Guidance to assist the development of temporary accommodation to house workers in greater Christchurch - September 2012

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Guidance to assist the development of temporary accommodation to house workers in greater Christchurch - September 2012
Guidance to assist the development
of temporary accommodation to house
workers in greater Christchurch
September 2012
Guidance to assist the development of temporary accommodation to house workers in greater Christchurch - September 2012
Contents

Introduction ........................................................................................................................ 1
Purpose and Scope............................................................................................................ 2
Regulatory Context ............................................................................................................ 3
  The Building Act 2004 ...................................................................................................... 3
  The Building Code ............................................................................................................ 3
  Compliance paths............................................................................................................. 4
Context for Greater Christchurch Rebuild....................................................................... 5
  What is worker’ temporary accommodation? ................................................................... 5
Key Considerations ........................................................................................................... 9
  Life and use of building................................................................................................... 10
  Site and location ............................................................................................................. 18
  Structure and services.................................................................................................... 19
Streamlining the Building Consent Process ................................................................. 27
  Consider MultiProof ........................................................................................................ 28
  Consider CodeMark........................................................................................................ 29
Appendix A: Resources................................................................................................... 32
Appendix B: Design Summary........................................................................................ 33
Glossary............................................................................................................................ 37

Note:
The Department of Building and Housing is now part of the Ministry of Business,
Innovation and Employment- Building and Housing Group (MBIE) which came into
existence on 1 July 2012. MBIE integrates the functions of the former Department of
Building and Housing, Ministry of Economic Development, Department of Labour and the
Ministry of Science and Innovation.

Please go to the MIBE website for more:
www.mbie.govt.nz

Use of this document:
This document is intended as a general guide to assist the design and construction of
temporary worker accommodation in the context of the greater Christchurch rebuild. It has
been issued as guidance under section 175 of the Building Act 2004. While the Building
and Housing Group has taken every care in preparing this guidance, it should not be relied
upon as establishing all the requirements of the Building Act. Readers should always refer
to the Building Act as the source document, and be aware that for specific situations or
problems it may be necessary to seek independent legal advice.

This document may be updated from time to time: for the latest version, go to
www.dbh.govt.nz
Guidance to assist the development of temporary accommodation to house workers in greater Christchurch - September 2012
Introduction

The Canterbury earthquake sequence has triggered an urgent need to expand the current
provision of available accommodation in greater Christchurch to accommodate the influx of
workers required to support the Canterbury rebuild.

This is a unique situation and special consideration needs to be given to the type of
accommodation required to ensure:

 developers do not face unnecessary roadblocks over design or consenting
 worker temporary accommodation can be provided quickly and affordably
 worker temporary accommodation is safe to occupy
 worker temporary accommodation does not have an adverse impact on local
  communities or the environment.

A significant amount of work has been undertaken to prepare district plan provisions for
workers’ temporary accommodation in greater Christchurch. These provisions will apply for
a defined period, from later in 2012 to the end of 2022. Under these district plan changes
councils apply a different approach to temporary use or temporary buildings in order not to
stall the rebuild. However, it has a number of necessary and specific controls including
where and how worker accommodation can be built or provided, requirements for on-site
management, and strategies for repurposing or decommissioning such buildings within a
set timeframe.

The Ministry of Business, Innovation and Employment’s Building and Housing Group
(Building and Housing Group) has prepared this guidance to provide further assistance for
those looking to provide worker temporary accommodation. It has been written to align the
District Plan (Earthquake Recovery Chapter ‘Workers’ Temporary Accommodation for the
greater Christchurch rebuild’) provisions1. The Building and Housing Group has consulted
with the Canterbury Earthquake Recovery Authority (CERA), councils and potential
suppliers to identify any potential stumbling blocks or difficulties in interpreting and
applying New Zealand’s building legislation in this context. As the rebuild progresses, this
guidance may be added to in order to provide an increasingly useful resource for all those
involved.

    Example of temporary worker accommodation

1
  Enabling legislation- The Canterbury Earthquake Recovery Act 2011. District Plan provisions provide for workers’
temporary accommodation in certain areas of Christchurch City and the Waimakariri and Selwyn Districts.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch               1
Purpose and Scope

This guidance is intended to facilitate activities which promote the greater Christchurch
rebuild. In particular, it should help key audiences to:

 understand some of the critical Building Act and Building Code requirements for worker
  temporary accommodation, and
 assist in streamlining the design and consenting process.

This guidance is mainly for building practitioners (designers, builders, developers,
engineers and architects) and project management organisations who want to learn more
about the regulatory requirements for worker temporary accommodation. It will also be of
interest to building consent authorities, in particular, Christchurch City Council, Waimakariri
District Council and Selwyn District Council as it provides some guidance on interpreting
the legislation and the key considerations for this building type.

For the purposes of this guidance ‘worker temporary accommodation building’ means:

‘Temporary building(s), facilities and related infrastructure used for workers’ temporary
accommodation for a defined period up to 31 December 2022.’

This definition is consistent with the definition employed in the greater Christchurch District
Plan provisions for ‘Workers’ Temporary Accommodation for the greater Christchurch
rebuild’.

