Operating Protocol – Referencing standards in the Building Code system

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Application

This protocol outlines the approach used to guide decisions about the referencing of New Zealand and international standards, within the Building Code system, including acceptable solutions, verification methods and the Building Product Specifications.

This protocol was developed in 2021 and will be applied in subsequent decision-making. The criteria are a guide and the specific context of a standard and the document in which it is proposed to be referenced will also need to be considered.

When to use the Protocol

This protocol is intended to support the selection of content from standards for incorporation in acceptable solutions and verification methods. It is also used to inform the selection of product standards cited in the Building Product Specifications. The information regarding requirements for inclusion in the Building Code will be a useful resource for committees when developing standards. The principles of the protocol would also apply to other types of information being considered for incorporation into the acceptable solutions, verification methods and Building Product Specifications.

Why standards are used in the Building Code system

A standard is a consensus-based technical document that sets a benchmark for how to do something. Provisions for the development and revision of standards in New Zealand are set out in the Standards and Accreditation Act 2015.

Standards are created by bringing together all relevant parties such as manufacturers, consumers and regulators of a particular material, product, process or service. All parties benefit from standardisation through increased product safety and quality as well as lower transaction costs and prices.

The standards process has been used both in New Zealand and internationally for decades, predating the current Building Code system. Standards are used to inform a number of aspects of building design, and utilise expert knowledge to consider how to ensure safety and quality in building performance.

How standards are used in the Building Code system

Standards are one of source of information that MBIE draws from when developing acceptable solutions, verification methods and the Building Product Specifications.

Section 405 of the Building Act 2004 recognises that standards may be used for this purpose, and enables a standard to be incorporated by reference into acceptable solutions, verification methods and the Building Product Specifications. Referencing a standard avoids the reproduction of detailed technical information within the document itself.

Standards may also be referenced in non-mandatory materials that seek to provide examples of good practice or in alternative solutions for complying with the Building Code. For example, for standards from overseas, MBIE publishes a list of Endorsed Standards. Endorsed Standards are the recognition of overseas groups of standards and standards certification schemes by the Minister for Building and Construction. Endorsed Standards can support Building Code compliance using an alternative solution by providing information about what standards from overseas standards organisations could be considered when specifying building products that will comply with the Building Code. This can make it easier to use building products from recognised overseas jurisdictions.

The acceptable solution, verification methods and Building Product Specifications must make reference to the specific version of any referenced standards, and it is these versions that have legal effect. If a standard is updated, the reference needs to be amended in the acceptable solution, verification method, or Building Product Specifications for the updated version to take legal effect. This process also requires public consultation, in accordance with section 409 of the Building Act 2004.

When a standard that is referenced in the acceptable solutions, verification methods, or Building Product Specifications contains references to other standards, these are commonly referred to as “secondary references” in the Building Code system. Management of these secondary references, including how to change their citation when they are updated, also needs to be considered.

Criteria to support decisions on referencing a standard in the Building Code system

The Building Act 2004 (section 25(2)) states that:

An acceptable solution or a verification method must not contain a provision that
(a) relates to contractual or commercial requirements; or
(b) relates to regulatory approvals, dispensations, or waivers; or
(c) is inconsistent with the Act or regulations.

The Building Act 2004 (section 25B(2)) also states that:

Building product specifications may include specifications for building products in relation to any of the following:
(a) manufacture
(b) fabrication
(c) testing
(d) quality control
(e) physical properties
(f) performance
(g) installation
(h) maintenance.  

In our role as the central building regulator, MBIE selects the standards content that is suitable for incorporation into the acceptable solution, verification method, and Building Product Specifications. Any content to be included should therefore also meet these tests. Alternatively, the content of the standard to be incorporated can be modified by specifying the replacement or removal of particular sections with the citation. However, this can be confusing and should be avoided when possible.

Additionally, section 405 of the Building Act 2004 also enables parts of a standard to be referenced and not just the whole document. This can be used, for example, to reference parts of a standard related to building products in the Building Product Specifications separately from parts of a standard that are better suited for referencing in an acceptable solution or verification method.

In addition to the Building Act requirements listed above, when deciding to incorporate a new or updated standard by reference in an acceptable solution or verification method, the degree to which the following criteria have been met will be considered:

• Alignment to the Building Code:

  • Technical content aligns with the Building Code's Objectives and does not duplicate or contradict them.

  • Technical content does not include key risk settings or requirements that involve a subjective decision on the minimum level of building performance. The societal cost of risks and consequences associated with minimum levels of building performance is to be considered in the development of the Building Code itself, either in regulation or acceptable solutions or verification methods, and not documents referenced within them.

  • Adherence to the standard will result in meeting the performance requirements of the part of the Building Code that the acceptable solution or verification method relates to.

  • Technical content refers to methods appropriate for the type of compliance pathway (acceptable solution or verification method) and is written to match the level of professional expertise of the intended readership. All content is written in plain English.
  • Technical content uses the same definitions and terms as those used in the Building Code, and is consistent with those used in other related standards and documentation.
• In scope: Content that goes beyond scope of the Building Code will be stated explicitly in the standard and organised into a separate part, such as an informative appendix, or excluded from the citation.
• Clear: For a standard to be suitable for the Building Code it should differentiate clearly between normative content and explanatory content. "Shall" and "must" are used for normative content requirements, "may" is used for situations permitted in the normative content. "Should" is used only for informative content statements. Standards shall not require compliance with any Building Code clause, acceptable solution or verification method (to avoid circular references).
• Specific: Content contains complete and unambiguous statements that clearly specify what is necessary to comply with the requirements, and provide no opportunity for departure from these. Requirements are expressed in precise and quantifiable terms wherever feasible.
• Implementable in New Zealand: The standard is able to be complied with in New Zealand.
• Available: The standard is publicly available (whether for free or for purchase) at the time of reference in the Building Code system.

Similarly, the degree to which the following additional criteria are met are also considered when deciding to incorporate a new or updated standard by reference into the Building Product Specifications:

• Specifications for building products: The technical content relates to the manufacture, fabrication, testing, quality control, physical properties, performance, installation, or maintenance of building products. Other types of technical content in a standard may be better suited for referencing in an acceptable solution or verification method.
• Current compliance pathways: The standard has a defined purpose that relates to Building Code compliance. This also considers whether the products covered by the standard are already used in conjunction with existing acceptable solutions or verification methods and whether the new standard provides additional options for compliance with these pathways.
• Level of performance: The standard promotes the use of building products that have an acceptable level of performance that is equivalent or better as other standards already cited in the Building Code system.
• Use overseas: The standard is used in building codes in overseas jurisdictions without a history of contributing to product failures.

These criteria apply to New Zealand and international standards, including those developed jointly by Standards New Zealand and other international standards bodies. It is recognised that for standards developed internationally, with no input from New Zealand, there is no opportunity to ensure the content meets all these criteria.

Nevertheless, to be referenced within the Building Code system, they should comply with the above to the extent that is practicable.

See Table 1 for examples of statements that do not meet these criteria, with explanations. These types of statements should be avoided in standards intended to demonstrate compliance with the Building Code.

Table 1: Examples of statements that the regulator will avoid including in its documents

Standards New Zealand provide further general information on the use of standards by regulators