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    1. QUESTION

    What you have to do

    For each of the following scenarios explain the procedure you (as a council officer unless otherwise instructed) would follow from start to finish (this is important for each question even if you think this repetitive), i.e. from first receiving the inspection request or compliance/complaint request, all the way through to finalising the inspection/certificate or the required action or resulting outcome. 

    Include all checklists/inspection forms that you would need and certificates or orders that you would issue.

    You can explain the procedure in point form and include references to the relevant legislation or the BCA.

     

    Task

    1. You are requested to carry out a steel reinforcement inspection prior to pouring a slab for a dwelling that has development approval. When you arrive you find that the footings have already been poured, however no inspection has been recorded.
      • What procedures will you follow during this inspection from the initial booking in of the inspection to finalising it?

      • What action would you take?

     

    1. You have received a complaint alleging that the work on a particular development was not carried out in accordance with the approved plans and development consent. An inspection reveals that two additional ground floor windows have been installed.  
      • What procedures will you follow during this inspection from initial booking in of the inspection to finalising it?

      • What action would you take?

     

    1. You have been requested to carry out a footing inspection for a piered slab on ground. During the inspection you notice that the rear portion of the property beyond the footprint of the dwelling has been excavated to level the site.  This excavation is not indicated on the approved plans.  As a result of doing this excavation work you notice that roots of a tree indicated to remain have been exposed and damaged. 
      • What procedures will you follow during this inspection from initial booking in of the inspection to finalising it?

    • What action would you take?

     

     

    1. You have been requested to carry out a final inspection on a dwelling for the purposes of the issue of an Occupation certificate / Occupancy Permit / Occupancy Certificate / Final Certificate / Certificate of Occupancy and Use.
      • Prepare an inspection checklist with all items that must be inspected prior to the issue of a certificate.

      • List the procedure to check all paperwork prior to issue of the certificate.

    2. You have been requested to carry out a stormwater system inspection of a development. The approved plans show an on-site detention system.  During the inspection you find out the builder has omitted the detention system.  He indicates that he spoke to his hydraulic engineer who is willing to certify the system he installed. 
      • What procedures will you follow during this inspection from initial booking in of the inspection to finalising it?

      • What action would you take?

     

     

    1. (a) Explain the process of dealing with unauthorised development for your state.
      • List the process in point form.

      • Prepare a checklist that you would follow in dealing with this situation.

     

     

    (b) As a building surveying consultant you have been asked to conduct a building inspection/building certificate inspection (whichever is relevant in your state). During the inspection you suspect that an awning attached to the rear of the dwelling has been built without the appropriate approval and there are no smoke detectors in the dwelling. 

    1. What would you do in each case: awning, smoke detector?

    2. Show an example or mock certificate you would issue.

    1. As a building surveying consultant a client has approached you to assist with a development that has commenced without all of the relevant approvals. A site inspection reveals the building has been constructed to completion and that no inspections have been carried out during construction.  The owner has confirmed that no certificate was issued to complete construction.

    Your council (Local Authority) confirms that although development approval was issued a construction approval (construction certificate, building application / building permit / building approval) was not. 

    • You are required to prepare a report to assist your client with the process of approving the structure with the Council (Local Authority). The report will include the details of possible enforcement action, points of consideration, relevant legislation and a recommendation (report on any assumptions you have made). The report is to be structured using the template below.

     

    Page 1

    Executive summary

    The executive summary is done after the report as it is a summary of the report for quick reference by councillors. Have a look at council reports on a council website.  These reports are usually found in relation to Council meetings.

    Short title of item

    Location (address, etc.)

    Issue summary

    Recommendation

     

    Page 2 (body of report to be no more than one page)

    Report

    Short title

    Location

    Description of item (2 sentences maximum)

    Discussion (Use subheadings suggested or similar; in point form; summarised; being clear and concise is of the essence)

    History

    Assessment

    Legal considerations

    Compliance issues

    Conclusion

    Recommendation (this should be only 1 sentence)

     

    Additional pages if required

    Appendix: (Any other material not directly needed in the report but that is a relevant reference.  Copies of legislation, BCA not required for example, however explanatory discussion that is of relevance in relation to the issue may be).

