Normally an owner can decide when a building can be occupied but if your building is open to the public, whether free of charge or by payment, the building can’t be used or occupied until a Code Compliance Certificate (CCC) is issued.
In certain circumstances you might be able to apply for a Certificate for Public Use (CPU), that will let a building or part of a building be used before the CCC is issued. Each application will be considered on a case-by-case basis.
What are public premises?
Any building that is open to the public whether it’s for free or for a payment, this includes:
- shopping malls;
- camping grounds
- visitor accommodation garages and workshops;
- funeral homes;
- office and retail complexes; and
- rest homes
What is a Compliance Schedule (CS)?
A Compliance Schedule is a document issued by the building consent authority for buildings that have specified systems. Specified systems include:
- automatic systems for fire suppression;
- automatic or manual emergency warning systems for fire or other dangers;
- cable cars
- emergency lighting systems
- laboratory fume cupboards
- smoke control systems
- other fire safety systems or features (systems for communicating information intended to facilitate evacuation, final exits, fire separations, signs);
- emergency power systems for, or signs relating to, a system or feature specified for any of the above
- mechanical ventilation or air conditioning systems
- electromagnetic or automatic doors or windows;
- escape route pressurisation systems
- riser mains for use by fire services
- automatic back-flow preventers connected to a potable water supply
- building maintenance units providing access to exterior and interior walls of buildings
- lifts, escalators, travelators, or other systems for moving people or goods within buildings
- audio loops or other assistive listening systems
A CS must be kept on site and be available for building officers, Independent Qualified Persons (IQP’s) and authorised agents.
What is a CS Statement?
A CS statement is issued by the building consent authority and is a temporary notification of CS requirements. It will list the inspection, maintenance and reporting procedures needed to keep the specified systems in good working order. It is issued at the same time as the Code Compliance Certificate (CCC). It must be replaced in 12 months with a Building Warrant of Fitness (BWOF), which is issued by the building owner.
How do I get a CS?
A CS must be applied for at the same time as a building consent and will be issued with a CCC by the BCA for:
- new buildings (if the building has one or more specified systems); or
- an upgrade to an existing building or systems, required as a result of a change of use or alterations, which may also require a building consent.
When applying for a CCC for a building that contains specified systems you should attach to the application relevant certification for the specified systems as well as details of the specified systems and plans showing specified system locations and or layout.
Your architect/designer should provide you with information relating to the performance standards for each specified system contained within the building at the time the application for building consent is made. The performance standards will identify the inspection, maintenance and reporting procedures required for each system. The appropriate forms are available from the Invercargill City Council website »
You can be prosecuted for not obtaining a compliance schedule or if your building warrant of fitness has expired. Depending on the alleged offence, the fine ranges from $20,000 to a maximum of $200,000.
What is a Building Warrant of Fitness (BWOF)?
A BWoF, (Form 12), is a statement issued every year on the anniversary of the CS being issued by the building owner to Council saying that the requirements of the CS have been fully met.
The BWoF must have all the certificates of compliance issued by the Independent Qualified Person (IQP). These documents must be issued in the prescribed form (Form 12A) and certify that the inspection, maintenance and reporting procedures in the CS, have been fully complied with over the previous twelve months.
You are legally required to get written reports relating to the inspection, maintenance and reporting procedures of the CS which must be signed by the IQPs, or LBPs who carried out any of the listed procedures, (inspection, maintenance or reporting). You have to keep all the reports together with the CS for two years and produce those reports for inspection when required.
An IQP is a person who is qualified to carry out any performance inspection, maintenance, reporting or recommendation on a specified system. All IQP’s are required to be registered with Council.