4. PRINCIPAL CERTIFYING AUTHORITIES
PCAs (S 109E EPA Act)
Once a person has received development consent (through a DA determination or CDC) they have to appoint a PCA for:
Building work, and
Subdivision work.
The person can appoint either a different PCA for both works or the same PCA.
A PCA can be:
The consent authority,
council, or
an accredited certifier
PCAs have to be appointed with a notice containing the information under (C 103 Regs)
THE PCAs DUTIES
The PCAs responsibility is to issue guide the certification process from the approval of works (not development consent), i.e. after a CC or CDC to its finalisation, the issue of an OC or an SC (subdivision certificate).
Before the PCA issues the OC or SC, they have to:
Ensure a CC or CDC has been issued before the work has commenced on site
That the contractor (principal contractor), before work commences either:
Holds an appropriate licence, and for residential work is covered by insurance (Home Building Act 1989)
Holder of an owner-builder permit (does not require insurance)
The required inspections have taken place satisfactorily in accordance with the Regs
That any preconditions required by a development consent or CDC for the issue of the OC or SC has be satisfied.
REPLACEMENT OF PCAs (S 109EA)
A PCA can be replaced by either:
The BPB approves in writing (see S 109EA (2) EPA Act) and the consent authority (and council, if council is not the consent authority) are notified before the replacement occurs, or
The current PCA, the proposed PCA and the person eligible to appoint a PCA agree.
(C 162 The Regs) The new PCA must ensure that the new notice of appointment and the approval of the appointment is given to:
the consent authority, and
council if not the consent authority)
within 2 days after the appointment.
The notice is required to contain the same information under (C 103 The Regs) and in addition, require the name of the old PCA and a statement that the old PCA agreed to be replaced. (C 162 (4) The Regs)
(S 109NA) A new PCA can request the BPB in writing to give a direction to either:
The old PCA, or
A person the BPB believes has possession of,
prescribed information (See S 109NA (6) for definition) that the new PCA needs to conduct their role.
A person cannot, without reasonable excuse fail, to comply with the direction. A claim to a lien over any prescibed information is not a reasonable excuse (S 109NA (5))
CRITICAL STAGE INSPECTIONS (CSI) (C 162A Regs)
All inspections may be carried out the PCA, or by another certifying authority if the PCA agrees except for the final inspection.
A principal contractor or owner-builder must nottify the PCA at least 48 hours be each required CSI that needs to be carried out (under C 163 Regs)
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INSPECTION |
1 or 10 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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Afer excavation & Prior to placement of footings |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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Prior to reinforced concrete pour of any in-situ element |
Y |
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Prior to cover of framework of floor, wall, roof or other element |
Y |
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Prior to covering waterproofing of wet areas |
Y |
Y* |
Y* |
Y* |
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Prior to covering stormwater drainage connections |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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On completion, prior to OC |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y* = Prior to covering of waterproofing in wet areas, for a minimum of 10% of rooms with weares withing a building. (only for Class 2, 3 and 4 per table)
A swimming pool must be inspected, as soon as practicable, after the barrier (if required under Swimming Pools Act 1992) has been erected.
Manufactured or a dwelling buit off site and transported for assembly are not required to be inspected.
INSPECTION RECORDS (C 162B Regs)
A certifying authority (whether or not a PCA) must record each CSI.
Any certifying authority who records a CSI and is not the PCA must, within 2 days after the record is made, provide a copy to the PCA.
A record must be made as soon as practicable after the CSI is carried out (C 162B (3) Regs).
A record of a CSI must include:
The registered number of the DA and CC or CDC
Address of property
Type of inspection
Date performed
Identity of the certifying authority (If an accredited body corporate, also the identiy of the individual who carried out the inspection
The accreditation number of the certifying authority if an AC (if the certifying authority is an accredited body corporate, also the accreditation number of the individual).
Whether or not the inspection was satisfactory in the opinion of the certifying authority who carried it out.
MISSED INSPECTIONS
A progress inspection (inspection other than a final) if unavoidable missed, can be retrospectively “not prescribed” under (C 162C Regs) if:
The PCA considers the circumstances unavoidable, and
The PCA is satisfied that the work that would have been the subject of inspection was satisfactory.
The PCA as soon as practicable after becoming aware of the circumstances makes a missed inspection record
The missed inspection record has to be completed in accordance with (C 162C (3) Regs).
If a person who is not the PCA becomes aware of a missed CSI, they must inform the PCA and the circumstances causing the CSI to be missed.
The PCA must notify, within 2 days of becoming aware of the missed CSI:
the person who appointment them, and
either the
principal contractor, or
owner builder
and send a copy of the missed inspection record to the person who appointed them.
NOTICE OF INTENTION TO SERVE ORDER
(S 109L EPA Act) A PCA may serve notices according to orders* to persons able to be served and can direct them to do anything to fulfill that order.
Some useful orders that notices can be served under:
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Order 12
To restore premises to a condition before unlawful erection or development |
Work has been unlawfully carried out |
Owner / representative or person acting non-compliantly with a development consent or CDC |
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Order 13
To bring building, whole or in part in compliance with development standards |
Building does not comply with development standards |
Owner of premises |
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Order 15
To comply with a development consent |
Development consent is not being complied with |
Person entitled to act on the development consent or person acting non-compliantly with development consent |
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Order 19
To cease carrying out building or subdivision work |
(a) building or subdivision work is being carried out in contravention of the EPA Act
(b) building or subdivision work is being carried out that affects the support of adjoining premises |
Owner of land or any person apparently engaged in the carrying out of the works |
* Full list of orders under (S 121B The EPA Act)
The form of a notice (121H) :
The notice must identify the person whom the order under (S 121B) may be served.
Contain the details regarding the terms of the propsed order.
The period of time within the order is to be complied with.
Indicate to whom the order is proposed to be given, details regarding representations they can make under (S 121I).
The notice may state that the representations are to be made to:
The person who gives the order, or
A nominated person,
On a nominated 'reasonable' date.
For a notice only has effect under (S 109L) if the accredited certifier:
Is present when representations are made under (S 121I), and
Is entitled to make his/her own representations to the consent authority or the nominated person.
Is entitled to have his/her representations head and considered under (S 121J) as the person being served.
Filing a notice:
(S 109L EPA Act) An AC who serves a notice must, within 2 working days after the notice is served, send copies of the notice:
To council
To a consent authority (if council is not the consent authority)
To the owner of the land (if the person served is not the landowner)
(S 121ZE (2) EPA Act) If requested by council they must immediately inform the council whether or not the notice is outstanding and any action propsed to be taken by the person in relation to the notice.