Dangerous, Insanitary and Earthquake Prone Buildings Policy

Transcription

1 Dngerous, Insnitry nd Erthquke Prone Buildings Policy Decemer 2011

2 Tle of contents Introduction... 3 Dngerous nd Insnitry Buildings Section of the Policy... 3 Introduction nd Bckground Policy Approch Priorities Heritge Buildings nd Dms Other Structures... 6 Erthquke Prone Buildings (EPB) Policy Section... 7 Introduction nd Bckground Policy Approch Other Structures Appendices Extrcts from Building Act Extrcts from New Zelnd Historic Plces Trust Guide to Heritge Provisions: Dngerous, Erthquke- Prone, Insnitry Buildings nd Dngerous Dms Policies: Building Act 2004 (1 st Jnury 2011) / Decemer

3 Introduction The Building Act 2004(BA 04) requires Territoril Authorities to develop policy for dngerous, insnitry nd erthquke prone uildings. As prt of Whngrei District Council's Building Consent Authority (BCA) Accredittion proposl, the following policy hs een prepred. The policy document incorportes ll of the issues relted to dngerous, insnitry nd erthquke prone uildings, ut hs een roken into two sections for ese; whilst providing for one document in terms of consulttion under the provisions of the Locl Government Act 2002 (LGA 02). Dngerous nd Insnitry Buildings Section of the Policy Introduction nd Bckground Section 131 of the Building Act 2004 requires councils to dopt policy on dngerous nd insnitry uildings. The definitions of dngerous nd insnitry uildings re set out in Sections 121 nd 123 of the Act respectively (refer Appendix). In generl terms, dngerous uildings re those which re lile to collpse or to e fire hzrd with the potentil to cuse loss of life or injury; wheres insnitry uildings hve prolems with moisture, drinking wter or humn wste disposl. This document sets out the policy the Whngrei District Councils, which hs een prepred in ccordnce with the requirements of the Building Act The policy is required to stte: 1 The pproch tht the Council will tke in performing its functions under Act 2 Council's priorities in performing those functions 3 How the policy will pply to heritge uildings. In developing nd dopting its dngerous nd insnitry uildings section of this policy, the district councils will e following the consulttive procedure set out in Section 83 of the Locl Government Act Extensive use hs een mde of the guidnce mteril provided y the Deprtment of Building nd Housing in prepring this document/policy. 1 Policy Approch 1.1 Policy Principles It is noted tht provisions of the Building Act in regrd to dngerous nd insnitry uildings reflect Government's roder concern with the sfety of people in uildings. Indeed, the purposes of the new Act s set out in Section.3 include ensuring tht: c People who use uildings cn do so sfely nd without endngering their helth; nd Buildings hve ttriutes tht contriute to the helth, physicl independence, nd well-eing of the people who use them; nd People who use uilding cn escpe from the uilding if it is on fire. It is lso recognised tht lnce must e struck etween the need to ddress the risk posed y dngerous nd insnitry uildings nd other priorities, tking into ccount the socil nd economic implictions of implementing ny policy. Whilst heritge uildings will e ssessed in mnner consistent with ssessments for other potentilly dngerous or insnitry uildings, specil efforts will e mde to meet heritge ojectives. It is importnt tht in strengthening, upgrding nd/or ltering such uildings, heritge vlues nd their protection re not lost sight of. Discussions will e held with owners nd the New Zelnd Historic Plces Trust to identify mutully cceptle wy forwrd: 1.2 Overll Approch The ultimte ojective in implementing this prt of the policy is to chieve complince with the Act with respect to dngerous nd insnitry uildings. It is recognised tht the Act provides severl sttutory tools 11/ Decemer

