An inspection by WorkSafe of the Kings Square construction site has concluded the site is safe for workers and members of the public.

WorkSafe inspectors attended the site on October 8, 2015 following a report that a small amount of asbestos was found in a trench near the Horseshoe Bridge.

WorkSafe WA Commissioner Lex McCulloch said he was confident the site was safe for work to continue.

“Operators of the site organised for the removal of the asbestos in accordance with the strict guidelines in place that control the removal, transportation and disposal of asbestos found in the community,” Mr McCulloch said.

“As the site has previously been used for many purposes over many years, there is a very strict sampling and testing regime in place to ensure workers and members of the public are not exposed to any contaminants.

“Our inspectors have scrutinised the frequency and the results of testing of the samples during excavation of the site and WorkSafe is certain that that there is no current risk to the health or safety of workers on site or anyone who may live or work nearby.”

Further information on construction safety can be obtained by telephoning WorkSafe on 1300 307877 or visit the website at www.worksafe.wa.gov.au.

Media contact: Alan Hynd 6552 9248 or 0429 078 791 (media enquiries only), or email at alan.hynd@commerce.wa.gov.au

Follow @WorkSafeWA on Twitter

With Acting Consumer Protection Commissioner Gary Newcombe

Are you planning home improvements? Perhaps a TV show like ‘The Block’ has inspired you to renovate. Consumer Protection has some important recommendations for you to consider before you hire tradespeople to carry out jobs at your property.

Our top tip is NOT to pay large amounts of money for nothing in return.

Recently we have issued warnings about WA tradies who have taken big deposits up front and then failed to carry out or complete the work, leaving consumers out of pocket and considerably inconvenienced.

For the second time we are urging Western Australians not to deal with Mark Edward Straw, currently trading as Complete Ceilings and Renovations Pty Ltd of High Wycombe and formerly trading as Marks Ceilings & Renovations. Since Consumer Protection first publicly named him in June 2013, we have received a further ten complaints from consumers who have paid a total of $67,200 in deposits for unfinished work.

We also urge people not to do business with Gosnells tradesman Christopher Ronald Francis Gordon, trading as Flash Concrete. He has taken deposits of up to 50% from seven consumers, totalling more than $36,000 and has not begun the jobs.

Consumer Protection recommends consumers make small deposits of no more than 10% and then make progress payments upon delivery of materials and completion of work. If a tradesperson insists on a higher deposit and you feel this is justified, for example for customised or made-to-measure products, consider using a credit card. There may be extra fees but at least with a credit card you can seek a charge back from your bank if you do not receive what you paid for. If you pay cash or by bank transfer you don’t have this protection.

When building work is between $7,500 and $500,000, the Home Building Contracts Act makes it illegal for the contractor to take a deposit that is more than 6.5% of the contracted price.

Our other key message is to do some research into a tradesperson before you give them money. You need to be sure they are reputable and have a proven track record. The internet is a good place to start. Get the ABN and search for the business registration on the Australian Securities Investments Commission website: www.asic.gov.au. If they are in a profession that needs a licence or registration (builder for contracts over $20K, electrician, plumber, painter etc.) check the licence and registration search facility at www.commerce.wa.gov.au. Individuals and businesses that are on Consumer Protection or the Building Commission’s radar due to complaints or previous legal actions will also be searchable on the Department of Commerce website.

If possible you should ask friends, family, social media connections or an industry body or association for their recommendations. Be sure to check out references provided by a tradesperson and ask if you can see examples of previous good work. Getting quotes from two or three different tradies is also a good idea to compare price and value.

When you select a tradesperson, ensure there is a clear agreement, preferably in writing, on when the work is to start and be completed. You have the right to cancel the contract and demand a refund if there are unreasonable delays. Under the Australian Consumer Law (ACL), it is an offence to accept payment for work and then not complete it as agreed, or within a reasonable timeframe. Under the ACL services must also be carried out with due care and skill.

If you have a problem with a service provided by a tradesperson, or have paid money and are facing an unacceptable wait for the job to be finished, you should contact Consumer Protection by email: consumer@commerce.wa.gov.au or call 1300 30 40 54. In some cases we may refer you to our colleagues at the Building Commission.

Gary Newcombe.jpg, by CP Media

The State Government has announced reforms for building in bushfire-prone areas of Western Australia. 

 The Department of Fire and Emergency Services has prepared a map which identifies the bushfire-prone areas across the State.  A bushfire hazard assessment will be required for new homes in areas identified as bushfire-prone on the map. 

The assessment will determine the level of construction standards for bushfire resistance to be applied, as identified in the Building Code of Australia and the Australian Standards AS3959. 

