Statement of proposal: Foil insulation

Statement of Proposal
Proposed ban on the installation of foil insulation into residential
buildings with an existing electrical installation
Closing date for public comment: 5pm Tuesday 24 May 2016
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Published in May 2016 by:
Ministry of Business, Innovation and Employment
PO Box 1473
Wellington 6140
New Zealand
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Contents
Introduction
4
What is foil insulation?
4
Proposal and scope of ban
5
Background and reasons for the proposal
6
Compliance with the Building Code
8
Analysis of all reasonably practicable options
9
Benefits and costs of each option
11
Implementation of proposed ban
14
Foil insulation in existing buildings
15
How to comment
16
All responses will be public information
16
Contact information
16
Appendix 1: Building Code Clause A1—Classified Uses
17
Appendix 2: Building Code Clause G9 – Electricity
18
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Introduction
The Ministry of Business, Innovation and Employment (MBIE) seeks your comments on its proposal
to issue a ban under Section 26 of the Building Act 2004 on the installation of foil insulation into
residential buildings with an existing electrical installation. The proposed ban follows strong
feedback raised by submitters during consultation on the proposed changes to the Residential
Tenancies Act 1986 (that will require insulation and smoke alarms in rental properties), on the need
to eliminate the risks posed by foil insulation products.
Section 26 of the Building Act allows the Chief Executive of MBIE to issue a warning about, or ban
the use of, a building method or product if he/she considers on reasonable grounds that the use of
that building method or product has resulted in, or is likely to result in, a building or building work
failing to comply with the Building Code1. In the case of foil insulation, MBIE considers its installation
breaches Clause G9 (Electricity) of the Building Code.
This document outlines the scope of the proposed ban, its objective, provides some background
behind our decision and analyses all other reasonably practicable options for achieving the objective
of the ban. It also provides instructions on how to comment on the proposed ban.
MBIE will carefully consider all submissions on its proposal before making a final decision on the ban.
Please note the closing date for submissions is 5pm Tuesday 24 May 2016.
What is foil insulation?
Foil, in the form of sheeting, is commonly used in buildings as a type of insulating material. The
sheets have a thin layer of reflective foil (usually aluminium) on one or both sides. It works by
trapping air between the floor and the foil, which serves as insulation, and reflecting escaping
radiant heat back into the house.
The foil may also be supplied in panel form where it is bonded to plasterboard or various bulk
blanket insulation materials such as fibreglass, polystyrene or wool.
Foil insulation used to be one of the most commonly used underfloor insulation materials in New
Zealand, although its use, particularly in retrofits, appears to have declined in recent years. It is not
commonly used in ceiling spaces as it is not very effective as ceiling insulation in our climate.
It continues to be installed in new houses with suspended timber floors. However, Building Research
Association of New Zealand (BRANZ) data shows that the majority of new houses in New Zealand are
built on concrete slabs, and only 15 percent of new houses have some form of timber floor at
1
The New Zealand Building Code is contained in regulations under the Building Act 2004. It prescribes functional
requirements for buildings and the performance criteria which buildings must comply with in their intended use.
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ground level2. In existing houses, foil insulation makes up about half of all underfloor insulation in
those houses that have underfloor insulation3
Foil insulation was excluded from the Warm-Up New Zealand and EnergyWise government
insulation subsidy programmes a short time after they began due to concerns about the safety,
performance and durability of the insulation and its installation.
Proposal and scope of ban
The risk associated with installing foil insulation into a building with an existing electrical installation
is that the person installing it could accidentally pierce a live electrical cable with the fasteners (e.g.
staples or nails) that they are using to attach the foil to the building structure. The foil, being
metallic, conducts electricity and can become live if it comes into contact with live electrical wiring –
potentially enlivening the entire underfloor of a building.
The risk of electrocution due to incorrectly installed foil insulation has been seen in both Australia
and New Zealand in recent years. To date, there have been five reported deaths in New Zealand
(between 2005-2008) caused by electrocution associated with foil insulation in a residential building,
as well as one reported non-fatal electric shock.
In Australia, the deaths of four insulation installers and a number of house fires and injuries
following the implementation of a home insulation programme resulted in a Royal Commission of
Inquiry.
