So, you're moving back into mum's house with your family, and mum is moving into a brand new 1 bed secondary dwelling you've constructed in NSW under the Complying Development Regime. Mum's getting pretty frail and can do with daily support for every day tasks. Some days are great, other days, your mum has trouble recognising who you are and where she is. You're worried that, should she have an accident, or set fire to her kitchen, she will not be able to escape on her own. These High Physical Supports could be provided in a nursing home, but your family wants to spend as much time as you can with her, while you can.

Ordinarily, it would be constructed as a Class 1(a) secondary dwelling, and rightly so in my opinion.

However, your mum is an NDIS participant, and your secondary dwelling is enrolled as SDA under the NDIS Specialist Disability Accommodation scheme. "So what"? You ask.

The NSW Building Commission, the Office of Fair Trading, a bevy of spineless Private Certifiers, and a whole host of industry leading players are in a quandry about the required building classification for a dwelling in which a recipient of HPS SDA funding applies. "Class 3", I hear. Of course, buildings are not classified by their residents. They are classified by their function. This is a house, that is less than 60sqm of floor space. It's risk profile does not match the profile of a boarding house or a hotel accommodation with, I don't know, say 200 bedrooms.

How is it that Governments can get this all so wrong?

I recently completed as an Access Consultant, the as built certification of a small 2 bedroom villa.

SDA

The Building Certifier insisted on the grounds that the building is proposed to be occupied for use as Specialist Disability Accommodation [SDA] that it must be a Class 3 building for NCC purposes. (Watch this space). I cannot tell you how perverse that is, but I can tell you the impact on the residents.

Any Class 3 building is affected by the Disability Access to Premises Standards 2010 [DAPS]. The DAPS introduces the Disability Code [The Code], which is now entirely encapsulated in the National Construction Code, largely in section D4 of NCC 2022.

For Class 3 buildings, the NCC requires at least 1 bedroom in every ten bedrooms within a Class 3 building to satisfy the access requirements for a person who lives with disabilities and, across the spectrum, this means making the dwelling, including bathrooms and common areas wheelchair accessible. Other relevant inclusions are emergency evacuation alarms, signage, sounders, Fire Indicator Panels, lighting, signage, fire separating construction, smoke doors and so on, and emergency evacuation plan, fire extinguishers, smoke blankets, and so on. Not the kind of installations that you see when you walk around your family home, and probably more hospital like than ever, given the grab rails installed in the bathroom and the accessible signage adjoining the dunny door.

So, this SDA for "improved livability" participants who arent wheelchair users, and who might, for example, live with a vision impairment in a house by any other name, is is a Class 3 rooming house, because you never know when someone who has High Physical Support requirements will move in. There's no way of policing the physical capabilities of a future resident of a boarding house. Best to be safe, right?

SENIOR'S HOUSING

Now, this subject Villa was approved as Seniors housing under the old Senior's State Environmental Planning Policy. The Policy repealed is fully embraced by the current NSW Housing Sepp. It doesn't go unnoticed that the original SEPP is properly titled "Housing for Senior's and People who live with a Disability". So, to my mind, the provisions in that document never intended all Sole Occupancy Units erected by way of it, to be CLASS 3 buildings. Indeed, for many years we have seen class 1a, class 1b, Class 2, Class 3 and Class 9 buildings, perhaps even class 4 buildings, erected under the Senior's SEPP. All of these abodes contain sole occupancy units essentially residential in fact and in spite of the NSW Building Commission.

Yes, bring on 2024 and the NSW Building Commission to work closely with the Federal Government and various State Agencies, and Industry and lets make all houses Class 3. It's only fair, to people who face access challenges, to make things more difficult than they already are.

Some of the Villas in this senior's development are one bed villas. These are Class 1(a) dwellings designed to satisfy the SEPP, but also the Specialist Disability Accommodation Design Standards. They'll be enrolled for SDA without any of the Class 3 features, which is consistent with the Federal Government's enrolment SDA Rules, and completely consistent with the development consent. In my opinion, a person who has High Physical Support needs can reside in a Class 1(a) dwelling. I can't wait to hear the Government explain to all the baby boomers with diminishing motility, that they have to move out of their Class 1(a) castles because the Building classification is no longer suitable for them to occupy.

