Non-Residential Properties

If your building is open to the public, whether for free or by payment of a charge, the building cannot be used/occupied until a Code Compliance Certificate is issued.  This is because public premises will generally have systems within the building which contribute to the safety and well-being of building users (these systems are called specified systems). 

In certain circumstances it may be possible to apply for a Certificate for Public Use, which will allow a building, or part of a building, to be used before the Code Compliance Certificate is granted.  Certificate for Public Use applications will be considered on a case-by-case basis.

What are public premises?

Any building which is open to the public – the public includes staff working in the building.  For example:

• Shops and shopping malls.
• Cinemas.
• Maraes.
• Camping grounds.
• Garages and workshops.
• Funeral homes.
• Office or retail complexes.
• Restaurants.
• Hospitals.
• Rest homes, etc.

What is a Compliance Schedule?

A Compliance Schedule is a document issued by Council for buildings that contain specified systems.
A Compliance Schedule will include the specified systems covered, the performance standards for the specified systems and references the inspection, maintenance and reporting procedures to be followed by your Independently Qualified Person (IQP).

Specified systems include:

• Automatic systems for fire suppression.
• Automatic or manual emergency warning systems for fire or other dangers.
• Electromagnetic or automatic doors or windows.
• Emergency lighting systems.
• Escape route pressurisation systems.
• Riser mains for use by fire services.
• Automatic back-flow preventers connected to a potable water supply.
• Lifts, escalators, travelators, or other systems for moving people or goods within buildings.
• Mechanical ventilation or air conditioning systems.
• Building maintenance units providing access to exterior and interior walls of buildings.
• Laboratory fume cupboards.
• Audio loops or other assistive listening systems.
• Smoke control systems.
• Emergency power systems for, or signs relating to, a system or feature specified for any of the above.

IMPORTANT
From 31 March 2008, a single household unit will require a Compliance Schedule if it contains a cable car or is serviced by a cable car.

A Compliance Schedule must be kept on site and made available to any authorised persons required to view the document. A Compliance Schedule does not expire and is current for the life of the building or until the building or systems are altered.

How do I obtain a Compliance Schedule?

Notification that a Compliance Schedule may be required should be given at the same time a building consent application is made.  Your architect/designer should provide you with information relating to the performance standards for each specified system contained within the building.  The performance standards will identify the inspection, maintenance and reporting procedures required for each system.  The Compliance Schedule will be issued prior to a Code Compliance Certificate by Council for:

• New buildings (if the building has one or more specified systems), or,
• An upgrade to an existing building or systems, required as a result of a change of use or alterations, which may also require a building consent.

Please Note:

A Compliance Schedule can be issued for a building that has existing systems that have not previously been identified by Council.

• Compliance Schedule application form

Compliance Schedule Statement

A Compliance Schedule Statement is issued by Council at the same time as the Compliance Schedule and Code Compliance Certificate (if applicable).  It serves as the first stage of the Building Warrant of Fitness process and therefore must be replaced in 12 months with a Building Warrant of Fitness, which is issued by the building owner.

Building Warrant of Fitness (BWoF)

A Building Warrant of Fitness is a statutory declaration issued annually by the building owner (or their IQP) to Council, stating that the requirements of the Compliance Schedule have been fully met for the previous year (i.e.: verifying that systems are in working order).

The Building Warrant of Fitness must have attached to it all certificates of compliance issued by the Independent Qualified Persons (IQP).  These documents must be issued in the prescribed form (Form 12A) and certify that the inspection, maintenance and reporting procedures stated in the Compliance Schedule, have been fully complied with during the previous 12 months.

The BWoF must be re-issued to Council on the anniversary of the issue of the Compliance Schedule (every 12 months) for the life of the building. A copy of the Building Warrant of Fitness must be displayed in a prominent place in the building and copies of the certificates provided by the IQP must be available on request.

