Promoting Performance-Based Building Code Compliance in New Zealand
Publication: Journal of Performance of Constructed Facilities
Volume 35, Issue 4
Abstract
Building codes are mandatory documents that should be followed in all building constructions and related works. However, building code compliance requires encouraging building code users and easing the compliance process, as the building code provisions, standards, and compliance documents change over time and could presents challenges in applying the building code requirements, even though building code amendments help to improve the built environment resilience and enhance innovative techniques. This study aims to identify and explore factors that could promote and encourage building code compliance, considering regular changes in the building code, standards and compliance documents. A close-ended questionnaire survey was used for data collection for this study to measure participants’ opinions about improving and encouraging building code compliance in New Zealand. The questionnaire participants included structural engineers, project managers, geotechnical engineers, local authorities, academic/researchers, licensed building officials, building contractors, architects, and building and consulting engineers. A five-point scale was used in the questionnaire, and the obtained data were analyzed. The findings reveal that reduced bureaucracy, incentives, technical assistance, and regular monitoring and inspection without notice encourages compliance in New Zealand. Also, the study identified transparency as a primary driver of building code compliance in New Zealand. Analysis implies that there is no significant difference among the criteria used in assessing the factors that encourage and drive building code compliance. Findings in this study suggest that proactive collaboration among the relevant stakeholders could be essential to encourage a building code compliance culture and, for policymakers, to improve on inclusiveness during the building code amendment process.
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Data Availability Statement
Some or all of the data, models, or code that support the findings of this study are available from the corresponding author upon reasonable request.
References
Adamy, A., and A. H. Abu Bakar. 2018. “Developing a building-performance evaluation framework for post-disaster reconstruction: The case of hospital buildings in Aceh, Indonesia.” Int. J. Constr. Manage. 21 (1): 56–77. https://doi.org/10.1080/15623599.2018.1506903.
Ahmed, I., T. Gajendran, G. Brewer, K. Maund, J. von Meding, and J. MacKee. 2018. “Compliance to building codes for disaster resilience: Bangladesh and Nepal.” Procedia Eng. 212 (Jan): 986–993. https://doi.org/10.1016/j.proeng.2018.01.127.
Ainuddin, S., U. Mukhtar, and S. Ainuddin. 2014. “Public perception about enforcement of building codes as risk reduction strategy for seismic safety in Quetta, Baluchistan.” Int. J. Disaster Risk Reduct. 9 (Sep): 99–106. https://doi.org/10.1016/j.ijdrr.2014.04.007.
Anwar, N., A. H. Aliani, and W. Amatyakul. 2012. Integrating environmental sustainability and disaster resilience in building codes. Bangkok, Thailand: United Nations Economic and Social Commission for Asia and Pacific.
APN (Asia-Pacific Network for Global Change Research). 2017. “Understanding the opportunities and challenges of compliance to safe building codes for disaster resilience in South Asia.” Accessed September 21, 2020. https://www.preventionweb.net/files/62325_crrp201709syahmedfinalreport3.pdf.
Baiche, B., N. Walliman, and R. Ogden. 2006. “Compliance with building regulations in England and Wales.” Struct. Surv. 24 (4): 279–299. https://doi.org/10.1108/02630800610704427.
Burby, R., and P. May. 2000. “Issues for regulatory enforcement and compliance with building codes: American perspectives.” In Proc., 12th World Conf. on Earthquake Engineering. Upper Hutt, New Zealand: New Zealand Society for Earthquake Engineering.
Charytonowicz, J., and C. Falcão. 2018. “Advances in Human Factors, Sustainable Urban Planning and Infrastructure.” In Proc., AHFE 2018 Int. Conf. on Human Factors, Sustainable Urban Planning and Infrastructure. Berlin: Springer.
Dawes, J. 2008. “Do data characteristics change according to the number of scale points used? An experiment using 5-point, 7-point and 10-point scales.” Int. J. Market Res. 50 (1): 61–104. https://doi.org/10.1177/147078530805000106.