So, if you intend to invest in the SDA property market, just take a deep breathe, and wait until someone in Macquarie Street decides its sensible for a whole of government approach.

There are serious inconsistencies in the building industry when it comes to accurately answering this question. As usual, someone is told something and that's interpreted and applied broadly without a thorough understanding of the intent.

So, following today's site inspection, I'm hoping to set the record straight, again.

TWO SALIENT POINTS

• There is no universal design response to this question. The "universal design" idea that it could suit everyone is a furphy, or else, we would all still be reading in Vitruvius for the answer. 

• Let's say, you set the switches at 1350 above the floor, as the electrician did today. That's great for me at 1830mm tall, fit and flexible. Though kids have a lot of trouble reaching those, and a person who uses their knee to toggle the switch is at full stretch. *scratch your head now.

So, how does Gary defect an electrician's work?

I apply the standard applicable to the project, for example:

1. The heights nominated in the Building Specification. Maybe it hasn't been stated by the owner or the design team. How is that even possible?
2. The height defaulting in NATSPEC, which, for switch/powerpoint is 1100/300 above floor level.
3. AS 1428.1 provides a touchpad height of between 900 and 1250mm, but doesn't specify the power point heights at all.
4. AS 1428.2 provides for both switches and powerpoints to be in the zone of reach between 700 and 1200mm. That seems very sensible to me.
5. AS 4299 provides for a switch height of between 900 and 1100mm, and a powerpoint height of greater than 600mm.
6. The NSW State Environmental Planning Policy (Housing), requires heights of switches and power points to match those indicated in AS 1428.1 (noting that the AS 1428.1 standard does not specify a height for power points at all).
7. The Specialist Disability Accommodation Standard requires switches to be located between 900 and 1100mm above floor level, and power points to be located on the range between 600 and 1100mm above Floor level. But, it also requires the door handle to line up with the light switch, so the electrician, who comes along first, has to decide what height the door handles will be at, or otherwise, move his switches when the doors are installed.

Out of all of these options available to the construction team, none of them provide for the height to be determined by wherever the carpenter may or may not have positioned a nogging.

To my way of thinking, designers ought to be indicating the required heights so that these are sensibly located. If you are laying in bed, why position a light switch adjoining the bed at a height more than an arm's reach away from the bed and 1100 above the floor? 

Please get in touch if you've got any questions. It's always better to ask rather than to assume.

Kind regards



Gary Finn
0414414101
(Cert iv Access Consulting)
Architect Principal #5774 (NSW)
Builder #51908C (NSW)
Access Consultant #435
Principal Design Practitioner #PDP0000496
SDA Accredited Assessor #SDA00039

Sydney Access Consultants

https://sydneyaccessconsultants.com.au

Shop 7/438 Forest Road, Hurstville NSW 2220
Phone (02) 95863111 Mobile 0414 414101 This email address is being protected from spambots. You need JavaScript enabled to view it.
*Member of Master Builder's Association;
*Accredited member of the Association of Consultants in Access, Australia
*Member of Association of Consulting Architects, Australia

What's the Law?

In NSW there is a new regime for renovating apartments that was introduced in 2021, see

Design and Building Practitioners Act 2020 No 7 - NSW Legislation

.

These laws arose out of the immense impact on apartment schemes by shoddy building work conducted unlawfully, and, without due regard to the designed compliance with the National Construction Code, or the qualities required by the Australian Standards.

The Building Commission has identified that as much as 70% of building defects revolve around defective waterproofing design and installation, resulting in very expensive repairs and maintenance bills incurred by strata plans across the state.

To meet its objectives the Building Commission requires  Design Declaration statements from registered design practitioners for regulated design prior to the carrying out the work, and these declarations must be uploaded to the NSW Government Planning Portal for the Building Commission’s records. The work must then be carried out by building practitioners registered under the scheme for this class of building (Class 2 apartment), and verified by certification from the design practitioners upon completion.

What are the requirements?

It is unlawful to conduct apartment renovations as a home owner, unless it is completely exempt from the Building laws. Any work performed without the required certification and records, will need to be re-constructed to avoid future losses.