4 such s issuing forml notices to crry out remedil work, Council doing the remedil work itself, or ordering demolition; however Council will lwys in the first instnce seek the co-opertion of the lndowner concerned to chieve complince, without hving to resort to the forml notice provisions of the Act. A flexile pproch must e tken to chieve this overll ojective ecuse of the diversity of situtions which result in uildings eing dngerous or insnitry. Fctors to e tken into ccount in determining the pproch to e tken include: n ssessment of the scle nd immedicy of risk to the pulic, nd to the occupiers n ssessment of the likelihood of hrm to djoining properties, including contmintion of wter odies c the vilility nd viility of lterntive ccommodtion options. Council recognises tht it is not well plced to offer lterntive ccommodtion. Council is nevertheless committed to the 'Whole of Government' pproch contemplted in the Community Outcomes process nd thus will provide for good working reltionship with Housing New Zelnd nd other socil gencies. 1.3 Identifying Dngerous nd Insnitry Buildings This Council does not hve the resources to crry out systemtic survey of the stndrd of uildings cross the District, ut will rely on the oservtions of its stff s well s informtion provided to Council y memers of the pulic, thus remining proctive without creting sustntil dditionl cost. 1.4 Assessment In ssessing whether or not uilding my e dngerous with respect to fire hzrd, Council my seek the dvice of the New Zelnd Fire Service s provided for in Section. 121(2) of the Act. In ssessing whether or not uilding my e insnitry with respect to drinking wter nd wste disposl, Council my seek the dvice from ll pproprite sources, such s its Environmentl Helth service providers, or technicl uilding specilists, nd refer to pproprite ylws, etc. 1.5 Interction etween Dngerous nd Insnitry Buildings Policy nd Relted Sections of Building Act Section 112: Altertions to Existing Building Whenever uilding consent ppliction is received for ny work on uilding which is suject to notice pursunt to Section 124(1)(c) of the Act, then irrespective of the generl priorities set y Council for deling with dngerous nd insnitry uildings, Council will require the owner to include in the ppliction ny work necessry to mke the uilding sfe nd snitry. Where Council hs grounds for elieving tht uilding my e dngerous or insnitry, nd uilding consent ppliction is received for upgrding or ltertion of tht uilding, then Council my require the owner to provide detiled ssessment of the dngerous nd insnitry performnce of the uilding in its existing condition prepred y suitly qulified nd experienced person. Council will not issue uilding consent unless it is stisfied tht the uilding is not dngerous or insnitry nd tht the uilding work will not detrimentlly ffect the uilding's complince with the Building Code, or impct on other legisltion or ylw requirements. If the uilding is shown to e dngerous or insnitry, then Council will require tht remedil work e crried out to ensure tht it will comply s nerly s is resonly prcticle with the provisions of the Building Code Section 115: Chnge of Use Whenever uilding consent ppliction is received for chnge of use of uilding tht is suject to notice pursunt to S124(1)(c) of the Act, Council will require the owner to include in the ppliction ny work necessry to mke the uilding sfe nd snitry. Where Council hs grounds for elieving tht uilding my e dngerous or insnitry nd uilding consent ppliction is received for chnge of use of tht uilding then, it my e requirement of the uilding consent tht the owner provide detiled ssessment of the sfety or snittion of the uilding in its existing condition, prepred y suitly qulified nd experienced person. 11/ Decemer

5 If the uilding is shown to e dngerous or insnitry then Council will require tht remedil work e crried out to ensure tht it will comply s nerly s is resonly prcticle with every provision of the Building Code tht reltes to structurl performnce s is required y Section 115()(i)(A). 1.6 Recording Building's Dngerous or Insnitry Sttus A register will e kept of ll dngerous nd insnitry uildings for which it hs issued notice pursunt to Section 124(1)(c) of the Act noting the sttus of requirements for improvement or the results of improvement s pplicle. In ddition, the following informtion will e plced on the relevnt property file for ech dngerous nd insnitry uilding: c d A description of the uilding A sttement tht the uilding is on Council's register of dngerous nd insnitry uildings The dte y which remedil work or demolition is required (if known) In the cse of Heritge Buildings, Council will ensure tht the New Zelnd Historic Plces Trust is notified on ny such uilding identified s dngerous or insnitry 1.7 Economic Impct of Policy Council will tke into ccount the cost of effecting remedil work in ssessing the vrious mens of reducing the hzrd to humn life presented y uilding which hs een identified s dngerous or insnitry. Also the vilility of lterntives to continued use nd occuption of the uilding, oth in the short nd long term. It is considered likely tht Housing NZ nd other socil gencies my ecome involved in such n ssessment. 1.8 Access to Dngerous nd Insnitry Building Informtion Informtion concerning the sfety nd snittion sttus of uilding will e contined on the relevnt Lnd Informtion Memorndum (LIM) or Project Informtion Memorndum (PIM). In grnting ccess to informtion concerning dngerous nd insnitry uildings, Council will conform to the requirements of the relevnt legisltion. 2 Priorities Recognising tht uilding will only e clssified s dngerous if it is likely to cuse injury or deth nd insnitry if it is likely to e injurious to helth; Council hs prioritised the requirement to repir or demolish uildings s follows, in descending order of priority: 1 The uilding is likely to cuse injury or deth to the pulic using pulic plce or nother uilding. 2 The uilding, eing uilding to which the pulic hs ccess, is likely to cuse injury or deth to people in it. 3 The uilding not eing pulic uilding is likely to cuse injury or deth, or e injurious to the helth of its occupnts. 4 The uilding is likely to e injurious to the helth of the pulic using djcent lnd or wterwys. Hving stted priority list however, it is felt tht lthough uilding my fll into lesser ctegory; ech cse should e considered on its own merits. It my e possile therefore tht ctegory four uilding might require n immedite response if the nture of the effect is elieved significnt enough. 3 Heritge Buildings 3.1 Specil Considertions nd Constrints Council elieves it is importnt tht its heritge uildings continue to hve the opportunity to contriute to the socil nd culturl fric of the District. Council does not wish to see the intrinsic heritge vlues of these uildings unnecessrily ffected y structurl improvement mesures. Therefore heritge uildings will e ssessed in the sme wy s other dngerous nd insnitry uildings nd discussion held with owners nd the Historic Plces Trust to identify mutully cceptle wy forwrd. Specil efforts will e mde to meet heritge ojectives, without compromising sfety or snittion concerns. 11/ Decemer

