Amendment Rules 2010
Overview
Pursuant to section 353 of the Building Act 2004, the Minister for Building and Construction makes the following rules—
(a) after they were prepared by the chief executive of the Department of Building and Housing, and approved by the Building Practitioners Board, in accordance with sections 354 to 359 of that Act; and
(b) by approving them in accordance with sections 360 and 361 of that Act.
Rules
1 Title
These rules are the Licensed Building Practitioners Amendment Rules 2010.
2 Commencement
These rules come into force on 1 April 2010.
3 Principal rules amended
These rules amend the Licensed Building Practitioners Rules 2007.
4 Interpretation
(1) The definition of class or classes of licence in rule 3(1) is revoked and the following definitions are substituted in their appropriate alphabetical order:
“area of practice” means a category of building work of the type set out in Schedule 2
“area of practice information” means information about every area of practice in respect of which a licensed building practitioner has demonstrated that he or she has met the minimum standards of competence for that licensing class
“class or classes of licence, for an application to be licensed, or licensing, means an application to be licensed, or licensing, in a licensing class
“licensing class means a licensing class designated by the Building (Designation of Building Work Licensing Classes) Order 2010”.
(2) The definition of recognised qualification in rule 3(1) is revoked and the following definition substituted:
“recognised qualification, in relation to a licensing class, means a qualification of a kind listed in Schedule 2 as a recognised qualification for licensing in that licensing class.”
5 Information that must be provided for a licence application
(1) Rule 7(1)(d) is amended by omitting “including” and substituting “which may include”.
(2) Rule 7(1)(k) is revoked and the following paragraph substituted:
“(k) the contact details of 2 or more referees; and”.
6 Rule 7A revoked
Rule 7A is revoked.
7 Way in which minimum standard must be assessed
(1) Rule 11(1) is revoked and the following subclause substituted:
“(1) An assessor must assess whether an applicant meets the minimum standard of competence by using methods prescribed by the Registrar to—
(a) carry out an evaluation of the information provided in or with the application; and
(b) to carry out an interview with the applicant if—
(i) the application is one to be licensed in the licensing class called design; or
(ii) the application is one to be licensed in 1 or more licensing classes (other than design) in relation to which the applicant has not provided evidence that he or she has a recognised qualification, and the assessor thinks it necessary to carry out an interview with the applicant.”
(2) Rule 11(4) is revoked and the following subclause substituted:
“(4) Where an applicant has applied to be licensed in a licensing class in respect of a particular area(s) of practice, the assessor may recommend to the Registrar that the applicant should be licensed in respect of a different or additional area(s) of practice.”
8 Failure to reply
Rule 17(2) is amended by inserting “(and comply with rule 31(1)(a) to (c))” after “licence”.
9 Registrar must make decision on continued licensing and notify and implement decision
Rule 25(3)(b) is amended by adding “;and” to subparagraph (iii), and by adding the following subparagraph:
“(iv) of his or her right of appeal to the Board against the suspension.”
10 Registrar to notify suspension or cancellation decision
(1) Rule 31(1) is amended by inserting “under rule 17(2)” after “licence”.
(2) Rule 31(1)(c) is amended by omitting “;and” and substituting “.”.
11 Form of licence identification card
Rule 35 is amended by adding “;and” to paragraph (f), and by adding the following paragraph:
“(g) the licensed building practitioner’s area of practice information (if any).”
12 Schedule 1 amended
(1) Schedule 1 is amended by revoking all items relating to the Site 1, Site 2, Site 3, Design 1, Design 2 and Design 3 licensing classes.
(2) Schedule 1 is amended by adding the licensing class competencies set out in Schedule 1 of these rules.
13 New Schedule 2 added
The principal rules are amended by adding the Schedule 2 set out in Schedule 2 of these rules.
