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. 

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.