This guidance highlights some areas where a greater degree of flexibility may be
appropriate, given that worker accommodation is likely to be temporary and is primarily
intended for a specific group of people (ie construction workers and support staff).

It also explains some of the compliance tools such as MultiProof (National Multiple-Use
Approval) and product certification (CodeMark) that may be employed to speed up building
consent processes for temporary worker accommodation.

This guidance complements and should be read in conjunction with the District Plan
provisions – Workers’ temporary accommodation for the greater Christchurch rebuild.
These district plan provisions contain a number of specific requirements such as maximum
life spans for any temporary buildings (these buildings are to be demolished or removed by
the end of 2022) that are also noted in this guidance.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   2
Regulatory Context

The regulation and performance of buildings sits under the following three-part framework:

 the Building Act 2004 (the Building Act), which contains the provisions for regulating
  building work
 the various Building Regulations, which contain prescribed forms, list specified systems,
  define ‘change the use’ and ‘moderate earthquake’, and set out the rate of levy and
  fees for administering various functions under the Building Act, and
 the Building Code, which is contained in Schedule 1 of the Building Regulations 1992.

The Building Act 2004
The Building Act provides the mandatory framework for the building control system to be
followed when undertaking building work in New Zealand. It applies to all:

 buildings including Crown buildings, except those which may be exempt for reasons of
  national security, and
 components in a building, including plumbing, electrical, mechanical installations and
  life-safety systems.

The Building Code
The Building Code is contained in Schedule 1 of the Building Regulations 1992. It sets out
performance criteria that building work must meet in New Zealand. It covers aspects such
as structural stability, access, moisture control, durability, services and facilities, protection
from fire and energy efficiency.

The Building Code does not prescribe how work should be done, but states how
completed building work and its parts must perform. One advantage of having a
performance-based Building Code is flexibility. It does not contain prescriptive
requirements or stipulate that certain products or design methods must be used, which
provides for developments and innovation in building design and technology.

Note:
The purposes of the Building Act include setting performance standards to make sure
people using buildings can do so safely and without endangering their health, and that
they can escape if the building is on fire.

However, having a performance-based Building Code does allow for innovation. The need
for worker temporary accommodation and other new buildings in greater Christchurch is
likely to prove a catalyst for this.

All ‘building work’ undertaken to construct workers’ temporary accommodation must
comply with the Building Code, whether or not a building consent is required.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   3
Compliance paths
Compliance with the Building Code can be demonstrated using the following pathways:

 Acceptable solutions
 Verification methods, or
 Alternative solutions.

Understanding the New Zealand building control framework will help a building consent
applicant decide which path is most suitable when designing and constructing building
work. The applicant can choose which path(s) to follow.

If you follow an acceptable solution or verification method, a building consent authority
(your local council’s building control unit) must accept this as meeting the performance
requirements of the Building Code. Following another pathway (an alternative solution) will
normally require additional evidence to illustrate Building Code compliance has been
achieved.

Note:
It is important that practitioners (architects and designers) provide quality documentation
that clearly demonstrates Building Code compliance. Quality building consent
documentation along with a pre-application meeting and a detailed design brief will help
ensure the building consent process is much smoother.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   4
Context for the Greater Christchurch
Rebuild

What is worker’ temporary accommodation?
Workers’ temporary accommodation for the greater Christchurch rebuild can be provided
in a number of ways. The building type (whether temporary or permanent) will have a
direct bearing on the various regulatory requirements to obtain a building consent.

While some workers will be able to live in permanent accommodation, there is likely to be
high demand for temporary units, especially for the construction sector, over the next five
to ten years.

The District Plan provisions identify temporary accommodation as:

 Temporary use of permanent buildings that is discontinued by 31 December 2022.
   These buildings are either:
    accommodation use: existing or new buildings that can be used after the rebuild for
     accommodation, eg, motels, student hostels or retirement villages, or
    non-accommodation use: these could be existing or new commercial or industrial
     buildings considered suitable for short-term use as workers’ accommodation or part
     of a workers’ accommodation complex (these will need additional, case-by-case
     approval from the council)
 Temporary buildings that must be removed by 31 December 2022.

Note:
If you are proposing the temporary use of permanent buildings for workers’
accommodation, you will also need to provide on-site management.

The District Plan provisions further defines a ‘workers' temporary accommodation unit’ as
a temporary building and related infrastructure used for workers' temporary
accommodation for no more than four people operating as a household unit with shared
facilities.

‘Workers' temporary accommodation complex’ means temporary building(s) and facilities
and related infrastructure used for workers' temporary accommodation for five or more
people, either in a single unit or in two or more units on the same site. This complex may
include provision of communal facilities, such as dining and recreation.

The guidelines accompanying the District Plan provisions has also suggested where
communal facilities are provided (eg, cooking, dining, showers or recreation), individual
units can be small, for example a floor area of 14m² may be appropriate. Where units are
completely self-contained, individual units should be larger, to provide more living space
within each unit.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   5
The District Plan provisions recognise that workers’ temporary accommodation is a short-
term building use for a specific need, and therefore should not be expected to meet all the
usual RMA and District Plan standards. However, it does have some standards for
temporary buildings relating to:

 the location suitability, size and scale of buildings and complexes
 site layout and building design, including setbacks from neighbours and parking
 on-site management and operation: note that all temporary accommodation must have
  on-site management to minimise any adverse affects on the neighbourhood and to
  provide services to the occupants, and
 decommissioning of buildings.

