BUILDING DEFECTS INSPECTION REPORT & RECTIFICATION COST ESTIMATES

BUILDING CONSULTANTS AND QUALITY INSPECTORS ABN 12 115 961 487 PO Box 88 Bacchus Marsh 3340 Phone: 0419 224 440 Email: [email protected] Report...
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BUILDING CONSULTANTS AND QUALITY INSPECTORS ABN 12 115 961 487 PO Box 88 Bacchus Marsh 3340 Phone: 0419 224 440 Email: [email protected]

Report written by: Darren Love

BUILDING DEFECTS INSPECTION REPORT & RECTIFICATION COST ESTIMATES Site Address: Client Name: Phone #: Email: Instructions Received From – Date of this Report – Date of inspection – Prevailing weather conditions – Fine. This report consists of 67 pages including this page, plus attachments.

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Dwelling type: Dwelling configuration: Nature of works: Stage of inspection: Construction Type: Garage: Foundations: Inspection & Report Particulars My inspection is a visual inspection of the finishes and the quality of those finishes present at the time of my inspection. This report contains a ‘Schedule of Building Defects’ that lists the items that in my judgment do not reach an acceptable standard of quality, level of building practice, or have not been built in a proper workmanlike manner in relation to the Building Acts & Regulations, the Building Code of Australia (BCA), any relevant Australian Standard, any manufacturers installation instructions or the acceptable standards & tolerances as set down by the Building Commission of Victoria. Terms & Conditions All site inspections, meetings, this report, all future reports, correspondence and advice that I provide in relation to this property, whether written or verbal, are provided subject to the limitations and exclusions detailed in the standard terms and conditions set out on the last page of this report. Abbreviations The following abbreviations will apply to this document. BCA -

Building Code of Australia relevant edition to the date of building permit issue.

AS -

Australian Standard relevant edition to the date of building permit issue.

GTST 2007 -

Guide to Standards and Tolerances issued by the Building Commission Victoria 2007.

Cost Estimates Have been provided in Addendum ‘A’ towards the front of this report. Defects and Observations List Have been provided in Addendum ‘B’ towards the middle of this report. Expert’s Summary, Statement, Declaration & Experience

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Has been provided in Addendum ‘C’ at the rear of this report. Access Access was gained to all required areas in accordance with clause 6 of the terms and conditions listed on the last page of this report. Summary There are 37 areas of defective work within this dwelling. Given the scope of works, an external Quantity Surveyor has been engaged to cost the rectification. Should the reader of this report have any additional queries or questions in relation to the items set out within it, please do not hesitate to contact the writer via any of the methods detailed at the front of this report.

Rectification Cost Estimate: Notes when reading this rectification costing estimate; Given the scope of works, an external Quantity Surveyor has been engaged to cost the rectification. Addendum ‘A’

Given the scope of works, an external Quantity Surveyor has been engaged to cost the rectification.

Addendum ‘B’

Definitions used in this report: BCA or NCC: AS: RL: FGL: FFL: FRL: SOU:

Building Code of Australia Australian Standard Reference Level Finished Ground Level Finished Floor Level Fire Resistance Level in Minutes Single Occupied Unit

Schedule of Defects, Observations, Site Comments and Other Relevant Information:

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Defect; The front portico entry cover is holding water.

Observation; I noted that the front portico is holding water as a dip or valley is presenting in the installation. Discussion Points; All flashings must fall a minimum of 1/100 to drain the roof. The last rain at this location was approximately 12 hours prior to my attendance as per the BOM site. The flashing needs to be reworked to allow gradient or drainage of the water and to remove the visual defect of the dip that is clearly present from the first floor windows. Supporting Reference Material;

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Defect; The front portico flashings have not been installed into the fabric of the building.

Observation; I noted that the wall flashing has been silicon sealed to the wall only and has not been installed into the building fabric or sealed. Discussion Points; The plumbing commission directive dated 2003 states and calls for either fasteners at 100 mm centres or wall cut method. Either must be installed to the front portico. Supporting Reference Material;

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Defect; The external down pipes to the dwelling have not been secured to the dwelling with clips to large sections.

Observation; I noted the front entry downpipe has not been secured to the building. I noted rear down pipes that have only one clip back to the buildings structure. I noted down pipes that had two clips only that are located at the very top of the building and the bottom of the building with no restrain in between. I noted that the down pipes freely move in most locations that are defective. Discussion Points; The current installation is defective and needs to be reworked. Supporting Reference Material;

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Defect; The builder has retro fitted a number of balconies with drainage to the down pipes via cutting a hole in the downpipes and silicon sealing the connection.

Observation; I noted a number of these connections to all upper level \balconies on level 2 and to the apartment 4 and 5 balconies only to the ground floor. Discussion Points; These connections do not comply with plumbing industry regulations. The down pipes need to be replaced and the drainage system reworked to drain into the storm system via acceptable connections. The damage to rendered surfaces for fasteners will also need to be repaired. Supporting Reference Material;

Photo/s;

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Defect; The PVC boots or exposed PVC piping to the storm water pipes is not painted.

Observation; None of the boots have been painted. None of the exposed PVC pipes have been painted. Discussion Points; The white PVC pipe is not UV rated and must be protected from direct sunlight. The pipe must be painted in a UV rated paint in a colour that matches the downpipe.

Suggested Options for Rectification; Paint all boots and pipes. Supporting Reference Material;

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Polyvinyl chloride (PVC) pipes and fittings as specified in AS 1254, AS/NZS 1260, AS 1273, AS/NZS 1477 and AS/NZS 2179.2 (Int) shall, where exposed to direct sunlight, have resistance to UV radiation or alternatively be protected in accordance with AS 2032.

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Defect;

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The paving to the front of the dwelling has been damaged and has been repaired with mortar. This mortar repair is presenting in a different colour, chipped, cracked and missing to a number of areas. Observation; I noted that the front paving to the area under the letter box has been damaged and poorly repaired. Discussion Points; The repairs are defective and need to be reworked.

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Defect; The front tiling on top of the entry feature is loose and poorly repaired.