Read the full media statement

Go to the Building Commission's Building in designated bushfire-prone areas webpage

Registered building contractor John Anthony Kaminski (reg. BC3878), as the nominated supervisor for the company TLF Construction Group Pty Ltd (reg. BC11766), has been fined $2,000 by the Building Services Board for negligent conduct and failing to properly manage and supervise a building project, following a disciplinary proceeding under the Building Services (Registration) Act 2011.

The Board found Mr Kaminski was negligent in that he had continued to carry out the construction of a medical centre in Karrinyup after the building permit for the work had expired, an issue he had raised with the director of the company.

Mr Kaminski acknowledged that a number of workmanship issues had continued under his supervision, which resulted in the Board’s finding that he had failed to properly manage and supervise the building project. These issues remained unrectified when the company went into external administration in regards to the Karrinyup building project only in July 2014.

When the administrator appointed Mr Kaminski as the preferred builder to complete the project, he was able to address issues with faulty or unsatisfactory work he had identified earlier. Prior to being appointed by the administrator, Mr Kaminski engaged the services of his own trades and specialists to rectify some of the most critical issues with the work, for which he bore the costs. Mr Kaminski had not been repaid by the company at the time this media statement was issued.

Since taking over the project, Mr Kaminski has continued to engage the services of his own trades and specialists to rectify all issues. The project was completed in August 2015.

In determining the penalty to be imposed, the Board took into consideration Mr Kaminski’s cooperation with Building Commission investigators; that he had provided supporting evidence to his claims; that he had no direct control over the conduct of the company and its director; and his desire to ensure the project was completed in a proper and proficient manner.

The Board has decided to pursue disciplinary action against the company and its director Dan Van Le in the State Administrative Tribunal in relation to this and other building projects.

“This case is a reminder to anyone involved in the building process of the importance of meeting their responsibilities under the building laws,” Building Commissioner Peter Gow said. “The Building Commission and the Building Services Board will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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Jandakot builder Kerry George Parsons (BC4277 & BP4277) has been ordered by the Building Services Board to pay a fine of $5,000 for negligent conduct.

Mr Parsons was found to be negligent under the Building Services (Registration) Act 2011 in carrying out a building service without a valid building permit, which is an offence under the Building Act 2011. Valued at $1 million, the building work involved the construction of a four-storey residential dwelling in Coogee in 2015.

Mr Parsons’ conduct came to the attention of the Building Commission through a complaint made against him by the City of Cockburn in May 2015. The City carried out three separate site inspections where it found unauthorised building work had continued to be carried out at the site, despite it having:

• in May 2015 advised Mr Parsons that the uncertified building permit application and plans for forward works were pending upon the receipt of a structural engineer’s certification and consent forms for work affecting other land;
• in May 2015 advised Mr Parsons that the building permit application had been refused due to the unapproved building work at the site; and
• in July 2015 ordered the work be stopped as a building permit had not been issued for the construction of the dwelling.

The unauthorised building work, which included site works, storm water and pre-lay work and the erection of tilt-up panels, was retrospectively approved by the City. In August 2015, a building permit was issued for the remaining work.

This is not the first time Mr Parsons has faced disciplinary action for building offences. In August 2006, following an investigation by the former Builders’ Registration Board, he was ordered by the State Administrative Tribunal to pay a fine of $1,000 for carrying out a building service without a valid building permit and failing to ensure the work was in accordance with the planning approval.

“In Western Australia, a building permit is required before building work, as defined in the Building Act 2011, is carried out,” said Building Commission Acting Executive Director Jane Vallance.

“It is important that builders meet their responsibilities in respect to building permits for safety reasons – it is the person named as the builder on the permit who is responsible for ensuring that the building is completed in accordance with the plans and specifications and complies with the applicable standards.

“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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Jandakot tiler Jose Antonio Arguijo, as the sole director and secretary of Plaza Tiling Pty Ltd, has been prosecuted by the Building Commissioner for offences the company committed when carrying out renovations in Rockingham and Como between June 2011 and March 2013.

In the Perth Magistrates Court on 2 March 2016, Mr Arguijo was ordered to pay fines of $66,700, compensation totalling $109,865.16 and costs of $1,718 after being found guilty in his absence to 14 charges under the Home Building Contracts Act 1991.

Plaza Tiling entered into two contracts with the owners of both the Rockingham and Como properties between June and November 2011. The contracts were valued between $29,000 and $157,250 and were for bathroom and tiling renovations at two houses on each site. In relation to each of the contracts the court found the company had:

• failed to ensure the contracts set out all the terms, conditions and provisions in writing, and were signed by both the company and the owner;
• entered into contracts that provided for it to receive a deposit in excess of 6.5 per cent of the total value of work;
• failed to obtain a policy of home indemnity insurance; and
• demanded payments that were not genuine progress payments after the commencement of work.

