NCC provision A2.2(4) comes into effect on 1 July 2021, and sets out the formal process and documentation requirements for the development of Performance Solutions.

The application of A2.2(4) is commensurate with the complexity of the relevant Performance Solution. A large and complex Performance Solution will require an extensive performance-based design brief (PBDB) and detailed analysis. In contrast, a simple Performance Solution will have less onerous process and documentation requirements.

This article explains the application of A2.2(4), specifically where a building product’s compliance with a Performance Requirement is demonstrated by a CodeMark Australia Certificate of Conformity (CodeMark Certificate).

CodeMark Certification Scheme

The CodeMark Certification Scheme is a non-mandatory building product certification scheme that provides a method for verifying that a building product meets nominated requirements of the Building Code of Australia (BCA). As well as allowing a certificate to attest compliance with relevant Deemed-to-Satisfy (DTS) Provisions, the scheme permits a CodeMark Certificate to attest the compliance of a building product with relevant Performance Requirements of the BCA. *

Use of a building product certified in this manner represents a relatively simple Performance Solution for a construction practitioner, because technical analysis has already been undertaken by the Conformity Body who issues the CodeMark Certificate, making completion of the process and documentation requirements of A2.2(4) relatively simple.

Applying NCC Provision A2.2(4)

When a CodeMark Certificate is used to demonstrate compliance with a Performance Requirement, the following steps outline what would likely constitute an appropriate method of documentation:

1. Performance-based design brief (PBDB)

A PBDB is prepared outlining the proposed use of the relevant product, with input from relevant stakeholders. The brief will identify the relevant NCC provisions (including the DTS Provisions, if any exist, that do not need to be regarded), and note the intention to use a CodeMark Certificate to demonstrate compliance with the relevant NCC Performance Requirements.

2. Analysis

The Conformity Body who issued the CodeMark Certificate has undertaken analysis to demonstrate that the product meets the nominated Performance Requirements. It is common for the Conformity Body to outline limitations and exclusions over use of the product, and these outline the circumstances in which the product meets NCC requirements. Therefore, analysis should consider the proposed use of the product and ensure it falls within the limitations outlined in the CodeMark Certificate.

3. Evaluation

This step entails checking that the CodeMark Certificate is valid and so can be relied upon. The JAS ANZ website contains a register of all valid CodeMark Certificates.

4. Final report

The final report will nominate the relevant NCC requirements identified in the PBDB, declare that use of the relevant product in the proposed development falls within the limitations of the CodeMark Certificate, and report that the certificate is current and valid. In doing so, the report will verify that the relevant Performance Requirements have been met.

More information about the CodeMark Certification Scheme, including the scheme rules, is available here. Further information about Provision A2.2(4) can also be found in our recent Connect article.

* Note: where a CodeMark Certificate attests compliance with one or more Performance Requirements, use of the relevant product constitutes a Performance Solution under A2.2(2)(a). Where a CodeMark Certificate demonstrates compliance with one or more DTS Provisions in addition to one or more Performance Requirements, use of the relevant product constitutes both a DTS Solution and a Performance Solution.

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