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Recent changes to the National Construction Code promulgated by the Australian Building Codes Board (ABCB) in 2018, and incorporated into the new May 2019 update, effectively prohibit the installation of awnings and blinds on the upper floors of Class Two through Nine Buildings.
These building classes include multi-storey residences and basically any commercial building.
The Blind Manufacturers Association commissioned legal advice which confirms this interpretation of the new regulations. The advice also pointed out some legal loopholes that would allow installation on upper floors, however it was unlikely these would be recognised by a building certifier in the current climate.
“The legality of attachment to elements of a building façade is open to interpretation by a building certifier, but such an opinion is subjective, and in this respect members run the risk of not achieving compliance, with all the subsequent liability risk this entails,” the advice states.
ABCB rejected a BMAA submission in November 2018 which called for a change to the proposed NCC 2019, namely the removal of the “ground floor only” requirement requesting additional information including:
The BMAA has also consulted with AWTA Testing and the CSIRO, and confirmed that, because of the nature of the AS 1530 pt 1 test, the fabrics typically used in Awning and Blinds cannot meet the “noncombustible” requirements of that standard.
As a result, the BMAA has commissioned registered fire engineer, Benjamin Hughes-Brown of Ignis Consulting, to prepare a “Performance Solution” report, which has two objectives. First, to provide the detailed technical data sufficient to convince a certifier that awnings and blinds do not constitute a risk of contributing to the Spread of Flame across a building facade; and secondly, to underpin a “case for change” to the ABCB to remove the ground floor restriction from the “non- combustibility” exemption (i.e. clause C1.14 (i)), which currently applies to the use of awnings and blinds.
The report will be founded on full scale fire tests undertaken to AS 5113, on awning and blind attachments to a three-storey façade, using typical designs and commonly used fabrics, namely an acrylic awning fabric, a PVC coated Blind mesh, and PVC shutters. The results will be correlated with other smaller scale fire tests such as AS 1530 pt III, to demonstrate the universality of the conclusions. The industry is aware that likefor-like fabrics will perform similarly when tested, but it is imperative that the specific brands and their specifications are included in the report, so that the validity of generalisation can be demonstrated.
The BMAA is collecting the information required, and asks members to provide the specification for the materials that are supplied or used in the manufacture external products; plus copies of any fire test certificates.
WFA has also seen copies of draft legal advice that highlights the potential liability of suppliers and manufacturers of external fittings under Commonwealth, Queensland and New South Wales legislation.
“The major hurdle for the BMAA and its members in complying with these new laws is that the External Fittings (if installed above the first story) do not, on the face of it, comply with the NCC as recently amended,” the drafted advice states.
“We recommend that the BMAA explore a suitable performance solution which can be recommended to members of the BMAA or continue discussions to amend the NCC prior to the next release in 2022.”
