Cautionary tales

Cautionary tales

Clearscope Legal’s Raphael Brown looks at some recent projects where HVAC&R has been in the compliance spotlight.

Take a leisurely stroll through the annals of Australian law and you’ll stumble upon a hefty tome of compliance requirements for the HVAC&R sector. But despite this impressive list of dos and don’ts, one must wonder: are these regulations actually being enforced, or are they merely gathering dust on the shelves? 

In a recent legal update, I delved into the new engineer registration laws and questioned whether these laws are likely to be enforced in the HVAC&R sector. Based on past experience in Queensland, it seemed that states that have more recently introduced these laws (such as Victoria and NSW) will likely focus on traditional building and construction regulation rather than HVAC&R specifics. 

However, a review of recent enforcement actions by the NSW Building Commission suggests that our trusty HVAC&R systems might indeed be under the microscope. Let’s dive into the details. 

Ventilation vacation 

Our compliance tour starts with a hefty stop work order slapped on a design and construct group undertaking a residential development at Kirribilli. This order caused the entire project to grind to a halt, leaving contractors scrambling to rectify issues. On the HVAC front, the stop-work order pulled up a number of breaches of the BCA and AS 1668.2-2012: 

  • No mechanical exhaust system to the basement carpark or vehicle lift shaft 
  • Relief air openings installed too close to outside air intakes 
  • AC pipework insulation having inadequate fire hazard rating 
  • Kitchen exhaust systems fitted with non-compliant PVC ductwork. 

        Clearly, even air conditioning and mechanical exhaust got too hot to handle in this trendy little residential project! 

        Duct and cover 

        For our next stop work order, we take a trip down south on the M1 to Wollongong. This time, the heat was on fire rating compliance for the mechanical ductwork in a mixed-use retail/residential complex. NSW Building Commission inspectors pinpointed the following HVAC violations: 

        • Ductwork passing through fire-rated floors without fire dampers, in breach of the BCA, AS 1668 and AS 4254 
        • Mechanical duct wrapped with fire-rated material, but missing critical fire and smoke dampers contrary to the NCC and AS 1668. 

          The takeaway here? These HVAC systems needed more than a cooling off period – they needed a fire extinguisher! 

          Pipe dreams  

          Next, we head to a mixed-use development in the fashionable waterside suburb of Maroubra. Perched atop the building, one might expect the Building Commission inspectors to be soaking in the stunning ocean views. However, these sleuths were more interested in the refrigeration piping running to the rooftop condensers!  

          It turns out the piping was neither sealed nor insulated according to the AC provisions of the BCA. The UV protection was also non-compliant. These issues were promptly added to the list of serious defects on the Building Work Rectification Order, necessitating re-inspection and sign-off. Who knew the biggest chill in Maroubra would come from those unsuspecting, poorly insulated pipes? 

          Rusty realities 

          Our final stop takes us to the bustling city of Newcastle, and a rectification order dropped like a hot potato onto a high-profile waterfront residential apartment complex. Again, it looks like various HVAC&R requirements under the BCA were overlooked.  

          The structure supporting the air conditioning ducting was corroding, as were a range of rooftop components housing the AC equipment. Materials used were not fit for the aggressive coastal environment. Looks like the salty sea breeze did more than just rustle some leaves – it gave the HVAC fit-out that classic rusty, vintage look! 

          Final whistle 

          In summary, the NSW Building Commission’s recent actions suggest that HVAC&R compliance might be heating up a little. From botched ductwork to missing ventilation systems and corroded components, scrutiny of your work might be just around the corner. With regulations becoming more stringent and enforcement more vigilant, now is the perfect time to make sure your HVAC&R systems are up to code and fully compliant. 

          Raphael Brown

          About the author

          Raphael Brown is the founder of Clearscope Legal. He specialises in commercial law and intellectual property, and has particular expertise in legal issues affecting the HVAC&R sector. Raphael publishes a regular newsletter on legal topics relevant to HVACR&R businesses. You can sign up here: clearscopelegal.com.au/signup/ 

          Image courtesy of Building Commission NSW. 

          Ecolibrium September-October cover

          This article appears in ecolibrium’s September-October 2024 issue

          Want to read more?

          Click here to view our archive of feature articles.

          How to make money from batteries 

          How to make money from batteries 

          Craig Roussac from Buildings Alive looks at what investing in batteries can mean for building owners in Australia.Saving energy saves money and reduces greenhouse gas emissions. This fact has underpinned efficiency programs and driven investment returns for...

          Howzat for heat monitoring?! 

          Howzat for heat monitoring?! 

          Nick Johns-Wickberg discovers how a heat monitoring tool developed by the University of Sydney is playing an important role in local sport. It’s 3:46pm on a Sunday and I’m standing at fine leg in 40°C heat. I’ve just bowled my fourth over on the trot, each ball coming...

          Peak powers

          Peak powers

          Environmental consultant Alan Pears AM makes the case for energy efficiency and emissions ratings that better reflect the impacts of peak demand and seasonal variability. Assessing, rating and regulating building energy use and emissions used to be simple when we were...

          A well-deserved shout-out 

          A well-deserved shout-out 

          AIRAH has recognised the decades-long contributions of several active and engaged members at its NSW President’s Shout event. Associate director of the Institute’s NSW division committee Gary Knox, F.AIRAH, hosted the event. AIRAH President Mikaila Ganado, M.AIRAH,...

          Shining stars

          Shining stars

          The winners of the 2024 AIRAH Awards have been announced at a black-tie gala dinner held at Crown Aviary Melbourne on Thursday, November 21. The awards celebrate outstanding achievements from across Australia’s HVAC&R building services industry. Around 200 guests...

          Q&A with Anastasia Alexandrova 

          Q&A with Anastasia Alexandrova 

          Anastasia Alexandrova, M.AIRAH, was recently awarded her 10-year membership plaque at the 2024 AIRAH WA Members Lunch. We asked her to tell us a bit more about herself and what makes her tick. What is your job title?  Business Development Manager at Turner Engineering...

          Fairair

          Advertisement