“The Home Building Contracts Act sets out the minimum requirements for contracts and applies to home building and associated work valued between $7,500 and $500,000,” said Building Commissioner Peter Gow.

“Plaza Tiling’s conduct resulted in serious financial consequences for the property owners, which would have been avoided had the company met its responsibilities under the Home Building Contracts Act.”

Plaza Tiling demanded and received excessive deposits for all four contracts, ranging between 25 per cent and 66 per cent of the contract value, but none of the work was completed.

In relation to one of the Rockingham contracts the owners paid Plaza Tiling a total of $122,550 but the company ceased work after only 38 tiles were laid. The Como property owners paid Plaza Tiling a total of $50,000 but only two ensuite floors and two ensuite walls were tiled.

On 9 October 2012, a liquidator was appointed to wind up Plaza Tiling. On 9 November 2014, the company was deregistered by the Australian Securities and Investments Commission (ASIC). As Plaza Tiling did not obtain a policy of home indemnity insurance for any of the four contracts, the owners were unable to recover any money from an insurer upon the company’s liquidation.

The court ordered Mr Arguijo to pay compensation of $96,915.16 to the Rockingham property owners, and $12,950 to the Como property owners.

“Home owners can protect themselves by familiarising themselves with their rights and responsibilities before they engage a person to carry out home building work. Information for consumers can be found in the ‘Building or renovating your home’ section of the Building Commission website,” Mr Gow said.

“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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Collie painter Troy Raymond Anderson, trading as T & S Painting, has been ordered to pay a $3,500 fine and costs of $569.64 after being successfully prosecuted by the Building Commissioner for registration offences.

In proceedings finalised in the Collie Magistrates Court on 23 March 2016, Mr Anderson pleaded guilty to 10 charges under the Building Services (Registration) Act 2011. The charges related to four contracts Mr Anderson entered into for the carrying out of painting work at four Collie properties and one Allanson property between February 2015 and June 2015.

Four charges were for undertaking to carry out, and another four charges were for carrying out, a prescribed building service for another person while not being a registered painting contractor. The remaining two charges against Mr Anderson were for holding out or implying that he was entitled to carry out painter work for another when he was not. The value of the contracts ranged between $1,947 and $6,644.

Mr Anderson was a registered painter under the repealed Painters Registration Act 1961 until February 2002 but he did not hold a painter registration under the current Building Services (Registration) Act until 11 November 2015 (PC100310 & PP100311).

While unregistered, Mr Anderson between March and April 2014 placed advertisements for his painting services in the Collie Mail newspaper and Collie Business & Telephone Directory which included his expired registration number.  When quoting for work at two of the properties, Mr Anderson informed the owners that he was an experienced painter and was qualified to perform any type of painting work. He provided one of the owners with his expired registration number.

“In Western Australia, it is an offence to carry out painting work valued over $1,000 for another person for profit or reward without the required registration,” Building Commissioner Peter Gow said.

“The registration system is an important protection for consumers and the building industry – it ensures that a person with the necessary qualifications, knowledge and experience carries out work that meets proper standards.

“Having previously held a painter registration, Mr Anderson would have been aware of his registration obligations under the building laws at the time he committed these offences. Consumers should protect themselves by checking their painter holds the required registration before engaging their services on the Building Commission website, or by contacting us for assistance.

“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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East Perth registered building contractor, J-Corp Pty Ltd (BC6415), has been fined $2,500 by the Building Services Board for negligent conduct under the Building Services (Registration) Act 2011. The company’s conduct related to the laying of a slab for a residential dwelling at a Baldivis property in August 2014.

The Board found J-Corp was negligent by failing to ensure the slab was constructed in accordance with the applicable building codes and standards and the approved plans and specifications, as required under the Building Act 2011.

The company’s conduct came to the Building Commission’s attention through a routine inspection carried out as part of its audit program. A Building Commission inspector, who was on-site at the time the concrete was being poured, found issues with the reinforcement of the slab and the possible disturbance of termite prevention measures caused by a concrete truck being driven over the prepared ground.

An independent inspection report obtained by J-Corp recommended remedial works which the company carried out. The City of Rockingham retrospectively approved the remedial works in October 2014 and issued J-Corp with a new building permit for the remaining works.

“While J-Corp rectified its work, the company’s initial conduct put the home owners’ interests and safety at risk,” Building Commissioner Peter Gow said.

