LBP Skills Maintenance, September 2024 — for Design, Carpentry and Site license classes

By Bruce Duggan, Senior Technical Specialist, Occupational Regulation team, MBIE

The Building Code is performance-based, meaning it states how a finished building must perform in its intended use, rather than describing how it must be designed or constructed. The Building Act provides several ways to demonstrate compliance:

• Acceptable solutions — specific construction methods that comply with the Building Code. The Building Code clauses generally have one or more acceptable solutions.
• Verification methods — methods of testing, calculations and measurements that comply with the Code.
• Alternative solutions — where all or part of the building design differs from either of the above, and other ways are used to show how it complies with the Code. 

Acceptable solutions and verification methods, if followed, must be accepted by a BCA as complying with the Building Code provisions. There are other paths that must also be accepted as compliant by a BCA such as product certification, energy work certificates, and Determinations issued by the Ministry of Business, Innovation and Employment (MBIE). However, when the design includes specifically designed or bespoke features (alternative solutions) which could affect how the completed building performs in its intended use, the designer needs to show the BCA how that design will meet the performance requirements of the Code. The BCA needs to use its collective experience to determine compliance.

This is also the case when deciding whether to issue a code compliance certificate (CCC). In fact, the CCC must include the declaration that the BCA is ‘satisfied on reasonable grounds’ that the building work complies with the building consent. Being satisfied on reasonable grounds means having enough evidence or justification to believe something to be true or valid.

If, for any reason, work is carried out differently on site to what the designer detailed, it is important to involve the designer so that they have an opportunity to make a new case for compliance. If the inspector finds that the detail on-site differs from that shown, he or she has no option but to fail the inspection. This could potentially lead to costly delays on-site.

Although the BCA is ultimately responsible for building consent outcomes, other parties play a key role in contributing to whether a BCA can be satisfied on reasonable grounds.

• Owners are responsible for obtaining consents, approvals, and certificates
• Designers are responsible for ensuring the plans and specifications are sufficient to result in the building work complying with the Building Code
• Builders are responsible for ensuring that building work complies with the building consent and the plans and specifications that relate to that consent

MBIE has developed a guidance document ‘Satisfied on reasonable grounds’. This guidance document aims to help improve understanding of what satisfied on reasonable grounds means and how to apply it. It also provides clarity for BCAs, and assists them to achieve a consistent approach in applying the ‘reasonable grounds’ test.

The guidance is primarily for BCAs, however it also provides helpful information and understanding for designers, builders, and owners in their various roles.  

The guidance document can be found below:

Satisfied on reasonable grounds

Quiz

1. What does being satisfied on reasonable grounds mean?

a. The bearing capacity of the ground is suitable to support the proposed building
b. The BCA assumes that the building will comply if built as-per the design
c. It means having enough evidence or justification to believe something to be true or valid.

2. What does the BCA need to consider to be satisfied on reasonable grounds?

a. Previous knowledge of similar situations
b. Risk
c. The skills and experience of persons providing the experience
d. Complexity
e. The quality of the evidence provided
f. All the above

3. Why is it important for site or trade LBPs to understand these changes?

a. It’s not – they’re not the designer
b. They need to ensure the work is completed in accordance with the plans, or contact the designer before carrying out the work to ensure its compliance with the Code
c. They don’t have to worry about it – that’s the inspector’s job