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Performance solutions and CodeMark Certificates

Since the introduction of NCC 2019 Amendment 1 Clause A2.2(4) on 1 July 2021 the steps required to be taken in order to submit a Performance Solution for approval changed.

This led to issues and many questions being raised regarding the use of CodeMark Certificates for approved products and building systems and whether builders, designers and manufactures needed to undertake additional analysis, assessment and documentation for acceptance of use of the product by building surveyors/certifiers.

HIA has on a number of occasions raised concerns with this duplication of process for products that had already went to the expense and time to obtain a CodeMark certification and what if any value the additional requirements of NCC 2019 clause A2.2(4) provide for acceptance of these products.

HIA made submissions to the ABCB that the provisions should not apply to products with a current and valid CodeMark certification. This is because they have already been through a rigorous process to determine that a product or a building system met the relevant Performance Requirements in obtaining their CodeMark certification.  

Pleasingly, this matter has now been addressed by the ABCB and removing the need for duplication and additional verification where a product as a current and valid CodeMark Certificates of Conformity. 

The ABCB recently issued a notice of clarification regarding the NCC provision A2.2(4) and CodeMark Certificates, which has stated: 
“when relying on a CodeMark Certificate to demonstrate that a Performance Solution complies with relevant Performance Requirements, a construction practitioner need not undertake the process in A2.2(4)”.

What does this clarification mean?

The ABCB advice means that a building practitioner does not need to undertake the additional steps in A2.2(4) (i.e. development of a performance based design brief) in the case of CodeMark certificates and permits the Building Surveyor / certifier to accept the certificate as evidence that this has taken place.

Therefore, when submitting a building approval application that involves a Performance Solution and there is an applicable CodeMark certificate that applies to a product or building system, you are using you should advise the Building Surveyor /certifier that you are using a product or building system that has a valid CodeMark certificate.

What needs to be looked for on a CodeMark certificate 

It is important to note though that in using a product that has a CodeMark certificate, the certification is only applicable for the aspects of the NCC that the certification attests compliance to. 

Ensuring that the product use is consistent with certification is critical in ensuring that the product is not being used in a non-compliant manner or in contradiction or outside the scope of its certification.  

CodeMark certificate will always have conditions and limitations on its application, and it is important that when reviewing a CodeMark certificate you always take careful note of-

  • The product name and product description (Note - often there are slight variation of products or similar products on the market). 
  • The Performance Requirements and DtS Provisions of the NCC which the product has been assessed against. 
  • Often there are several clauses or parts of clauses that may apply to a product and/or an installation in order to meet compliance.  
  • If there is a related clause not listed in the certificate, then further details on how compliance will be achieved will need to be provided.
  • The date of issue and the expiry date. A CodeMark certificate is valid for 3 years from the date of issue unless withdrawn earlier.
  • Always ensure you have the entire copy of the CodeMark certificate including all appendices as the certificate is only valid in its entirety. 
  • Always check and have a copy of the reference installation manual listed on the certificate. The reference document forms part of the approval. Noting that any up dated manuals are invalid unless specifical referenced on the certificate.
  • Any manufacturers requirements on training or installer specific limitations that may apply to the installation. These limitations may void warranties and could go as far as voiding the CodeMark certificate on your project.
  • Certificates can from time to time be withdrawn or altered, before proceeding you can check the certificate is valid from JAS-ANZ webpage.

Further information

Find out more on the ABCB advice on CodeMark certificates and application of A2.2(4).

Read further information on the new requirements for developing and documenting Performance Solutions under NCC 2019 Amendment 1.

To find out more, contact HIA’s Building Services team.

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