DBH (Department of Building and Housing). 2010. “Using the product assurance framework to support building code compliance: A guide for manufacturers and suppliers of building products.” Accessed April 2, 2010. https://1library.net/document/qojw18mz-assurance-framework-building-compliance-manufacturers-suppliers-building-products.html.
DeFriez, C. 2014. “How code complexity harms our profession: Part 2.” Accessed March 3, 2020. https://www.structuremag.org/wp-content/uploads/2014/08/D-StrucForum-Defriez-Sept141.pdf.
Duncan, J. 2005. “Performance-based building: Lessons from implementation in New Zealand.” Build. Res. Inf. 33 (2): 120–127. https://doi.org/10.1080/09613210412331313007.
Duncan, J. R. 2000. Meeting society and user needs for a built environment. Judgeford, New Zealand: BRANZ.
Duncan, J. R. 2002. “Innovation in the building sector: Trends and new technologies.” In Proc., Technical Conf. of the Institution of Professional Engineers of New Zealand, Building Research. Wellington, New Zealand: Association of New Zealand.
Easterby-Smith, M., R. Thorpe, P. R. Jackson, and L. J. Jaspersen. 2018. Management and business research. 6th ed. London: SAGE.
FEMA. 1998. Promoting the adoption and enforcement of seismic building codes: A guidebook for state earthquake and mitigation managers. Washington, DC: FEMA.
Gliem, J. A., and R. R. Gliem. 2003. Calculating, interpreting, and reporting Cronbach’s alpha reliability coefficient for Likert-type scales. Columbus, OH: ScholarWorks.
Hunn, D., I. Bond, and D. Kernohan. 2002. “Report of the overview group on the weathertightness of buildings to the building industry authority.” Accessed October 31, 2002. https://fyi.org.nz/request/12275/response/46795/attach/html/4/The%20Overview%20Group%20on%20the%20Weathertightness%20of%20Buildings%20Addendum%20Section%203.pdf.html.
Jackson, E. 2013. “Choosing a methodology: Philosophical underpinning.” Pract. Res. Higher Educ. 7 (1): 49–62.
Jones, S., and V. Vasvani. 2017. “Compliance with the building byelaws and earthquake safety in urban areas of Bihar: Progress, constraints and challenges.” Environ. Hazards 16 (4): 345–362. https://doi.org/10.1080/17477891.2017.1314246.
Levi-Faur, D. 2011. “The regulatory state and regulatory capitalism: An institutional perspective.” Chap. 48 in Handbook on the politics of regulation, edited by D. Levi-Faur. Surrey, UK: Edward Elgar.
Margaret, L. 1988. “Of rule and revenue.” Berkeley, CA: University of California Press.
Maria, G. 2018. “Less bureaucracy, more safety: Overhauling the system that led to Grenfell.” Accessed March 17, 2020. https://www.building.co.uk/communities/less-bureaucracy-more-safety-overhauling-the-system-that-led-to-grenfell/5091778.article.
May, P. J. 2003. “Performance-based regulation and regulatory regimes: The saga of leaky buildings.” Law Policy 25 (4): 381–401. https://doi.org/10.1111/j.0265-8240.2003.00155.x.
May, P. J. 2004. “Compliance motivations: Affirmative and negative bases.” Law Soc. Rev. 38 (1): 41–68. https://doi.org/10.1111/j.0023-9216.2004.03801002.x.
MBIE. 2006. “Regulation 7—Performing building control functions.” Accessed March 31, 2020. https://www.building.govt.nz/building-officials/bca-accreditation/detailed-regulatory-guidance/7-perform-building-control-functions/.
MBIE. 2016a. “Compliance schedules.” Accessed March 23, 2020. https://www.building.govt.nz/projects-and-consents/sign-off-and-maintenance/completing-your-project/compliance-schedules/.