   Example of tiered modular temporary accommodation

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   6
Note:
The District Plan provisions define ‘temporary’ to mean until 31 December 2022 and
‘permanent’ to mean any longer period.

The words temporary and permanent are not defined as such in the Building Act, although
a ‘building’ means ‘any temporary or permanent movable or immovable structure’ (section
8). However, the Building Act does have provisions for the ‘specified intended life’ of a
building, which can be less than the regular 50+ year building life (see specified intended
life on page 10 for more details).

Therefore, if you want to provide temporary accommodation to support the greater
Christchurch rebuild, you must nominate a specified intended life for your building and that
life should align with District Plan requirements and end date of before 31 December 2022.

Some possible scenarios for worker’ temporary accommodation are outlined below:

 conversion of an existing commercial building to temporary worker accommodation (this
  will almost certainly require notification of ‘change of use’ to the Council)
 modular units transported to site to create a new grouping of accommodation buildings
 purpose-built hotel utilised for temporary worker accommodation for the first 10 years of
  its life
 relocation of existing buildings to provide temporary worker accommodation
 a combination of the above.

   Example of grouping of modular accommodation buildings

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   7
Examples of purpose-built modular accommodation units prior to moving on site

Note:
One option for workers’ temporary accommodation could be to provide modular units, as
these can be relatively quick and cheap to produce and transport to a suitable site, as well
as easy to relocate after the rebuild. These could be grouped around communal facilities
such as a cafeteria, lounge, recreation centre and laundry.

Making use of existing buildings (with Council permission for this short-term use) is
another option, as there are a number of currently disused facilities such as warehouses,
schools and commercial buildings in Canterbury. These could house an entire workers’
complex or perhaps just the communal facilities, with the accommodation units sited
separately.

Who are the workers?
The potential occupants of this temporary accommodation are expected to be people
employed in the construction sector or related professional or service sectors. Because of
the manual nature of this work these people are expected to be predominantly able-bodied
construction and support workers. The buildings occupants will have a direct bearing on
the overall design-strategy for establishing Building Code compliance. These aspects are
covered in greater detail in the following section of this guidance document.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   8
Key Considerations

Some of the key considerations for workers’ temporary accommodation are discussed
below. This section also explains some of the relevant building legislation, and highlights
potential stumbling blocks and concerns identified by local councils, CERA and potential
accommodation providers.

At the end of each section there are references to relevant sections of the Building Act
2004 and to Building Code performance requirements (useful notes are provided in the
grey text boxes, while orange boxes offer some links to handy resources (unless otherwise
stated, these are Building and Housing Group guidance documents). If in doubt, please
refer to the full wording of the legislation for final guidance.

The key considerations include the following:

 Life and use of the building:
    specified intended life
    classified uses and change of use
    additions and alterations
    waivers and modifications of the Building Code
    determinations
 Site and location:
    natural hazards (including waivers and modifications)
    seismic considerations
 Structure and services:
    durability and materials
    structure
    protection from fire
    access and facilities for people with disabilities
    other amenities and services (including specified systems)

              Example of a large scale rural workers’ camp

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   9
Life and use of building
Specified intended life
In order to address the factors affecting the performance of buildings over time, designers
should consider the period of time the building is likely to exist. If a building has been
designed to be used for a temporary purpose, the Building Act allows that building to be
assigned a ‘specified intended life’. In the Building Act the ‘life’ of a building generally
means an indefinite length of time, but not less than 50 years. However, where a building
is to be used for a specific purpose for a limited period the intended life may be specified.

The intended life of a building is the length of time a building is being used for a nominated
purpose. This may be different from the ‘actual life’ of the building, which is the length of
time the building exists as a physical object. Buildings may be removed, demolished or
repurposed at the end of their specified intended life. Figure 1 below illustrates how the
specified intended life provisions are applied.

It is important to note that it is the building which is assigned a specified intended life and
not a building element or system (such as a wood burning appliance, cladding system or
structural component). Furthermore, building elements do not have to satisfy a durability
performance exceeding the building’s specified intended life (this is clarified under Building
Code sub-clause B2.3.1 – limits on application).

Figure 1: Specified intended life timeline

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   10
Note:
The specified intended life means the period of time stated in a building consent (or
consent application) that you plan to use a building for its intended use. The building itself
may not necessarily be demolished at the end of its specified intended life but might be
removed or adapted.

So, in respect of workers’ temporary accommodation, the building consent application can
state that the specified intended life is for, say, 10 years (or any lesser period, as long it
extends no later than 31 December 2022).

Where a building is intended to have a life of less than 50 years, you must state its
intended life in your building consent application2. The clock starts ticking on the specified
intended life from the day your building consent is issued.

Only a Council can grant a building consent for a building with a specified intended life.
This will be on the condition that the building must be altered, removed or demolished
before the end of its specified intended life. The Council may consider it appropriate to add
other conditions under section 113(2)(b) of the Building Act. Such conditions might relate
to clearly defining which building(s) on a given site are subject to the removal, demolition
or alterations provisions. A building consent is for building work and may encompass a
number of different buildings that may or may not be subject to a specified intended life.
No condition is required where a building is intended to have a life of 50 years or more.