Observation;

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I noted that approx two thirds of the tiling is loose and has been repaired in the past. I noted that the last repair has a different colour grout to the repaired areas. I noted that the repaired area is sited proud of the original tiling installation. I noted that the repaired areas grout opening/lines are greater in size than the original installation. Discussion Points; The tiling has been repaired. The tiling repairs do not comply with AS 3958.1. The current installation is elevated and may fail in a manner that causes damage to property or injury to persons. The repairs need to be redone in a manner that secures the tiles to the wall and the finish is equal to or about the same as the original installation. I was instructed that a number of tiles recently fell off and were repaired by the builder. It is my opinion that further failure is occurring. Supporting Reference Material; AS 3958.1, clause 5.4.3 and clause 5.4.7.

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Defect; The timber form work to the car park is still present.

Observation; I noted several areas to the garage parking area that the timber form work was still present too. Discussion Points; The form work is held in place via a suction force and in this case an element of dried concrete. This dried concrete would be forming a glue like effect, however the bond is easily broken via the tapping with a hammer or by moving one corner of the board. The major concern is dislodgement at a time that may cause property damaged or personal injury. The form work must be removed. Supporting Reference Material; The BCA under the heading of objectives.

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Defect; The rear pit covers have been formed in situ and have large protruding handles that are a trip hazard.

Observation; I noted that the handles to the in situ formed pit covers were protruding out of the concrete up to 80 mm approx.

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I noted that these pit covers make up part of the walkway path and could present an injury to others. Discussion Points; The pit cover handles should retract into the pit cover. The pit cover is part of the walk way. The installation is dangerous due to the fixed handles that are present. Supporting Reference Material; The BCA under the heading of objectives.

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Defect; There are four areas on the outside of the dwelling where the builder has made repairs to items leaving damaged tiles or render with holes and the like.

Observation; I noted the rail support has changed on the north side leaving a hole to the render. I noted that the tile to the outside area of apartment four has been damaged. I noted that the exhaust pipe to the fire system on the north side has not been sealed. I noted that the west side waste installation to the balconies has caused damage which has been poorly rectified. I noted that the south side render repairs have been installed without blending with the in situ. Discussion Points; All of the above are defects that the builder must make as new. Supporting Reference Material; 18 | P a g e

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Defect;

No bollard has been installed as per item 31 of the building permit. Observation; I noted that at both fire exit doors to the car park area, no bollard protection has been installed. Discussion Points; The current installation does not comply with the building permit. The certificate of occupancy should not have been issued. The bollards must be installed to ensure that the fire exits are free of any likely hood of being blocked by a parked car. Supporting Reference Material;

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Defect; The dwelling has been installed with polystyrene cladding to the upper sections. This system does not comply with the BCA, nor does it appear to be a Deemed to Satisfy installation.

Observation; The dwelling has polystyrene fitted to all upper level outer walls. The building permit does not show this product, nor does the building permit or occupancy. Discussion Points; More on this item later in the report based on fire protection defects. The polystyrene cladding to the dwelling as a whole must comply with the BCA. The BCA in part 1 2 2, mandates that all building products must comply with the BCA or a Deemed to Satisfy provision of the BCA. A “Certificate of Conformity” needs to be issued for all materials, construction methods or design, followed by a certification of the manner of installation. We refer the builder to Part 1.2.2. One of the provisions for compliance is the ability of the builder or supplier of a product to present an “Alternate Solution” or a “Deemed to Satisfy” case. The difference is one is an Alternate to the provisions of the BCA and the other is a Deemed to Satisfy such as building the dwelling to an Australian Standard. There are no provisions that we are aware of in the BCA for the use of polystyrene cladding on a dwelling under the “Deemed to Satisfy”. Hence the “Alternate Solution” path must be taken to ensure that the product installed is safe and will comply with the requirements of the BCA.

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As an example of an Alternate Solution is the polystyrene product supplied by NRG Green Board. It has; a. Structural impact certification. b. Fire resistance certification. Also the green board product has the same toxic smoke as that of wood. c. Vermin resistance. d. An ‘R’ Factor for insulation. e. A sound rating. f. A complete installation guide that has been certified by a structural engineer and then “Code Marked”. The builder may have a Certificate of Conformity, or may be able to reference an Australian Standard that supports their installation of this product. Please note that any “Alternate Solution” must be registered on the building permit as per Building Regulations 313 and 319 and must also be noted on the plans. Noting that a product was to be installed on the plans does not comply in itself. It MUST be registered on the building permit before the works start and the building surveyor must have all supporting documentation justifying why the surveyor agreed to the products use. See Building Commission Practise note on this item. This has not been done, and the certificate of occupancy has been issued, then there is no method for addressing this regulatory requirement as the certificate of occupancy closes off the building permit. In other words, the use of “Alternate Materials”, such as the polystyrene cladding to this dwelling, may have breached the building regulations. The surveyor issuing the permit should have shown a higher degree of due diligence prior to issuing the building permit and the certificate of occupancy. One of the main concern is fire and the toxic smoke that could be released if fire was to occur. A copy of the Building Commissions notice to all builders and surveyors detailing the correct process for installing an alternate solution product was sent to all builders and surveyors by the building commission. A copy of that notice has been attached with this report as a separate PDF file. The only correct method of rectification is to remove all and install blue board and render in replacement of the foam.

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The building permit calls for the external walls to have a 90 minute fire resistance in section 7. This material will not give a 90 minute resistance. This is a structural defect.

Suggested Options for Rectification; Remove all the boards and rework the dwelling with blue board and render over same. Supporting Reference Material;

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Defect; The intercom system that was installed by the builder is non-functional.

Observation; I noted that the intercom system is both a talk and door release unit. I noted the clarity of the voice system is very poor to the point of not being able to comprehend any information being spoken at the entry area. I noted that no door release has been fitted. I noted that the entry door latch has not been fitted. I noted that the entry door latch area has been cut out for a striker release; however the space is blank with no latch at all to the entry door. I noted that the entry door will lock, however the door rattles when closed.

