspects of the application are as per the manufacturers recommendations.

Acrylic liquid applied membranes that were commonly used in the past are no longer recommended by the manufacturers for exposed balcony decks. They are at risk of re-emulsifying over time which can lead to a failure in the water-tightness of the structure.

Given the critical application some designers choose to have a second line of defence. This may be a surface applied penetrating product or an integral waterproofer from suppliers such as Penetron, Xypex or Protectcrete. Note that the integral waterproofers tend to be used less and surface applied products as the treatment is required over a relatively small portion of the total slab.

In summary, the treatment of balconies in the construction process demands special care if problems are to be avoided. This is a holistic approach starting with the design, the detailing and the selection of materials and finishing with the attention to detail during the construction phase. This process requires an input of significant time and the allocation of a appropriate budget. To do otherwise is inviting problems in the future, problems that are very difficult and expensive to fix.

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The failure of waterproofing in Residential Buildings ranks in the top two of all time construction defects and insurance claims. The $500 per room construction cost of waterproofing a bathroom too often leads to a $10,000.00 rectification bill should that installation prove faulty. The ramifications of a waterproofing failure on a large landscaped podium deck can easily prove financially catastrophic for both the builder and sub-contractor. The recent forum on the quality of building work convened by the ACT planning minister highlighted on going problems for the industry associated with waterproofing,some of these problems related to application of the waterproofing and some related to product specification.

A fledgling low cost industryThe installation of waterproofing is governed by the following Australian Standards:

1. Waterproofing of Wet Areas within Residential Buildings AS 3740 (2004) replacing AS3740 (1994) and

2. AS 4654.1 (2009) Waterproofing Membrane Systems for Exterior Use – above ground.

AS 3740-2004 originally come into effect in 1989 and was reviewed in 1994 and of course 2004 so it is now 6 years old. AS 4654.1-2009 was introduced in 1970 as AS CA55 and mainly dealt with the installation of Asbestos based roofing felts. It was updated only recently, in 2009, some 39 years later. It could be argued that the time frame of the AS reviews reflect the past attitudes of the industry.

Traditionally in Australian construction budgets waterproofing comprises no more than 1% of the total budget. European and North American construction companies allow up to 3% based on bitter past experience. First tier Australian Construction companies are currently revaluating their estimates in the wake of the popular surge of Owners’ Corporations employing dedicated experts and their legal collaborators issuing detailed defects lists and lodging court notices.

Where have all the “Tradies” gone?The lack of well trained and qualified waterproofing tradesmen and licensed Waterproofing Companies directs the builder into attaching the waterproofing works to a different trade in the tender process. The tiler is invited to submit a price for all “waterproofing” under tiled areas and the landscaper prices waterproofing under landscaped areas on podiums and in planter boxes. These works are then sub-let to sole traders, with a few in house trained workers and semi skilled operators, specialize in one or more waterproofing applications.

But what if the membrane type that is specificed or deemed fit for purpose is one which requires a technical sophistication beyond the capacity of the stand alone applicator?

Design and Construct specifications are the current fad in construction tendering. The advent of 21st century technology in the membrane manufacturing area has produced a whole new category of membrane types to the Australian market. Dual component, rapid curing, sprayed elastomeric membranes require the investment of tens of thousands of dollars in plant and equipment that is usually beyond the reach of the sole trader or sub contractor. This equipment must be operated by trained technical savvy applicators to avoid time consuming break downs and expensive maintenance budgets. These operators need the understanding and knowledge of the standards and codes that ensure the installation complies. This knowledge can only be gained through proper trade education and training.

Is Waterproofing a Trade?Certificate III in construction waterproofing (CPC31408) is a nationally accredited three year course and individuals can be enrolled as trainees/apprentices. At present there are no courses running nor are there any of the group schemes employing anyone in this discipline.

At present one can also do the six week course that the wall and floor tiler does as part of their trade training this is effectively all the training that is available at present

As a major operator in the Waterproofing Industry Polyseal is constantly advertising in four states, on the internet and in “tradies” classifieds, for qualified and experienced waterproofing applicators and supervisors. We currently are in need of 25 skilled applicators throughout the company, we have so far recruited five. None of the “successful” applicants had accredited waterproofing qualifications.