     

 

Subject Functional Writing Pages 11 Style APA

Answer

ASSESSMENT 2

Question 1

  1. To begin with, I will ensue that I have the project plans and the specific details of the type of steel to be used for reinforcement. I will carry this data to the site and notify the builder of my intention to verify the details of the steel reinforcement. I will demand evidence of the receipts or any other document that can prove that the steel selected is the correct type. I will the request him to accompany me to the site and here I will physically confirm the type of material and structure of its assembly or how it has been set-up (used) in the location. I will be keen to ensure that the boxing was first done after laying the plastic. I will inspect the plastic to ensure it is the correct standard and it has been laid uniformly in the entire are to be covered by slab. The reinforced steel should also be carefully laped especially at the joints as this will contribute to the effective distribution of concrete.
  2. In this case, since the footings were already poured without inspection, I will demand an explanation from the builder stating why an inspection was not done. I will then inspect the entire boxing to note any leakages in the entire surface of the boxing. I will then check the type of steel used on the remaining part of the steel not covered by the footings and request evidence from the builder on its quality. Finally, I will note that failed inspection on my report and request that the PCA must provide an occupation certificate to the owner after the construction process.

Question 2

  1. The distribution of windows is directed by the ventilation policies set by BCA. I will therefore book this case then review the ventilation requirements before requesting for the building’s plans from the owner. Upon visiting the site, I will request for the reasons for including the extra windows from the builder. I will then recommend adherence to the set policies but if this is impossible, I will request the builder to explain the need for the provisional windows to the council and to the builder, and justify the reasons based on the BCA. The builder will therefore have an obligation to compensate for the extra costs or share it with the owner. The inspection will then be closed.
  2. I will first seek the building plans and verify that there is indeed an extra window. I will seek to understand whether this was noted by the PCA and if they were satisfied with the explanation provided regarding the extra window. On site, I will check the additional windows in an effort to understand why they were added and how they affect the building. I will then determine whether the reason is legitimate and whether the existence of the windows affects the building safety.

Question 3

  1. The BCA guidelines provide the most effective guide for any form of building o construction activities in Australia. I will therefore seek the original plans and determine whether the development was inspected for compliance with the Tree Replacement policy. I will then visit the site and upon identifying the affected trees, notify the tree replacement officer to conduct another inspection of the tree to verify if its existence in the position is tenable. I will then seek to note the reason for the excavation and include the response to my report. I will also indicate the possible effects of the excavation and recommend on the future actions.
  2. I will consult the inspector from the tree replacement office to know whether the tree’s existence will affect the building in future and recommend that it is cut down if its existence remains a risk to the building.

Question 4

  1. Inspection Checklist (NSW Government, 2017)
  • Confirmation of certification prior and during construction. The certificates required are the Construction Certificate, Principle Certifying Authority approval and the insurance details.
  • Infrastructure inspection certificates, water authority certificate, and the structural engineering certificates will also be required.
  • Earthworks, drainage and termite management initiatives will then be inspected and physically to ensure compliance.
  • Other factors that will be inspected manually include: masonry activities, roof and wall claddings, glazing and fire systems, smoke alarms, room heights, lights and ventilations.
  • Tests will also be required on sound insulation, heating system and its certification, bush fire area, alpine and wet areas, stair construction, veranda spaces, floor and flow provisions.
  1. I will seek the required certificates, to view them physically and for the remaining items, I will use my skills and resources to test, measure and verify the compliance requirements.

Question 5

  1. An on-site detection system (OSD) is recommended for commercial and industrial buildings, town houses, dual occupancy lots and sporting facilities sealed for various reasons (NSW Government, 2017). In this case, the property is a dual occupancy lot and therefore it is expected that it should have an OSD. In this regard, I will use the buildings plans to understand how the OSD should be fitted in the area and upon arriving, inspect the availability and construction of the OSD. If omitted, I will seek to understand the reason for the omission and verify with the BCA whether the development can work with an alternative system.
  2. According to the NSW policies on OSD, one can be exempted from fitting the OSD is the building being constructed is a single residential unit, if the total area covered by the development is less than 250m2, if the building is on the catchment region (which is mostly the lower side), and if the project is simply a renovation or rebuilding. Since this is a new development covering over 250m2 the builder has gone against the NSW polices on OSD and the BCA policies on the same and thus I will recommend that the builder has to remove the current system and fit the OSD as required.