Obviously there are very limited exceptions which I have extracted from the Office of Fair Trading website for your convenience:

Some building work on a regulated building class (currently 2, 3 & 9c) is excluded from needing a compliance declaration under the DBP legislation. This includes where the building work is:

•                        valued at less than AU$5000 including labour and materials (excluded under the Home Building Act)

•                        exempt under environmental planning except waterproofing work

•                        waterproofing work within a single dwelling carried out as a result of alterations to a bathroom, kitchen, laundry or toilet and which is exempt development

•                        being done under a HomeBuilder grant

•                        being done under a council order except related to cladding

•                        being done under a development control order except related to cladding

•                        for the maintenance of a component of a building including a fire safety system except a load-bearing component that is essential to the stability of a building

•                        for the maintenance of a component of a system in the building for mechanical, plumbing or electrical services

•                        electrical or plumbing work that is a performance solution for building work, other than work for a building element

•                        the subject of a development consent but is not work for a building element or performance solution for building work (work not requiring a regulated design)

•                        a non-structural* fit-out only for class 5, 6, 9a or 9b parts

•                        exempt from Building Code of Australia (BCA) under clause 164B, 187 or 188

•                        the installation of an awning, blind or canopy over a window or door

•                        the installation of a roofed structure over a balcony, deck, patio or terrace, whether open or enclosed, unless the roofed structure is installed above the existing topmost roof of the building.

Once the work required to be performed is work by, or on behalf of, a registered building practitioner under this act, it must satisfy the National Construction Code, as this is the obligation of that builder.

For a bathroom renovation, for instance, valued at $5000, the following design practitioners are required:

• ·      Architect
• ·      Hydraulic Engineer
• ·      Mechanical Engineer
• ·      Waterproofing (Can be certified by the architect)
• Electrical Engineer

And, the building practitioner registered under the Act, must complete the bathroom work in accordance with NCC 2022 clauses.

These clauses of the NCC are critical :

F2D4N

Floor Wastes

(2)Where a floor waste is installed—

(a)the minimum continuous fall of a floor plane to the waste must be 1:80; and

(b)the maximum continuous fall of a floor plane to the waste must be 1:50.

F2D2 Wet area construction

(1)In a Class 2 and 3 building and a Class 4 part of a building, building elements in wet areas must—

(a)be water resistant or waterproof in accordance with Specification 26; and

(b)comply with AS 3740. :2021 Waterproofing of Domestic Wet Areas

F6D7 Natural ventilation

(1)Natural ventilation provided in accordance with F6D6(a) must consist of openings, windows, doors or other devices

which can be opened—

(a)with a ventilating area not less than 5% of the floor area of the room required to be ventilated; and

(b)open to—

a suitably sized court, or space open to the sky; or

an open verandah, carport, or the like; or

an adjoining room in accordance with F6D8.

F8D4 Exhaust systems

(1)An exhaust system installed in a kitchen, bathroom, sanitary compartment or laundry must have a minimum flow rate

of—

(a)25 L/s for a bathroom or sanitary compartment; and

(b)40 L/s for a kitchen or laundry.

(2)Exhaust from a kitchen, kitchen range hood, bathroom, sanitary compartment or laundry must discharge directly or

via a shaft or duct to outdoor air.

(3)Where space for a clothes drying appliance is provided in accordance with F4D2(1)(b), space must also be provided

for ducting from the clothes drying appliance to outdoor air.

(4)(3) does not apply if a condensing-type clothes drying appliance is installed.

(5)An exhaust system that is not run continuously and is serving a bathroom or sanitary compartment that is not ventilated

in accordance with F6D7 must—

(a)be interlocked with the room’s light switch; and

(b)include a run-on timer so that the exhaust system continues to operate for 10 minutes after the light switch is

turned off.

(6)Except for rooms that are ventilated in accordance with F6D7, a room with space for ducting a clothes drying appliance

to outdoor air in accordance with (3) must be provided with make-up air in accordance with AS 1668.2

See also NCC Specification 26.

Does the work fall within the exceptions noted above?

Whenever the work, including labour and materials , exceeds $4999, the BDPA is triggered. In my professional opinion, the probable cost of a bathroom renovation, constructed in accordance with the laws of NSW, will normally exceed $15000 plus GST.

Please contact me if you have any questions.