“The action taken by the Building Services Board in this instance sends a clear message to registered builders that penalties apply if they are negligent or act inappropriately.

“Home owners who believe they have faulty building work and are getting an unsatisfactory response from their builder may be able to lodge a complaint with the Building Commission.

"The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

Information on builders’ responsibilities and the building complaint process is available on the Building Commission website at www.commerce.wa.gov.au/building-commission or phone 1300 489 099.

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Pedrini Franchising Pty Ltd (reg. BC7215) and its directors Mark Pedrini, who is also the company’s nominated  supervisor (PC7215 and PP7356), and Natalie Pedrini have been ordered by the State Administrative Tribunal to pay fines totalling $6,000 and costs of $975 as a result of disciplinary action by the Building Services Board.

In a settlement reached on 16 March 2016, Pedrini Franchising was found to have engaged in misleading or deceptive conduct in connection with the contracting for and carrying out of painting work at a Marmion property in 2013. The contract was for internal and external painting work valued at $7,512.

Mark Pedrini quoted for the painting work and provided the owners with a terms and conditions document stating that ‘All work is carried out by registered trades people’.

The company represented to the owners that the contracted painting work would be carried out by a registered painter and failed to advise the owner that the franchisee who carried out the work was not registered.

The SAT ordered Pedrini Franchising to pay a fine of $3,000 and costs of $975. As the directors, Mark and Natalie Pedrini were fined $1,500 each.

The painting work at the Marmion property was carried out between March and April 2013 by director of Jackal Nominees Pty Ltd, Fortunato (John) Giovanni Del Fante, trading as Pedrini Painting – Del Fante, who did not hold a painter registration.

Mr Del Fante was successfully prosecuted by the Building Commissioner in the Perth Magistrates Court on 30 October 2015 for registration and contractual offences, including those committed in relation to work at the Marmion property. The court ordered Jackal Nominees Pty Ltd and Mr Del Fante to pay fines of $10,000 and costs of $414.60 each. The Building Commission issued this media statement about the prosecution: www.commerce.wa.gov.au/announcements/painting-company-and-director-fined. Mr Del Fante became a registered painting contractor and practitioner in January 2015 (reg. PP100134 & PC100095).

“Pedrini Franchising’s conduct deprived the owners of their right to choose a painter who was entitled to carry out painting work and of the assurance that their painter held the necessary qualifications, knowledge and experience to carry out work according to the appropriate standards,” Building Commissioner Peter Gow said.

“The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”

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Building Commissioner Peter Gow has issued a warning to Western Australian companies who fail to pay contractors, subcontractors and suppliers on time that they may be in breach of the Construction Contracts Act 2004.

Mr Gow said the maximum payment term for a construction contract covered by the Act is 50 days.

“If payment is not made within 50 days, the party claiming money can seek rapid adjudication of the payment claim,” he said.

“The claimant would have 28 days from the conclusion of the 50 day maximum payment term to apply for rapid adjudication.”

Mr Gow said that while contractors, subcontractors or suppliers were within their rights to insist the 50 day maximum was included in a construction contract before they entered into it, the Act still protected them.

“The Act requires payment to be made within 50 days after it is claimed regardless of whether a longer period is provided for in the construction contract,” he said.

Contractors and suppliers who believe they may be covered by the Construction Contracts Act should seek their own legal advice if needed.

A construction contract is defined in the Act as a contract or other agreement, whether in writing or not, under which a person has an obligation to carry out one or more of the following:

• construction work;
• supply goods related to construction work to the site where the construction work is being carried out;
• provide professional services that are related to the construction work on or off the site where construction work is being carried out; or
• provide on-site services that are related to the construction work on or off the site where construction work is being carried out.

Some exclusions to the Act apply, including on-site work related to drilling and the construction of plant for the purposes of discovering or extracting oil, natural gas or mineral deposits.

The Building Commission has issued Industry Bulletin 65: Maximum 50 day payment terms for construction contracts, which can be viewed at: www.commerce.wa.gov.au/publications/building-commission-industry-bulletins-complete-list.  

For information about the Act, including how to make a payment claim and the rapid adjudication process, visit www.commerce.wa.gov.au/building-commission/payment-disputes or phone 1300 489 099.

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The Building Services Board has fined Osborne Park builder Ventura Home Group Pty Ltd (BC10805) $5,000 and its nominated supervisor Justayn Bean (BP13268) $3,000 for negligent conduct under the Building Services (Registration) Act 2011.

The company’s conduct related to the laying of a slab for a residential dwelling at a Champion Lakes property in May 2014. The conduct resulted in the construction of a concrete slab and footings that did not comply with the applicable building codes and standards and the approved plans and specifications, as required by the Building Act 2011.