MBIE believes a ban is necessary to reduce the likelihood of any further injuries or deaths, and to
ensure buildings are safer to use. The ban will apply to anyone installing foil insulation into a
residential building with an existing electrical installation.
MBIE considers it appropriate to limit the scope of the ban to residential buildings with existing
electrical installations (retrofit situations) only rather than opt for a complete ban on the use of foil
insulation. The installation of foil as insulation in commercial and new residential buildings, or
additions to existing residential buildings, does not give rise to the same level of risk because of the
different building method and associated decrease in likelihood of injury or death. We explain our
reasons for this limitation in more detail later on in this document.
For the purposes of the proposed ban a residential building is defined as a building that meets the
definition of Housing or Communal Residential in paragraphs 2.0 and 3.0, respectively, of Building
Code Clause A14. It also includes outbuildings, defined in paragraph 7.0 of Clause A1, associated with
these residential buildings.
2
Source: BRANZ New House Survey (a sample of 1,200 houses per annum).
BRANZ 2010 House Condition Survey
4
See Appendix 1 for full definition.
3
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Exclusions from the proposed ban:
The term ‘foil insulation’ applies to a range of products, from a number of suppliers, and the
proposed ban is intended to cover the installation of most of these products.
However, MBIE is intending to exclude the installation of foil that is supplied pre-fixed to rigid nonconductive building materials such as plasterboard or polystyrene.
These types of products are generally installed by friction fitting them between the floor joists or by
fixing them to wall or roof framing and it is unlikely that a live electrical cable would be accidentally
pierced using this method of installation. No previous deaths or fatalities associated with the
installation of these types of products have been reported to MBIE.
Background and reasons for the proposal
By 1 July 2016 the government intends for new Residential Tenancy Regulations to be in force that
will require all residential rental properties to have ceiling and underfloor insulation, where it is
practical to do so.
MBIE estimates that approximately 180,000 residential rentals will require upgrades to ceiling
and/or underfloor insulation by July 2019 to meet the proposed requirements. This is likely to result
in many landlords undertaking the work themselves, or with the help of a friend or family member,
using the most inexpensive products available (foil being one of these). Installing insulation is not
Restricted Building Work5 and there is no requirement to engage a Licensed Building Practitioner
(LBP) or professional installer to carry out the work. Installing insulation above a ceiling or underfloor
is also exempt under Schedule 1 of the Building Act6 from requiring a building consent and is
therefore it is unlikely to be independently checked that the insulation installation complies with the
Building Code and Building Act.
As part of drafting the Residential Tenancy Regulations, MBIE consulted on a risk mitigation strategy
that would have required landlords installing foil insulation to:


Meet a standard (developed and administered by WorkSafe NZ) covering the safe
installation of foil insulation products.
Ensure all electrical circuits where foil is to be installed are permanently protected by
Residual Current Devices7 (RCDs).
This reflected the coroners’ findings on the earlier deaths of foil installers.
5
Restricted Building Work is work which is critical to the integrity of a building. It makes sure the building is structurally
sound and weathertight. It can only be done or supervised by tradespeople who are Licensed Building Practitioners.
6
Schedule 1 of the Building Act is a list of building work that is exempt from requiring a building consent. Exempt building
work must still comply with the Building Code.
7
A residual current device (RCD) is a life-saving device which is designed to prevent a fatal electric shock if someone comes
into contact with something live, such as a bare wire, on the circuit to which it is attached.
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Submissions received by MBIE from a broad cross section of insulation technical experts, landlords,
tenants and tenant advocacy groups on the proposed Residential Tenancies Amendment Bill and
associated Regulations outlined potentially significant life safety risks when installing foil as
insulation, especially for do-it-yourself landlords. Submitters considered that MBIE’s proposed
mitigation (installing RCDs) would not sufficiently address the life safety risk, either during
installation or during a tenancy.
These concerns prompted MBIE to relook at whether we need to take further action to reduce the
likelihood of any further injuries or deaths associated with the installation of foil insulation and limit
the increased risk anticipated from the new insulation requirements.
In 2005 a professional insulation installer died after being electrocuted while installing foil insulation
underneath the floor of an existing building. This was followed in 2007 by three deaths of
homeowners (doing do-it-yourself work) from inadvertently stapling through live electrical cables
when installing foil insulation to the bottom of floor joists. In 2008, a homeowner received a fatal
electric shock when he came into contact with live foil wall lining inside a garden shed.