Schedule 1
Licensing class competencies added to Schedule 1 of principal rules
r 11(2)
Licensing class competencies added to Schedule 1 of principal rules
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Licence class: |
Design | |
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Descriptor: |
This licensing class covers practitioners designing any category of building. |
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Explanatory note: |
This licensing class includes:
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Competencies: |
These competencies may be demonstrated by meeting some or all of the following performance indicators. |
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Performance indicators: |
Competency 1: Comprehend and apply knowledge of the regulatory environment of the building construction industry. This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice. |
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Area of practice 1: Design 1 (Category 1 buildings) | ||
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1.1.1 |
Explain the purpose of the Building Act and Building Code and their relationship to the design process. |
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1.1.2 |
Comprehend and apply knowledge of the Building Act and Regulations, the Building Code and Building Code compliance documents relevant to Category 1 buildings. Includes but not limited to – NZS3604, E2/AS1, NZS4229. |
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1.1.3 |
Explain the relevance of building-related legislation to the design of Category 1 buildings. Includes but not limited to – Health and Safety in Employment Act, Resource Management Act. |
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1.1.4 |
Demonstrate knowledge of contracts for engagement between the designer and the client, and construction contracts. |
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1.1.5 |
Describe the key features of the Licensed Building Practitioners Scheme. Includes but not limited to – the licence classes, restricted building work, accountability to the Building Practitioners Board. |
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1.1.6 |
Explain the roles and responsibilities of key parties involved in the design and building process. Includes but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), consulting engineers, trades (e.g. electrical, plumbing, tiling), manufacturers, Department of Building and Housing, building consent authorities (BCAs) and clients. |
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1.1.7 |
Demonstrate knowledge of the consent processes, including planning requirements under the Resource Management Act and the Building Act. Includes but not limited to – when a consent is required, application, inspection, code compliance certificates. |
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1.1.8 |
Explain the importance of, and operate within the scope of individual competence, and recognise when other expertise is required. Includes but not limited to – the implications of the different design areas of practice |
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Area of practice 2: Design 2 (Category 1 and 2 buildings) | ||
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1.2.1 |
Explain the purpose of the Building Act and Building Code and their relationship to the design process. |
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1.2.2 |
Comprehend and apply knowledge of the Building Act and Regulations, the Building Code and Building Code compliance documents relevant to Category 1 and 2 buildings. |
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1.2.3 |
Explain the relevance of building-related legislation to the design of Category 1 and 2 buildings. Includes but not limited to – Health and Safety in Employment Act, Resource Management Act, Construction Contracts Act |
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1.2.4 |
Comprehend and apply knowledge of contracts for engagement between the designer and the client, and construction contracts. |
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1.2.5 |
Describe the key features of the Licensed Building Practitioners Scheme. Includes but not limited to – the licence classes, restricted building work, accountability to the Building Practitioners Board. |
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1.2.6 |
Explain the roles and responsibilities of key parties involved in the design and building process. Includes but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), consulting engineers and other specialist consultants, trades (e.g. electrical, plumbing, tiling), manufacturers, Department of Building and Housing, building consent authorities (BCAs) and clients. |
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1.2.7 |
Demonstrate knowledge of the consent processes, including planning requirements under the Resource Management Act and the Building Act. Includes but not limited to – when a consent is required, application, inspection, code compliance certificates. |
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1.2.8 |
Explain the importance of, and operate within the scope of individual competence, and recognise when other expertise is required. Includes but not limited to – the implications of the different design areas of practice |
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Area of practice 3: Design 3 (Category 1, 2 and 3 buildings) | ||
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13.1 |
Explain the purpose of the Building Act and Building Code and their relationship to the design process. |
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1.3.2 |
Comprehend and apply knowledge of the Building Act and Regulations, the Building Code and Building Code compliance documents and New Zealand Standards relevant to Category 1, 2 and 3 buildings. |
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1.3.3 |