Polyseal has now opted for basic in house waterproofing training of all new employees having come to the conclusion that formally qualified tradesmen do not exist in the workforce.

There is indeed an urgent requirement by industry and trade regulators to formalise, recruit and process applicants into specific waterproofing trade courses. A good start would be to grant prequalification credentials, after appropriate short term evaluation, to “experienced” waterproofing tradesmen

George Wason Email [email protected] .

Age OLD PROBLeM FOR A FLeDgLing tRADe – Waterproofing Comes of Age?

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We receive many calls at the Master Builders from disgruntled clients stating that the builder has not used the product specified in the specifications. There may be numerous reasons why a product is being substituted with another product. In some instances, the builder makes a decision to use a different product purely for cost-saving purposes or the non-availability of the specified product. However, if a product is to be replaced due to unavailability, then the client must be advised of the product substitution and the substituted product must be of equal quality to the originally specified product. In all circumstances regarding the above, the owner must be consulted. One of the key things that you should do as a builder prior to finalising your quote or tender is to discuss the inclusions and specifically the products that you are intending to use if your client agrees with your recommendations the next step in the process is you, you write it down, you both agree to it and then you, as the builder, build what you agreed to do.

Product Specification And Designer’s ResponsibilityThe recent forum on the quality of building work highlighted that too often, on the construction site, builders and sub-contractors are left with the important and possibly consequential decisions regarding the selection of building products. This may be due to unavailability of products or even preference, however the onus should lie with the designer to ensure documentation with ‘Product Specification’ is being provided to the builder. This would require the designer to clearly outline products to be used in particular situations for the purpose of complying with the Building Code of Australia or the relevant Standards for the product. The building certifier must also be satisfied that the specified product will satisfy the performance requirements of the building code prior to issuing the building approval.

The builder’s primary task is to build the project. Designers should possess the expert knowledge surrounding product performance and suitability for the intended purpose. Designers should be aware of the test results that deem products to be suitable for a specific function, and then by specifying these items in the plans and specifications for proposed works, they are eliminating the guesswork for the builder. But most importantly, they are ensuring that structural and safety requirements are being met. The other positive of providing detailed plans and specifications would be the builder’s ability to provide accurate costs to the client and, inturn, produce a finished project to the satisfaction of the client. However, if and when a substitution needs to be made, possibly due to the client changing their mind or product unavailability, the designer must make this decision as they should know what alternate product would satisfy the design and meet the required performance.

Ultimately, clear, specific, high quality documentation ensures that the finished building is compliant and fit for the designated purpose.

Your Liability As A BuilderIf a builder is faced with a situation where they are required to make a product change and chooses not to seek the advice of the designer, they may no longer be constructing the building to the client’s expectations, to which the builder has agreed and is contracted to provide. This may raise legal and liability issues for the builder, especially when the substituted product affects compliance with the Building Code of Australia and the relevant Building Standards, to the detriment of the health and safety of the building’s future occupants.

By Jerry HowardDeputy Executive Director, Master Builders

Builders and Designers ensure that Client-Agreed Specified Products are used

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The ACT Government has announced that all homes for sale in the ACT will be required to have an energy rating.

Planning Minister Andrew Barr, who has introduced legislation into the ACT Legislative Assembly to regulate energy assessors said, “People need to feel confident about the system and that they are getting what they paid for. That’s why I want to bring energy assessors under the same licensing and regulation systems that apply to other construction occupations in the ACT.”

To date assessors have been regulated by a code of conduct. Mr Barr said the new laws will provide better regulation of energy assessors and will give ACTPLA more power to enforce standards.

The Government has not yet announced when the licensing of energy assessors will take effect.

During September and in the future subject to demand, Master Builders Group Training will hold four day training sessions on the BERS Pro software.

The Building Energy Rating Scheme, (BERS) is a government recognised program used to stimulate and analyse the thermal performance of Australian houses and measure this star rating. The Building Thermal Performance Assessment (also known as a House Energy Rating) is performed using computer software to rate the thermal performance of Australian homes BERS Pro House Energy Rating Scheme.