MBIE. 2016b. “Practice advisory 16: Quality assurance in design and construction.” Accessed March 21, 2020. https://www.building.govt.nz/building-code-compliance/b-stability/b1-structure/practice-advisory-16/.
MBIE. 2016c. “Showing your products comply with the building code.” Accessed March 31, 2020. https://www.building.govt.nz/building-code-compliance/product-assurance-and-multiproof/product-assurance/products-and-building-code-compliance/.
MBIE. 2017a. “Change of use, alterations and extension of life.” Accessed March 17, 2020. https://www.building.govt.nz/managing-buildings/change-of-use-and-alterations/.
MBIE. 2017b. “Regulation 5—Requirements for policies, procedures and systems.” Accessed March 31, 2020. https://www.building.govt.nz/building-officials/bca-accreditation/detailed-regulatory-guidance/5-requirements-policies-procedures-systems/.
MBIE. 2017c. “Regulation 13—Ensuring technical leadership.” Accessed March 18, 2020. https://www.building.govt.nz/building-officials/bca-accreditation/detailed-regulatory-guidance/13-technical-leadership/.
MBIE. 2018. “Smarter compliance pathways.” Accessed January 26, 2020. https://webcache.googleusercontent.com/search?q=cache:M5HKjS3QaCcJ:https://www.mbie.govt.nz/dmsdocument/4330-smarter-compliance-pathways-summary-of-findings+&cd=1&hl=en&ct=clnk&gl=nz.
MBIE. 2020. “Have your say on Building Code amendments- consultation opens 17 February.” Accessed February 17, 2020. https://www.building.govt.nz/about-building-performance/all-news-and-updates/have-your-say-on-building-code-amendments-consultation-opens-17-february/.
McLean, J. S. 2017. “Navigational complexity within building codes.” Ph.D. thesis, Dept. of Mechanical Engineering, Univ. of Vermont.
Meacham, B. 2008. “Performance requirements and acceptance criteria for safety in case of fire.” Accessed September 10, 2019. https://www.ircc.info/new%20page/Workshops/Documents/Austria2007_reportIRCC_workshop.pdf.
Meacham, B. J. 2010. “Accommodating innovation in building regulation: Lessons and challenges.” Build. Res. Inf. 38 (6): 686–698. https://doi.org/10.1080/09613218.2010.505380.
Meres, R., J. Sigmon, M. DeWein, K. Garrett, and J. Brown. 2012. “Successful strategies for improving compliance with building energy codes.” Accessed November 12, 2019. https://www.aceee.org/files/proceedings/2012/data/papers/0193-000112.pdf.
Mills, M. 2010. “Regulatory impact assessment.” Accessed February 27, 2020. https://treasury.govt.nz/sites/default/files/2017-01/ris-dbh-bar2-jul10.pdf.
Moon, K., and D. Blackman. 2017. “A guide to ontology, epistemology, and philosophical perspectives for interdisciplinary researchers.” In Integration and Implementation Insights. Canberra, Australia: i2Insights. https://i2insights.org/2017/05/02/philosophy-for-interdisciplinarity/.
Moullier, T. 2014. Improving building code implementation and compliance for more resilient buildings in developing countries: Considerations for policy makers. Washington DC: Global Facility for Disaster Risk Reduction.
Mumford, P. J. 2010. “Enhancing performance-based regulation: Lessons from New Zealand’s building control system.” Ph.D. thesis, School of Government, Victoria Univ.
Murphy, K. 2017. “Procedural justice and its role in promoting voluntary compliance.” Chap. 3 in Regulatory theory: Foundations and application, 43–58. Canberra, Austarlia: Australian National University Press.
Neuman, W. L. 2014. Social research methods: Qualitative and quantitative approaches. Pearson New International edition. London: Pearson Education.