Explain the relevance of building-related legislation to the design of Category 1, 2 and 3 buildings. Includes but not limited to – Health and Safety in Employment Act, Resource Management Act, Construction Contracts Act, Historic Places Act. |
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1.3.4 |
Comprehend and apply knowledge of contracts for engagement, and construction contracts. |
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1.3.5 |
Describe the key features of the Licensed Building Practitioners Scheme. Includes but not limited to – the licence classes, restricted building work, accountability to the Building Practitioners Board. |
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1.3.6 |
Explain the roles and responsibilities of key parties involved in the design and building process. Includes but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), consulting engineers and other specialist consultants, trades (e.g. electrical, plumbing, tiling), manufacturers, Department of Building and Housing, building consent authorities (BCAs) and clients. |
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1.3.7 |
Demonstrate knowledge of the consent processes, including planning requirements under the Resource Management Act and the Building Act. Includes but not limited to – application, inspection, code compliance certificates. |
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1.3.7 |
Explain the importance of, and operate within the scope of individual competence, and recognise when other expertise is required. Includes but not limited to – the implications of the different design areas of practice |
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Competency 2: Manage the building design process. This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice. |
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Area of practice 1: Design 1 (Category 1 buildings) | ||
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2.1.1 |
Plan, schedule and organise design projects to deliver specified outcomes. |
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2.2.2 |
Use quality assurance techniques in performing design activities. Examples of techniques: checklists, design review and peer review. |
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Area of practice 2: Design 2 (Category 1 and 2 buildings) | ||
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2.2.1 |
Plan, schedule and organise design projects to deliver specified outcomes. |
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2.2.2 |
Use quality assurance techniques in performing design activities. Examples of techniques: checklists, design review and peer review. |
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2.2.3 |
Explain the processes of construction observation. May include but not limited to – site meetings and inspections, reporting on compliance with construction documentation, conditions of contract, building consents and any changes required. |
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2.2.4 |
Explain the processes of contract administration. May include but not limited to – monitoring compliance with contract requirements, providing supplementary contract documentation, planning and control of documents and records, managing variations to contract and progress claims, monitoring construction programme and costs, monitoring health and safety, record archiving, collation of as-built and compliance documentation, report and determine finalisation of contract. |
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2.2.5 |
Advise building owner on occupation requirements. May include but not limited to – applications for certificate for public use, code compliance certificate, food hygiene/preparation certificate. |
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Area of practice 3: Design 3 (Category 1, 2 and 3 buildings) | ||
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2.3.1 |
Plan, schedule and organise design projects to deliver specified outcomes. |
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2.3.2 |
Use quality assurance techniques in performing design activities. Examples of techniques: checklists, design review and peer review. |
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2.3.3 |
Provide construction observation. May include but not limited to – site meetings and inspections, coordinating specialist consultants, reporting on compliance with construction documentation, conditions of contract, building consents and any changes required. |
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2.3.4 |
Provide contract administration. May include but not limited to – monitoring compliance with contract requirements, providing supplementary contract documentation, planning and control of documents and records, managing variations to contract and progress claims, monitoring construction programme and costs, monitoring health and safety, record archiving, collation of as-built and compliance documentation, report and determine finalisation of contract. |
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2.3.5 |
Advise building owner on occupational requirements. May include but not limited to – applications for certificate for public use, code compliance certificate, food hygiene/preparation certificate. |
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Competency 3: Establish design briefs and scope of work and prepare preliminary design. This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice. |
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Area of practice 1: Design 1 (Category 1 buildings) | ||
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3.1.1 |
Work with client to establish an agreed brief and scope. |
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3.1.2 |
Carry out or acquire site investigations and accurately document existing conditions. May include but not limited to – existing building conditions and compliance, topography, immediate neighbourhood, services, streets, elements of the landscape. |