The Board found Ventura Home Group had failed to ensure proper management and supervision and that Mr Bean, as its nominated supervisor, failed to properly manage and supervise the works.

Concerned about cracks in the slab, the property’s owners lodged a building service complaint with the Building Commission in July 2014.

Inspections by the Building Commission and City of Armadale found issues with the slab, including the incorrect positioning of the reinforcing mesh within it.

In August 2014 the City ordered Ventura Home Group to immediately stop all work that had been progressing on site and to carry out remedial works, which were retrospectively approved in October 2014. The City issued Ventura Home Group with a new building permit for the remaining work. The Building Commission ordered further remedial works, which the company carried out under the new building permit.

“The slab is a key structural element in a building, so it is a critical component to get right,” said Building Commissioner Peter Gow.

“Ventura Home Group’s conduct was significant because its failure to carry out the building service in a proficient manner or to ensure the work was properly managed and supervised put the home owners’ interests and safety at risk.

“Home owners who believe they have faulty building work and are getting an unsatisfactory response from their builder may be able to lodge a complaint with the Building Commission.

"The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

Information on the building complaint process is available on the Building Commission website at www.commerce.wa.gov.au/building-commission/building-complaint or phone 1300 489 099.

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Unregistered Rivervale painter Raymond Patrick O’Sullivan, trading as Prime Finishes Painting Services, has been successfully prosecuted by the Building Commissioner for registration offences and failing to comply with a building remedy order.

In proceedings finalised at the Perth Magistrates Court on 12 February 2016, Mr O’Sullivan was ordered to pay fines of $4,500 and costs of $616.02 after pleading guilty to three charges in relation to painting work he contracted for and carried out at an East Victoria Park property in October 2014.

Two charges were for undertaking to carry out and carrying out painting work valued over $1,000 for profit or reward without the required registration, which are offences under the Building Services (Registration) Act 2011. One charge was for failing to comply with an order of the Building Commissioner, which is an offence under the Building Services (Complaint Resolution and Administration) Act 2011.

Valued at $3,200, the painting work involved the sealing and painting of all internal walls of a residence. Dissatisfied with Mr O’Sullivan’s work, the owners lodged a building service complaint with the Building Commission in March 2015.

The Building Commission inspected the work and in October 2015 ordered Mr O’Sullivan to remedy 11 workmanship issues within 28 days. Mr O’Sullivan did not comply with the order by the due date.

“This case is a reminder to anyone who carries out painting work that the Building Commissioner or State Administrative Tribunal can order them to remedy or pay money for incomplete or unsatisfactory work and will hold them to account if they do not comply with an order,” said Building Commissioner Peter Gow.

“Furthermore, people who carry out unregistered painting work face prosecution action by the Building Commissioner, which can result in significant penalties including fines.

“Consumers should protect themselves by engaging the services of a registered painter for work valued over $1,000. This will ensures that a person with the necessary qualifications, knowledge and experience carries out work that meets proper standards.

“The Building Commission will continue to prosecute and name those who put consumer interests and the reputation of the building industry at risk.”

An online registration check can be conducted on the Building Commission website at www.commerce.wa.gov.au/building-commission or phone 1300 489 099.

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North Fremantle building partnership Mark Desmond Tilbury (BP6681) and Susan Vaughane Tilbury (partnership BC11158), trading as Mark Tilbury Home Improvements, have been cautioned by the Building Services Board for failing to comply with an order of the Building Commissioner.

The building remedy order related to $136,370 in renovation work Mr Tilbury carried out to a Willetton residence from July 2010. Delayed by various defects requiring rectification the project did not reach practical completion until April 2012. Further faults and defects were identified by the owner after practical completion.

Dissatisfied with Mr Tilbury’s attempts to rectify his work, the owners lodged a workmanship complaint with the Building Commission in February 2014.

The Building Commissioner issued the partnership with a building remedy order in September 2014 requiring it to rectify six items of incomplete or unsatisfactory work. The order was not complied with by the 30 October 2014 due date. The owners chose to allow Mr Tilbury to continue with the rectification works, but alerted the Building Commission when the works remained incomplete in December 2014.

On 31 August 2015, the Building Commissioner ordered the Tilburys to pay the owners $2,479.32 for two of the six incomplete or unsatisfactory items which were agreed. The Tilburys disputed three of the remaining items on the payment order, all of which were referred to the State Administrative Tribunal (SAT) for a determination. On 22 February 2016, the SAT found the Tilburys did not comply with the three disputed items and ordered Mr Tilbury to pay the owners $9,928.12. The fourth item was dismissed.