In 2007 MBIE (then the Department of Building and Housing) issued guidance8 about the hazards of
retrofitting foil insulation. The Department also made contact with several suppliers of foil insulation
products to discuss the issue and they agreed to begin including safety warnings with their products.
In retrofit situations the foil is usually installed by stapling it below the floor joists using metal staples
or fasteners. This is often done in dark and cramped conditions making it hard to see exactly where
any electrical cables are located. Many houses have exposed electrical cables running through these
spaces, presenting a serious electrocution hazard. Even if a retrofit is completed without incident,
the entire foil can be left electrically live, presenting a future electrocution hazard to anyone
entering in the underfloor space. Nylon fasteners, which can be used instead of metal fasteners, also
have some risk as they can split the insulation of the electrical cables and cause the wiring to come
into contact with the foil.
The Acceptable Solution9 H1/AS1 currently includes foil insulation as a means to achieve the thermal
resistance for floors required by clause H1 of the Building Code. This solution is intended for new
constructions, and is not intended to cover retrofitting into existing houses where the Building Code
Clause H1 does not apply in the same way.
At the time foil insulation is installed in new buildings there is usually no electrical installation in the
building, or in that part of the building if it is a new addition to an existing building, and should there
be a connection to make the foil live it would likely be found during the testing carried out at the
time of enlivening the electrical installation. The construction of new buildings or additions to
existing buildings is also typically done by professional builders and tradespeople, who are likely to
be familiar with safe installation practices, reducing the level of risk involved. No injuries or fatalities
have been reported to MBIE in relation to this method of installing foil insulation in new
constructions.
8
Codewords, Issue 23: October 2007
Acceptable Solutions are documents published by MBIE that outline one way of complying with the Building Code. They
are available online at www.building.govt.nz.
9
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There has been a decrease in the use of foil as retrofitted insulation in the last 5-10 years. This is
likely due to previous guidance issued about the risks associated with its installation, its removal
from government subsidy schemes and the increased availability of other insulation products in the
market that are safer and easier to retrofit.
The primary increase in risk arises from the proposed new requirements to retrofit insulation in
residential rental properties. However, MBIE is aware that a similar risk exists for property owneroccupiers and that properties frequently swap between owner-occupied and rentals. Any ban would
need to apply across all residential buildings in order to be effective.
The proposed ban aligns with the overall purpose of the Building Act. In particular, the focus on
ensuring that buildings are safe to use, that the minimum requirements of the Building Code are met
and that when building work is carried out on a building, the building continues to meet the
performance requirements of the Building Code.
Compliance with the Building Code
The Building Act requires that all building work complies with the Building Code, regardless of
whether a building consent is required for that building work.
In order for a ban under the Building Act to be issued on a building method the Chief Executive of
MBIE must be satisfied on reasonable grounds that the use of that building method has resulted in,
or is likely to result in, a building or building work failing to comply with the Building Code.
MBIE considers that the installation of foil insulation into a residential building with an existing
electrical installation, will breach Clause G910 Electricity of the Building Code as there is a real risk
that if this method of installation is used, the key safeguards incorporated in the electrical
installation will no longer be effective, resulting in building elements becoming live and potentially
fatally injuring installers or occupants of the building.
The key requirement of Clause G9 is that the electrical installation includes systems and safeguards
that prevent building elements becoming live. This includes that the wires are coated (i.e. no live
parts can be touched in normal operation) and that there are fuses and circuit breakers which shut
down the system in fault conditions. Electrical installations which contain these safeguards will
comply with the Building Code.
MBIE’s view is that compliance with the Building Code needs to be assessed after the building
method has been applied to take into account that the building method may have altered the
electrical installation and/or the environment in which it operates.
In the case of installing foil insulation:

10
The safeguard is the coating around the wire which prevents building elements becoming
live. This building method (installing the foil) means that this system or safeguard is altered
See Appendix 2 for Clause G9
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
and becomes ineffective if a metal fastener penetrates the wire coating resulting in the foil
becoming live during fault conditions and G9.3.1 (a) is breached.
The electrical installation is operating in a new environment. If the wire coating is pierced it
is much more likely that a building element (the conductive foil) will become live and G9.3.1
(f) is breached.