Discussion Points;

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The dwelling consists of three levels. A person on the upper two levels must quickly run down stairs to answer the door intercom as communication with the front door is near impossible. It was reported that Taxi’s, Pizza delivery persons and the like often drive off due to the delays. The system has the capability to operate as intended, and should be fully operational, including the door release facility. The current installation is a defect and should be rectified.

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Defect; The front feature tiled wall has a crack that has opened up and offset.

Observation;

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I noted that the feature tile to the front entry has a crack at the connection of the 1 m high wall to the main body of the entry structure which is projecting through the tile face. I noted that the crack is presenting both as an opening and an offset. I noted that the crack extends approx 700 mm high. Discussion Points; The crack has been caused by structural movement between the two variations in wall height. The crack is a defect and will need to be rectified.

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Defect; The bin room is flooding when it rains.

Observation; I noted that the bin room floor is wet. I noted that a drain to the exits times two have been installed. I noted that no floor drain has been installed to the bin room. I noted that the bin room floor is lower than the drain points and the floor dips from south to north resulting in the bins being located in the lowest part of the building. I noted that the bin room is located at a level that is approx 1200 mm below FGL or greater. Discussion Points; The bin room should have a drain point in the room as the room is underground and the nearest drain points are higher than the FFL to the north wall. The current installation can be rectified by floating a new floor over the old floor to cause the floor to drain to the outside of the room. The current installation is defective. It was not installed in a manner that is proper or workmanlike.

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Defect; The tank stand to the south side towards the rear has sunk causing strain on all plumbing connections.

Observation; I noted that the tank concrete slab to the south side towards the rear of the dwelling has failed. I noted that the failure was presenting in the form of subsidence which could be measured on the rendered wall as a starting point to the current location. I noted that the plumbing connections are under considerable strain and will fail in due course. I recorded the subsidence at 55 mm approx to date. I noted that when probing under the tank water slab, the soil was soft and I defected no indications of crushed rock or compaction. Discussion Points; The slab installation for the water tank was installed on soil that had not been compacted. 34 | P a g e

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The subsidence is a defect in the builder’s workmanship. The plumbing is under considerable strain and appears to be ready to fail. The builder must warranty plumbing for 10 years as per the Building Act section 134A. Supporting Reference Material;

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Defect; The buildings flashings to the upper areas have been poorly installed and leak.

Observation; I noted that the flashings that are visible from the balconies are not installed in a manner that complies with AS 3500. I noted that the flashings have been silicone to the foam walls which has then failed and opened up in a manner that allows leaks into the inner fabric of the building. I noted that in places some attempt at securing the flashings has taken place in the form of a roofing screw into polystyrene foam. I noted gaps and holes in the flashings. Discussion Points; The installed flashings fail to comply with AS 3500. Plumbing Commission directives on flashings has been inserted below and demonstrates the correct method of installation. The dwelling leaks due to this installation. The foam cladding cannot be used to secure the flashings as it is non-compliant foam with no structural ability to secure the screws in place. Supporting Reference Material;

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Defect;

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The upper level gutters that can be seen from the balconies and windows are holding water. Observation; I noted that some gutters to the upper level guttering are holding water. Discussion Points; Gutters are to be graded to remove all water. There is no allowance for water retention in gutters. See AS 3500, clause 4.8, item (a). The current installation needs to be reworked to accommodate for fall to down pipes. Supporting Reference Material;

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Defect; The insulation in the ceiling has been:      

Moved by other trades and is no longer installed onto the plaster ceiling linings to a large number of areas. Batts have been installed over pipes and wires. Batts have not been installed within 50 mm of the down lights. No batts have been fitted to the side walls of the upper level structure. The outer edge of the dwelling has not been fully covered. Whole areas have no batts installed.

Observation; I noted that in both roof access points that the batts had been installed incorrectly and as per the defect list. I noted that this defect was to the whole of the roof area. It was in no way confined to one or two remote areas.

Discussion Points;

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A 5% reduction in coverage may reduce the “R” factor by 50 % downwards. Not covering the whole ceiling space area in a manner that complies with AS 3999 with insulation would equate to approx 5% of the roof space or more being exposed. Hence the “R” factor has been greatly reduced. My clients heating and cooling cost have been increased due to this defect. The insulation needs to be reworked so as to be installed in a manner that complies with AS 3999 with all areas covered and the batts flush to the top of the plaster. The inserted diagrams demonstrate the minimums that must be achieved.

Supporting Reference Material; Both of the following are from Energy Safe Victoria manuals and AS 3000.

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Defect Combustible material used in installing cover to external walls at junction of floor and external wall. A combustible material of rendered polystyrene installed at the junction of the floor and wall.

Observation

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A rendered styrene section has been installed to the FRL external walls at the junction of the first floor and external walls Discussion Points The building is class 2 Type A construction of 4 storeys which requires FRL to comply with Section C Specification C1.1 Table 3 Type A Construction. A non-combustible method of construction is required for external walls to comply with Deemed to Satisfy provisions of the BCA Vol 1 2009 Rendered styrene foam cladding does not meet the minimum requires of a noncombustible material and does not achieve the required FRL

Supporting Reference Vol 1 BCA 2009 C2.6

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Defect Combustible material used for external cladding to first floor .