“This case is a reminder to anyone who carries out building work that the Building Commissioner or State Administrative Tribunal can order them to remedy or pay money for incomplete or unsatisfactory work and will hold them to account if they do not comply with an order,” said Building Commissioner Peter Gow.

“Furthermore, builders who fail to maintain proper standards or who act inappropriately may face disciplinary or prosecution action by the Building Services Board, which can result in a caution or fines.

"The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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Dianella building company Frayson Pty Ltd (BC8331), trading as Instyle Residence and New Life Renovations has had its building contractor registration cancelled, its sole director and secretary Armand Noor has been made an ineligible person for one year and both have been fined and ordered to pay costs totalling $20,000 for the longest string of disciplinary allegations dealt with by the Building Commission.

The Building Services Board ultimately pursued 26 allegations against the company in breach of various building service Acts. The commencement of disciplinary action by the Board in March 2015 followed the company being suspended by the Building Commissioner on an interim basis in February 2015 because the Board was concerned of the risk it posed to present and future clients.

The allegations comprised of 18 counts of negligence; three counts of misleading or deceptive conduct; one count of fraudulent conduct; three counts of failing to properly or proficiently manage and supervise its work; and one count of engaging in harsh, oppressive or unconscionable conduct, all in connection with contracting for or carrying out a building service.

“Of particular concern was that the company had not engaged its nominated supervisor to supervise any of the building work it carried out. All management and supervision had been carried out by Mr Noor and it left a lot to be desired,” said Building Commissioner Peter Gow.

The allegations relate to work the company contracted for and carried out at six Perth properties – two in Churchlands and one each in Bicton, Nedlands, Fremantle and Menora – between 2006 and 2013. The company’s contract management in relation to a number of the sites was so poor that property owners were unable to know with any certainty how amounts claimed and paid related to their contracts.

The proceeding was ultimately settled by the consent of the parties. The State Administrative Tribunal (SAT) agreed that the company's building contractor registration should be cancelled and ordered the company to pay a $5,000 fine and costs of $10,000. As the company’s sole director and the person directly responsible for the actions of the company, the SAT agreed that Mr Noor should also be fined $5,000 and be declared an ineligible person for one year ending on 30 March 2017.

A company or partnership cannot be granted registration if an ineligible person is an officer of the company or one of the partners.

“The list of offences committed by Frayson was the most extensive I have seen in my role as Building Commissioner,” Mr Gow said.

“The company and Mr Noor’s conduct is unacceptable and put the safety and interests of the owners and the general public at risk.

“The Building Commission is committed to stamping out this type of conduct and will continue to hold to account and name those who put the reputation of the industry and the public interest at risk.”

In August 2015, having received information that Frayson may have continued to operate with a suspended registration, the Building Commissioner issued the following warning to the public: www.commerce.wa.gov.au/announcements/public-warned-avoid-dealing-unregistered-builder.

Full details of the SAT decision are available at: http://decisions.justice.wa.gov.au/SAT/SATdcsn.nsf/%24%24OpenDominoDocument.xsp?documentId=2F72FBB7F60EA23E48257F8D00269B53&action=openDocument&SessionID=EDIVLCDKIF.

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The Building Commission is working with the building industry and local government to improve quality control in the residential building process.

The following four key changes to the quality control process for framed roof construction will be made:

• Ensure builders and roof carpenters have adequate information to construct roofs correctly by prescribing minimum standards of documentation at the design stage;
• Introduce mandatory inspections of completed roof framing and tie downs to ensure roofs are constructed properly;
• Consistent compliance monitoring and enforcement by permit authorities; and
• Include relevant Western Australian construction practices in the National Construction Code.

The changes respond to a number of events and audits in Australia since 2013 that have shown lapses in quality control processes around building design, certification of compliance and construction. These include a general inspection of 123 sheet metal-clad, timber frame-roofed dwellings in the Perth metropolitan and South West coastal regions in 2014.

“This was the first general inspection completed by the Building Commission using powers granted by new building legislation in 2011,” Building Commissioner Peter Gow said. “General inspections can test how building services are being carried out, how building standards are being applied and whether building legislation is operating effectively.”

The general inspection looked at 12 critical points in timber-framed roof construction and assessed these against the deemed-to-satisfy requirements of the National Construction Code (NCC). While variations in design and construction meant not all 12 inspection points applied to every roof, the results, when aggregated, showed only 33 per cent of the points inspected satisfactorily met these requirements.

