Building (Designation of Building Work Licensing Classes) Order 2010

2010/43

Crest

Building (Designation of Building Work Licensing Classes) Order 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 1st day of March 2010

Present:
His Excellency the Governor-General in Council

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 Licensing Classes) Order 2010.

2 Commencement
  • This order comes into force on 1 April 2010.

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

    Act means the Building Act 2004

    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)

    area of practice 1, area of practice 2, and area of practice 3, in relation to licensing, or an application to be licensed, in a licensing class, have the same meanings as in the rules

    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

    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.

Designation of building work licensing classes

4 Licensing classes designated and building work that LBPs are licensed to carry out or supervise
  • This order designates the licensing classes specified in rows 1 to 9 of the following table, and an LBP who is licensed in a class specified in one of those rows is licensed to carry out or supervise building work of the type specified in that row:

    RowLicensing classType of building work
     General licensing classes 
    1Design

    Design work for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    2Site

    Co-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

     Trade licensing classes 
    3Carpentry

    Carpentry for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building; or

    • (c) a category 3 building

    4Roofing

    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

    5External plastering

    Application 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

    6

    Bricklaying and blocklaying

    Laying 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

    7Foundations

    Construction or alteration of some or all of the foundations in or for any building that is—

    • (a) a category 1 building; or

    • (b) a category 2 building

     Specialist licensing classes 
    8Concrete structure

    Co-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

    9Steel structure

    Co-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

Automatic licensing of certain professions

5 Specified architects, engineers, plumbers, and gasfitters treated as if licensed in specified licensing classes
  • (1) People specified in column 1 of a row of the following table are, under section 291(2) of the Act, treated as if they were licensed in the building work licensing class or classes specified (and as a result of an assessment in respect of the area of practice, if any, specified after that class or those classes) in column 2 of that row unless their registration, licence, or other recognition under the Act specified in that row is suspended or cancelled:

     Column 1 Column 2
    RowProfession Building work licensing class(es)
    1

    Registered architects under the Registered Architects Act 2005

     

    Design (area of practice 3)

    2

    Chartered professional engineers under the Chartered Professional Engineers of New Zealand Act 2002

     

    Design (area of practice 3) and site (area of practice 3)

    3

    People registered or deemed to be registered under the Plumbers, Gasfitters, and Drainlayers Act 2006 in respect of a class of registration that, with or without modification, replaces or corresponds to craftsman plumber or registered plumber

     

    Roofing, external plastering, and bricklaying and blocklaying

    4

    People registered or deemed to be registered under the Plumbers, Gasfitters, and Drainlayers Act 2006 in respect of a class of registration that, with or without modification, replaces or corresponds to craftsman gasfitter or registered gasfitter

     

    Roofing, external plastering, and bricklaying and blocklaying

    (2) Column 1 of row 3 of the table in subclause (1) must until the commencement of sections 41 and 173 of the Plumbers, Gasfitters, and Drainlayers Act 2006 be treated as if it referred only to people who are craftsman plumbers or registered plumbers under the Plumbers, Gasfitters, and Drainlayers Act 1976.

    (3) Column 1 of row 4 of the table in subclause (1) must until the commencement of sections 41 and 173 of the Plumbers, Gasfitters, and Drainlayers Act 2006 be treated as if it referred only to people who are craftsman gasfitters or registered gasfitters under the Plumbers, Gasfitters, and Drainlayers Act 1976.

Transitional provisions and revocation

6 Licensing in discontinued licensing class converts to licensing in new licensing class
  • (1) Licensing that is in a class specified in column 1 of a row of the following table and that is current at the close of 31 March 2010 continues after 31 March 2010 until cancelled or suspended but after 31 March 2010 is treated as if it were licensing in the class specified in column 2 of that row and arising from an assessment in respect of the area of practice specified in column 3 of that row:

     Column 1 Column 2 Column 3
    RowDiscontinued licensing class New licensing class Area of practice
    1Design—class 1 Design Area of practice 1
    2Design—class 2 Design Area of practice 2
    3Design—class 3 Design Area of practice 3
    4Site—class 1 Site Area of practice 1
    5Site—class 2 Site Area of practice 2
    6Site—class 3 Site Area of practice 3

    (2) An application for licensing in a class specified in column 1 of a row of the table in subclause (1) and that at the close of 31 March 2010 has not been withdrawn or finally determined continues after 31 March 2010 as if this order had not been made except that any licensing resulting from the granting of the application is treated as if it were licensing in the class specified in column 2 of that row and arising from an assessment in respect of the area of practice specified in column 3 of that row.


