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Update on product certification scheme

The Department would like to thank those who prepared the 53 submissions it received on Building Product Certification: discussion document (July 2005). Submissions are now closed and are being considered. They provide feedback on proposals for the product certification scheme, introduced under the Building Act 2004.

The new scheme offers support to the building industry as the range and complexity of available building products continues to grow. It provides a means to confirm that products comply with the New Zealand Building Code when used in a building.

The scheme is not compulsory and is not the only way to establish a product's conformity with the Building Code. However, product certification may be the most effective way to do this for manufacturers or distributors of a broad range of building products. A certified product that is designed, installed, used and maintained according to the information contained in the product certificate can be relied on as being compliant with the Building Code.

The proposal is for a joint scheme with Australia. Product manufacturers and marketers will be able to apply for certification in New Zealand and/or Australia.

These arrangements will mean building consent authorities will shift their focus from assessment of a product's or a building method's design and application to an assessment of whether the proposed use of that product is in accordance with the information contained on its product certificate.

With certified products having mandatory national acceptance, the scheme will provide benefits to product manufacturers and distributors. For building designers, builders and consumers the use of a certified product will give confidence that the product is capable of performing its intended function and may speed up building consent and inspection processes.

The proposals

The July 2005 discussion document set out proposals for the regulatory structure that will support the market for certified products to ensure the regime is technically robust and transparent. The proposed regulations set (a) the standards and criteria against which products seeking certification are to be assessed and (b) the information to be included on or with a product certificate.

The discussion document also set out proposals for managing responsibilities and accountabilities through regulations, memoranda of understanding and contractual agreements. This would allow the scheme to be structured in such a way that bodies with the required skill and expertise undertake, and carry liability for, the roles for which they are qualified.

There are four key groups:

  • the regulatory agency (the Department of Building and Housing) -overall management responsibility for the structure and performance of the scheme
  • the accreditation body (the Department proposes to appoint the Joint Accreditation System of Australia and New Zealand) - assessment and accreditation of certification bodies
  • product certification bodies - those with the technical skills, processes and capabilities to enable them to certify building products and methods as complying with the New Zealand Building Code
  • certificate holders - those who hold a product certificate (which could be the owner of a product, a manufacturer, an importer or a supplier) have a responsibility to ensure the certified product continues to be manufactured to the same standards, levels and quality as those against which it was certified.

It is proposed that a product certificate include the following material.

  • Product description including its trade name(s), catalogue numbers, model identification and indication of the different brand names that may be used.
  • Product identification adequate for construction site identification.
  • Product purpose or use.
  • The specific performance Clauses of the New Zealand Building Code against which the product claims conformance.
  • The full contact details of the certificate holder.
  • Scope of use of the product defining all uses and conditions for which the product is certified.
  • Conditions or limitations of certification.
  • The technical specification of the product including detailed descriptions of all individual components and accessories required by the product that are supplied and/or specified by the certificate holder and who is responsible for the supply of each item.
  • Information on how to store, transport, design, install, use and maintain the product, including any necessary skills and training.
  • The requirements of the building in which the product is to be incorporated.
  • Reference to any technical literature that forms part of the certificate.
  • Critical inspection points.
  • Mark of conformity.
  • Product certificate number.
  • Mark of the product certification accreditation body (JAS-ANZ).
  • Name of the certification body issuing the product certificate and its mark.
  • Basis of the appraisal (ie, tests used).
  • Date of issue of the certificate.

Feedback from stakeholders

Submissions came from a broad range of interest groups, including 16 manufacturers, 12 industry groups, 6 local government agencies, 7 builders or building consultants and 6 others. In addition, potential product certifiers approached the Department to discuss aspects of the scheme.

The concept of a certification scheme for building products received general support among the respondents, with building consent authorities providing the clearest support. Some submissions pressed for assessment of products against a manufacturing standard, rather than against the document's more rigorous proposal for certification against the performance requirements of the Building Code.

The discussion document proposed that certificates issued under the scheme be perpetual, subject to annual audits, with no expiry date. A few respondents suggested a date of expiry be included on the product certificate. One option may be to record the date of each audit on an attachment to the certificate to indicate the time of the next audit.

Recognising that the Building Code and its referenced Standards are likely to change over time, some submissions expressed concern at the concept of a perpetual certificate. However, the Building Act anticipates this and includes provisions to enable certification bodies to take appropriate action when the Building Code, or a Standard referenced in it, relevant to a particular product or method, is altered (section 271).

Next steps

As a final legislative step, the matters considered in the discussion document must be prescribed in regulation. This will put in place all the necessary building blocks for the scheme.

The Australian Building Codes Board launched their scheme in July 2005 and we expect that Australian-based product certification bodies will be able to extend their scope to include issuing certificates according to the New Zealand scheme rules once these have been established.

If the Department is able to keep to its current timetable it is expected that the scheme will be established in New Zealand in the first quarter of 2006.