Observation The first floor external walls have light weight construction with a rendered styrene foam cladding applied. The bottom edge of the styrene cladding is exposed and not rendered Discussion Points The building is class 2 Type A construction of 4 storeys which requires an FRL to comply with Section C Specification C1.1 Table 3 Type A Construction. A non-combustible method of construction is required for external walls to comply with Deemed to Satisfy provisions of the BCA Vol 1 2009 Rendered styrene foam cladding does not meet the minimum requirements of a noncombustible material Load bearing walls 90/60/30 Supporting Reference Vol 1 BCA 2009 C1.8 light weight Construction allows light weight construction – but to comply with the required FRLs

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FRL Type A construction External Walls Specification C 1.1 Clause 3 Table 3 Distance to FSF > 3.0 m FRL 90/60/30

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Defect Ceiling space above SOU ‘s 6,7,8,9,10 non-complying for FRL

Observation. The ceilings to the SOU 6,7,8,9,10 all have penetrations for exhaust fans, water pipes, ducting ,and load bearing internal walls supporting steel beams to the SOU 11. This allows for the spread of fire and smoke between the first floor units and to SOU 11 above Discussion Points The building is class 2 Type A construction of 4 storeys which requires FRL to comply with Section C Specification C1.1 Table 3 Type A Construction. The ceiling is required to compartmentalise each SOU for FRL ‘s The ceilings are required to provide FRL to the load and non-load bearing structural elements supporting the roof and structural elements to SOU 11 Spec A2.3 2 methods alternative ways RBS can approve a building Material to meet FRL C 3.5 (d) requires ceiling to have FRL and resistance to incipient spread of fire to the ceiling space Supporting Reference BCA Vol 1 2009 Section 3 Clause 3.1 c iv any internal wall required to have an FRL with respect to integrity and insulation must extend to the underside of the floor next above ( SOU 11) or 3.1 iv a ceiling that is immediately below the roof and has a resistance to the spread of fire to the roof space between the ceiling and the roof of not less than 60 minutes Photos:

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Defect Penetrations for services to garage / ground floor ceiling floor do not have sufficient fire protection

Observations Inspection of the penetrations to the first floor slab from the carport indicated a void surrounding the penetrating service pipes and the void for the pipes. Gaps were up to 10-25 mm surrounding the pipe. Discussion Points The penetration is required to have a suitable fire/ smoke stop to prevent fire /smoke spread between the different levels to achieve required FRL Supporting reference BCA Vol 1 2009 C 3.12 Openings in floors for services to protect to openings for services which penetrate floors of Type A construction- require fire stopping.

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Defect. The fire walls to SOU 6,7,8,9,10 do not achieve the FRL as required

Observations The fire walls to the SOU 6,7,8,9,10 penetrate into the ceiling space above these units. The walls are used to support the steel beams and floor, wall framed of the SOU 11. The walls are required where in the ceiling space required extending to the underside of the roof covering with an appropriate FRL to the framing in the ceiling space Discussion points

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Supporting Reference BCA Vol 1 2009 Section C C2.7 Separation by fire Walls ( a) (i) sets out required FRL of Fire Wall C2.7 (a)(ii) requires all openings in Fire Wall to comply with Part C3 - including service penetrations C2.7 c) requires Fire Wall to be built in accordance with FRL is to extend to the underside of a roof covering OR it the building is separated by Fire Walls with different roof levels, there is no requirement to extend the fire wall to the underside of the roof of the higher roof. This requires the ceiling to the lower SOU achieve the required FRL by noncombustible material- in this case concrete slab. Part C Specification C 1.1 Table 3 Type A construction Fire wall class 2 FRL 90/09/90 Performance requirements of BCA Vol 1 2009 CP! CP2 CP3 CP4 CP7 CP 8 CP9

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Defect Internal walls to SOU 6,7,8,9,10 do not achieve the FRL as required

Observations The internal walls to the SOU 6,7,8,9,10 penetrate into the ceiling space above these units. The walls are used to support the steel beams and floor, wall framed of the SOU 11. The walls are required where in the ceiling space required extending to the underside of the roof covering with an appropriate FRL to the framing in the ceiling space Supporting Reference Part C Specification C 1.1 Table 3 Type A construction Internal walls – load bearing between or bounding SOU class 2 FRL 90/09/90 Performance requirements of BCA Vol 1 2009 CP! CP2 CP3 CP4 CP7 CP 8 CP9

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Defect

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Steel load bearing beams to the ceiling space above SOU 6,7,8,9,10 do not achieve the required FRL . The beams are exposed and the ceiling lining to the SOU 6,7,8,9,10 do not meet the required FRL. allowing the spread of fire to the ceiling space and to the supporting beams to SOU 11 Observations I observed load bearing steel beams to the ceiling space above unit 6,7,8,9,10 supported by internal and fire walls to these units which penetrated into the ceiling space without compliance to meet FRL. The ceiling lining has penetrations which negated the required FRL Supporting reference Vol 1 BCA 2009 Section C Specification C1.1 3.1 iv a ceiling that is immediately below the roof and has a resistance to the spread of fire to the roof space between the ceiling and the roof of not less than 60 minutes Section C Specification C1.1 table A load bearing beams Class 2 FRL 90/-/Performance requirements of BCA Vol 1 2009 CP! CP2 CP3 CP4 CP7 CP 8 CP9 Photos:

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Defect The external / bounding walls to SOU 11 do not have an FRL as required to comply with the provisions of the BCA Vol 1 2009

Observations Inspection to the ceiling space show the load bearing bounding walls of SOU 11 not to have a cladding installed to the internal face of the timber frame with a complying FRL The plaster lining is non-complying for the appropriate FRL Comments for Discussion The cladding requires replacement with a material and method to meet the required FRL Supporting Reference The building is class 2 Type A construction of 4 storeys which requires an FRL to comply with Section C Specification C1.1 Table 3 Type A Construction. A non-combustible method of construction is required for external walls to comply with Deemed to Satisfy provisions of the BCA Vol 1 2009

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Performance requirements of BCA Vol 1 2009 CP! CP2 CP3 CP4 CP7 CP 8 CP9 Photos:

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Defect The external / bounding walls to SOU 11 do not have an FRL to the external facing of the timber frames required to comply with the provisions of the BCA Vol 1 2009

Observations Inspection to the ceiling space show the load bearing bounding walls of SOU 11 have a non-fire rated styrene foam cladding installed to the external face of the timber frame with a complying FRL. Comment for Discussion The cladding requires replacement with a material and method to meet the required FRL Supporting Reference The building is class 2 Type A construction of 4 storeys which requires an FRL to comply with Section C Specification C1.1 Table 3 Type A Construction. A non-combustible method of construction is required for external walls to comply with Deemed to Satisfy provisions of the BCA Vol 1 2009Rendered styrene foam cladding does not meet the minimum requirements of a non-combustible material

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Performance requirements of BCA Vol 1 2009 CP! CP2 CP3 CP4 CP7 CP 8 CP9

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Defect Ceiling plaster to the SOU 6,7,8,9,10 do not have a required FRL to protect the floor of SOU 11.