This approach aligns with the safety focus of the Building Act and Clause G9 of Building Code. The
power to ban this building method is consistent with:


The focus in Section 3 of the Building Act “that people who use buildings can do so safety
and without endangering their health” and
The performance criteria in Clause G9 being focussed almost exclusively on the safety of the
occupants of the building.
Analysis of all reasonably practicable options
Prior to issuing its statement of proposal, MBIE has carefully considered all other reasonably
practicable options for achieving the outcome of the proposed ban.
MBIE has also considered the use of four pieces of legislation to implement a proposed ban:

The Residential Tenancies Amendment Bill and Regulations – where we can require specific
types of insulation are used to comply with the new rental insulation requirements.
However, owner-occupied properties would be out of scope.

The Electricity Safety Act and Regulations – where the supply and use of electricity is
regulated to maintain a level of safety of the electrical systems and components. This is
generally done by specifying ‘control measures’ on the construction and design of electrical
installations, such as requiring the installation of RCDs. The Electricity Act does allow for
regulations around prohibition but is not as definite in this respect as the Building Act. It is
also not the most logical place for a control on a building method, given that the main focus
is on the safety of the electrical components and installations not the surrounding building
materials or methods of their installation.

The Health and Safety at Work Act – which places a duty on all Persons Conducting a
Business Undertaking (PCBUs) to ensure, so far as is reasonably practicable, the health and
safety of its workers and others from the conduct of its work. Owner-occupiers and
potentially many landlords (depending on the circumstances) would not be considered
PCBUs.

The Building Act and Building Code – where existing provisions allow MBIE’s Chief Executive
to issue a warning or ban if he/she considers on reasonable grounds that the use of a
building method or product has resulted in, or is likely to result in, a building, or building
work failing to comply with the Building Code.
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Given the scope of the other pieces of legislation and the clear provision in the Building Act, MBIE
considers the Building Act is the most appropriate and effective way to implement a ban.
The Residential Tenancies Regulations will assist in preventing the use of foil insulation by stating
that foil insulation cannot be used for retrofits in residential rental properties that are covered by
the Residential Tenancies Act from 1 July 2016.
Options considered by MBIE are outlined below:
Option 1: Warning labels and guidance
Option 1 (a):
MBIE could issue further guidance information, targeted at those who are likely to be installing
insulation in existing buildings, particularly landlords, to highlight the risks associated with the
installation of foil insulation, and to promote safe installation practices.
Any information published by the Chief Executive as guidance under Section 175 of the Building Act
is only intended to be used as guide and will not prohibit the use of conductive foil, or make it
mandatory for those installing it to comply with MBIE’s recommended safety practices.
Option 1 (b):
This option involves MBIE working with building product suppliers to encourage voluntary safety
warning labels on foil insulation products. MBIE previously did this back in 2007, after a number of
deaths occurred associated with retrofitting foil insulation. At that time suppliers were willing to
voluntarily provide warning labels.
However, more suppliers may have entered the market since then, or might enter the market in the
near future, and we cannot guarantee these suppliers would be willing to provide warning labels.
Option 2: Use of RCDs to mitigate risk
A risk mitigation strategy proposed by MBIE was to require through the Electricity Safety Act and
Regulations that if a landlord wishes to install conductive foil they must:


Meet a standard (developed and administered by WorkSafe New Zealand) covering the safe
installation of conductive foil insulation products
Ensure all electrical circuits where foil is to be installed are permanently protected by RCDs.
Option 3: Require installing of foil insulation to be consented work or restricted building work
The installation of ceiling and underfloor insulation in an existing building is exempt from requiring a
building consent under Schedule 1 of the Building Act. There are currently no restrictions on who can
install insulation into an existing building.
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MBIE could consider amending Schedule 1 of the Building Act to remove the ability for foil insulation
to be installed as insulation in existing buildings without a building consent. Another option is to look
at including this method of installation in the definition of Restricted Building Work and creating a
new trade licence class for installers of foil insulation which would mean only suitably licenced
building practitioners could install foil insulation into an existing residential building.
Option 4: Issuing a warning or ban under Section 26 of the Building Act
Option 4 (a): MBIE can issue a formal warning under Section 26 the Building Act highlighting the
dangers associated with the installation of foil insulation.