Kind regards



Gary Finn
0414414101
(Cert iv Access Consulting)
Architect Principal #5774 (NSW)
Builder #51908C (NSW)
Access Consultant #435
Principal Design Practitioner #PDP0000496
SDA Accredited Assessor #SDA00039

Sydney Access Consultants

http://www.sydneyaccessconsultants.com.au

Shop 7/438 Forest Road, Hurstville NSW 2220
Phone (02) 95863111 Mobile 0414 414101 This email address is being protected from spambots. You need JavaScript enabled to view it.
*Member of Master Builder's Association;
*Accredited member of the Association of Consultants in Access, Australia
*Member of Association of Consulting Architects, Australia

We service SDA Australia wide, though, the majority of the work is a desktop audit performed by Gary Finn, who enjoys seeing the world, armed with an ipad and a great camera.

Sydney Access Consultants offer two branches of service in the SDA space.

Firstly, as architects who have worked in the design of homes for people who live with disabilities for around 40 years, we can offer very specific design and development advice targeting your successful venture into SDA. However, the majority of our clients are architects for whom we work directly as Access Consultants and SDA certifiers without competing interests, and for the best SDA outcomes, a diversity in design approach is essential.

Obviously as SDA assessors, the second branch of service involves working with your architect to project the required SDA certifications necessary for your SDA development to be enrolled with the NDIS program. Simple probity requires that we cannot perform both of these service branches on any specific development.

For SDA certification, the subject of this article, please advise the category and type of SDA you wish to register so that we can point our advice to that outcome. If you have building plans and haven't already done so, then please send them now.

SDA Assessments
There are two certification components. Firstly, an assessment of the SDA Design as shown on your Construction drawings. Finally an assessment of the dwelling on completion.

Design Stage Certification

When complying plans are finalised by your architect, an SDA certificate is issued, for each dwelling. Our proposed fee, is derived on a per examination certificate basis. However, we will guide the design with appropriate feedback annotated on your plans to ensure the certification process meets its objectives and your architect can quickly resolve the design of any outstanding matters. With competent professionals at your side this process typically entails one review with plan mark ups, and a following certificate upon receipt of your complying design.

As Built Stage Certification

There is a second round of certification processes required at "as built" stage, one certificate for each dwelling. We are aware that having four different standards, with their own nuances, many tradesmen have developed a poor understanding of hte standards because they may have had experience with one type, but not necessarily the classification of SDA you are developing. There seems to be a lot of misinformation out there from in-experienced "experts" involved in middle management, and all of these circumstances lead to a profusion of very "loose facts" when it comes to the onsite reviews we have conducted since the inception of SDA.

As an experienced project manager for State and Federal Government projects and a licensed builder in NSW, the principal architect is available on the phone to field questions [RFI] that typically arise during construction, and we have developed a number of cheat sheets to issue to your builder for its subcontractors, to help eliminate the most costly co-ordination issues, errors and omissions. These "trade notes" minimise the number of site visits that would be necessary to ensure satisfactory SDA certification at "as built" stage.

Still, it is prudent to get an inspection by the SDA certifier prior to installing internal linings, to reduce the potential nuisance of a millimetre tolerance issue, that would prevent release of the as built certificates. When an interim site inspection is required, a site visit is scheduled for a fixed fee agreed in advance.

Then, on completion, a final inspection is conducted to prepare the certificates required by the NDIS. If work is incomplete, further inspections are required until all the errors and omissions have been addressed. Re-inspections incur additional costs, which can be overwhelming for remote sites, so we will agree a fee in advance, and we take every precaution and delight, in conducting just one final inspection, feeling chuffed that our RFI service and "trade notes" have worked a treat. The SDA certificates are independent of your Building's occupancy certificates, though, often the inspections are conducted concurrently by the differing professionals.

Finally, prior to release of the As built Certificate there are a few housekeeping matters that need to be provided for the record. These are basic but critical and could be provided to us prior to the "as built" inspection:

• Emergency evacuation plan shall be provided to the occupier or their 24.2 supports, which may include a path of travel to a safe place.
  
  
• As evidenced by documentation provided by instructing party and held on file, are Density Rules met?
  
  
• Letter of confirmation from Builder in regard to provision of at least the following:

1. 1. Slip resistance to all areas as required by the SDA Design Standard. 
      Applies to all design categories.
      