Observation Inspection to the plaster lining to the ceilings of units 6,7,8,9 10 were observed to be not meeting the requirements for resistance to the spread of fire to the roof space between the ceiling and the roof of not less than 60 minutes. Comments for Discussion I noticed the plaster install to the ceilings to the first floor units has holes for penetrations and fitting which does not fire protect the floor to SOU 11 which exposes the floor and does not have the required FRL of 90/90/90. Supporting Reference The building is class 2 Type A construction of 4 storeys which requires an FRL to comply with Section BCA Vol 1 009 C Specification C1.1 Table 3 Type A Construction. Floors class 2 FRL 90/90/90 A non-combustible method of construction is required for external walls to comply with Deemed to Satisfy provisions of the BCA Vol 1 2009 C 3.12 Openings in floors for services to protect to openings for services which penetrate floors of Type A construction- require fire stopping

Section D Access and Egress D1.2 Stipulates the number of exits required A1.1.1 states exits can be a combination of Fire isolated stairway Fire isolated passageway Door- egress to open space or street Which can be described as a “system’ of exit

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Defect The distance of travel from SOU 3 exceeds the max distance of trave to an exit to open space or open road

Observation I measured the distance from the outer edge of the entry door jamb to SOU 11 and SOU 6,7,8,9, 10to the top of the riser to the required stairway and to the single exit provided at the level of egress to a road (or open space) found the distance exceeded to maximum of 20 m Comments for Discussion The safety of the occupants is compromised as the distance exceeds the maximum allowed under the provisions of the BCA. There is only one exit provided, with no alternative exit The safety of the occupants for evacuation is compromised. Supporting Reference BCA Vol 1 2009 Section D Performance requirements DP1 DP4 D1.15 The measure of distance The distance is measured from the outer edge of the door jamb to the door to the required stairway – (exit door- not installed) to the top of the first riser and to the point of exit on the ground floor The distance is greater than the allowed 20 m 31

Defect The exit from the basement car park does not have access to a road or open space with access to a road

Observation I observed there is a stall electronically operated gate ( barrier) to the car park from the 1:8 ramp from High St. The side gates at the front of the building providing open space, do not have access to the road as they are permanently locked Comments for Discussion

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The safety of the occupants is compromised as there are locked barriers from the building to the ramp egress to high Street and the gates to the open space are locked. Supporting Reference BCA Vol 1 2009 Section D Performance requirements DP2 DP4 D1.10 Discharge from exits An exit must not be blocked at the point of discharge – and where necessary suitable barriers must be installed to prevent vehicles from blocking the exit. 32

Defect The required stairway width and height is compromised and does not meet the minimum width and height requirements

Observations The required stairway has dimensions less than required to height and width. Comments for discussion The safety of the occupants is compromised as there are obstructions to the required stairway, impeding the safe evacuation of occupants to egress to the road.. Supporting reference Class 2 Type A construction D2.9 Width of Stairways Measurement must be clear of obstructions D2.9 (a) D2.9 (a)(ii) the required width of the stairway must continue to a height of 2 m above the stair. D1.10 A REQUIRED EXIT LEADING TO AN OEN SPACE , THE PATH OF THE EXIT TO THE ROAD MUST HAVE AN UNOBSTRUCTED WIDTH OF 1 M ( Min) This not the case where there is an obstruction to the height and width The width of the stair way is compromised by the installation of the hand rail 33

Defect There is no separation of rising and descending stair flights

Observations

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The basement car park required exit from the ground floor point of egress to a road. This is due to the barriers installed to prevent egress from the basement via the ramp and side gates The required stairway to the ground floor from the basement car park has a direct connection to the stairway to the ground floor. Comments for Discussion. The safety of the occupants is compromised in a fire situation as confusion may arise with occupants continuing passed the ground floor to the basement. Supporting Reference BCA Vol 1 2009 Section D Clause D2.4 Separation of rising and descending Stairs flights If a stairway requiring being fore isolated there must be no direct connection between a.

(i) a flight rising from the storey below and the lowest level of access to a road or open space, and

b. In a flight descending from a storey above that level. 34

Defect A step is installed at the ground floor door with egress from the building to the road. The step is approximately 45 mm in height and 90 mm width.

Observations The step part of the door sill is an obstruction to the egress from the building and can easily trip people. Comments for Discussion The step can be difficult to see and a threshold is not allowed to be impeded by a step to a length equal to the width of the door to the exit and entry side. Supporting reference BCA Vol 1 2009 Section D Clause D2.15(a) D2.15 Thresholds – a step is prohibited too close to a door – to a distance equal to the width of the door. The front entry – egress to a road has a step being sill to door. There is no need for a concession D2.15 © for weather proofing as the front door FFL is required to be 150 m above the paving to the entry FFL 49700 to paving RL 49550 Photos: 53 | P a g e

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Section E Fire and Smoke Alarms 35

Defect The smoke alarms installed to SOU are not hard wired

Observations I noticed in SOU 2,3,4 that the smoke detectors were not hired wired. Comments for Discussion Hard wiring is required for SOU and public areas for smoke detectors /alarms The safety of the occupants is compromised in a fire situation

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Supporting reference BCA Vol 1 2009 Section E Spec. E 2.2 a 3 b Power to smoke alarm systems must come from the electrical power supply to that part of the building served by the smoke alarm system And complying to AS 1668.2 Specification E 2.2(a) Smoke detection and alarm system Requirements are; A a smoke alarm system complying with Clause 3 (Spec) or B a smoke detection system complying with Clause 4 (spec) C a combination of A & B- Clause 3 within sole occupancy unit

36

Defect The air handling systems to SOU 6,7,8,9,10 transfer smoke to each other unit and to SOU 11

Observations I observed the ceiling exhaust fans installed to the ground floor units are not selfcontained, and the ducted air handling system installed to the ceiling space are vulnerable to fire damage and will allow smoke to transfer to other units systems Comments for discussion There is a danger of smoke being transferred from each of the SOU on the first floor level to the other units and to SOU 11 above Supporting reference BCA Vol 1 2009 Section E E 2.2 requires an air handling system which is not part of a smoke handling system to be designed to shut down or operate as a smoke control system as per AS 1668.1 In the event of a fire air handling systems which are not part of a smoke hazard management system to be designed and installed with strategies which a. Prevents recycled air moving from one SOU to another, OR b. Prevents the spread of smoke from one SOU to others.