BERS Pro House Energy Rating SchemeBERS Pro House Energy Rating Scheme is a nationally accredited Home Energy Rating System. The BERS Pro computer program is the centre of the thermal simulation process. It is used to simulate the thermal performance of Australian houses in climates ranging from Alpine to tropical.

To comply with BCA2010 it will be necessary to provide an Energy Rating Report to the Building Certifier.

Under new rules, the energy performance of a new building will be required to be demonstrated when applying for building approval. The building certifier will require proof that a building will meet the mandatory minimum energy efficiency standards as part of determining whether to give building approval.

Energy efficiency requirements (EER) for building approval can be demonstrated a number of ways.

Alternatives include:• using a current accredited software model

(this is done by a suitably trained and competent accredited energy assessor)

• comparing your building with a reference building - this involves verifying the plans for the new building are the same as those for a reference building which complies with the EER

• the deemed-to-satisfy method - the Building Code of Australia (BCA) specifies design features which, when adopted in the de-sign of a building, are sufficient to meet the EER

• accepting a nominated expert’s report.

For most residential buildings, certifiers are likely to accept using a current accredited software model.

Modelling by trained energy assessorsModelling must be undertaken by a trained energy assessor who will interpret energy efficiency factors specific to a design and produce an Energy Efficiency Rating for the property.

Energy efficiency demonstrated using thermal calculation by energy modelling or rating software will be based on the thermal performance of the building fabric.

The software is performance-based rather than prescriptive: it doesn’t identify the types of building elements (such as double glazing, insulation etc) required to achieve a certain rating. Instead, it uses the building elements present in a building design and models the thermal performance based on those elements.

Software does not currently take into account hot water systems, photovoltaic systems, lighting or other energy-generating or consuming appliances. Separate new standards for water heaters installed in new homes have been in place since 31 January 2010.

The software predominantly used for undertaking energy efficiency ratings has been developed under the Nationwide House Energy Rating Scheme.

Since 1 May 2009 only the 2006 Australian Building Codes Board Protocol for House Energy Rating Software has been referenced in the BCA. All ratings using a stated value must be produced on second generation software accredited under this protocol. Use of first generation software is no longer permitted to demonstrate compliance under this verification model.

The new ACT House Energy Rating Scheme Guidelines allow for rating and other energy efficiency information to be used when selling a property. A single report can be used to obtain an energy rating (required Sale of Residential Property legislation) and to demonstrate compliance with the energy efficiency requirements of the BCA.

training for new energy assessment regimeMaster Builders Group Training is offering training in home energy rating assessment in pre-paration for the wider mandatory use of energy efficiency assessments in new houses and when existing houses change hands.

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Privatisation of the works assessment process was to commence on 1 July but ACTPLA has announced it will now be implemented from 1 September, as regulations and new procedures had not been finalised.

The new arrangements follow changes to the Construction Occupations (Licensing) Act and Unit Titles Act.

ACTPLA said that private industry works assessors will be required to prepare a unit title assessment report. The report is to be based on a site inspection (previously undertaken by ACTPLA) which will be required to cover whether a building has been built in accordance with the development approval and whether the landscaping is consistent with the approved landscape plan.

Assessors’ responsibilitiesThe works assessor will be required to request any necessary clearances from agencies such as the Department of Territory and Municipal

Services and ACTEW, in relation to technical specifications for the development.

The works assessor’s unit title assessment report will form part of the final application to ACTPLA seeking approval for a unit title development. The works assessor will be required to certify the report’s completeness and accuracy and to provide this information to the applicant.

ACTPLA said that other changes to the Unit Titles Act mean that a unit title application must include a unit title assessment report that is not more than three months old. If all the required parts of a unit title assessment report are not included, the application will be treated as incomplete and will not be able to be lodged with ACTPLA.

ACTPLA will remain the final decision maker for all unit title applications.

ACTPLA is holding information sessions about the changes during August and said it will make more information available shortly.

ACtPLA hands unit title assessment to private sectorUnit title assessments previously undertaken by ACTPLA will be carried out by private industry works assessors from 1 September.

