News

Cladding Stage 2 – Extended to 31 July 2019

May 21, 2019

SCA (Qld) has achieved an extension to 31 July 2019 on Stage 2 of the cladding regulation, which will greatly assist the 5,026 buildings to comply with the provisions of the BCCMA.

Read the Media Release here.

Pressure from SCA (Qld) in the media and through other government representatives (including Deputy Premier Jackie Trad) resulted in a meeting with the Department of Public Works and the QBCC, where we achieved a relaxation on some critical timelines and the way stage 2 is assessed.

The government announced that:

  • A blanket extension of two months will be applied to the Stage 2 process. The decision came after the government recognised the tight timelines and the difficulty in obtaining bodies corporate approvals. Please be aware that this is almost certainly the only extension owners will receive, and you must act now to meet the deadline of 31 July 2019 and avoid a potentially hefty fine;
  • Any buildings who have asked for an extension are also automatically extended to 31 July 2019;
  • There will be no further options to apply for extensions for any building;
  • The Stage 3 deadline, where a fire engineer must be engaged and advised to the QBCC, is extended to 31 October 2019;
  • Building Industry Professionals (BIP) are to take a holistic approach when examining the building in Part 2 to determine, for example, if weatherboard, which is defined as combustible, complies with the National Construction Code and Building Code. The QBCC will provide further guidance on this matter.

SCA (Qld) argued that the intention of the Non-Conforming Building Products Audit Taskforce was to identify dangerous Aluminium Composite Panelling and similar materials, not generally flammable materials. However, government officials continue to insist that certain building materials deemed combustible under the Cladding Regulation were intentionally captured as such – ceramic tiles, weatherboard, weathertex, canvas, fabric, timber or shadesails.

Further Requests from SCA (Qld)

We have also stressed that there should be an option to rectify or modify without the need for a costly inspection. The regulation does not provide options for those buildings who know they have ACP or a similar “true” combustible product and have either already declared at Stage 1 that they will engage the Stage 3 Fire Engineer, or that are now at Stage 2 and would make that declaration. We have suggested:

1.The QBCC view each uploaded Form 34 and assess “combustible materials” in context. Providing the BIP can demonstrate that the materials on the walls and architectural features are in accordance with the National Construction Code, the QBCC should only move buildings into Stage 3 that are deemed “at risk”.

2. Building owners be given an opportunity to apply for an extension of time to rectify or modify. This is to allow them the time to raise the funds needed – which in some cases may be tens of thousands of dollars. Ideally the longer the better, but SCA (Qld) suggested a reasonable 9-10 months extension should be sufficient to comply with the BCCMA’s requirements for collective decision making. They should then revert to the Stage 1 statutory declaration stage.

3. If the building owner declared at Stage 1 or Stage 2 that they will engage a fire engineer, but will now, with a later deadline, be able to rectify the cladding before the end of stage 2, they should be able to –

a. Cancel the fire engineer;

b. Revert to the Stage 1 statutory declaration (with an additional comment section to explain the steps taken, and the requirement to upload a professional report detailing what has been done on the building).

4. If a building owner confirms a fire engineer has been booked (they have until 2021 to use the fire engineer) but in the meantime, decides to remove the cladding in question, they should be able to –
a. Cancel the fire engineer;
b. Revert to the Stage 1 statutory declaration (with an additional comment section to explain the steps taken, and the requirement to upload a professional report detailing what has been done on the building).

This is a sensible suggestion for which SCA (Qld) continues to advocate.

The BIP declaration is critical

The Stage 2 declaration is now critical for those buildings who must engage a BIP for an assessment. For those buildings without dangerous material on them, it is essential that Question 6 on Form 34 be as prescriptive as possible so as to provide the best chance to avoid Stage 3 (fire engineer). HPW assured SCA (Qld) that the BIP is to assess the building in its entirety to determine whether the building should stay in scope (ie whether, for example, the weatherboard or shade sail represent a danger in case of a fire).

SCA (Qld) alerts all members to ensure that their BIP is briefed;

  • To describe the “combustible” materials seen on the building adequately in Question 6b. If the BIP can demonstrate that the materials on the walls and architectural features are in accordance with the National Construction Code, the QBCC may allow the building to exit at Stage 2;
  • To endeavour to view any building plans as queried in Question 6c. If a BIP is confidently describing that the materials are in accordance with the NCC, the QBCC may accept the building is safe.

This alert was distributed by Strata Community Association QLD on 14 May 2019.