Building (Designation of Building Work Licence Classes) Order 2007

  • revoked
  • Building (Designation of Building Work Licence Classes) Order 2007: revoked, on 1 April 2010, by clause 7 of the Building (Designation of Building Work Licensing Classes) Order 2010 (SR 2010/43).

Reprint
as at 1 April 2010

Crest

Building (Designation of Building Work Licence Classes) Order 2007

(SR 2007/126)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 21st day of May 2007

Present:
His Excellency the Governor-General in Council

  • Building (Designation of Building Work Licence Classes) Order 2007: revoked, on 1 April 2010, by clause 7 of the Building (Designation of Building Work Licensing Classes) Order 2010 (SR 2010/43).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The order is administered by the Department of Building and Housing.

Pursuant to sections 285 and 291 of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister (as defined by section 7 of that Act) made, as required by section 403(2) of that Act, after he or she became satisfied that the chief executive (as so defined) has consulted in accordance with section 403(3) and (4) of that Act, makes the following order.

Order

1 Title

  • This order is the Building (Designation of Building Work Licence Classes) Order 2007.

2 Commencement

  • This order comes into force on 21 June 2007.

3 Interpretation

  • (1) In this order, unless the context otherwise requires,—

    Act means the Building Act 2004

    active building services has the meaning given to it by clause 4

    ancillary building means a building classified under clause A1 of the building code as under the category of ancillary (for example, a bridge, derrick, fence, free-standing outdoor fireplace, jetty, mast, path, platform, pylon, retaining wall, tank, tunnel, or dam)

    AS/NZS 1170.0:2002 means the Joint Australian and New Zealand standard on Structural design actions—General Principles

    category 1 building, category 2 building, and category 3 building have the meanings given to them by the Schedule

    LBP means a licensed building practitioner

    NZS 3604:1999 means the New Zealand standard on Timber framed buildings as amended by the following:

    • (a) NZS 3604:1999A1: Amendment 1; and

    • (b) NZS 3604:1999A2: Amendment 2

    NZS 4229:1999 means the New Zealand standard on Concrete masonry buildings not requiring specific engineering design as amended by NZS 4229:1999A1: Amendment 1

    outbuilding means a building classified under clause A1 of the building code as under the category of outbuildings (for example, a carport, farm building, garage, greenhouse, machinery room, private swimming pool, public toilet, or shed)

    standard has the meaning given to it by section 2 of the Standards Act 1988.

    (2) Terms or expressions used and not defined in this order but defined in the Act have, in this order, the same meanings as they have in the Act.

4 Active building services defined and illustrated

  • (1) Active building services, in relation to a building, means services that are in or for the building and that, on receipt of an input signal (whether electrical, electronic, hydraulic, pneumatic, or otherwise), contribute to the proper functioning of the building by providing a response (whether electrical, electro-mechanical, hydraulic, mechanical, pneumatic, or otherwise) to that signal.

    (2) Examples of active building services therefore include—

    • (a) emergency lighting systems; and

    • (b) emergency warning systems for fire or other dangers; and

    • (c) lifts, escalators, travelators, or other systems for moving people or goods within buildings; and

    • (d) magnetic devices to hold doors open; and

    • (e) sprinkler systems or other systems for fire suppression; and

    • (f) systems for communicating spoken information intended to facilitate evacuation; and

    • (g) ventilation or air conditioning systems.

Designation of building work licence classes

5 Classes of licences designated and building work that holders are licensed to carry out or supervise

  • This order designates the classes of licences specified in rows 1 to 13 of the following table, and an LBP who holds a licence of a class specified in one of those rows is licensed to carry out or supervise building work of the type specified in that row:

    RowClass of licenceType of building work
     General licence classes 
    1Design licence—class 1Design work for any building that is a category 1 building
    2Design licence—class 2Design work for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building

    3Design licence—class 3Design work for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    4Site licence—class 1Co-ordination or oversight of some or all of the construction or alteration of any building that is a category 1 building
    5Site licence—class 2Co-ordination or oversight of some or all of the construction or alteration of any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    6Site licence—class 3Management of some or all of the construction or alteration of any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

     Trade licence classes 
    7Carpentry licenceCarpentry for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    8Roofing licenceAssembly or installation of roofs, or roofing materials, for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    9External plastering licenceApplication of external solid plaster, or proprietary plaster systems, to any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    10Bricklaying and blocklaying licenceLaying or erection of bricks or blocks for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

     Specialist licence classes 
    11Concrete structure licenceCo-ordination or oversight of some or all of the construction or alteration of 1 or more concrete structures in or for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    12Steel structure licenceCo-ordination or oversight of some or all of the construction or alteration of 1 or more steel structures in or for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    13Building services licenceCo-ordination or oversight of some or all of the construction of active building services in or for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

Automatic licensing of certain professions

6 Registered architects and chartered professional engineers treated as if they hold design licence—class 3

Schedule
Categorisation of buildings

cl 3(1)