      
   2. All sanitary compartments have walls either constructed of masonry or concrete or been provided with wall reinforcement of minimum 12mm thick sheeting from FFL and extending to a height of minimum 2100mm from FFL.
      Applies to all design categories.
      
      
   3. Carpets if provided have a pile height or thickness of not more than 11mm and carpet backing not more than 4mm. 
      Applies to all design categories.
      
      
   4. Where ducted air-conditioning is provided, zoning of habitable rooms is provided.
      Applies only to Fully Accessible and High Physical Support design categories.
      
      
   5. Internet connection has been provided with ability for high speed internet speed and wifi coverage achievable throughout the house.
      Applies only to Fully Accessible and High Physical Support design categories.
      
      
   6. Resilient materials including high impact wall linings have been provided, participant’s bedrooms have been provided with sound insulation and high impact / vandal proof fittings and fixtures have been provided.
      Applies only to Robust design category.
      
      
   7. Certification is provided from a Qualified, Insured and Practicing Structural Engineer that states that the participant’s bedroom has been inspected and have been provided with power and inbuilt structure capable of installation of a minimum 250kg load capacity, constant charge ceiling hoist which is capable of going across the bed and down the bed.
      Applies only to High Physical Support design category.
      
      
   8. Certification is provided from an electrician or builder to confirm that emergency power solutions are provided to cater for a minimum 2 hour outage in no less than 2 GPOs in bedrooms and any provided automated doors used for entry and egress.
      Applies only to High Physical Support design category.

Existing Houses
If you intend to convert an existing dwelling for use as SDA, our observations are that the NDIS currently discourage the concept. It does so, by either requiring a recent Occupancy Certificate from a Building Certifier, or, by introducing an exorbitant minimum expenditure on renovations costs which must be proven. Please refer to the current NDIS SDA Pricing and Payments Guides available on the NDIS website.

If you think your proposed project in could do with an SDA Assessment and Certification, please call at your convenience to get the ball rolling. 

As you are aware, the NDIS is being carried out across the country to more than 600,000 Australians who live with disabilities. It has been a learning curve for us all, but particular patterns of development have emerged. We highly recommend that you consider introducing housing diversity, rather than resorting to the corridor down the middle of a row of bedrooms design, as it is obvious that participants will, like you, choose to reside in a home that they feel is their forever home. Ask yourself "Would I live here?" 

Our objective in preparing the report is to assist you to register your housing for SDA in the category that best suits your plans, or existing building, as the case may be.

There are several categories of home for registration under NDIS as SDA. These are:

New Builds:

• Improved livability
• Fully Accessible
• Robust
• High Physical Support

Existing Stock:

• Basic
• Improved livability
• Fully Accessible
• Robust
• High Physical Support

Legacy:

• Basic
• Improved livability
• Fully Accessible
• Robust
• High Physical Support

The majority of SDA will be registered in new builds category, as the existing stock and legacy categories are for dwellings that were occupied, often loong before the introduction of the NDIS.

Additional funding is provided for Onsite Overnight Assistance; break out rooms (robust category home only) and for Fire Sprinklers. 

Each of the nominated categories above have specific inclusion requirements to enable them to be registered.

With respect to the SDA Standard, these requirements are mandatory and unwavering. It is pass or fail with no discretion for millimetre errors and building tolerances. Your architect is encouraged not to try and achieve the minimum, because your builder is using materials that are never perfect or precise.

Each SDA design category has its own additional requirements which we can advise on. Also, we have prepared trade by trade guide notes for the builder to issue to his team, so that they understand what is important in achiving certification for their trade, in the class of building you nominate.

There is also a limit on the number of SDA recipients that can reside on each alotment of land, which we can direct you to, via the SDA Rules.

SDA Assessment Report.
We will provide this type of report, which is a study that examines your designs and will provide information to help you to proceed with your project towards enrolment on completion. It includes a Certificate if we have received plans demonstrating compliance with the SDA Design Standards for the category in which you seek enrolment.

This Report is not intended to provide a guarantee because there is no certainty surrounding the requirements for registration of SDA homes, by reason that, the rules are still being developed by the NDIA.

When you have provided complying documents I issue a certificate to you to assist you in enrolling the dwelling for SDA, and I will also issue the Certificate and your documents, as well as the NDIS checklist to the NDIS for their records.