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) 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

  • (3) 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 SH (sleeping single home).

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 is a building—

  • (1) 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 not SH (sleeping single home); and

  • (2) whose building height is or exceeds 10 metres where—

    building height means the vertical distance between the upper surfaces of the floors of the building's lowest and highest storeys

    floor does not include a mezzanine floor or a rooftop area

    storey 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.

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 risk451–600 mm for single storey, or greater than 600 mm for 2 storey
     High risk101–450 mm for single storey, or 451–600 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 600 mm or less 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).

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 April 2010, is made under the Building Act 2004 (the Act). The order—

  • designates 9 building work licensing classes for licensed building practitioners under the Act; and

  • specifies the types of building work that licensed building practitioners who are licensed in those classes are licensed to carry out or supervise; and

  • specifies people who, under section 291(2) of the Act, are treated as if they are licensed in a specified class.

Rules relating to licensed building practitioners are, under sections 353 to 362 of the Act, prepared by the chief executive of the Department of Building and Housing, and then approved by the Building Practitioners Board and the Minister for Building and Construction. Rules of that kind contain the following minimum standards:

  • minimum standards of competence (including standards relating to knowledge and skills) that must be met for each licensing class; and

  • minimum standards for demonstrating current competence for each licensing class that must be met for continued licensing, and for the frequency at which assessments of current competence must be carried out.

Section 84 of the Act requires all restricted building work to be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the work. However, section 84 and other provisions of the Act that relate to restricted building work are yet to come into force. Before their commencement, there is no kind of building work—

  • that may be lawfully carried out or supervised by a licensed building practitioner only; or

  • that cannot lawfully be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise building work of a certain type only.

Licensing does, however, still have some consequences under the Act before the commencement of the restricted building work provisions. For example, the register of building practitioners established and maintained under section 298 of the Act enables members of the public to choose a suitable building practitioner from a list of licensed building practitioners. Licensed building practitioners may also, under subpart 2 of Part 4 of the Act, be the subject of complaints to, and disciplinary penalties imposed by, the Building Practitioners Board. In addition, a person commits an offence under section 314 of the Act if the person—

  • holds himself or herself out as a person who is licensed to carry out or supervise building work, or building work of a certain type, while not being so licensed; or

  • is a licensed building practitioner and fails on a request for the purpose to produce for inspection by the requester material that is, or is a copy of, evidence of being licensed, as required by section 289 of the Act; or

  • is a person applying to become licensed, or a licensed building practitioner, and fails to give written notice of a change in circumstances, in accordance with section 302 of the Act.

This order revokes and replaces the Building (Designation of Building Work Licence Classes) Order 2007. The main changes made by this order are as follows:

  • a new foundations licensing class is established relating to construction or alteration of foundations:

  • the former building services licensing class is discontinued (no licensing in that class has occurred, in part because no rules prescribing minimum standards for that class have been made):

  • the former 3 design licensing classes are replaced with a single design licensing class, the former 3 site licensing classes are replaced with a single site licensing class, and relevant existing licensing is converted accordingly:

  • Chartered professional engineers under the Chartered Professional Engineers of New Zealand Act 2002 are automatically licensed not only in the design licensing class, but also in the site licensing class:

  • registered plumbers and registered gasfitters are automatically licensed in the roofing, external plastering, and bricklaying and blocklaying licensing classes:

  • the definitions of the 3 categories of buildings are simplified.


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

Date of notification in Gazette: 4 March 2010.

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