Compliance Schedules and Building Warrant of Fitness

What is a Compliance Schedule?

Building owners and managers of commercial industrial or communal (public use) buildings are responsible, under the Building Act 2004, to have and maintain a compliance schedule and building warrant of fitness.

As a legislative requirement, the Building Act 2004 (the Act) outlines Council’s responsibilities with enforcing the provisions of the Act and promoting and protecting the public’s health and safety. Council’s role is to educate, monitor and work building owners, managers and independent qualified persons (IQPs) to the purposes and principles of the Act are achieved.

Section 7

Plans and specifications means the drawings, specifications, and other personal documents according to which a building is proposed to be constructed, altered, demolished or removed; and includes the:

  • specified systems that the application for building consent considers will be required to be included in the compliance schedule under section 100; and
  •  the proposed procedures for inspection and routine maintenance for the purposes of the compliance schedule for those specified systems

Section 45.1 (g)

An application for a building consent must be accompanied by either one of the following:

  • if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or
  • if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being:
    • altered in the course of the building work
    • added to the building in the course of the building work
    • removed from the building in the course of the building work

Section 51.1(c and d)

A building consent or an amendment to a building consent, must state:

  • the specified systems that are covered by the compliance schedule, and
  • the performance standards for the specified systems that are required by the Building Code

A Compliance Schedule is a document containing an inventory or list, which is  issued by the BCA for buildings that contain specified systems, and states the performance standards which must be met:

  • inspection, testing, maintenance and reporting procedures
  • the frequency of inspections, and
  • who should perform those inspections

Specified systems include:

Specified Systems
1 Automatic systems for fire suppression
1.1 Sprinkler system
1.2 Gas and foam flood or deluge systems: dry and wet fire extinguishing systems
2 Automatic or manual emergency warning systems for fire or other dangers
2.1 Manual and automatic fire alarms: smoke /heat detectors: gas: radiation systems
2.2 Automatic gas leak detection systems for the detection and measurement of combustible gases
3 Electromagnetic or automatic doors or windows
3.1 Automatic doors e.g. sliding or revolving doors (Are any of the doors interfaced with emergency warning systems?)
3.2 Access controlled doors (swipe card, keypad, sensor-delayed egress, etc
3.2 Interfaced fire or smoke door or windows (electromagnetic door holders)
4 Emergency lighting systems
5 Escape route pressurisation systems
6 Riser mains for use by fire services
7 Automatic back-flow preventers connected to a potable water supply
8 Lifts, escalators, travelators, or other systems for moving people or goods within a building
8.1 Passenger carrying lifts
8.2 Goods or service lifts
8.3 Escalators and moving walks
9 Mechanical ventilation or air conditioning systems
10 Building maintenance units or other devices providing access to the interior / exterior of a building
11 Laboratory fume cupboards
12 Audio loops or other assistive listening systems
12.1 Audio loop
12.2 FM radio frequency systems and infrared beam transmission
12 Smoke control systems
13.1 Mechanical smoke control systems
13.2 Natural smoke control systems
13.3 Smoke curtains
14 Emergency power systems for, or signs relating to, a system or feature in any of the specified systems 1–13
14.1 Emergency power systems installed for the purpose of supplying power to any of specified systems 1–13
14.2 Signs for all systems

 

Specified Systems 

15 Any or all of the following systems and features, so long as they form part of a building’s means of escape from fire, and so long as those means also contain any or all of the systems or features specified in clauses 1 to 6, 9 and 13:
   
16 Cable cars


Detailed information regarding specified systems can be located on MBIE’s Building Performance website.

From 31 March 2008, a single household unit requires a Compliance Schedule, if it contains a cable car or is serviced by a cable car. 

For the first 12 months of the period of the compliance schedule, the building owner or manager must ensure the compliance schedule is displayed publicly in the building so that the users of the building (including building officers, Independent Qualified Persons (IQPs), and authorised agents) can have access to it, along with the Compliance Schedule Statement.

What is a Compliance Schedule Statement?

A Compliance Schedule Statement is issued at the same time as the Code Compliance Certificate by the BCA and lists the specified systems within the building.  It must be replaced in 12 months with a Building Warrant of Fitness (BWOF), which is issued by the building owner to the Territorial Authority 

What is a Performance Standard?

The level of performance a specified system is intended to meet, and continue to meet, at the time it was designed and installed in a building.

Compliance with the Building Code is normally achieved by referring to an acceptable solution or a verification method. For example, the performance standard for sprinkler systems is NZS 4541:2013. This standard specifies what the maintenance, inspection and reporting regime is for sprinkler systems.