If your building consent has been issued subject to the condition that the building must be
altered on, or before, its specified intended life (imposed under section 113(2)(a)) of the
Building Act), you cannot extend the life of this building without written consent from the
Council. The Council can only give its consent if it is satisfied that the building has been
altered in accordance with the condition and that it will comply with section 112 (Alterations
to existing buildings) which is a requirement of (section 116(3)).

This effectively means that the building will have to be reassessed for compliance (as
nearly as is reasonably practicable) for means of escape from fire and for access and
facilities for persons with disabilities. Figure 2 (page 13) outlines some of the key
considerations regarding the specified intended life provisions of the Building Act.

Note:
It is important that practitioners, developers and councils understand the specified
intended life provisions of the Building Act, particularly in the worker’ temporary
accommodation context. This will enable developers to work through the economic and
financial viability of their proposed accommodation model. It will also enable the Council
to give approval to Building Code compliant buildings for a specified period of time, which
can be removed, repurposed or altered, demolished and/or recycled.

2
  An applicant must enter the specified intended life on their building consent application. It should be nominated in the
project particulars section of prescribed (Form 2)-building consent/ PIM application of the Building (Forms) Regulations 2004.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch                      11
The District Plan provisions for workers’ temporary accommodation require a project to
have a decommissioning or change of use strategy so the council is made aware at the
beginning of the project. This strategy may also assist the council for building consent
purposes in clarifying the intended life of the building and the proposed ‘end use’ of the
building following the expiry of its specified intended life.

   Example of stacked modular units which are to be repurposed after 10 year specified
   intended life.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   12
Figure 2: Key considerations for applying specified intended life to a building

                                                       Design brief

                                              Utilise a design brief to clearly
                                                communicate the proposed
                                               design methodology (eg, the
                                              building may only be designed
                                               to meet clause B2.3.1 of the
                                                       Building Code)

                                                                                  Future planning for
                                                                                  building
                Extend life of building

                                                                                  Designers should consider
                  The building must be                                            what the building’s end-use
               reassessed for compliance                                          will be once the specified
               (as nearly as is reasonably            Specified
                                                                                  intended life is realised. A
                practicable) for means of           intended life                 future plan should be in
                 escape from fire and for            of building                  place for the building - is it
                access and facilities. Plus                                       to be removed, demolished
                  any other applicable                                            or altered and adapted for a
                  conditions set by the                                           new use?
                        Council.

                                                  Clearly define life and
                                                 primary use of building

                                                  Clearly define specified
                                                  intended life and use at
                                                     the pre-application
                                                   meeting and within the
                                                      building consent
                                                       documentation

Also see:
 S112 Alterations to existing buildings
 S113 Buildings with specified intended lives
 S114 Owner must give notice of change of use, extension of life, or subdivision of
  buildings
 S116 Code compliance requirements: extension of life

 Clause B2 Durability ‒ B2.3.1 limits on application

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch             13
Classified uses and change of use
Establishing the use of the building or buildings you plan to alter or construct for temporary
workers’ accommodation - as well as any later use you might put these buildings to is
important as it determines what Building Code performance requirements they will have to
meet.

The classified uses are listed in clause A1 of the Building Code. There are seven types
and they too have various subcategories. These uses are largely determined by:

      ‘The building’s physical configuration and attributes, and/or the plans and specifications
      for proposed building work, not only the particular function that an owner may be using
      a building for at any particular point in time’3

Note:
Temporary workers’ accommodation buildings are likely to have the classified use:
‘communal residential – community service’. This classification covers residential buildings
or uses where limited assistance or care is extended to the principal users. Examples
include hostels, hotels and work camps.

If you want to change the use of all or part of a building; for example, by altering an
existing building to provide temporary accommodation or by repurposing it at a later date,
you will need to refer to a different set of definitions for building use. These are specified
in Schedule 2 of the Building (Specified Systems, Change the Use, and Earthquake-prone
Buildings) Regulations 2005.4 These uses are divided into four activity groups: crowd
activities; sleeping activities; working, business or storage activities; and intermittent
activities. Each of these also have various subcategories.

3
 DBH Determination 2011/69, 12 July 2011 refers: www.dbh.govt.nz/UserFiles/File/Building/Determinations/2011/2011-
069.pdf

4
    Link to Regulations: www.legislation.govt.nz/regulation/public/2005/0032/latest/DLM313966.html

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch               14
If you want to change the use of your building (and its new use is more onerous than the
old use with respect to Building Code compliance) then, you must give written notice to the
Council and you will need to meet the change of use provisions in the Building Act (section
115), which is one of the mechanisms used to gradually upgrade existing buildings to
current standards5. The change of use provisions are also there to ensure a building is
appropriate for its proposed use and any consented building work made during a change
of use meets current Building Code requirements (and does not reduce Building Code
compliance for the rest of the building).

As these provisions have not always been well understood or correctly applied by the
building sector, the Building and Housing Group has prepared special guidance on them to
help with the greater Christchurch rebuild (see useful resources on the following page).

