What is the DINEX CodeMark Certificate all about?

Common questions and answers:

• A. What is the legal basis to the certificate?
• B. What does the DINEX certificate cover?
• C. What does Section 9 – “Supporting Documents for Certification” mean for the DINEX Certificate, and how should they be considered?
• D. How does the DINEX Certificate fit into the Consenting framework?
• E. How do you know the process is being followed and is correct?
• F. How do I know that the design contains products, systems and details that comply with the building code?
• G. What sort of buildings does the certificate cover?
• H. Do DINEX obtain a PIM before applying for the consent?
• I. What does the BCA have to do when it has a building consent with this certificate?
• J. What is the BCA liability if things go wrong and the buildings fail?
• K. Is restricted building work still involved?
• L. Should I ask for a producer statement?
• M. Reports from Geotechnical or other Engineers?
• N. Do we need to ask for other information?
• O. Does a BCA need to still inspect the building?
• P. What do I do if I have concerns with the Certificate?
• Q. How should changes to the Consent be processed?

A. What is the legal basis to the certificate?

The DINEX Certificate of Conformity (“DINEX Certificate”) is issued via the Product Certification Accreditation Scheme pursuant to sections 263 to 272 of the Building Act 2004 (“the Act”). The operating name of the product certification scheme is CodeMark. The Building (Product Certification) Regulations outlines more specific criteria and standards for accreditation of certification bodies and certification of building methods or products.

Section 20 of the Act defines “building methods or products” as those items with current certification, including the following:

• building methods
• methods of construction
• building design
• building materials

B. What does the DINEX certificate cover?

The DINEX Certificate controls the DINEX building design method, including the design processes that DINEX use to design buildings and associated foundations, garages, retaining walls, decks and fencing. Their entire design process is documented and audited within a controlled Quality Plan to ensure all building design produced will comply with the Building Code. The building design processes, including controls on design decisions (e.g. product selection etc.), are rule based ensuring the “plans and specifications” issued will only have the Codemark logo attached if the audited design process has been completely followed.

C. What does Section 9 – “Supporting Documents for Certification” mean for the DINEX Certificate, and how should they be considered?

The DINEX CodeMark Certificate refers to the various Acceptable Solutions and Verification Methods that are relied upon during the design process. All reference made to any Acceptable Solutions and Verification Methods is in accordance with the Quality Assurance protocols which means the full title of each is referred to.

If any Acceptable Solutions or Verification Methods are updated due to MBIE making changes to the Building Code or Building Performance Requirements then the Certificate will be updated to reflect those changes. If the Certificate has not been updated due to a change in Performance Standard prior to any Annual Audit or the like, provided the specific CodeMark Certificate is still within the MBIE Product Register then that Certificate is deemed to still be current and compliant.

If any Council or Third party notice any updated Acceptable Solutions or Verification Methods are not referenced on the Certificate, and are relevant to any buildings that is covered by the DINEX Design, then you can contact DINEX to discuss. IT is likely it will be noted for the next Audit process and Certificate change to be made at that Audit.

D. How does the DINEX Certificate fit into the Consenting framework?

The DINEX Building Design Method forms the framework on which the DINEX Certificate was accredited and thus it is deemed a “building design” certificate, in accordance with section 20 of the Act. The certification was assessed and accredited through an audit process undertaken initially by AsureQuality, a New Zealand State Owned Enterprise, being a JAS-ANZ approved CodeMark Certification Body.

Bureau Veritas Austalia Pty Ltd (“Bureau Veritas”) are the current Product Certification Body that monitor DINEX CodeMark Certificate. Bureau Veritas have a statutory obligation to continue to audit the DINEX Certifcate, its Building Design Methodology and Processes on an annual basis. Any changes to the DINEX building design methodology and processes must be approved by Bureau Veritas prior to implementation.

When a BCA receives a Building Consent Application pursuant to the DINEX CodeMark Certificate indicates the Building Code check has already been completed and thus this check is not needed by the BCA within their consenting processes.

E. How do you know the process is being followed and is correct?

Apart from the on-going monitoring by Bureau Veritas one of the conditions on the certificate is that DINEX issue a design summary/declaration with each consent application confirming that the conditions on the Certificate have been met with this design.

Supporting documents, such as the Plans, Specifications and Design Summary/Declaration will have the CodeMark Logo on them.

