Australind building surveying company Tecon Australia Pty Ltd (reg. BSC18) and its director and nominated supervisor, Kim Lawrence Rowland (reg. BSP240), have been cautioned by the Building Services Board for negligent conduct under the Building Services (Registration) Act 2011.
The Board found Tecon Australia and Mr Rowland were negligent in issuing a Certificate of Design Compliance (CDC) for the construction of a training centre and associated accommodation building in the West Kimberley in September 2013, without sufficient information to establish if the proposed building work complied with the applicable building standards. By issuing the CDC, the company and its director attested that the proposed building’s design complied with the applicable building standards.
When a certified building permit application for the project was submitted to the Shire of Derby/West Kimberley in January 2014, the Shire formed the view that the CDC was deficient due to the absence of crucial information.
In February 2014, the Shire lodged a disciplinary complaint with the Building Commission against the company and its director and nominated supervisor. The Commission found the Shire’s concerns regarding the CDC to be justified and referred the matter to the Board.
The Board determined that the documentation relied upon in issuing the certificate was either insufficient or absent in the areas of soil classification, slab design, structural design, lodgement of documents with the Department of Fire and Emergency Services, confirmation of site levels, storm water (surface water), energy efficiency and laundry facilities.
In determining the penalty to be imposed, the Board considered that while deficiencies in referenced design documentation are a serious matter, the issuing of a caution was appropriate in this instance due to the company’s cooperation with the Building Commission and assurance of future compliance.
“The company, in its failure to be satisfied that the documentation met the declarations made on the Certificate of Design Compliance, has not performed to the standard we expect of a registered building surveyor,” Building Commissioner Peter Gow said.
“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”
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