Note:
Under the Building (Change the Use) Regulations 2005 temporary workers’
accommodation is likely to be classified as SA: sleeping accommodation, which covers
spaces providing transient accommodation, or where limited assistance or care is provided
for people.

    Example of a commercial office building which is intended to be used as temporary
    worker accommodation for a specified period (note: change of use notification to the
    Council almost certainly necessary in this case).

5
 With respect to means of escape from fire, protection of other property, sanitary facilities, structural performance, fire-rating
performance and access and facilities for people with disabilities.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch                          15
Also see:
 S114 Owner must give notice of change of use, extension of life, or subdivision of
  buildings
 S115 Code compliance requirements: change of use
 Building (Specified Systems, Change the Use, and Earthquake-prone Buildings)
  Regulations 2005
 Clause A1 (Building Code) Classified uses

Useful resources:
Change of Use: Meeting the requirements under section 115 of the Building Act 2004, a
guide for Christchurch City Council temporary business and housing relocations
www.dbh.govt.nz/canterbury-earthquake-change-of-use

Additions and alterations
If you plan to alter or repair any existing buildings, remember that this is regarded as
building work and must comply with the Building Code, whether or not a building consent
is required.

Alterations (which, by definition, include repairs and rebuilding) also trigger section 112 of
the Building Act. This means that if alterations require a building consent, a Council must
not grant that consent unless it is satisfied that, after the alterations, the building will:

 comply ‘as nearly as is reasonably practicable’6 with the Building Code provisions
  relating to means of escape from fire, and to access and facilities for persons with
  disabilities in certain buildings, and
 continue to comply with the other provisions of the Building Code to at least the same
  extent as before the alterations.

Note:
‘Alter’, in relation to a building, includes to rebuild, re-erect, repair, enlarge, and extend the
building.

However, a Council can give written notice allowing for your alterations even if the altered
building does not satisfy some aspects of the Building Code. You must satisfy them that
the work would not go ahead otherwise, and that the alterations would either improve
means of escape from fire or improve access and facilities for persons with disabilities,
and that these improvements would outweigh any shortcomings in meeting other Building
Code requirements (Section 112(2) refers).

Also see: S112 Alterations to existing buildings

6
  This is often expressed using the terms ‘sacrifice and benefits’, which is further discussed at this
link: http://www.dbh.govt.nz/codewords-19-article-6

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Waivers and modifications of the Building Code allow Councils to exercise judgement
when dealing with unusual Building Code compliance situations. The bullet points below
outline the key requirements of waivers or modifications of the Building Code:

 A Council that grants a building consent subject to waiver or modification of the Building
  Code must notify the Building and Housing Group
 A waiver or modification of the Building Code may be subject to any conditions the
  Council considers appropriate
 A Council cannot grant an application for building consent subject to a waiver or
  modification of the Building Code relating to access and facilities for people with
  disabilities
 A request for a waiver or modification of energy work must be forwarded to the Building
  and Housing Group for a decision
 An alternative solution is not a waiver or modification of the Building Code.

Also see:
S67-69 Waivers and modifications

Determinations
Determinations provide a means of appeal for disputes about decisions made by a council
or about Building Code compliance. If an owner, designer, or another affected party do not
agree with a council’s decision they may seek a determination from the Building and
Housing Group. A determination is a binding decision made by the Building and Housing
Group under the Building Act. It provides a way of solving disputes or questions about the
rules that apply to buildings, how buildings are used, building accessibility and health and
safety. Information is available on the Building and Housing Group’s website
www.dbh.govt.nz/determinations

Also see:
S176-190 Determinations

Useful resources:
Determinations 2008/111
www.dbh.govt.nz/UserFiles/File/Building/Determinations/2008/pdf/2008-111.pdf

www.dbh.govt.nz/determinations-about-determinations

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   17
Site and location
Natural hazards

In some cases, the Canterbury earthquakes have changed land contours to the point that
new areas are now subject to flooding. In other cases, the land may be no more flood-
prone than previously. Therefore construction work or any repairs to earthquake-damaged
buildings may trigger consideration of the natural hazard provisions in the Building Act. If
notification of a natural hazard is recorded on the land’s certificate of title it can affect the
property’s value, the owner’s ability to get insurance, and the Earthquake Commission’s
obligation to insure the property.

Where a building is going to be used for a limited time it might be reasonable for an
applicant to request a waiver in respect of a natural hazard7 such as flooding (in this case
a waiver would apply to a sub-clause in E1-Surface Water of the Building Code). Waivers
and modifications allow a council to exercise judgement when dealing with unusual
building compliance situations and where discretion may be appropriate. As with the
specified intended life provisions of the Building Act a council may impose additional
building consent conditions with respect to a waiver/modification or natural hazards.

Councils are the repository for information about natural hazards. A project information
memorandum (PIM) is a useful document that will highlight these and other site specific
issues (see page 30 for further information about PIMs).

Also see:
S71-74 Limitations and restrictions on building consents: Construction of building on land
subject to natural hazards

Useful resources:
The council is the repository for information about natural hazards. Flooding, rock fall and
other hazards are captured in the council’s geographical information system (GIS).

