More Heat on HVAC&R Compliance

Last time, we discussed how HVAC&R compliance might be gaining more attention in NSW. The post resonated with our blog subscribers, and it even got a feature in HVAC&R News – thanks, AIRAH!

This time, we’re diving back into the activities of NSW regulators in the HVAC&R space. Unlike our previous case studies, this enforcement action didn’t start with inspectors banging on the door. Instead, it was sparked by a private expert report commissioned by an owner’s corporation, which eventually found its way to the NSW Building Commission.

Today, we’re examining a Building Work Rectification Order for a project in Mittagong. What’s interesting here is how the HVAC&R aspects ended up in the spotlight – even though the bulk of the complaints were more about structural issues. But once the Commission’s curiosity was piqued, they started digging deeper, and that’s when things got a bit too hot to handle for the HVAC work on-site.

No Ventilation, No Excuse

The first red flag on the HVAC&R radar was the fire hydrant pump room in the basement carpark – completely lacking a ventilation system. None. Zilch. This wasn’t just a minor oversight, it was a major issue. Ventilation in these rooms is crucial for ensuring that fire safety equipment operates properly. The Building Code of Australia (BCA) and Australian Standard AS1668.2 lay down the law on this. Without proper ventilation, harmful fumes can build up, potentially compromising life-saving equipment. Not exactly what you want in a fire emergency, right?

Exhausting All the Wrong Options

Next up was a mechanical exhaust vent pipe that was, well, venting in all the wrong places. This pipe was positioned at ground level, right below a natural ventilation window of an apartment—not exactly what AS 1668 calls for. For the aficionados out there, see section 3.10 of the standard, which, with all its poetic flair, states:

“All exhaust air shall be discharged to atmosphere in such a manner as not to cause danger or nuisance to occupants in the building, occupants of neighboring buildings, or members of the public.”

Imagine exhaust fumes wafting into someone’s living room – not exactly a breath of fresh air. And placing the vent at ground level? That just ups the ante, making it a hazard for anyone walking by. Talk about a recipe for trouble.

Legal Rebuttals: A Risky Game

When the findings came to light, the developer tried to push back with some legal manoeuvres. Unfortunately, their strategy turned out to be more of a hot air balloon than a solid defence.

First, they argued that an Occupation Certificate and associated certifications (like fire safety and essential services) had been granted when construction was completed – and none of these had flagged the defects now under scrutiny. But this argument deflated faster than a poorly installed duct. The Commission was quick to point out that just because everything passed muster at the finish line doesn’t mean defects won’t be discovered down the road.

Next, the developer decided to challenge the qualifications of the inspectors who identified the defects, claiming they didn’t have the necessary credentials under various NSW regulations. But this line of attack fell flat, too. The Commission noted that the qualifications the developer was harping on about weren’t actually required.

In the end, their legal arguments didn’t hold water – probably because they weren’t equipped with the right specialized advice. When it comes to HVAC&R issues, especially those tied to safety, you need airtight legal guidance.

Wrapping It Up: Keep Your HVAC House in Order

The takeaways? If you’re in the HVAC&R game, be prepared – your work could come under scrutiny at any time, even if the original focus is on something else. The NSW Building Commission’s actions suggest that HVAC&R might have moved off the backburner.

So stay on top of compliance. Ensure your work meets the BCA, Australian Standards and industry regulations, and take any flagged issues seriously. And if a legal challenge is on the horizon, make sure you have the right experts on your side.

Interested in some FREE advice on your HVAC&R compliance?

We’re experts in the field and are ready to help. Reach out and we’ll line up a free initial consultation. Simply contact us via our online enquiry form, by calling on 03 8683 5645 or by emailing us at [email protected]