Building WOF not compliant? It could cost you $50,000

Whether you’re staying in a hotel, working in an office block or shopping in your local mall, you probably don’t think too much about building safety. And if you do think about it – ‘I hope this lift doesn’t break down (while I’m in it), do the fire extinguishers work, why is there a strange smell coming from the ceiling vents’ – you dismiss the thought because, surely, it is safe.

Well, yes, and no.

In May last year, a fire at a multi-storey boarding house in central Wellington claimed five lives. It spread rapidly, and investigations revealed that while the building had a current Building Warrant of Fitness (BWoF), there were deficiencies, like the absence of sprinkler systems and non-functioning smoke detectors.
The New Zealand government has taken several steps to tighten building safety regulations. One key action is increased penalties for building owners who fail to provide or maintain their BWoF.

The BWoF covers everything in the building, including air conditioning, lifts, fire systems, and emergency lighting. It must operate to the required standards set by New Zealand and Australian standards. Each aspect of the building infrastructure and services must have its own certification to prove it is up to date with the required maintenance and servicing schedule. For air conditioning, there are strict maintenance schedules that must be followed, often requiring monthly or quarterly checks.

What exactly is a BWoF?

It’s an annual certificate issued by an Independent Qualified Person (IQP) that verifies that all the building’s safety systems meet the Building Act and Building Code requirements.

Building owners are responsible for ensuring their buildings comply with these regulations, with greater financial penalties for non-compliance:

  • Not obtaining a compliance schedule from your Council – this lists a building's specified systems and how to keep them in good working order to meet regulatory standards.
  • Not providing the council with an annual BWoF.
  • Not displaying your BWoF in a place where it can be clearly seen by people entering the building.
  • Displaying a false or misleading building warrant of fitness.

If a building owner doesn’t comply with the above, they could be liable for fines up to $20,000 and an additional $2,000 for every day there’s no compliance schedule.

Suppose a provider cannot meet the required standards or complete the scheduled maintenance on time. In that case, they may be issued with a downgraded certificate, which can affect insurance cover and building safety.

Independent and qualified

One of the most significant penalties for non-compliance is failing to appoint an Independent Qualified Person (IQP) who is registered with the Council and can certify that a building is up to date with its annual BWoF certificate requirement. If a building owner fails to do this, they may be fined up to $50,000. Additionally, if a building is found unsafe or non-compliant, the building owner may be required to make repairs or upgrades at their own expense.

IQPs are required to maintain their certification and re-apply to ensure their status. This is important for them to stay updated on relevant regulations. Additionally, IQPs must submit their service certifications (e.g., for air conditioning) before the BWOF renewal date.

Helping you stay aware

Building owners face a major challenge in staying updated with developing regulations, which can often seem confusing and overwhelming. White’s Project Manager, Mike Upton, is a registered IQP for air conditioning systems, and understands the pressure these changes can put on facility managers.

As compliance demands rise, Mike helps our clients navigate these changes efficiently and effectively. His proactive approach saves time, reduces stress, and prevents potential regulatory breaches. He helps clients avoid fines, insurance issues, and safety concerns by ensuring adherence to inspection deadlines and maintaining high standards. He strongly supports heightened accountability in the industry and adds value by assisting White's clients in meeting these expectations.

By going above and beyond regular maintenance briefings, he identifies potential compliance risks, even if they fall outside his immediate scope. For example, he once alerted a client to non-compliant areas in their tenants' space, even though it wasn't part of his inspection briefing. This proactive approach helped the client address these issues pre-emptively.

In an era of tightening regulations and increased accountability, partnering with experts like Mike is invaluable. Building owners can focus on their core business while confidently meeting required standards.

Don't let complex regulations overwhelm you. Contact White today to learn how Mike can help you meet and exceed regulatory standards.

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