CodeMark and limiting Council's liability

We all know that Councils welcome CodeMark because it removes their liability. S19 of the Building Act says that a BCA must rely on a registered product certificate as a means of compliance, if all conditions are met.

This means that the consenting decision is different. It now is on compliance with the conditions of the certificate NOT code compliance.
The DINEX Building Method CodeMark is an example of the type of CodeMark that is best for a council. It covers the plans and specifications of homes built by Golden Homes in their entirety.

The are two conditions:

1. that every page of the plans and specifications bears the CodeMark logo, and

2. that a signed and dated Design Summary/DINEX declaration be provided.

This is so simple.

BUT every time a council officer steps outside this framework such as asking for calculations, producer statements or even providing additional details, they destroy the value of the CodeMark from a liability perspective. That is the chain of reliance is broken and council's liability is as if the CodeMark certificate did not exist.

So does this mean blind acceptance of a CodeMark certificate? Definitely not, due diligence is important but it needs to be transparent. Council should document what the due diligence process is, and what is considered.

So to ensure that council's liability is reduced to zero where a CodeMark certificate is involved:

1. Certificate holders - make sure that the conditions of the registered certificates are understood and clear.

2. Designers - make sure the information necessary to show compliance with the conditions of the registered certificates are easy for a council officer to find.

3. Councils - develop and document what due diligence is when processing a CodeMark

4. Council officers - read each certificate and then restrict your processing activities to the conditions, scope of use and limitation, and due diligence only.

Together we can make CodeMark work, we can reduce the liability of ratepayers. 

Louise Swann
The Good Building Consultant