The inspection report concludes that some common roof construction practices in Western Australian are not covered by the deemed-to-satisfy provisions in the NCC and that documentation does not always provide builders and roof carpenters with sufficient detail on how a roof should be constructed to meet the applicable performance standards. The report also concludes that quality control and compliance enforcement processes are not working effectively and that there is an urgent need for improved understanding of the applicable standards for roof construction.

“Regular audits and inspections let us identify potential problem areas and work with the industry to deal with them before they pose a serious threat,” Mr Gow said.

“While non-compliance with the deemed-to-satisfy requirements of the National Construction Code does not automatically mean a roof will not meet the performance requirements or that it will fail to perform, the findings still raise concerns for the industry and government.

“The Building Commission is working with the building industry, local government, training bodies and individual contractors to address the report’s findings.”

The Commissioner said some builders had already responded with enhanced training and improved materials and construction methods.

“The industry’s response to the general inspection report and its recommendations shows a resolve to deliver better quality assurance and improved training for trades involved in roof construction in the future,” Mr Gow said.

“Under the leadership of building ministers, regulators are also working nationally to address issues associated with non-conforming products and non-complying building practices.

“Ongoing audits conducted by the Building Commission show an improvement in outcomes from those identified in 2014 and the introduction of documentation and inspection standards will further support quality construction.”

As part of the general inspection process, builders and permit authorities were made aware of any problem areas detected so that they could rectify the work.

Information for homeowners who may be concerned about their roof is available on the Building Commission website at www.commerce.wa.gov.au/building-commission/building-or-renovating-your-home-0. Alternatively, they can phone the Building Commission on 1300 489 099.

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West Perth building partnership Promeq Pty Ltd and Molouky Pty Ltd (reg. BC11750) has been fined $3,000 ($1,500 each partner) and its nominated supervisor Muin Qaqish of Subiaco (BC100885 & BP11578) $1,000 for negligent and misleading conduct as a result of disciplinary action by the Building Services Board.

The partnership’s conduct was in relation to three home building work contracts it entered into with the owners of properties in Maylands, North Perth and Bullsbrook between November 2009 and April 2010. The contracts were valued between $280,000 and $450,000 and were for the construction of, or additions and renovations to, dwellings.

The partnership was negligent in that:

• all three home building work contracts provided for it to receive a deposit in excess of 6.5 per cent;
• it demanded a payment prior to obtaining a policy of home indemnity insurance and providing the certificate of insurance to all three owners; and
•  it commenced work at the Bullsbrook property prior to obtaining a building permit.

The partnership was misleading in that it stated a lower amount than the contract value on its building permit application to the City of Swan for work at the Bullsbrook property.

The partnership is no longer registered, having volunteered to have its building service contractor registration cancelled by the Board as of 5 February 2015. Mr Qaqish remains a registered building service contractor in an individual capacity.

“The partnership’s conduct had the potential to expose the owners to significant financial and personal loss,” Building Commissioner Peter Gow said. “Had the partnership not volunteered to have its registration cancelled, the fines sought against it and its nominated supervisor would have been higher.”

The partnership’s conduct came to the Building Commission’s attention through compliance audits carried out in July 2008 and October 2010. As the partnership’s nominated supervisor, Mr Qaqish could also be fined in relation to the partnership’s conduct.

“The Building Commission is committed to removing this sort of conduct from the building industry, so the voluntary cancellation of this partnership’s registration is a good outcome,” Mr Gow said. “The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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Halls Head man Roy Keith Perkins (TL2619), director of Nucross (W.A.) Pty Ltd, trading as Perkins Plumbing Contractors, has been fined and had his plumbing tradesperson’s licence suspended by the State Administrative Tribunal (SAT) as a result of disciplinary action by the Plumbers Licensing Board (PLB).

In a settlement finalised on 18 April 2016, Mr Perkins admitted to fraudulent conduct in relation to the carrying out of plumbing work, which is a disciplinary matter under the Plumbers Licensing and Plumbing Standards Regulations 2000.

Mr Perkins’ plumbing tradesperson’s licence was suspended for six months from 18 April 2016 and he was ordered to pay the PLB a $2,500 fine and costs of $975.

The SAT heard that in August 2010 Mr Perkins entered into an arrangement with licensed plumbing contractor Kim Godfrey (PL986) under which he would make regular payments for
Mr Godfrey to sign the Notice of Intention and Certificate of Compliance documents for plumbing work carried out by Perkins Plumbing Contractors. This is commonly known as licence lending.

During the next two years the company carried out plumbing work on at least 28 residential and commercial projects in locations including Doubleview, Duncraig, Ellenbrook, Gingin, Hamersley, Heathridge, Innaloo, Karrinyup, Midland, Midvale, Mount Helena, Mullaloo, Mundaring, Ocean Reef, Parkerville, Swanbourne, Two Rocks, West Swan and Wickham.