Master Builder members and construction industry personnel are being advised to prepare for new National Code of Practice which will apply on residential building from sites 1 October 2010

The new code, which is due to take affect on 1 October 2010, outlines several changes regarding fall prevention methods. One of the major changes contained in the code states that any person in control of a construction project or construction work will ensure that physical fall protection is provided in situations where a construction worker is at the risk of falling a distance greater than 2 metres. The 2 metre height threshold for mandated fall protection in the housing sector did not receive broad industry support,

except in its application to work around stairwell voids, internal landings, suspended slabs and steeply-pitched roofs. The new 2 metre height threshold will attract new safe work methods that may be impractical both for the duration of time that they are physically required and the extra costs associated with the implementation of these individual safety systems.

The new code will replace the existing codes of practice Parts 1 and Parts 2 which have previously applied in the ACT. The Master Builders will be seeking sensible transitional provisions from ACT Work Safety to allow the industry adequate time to implement these new requirements and also allow suppliers and manufacturers adequate time to resource industry.

Mandatory Fall Protection will now be required at 2 metres

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ACTPLA has announced that ACT commercial building owners will be able to apply for ACT Government assistance to make their buildings environmentally-friendly.

Grants are available under Round Two of the Tune Up Canberra program.

Under the program, owners can apply for up to $8,000 for a Tune Up report and up to $100,000 towards implementing the recommendations of the Tune Up or similar report.

Building owners are required to match dollar-for dollar the ACT Government’s contribution.

In Round Two of the program, buildings with a floor area of 500m2 or more are eligible to apply; in the first round of the program, buildings had to have a minimum floor space of 1500m2 .

The Minister for Planning Andrew Barr said, “Tune Up Canberra offers local businesses the chance to work with the ACT Labor Government to reduce greenhouse gas emissions and make their businesses more efficient by saving on energy bills.”

Under the first round of funding, the Perpetual Trustee Co. Ltd and Australian Trucking Association successfully applied for funding.

Successful applicantsPerpetual Trustee Company Ltd will receive $5000 to produce a Tune Up report on its building at 15 Bowes Street, Phillip. The Australian Trucking Association will receive $28,863 to implement the recommendations of a report similar to a Tune Up report at the Minter Ellison building at 25 National Circuit, Forrest.

The program is designed to encourage owners of commercial office buildings to make their buildings more energy and water efficient.

Tune Up Canberra is a two stage program. Owners of Class 5 commercial properties with more than 500m2 in gross floor area can apply for Stage 1 or Stage 2 funding.

The Tune Up report is required to identify: • current energy and / or water usage

(the building’s existing baseline)

• how energy and / or water savings can be made

• what energy and /or water savings can be made, and

• the cost of achieving these energy and / or water savings.

In Stage 2, the owner can apply for up to $100,000 (GST inclusive), to be matched dollar-for-dollar by the owner, to undertake agreed capital works based on the findings and recommendations of the Tune Up report prepared during Stage 1 or an independently produced report recently commissioned or produced by the applicant which contains similar content to a Tune Up report.

Successful Stage 1 applicants are not guaranteed Stage 2 funding.

If building owners already have an independent report which satisfies the program requirements they can apply immediately for a Stage 2 grant.

Five application rounds are being held between 12 April 2010 and 3 June 2011.

ACt government offers environmental building grants

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Some of our members have been issued with infringement notices for alleged breaches of the Constructions Occupations Licensing Act, namely, advertising without including the appropriate licence and company information.

Master Builders wrote to the Director of the Construction Services Branch at ACTPLA to express our disappointment that such action would be taken, without firstly advising the industry more broadly of their intentions, particularly given recent discussions regarding the quality of building work.

Master Builders believe that the clear objectives of the Act is to target non-licensed individuals or entities that pretend to be licensed and are not in fact licensed.

The Minister for Planning, when in introducing this Bill in 2003, emphasised his concern of unlicensed persons providing sub-standard construction services, with serious potential consequences for future owners and users of the buildings. Surely, given this statement by the Minister, the primary concern should be in prosecution of unlicensed operatives and not picking an easy target such as proper licensed builders, who are in fact predominantly doing the right thing.