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Class 2 buildings must comply with E 2.2 (b) (c) (d)

Part J Part 5 Sound Transmissions and Installation 37

Defect There is no installation of sound transmission reduction to SOU 6,7,8,9,10 and SOU 11 The Functional Statement of BCA Vol 1 2009 states the transmission of sound must be addressed to reduce the impact on the health and amenity of the occupants in each of the SOU.

Observations From the ceiling space to the ground floor SOU I noticed there was no installation of a sound barriers system. Comments for Discussion The Performance requirement of Part 5 Section J FP5.1 FP5.2 FP.3 FP .4 Refer to the requirements of sound transmission between SOU to walls, floor and service pipes. Evidence of procedures to meet the requirements to comply with BCA Vol 1 2009 were not evident. Supporting Evidence The Performance requirement of Part 5 Section J FP5.1 FP5.2 FP.3 FP .4 Specification F5.2 Deemed to satisfy Provisions

General notes Classification of Building

Class 2 SOU Class 7 garage

Vol 1 BCA 2010 Part A3 Rise in storeys

4

Vol 1 BCA 2010 C 1.2 Type of Construction

Type A

Vol 1 BCA 2010 C1.2

Vol 1 BCA 2010 C1.2

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Table C1.1

Means of egress

the greater the number of storeys above the ground the greater the perils of fire to the occupants and the buildingwhich will determine the number of exits. Part D

Part D 1

All exits must ultimately leads to open road or open space with egress off the allotment

Locate Fire Source Features Allotment boundaries to N, S & W and E far side of road Spec C1.1

C2.1

Determine the required FRL’s

Determined by Type of Construction Type A

C1.1 Specification Table 3 Protection of openings

Spandrels to external walls

Part C 3 Determining the means of

used to determine fire doors, smoke doors

Achieving FRL Spec A2.3 2 methods alternative ways RBS can approve a building Material to meet FRL Determine Required Fire Services Part E A1.2

Adoption of Standards and other references

A1.3 To list AS and other documents which are referenced by the specific clauses in the BCA A1.5 ( 1.1.5) to specify class 2 ( 7) must comply with provisions of BCA A2.2

evidence of suitability

A2.3 (1.2.3) Fire Resistance of Building Materials.

C2.6 Vertical separation of openings in external walls Type A construction The external walls require a spandrel of 900 mm vertical height and must have at least 600 mm above floor level of SOU above, for protection of openings where the opening is < 3 m to FSF Construction requires FRL of 60/60/60 of non-combustible material

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May combine horizontal projection 1100 mm 60/60/60 and 450 mm projection horizontally each side of opening. A combustible material of rendered polystyrene installed at the junction of the floor and wall. C2.7 Separation by fire Walls ( a)(i) sets out required FRL of Fire Wall C2.7 (a)(ii) requires all openings in Fire Wall to comply with Part C3 - including service penetrations C2.7 c) requires Fire Wall to be built in accordance with FRL is to extend to the underside of a roof covering OR it the building is separated by Fire Walls with different roof levels, there is no requirement to extend the fire wall to the underside of the roof of the higher roof. This requires the ceiling to the lower SOU achieve the required FRL by non-combustible material- in this case concrete slab C1.8 light weight Construction to allow light weight construction – but to comply with the required FRLs FRL Type A construction External Walls Specification C 1.1 Clause 3 Table 3 Distance to FSF > 3.0 m FRL 90/60/30 C 3.5Roof- concession Allows roofs ( covering) not to have FRL C 3.5 (c) Class 2 have a low fire load C 3.5 (d) C requires ceiling to have FRL and stop the spread of fire to the ceiling space 3.7 Protection of doorways in horizontal exits Class 2 Smoke or heat detectors required with max distance of 1.5 m from opening Specification C 3.15 Sets out details of permissible service penetrations to walls, floor, and ceiling. C 3.12 Openings in floors for services to protect to openings for services which penetrate floors of Type A construction- require fire stopping.

Section D Access and Egress D1.2 Stipulates the number of exits required A1.1.1 states exits can be a combination of

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Fire isolated stairway Fire isolated passageway Door- egress to open space or street Which can be described as a “system’

D1.3 Stipulates when fire isolated exits are required - which is a the required stairway required for evacuation of occupants and to allow fire fighting agencies access A class 2 building does not require a FIE if –they do not pass through or pass by more than 3 successive storeys This is the case with 231 High street D1.4 Exit travel Distances Class 2 building. D1.4(a)(i) require distance of travel from the SOU to a single exit to be restricted to 6 m D1.15 The measure of distance The distance is measured from the outer edge of the door jamb to the door to the stair exit doornot installed here or to the top of the first riser. The distance is greater than the allowed 6 m D1.9 (b) Type A construction with a non-fire isolated stairs the maximum distance between the doorway to any SOU and point of egress to open space is 60 m D2.9 Width of Stairways Measurement must be clear of obstructions D2.9 (a) D2.9 (a)(ii) the required width of the stairway must continue to a height of 2 m above the stair. This not the case where there is an obstruction to the height The width of the stair way is compromised by the installation of the hand rail D2.10 (a) allows the use of a ramp as a required exit with a gradient of not less than 1:8 D2.15 Thresholds – a step is prohibited too close to a door – to a distance equal to the width of the door. The front entry – egress to a road has a step being sill to door. Path of travel from car park The car park area does not allow for egress to the open road or to an open space with access to open road.

