Nathers-Accredited Software Tools
Treasury
AI summary
This FOI release from Treasury contains email correspondence from Western Australia's Department of Energy, Mines, Industry Regulation and Safety regarding concerns about manipulation of NatHERS-accredited software tools and performance solutions under the National Construction Code 2019 and proposed 2022 building codes for energy efficiency. The emails, dated July 2024, discuss inappropriate use of performance solution documentation and VURB (Verification Using Reference Building) manipulation in building energy efficiency assessments. Officials indicate the problem was expected to be resolved by 1 May 2025, with building surveyors who continued accepting inappropriate performance solutions potentially facing disciplinary complaints if audited or reported. The correspondence reflects internal coordination on regulatory compliance and enforcement mechanisms relating to building code energy efficiency standards.
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FOI 3971 Document 1 From: s 22 @dmirs.wa.gov.au> Sent: Monday, 22 July 2024 5:04 PM To: s 22 Cc: s 22 Subject: FW: Performance Solution Manipulation and VURB Manipulation of the NCC 2019 and future 2022 Building Codes for Energy Efficiency [SEC=OFFICIAL] # OFFICIAL **CAUTION** - This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe. HI s 22 s 22 Leo is on leave today and s 22 asked if I could assist while his computer is down. See s 22 response at the end of this email trail. Regards, s 22 Building and Energy Division Department of Energy, Mines, Industry Regulation and Safety 303 Sevenoaks Street Cannington WA 6107 s 22 s 22 @dmirs.wa.gov.au | www.demirs.wa.gov.au  GOVERNMENT OF WESTERN AUSTRALIA Department of Energy, Mines, Industry Regulation and Safety We respectfully acknowledge Aboriginal peoples as the Traditional Custodians of this land on which we deliver our services to the communities throughout Western Australia. We acknowledge their enduring connection to the lands, waterways and communities and pay our respects to Elders past and present. From: s 22 Sent: Monday, July 22, 2024 1:14 PM To: s 22 @dmirs.wa.gov.au> Subject: FW: Performance Solution Manipulation and VURB Manipulation of the NCC 2019 and future 2022 Building Codes for Energy Efficiency [SEC=OFFICIAL] From: s 22 @dmirs.wa.gov.au> Sent: Tuesday, July 9, 2024 10:38 AM To: s 22 @dmirs.wa.gov.au>; s 22 @dmirs.wa.gov.au> Cc: s 22 @dmirs.wa.gov.au> Subject: RE: Performance Solution Manipulation and VURB Manipulation of the NCC 2019 and future 2022 Building Codes for Energy Efficiency [SEC=OFFICIAL] Thanks s 22 Happy with that as a response. The problem shouldn't be a factor after 1. May next year and the building surveyors who do accept inappropriate performance solutions between now and then may be subject to a disciplinary complaint if they get reported or audited. Regards, s 22 Building and Energy Division Department of Energy, Mines, Industry Regulation and Safety 303 Sevenoaks Street Cannington WA 6107 s 22 s 22 @dmirs.wa.gov.au | www.demirs.wa.gov.au  GOVERNMENT OF WESTERN AUSTRALIA Department of Energy, Mines, Industry Regulation and Safety We respectfully acknowledge Aboriginal peoples as the Traditional Custodians of this land on which we deliver our services to the communities throughout Western Australia. We acknowledge their enduring connection to the lands, waterways and communities and pay our respects to Elders past and present. From: s 22 @dmirs.wa.gov.au> Sent: Tuesday, July 9, 2024 10:19 AM To: s 22 @dmirs.wa.gov.au> Cc: s 22 @dmirs.wa.gov.au>; s 22 @dmirs.wa.gov.au> Subject: RE: Performance Solution Manipulation and VURB Manipulation of the NCC 2019 and future 2022 Building Codes for Energy Efficiency [SEC=OFFICIAL] Hi gents, Draft reply to s 22 for consideration. Hi s 22 Thank you for raising the issue with us. Certainly, prior to reintroducing the modelling criteria for the VURB, we were receiving allegations that energy assessors were gaming outcomes while claiming compliance with the VURB. This was one of the reasons for IB 140. There have been less of these concerns raised recently. Notwithstanding, some may be continuing the previous practice with Performance Solution using a Verification Method other than the VURB in the NCC. It is up to the building surveyors responsible for assessing and certifying the designs for compliance with the NCC to ensure that Performance Solutions meet the Performance Requirements. We have emphasised this responsibility many time during our information sessions for building surveyors, bringing their attention to: - The Performance Solution Process in the NCC A2G2 (4) - The ABCB Performance Solution Process Handbook and other supporting documents such as the case studies. - Our guidance document for Fire Safety Performance Solutions (FSPS) which, while specific to FSPS has principles which can be applied to any Performance Solution. We have run several sessions, individual and as part of larger events, on the topic of Performance Solutions and the role of the building surveyor. We have also held a comprehensive information session specific to Energy Efficiency in NCC 2019, which ran through the DTS pathways and the