Master Builders has received a response and the Director provided a summary of current action being taken by the breach management team. The team is currently working on one matter in the Supreme Court, five matters for criminal prosecution and at least three matters involving ACAT; in total, the team are working on 12 complex cases. This does not include action taken to issue infringement notices or prepare cases for issuing demerit points. The Director has also stated that “If the only thing your members have received is an infringement notice for failing to include their licence number in advertising, then they are doing well. There are licence holders who are now the subject of a plethora of enforcement actions.”

The Director also explained the rationale for penalising licence holders for failing to advertise with appropriate details and made the following point:

“The offence itself targets licence holders who do not advertise correctly. There is a separate offence in section 81 of the Construction Occupations (Licensing) Act 2004 for pretending to be licensed. (For the record, a $6,125 fine for this offence was issued by my branch last month)”. This action is totally supported by the Master Builders.

Builders and Contractors – Don’t risk a hefty fine!

In responding precisely to the issues raised by the Master Builders, the Director said, in relation to the Master Builders supplement:

“In relation to the Master Builders supplement, the feature is clearly an advertising feature and it features award winners. The public rely on such documents to inform their decisions. As you would appreciate, one of our building inspectors was a judge in the competition and every officer with a building regulatory role had read a copy of the supplement. We could hardly ignore the fact that the licence numbers were missing and I would expect that the registrar and the Manager of compliance would treat all breaches equally.”

The Master Builders were also advised by the Director that the Registrar, that they would be prepared to withdraw the infringement notices if the recipients provided evidence that they had no control, or lost control, over the advertisement copy lodged with the feature and the licence numbers were not included, despite direction to include, or the licence numbers were removed without permission.

Section 83 of the Act, Advertising without details, states a person commits an offence if the person advertises that the person provides, or will provide, a service in a construction occupation or occupation class and does not include the person’s name (as recorded on the person’s license), the person’s license number and if the person is a corporation the person’s ACN number.

This applies to any form of advertising – contracts, television, radio, press, brochures, merchandise, vehicles, websites and clothing where the licensed person or company is promoting services to the public.

If you require further information on your obligations under the Construction Occupations Licensing Act, please do not hesitate to contact the Master Builders Association.

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In our Canberra Region Building News, edition 1-2010, we included editorial from Neil Savery, CEO ACTPLA, urging industry professionals to check their Development Applications carefully before lodging them with ACTPLA.

Mr Savery said ACTPLA was rejecting a substantial amount of applications because applicants were often making several mistakes and not including crucial information such as correct site or floor plans.

Mr Savery said that “over the last 12 months, ACTPLA has actively been improving its internal administrative processes to ensure that Development Applications are processed well within the statutory timeframes”.

ACTPLA provides a checklist at the bottom of every Development Application which applicants should use to ensure they are providing all the necessary information. In an effort to achieve a satisfactory level of compliance, ACTPLA will

now be introducing the following fees which will, essentially, penalise applicants who fail to lodge the correct information with their application. These fees will apply to DAs submitted for completeness checks from Monday 4th October 2010:

DA submitted for completeness check no feeOne failure $150 feeTwo failures $450 feeThree failures $1,050 feeMore than three failures $2,250* fee

* Plus $1,200 for every additional failure

If a DA is withdrawn as a result of a completeness check failure/s and the same, or substantially the same, proposal is submitted within three months, any completeness check failure fees for the original DA submission are still payable before the DA will be accepted for lodgement.

On Friday 27th August John and Maria Efkarpidis and Susie Carcavelos of Rock Development Group unveiled a truly exciting 130 million dollar development which will create the Worlds first truly sustainable residential, commercial and retail experience in the heart of Belconnen. At the unveiling of this exciting project Colin Stewart from Colin Stewart Architects gave a brief overview of the project and the Minister for the Environment Simon Corbell MLA, echoed the significance of this type of innovation in Canberra.

Romily Madew from the Green Building Council of Australia stated that John, Maria and Susie were the most enthusiastic clients that she had ever dealt with and their commitment to sustainability initiatives will set the benchmark for other projects in the ACT.