“Mr Perkins’ fraudulent conduct in using someone else’s plumbing contractor licence to carry out and certify plumbing work put the public safety at risk and denied the owners of their right to ensure their plumbing work was safe and carried out in accordance with the regulations,” said PLB Chairperson Howard Croxon OAM. “If plumbing work is done incorrectly, it can cause the failure of plumbing equipment or systems and result in property damage, disease, injury or even death.”

While Mr Godfrey’s signing of the notices and certificates represented to the PLB that he proposed to carry out the plumbing work, he did not carry out or exercise general direction or control over the carrying out of the plumbing work as required by the Regulations.

In September 2015, the SAT suspended Mr Godfrey’s plumbing contractor’s licence for two years and ordered him to pay the PLB a fine of $5,000 and costs of $975 for fraudulent conduct in relation to this matter. Read the Building Commission’s media statement at: www.commerce.wa.gov.au/announcements/thornlie-plumber-suspended-and-fined.

“The Plumbers Licensing Board, through the Building Commission, is committed to stamping out this type of conduct,” Mr Croxon said. “We will continue to hold to account and name those who put the public interest and the reputation of the plumbing industry at risk.”

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The Department of Commerce – WorkSafe Division has released a Discussion Paper on recommendations to amend the model Work Health and Safety Regulations (the WHS regulations) for the Western Australian working environment.

All submissions must be accompanied by a cover sheet and you are encouraged to use one of the templates provided to assist you in organising your submission.

The simple template provides a blank table to enter your comments.  The comprehensive template includes the complete list of recommendations from the Discussion Paper and permits you to address any that interest you.

Your completed coversheet and submissions may be provided by mail or email as outlined below:

Mail:     WorkSafe, Department of Commerce, Locked Bag 14, CLOISTERS SQUARE WA 6850 - PLEASE MARK YOUR ENVELOPE “TO THE ATTENTION OF THE EXECUTIVE DIRECTOR, WORKSAFE – SUBMISSION ON WHS REGULATIONS”

Email:   WHSregulations@commerce.wa.gov.au

Note:     All commonly accessible electronic formats will be accepted for submissions but Word documents are preferred.

The closing date for submissions is 31 August 2016

On 16 December 2015, Mr Lex McCulloch the WorkSafe Western Australia Commissioner announced the Department of Commerce – WorkSafe Division (WorkSafe) would be undertaking a review of the model Work Health and Safety (WHS) Regulations for adoption in Western Australia.

The key principles of the review were to identify where they could be modified to make them more suitable for the Western Australian working environment, minimise prescription and keep the burden of compliance at an acceptable level.

Rockingham builder Gary Alan Cramphorn(reg. BC10775 & BP10775), trading as Xtra Construction, has been ordered by the State Administrative Tribunal (SAT) to pay a fine of $20,000 and costs of $3,200 as a result of disciplinary action by the Building Services Board.

On 20 May 2016, the SAT found that, after being registered as a building contractor and building practitioner, Mr Cramphorn:

• was convicted of an offence under the building laws;
• did not satisfy the financial requirements for registration under the building laws;
• failed to comply with an order of the Building Commissioner in relation to work at four properties – one each in Waikiki and Calista and two in Warnbro; and
• failed to ensure that a building service he carried out at one of the Warnbro properties had been properly managed and supervised.

“Maintaining high professional standards in the building industry is paramount to public safety,” said Building Commissioner Peter Gow. “Mr Cramphorn’s conduct forced all four property owners to seek intervention from the Building Commission in an attempt to have their work completed, which is unacceptable.”

Mr Cramphorn was successfully prosecuted by the Building Commissioner in September 2015 for failing to produce records to confirm his financial status. Read the media statement at www.commerce.wa.gov.au/announcements/failure-provide-financial-information-costs-builder.

The Building Services Board imposed conditions on Mr Cramphorn’s building contractor registration in August 2015 to limit his capacity to contract for and carry out building work or to apply for a building permit while it pursued this recent disciplinary action against him in the SAT. Read the media statement at: www.commerce.wa.gov.au/announcements/conditions-imposed-builders-registration.

“This case is a reminder to anyone who intends to break the building laws that this type of conduct will not be tolerated by the Building Commission,” Mr Gow said. “We will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

Mr Cramphorn’s building contractor and building practitioner registrations expired on 1 February 2016, meaning he would have to apply to the Board to have his registration reinstated.  The status of a builder’s registration, including any conditions imposed by the Board, can be viewed on the register at www.commerce.wa.gov.au/building-commission/find-registered-building-service-provider.

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