F. How do I know that the design contains products, systems and details that comply with the building code?

The controlled design process also includes the procedures for the selection of products, details and systems. The criteria for selection being Code compliance. The audited procedural rules mean that the Codemark logo cannot be applied to the plans and specifications unless products, details and systems within the plans and specifications have been through the DINEX Methodology compliance process. Once approved all products, details and systems are located on the relevant DINEX register.

G. What sort of buildings does the certificate cover?

The certificate covers buildings for the following Classified uses as defined in Clause A1 of the Building Code:

• Housing
• Communal Residential
• Outbuildings (limited to garages and carports)
• Ancillary (limited to retaining walls, fences, free standing outdoor fireplace, and detached decking and pergolas)

as long as the building is less than 10 m high and has a E2/AS1 risk score less than 20. It also covers all the NZ environmental conditions (seismic, snow, wind and corrosion exposure zones).

NOTE: Swimming Pool design and fencing of swimming pools are excluded.

H. Do DINEX obtain a PIM before applying for the consent?

DINEX does not normally obtain a PIM before the consent is applied for. PIM Information is sourced through alternative means such as “Landonline”, subdivision developers and planners, District Planning Rules and Expert Reports.

It is important for BCA’s to remember that a PIM is a voluntary not a mandatory part of the Building Control Process, see sections 31 & 32 of the Building Act. A PIM does not form part of the DINEX Certification accreditation requirements.

I. What does the BCA have to do when it has a building consent with this certificate?

The role of the BCA is not to make a code compliance decision as with normal consent applications but in these cases, the BCA has to be satisfied that:

• The certificate is current;
• The building is within the scope of the certificate;
• The building is within the conditions and limitations of the certificate.
• The application includes a signed design summary declaration.

J. What is the BCA liability if things go wrong and the buildings fail?

Under Section 392 of the Act no civil proceedings may be brought against a building consent authority for anything done or omitted to be done in good faith in reliance on any of the following documents:

“(c)…..a current product certificate..”

As part of the requirement to be a certification body is the need to have adequate insurance to cover risks associated with certification.

K. Is restricted building work still involved?

Yes. The DINEX CodeMark Certificate does not change the requirement that those doing the design work, which is restricted building work, are to provide a design memorandums with the building consent application. Similarly, for those doing the foundation, structural or retaining wall designs.

L. Should I ask for a producer statement?

No, a producer statement (PS1) is a statement from a recognised professional that a design will comply with the Building Code. As the compliance with the Building Code decision has been made through the Certified process there is no need for a producer statement or similar to support the decision-all you need is to ensure that the conditions of the Certificate are met.

M. Reports from Geotechnical or other Engineers?

In most building consent applications, the report from the geotechnical engineers are provided. These do not have the Codemark logo attached since the geotechnical engineering is not covered by the certified and audited system.

However, the structural engineering is, and under the audited system the structural engineers are required to use the input provided by geotechnical engineers without modification.

N. Do we need to ask for other information?

No, the DINEX CodeMark system holds all necessary documents – like a BCA would do on a ‘normal’ Building Consent application.

Manufacturers information for products / systems that are approved under the CodeMark Certification that require “the latest version” to be followed at time of installation or construction will not be supplied, and this will be specified in the specification.

Information not supplied at time of building consent application will be installed or constructed to and the installer or construction will supply the appropriate PS3 or PS4 at time of inspection approval, so that full records are located on the Council File or a Code of Compliance.

As the compliance with the Building Code decision has been made through the Certified process there is no need for a this information to be held on the Council records.

O. Does a BCA need to still inspect the building?

As the Certificate only covers the design process and therefore is a means of compliance with the Consent decision, the BCA still needs to be satisfied that the constructed building complies with the “plans and specifications” before issuing the Code Compliance Certificate. Inspections are one way of getting the information to make this decision.

P. What do I do if I have concerns with the Certificate?

If you have concerns; the first step is approach DINEX, if not satisfied with their response the next step is to contact Bureau Veritas and if you still are not satisfied the final step is to approach JAS-ANZ.

Q. How should changes to the Consent be processed?

The certified process also covers changes to the post consent design. Where a change is made that is within the scope of the Certificate, a DINEX Design Summary-Post Consent Change declaration is issued that confirms that "The post consent changed plans and specifications have been prepared in accordance with the DINEX Building Design Method” In these instances all the BCA need do is acknowledge and process the change at an administrative level as no compliance decision needs to be made.

Changes where a Declaration is not issued means that the change is not within the scope of the Certificate. In these instances, they are to be treated as either a minor variation or Amendment as appropriate.

Changes which involve matters which impact on the Resource Consent are all applied for as an Amendment.

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