A warning, like guidance issued under Section 175 of the Act, does not prohibit the use of foil
insulation or place any obligation on those doing building work to comply with MBIE’s
recommendations.
Option 4 (b): A ban issued under the Building Act is MBIEs preferred option as it will prohibit the
installation of foil insulation into a residential building with an existing electrical installation. Under
the Act a person commits an offence if they use a building method that breaches a ban and can be
liable for a fine of up to $200,000.
There is a wide range of alternative non-conductive insulation products on the market and so MBIE
does not see any major disadvantage to consumers by removing the option of using foil insulation in
retrofits.
Replacement materials that could be used as insulation instead of foil include polystyrene (which is
installed by push fit and requires no fixings) and fibreglass, polyester and wool batts. These products
are more expensive to buy, but are often easier to install.
Benefits and costs of each option
Option
Cost
Benefit
Analysis of the extent to which
this option achieves the objective
of the proposed ban
Option 1:
Minimal - there is a
small cost to MBIE
associated with
preparing and
distributing
guidance.
It is a relatively low
cost way of reaching
those who are
planning to install
foil insulation.
Further guidance will certainly
help raise awareness of the
dangers of installing foil
insulation, but there is still a risk
that the message may not reach
all landlords and building owners
who are planning to attempt doit-yourself insulation work.
Warnings and
guidance
Warning labels, if
provided, are likely
Manufacturers
to be seen by those
and/or suppliers of
who have purchased
foil insulation will
face a minor increase or are installing foil
in manufacturing
Guidance does not fully prevent
the use of foil insulation, and
there is still risk that our
Page 11 of 19
costs if they agree to insulation.
voluntarily supplying
warning labels on
their foil insulation
products. A number
of manufacturers
and suppliers already
include these
warnings so won’t
incur any extra costs.
recommendations won’t be
followed.
There is already material available
about the dangers of foil and it is
unlikely that additional
information would reach
significantly more people. The
cost difference is a motivating
factor for an owner that is unlikely
to be outweighed by guidance
material.
There is no ability in the Building
Act for MBIE to make warning
labels compulsory and enforce
that suppliers provide them on
their products. It is also possible
installers may be using old stock
of foil insulation, that they have
already purchased, and this
product may not have warning
labels on it.
Option 2:
Use of RCDs to
mitigate risk
Option 3:
There is a cost to
building owners
associated with
installing RCDs. This
is approximately
$400-500 per
affected electrical
circuit
This involves
legislation changes
Require installing and there will be a
of foil insulation cost to MBIE
to be consented
associated with
work or
implementing this.
restricted
building work
There will be a cost
to BCAs in that more
resources are
needed to process
extra building
Provides some
protection but does
not eliminate all risk.
Thirty four submitters (on the
proposed Residential Tenancy
Regulations) suggested that the
proposed mitigation (installing
RCDs) was insufficient, along with
every group across every
workshop held during the
consultation. Submitters,
especially technical insulation
experts, expressed strong views
that the use of foil insulation in
residential rental properties
should not be permitted because
of the health and safety risks.
BCAs could assist to
communicate safety
information to
building owners
when consent is
issued or applied for.
If it is deemed restricted building
work, there would still be some
risk to professional installers as
installing foil insulation in a
building with an existing electrical
connection remains a highly risky
building method.
The increase in cost
for building owners,
associated with
obtaining a consent,
would encourage the
In practice we would expect
people would choose other
products as there would no longer
be the monetary incentive to use
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consent applications,
although BCAs
should be able to
recover some or all
of this cost through
consent application
fees.
use of other, safer,
insulation products
that don’t require
consent to install.
foil. While this may reduce the
number of installations, this is
unlikely to actually reduce the
risks when it comes to the point of
installation.
There are
consequences under
the Building Act for
those who breach a
ban (fine payable of
up to $200,000).
There are no penalties available
under the Building Act for noncompliance with a warning issued
under the Building Act.
Building owners will
face additional
consenting costs
and/or costs
associated with
hiring LBP’s to carry
out the building
work.
Option 4:
Issuing a warning
or ban under
Section 26 of the
Building Act
The cost of
retrofitting foil is
approximately
$16 (including GST)
per m². The
approximate cost of
other insulation
materials varies
between $13 and
$24 per m²
(including GST)11.