Question 6

  1. Dealing with unauthorized development in NSW
    1. Process
  • Book the development for lacking an approval permit
  • Request the building owner to state in writing why the development does not have a permit and whether he was aware of that.
  • Request the building owner to apply for a retrospective approval for the building as directed by the Building Act.
  • Receive inspection reports and confirm the construction process and facilities are okay.
  • Issue the retrospective approval.
    1. Checklist
      • Use the Building Act of Australia and the NSW building policies on buildings without approval to recommend action for not seeking approval.
      • Seek fresh approvals and inspections prior to issue of retrospective approval.
      • Co-ordinate with the local officers on the initiation of the approvals.
      • Use the non-compliance procedure in case of failure to complete the approval process.
    2. Awning and Smoke detectors
      1. For the awning, I will determine the extent to which it stretches since the NSW policies on awnings state that if the awning covers a public road or path, the owner has to seek approval. I will then request a complying development certificate (CDC) from the builder to illustrate that the awning was approved and if this was not done, I will book the case then request that a certificate be sought immediately. For the lacking smoke detectors, I will issue an infringement notice and indicate the possible fine for failure to install. In case no action will be taken within the specified time, I will not approve the building and also issue a AUD $5,000 fine for the mistake.
      2. Mock Certificate:

 

Compliance Certificate – Smoke Alarms

Issued under Section 109C(1)(a) Environmental Planning & Assessment Act 1979

 

I “insert electrician name” …………………………………………………………………….            

Certify that smoke alarms / smoke detectors at:

Property details:

Lot No:          ………………….        DP:…………………………………………………………..      

Address:       ………………………………………………………………………………………        

                     ………………………………………………………………………………………        

Construction Certificate Application No: …………………………………………………          

Complying Development Certificate No: ………………………………………………….          

Building Code of Australia (BCA) Classification:           Class 1(a)

  • Has been installed in accordance with Australian Standard AS 3786 and Building Code of Australia, Volume 2 Part 3.7.2 at the above address.

 

  • Where more than one alarm has been installed, all alarms have been interconnected.

 

Certified and dated this day:        ………………………………………………………………      

By Name:

(electrician name): ……………………………………………………………………………             

Licence No: …………………………………………………………………………………….          

As a suitability qualified installation agent of:

Organisation:

(electrician name):……………………………………………………………………………..            

Address:       ………………………………………………………………………………………        

                     ………………………………………………………………………………………        

Phone No:………………………………………………………………………………………..          

Email address:…………………………………………………………………………………..          

Signature:………………………………………………………………………………………..

 

Question 7

Executive Summary

            The New South Wales state abides to the Building Codes of Australia and this is also used in the development of the Environmental Planning Policies amended in 2007. Each building in Australia has to abide to the policies as enforced by the council. In this case, since only the construction approval was obtained, the retrospective approval and occupation compliance should also be sought as these will allow the owner to have all other missed inspections done and approved by the council and in accordance to the Building Codes of Australia.

Report

History

            All infrastructural developments in the New South Wales state are guided by the State Environmental Planning Policies of 2007 as they are an advancement of the BCA. It is therefore expected that all developments have to be effectively approved prior to their utilization by the public. In case a building was not inspected and approved as expected, your local council has an obligation to enforce specific fines and penalties, or even recommend demolition regardless of the costs.

Assessment

            The main approvals required in this case should have included: the complying development report, the construction report, approval by the principal certifying authority, and the occupation certificate. However, since you only obtained the construction approval, it will be important to seek a retrospective approval as this will allow the council to conduct another full inspection of the facility and its resources.

Legal Consideration

            In the Building Act of Australia, section 51(2) a building owner can be able to seek an approval consent for a building that has already been constructed. This approval is also referred to as the retrospect approval and remains one of the most recommended approaches for this case. An occupation certificate will also be required prior to moving into the house.

Compliance Issues

            To this point, compliant issues will be determined through the two approvals: the retrospective approval that will illustrate compliance to engineering activities, correct excavation and land management, and adherence to safety and other building requirements; and the occupation certificate that will help determine whether the required facilities are correctly installed and the building has complied to all other directives on the Building Act.

Conclusion

            Building approvals and compliances are mandatory in Australia and by failing to conduct further inspections and approvals as directed by state and country policies you are liable for fines through the council if you do not apply the recommended approach. This report recommends that you seek the retrospective approval and the occupational certificate from the council before proceeding with the project and occupation of the building.

Recommendation

            Seek the retrospective approval and the occupational certificate before moving into the building.

References

NSW Government (2017). State Environment Planning Policy (Infrastructure) 2007. NSW Legislation. Online Source. Available from: https://www.legislation.nsw.gov.au/#/view/EPI/2007/641/part3/div3/cl31

 

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