Cladding – New Approval Requirements in NSW

28 September 2018

Reliance on CodeMark Certificates will no longer be enough. New requirements come into effect on 22 October 2018 requiring certain performance solutions for external cladding in class 2 to 9 buildings of Type A and B construction to be referred to the NSW Fire and Rescue.

The EPA Regulation (Identification of Buildings with External Combustible Cladding) can be found here

Under the provisions of clause 144, a performance solution which does not comply with CV3 in its entirety must be referred to the NSWFR. CV3 requires:

  • Compliance with AS 5113;
  • Sprinklers throughout the building;
  • Cavity barriers.

The concern is that the traditional aluminium composite panels (ACP) have been tested to AS 5113 which is a large scale façade test and they fail for various reasons. Therefore, compliance with CV3 cannot be achieved. For a certifier to rely on a CodeMark Certificate which references compliance with the performance requirements of the BCA, there must be a performance solution prepared by an accredited C10 Fire Safety Engineer and the report referred to the NSWFR for their consideration and concurrence. It should be noted that Part A2.2 of the BCA states a CodeMark Certificate can be relied upon as evidence to support a performance solution, it is not a performance solution in its own right.

While ACP’s with 70% or more of mineral fibre are not affected by the recently introduced product ban in NSW, most have CodeMark Certificates referencing compliance with the performance requirements of the BCA, and therefore their use on buildings can no longer be assumed to be a given.

Any building approvals from 22 October 2018 for the affected ACP’s where it is not proposed (or not possible) to comply with CV3 will require:

  • A1 certifier with no restrictions with respect to performance;
  • C10 Fire safety Engineer;
  • Referral to the NSWFR

BCA Logic are able to provide advice in relation to this complex issue and provide advice and options with respect to the suitable selection of cladding materials.

Please email your enquiries through to