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There is a steel gate barrier to the car park entry, and the gates at the front of the building to the pathways to the side and rear are permanently locked Where egress is required from a lower level to egress to open road there must be separation in the travel upward ( from car park) from the travel downwards ( from ground level to car park) – This is to avoid confusion of a person seeking egress from ground floor level continuing to the basement car park. Section E Services and Equipment. The term “ to the degree necessary” allows discretion of the faculties required to be made by the RBS E 1.3 Fire Hydrants BCA the floor area of 500 m2 ( E1.3a) justifies the installation of a fire hydrant system in accordance with As 2419.4 Each SOU unit is considered as a Fire Compartment. However the over size of the building is greater than 600 m2 In a class 2 there is no limitation of the size and number of storeys which can be served by the fire hydrant E1.4 Fire hose reels E1.6 Portable Fire Extinguishers

Specification E 2.2(a) Smoke detection and alarm system Requirements are; A a smoke alarm system complying with Clause 3 (Spec) or B a smoke detection system complying with Clause 4 (spec) C a combination of A & B- Clause 3 within sole occupancy unit Clause 4 in areas not with SOU

Clause 3 Smoke Alarm Systems A must comply with AS3786 and be powered from consumers mains source

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Located in public corridors and other internal public spaces, located in accordance with AS 1670.1 Clause 4 Smoke detection system Must be installed in class 2 within each SOU In public corridors and other public spaces Fire detectors installed are not hard wired to SOU and public areas E 2.2 requires an air handling system which is not part of a smoke handling system to be designed to shut down or operate as a smoke control system as per AS 1668.1 In the event of a fire air handling systems which are not part of a smoke hazard management system to be designed and installed with strategies which c. Prevents recycled air moving from one SOU to another, OR d. Prevents the spread of smoke from one SOU to others. Class 2 buildings must comply with E 2.2 (b) (c) (d)

Comments As shown in the photos of the ceiling space to the units below SOU 11 has a styrene foam cladding to the external face of the wall of unit 11 abutting the ceiling space.. There is no protection to the combustible cladding from the Internal side of the ceiling space, and the styrene foam cladding does not have an appropriate FRL. The plaster clad internal walls of unit 11 abutting the ceiling space do not have an appropriate FRL separating unit 11 from the SOU directly below. The supporting steel beams in the ceiling space do not have and appropriate FRL and is exposed both from the wall and from the ceiling below which does not meet the required FRL The ceilings to the SOU’s 6,7,8,9,10 does not comply with the FRL. required The plastering installation is not an approved system to meet the required FRL Combustible materials are penetrating the ceiling space from the units below SOU 11. The internal timber wall frames from units 6-10 are load bearing the steel beams supporting unit 11, and these are exposed to fire from any of the other first floor units and from fire from unit 11 There are spaces between the plaster with internal timber wall frames top plates are exposed to fire in the ceiling space.

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The ceilings to units 6,7,8 9 and 10 have penetration opening to the ceiling plasterexhaust fans installed, ceiling lights installed, water pipe, to the ceiling and walls to unit 11 from the ceiling space, ducting to all units Smoke is able to pass from any one of these units to all of the others. To have the FRL’s comply, the fire walls of the first floor units are required to extend to the underside of the roof covering , and the perimeter walls of unit 11 to comply with FRL’s., with the steel beams and floor adequately protected with complying FRL’s

Car park The concrete beams have at various locations 909 die plastic pipe cast into the beam There is no allowance for installation of control joint between the plastic pipe and the concrete beam. Further there is no allowance in the increasing the thickness of the beam to compensate for the installation of the 90 mm pipe. Service penetrations to the car park are not smoke and fire protected.

End of Defects and Observations List: Addendum ‘C’

COMPLIANCE WITH PRACTICE NOTE 2 UNDER SECTION 158 OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 (VCAT PN2) A.

Expert’s Duty to the Tribunal I acknowledge that:An expert witness has a paramount duty to the Tribunal and not to the party retaining the expert. An expert witness has an overriding duty to assist the Tribunal on matters relevant to the expert’s experience. An expert witness is not an advocate for a party to a proceeding.

B.

Expert

Darren John Love.

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After working in the commercial building area project managing large commercial build sites for just under 10 years, which relied heavily on the application of Australian Standards, I moved over to the domestic building industry. I worked for several companies, such as “Metricon Homes”, “Just in Time” (Cameron Merit) and contracted to several smaller builders to manage their projects. Having a strong understanding of the Building Act, Regs and Australian Standards, it was decided to open Darbecca P/L and apply my working knowledge base to both the commercial and the domestic building markets. I will not be operating under the name of Darbecca but rather as a Sole Trader for this registration. Darbecca P/L currently employees two other quality inspection persons, and consults on an average 200 plus houses per month. Last year we consulted and reported on 2439 Homes in the inner Melbourne area. We have held and continue to work with some of the following of Victoria’s leading builders, such as Dennis Family Homes, Exclusive Homes, AHB Homes, Boom, Prostruct, JLF t/a Custodian Constructions, Nava Homes, 3D homes, Decor Homes, Winton Homes, Prostruct Homes and IQ Living. Darbecca P/L also inspect a large number of investment dwellings for investment companies using Devine Homes, Hermitage Homes, Orbit Homes, Glenvill Homes, Mode 3 and Cavalier Constructions. We have a strong working relationship with most builders that has been built on a mutual respect. We have a reputation of only reporting on factual items. Following on from all of this, we also consult on private works on homes such as Metricon, Henley, Simonds, Porter Davis and the like. I’m currently a Sessional Teacher at Victoria University teaching Advanced Building Studies. I have held this role for the past three years. I’m qualified to teach: The BCA Structural Principles AS 1684.2, the framing Standards As 3700, Masonry Standards AS 2870 Slab Standards Other relater domestic construction Standards Dip in Building Surveying. Adv Dip in Building Surveying. Cert IV in Training and Assessment. C.

Experts Experience to make this Report

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This matter involves the construction of a domestic residences, which I have had extensive experience in both the hands on construction and the quality control process of. I therefore believe that I am competent to provide expert opinion in relation to this matter. D.

Facts, matters and assumptions The facts and matters which I have accepted, and assumptions that I have made in the preparation of this Report, are fully detailed within it.