What is included in this Report
This Assessment process will assess your plans against your nominated category of SDA and provide advice on the additional measures required to satisfy the current requirements for enrolment under NDIS as SDA, as outlined in the current relevant documents published by NDIA. Where appropriate, we will issue a certificate demonstrating compliance with the SDA Standards.

The following are specifically not included in this Report:

The registration/enrolment process for NDIS SDA housing.

GENERAL TERMS & CONDITIONS
Available upon application.

Please call at your convenience on 0295863111

Kind regards



Gary Finn
0414414101
(Cert iv Access Consulting)
Architect Principal #5774 (NSW)
Builder #51908C (NSW)
Access Consultant #435
Principal Design Practitioner #PDP0000496
SDA Accredited Assessor #SDA00039

Sydney Access Consultants

http://www.sydneyaccessconsultants.com.au

Shop 7/438 Forest Road, Hurstville NSW 2220
Phone (02) 95863111 Mobile 0414 414101 This email address is being protected from spambots. You need JavaScript enabled to view it.
*Member of Master Builder's Association;
*Accredited member of the Association of Consultants in Access, Australia
*Member of Association of Consulting Architects, Australia

NDIS SDA Accredited Assessor

Gary John Finn #SDA000039

Specialist Disability Accommodation (SDA) Design Standards for the NDIS are in transition. Want to know more? The audio content of this video is transcribed here to improve access.

Your proposed project could use an SDA Assessment report. As you know, the N.D.I.S. is being rolled out across the country to more than 600,000 Australians who live with disabilities.

Currently, SDA remains in a transitional period between two acceptable standards. 

Where your building is NOT YET CONSTRUCTED, such as in the design phase, compliance with the new SDA STANDARD is required. If the NDIS has granted you an extension of time, your dwelling may be eligible for compliance with the Livable Housing Design Guidelines.

Our objective in preparing your SDA report is to assist you in registering your housing for SDA, in the category that best suits your design or your existing building as the case may be.

There are several categories of homes for registration under N.D.I.S. as SDA. The homes are either New Builds or Existing Stock. New build categories involving renovations of an existing home require a minimum construction expenditure that has been stipulated in the current SDA Pricing and Payments guide!

The home designs must target relevant N.D.I.S. Categories, which could include Improved livability; Fully Accessible; Robust; and, High Physical Support.

Additional rent is provided for, Onsite Overnight Assistance; fire sprinkler installations, and also, Break out rooms for the robust category! Each of the nominated categories has specific inclusion requirements to enable them to be registered.

For enrolment of your dwelling, the NDIS is presently asking for evidence, by way of an occupancy certificate dated after 2016, that demonstrates that the dwelling (or renovation) is "new". Existing Stock is a home that has been occupied by a person who lives with a disability, and, who received government-funded supports prior to 2016 at that address.

Concerning the new SDA Standard, its requirements are demonstrated by a pass or fail certification from an accredited SDA Assessor. Gary Finn of Sydney Access Consultants is an accredited SDA assessor, having extensive experience as an architect in the design and documentation of group homes for state government agencies since 2006, and has accumulated years of full time professional experience in designing & documenting buildings that accommodate people who live with disabilities, since 1980. Sydney Access Consultants continue to provide a design and documentation service, or design advice by review of your architect's plans. Of course, when design services are provided by Gary Finn, he is excluded from certifying that SDA, which is no obstacle to the expedient success of the project. 

If your building is registered under the earlier SDA standards, the N.D.I.S. does not require you to update, your existing stock, however, an assessment of the key design elements to ascertain the extent of maintenance and modification may assist you to provide a safer home and workplace that reflects best practices. An upgrade strategy starts with a "walk and talk" audit by Sydney Access Consultants.

There is also a limit on the number of SDA recipients that can reside on each allotment of land stipulated by the NDIS as a Density limit.

The process required, to ensure that your home is suitable for registration into the category of SDA that you prefer, is easily achieved by engaging an accredited SDA Certifier.

An architect with Gary's credentials an accredited SDA Certifier can professionally assist you with the construction, design, and, documentation processes.

Or alternatively, you can engage an accredited SDA Certifier such as Gary, to certify your home at the Design Stage and, then once more upon completion of the building work. To get started, ask Sydney Access Consultants for a fee proposal for one of its professional services.

https://SydneyAccessConsultants.com.au