7
    Refer to sections 67 and 72(c) of the Building Act.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   18
Seismic considerations
It is no secret that greater Christchurch continues to be a seismically active region so
designers should strongly consider using the building methods and systems that offer a
lower potential for building failure. Some basic principles apply in order to reduce the
impact of earthquakes on buildings, some of which include:

 Using light-weight materials such as timber or steel framing for structural elements or
  utilising long-run metal sheeting or sandwich panel assemblies for roof and wall
  claddings
 Regular structural plan shapes are preferable to more complex plan shapes
 Service connections should allow for sufficient tolerances to accommodate seismic
  movement. The Building and Housing Group recently introduced a new Verification
  Method (B1/VM1) for the seismic performance of engineering systems in buildings
  (incorporating NZS 4219:2009). This Verification Method provides information about
  seismically restraining building services, specified systems and building plant
 Providing suspended floor foundations facilitates simple repair, maintenance of
  structures and allows for ease of removal
 Consider the affects of adjacent buildings if building on a tight site or in a built-up area
  eg, ‘pounding effect8’ could be an issue on tight sites where there is little boundary
  clearance between structures.

Also see:
Clause B1 of the Building Code
Useful resources:
Verification Method B1/VM1- NZS 4219:2009

Structure and services
Durability and materials
All building materials, components and construction methods must be sufficiently durable
for your building to meet the Building Code’s performance requirements throughout its life
without needing any major repairs or reconstruction. However, if the building has a
specified intended life, its durability performance does not need to exceed this life.
Therefore, those building elements which are usually required to last at least 509 years
(eg, structural elements, and those which are difficult to access and replace), at least 15
years (eg, those building elements which are moderately difficult to access and replace),
or at least five years (eg, easily accessible services and fixtures) are not required to satisfy
durability performance measures which exceed the building’s specified intended life.

8
    Pounding between closely spaced building structures can be a serious hazard in seismically active areas.

9
 See table 1 (page 17) of B2/AS1 for further information about building element durability requirements-
www.dbh.govt.nz/compliance-documents#b2

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch         19
Note:
In the context of the greater Christchurch rebuild, all workers’ temporary accommodation
must be removed or repurposed by 31 December 2022 under each council’s district plan
requirements. That means that buildings are not likely to have a specified intended life of
more than ten years, so the durability performance required of its building elements can be
considered accordingly.

Structure
It is envisaged the vast majority of buildings designed specifically for workers’ temporary
accommodation will be undertaken by licensed building partitions (LBPs). These designs
will fall into one of two categories:
1. those using a compliance document (an acceptable solution or verification method) to
   demonstrate structural compliance, or
2. those using an alternative solution pathway.

Either way the means of compliance should be clearly documented in the building consent
application and in the design summary.

If the design is for a building with a specified intended life, it may be possible to provide a
structural analysis that uses modified loadings which are appropriate for the specified
intended life of the building in order to comply with the requirements of Building Code
clause B1 Structure. Also, under the Building Code clauses C1-C6 (Protection from fire),
introduced in April 2012, materials used for internal surface linings must satisfy specific
requirements.

Also see:
 Clause B2 Durability – and note B2.3.1 Limits on application
 Clauses C1-C6 Protection from fire
Useful resources:
Codewords publication 39- B2.3.1 guidance
www.dbh.govt.nz/codewords-2009-issues#issue39

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   20
Protection from fire
Making sure people can escape from buildings in case of fire is one of the main purposes
of the Building Act. Even though temporary workers’ accommodation is intended to be
relatively short-term and for a specific need, there are no short-cuts to ensuring people’s
safety – especially when it comes to fire.

The building consent application will need to include a fire design report. It is best practice
for your fire design to comply with the new Building Code clauses C1-C6 Protection from
fire, which were introduced in April 2012 and either follow the applicable acceptable
solution(s) (C/AS1 to C/AS7), which apply to simple buildings without complex features or
systems, or the new verification method C/VM2. All building consent applications made
from 10 April 2013 must take the new compliance pathway10.

Your fire design report must address such issues as fire separations (vertical and
horizontal) for each accommodation unit, emergency warning systems, means of escape
(particularly from upper floors), visibility in escape routes and exit signage.

The fire design report should also be written in accordance with IPENZ’s practice note 22
as well as this guidance. You can see a sample report in Appendix 1 of the Building and
Housing Group’s commentary document on acceptable solutions C/AS1 to C/AS7.

     Example of egress route from temporary accommodation units

10
   Until 9 April 2013 it is permissible to use the ‘old compliance framework’, that is, Building Code clauses C1-C4 Fire safety
with either C/AS1 or an alternative solution.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch                        21
Note:
If you are planning to provide modular accommodation units, bear in mind that each room
must be fire-separated from adjacent units – both horizontally and vertically. If you are
planning a multi-level building, note that this will mean more onerous requirements for
means of escape from fire. Any means of escape (eg, outside stairs or walkways) must be
also be fire-separated from accommodation units.

Whether or not you need to provide heat detectors, sprinklers, emergency warning
systems and the like may depend on whether you are following the acceptable solutions or
verification method to show Building Code compliance.