Nicole, B. 2017. “Epistemology.” Accessed March 12, 2020. https://www.nicole-brown.co.uk/epistemology/.
Nwadike, A., and S. Wilkinson. 2020a. “Challenges facing building code compliance in New Zealand.” Int. J. Constr. Manage. 2020 (Sep): 1–11. https://doi.org/10.1080/15623599.2020.1801336.
Nwadike, A., and S. Wilkinson. 2020b. “Impacts of innovation in performance-based building code.” In Proc., NZSEE 2020 Annual Technical Conf. Wellington, New Zealand: New Zealand Society of Earthquake Engineers.
Nwadike, A., S. Wilkinson, and C. Clifton. 2019a. “Comparative insight on building code paradigm shift practice and updates: International perspectives.” In Proc., 4th Int. Conf. on Civil, Structural and Transportation Engineering. Orléans, Canada: Avestia Publishing. https://doi.org/10.11159/ICCSTE19.143.
Nwadike, A., S. Wilkinson, and C. Clifton. 2019b. “Improving disaster resilience through effective building code compliance.” In Proc., 9th Int. i-Rec Conf. 2019. Montreal: Universite de Montreal. https://www.researchgate.net/publication/339230717_Improving_disaster_resilience_through_effective_building_code_compliance.
Nwadike, A. N., and S. Wilkinson. 2021. “Why amending building codes? An investigation of the benefits of regular building code amendment in New Zealand.” Int. J. Build. Pathol. Adaptat. https://doi.org/10.1108/IJBPA-08-2020-0068.
Offei-Nketiah, J. K., T. E. Kwofie, and D. Y. A. Duah. 2019. “Regulatory distress: Architects’ perspective on enforcement of building regulations in Ghana.” In Proc., Construction Industry Development Board Postgraduate Research Conf. New York: Springer. https://doi.org/10.1007/978-3-030-26528-1_23.
Oladinrin, T., and C. Ho. 2015. “Barriers to effective implementation of ethical codes in construction organizations: An empirical investigation.” Int. J. Constr. Manage. 15 (2): 117–125. https://doi.org/10.1080/15623599.2015.1033816.
Roshchanka, V., and M. Evans. 2016. “Overview of stakeholders participation in adoption & implementation of building energy codes.” Pacific Northwest National Laboratory (webinar). Accessed November 22, 2019. https://cleanenergysolutions.org/sites/default/files/documents/codesstakeholders_webinar-nov30-v5.pdf.
Scholz, J. T. 1994. “Managing regulatory enforcement in the United States.” In Handbook of regulation and administrative law, edited by D. H. Rosenbloom and R. D. Schwartz, 423–463. Boca Raton, FL: CRC Press.
Spence, R. 2004. “Risk and regulation: Can improved government action reduce the impacts of natural disasters?” Build. Res. Inf. 32 (5): 391–402. https://doi.org/10.1080/0961321042000221043.
Stefan, D. 2019. “10 advantages and disadvantages of questionnaires.” SurveyAnyplace (blog). Accessed April 1, 2020. https://surveyanyplace.com/questionnaire-pros-and-cons/.
Windapo, A. O., and K. Cattell. 2010. “A study of building contractors’ compliance with national building regulations in Cape Town.” Accessed November 9, 2019. https://www.researchgate.net/publication/286821693_A_study_of_building_contractors’_compliance_with_national_building_regulations_in_Cape_Town.
Yates, A. 2002. “The nexus between regulation enforcement and catastrophic engineering failures.” In Current issues in regulation: Enforcement and compliance, 1–11. Canberra, Australia: Australian Institute of Criminology.
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Journal of Performance of Constructed Facilities
Volume 35 • Issue 4 • August 2021
Copyright
© 2021 American Society of Civil Engineers.
History
Received: Nov 2, 2020
Accepted: Feb 17, 2021
Published online: May 19, 2021
Published in print: Aug 1, 2021
Discussion open until: Oct 19, 2021
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