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3.1.3 |
Demonstrate knowledge of design practice and methods, building elements and construction processes. |
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3.1.4 |
Consider environmental and social impacts when developing design solutions. May include but not limited to – understanding of environmental and social impacts, context, and use of resources. |
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3.1.5 |
Prepare and present preliminary design drawings and outline specification. |
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3.1.6 |
Present information to client on timelines and costs. |
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Area of practice 2: Design 2 (Category 1 and 2 buildings) | ||
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3.2.1 |
Work with client to establish an agreed brief and scope. |
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3.2.2 |
Carry out or acquire site investigations and accurately document existing conditions. May include but not limited to – existing building conditions and compliance, topography, immediate neighbourhood, services, streets, elements of the landscape. |
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3.2.3 |
Demonstrate knowledge of design practice and methods, building elements and construction processes. |
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3.2.4 |
Document environmental and social impacts when developing design solutions. May include but not limited to – understanding of environmental and social impacts, context, and use of resources. |
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3.2.5 |
Prepare and present preliminary design drawings and outline specifications. |
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3.2.6 |
Present information to client on timelines and costs. |
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Area of practice 3: Design 3 (Category 1, 2 and 3 buildings) | ||
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3.3.1 |
Work with client to establish an agreed brief and scope. |
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3.3.2 |
Carry out or acquire site investigations and accurately document existing conditions. May include but not limited to – existing building conditions and compliance, topography, immediate neighbourhood, services, streets, elements of the landscape. |
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3.3.3 |
Demonstrate knowledge of design practice and methods, building elements and construction processes. |
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3.3.4 |
Document environmental and social impacts when developing design solutions. May include but not limited to – understanding of environmental and social impacts, context, and use of resources. |
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3.3.5 |
Prepare and present preliminary design drawings and outline specifications. |
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3.3.6 |
Present information to client on timelines and costs |
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Competency 4: Develop design and produce construction drawings and documentation This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice. |
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Area of practice 1: Design 1 (Category 1 buildings) | ||
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4.1.1 |
Apply design standards and identify and produce specific design solutions. |
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4.1.2 |
Apply basic knowledge of the principles of building technology and performance. |
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4.1.3 |
Coordinate and integrate specialist design inputs as required. |
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4.1.4 |
Prepare developed design drawings and specifications. |
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4.1.5 |
Update clients on timelines and costs. |
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4.1.6 |
Demonstrate knowledge of conditions of contract. |
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4.1.7 |
Produce detailed drawings, specifications and documentation suitable for building consent and construction. |
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Area of practice 2: Design 2 (Category 1 and 2 buildings) | ||
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4.2.1 |
Apply design standards and identify and produce specific design solutions. |
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4.2.2 |
Apply knowledge of building technology and performance. |
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4.2.3 |
Coordinate and integrate specialist design inputs as required. |
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4.2.4 |
Prepare developed design drawings and specifications. |
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4.2.5 |
Update clients on timelines and costs. |
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4.2.6 |
Demonstrate knowledge of conditions of contract and methods of procurement. |
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4.2.7 |
Produce detailed drawings, specifications and documentation suitable for building consent and construction. |
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Area of practice 3: Design 3 (Category 1, 2 and 3 buildings) | ||
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4.3.1 |
Apply design standards and identify and produce specific design solutions. |
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4.3.2 |
Apply comprehensive knowledge of building science, technology and building performance. |
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4.3.3 |
Coordinate and integrate specialist design inputs as required. |
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4.3.4 |