Glass fibre and
polyester insulation
appear to have
about the same or
lower cost as foil
(when installed by a
commercial
contractor) so there
may be no additional
cost to the building
owner if foil is
banned and
alternative insulation
product is installed.
Other insulation
products on the
market, such as glass
fibre, polyester, and
polystyrene (which
are not affected by
the proposed ban)
are generally easier
to install and likely to
perform more
effectively over the
life of the building.
A ban is MBIE’s preferred option
as it is the only option that
prohibits the installation of foil
insulation in retrofits, which make
it the option most likely to
prevent any further injuries or
deaths.
The substantial penalty for noncompliance with a ban is highly
likely to deter anyone from not
complying with the ban.
For a building
owner’s doing do-ityourself installation
with no labour cost
11
Prices are for the Wellington region and are based on a 150m² subfloor area subject to site specific conditions. Auckland
costs are likely to be slightly cheaper due to increased competition.
Page 13 of 19
(i.e. looking at
material costs only),
the foil ban might
result in a
$2/m² additional
cost for glass fibre
(less than $300 for
150 m² subfloor);
a $4/m² additional
cost for polyester
(about $600 for 150
m²);a $7/m²
additional cost if
polystyrene is used
(about $1050 for 150
m²).
There may be some
cost to suppliers of
foil insulation due to
a reduction in sales.
However, MBIE
understands that at
this point in time foil
insulation is not
commonly sold for
use in retrofits so we
expect the loss to
suppliers to be
relatively minor.
Implementation of proposed ban
The proposed ban is intended to be in place by 1 July 2016 in line with planned changes to the
Residential Tenancies Act and the introduction of new Residential Tenancy Regulations, which are
intended to come into force by 1 July 2016. There will be no transitional period and the ban will
apply to any building work carried out from the day the ban comes into force.
Prior to the implementation of any ban under Section 26 of the Building Act MBIE will publicly notify
its intention to issue the ban.
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Foil insulation in existing buildings
There could be cases in existing buildings where existing foil insulation is electrically live in all or
parts of the underfloor area of a building. For example, if foil insulation has been installed previously
with the power off and not tested for safety once power was restored. MBIE suggests building
owners engage the services of a registered electrician12 if they have any concerns about previously
installed foil insulation in their building.
In practice, MBIE cannot eliminate the risk of any person checking their existing insulation. However,
we can ensure information is available on how to do this safety. This will be a focus of the
information campaign on the new residential tenancy requirements. WorkSafe NZ – Energy Safety as
part of its functions as regulator of electrical safety under the Electricity Act 1992, is also intending
to make guidance, in the form of an Electrical Code of Practice, publically available that sets out the
requirements for protecting persons and property from serious harm due to improperly installed foil
insulation. The requirements for all residential premises set out in this Code will enable building
owners and the industry to manage electrical safety risks associated with installing new, and working
with fitted, foil insulation. WorkSafe NZ is running a consultation process on the proposed Code of
Practice from the 6-27 May 2016, with the finalised document intended to be available by 1 July
2016.
The Residential Tenancy Regulations are also proposed to require any new installations of insulation
to comply with the existing voluntary insulation installation standard, NZS4246 Energy Efficiency –
Installing Insulation in Existing Buildings, to ensure installations are undertaken safely and according
to best practice.
The advantages of adopting NZS4246 are that it:




covers most housing designs and construction types as well as the most common insulation
products
better defines good practice post-installation to ensure that it is clear what levels of
insulation have been installed
provides hazard management and risk identification processes for the people undertaking
the work to follow and,
provides specific guidance on protecting the health and safety of the installer.
12
The register of registered electricians is available on the Electrical Workers Registration Board website
www.ewrb.govt.nz.
Page 15 of 19
How to comment
Comments on the proposed ban can be submitted by:
Email to [email protected]
Please put ‘Feedback on Consultation – Foil Insulation’ in the subject line of the email.
or
Post or courier to:
Determinations and Assurance
Ministry of Business, Innovation and Employment
15 Stout Street
PO Box 1473
Wellington 6140
The closing date for submissions is 5pm Tuesday 24 May 2016.
A submission may range from a short letter on one issue to a substantial response covering multiple
issues. Please provide relevant facts, figures, data, examples and documents where possible to
support your views. We appreciate receiving an electronic copy of posted submissions, preferably in
Microsoft Word or searchable PDF format.