E.

Documents and materials I was provided with a copy of a number of the Architectural plans to assist me with my inspection and the preparation of this report.

F.

    

Reference material Building Code of Australia 1996 (BCA) and all subsequent amendments. All relevant Australian Standards. The Building Commissions Guide to Standards & Tolerances. Any relevant manufacturer’s installation manuals & guides. Building Act 1993

G.

Tests & Experiments No testing or experiments were carried out.

H.

Opinions that have not been fully researched There are none that I am currently aware of.

I.

Questions outside the Experts Expertise There are none that I am currently aware of.

J.

Practice Note VCAT 2 At the time of being retained I was aware of the contents of Practice Note VCAT 2.

K.

Expert's statements (Completeness and accuracy) I have made all the inquiries that I believe are desirable and appropriate and that no matters of significance which I regard as relevant have to my knowledge been withheld from the Tribunal.

Signed:Darren Love Ph: 0400 199 544 [email protected]

THE STANDARD TERMS & CONDITIONS THAT MY SERVICES ARE PROVIDED SUBJECT TO:1. Engagement My engagement is confined to that of a Building Consultant and not that of a Building Surveyor or Inspector as defined in the Building Act of 1993. I do not hold qualifications as an Engineers, Land Surveyors or Pest & Timber Infestation Inspector and therefore have not check and make 64 | P a g e

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no comment on:- 1/. The structural integrity of the building; 2/. The capacity and/or consistency of the sites foundation material; 3/. The correctness of the buildings footing system; 4/. The site and roof drainage systems; 5/. The title boundaries and the location of any easements and/or their assets; 6/. The buildings boundary set backs; 7/. Compliance with any requirement of Part 4, Siting, of the Building Regulations; 8/. Glazing for compliance with their codes and standards; 9/. The presents of termites & borers or at the completeness of any termite risk management procedures and barriers other than general comments; 10/. Any other requirements that are the responsibility of the above mentioned professions. 2. Assumed Finishes My inspection is carried out on the quality of the fixtures, fittings and materials as installed and presented at the time of my inspection and I rely on as fact that they have been installed in accordance with their manufacturer’s installation instructions and/or designer’s specification, including all associated and substrate works. 3. Documentation Documentation made available to me during my inspections and for use in the preparation of my correspondence and reports is only viewed on an informal basis and I make no certification that the building has been constructed in accordance with it. 4. Non-Destructive Inspection My inspection is carried out on a non-destructive basis and excludes anything that would require the removal of any fixture, fitting, cladding, insulation, sisalation, membrane, roof covering, lining material or the excavation of any soil. 5. Measurements/Levels Measurements taken during my inspections are with a standard 4 fold carpenters ruler or 8 metre steel tape; and levels with either a 900 or 2000mm long spirit level, unless otherwise stated within this report. 6. Access My inspections are limited to areas that can only be safely accessed with the standard equipment that I carry, being an 1800mm high set of aluminium steps and a 3300mm long extension ladder, and that can be readily accessed without causing me to breach any of WorkSafe Victoria’s current Code of Practices or any part of the current Occupational Health and Safety Act. 7. Services, Appliances, Plant and Equipment I do not test or check for appropriateness, capacity, correct installation & connection, certification, or completion of any service, appliances, plant and/or equipment, i.e. heaters, hot water units, air conditioners, evaporative coolers, ovens, hotplates, dishwashers, rangehoods, spa pump, smoke detectors, electrical & data wiring, duct work, gas lines, electricity supply, water supply, sewer drains, stormwater drains, agricultural drains, water tanks, solar panels, ect. 8. Copyright This report, including its layout, format, contents and presentation is the copyright of Darbecca PL. Any person, party or entity, other than the party named as the client/s on the front page hereof, that uses or relies upon this report without my expressed written permission is in breach of this copyright. 9. Client Use

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This report has been prepared for the exclusive use of the party named as the client/s on the front page hereof. Any other person, party or entity that uses or relies on this report without my written consent does so at their own risk and I accept no responsibility for such use. The party named as the client accepts that by using, referring too, forwarding or causing this report to be forwarded onto a third party, either in part or in full, that they are accepting it as the completed report and agree to make full payment when and as invoiced. 10. Report Reproduction This report cannot be reproduced in part; it must only be done so in full. 11. Reference References contained within this report to the Building Acts & Regulations, the Building Code of Australia (BCA), any Australian Standards, a Building Commissions document, a manufacturers technical data sheet or installation instruction, or any other document are neither exhaustive, complete or a substitute for the original document & are provided to facilitate the understanding of this report only. I therefore accept no responsibility for any reliance upon the part references contained within this report. 12. Exclusions a) Defects outside the scope of the client brief; b) Defects not evident by visual inspection; c) Defects in inaccessible parts of the building, including but not limited too, the roof space and sub-floor areas; d) Defects only apparent in different weather or environmental conditions as to those prevailing at the time of my inspection; e) Defects not consider significant enough to warrant any rectification work at the time of my inspection; f) Defects that would be rectified as a consequence of any other defect listed within this report; g) Defects that I consider to be Work in Progress or already clearly marked for rectification by the builder; h) Check measure of rooms, walls and the overall building, for size, height, parallel and squareness unless specifically noted; i) Landscaping, retaining walls, or any structures outside the roofline of the main building unless specifically noted; j) Enquiries of Councils, the relevant Building Surveyor and/or any Statutory Authority; k) Items that meet accepted industry practices and/or generally comply with the Performance Requirements of the BCA even if they are not strictly meeting the Deemed-to-Satisfy provisions of that document. l) Minor cracking of cornice and architrave joins; minor alignment of cupboard doors and draw fronts; minor alignment of doors and their latches as it is my considered opinion that these items are best addressed at the maintenance stage. Darren Love (Darbecca P/L) BUILDING CONSULTANTS AND QUALITY INSPECTORS ABN 12 115 961 487 PO Box 88 Bacchus Marsh 3340 Phone: 0400 199 544 Fax 03 5367 6886 Email: [email protected]

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