Prepare developed design drawings and specifications. |
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4.3.5 |
Update clients on timelines and costs. |
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4.3.6 |
Demonstrate knowledge of conditions of contract and alternative methods of procurement. Examples of procurement may include but not limited to – collaborative and complex contract structures. |
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4.3.7 |
Manage and produce detailed drawings, specifications and documentation suitable for building consent and construction. |
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Frequency of assessment: |
The first assessment of current competence will occur 2 years after the date of the issue of the licence. Ongoing assessments will occur every 2 years after the date of the last assessment. |
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Schedule 2
New Schedule 2 added to principal rules
r 12
New Schedule 2 added to principal rules
SCHEDULE 2
rr 3(1), 7(4), 11(1)(b)(ii)
Recognised Qualifications
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Licensing Class |
Area of practice |
Recognised qualification |
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Site |
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Site 1 |
1. National Certificate in Construction (Leading Hand) (Level 4) 2. New Zealand Certificate in Building 3. Advanced Trade Certificate in Carpentry |
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Site 2 |
1. New Zealand Certificate in Building 2. National Certificate in Construction (Supervisor) (Level 5) 3. National Diploma in Construction Management (Level 6) 4. Advanced Trade Certificate in Carpentry |
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Site3 |
1. New Zealand Certificate in Building 2. National Diploma in Construction Management (Level 6) |
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Carpentry |
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1. Certificate of Due Completion of Apprenticeship (Carpentry or Carpentry Joinery) 2. National Certificate in Carpentry (Level 4) 3. National Certificate in Carpentry (Advanced) (Level 4) 4. Trade Certificate in Carpentry 5. Advanced Trade Certificate in Carpentry 6. New Zealand Certificate in Building |
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Roofing |
Concrete or Clay Tile Roof |
1. National Certificate in Roofing (Installer) (Level 4) - Concrete Roof Tiles |
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Profiled Metal Roof and/or Wall Cladding |
1. National Certificate in Roofing (Installer) (Level 4) - Metal Roof and Wall Cladding 2. National Certificate in Plumbing |
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Metal Tile Roof |
1. National Certificate in Roofing (Installer) (Level 4) - Metal Roof Tiles | |
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Roof Membrane |
1. National Certificate in Roofing (Installer) (Level 4) - Roof Membrane | |
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Torch on Roof Membrane |
1. National Certificate in Roofing (Installer) (Level 4) - Torch on Roof Membrane | |
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Liquid Membrane Roof |
1. National Certificate in Roofing (Installer) (Level 4) - Liquid Roof Membrane | |
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Shingle or Slate Roof |
1. National Certificate in Roofing (Installer) (Level 4) - Roof Shingle | |
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External Plastering |
Solid Plastering |
1. National Certificate in Solid Plastering (Level 4) 2. Trade Certificate in Solid Plastering 3. Advanced Trade Certificate in Solid Plastering 4. Certificate of Due Completion of Apprenticeship (Solid Plastering) |
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Proprietary Plaster Cladding Systems |
1. National Certificate in Proprietary Plastering Cladding Systems (Level 4) - Rebated Fibre Cement 2. National Certificate in Proprietary Plastering Cladding Systems (Level 4) - Lightweight Fibre Cement 3. National Certificate in Proprietary Plastering Cladding Systems (Level 4) - External Insulation Finishing Systems (EIFS) |
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Bricklaying and Blocklaying |
Veneer |
1. National Certificate in Brick and Block Laying (Level 4) 2. Trade Certificate in Bricklaying 3. Advanced Trade Certificate in Bricklaying 4. Certificate of Due Completion of Apprenticeship (Bricklaying) 5. National Certificate in Masonry (Bricklaying) (Level 3) - Brick and Block Laying |
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Structural Masonry |
1. National Certificate in Brick and Block Laying (Level 4) 2. National Certificate in Masonry (Bricklaying) (Level 3) - Brick and Block Laying |
Rules Date of Board’s resolution approving these rules:
I, Hon Maurice Williamson, Minister for Building and Construction, approve these rules:
Signed: Maurice Williamson
Date: 8 March 2010
Explanatory note
These rules, made under the Building Act 2004 by Hon Maurice Williamson MP, Minister for Building and Construction, come into force on 1 April 2010 and amend the Licensed Building Practitioners Rules 2007 (the 2007 Rules).
The amendments—
(a) update references to the former 3 design licensing classes and to the former 3 site licensing classes which, on 1 April 2010 and under the Building (Designation of Building Work Licensing Classes) Order 2010, are replaced by a single design licensing class and by a single site licensing class; and
(b) set out the competencies that make up the minimum standards for the trade licensing class called foundations; and
(c) list recognised qualifications for licensing in particular licensing classes (which are kinds of qualifications that reduce information and evidence that an applicant for licensing must provide, and simplify assessments of whether the applicant meets the minimum standard of competence); and
(d) make various minor improvements to the 2007 Rules.