All responses will be public information
If requested, the Ministry may have to release your response to other individuals or organisations
under the Official Information Act 1982.
There might be grounds under that Act to withhold information provided in your response (such as
privacy concerns or commercial sensitivity). Please indicate in your submission if there is any
information you would like to be withheld. If the Ministry decides to withhold any information, the
requestor can ask the Ombudsman to review the decision.
Contact information
If you have any questions, or require more information, please contact us by:
Phone: on 0800 242 243, or +64 4 238 6362 from overseas (between 8.30am and 5pm NZ time)
or
Email: to [email protected]
Page 16 of 19
Appendix 1: Building Code Clause A1—Classified Uses
2.0 Housing
2.0.1 Applies to buildings or use where there is self-care and service (internal management). There are three
types:
2.0.2 Detached dwellings
Applies to a building or use where a group of people live as a single household or family. Examples: a holiday
cottage, boarding house accommodating fewer than 6 people, dwelling or hut.
2.0.3 Multi-unit dwelling
Applies to a building or use which contains more than one separate household or family. Examples: an
attached dwelling, flat or multi-unit apartment.
2.0.4 Group dwelling
Applies to a building or use where groups of people live as one large extended family. Examples: within a
commune or marae.
3.0 Communal residential
3.0.1 Applies to buildings or use where assistance or care is extended to the principal users. There are two
types:
3.0.2 Community service
Applies to a residential building or use where limited assistance or care is extended to the principal users.
Examples: a boarding house, hall of residence, holiday cabin, backcountry hut, hostel, hotel, motel, nurse’s
home, retirement village, time-share accommodation, a work camp, or camping ground.
3.0.3 Community care
Applies to a residential building or use where a large degree of assistance or care is extended to the principal
users. There are two types:
(a) Unrestrained; where the principal users are free to come and go. Examples: a hospital, an old people’s
home or a health camp.
(b) Restrained; where the principal users are legally or physically constrained in their movements. Examples: a
borstal or drug rehabilitation centre, an old people’s home where substantial care is extended, a prison or
hospital.
7.0 Outbuildings
7.0.1 Applies to a building or use which may be included within each classified use but are not intended for
human habitation, and are accessory to the principal use of associated buildings. Examples: a carport, farm
building, garage, greenhouse, machinery room, private swimming pool, public toilet, or shed.
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Appendix 2: Building Code Clause G9—Electricity
Provisions
Limits on application
Objective
G9.1
Objective G9.1 (b) shall apply only to those
buildings to which section 47A of the Act applies.
The objective of this provision is to ensure that:
(a)
in buildings supplied with electricity, the electrical
installation has safeguards against outbreak of fire and
personal injury, and
(b)
people with disabilities are able to carry out normal
activities and processes within buildings.
Functional requirement
G9.2
Where provided in a building, electrical installations shall be
safe for their intended use.
Performance
G9.3.1
The electrical installation shall incorporate systems to:
(a)
protect people from contact with parts of the installation
which are live during normal operation, and to prevent parts
of the installation or other building elements becoming live
during fault conditions,
(b)
permit the safe isolation of the installation and of electrical
fittings and appliances,
(c)
safeguard people from excessive temperatures resulting
from either normal operation of electrical equipment, or
from currents which could exceed the installation rating,
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Provisions
Limits on application
(d)
safeguard people from injury which may result from
electromechanical stress in electrical components caused by
currents in excess of the installation rating,
(e)
protect building elements from risk of ignition, impairment
of their physical or mechanical properties, or function, due
to temperature increases resulting from heat transfer or
electric arc,
(f)
operate safely in its intended environment, and
(g)
safeguard against ignition of the surrounding atmosphere
where it is potentially flammable or explosive.
G9.3.2
An electrical installation supplying an essential service shall:
(a)
maintain the supply for a time appropriate to that service,
and
(b)
be capable of being isolated from the supply system,
independently of the remainder of the installation.
G9.3.3
An electrical installation connected to an electrical supply
system, shall contain safeguards which protect the safety
features of the external supply.
Performance G9.3.4 shall not apply to housing,
outbuildings, ancillary buildings, and to industrial
In buildings intended for use by people with disabilities, light buildings where no more than 10 people are
switches and plug socket outlets shall be accessible and
employed.
usable.
G9.3.4
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