6 The identifiction nd consulttion of mtters relting to Heritge Buildings should e crried out in ccordnce with Pges 16 to 18 of the New Zelnd Historic Plces Trust's Guide to Heritge Provisions: Dngerous, Erthquke-Prone, Insnitry Buildings nd Dngerous Dms Policies Building Act 2004 (1 st Jnury 2011) ppended to this policy. 3.2 Definition of Heritge Buildings. For the purposes of this policy the definition of `heritge uilding' is tht definition descried on pges 8 nd 9 of the New Zelnd Historic Plces Trust's Guide to Heritge Provisions: Dngerous, Erthquke Prone, Insnitry Buildings nd Dngerous Dms Polices: Building Act 2004 (1 st Jnury 2011) ppended to this policy. 4 Other Structures 4.1 Bridges Council will work with other gencies, such s Trnsit New Zelnd for Stte Highwys, or other internl deprtments, such s Council s roding division, when considering ny ridge tht my e considered to e dngerous, to identify mutully cceptle wy forwrd. 11/ Decemer

7 Erthquke Prone Buildings (EPB) Policy Section Introduction nd Bckground Section 131 of the Building Act 2004 requires Council's to dopt n erthquke prone uildings policy. The definition of n erthquke prone uilding is set out in Section 122 of the Building Act 2004 (refer ppendix). In generl terms however, erthquke prone uildings cn e sid to e those tht due to their construction nd the type of ground on which they re founded; would e likely to collpse in moderte erthquke, cusing injury or deth or dmge to other property, nd the definition of moderte erthquke is defined in Regultion 7, 2005/32: 'In reltion to uilding, n erthquke tht would generte shking t the site of the uilding tht is of the sme durtion s, ut tht is one-third s strong s, the erthquke shking (determined y norml mesures of ccelertion, velocity nd displcement) tht would e used to design new uilding t the site. The erthquke prone section of the policy needs to consider whether the community wishes to see uildings strengthened to the gretest extent possile or whether the locl circumstnces wrrnt such n pproch. Further, once this is estlished, how proctive should Council e in ensuring ction is tken to meet policy/sttutory requirements. Council hs used the Deprtment of Building nd Housing (DBH) templte in the development of this policy 5 Policy Approch 5.1 Policy principles The sme principles pply to this section s per the dngerous nd insnitry uildings section of this policy (see 1.1). Pulic sfety nd the protection of life is prmount. The policy hs een developed vi consulttion with rtepyers of the district in ccordnce with Section 83 of the Locl Government Act 2002 (LGA 02). Whilst heritge uildings will e ssessed in mnner consistent with ssessments for other potentilly erthquke-prone uildings, specil efforts will e mde to meet heritge ojectives. It is importnt tht in strengthening, upgrding nd/or ltering such uildings, heritge vlues nd their protection re not lost sight of. Discussions will e held with owners nd the New Zelnd Historic Plces Trust to identify mutully cceptle wy forwrd. 5.2 Overll Approch Councils re required to chieve their sttutory oligtions under the Building Act with respect to EPB. However, councils will lso consider other issues in estlishing policy for EPBs, which includes: The seismicity of the re the council dministers. Any other policies it my hve estlished under the previous Building Act 1991, Section 66. c The level of strengthening to e estlished nd the time frmes in which those levels must e chieved. Council will lso consider whether it wishes to tke n ctive or pssive stnce in reltion to how it ddresses its policy regrding EPBs. An ctive pproch would men tht progrmme of n initil evlution of uilding stock within the District is crried out nd risk ctegoristion of those uildings is produced. All the uildings re then put onto n ctive list which results in Council greeing timetle to hve the uildings rought up to the pproprite requirements to comply with the legisltion. A pssive pproch still requires n initil list to e drwn up of the District s uilding stock, ut estlishes triggering system to enct ny upgrding work; such s uilding consent pplictions or uilding chnges of use; or even potentilly no ction. 11/ Decemer

