The installation of External Fittings is regulated by the National Construction Code (NCC), which has recently been amended to address concerns about fire safety in high-rise buildings.
Under the Queensland legislation the NCC prohibits the use of External Fittings which are not non-combustible above the first storey of a building (in the absence of a performance solution), arguably External Fittings are not fit for use in Queensland on buildings above the first storey. This means that any person in the supply chain that proposes the use of External Fittings for that purpose (in the absence of a performance solution) may be in breach of the QBCC Act.
Under the New South Wales legislation, a person may use a building product without being in breach unless the building product is the subject of a building product ban. A building product may incur a building product ban if it is unsafe.
The laws in Queensland and New South Wales (in addition to the amendments to the NCC introduced in May 2019) have been introduced to give greater certainty around the safety and intended use of building products and greater powers to statutory bodies to enforce and impose penalties for contraventions of these laws. The penalties vary depending on the offence and also for corporations and individuals but they range from $6,500 up to $1,100,000 and can include 2 years imprisonment in New South Wales.
The Blind Manufacturers™ Association of Australia (BMAA) is the industry association that represents the suppliers, retailers & manufacturers of internal products & external awnings, blinds, canopies or sunshades, as well as fabric & component suppliers, throughout Australia. The BMAA is assisting its members in the development of understanding & solutions to ensure the members meet the requirements of the regulations. Please get in touch with the BMAA if you wish to become a member. www.bmaa.net.au
Intex Concepts will supply products to its clients based on its understanding that the product & the installation of the product has been investigated by the customer & the customer has made steps to ensure the installation & product meet the requirements of the NCC. Intex Concepts will supply product where the purchaser warrants that the product will not be used above the first floor of a building unless in accordance with the National Construction Code. Please note the above information is not legal advice & you should always obtain independent advice on all legal matters.