Part 1
Category 1 buildings

A category 1 building is a building—

(1)

  • that is neither an ancillary building nor an outbuilding; and

(2)

  • that is a new structure that complies with, or is an existing building that complies with the scope limitations of, NZS 3604:1999, or NZS 4229:1999, or both (and for the purposes of this clause the following must be treated as complying with those standards:

    • (a) foundations, lintels, and roof structures, if they are specifically designed, or proprietary; and

    • (b) conservatories, porches, pergolas, and similar low-risk structures, if they are specifically designed); and

(3)

  • whose building envelope (whether the building is a new structure or an existing building) has a total risk score (calculated under Part 4) that does not exceed 12 for any external elevation; and

(4)

  • whose use (determined, whether the building is a new structure or an existing building, in accordance with regulation 6 and Schedule 2 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005) is either SH (sleeping single home) or SR (sleeping residential); and

(5)

  • that, if the building's use (as so determined) is SR, contains no more than 2 household units that—

    • (a) are adjacent on a horizontal plane; and

    • (b) share (that is, are on opposite sides of) a single common wall; and

(6)

  • that is not, and does not form part of, a place registered as a historic place on the register established and maintained under section 22 of the Historic Places Act 1993.

Part 2
Category 2 buildings

 

A category 2 building is a building that is—

  • (1) neither an ancillary building nor an outbuilding; and

  • (2) neither a category 1 building nor a category 3 building.

Part 3
Category 3 buildings

 

A category 3 building is a building that is neither an ancillary building nor an outbuilding, and that is not a category 1 building, but that is all or any of the following:

(1)

  • a building whose importance level (determined in accordance with table 3.2 (importance levels for building types—New Zealand structures) of AS/NZS 1170.0:2002), is one of the following importance levels (each of which is described in general terms as follows):

    • (a) importance level 3 (structures that as a whole may contain people in crowds or contents of high value to the community or pose risks to people in crowds); or

    • (b) importance level 4 (structures with special post-disaster functions); or

    • (c) importance level 5 (special structures):

(2)

  • a building that is, or forms part of, a place registered as a category 1 historic place on the register established and maintained under section 22 of the Historic Places Act 1993:

(3)

  • a building that exceeds the occupancy load limits (in numbers of people) determined under Part 5 because either or both of the following situations exists:

    • (a) the actual or intended occupancy of any of the spaces in a single storey of the building exceeds, or will exceed, the occupancy load limit (a number of people) determined under Part 5 for that space:

    • (b) the actual or intended occupancy of all of the spaces in a single storey of the building exceeds, or will exceed, the occupancy load limit (a number of people) determined under Part 5 for all of those spaces.

Part 4
Total risk score

(1)

  • A total risk score for an external elevation on the building envelope of a building is calculated by using the calculation table in clause (2) and completing the following steps:

    • (a) for each specified risk factor, use the definitions of risk table in clause (3) to decide whether the risk severity is low, medium, high, or very high, and enter the applicable score; and

    • (b) copy the applicable score for each risk factor to the column whose heading is “Subtotals for each risk factor”; and

    • (c) add all the scores copied into that column to arrive at the total risk score for the external elevation.

(2)

  • The calculation table is as follows:

    Calculation table
    ElevationRisk severity 
    Risk factorLowMediumHighVery
    high    		Subtotals for
    each risk
    factor
    Wind zone0012 
    Number of storeys0124 
    Roof/elevation intersection design0135 
    Eaves width0125 
    Envelope complexity0136 
    Deck design0246 
      Total risk score: 
(3)

  • The definitions of risk table is as follows:

    Definitions of risk table
    Wind zoneLow riskLow wind zone as described by NZS 3604:1999
     Medium riskMedium wind zone as described by NZS 3604:1999
     High riskHigh wind zone as described by NZS 3604:1999
     Very high riskVery high wind zone as described by NZS 3604:1999
       
    Number of storeysLow riskOne storey
     Medium riskTwo storeys in part
     High riskTwo storeys
     Very high riskMore than 2 storeys
       
    Roof/elevation intersection designLow riskRoof-to-elevation intersection fully protected (for example, hip and gable roof with eaves)
     Medium riskRoof-to-elevation intersection partly exposed (for example, hip and gable roof with no eaves)
     High riskRoof-to-elevation intersection fully exposed (for example, parapets, enclosed balustrades, or eaves at greater than 90° to vertical with soffit lining)
     Very high riskRoof elements finishing within the boundaries formed by the external elevations (for example, lower ends of aprons, chimneys, dormers, etc)
       
    Eaves width (1) (2)Low riskGreater than 600 mm for single storey
     Medium risk451–500 mm for single storey, or greater than 600 mm for 2 storey
     High risk101–450 mm for single storey, or 451–500 mm for 2 storey, or greater than 600 mm above 2 storey
     Very high risk0–100 mm for single storey, or 0–450 mm for 2 storey. or less than 600 mm above 2 storey
       