• Building Warrant of Fitness form (Form 12) (PDF 51kB)
• Certificate of Inspection, Maintenance & Reporting Procedures (Form 12A) (PDF 23kB)

Owner responsibilities

For the first year you must display the Compliance Schedule Statement in a public place in the building.

Every year after that you must:

• Issue a BWoF – To do this you must first ensure that all requirements of the Compliance Schedule have been satisfied.  This will include inspections by an IQP for each of the system’s features.
• Display a copy of the BWoF – This must be displayed in a public place in the building.
• Send BWoF and IQP certificates to Council – The original BWoF must be accompanied by all IQP certificates required by the Compliance Schedule and the fee.

What documents should I keep regarding the Building Warrant of Fitness?

You are legally required to obtain written reports relating to the inspection, maintenance and reporting procedures of the Compliance Schedule which must be signed by the Independent Qualified Persons (IQP) who has carried out any of the listed procedures (inspection, maintenance or reporting). You are required to keep all reports for a period of two years and produce those reports for inspection when required.

Can I be prosecuted for not obtaining a Compliance Schedule or if my Building Warrant of Fitness has expired?

Yes, the fine can be up to $20,000.

Independent Qualified Persons (IQPs)

An Independent Qualified Persons (IQP) is a tradesperson who is qualified to carry out any performance inspection, maintenance, reporting or recommendation on a specified system.

All Independent Qualified Persons (IQP) are required to be registered with Council.  You can access the IQP register here.

• IQP Register (PDF 153kB)
• IQP Inclusion application form (PDF 89kB)

Certificates for Public Use

A Certificate for Public Use is a new provision under the Building Act 2004. It is used to certify that premises or parts of premises affected by building work are safe to be used by members of the public. 

A Certificate for Public Use can only be issued where consent has been granted for building work but no Code Compliance Certificate has been issued yet. 

Certificates for Public Use do not relieve the owner of a building from the obligation to apply for a Code Compliance Certificate after all the building work has been carried out. Certificates for Public Use are not required for private homes.

• Certificate for Public Use application form (PDF 32kB)

Access and amenities for persons with disabilities

Buildings (except for private dwellings) built or modified after 1992 are required to comply with the requirements of the Building Act 1991.  This Act and the subsequent Building Act of 2004 and its amendments require that reasonable and adequate provision – both access and amenities - is made for people with disabilities who wish to use the building to carry out normal activities either as a visitor or as their place of work.

There is a useful link on the Department of Building and Housing website for information on the legal requirements relating to accessibility in commercial and industrial building design.

• www.dbh.govt.nz

Fire Reports

New commercial, industrial and public buildings

All new commercial, industrial and public building projects, irrespective of size, require a Fire Report to be provided with the building consent application.

Alterations to commercial, industrial and public buildings

A Fire Report is required to confirm the means of escape from fire only.  Some minor work will be exempted and will not require a report to be produced; this is best established by contacting the duty Building Officer.  Alterations to commercial, industrial and public buildings are covered under section 112 of the Building Act 2004 - section 8 of the Building Act 2004 defines what a ‘building’ is.

'Change of Use' of commercial, industrial and public buildings

A fire report is to be prepared in all cases to confirm means of escape from fire, protection of other property, structural and fire–rating performance.  To change the use of an existing building is covered under section 114 and 115 of the Building Act 2004.  Refer to the ‘Change of Use’ section for further information.

Detached dwellings

Detached dwellings do not require a fire report unless:

• Any part is one metre or closer to a boundary, or,
• The roof eaves project within 650 mm of a boundary (including the gutter), or,
• The escape height is greater than 10 metres, or,
• They contain exposed foamed plastic, or,
• Any dead ends exceed 24 metres, or,
• The total escape route exceeds 60 metres.

All detached dwellings require a type 1 alarm system – i.e.: complying smoke alarms with hush buttons (Council strongly recommend photo-electric smoke alarms fitted with five year lithium batteries).