He is supported in his work by the Office of the Working Group, headed by Chief Executive Officer Stan Krpan. We are pleased to present our interim report on the work of the Victorian Cladding Task Force to the Minister for Planning. The working group is supported in its work by the Working Group Office, headed by Chief Executive Officer Stan Krpan.
Of the building permits audited, 51 percent (85 buildings) were assessed as non-compliant with the CCC.
Review of the VBA audit and development of a comprehensive audit
In 2015, following the Lacrosse fire, and prior to the formation of the Victorian Cladding Taskforce, the VBA began an audit of external wall cladding in high-rise and public buildings in Melbourne's CBD to determine the extent of non-compliance with the NCC. and prevent a Lacrosse repeat. As of October 31, 2017, VBA and MBS have concluded that more than 30 buildings remain noncompliant. Significantly, 91% of the buildings identified by the VBA had architectural/specification documentation indicating the use of combustible exterior wall cladding and/or combustible exterior wall cladding.
The VBA decided to commission a review of its audit, prior to the announcement of the Task Force. Overall, 84 percent of the buildings inspected were deemed to require further investigation after the initial curb. Notably, the inspected buildings represent more than 10 percent of the buildings within the statewide audit scope discussed below.
The results of the audits, including the proposed risk ranking calculated by the Risk Assessment Tool, are reviewed by an expert advisory panel, including a fire safety engineer, the VBA and the relevant fire agency, and support the MBS in each of the pilot municipalities. . The results of the pilot inspections to date support the continued use of the piloted inspection approach, including the use of the inspection and risk assessment instruments developed by the Task Force. This will promote a higher degree of coordination and consistency in auditing and should improve the cost effectiveness of the audit process through economies of scale.
Process for rectification and cost implications
A priority for the Task Force, consistent with its terms of reference, is to develop a standard and process for bringing exposed buildings to an acceptable level of safety and/or compliance following completion of the review process outlined in Chapter 1. While this does not require inspection of all possible risks. It is likely that given the public attention to clothing issues and the work of the Taskforce, clothing will be considered a "known safety risk" and require the owners' company to take expert advice on risk and determine appropriate action. The owners company and individual owners are residents of common property and each has a duty to take steps to prevent personal injury or damage to persons as a result of the condition of the premises.
Construction workers may be liable for some or all of the cost of recovery, depending on a range of factors, including the type of construction, contractual obligations and the law of negligence. Designating VBA as the MBS for the audit purposes would ensure that the full suite of these powers is available to facilitate rectification. No one was prosecuted for Lacrosse, as proceedings for building code violations must be initiated within three years of the alleged violation.
Mr Moschoyiannis, the builder, is alleged to have contravened section 16 of the Building Act by installing ACP on external walls which does not comply with the Building Code of Australia. In Victoria, professional disciplinary proceedings involving architects are the responsibility of the Architects Registration Board of Victoria (ARBV). The ARBV is empowered under section 18 of the Architects Act 1991 (Vic) to initiate an inquiry into an architect's fitness to practice or professional conduct.
Enforcement and disciplinary action arising from audit
In 2016, the VBA referred the matters it discovered in its investigation to the ARBV for Elenberg Fraser, who was to investigate them in his role as architect for the Lacrosse building. The Construction Act establishes the VBA as the lead agency in Victoria to monitor and enforce compliance in the construction industry with the Act and regulations. In evaluating current practices, we also recognize that there are legislative limitations that affect the VBA functions highlighted in the chapter.
The duties of the VBA, as described in the act, include monitoring and enforcing compliance with the building code and regulations. A number of large-scale, critical reviews of the VBA (and its predecessor the Building Commission) have been undertaken, including a report by the Victorian Ombudsman in 2012 and by the Victorian Auditor-General's Office (VAGO) in 2011 and 2015 respectively. focus on risk-based strategies and the expectation that the VBA will 'take a risk-based approach to managing its compliance responsibilities'.
