Proposed Earthquake-Prone, Dangerous and Insanitary Buildings Policy 2006

This policy has been approved by Council and, as required, submitted to the Department of Building and Housing.

• Earthquake-Prone, Dangerous and Insanitary Buildings Policy

 

The information below is for the purposes of understanding the consultation process followed in approving the new policy.

Submissions to this proposed policy closed on 6 April 2006. Hearings will be held in mid May for those submitters who want to speak to Council in support of their written submission. Council will then make decisions on all submissions.

The final Policy must be in place by 31 May 2006.

• Download proposed policy

• Download policy summary

The Building Act 2004 requires all territorial authorities in New Zealand to adopt a policy on earthquake-prone, dangerous and insanitary buildings by 31 May 2006. Hamilton City Council has prepared a proposed policy and invites feedback from the public from Monday 6 March through to Thursday 6 April 2006.

The Building Act 2004 requires the policy to state:

• The approach Council will take in performing its functions under the Building Act 2004
• Council's priorities in performing those functions
• How the policy will apply to heritage buildings.

With regard to earthquake-prone buildings, the proposed policy reflects Hamilton's local economic, social and seismic conditions. It has been developed in a way that aims to balance potential health and safety benefits with economic costs.

Given Hamilton's low to moderate seismicity and the generally good standard of buildings in the city, Council's proposed policy is based on a risk management approach that requires remedial action in cases where it is determined that there is a higher risk to public health and safety. The policy proposes the following approach for earthquake-prone buildings:

• Council will carry out an initial desktop review to identify potential earthquake-prone buildings and then conduct a number of field evaluations to confirm the accuracy of the desktop review.
• Council will then instigate an implementation programme for buildings identified as potentially earthquake-prone according to a categorised list based on risk.
• Affected building owners will be notified of the requirement to undertake an engineering assessment to determine whether or not their building is earthquake-prone.
• If no assessment is submitted to Council, Council staff will contact the owner of the building to seek resolution prior to issuing a formal notice. If no resolution is achieved, or if the assessment deems the building to be earthquake-prone, Council will issue a formal notice under Section 124 of the Building Act 2004 outlining the rectification work required and the relevant timeframe for this work to be undertaken. The timeframes range to reflect the level of risk and aim to balance potential health and safety benefits with economic costs.

The policy provisions for earthquake-prone buildings do not apply to residential buildings unless they are two or more storeys high and contain three or more household units.

With regard to dangerous and insanitary buildings, the policy proposes using existing powers in the Building Act 2004 and seeks immediate or early resolution of any defect. This approach is taken due to the potential risk to public health or safety.

The proposed policy recognises the importance of Hamilton's heritage buildings, and the desire to protect the heritage value of these buildings wherever possible, without compromising public health and safety.

Copies of the policy

The proposed policy can be downloaded here:

• Proposed policy

Or is available:

• At Hamilton City Council Ground Floor Reception
• At all Council libraries within the city
• By phoning Council on 07 838 6699

For further information on the content of the proposed policy please contact:

Phil Saunders
Building Control Manager
Phone: 07 838 6541

• Email