VURB, the use of Performance Solutions and Appropriate Documentation. We have not planned on running anything further for NCC 2019 but will revisit energy efficiency for the purpose of NCC 2022. In doing so we will be drawing attention to the quantified Performance Requirements for performance of the building thermal energy flow and, the energy use of its domestic services. We have some expectation that the: - Quantified requirements and, - Recast elemental provisions (aligned with 7 Star) will further reduce the opportunity for gaming outcomes with Performance Solutions. Regard, s 22 s 22 Building and Energy Division Department of Energy, Mines, Industry Regulation and Safety 303 Sevenoaks Street Cannington WA 6107 s 22 s 22 @dmirs.wa.gov.au | www.demirs.wa.gov.au  GOVERNMENT OF WESTERN AUSTRALIA Department of Energy, Mines, Industry Regulation and Safety We respectfully acknowledge Aboriginal peoples as the Traditional Custodians of this land on which we deliver our services to the communities throughout Western Australia. We acknowledge their enduring connection to the lands, waterways and communities and pay our respects to Elders past and present. From: s 22 @ABCB.gov.au> Sent: Tuesday, July 9, 2024 9:20 AM To: s 22 @dmirs.wa.gov.au>; s 22 @dmirs.wa.gov.au> Cc: s 22 @abcb.gov.au> Subject: Performance Solution Manipulation and VURB Manipulation of the NCC 2019 and future 2022 Building Codes for Energy Efficiency [SEC=OFFICIAL] CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender's full email address and know the content is safe. ## OFFICIAL Hi s 22 I hope you are well. In the past few weeks, we have received an enquiry alerting us to companies in WA that are using a manipulation of a Performance Solution using NatHERS software to achieve sub-par energy efficiency standards that are being accepted by building surveyors. s 22 In my research I have noted the attached information that has been issued by WA which should address the gaming of the Performance Solution pathway. So, I wanted to reach out and ask whether this was an issue you were aware of, and any steps forward you may view necessary to circumvent any potential gaming now and also when WA adopts the NCC 2022 version in May next year. I look forward to hearing from you. Kind regards, s 22  ABCB s 22 s 22 Policy and Analysis (Energy Efficiency) Australian Building Codes Board s 22 s 22 @abcb.gov.au s 22 # Acknowledgement of Country Our department recognises the First Peoples of this nation and their ongoing connection to culture and country. We acknowledge First Nations Peoples as the Traditional Owners, Custodians and Lore Keepers of the world's oldest living culture and pay respects to their Elders past, present and emerging. The information provided by the ABCB is provided for general information purposes only. While we make every effort to ensure that information provided is accurate and up to date, such information does in no way constitute the provision of professional advice. The Commonwealth of Australia (acting on behalf of the Commonwealth of Australia, the State of New South Wales, the State of Queensland, the State of Victoria, the State of South Australia, the State of Tasmania, the State of Western Australia, the Australian Capital Territory and the Northern Territory (ABCB)) does not provide any warranties in relation to the accuracy, currency, reliability or completeness of any information provided by the ABCB. The ABCB accepts no responsibility or liability for any damage, loss, or expense incurred by you or anyone else that arises out of reliance on any information provided by the ABCB. You should make your own independent inquiries, undertake your own due diligence, and obtain your own independent professional advice prior to relying on, or making any decisions in relation to any information provided by the ABCB. OFFICIAL DISCLAIMER: This email, including any attachments, is intended only for use by the addressee(s) and may contain confidential and/or personal information and may also be the subject of legal professional privilege. If you are not the intended recipient, you must not disclose or use the information contained in it. In this case, please let me know by return email, delete the message permanently from your system and destroy any copies. Before you take any action based upon advice and/or information contained in this email you should carefully consider the advice and information and consider obtaining relevant independent advice. 5 FOI 3971 Document 2 From: s 22 @dcceew.gov.au> Sent: Thursday, 24 October 2024 5:47 PM To: s 22 Subject: RE: Performance Solution Report Example - Confidential [SEC=OFFICIAL] OFFICIAL CAUTION - This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe. Got it, (belated) thanks again s 22 From: s 22 @abcb.gov.au> Sent: Wednesday, 23 October 2024 12:07 PM To: s 22 dcceew.gov.au>; s 22 @ABCB.gov.au> Subject: RE: Performance Solution Report Example - Confidential [SEC=OFFICIAL] OFFICIAL Hi s 22 What you are hitting on is where the regulation meets our education materials. There is no hierarchy of compliance options in the NCC, all are considered equal. Industry perceive Performance as more complex than the DTS, which is reflected in ...