To follow the acceptable solutions C/AS1 to C/AS7, you will first need to establish the risk
group(s) for all activities carried out in the building to determine which to use. These risk
groups are defined at the start of these documents: each risk group has an associated
acceptable solution.

 If a firecell (a space in a building that is fire-separated from all other spaces) has more
  than one risk group, the one with the most onerous fire safety requirements is
  considered the primary risk group and its associated acceptable solution is the one to
  follow.
 If a building has more than one firecell and those firecells have different risk groups,
  then you will need to follow more than one acceptable solution. For example, a building
  may contain office space (designed to C/AS5) and carparking (designed to C/AS7). The
  risk group with the most onerous requirements, with respect to sprinklers and
  emergency warning systems only, will dictate what is required to be installed throughout
  the building
 If there are two or more buildings in a complex and they have different risk groups, then
  you will also need to follow more than one acceptable solution (i.e. the ones
  corresponding to each risk group).

Note:

If you are providing campus-type accommodation for workers ‒ i.e. in a group of buildings‒
and these buildings have different risk groups, then you only have to meet the protection
from fire requirements appropriate for each building’s risk group rather than having to meet
the most onerous requirements (which are usually for sleeping accommodation) for the
entire campus.

For example, you might have one or more accommodation blocks plus a separate building
with communal facilities such as a cafeteria and lounge. The accommodation blocks might
be risk group SM and so you could follow the acceptable solution C/AS2 for these. The
communal facilities building could be risk group CA, which links with the acceptable
solution C/AS4.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   22
Also see:
Clauses C1-C6 (Building Code) Protection from fire, F6 Visibility in escape routes, F7
Warning systems and F8 Signs
Useful resources:

IPENZ Practice Note #22 ‒ Guidelines for documenting fire designs
www.dbh.govt.nz/guidance-information#fire-safety

Commentary for C/AS1 – C/AS7, Commentary for C/VM2
www.dbh.govt.nz/compliance-documents#c

Access and facilities for people with disabilities
The Building Act requires certain buildings11 that are being constructed or altered to have
‘reasonable and adequate provision’ by way of access, parking provisions and sanitary
facilities for persons with disabilities who may be expected to visit or work in the building
and carry out normal activities in these building. Such buildings include hotels, motels,
hostels, boarding houses ‘and other premises providing accommodation for the public’.
The access and facilities requirements are primarily spelt out in Building Code clauses D1,
which covers movement throughout buildings, clause G1 that covers toilet and bathroom
facilities and clause G3, which deals with kitchens.

If you are altering or changing the use of an existing building, you need to comply as
nearly as is reasonably practicable with the Building Code provisions relating to access
and facilities for people with disabilities (this ‘test’ differs from that required for newly
constructed buildings). The new building work that is part of the alterations must comply
with the Building Code.

There may be opportunities for designers to utilise alternative solution pathways to
demonstrate compliance with the access and facility provisions of the Building Code. This
will require the designer to clearly demonstrate how compliance is achieved with the
relevant performance requirements of the Building Code.

The building’s use, its attributes, importance level12, lifespan and occupancy are also
important considerations that need to be taken into account as part of this analysis. For
example, it may be that particular areas or facilities are only likely to be used by ambulant
workers, whereas communal areas such as cafeterias and are more likely to be used by all
workers or visitors of the building, including non ambulant workers or visitors. It is
important to note that accommodated workers may experience injuries that could affect
their mobility. This is where the designer needs to clearly articulate how the building is
going to be used (by who, how this is managed) and the attributes of the building, so the
Council is able to accurately assess compliance with sections 112, 113, 115, 116, 118 and
119 of the Building Act.

11
   Schedule 2 of the Building Act 2004 identifies the building types that are required to have access and facilities for persons
with disabilities: www.legislation.govt.nz/act/public/2004/0072/latest/DLM309341.html

12
     See Clause A3 of the Building Code: www.legislation.govt.nz/regulation/public/1992/0150/latest/whole.html

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch                        23
If there is disagreement over Building Code compliance either affected party may choose
to seek a determination as a way forward (see page 17 for further details).

Note:
Some of the Building and Housing Group determinations also have some relevance,
including Determination 2008/111 (Access and facilities for people with disabilities to a
building providing kitchen and ablution facilities at an orchard) and Determination
2012/003 (Providing lift access in alterations to an existing building at the New Zealand
Fire Service training centre). Links to relevant determinations are provided under ‘useful
resources’ below.

Other points to consider:

 Where compliance with the Building Code is required, the acceptable solutions NZS
  4121 or D1/AS1 can be used for building design as a way of complying with the
  Building Code. The acceptable solutions may be used to provide guidance on design
  features that assist people with disabilities.
 Alternative solutions may be considered for the design of the building for access and
  facilities for people with disabilities, but must demonstrate compliance with the Building
  Code. Alternative solutions provide a pathway for different or non-generic approaches
  for compliance to be considered
 The number of accessible units required in accommodation buildings required in
  D1/AS1 and in NZS 4121 may not be appropriate for workers’ temporary
  accommodation as the numbers given are intended for hotels and motels. The number
  of accessible units in the workers’ accommodation will depend on the location of the
  building and the type of work to be undertaken by the likely occupants. Section 14 of
  the Standard, NZS 4121:2001 ‘Design for Access and Mobility – Buildings and
  Associated Facilities’, provides guidance on accessible accommodation and is also a
  means of compliance with the Building Code
 A Council cannot give waivers of the Building Code for matters relating to people with
  disabilities, but a decision on the number of units is not a waiver of the Code, it would
  be an alternative solution specific to a particular building. Additionally, under sections
  112 & 115 of the Building Act, Councils have the power to decide what upgrading of
  access should be made when a building undergoes an alteration or change of use.

