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Warning on Trades Licensing [ JUNE 2009 ]


NSW State Government plans to remove licensing requirements for several trades will strip consumers of an important layer of protection. The decision to remove the licensing requirements was made after public consultation by the NSW Better Regulation Office.

The Master Builders Association is upset about the Government's move to remove licensing requirements for some home building and renovation tradespeople, especially pre-purchase property inspectors.

"It's not what the industry wants, and it certainly isn't what consumers want," said the director of the association's housing division, Peter Meredith.

The Sydney Morning Herald. JUNE- 2009

Important information on Residential Gutters [ FEB 2009 ]

The following information is a quick reference guide for NSW building professionals and consumers relating to the installation of high fronted gutters in residential homes for new or existing homes.

It does not replace the need to ensure that gutter installation meets the performance requirements of the Building Code of Australia (BCA).

Recent Trends

High fronted gutters are popular among consumers as they hide the lower edge of tiles or roof cladding. If a gutter, including high fronted gutters, overflows, it can result in water flowing back into the roof or building. If this occurs over a prolonged period it can permanently damage the internal structure and must be avoided.

Installation Requirements

In NSW, all stormwater and drainage works must, by law, comply with the NSW Code of Practice for Plumbing and Drainage. The code requires that all guttering be designed and installed in accordance with Australian/New Zealand Standard (AS) 3500.3 sections 3, 4 and part 5. Compliance with this standard will meet the relevant requirements of the BCA.

Manufacturer’s installation instructions are only a guide and do not overrule the need for the installation to comply with with AS 3500.3.

Where the installation is the replacement of an existing guttering system, care needs to be taken to ensure the new system complies with current Australian Standards and the BCA.

Prevention Measures

Where a gutter overflow can cause water to flow back into a building, including into the eaves, sufficient overflow measures must be included in the design and installation of the guttering system. The installer is responsible for ensuring the gutter system has sufficient drainage, downpipes and adequate overflow measures for the expected rainfall in the area.

The following are examples of continuous and non-continuous overflow measures that may be used in combination with each other to meet the relevant requirements.

Continuous Overflow Measures

Gutter compliances for continuous over-flow measures

Gutter compliances for continuous over-flow measures

Non-continuous overflow measures

Gutter compliances for non continuous over-flow measures

 

Other non-continuous measures include the use of rainwater heads with slots or weirs.

Slotted gutters may also provide an overflow measure, however the slots must be of sufficient size. It is recommended that the gutter manufacturer be consulted on this.

It is important to note that gutters may become blocked anywhere along their length, so non-continuous overflow measures may not be sufficient to prevent water flowing back into a building.

Information provided by the Office Of Fair Trading. FEB- 2009
The NSW Office of Fair Trading - Residential Gutters

Pilot Dispute Resolution Services for builders and tradespeople

From 1 March 2009, under a new pilot program, licensed builders and tradespeople will be able to access Fair Trading's free dispute resolution services if a dispute occurs with a consumer over a residential building issue.

Trader to trader home building disputes will continue to be handled by the Tribunal.

If you have any questions about this new service for licensees, call Norm Foster on 4702 5339 or contact us at the email address below:
foundations@oft.commerce.nsw.gov.au

 

Have your say at the NSW Office of Fair Trading

The Office of Fair Trading is currently re-writing the Home Building Act. As part of the review process, we have developed an online survey and invite all licensees to participate in the re-write of the Act by completing the survey. Go to the Home Building Act consultation page on the Fair Trading website link below to have your say.

Comment on proposed Legislation

 

New Home Warranty Insurance Provisions (close article)


The Home Building Act currently requires builders contracting for residential building work worth more than $12,000 to take out home warranty insurance cover. Claims under the scheme can only be lodged by a consumer when a builder becomes insolvent, dies or disappears. Where a contractor fails to comply with a money order issued by a Tribunal or court, the homeowner must take legal action to enforce the order or have the contractor made insolvent. This has forced some families to spend time and money taking court action.

The changes taking effect on 1 April 2009 will strengthen the protection provided to consumers under the home warranty insurance scheme.

Any builder failing to comply with a monetary order of a court or the Consumer, Trader and Tenancy Tribunal within 28 days will have their licence automatically suspended. Builders who have their licences suspended could also face disciplinary action, ranging from fines through to permanent disqualification.

The new laws give consumers access to home warranty insurance when the licence of a contractor they are using is suspended. This will reduce delays in getting homes completed or defective work rectified because insurance claims can be made more quickly.

The Home Building Amendment Bill 2008 was passed by both houses of the NSW Parliament in November 2008.

www.fairtrading.nsw.gov.au

 

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