The revitalised markets precinct will be known as Loop and will include initiatives such as electrical vehicle plug-in points, geothermal heating with initial work currently under way, ventilation and air conditioning systems, large scale solar microgeneration and rain and water recycling systems.

Master Builders congratulate John, Maria and Susie on their foresight and a truly magnificent project.

We encourage our members to visit the website, www.loopcanberra.com.au to learn more about the history and how this project was conceived.

Check it twice –

lodge it onceOR NOW RISK A PENALTY

Exciting New Development at the Belconnen MarketsLoop

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Multi Unit

Garages, Pools, Decks and Similar Structures

Commercial Building Work

Additions and Alterations (Residential)

Jul-10Jun-10May-10Apr-10Mar-10Feb-10Jan-10Dec-09Nov-09Oct-09Sep-09Aug-09

Aug-09 Sep-09 Oct-09 nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May10 Jun-10 Jul-10Additions and Alterations (Residential) 9.18 8.49 5.12 39.16 8.39 6.67 4.29 8.52 3.96 10.85 8.55 5.01Commercial Building Work 66.61 10.57 25.98 84.75 96.67 180.11 56.20 20.97 64.69 21.09 53.29 119.43Garages, Pools, Decks and Similar Structures 3.55 3.45 3.03 3.21 4.39 4.01 4.42 1.42 2.62 2.75 8.52 2.18Multi Unit 4.34 10.69 19.70 90.94 66.97 54.83 10.63 27.00 9.52 3.05 44.86 21.88New Homes 41.24 63.24 54.92 53.91 54.79 49.64 43.41 19.87 32.25 23.55 55.60 27.54

The above graph and table below summarise private sector building activity for the various building sectors in the ACT over the past 12 months. The values for each month are depicted in millions of dollars.

ACT PRIvATE SECTOR BUILDING ACTIvITy

COMING EvENTS FOR 2010

Build Quality Seminars – Business in Focus Month

Date: 22 – 23 September Where: Master Builders Headquarters

Business in Focus Month is an ACT Government initiative which aims to help build better businesses. Master Builders Association of the ACT is proud to once again participate in this program of events by hosting the Build Quality Seminars here at Master Builders Headquarters.

The Build Quality Seminars are a two-day program of professional development and training seminars and information sessions, focused largely around achieving the highest level of quality in building and construction.

CCF National Conference Date: 20 – 24 October Where: Hyatt Hotel

The CCF National Conference offers numerous networking opportunities at formal and social occasions, a chance to promote your business to new and existing customers and suppliers, access to latest industry trends and discussion of pertinent issues, and much more.

Master Builders Annual Dinner 2010

Date: Thursday 4 November Where: National Gallery of Australia

The Annual Dinner is our premier networking event where members come together for a social and networking evening. The function provides an annual forum for the industry to take stock of its performance and to consider the outlook for the coming year.

In 2010, our guest speaker will be highly acclaimed and respected urban planner Charles Landry, who helps cities transform their thinking so that they look at their potential imaginatively and can plan and act with originality. He assesses the interplay and the impacts of deeper global trends, and attempts to ground these in practical initiatives.

National Excellence in Building and Construction Awards

Date: Friday 19 November Where: Great Hall, Parliament House

Each year Master Builders Australia acknowledges excellence in the building and construction industry through its prestigious National Awards. The State and Territory Award winners in their nominated categories (some categories are combined) become finalists for the National Awards and are judged accordingly.

TRAINING DATES FOR SEPT/OCT 2010

Identification & safe handling of asbestos (up to 10m² bonded asbestos)

Date: 23 September 2010

This is a nationally recognised course, approved by the ACT Government to satisfy the regulatory requirements of the ACT Building Act, designed to meet the needs of: Tradespeople, services workers and builders, Building Certifiers, Community members

Work Safety Representatives WSR

Date: Commencing 11 October 2010

Work Safety Act 2008 places a duty on all employers, regardless of size to develop a consultative arrangement on all matters that directly affect work safety. Part of this process includes the establishment of Work Safety Representatives and Committees.