Also see:
 S118 Access and facilities for persons with disabilities to and within buildings
 S119 Compliance document for requirements of persons with disabilities (NZS 4121)
 Schedule 2 Buildings in respect of which requirements for provision of access and
  facilities for persons with disabilities applies
 Also see s112, 113, 115 and 116 re building alterations, life of building and change of
  use.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   24
Useful resources:
Codewords publication issue 31:
www.dbh.govt.nz/codewords-2008-issues#issue31

Determinations 2008/111
www.dbh.govt.nz/UserFiles/File/Building/Determinations/2008/pdf/2008-111.pdf

Other amenities and services

The District Plan provisions for workers’ temporary accommodation do not state minimum
sizes for workers’ temporary accommodation but suggests individual units could be as
small as 14m² and self-contained units larger than this. However, even if buildings are only
intended for short-term use and no matter their size, they must still be safe and sanitary for
their occupants. The facility will still be required to meet minimum Building Code
requirements for the likes of ventilation (see Building Code clauses G4 Ventilation and G5
Interior environment).

Sound transmission and impact sound may also require some thought depending on the
configuration and layout of buildings (see Building Code clause G6 Airborne and impact
sound).

Artificial light and connection to the outdoors is one area of the Building Code that could be
modified somewhat given the specific needs of the building users. It is envisaged the
majority of occupants will use this accommodation primarily for sleeping purposes, that is,
they will not be spending long periods in their units during daylight hours.

As noted earlier, if multi-level buildings are provided there are extra protection from fire
requirements to meet, such as fire-separations and means of escape. If you are
considering building more than three storeys high, this could trigger a requirement to
provide lift access.

Depending on the size and scale of the workers’ temporary accommodation it will likely
require a number of specified systems such as fire sprinklers, emergency warning
systems, emergency lighting, exit signs and fire separations. These systems ensure
buildings function correctly and provide building occupants with advanced warning in the
event of a fire and/or other emergencies. It is the designer’s responsibility to provide
sufficiently detailed information about these systems with the building consent application,
to enable the council to compile (or amend) the building’s compliance schedule. This
information will need to include the proposed design methodology as well as the ongoing
inspection and maintenance requirements for all specified systems.

Note:
You can now use photo-luminescent signs (including pictograms) for identifying escape
routes, exit ways and the like under the acceptable solution F8/AS1 for signage
(introduced in April 2012). This could be a cost-effective option for temporary building
uses, as these signs do not require separate power supply or battery back-up.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   25
Examples of some components of common specified systems

Also see:
 S100-111 Compliance schedules and building warrant of fitness
 Building (Specified Systems, Change the Use, and Earthquake-prone Buildings)
  Regulations 2005) Schedule 1: specified systems
Useful resources:
Compliance schedule handbook:
www.dbh.govt.nz/compliance-documents#compliance-schedule

Owners’ responsibilities to ensure their buildings are safe to use
www.dbh.govt.nz/building-warrant-of-fitness-guide

Compliance document F8/AS1 (April 2012)

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   26
Streamlining the Building Consent Process

The Building Act is in the process of being amended to more clearly set the framework for a
stepped, risk-based building consent system where the amount of plan checking and
inspection is aligned with the risk and complexity of the work, and the skills and capability of
the people doing the work. Though this streamlined consent regime is not fully in force at
present13 there is nothing to prevent project management offices (PMOs) and other
practitioners utilising some aspects of the new structure.

Where practitioners wish to utilise innovative processes during the course of a building
consent they should discuss this with the Council at the outset (during the pre-application
stage of the consent process).

People may choose to prefabricate buildings off site or use MultiProof or CodeMark
approvals in order to streamline and speed up the building consent process. The
temporary nature of this building stock should provide for a more flexible approach to
consenting, particularly where buildings are to be removed after their limited use.

Check for any building consent exemptions
The Building Act (section 41) exempts certain minor and low-risk building work from the
requirement to obtain a building consent, while Schedule 1 contains a list of such
exemptions.

Schedule 1(k) also gives Councils the discretion to exempt other building work from
requiring a building consent. This can either be by a general approval for the building work
as long as it meets certain requirements, or by listing certain types of building work that
they will consider case-by-case.

Note:
Christchurch City Council has published a list of exemptions under Schedule 1(k) (Form B-
390) www.resources.ccc.govt.nz/files/B390ExemptionInformationSheet.pdf

The Building and Housing Group’s website also gives various examples of building work
not needing a building consent at www.dbh.govt.nz/bc-no-consent

13
     The provisions are included in the Building Amendment Act 2012, but are not yet in force.

Guidance to assist the development of temporary accommodation to house workers in greater Christchurch   27
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