    Envelope complexityLow riskSimple rectangular, L, T, or boomerang shape, with single cladding type
     Medium riskModerately complex, angular, or curved shapes (for example, Y or arrowhead) with no more than 2 cladding types
     High riskComplex, angular, or curved shapes (for example, Y or arrowhead) with multiple cladding types
     Very high riskAs for high risk, but with junctions not covered in the rows of this table relating to roof/elevation intersection design and deck design (for example, box windows, pergolas, or multi-storey re-entrant shapes)
       
    Deck design (3)Low riskNone, timber slat deck or porch at ground-floor level
     Medium riskFully covered in plan by roof, or timber slat deck attached at first- or second-floor level
     High riskEnclosed deck exposed in plan or cantilevered at first-floor level
     Very high riskEnclosed deck exposed in plan or cantilevered at second-floor level or above

    Notes

    • (1)Eaves width measured horizontally from external face of wall cladding to outer edge of overhang, including gutters and fascias.

    • (2)Balustrades and parapets count as 0 mm eaves.

    • (3)Deck—

      • (a)means an open platform (which may be known as a balcony)—

        • (i)projecting from an exterior wall of a building; and

        • (ii)supported by framing; and

        • (iii)that may be over enclosed internal spaces, or may be open underneath; and

      • (b)includes an enclosed deck (that is, a deck (which may be known as a balcony)—

        • (i)over an interior or exterior space; and

        • (ii)that has an impermeable upper surface; and

        • (iii)that is closed on the underside).

Part 5
Occupancy load limits

(1)

  • The occupancy load limit (see clause (3)(a) of Part 3) for any of the spaces in a single storey of a building is the number (of people) referred to in paragraph (d), and is determined by completing the following steps:

    • (a) determine the use of the space; and

    • (b) identify, in the table in clause (5), the column whose heading is, or includes, that use; and

    • (c) determine the escape height for the storey; and

    • (d) identify the number in that column of that table and that is opposite to that escape height.

(2)

  • The occupancy load limit (see clause (3)(b) of Part 3) for all of the spaces in a single storey of a building is the number (of people) referred to in paragraph (c), and is determined by completing the following steps:

    • (a) determine the escape height for the storey; and

    • (b) identify, in the table in clause (5), the column whose heading is “total”; and

    • (c) identify the number in that column that is opposite to that escape height.

(3)

  • In Part 3 and this Part, unless the context otherwise requires,—

    escape height, in relation to a storey of a building, means the height between the floor level of that storey and the floor level of whichever of the required exits for that storey is the greatest vertical distance above or below that level

    floor does not include a mezzanine floor or a rooftop area

    required exits, in relation to a storey of a building, means all of the exits required by or under the Act for that storey

    storey, in relation to a building, means a portion of the building between the upper surface of a floor (floor A) in the building and—

    • (a) the upper surface of the next above floor in the building; or

    • (b) if there is no next above floor in the building, the lower surface of the ceiling or roof above floor A

    use, in relation to a space in a single storey of a building, means the use of that space determined (whether the building is a new structure or an existing building) in accordance with regulation 6 and Schedule 2 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.

(4)

  • A mezzanine floor in a building must for the purposes of Part 3 and this Part be treated (despite clause (3)) both—

    • (a) as if it were a floor in the building whose upper surface is the lower limit of a storey of the building; and

    • (b) as part of the next below floor in the building.

(5)

  • The table referred to in clauses (1), (2), (6), and (7) is as follows:

    Escape heightSHIAIDSASRWLWMCSCLCOCMSCSDWHWFTotal
    < 1 mno limit5050050000500
    l m to < 4 mno limit2525025000250
    4 m to < 10 mno limit25100000100
    10 m or > 10 m0000000
(6)

  • The acronyms in the column headings of the table in clause (5) denote the following uses:

    • (a) CL—Crowd Large:

    • (b) CM—Crowd Medium:

    • (c) CO—Crowd Open:

    • (d) CS—Crowd Small:

    • (e) IA—Intermittent Low:

    • (f) ID—Intermittent Medium:

    • (g) SA—Sleeping Accommodation:

    • (h) SC—Sleeping Care:

    • (i) SD—Sleeping Detention:

    • (j) SH—Sleeping Single Home:

    • (k) SR—Sleeping Residential:

    • (l) WF—Working Fast:

    • (m) WH—Working High:

    • (n) WL—Working Low:

    • (o) WM—Working Medium.

(7)

  • Despite clauses (1) to (5), the numbers in the column headed WH/WF in the table in clause (5) apply to a space in a storey of a building for the purposes of the limit specified in clause (1) only if the space's floor area exceeds 20 m2.

Rebecca Kitteridge,
for Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 24 May 2007.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Building (Designation of Building Work Licence Classes) Order 2007. The reprint incorporates all the amendments to the order as at 1 April 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Building (Designation of Building Work Licensing Classes) Order 2010 (SR 2010/43): clause 7