How do I obtain a Compliance Schedule?

A Compliance Schedule must be applied for at the same time a Building Consent Application is made and will be issued with a Code Compliance Certificate if a new building has one or more specified systems.  If an existing building has a Compliance Schedule and if during alteration an existing specified system is removed or new systems are installed, then the Compliance Schedule will be amended and a copy of this will be issued with the Code Compliance Certificate.

Making an amendment to a Compliance Schedule

If you think you need to make changes to your Compliance Schedule, please complete an Application for Amendment of Compliance Schedule form (Form 11) and forward it to us at council@kaipara.govt.nz

A copy of Form (11) can be found on our website at Kaipara District Council A-Z Forms under the sub-heading of “Building”.

What information do I need if I am applying for a Compliance Schedule?

Your designer should provide you with information relating to the performance standards for each specified system contained within the building at the time of application for a Building Consent.  These performance standards are required to identify the inspection, maintenance and reporting procedures required for each system.

Can I be prosecuted for not obtaining a Compliance Schedule or if my Building Warrant of Fitness has expired? 

Yes, depending on the alleged offence the fine ranges from $20,000 to a maximum of $200,000.

Building owners (and their agents) are responsible for meeting the requirements of the Building Act in relation to building warrants of fitness, compliance schedules and related matters. For further information, please refer to MBIE’s website Managing Buildings.

Additional Information

Additional information is available on MBIE’s website including:

What is a Building Warrant of Fitness (BWOF)?

A BWOF (Form 12) is a statement issued by the building owner to Council stating that the requirements of the Compliance Schedule have been fully met. 

The BWOF must have attached to it all Certificates of Compliance issued by the IQP or LBP.  These documents must be issued in the prescribed form (Form 12A) and certify that the inspection, maintenance and reporting procedures stated in the Compliance Schedule, have been fully complied with during the previous 12 months. 

The BWOF must be re-issued to Council on the anniversary of the issue of the Compliance Schedule (every 12 months) for the life of the building. 

What Documents should I keep regarding the Building Warrant of Fitness?

You are legally required to obtain written reports relating to the inspection, maintenance and reporting procedures of the Compliance Schedule.  These should be signed by the IQP who has carried out any of the listed procedures, (inspection, maintenance or reporting).

You are required to keep all reports for a period of 2 years and produce these for inspection when required.

What is an Independent Qualified Person (IQP)?

An IQP who is recognised by Council as qualified to carry out any performance inspection, maintenance, reporting or recommendation on a specified system.  For current IQP information.

Complaints

What happens if I am unhappy about any decision made by the BCA?

A customer has a right to appeal or to complain about any building control function the BCA undertakes, have this heard and resolved.

Complaints provide feedback about service experience and give us the opportunity to improve our performance.

A complaint in relation to building control is defined as a complaint about:

  • meeting statutory time frames;
  • lodgement or vetting of Building Consent applications;
  • processing of Building Consent applications;
  • inspection of work under construction;
  • issuing of a Notice to Fix;
  • issuing of Code Compliance Certificates;
  • issuing Compliance Schedules;
  • failure to provide appropriate information or advice;
  • Fees and Charges; and
  • failure to meet legislative or Building Code requirements.

How do I make a complaint?

You can make a complaint in person; however it must be accompanied in writing. Complaints not made in writing or made anonymously will not be actioned.

Complaints or Appeals should be addressed to:

Building Team Leader
Kaipara District Council
Unit 6
6 Molesworth Drive
Mangawhai 0505

What information is required?

  • date incident occurred
  • nature of complaint (vetting, lodgement, inspection, Notice to Fix, Code Compliance Certificate or Compliance Schedule)
  • copies of any supporting information (if applicable)
  • relationship (customer, regulator or stakeholder)
  • name and contact details.

How long does it take?

All written complainants will be responded to within 72 hours of the receipt of the complaint at which time you may be asked whether you wish to be heard in relation to the complaint or to provide further information.

Do I have a Right of Appeal?

Yes, if you do not agree with the outcome you may request a review of the decision. All appeals must be made in writing setting out the reasons why you disagree with the decision.

What else can I do?

If you are still unhappy or choose to use an alternative route to settle a matter of doubt or dispute you may apply to the MBIE for a Determination. Visit www.dbh.govt.nz for further information on this service.

Dams

Contact Northland Regional Council for all building consent information relating to all dams, small and large. (www.nrc.govt.nz)