The VBA has made significant improvements in moving towards a risk-based and responsive regulator for the construction industry. Overall, there has been an increasing trend in the level of compliance and implementation of VBA activities in recent years. In 2016/17, there were 1,187 investigations into construction and plumbing related matters, leading to 109 disciplinary hearings of construction and plumbing professionals by the BPB and VBA.
Effectiveness of the current compliance, certification and enforcement regime . 22
Most of the submissions to the Task Force commented on the role of government in the general regulation of the construction industry and many specifically commented on the role of the VBA. It was suggested that an essential component of a rigorous approvals system would be widespread respect for the competence and integrity of the VBA. Local authorities are responsible for administering and enforcing a number of sections of the Building Act.
A few submissions commented on the changing and declining role of MBS with the privatization of building inspection services in 1994. Lack of clarity about the relative roles and responsibilities of PBS, MBS and VBA. A common theme among submissions was the critical importance of the role of inspection and approval of construction works.
This commercial relationship aligns the building inspector's incentives with the client rather than the ultimate end users of the building. There also seems to be a common view in the construction industry that it is RBS's responsibility to ensure that buildings are compatible. One option that could be considered would be to decouple the permitting role from inspections of the construction process, final inspection and enforcement powers.
In addition, concerns were expressed about non-compliance with other aspects of the Construction Law and insufficient proactive auditing. Submissions to the Task Force have raised concerns that current approaches to building procurement mean that the building designer is no longer responsible for overseeing the project through to delivery.
Advice on communications
As part of the voluntary activation approach described in Chapter 1, a communiqué was distributed through the SRG and other stakeholders. The Task Force has set up a dedicated webpage on the DELWP website which went live on July 24, 2017. An advisory note, published on the landing page, was written by the Task Force in consultation with key stakeholders.
The advisory note was published by the VBA in its direct communications to building practitioners and by members of the SRG, including the Housing Industry Association (HIA), Engineers Australia (EA) and the National Fire Industry Association (NFIA). The remaining members of the SRG agreed to publish the advisory note on their industry newsletters and social media channels. Direct letters, including the advisory note, were also sent to owners' business managers ahead of the pilot on-site inspection in Greater Dandenong.
The working group sought the views of experts and stakeholders in relation to fire safety systems in buildings. Most stakeholders said the current scheme, which involves the installation and maintenance of fire safety systems in buildings, has proved inadequate in dealing with ACP and other combustible linings. This is a problem for buildings with combustible cladding, as the safety of the building and the protection of its occupants depend on whether the building materials and other fire safety systems are properly maintained.
Improvements to the system for fire safety in buildings
Regulation 309 requires the report and consent of the Chief Officer of the relevant fire authority when a fire safety matter listed in the Regulations does not comply with the DtS provisions of the NCC. DELWP is currently considering which of the MFB's proposals in relation to its role as reporting authority can progress through its review of the Building Regulations, such as extending the reporting period from 10 to 15 days, and notes that it is limited in its ability to make amendments bring that has a regulatory impact at this stage in the review process. The fire authorities note that it is not mandatory that every fire safety design matter be approved by the Chief Officer as part of a report and consent.
User permits issued by RBS must list all ESMs relating to a particular building, specify the required level of operation of these ESMs and the frequency and type of maintenance required. Building owners are obliged to prepare an annual ESM report in accordance with the maintenance provision or the relevant user permit. Where a liner is listed as an ESM, owners must ensure that it is reviewed in accordance with the Occupancy Permit and reported in the Annual ESM Report;
Owners must provide an annual ESM report to an MBS or Head of CFA or MFB for inspection within 24 hours of each request. Fire safety solutions and systems are designed based on the allowable live load rather than the highest rates that may occur. Concerns were raised about the lack of an education campaign by any of the relevant agencies regarding overcrowding and or advice as to why balconies should not be used for storage due to safety risks or compliance breaches.