8 It is elieved prcticl to dopt comintion of oth n ctive nd pssive pproch in the District, with triggering mechnism vi consent pplictions, chnges of use, with ech uilding then eing considered on its own merits s to how much should e done to the uilding nd to wht level, in order to comply with the code. It is lso considered tht uilding stock list should incorporte existing seismic uilding register uildings nd ny uildings previously identified within tht regime tht hve not reched the 33.33% of NBS required should e plced t the top of the new list nd pursued in more ctive mnner. Therefore once Council hs prepred seismic uilding list vi the Independent Evlution Process (IEP), uilding owner would e notified tht their uilding hs een identified s eing erthquke prone nd e required to prepre detiled ssessment nd sumit it to council within 36 months of the new Policy eing pproved. An ppliction for uilding consent or chnge of use will lso trigger the requirement for n ssessment to e undertken nd the ppliction will only e processed on the sis tht detiled report will e supplied nd consent will not e issued without the seismicity of the uilding eing ddressed. The nture of the District does not justify fully ctive pproch s the seismicity of the re is identified s Low. 5.3 Identifying Erthquke Prone Buildings An evlution of uilding stock within the District will e undertken y Council stff. The evlution will e desk top exmintion of Council records, to identify potentilly t risk uildings with regrd to the likelihood of the uilding eing seismiclly t risk. Once the initil evlution hs tken plce it is intended tht uilding owners will e contcted to inform them of the results. Once n initil evlution process (IEP) hs een crried out, with ny uildings identified s potentilly eing erthquke prone, the uilding will need to e ssessed y the owner using n ppropritely qulified Engineer within 36 months of the Policy eing pproved. And undertke ny remedil work within 20 yers or t the time of the next Building Consent ppliction Such n pproch will enle owners to discuss their intended plns for the uilding nd whether n cceptle solution cn e chieved without evoking Section 124 of the Building Act; for exmple demolition within specified time. Should this not e possile, then ction under Section 124 of the Building Act 2004 will e pursued s deemed pproprite; this my include erection of hordings, fencing or wrning signs nd does not necessrily men written notice, lthough tht could lso e used to chieve complince. When pursuing detiled ssessment, it is intended tht the owner crries the ssessment out hving first greed with Council stff involved, tht the ssessment will e cceptle. Where this is greed, detils should e confirmed in writing. Where n owner is unwilling to ssist, detiled ssessment will e crried out y Council stff/consultnts nd costs sought from the owner s required. Entry to undertke the ssessment will e otined under Section 222 of the Building Act Assessment Criteri for Buildings The council will recommend the NZSEE stndrd form s the preferred sis for technicl nd criteri requirements of ny ssessment. However, the level to which uildings re defined s erthquke prone is one third (or 33 1/3%) s strong s uilding of similr type, designed within the requirements of the current uilding code. Hence if uilding were to e strengthened to 34% of the Current stndrd, it cn e considered s outside of the mit of this policy. Should n erthquke prone uilding e upgrded to level tht stisfies the NZSEE requirements, (67%of the current stndrd) then ny chnge to uilding codes or stndrds is unlikely to ffect those uildings for considerle time, nd chieving the NZSEE level should hve the effect of prolonging the possiility of the need for further upgrding. It is cknowledged tht oth the Erthquke Prone nd Dngerous/Insnitry Buildings section of this policy re suject to review every five yers. Therefore n IEP nd uilding stock review under the policy my e necessry nd hence uildings will utomticlly e ressessed on n ongoing sis. 5.6 Chnge of use, Extension of life nd Sudivision Chnge of use, extensions of uilding life nd sudivision, re covered under sections 114 to 116 of the Building Act Primrily these sections del with ltering uilding to provide residentil use, from uilding tht hs nother use. 11/ Decemer

9 Where such chnge is proposed then the policy cknowledges tht different principles will pply nd tht the uilding must e mde to comply s nerly s prcticl s if the uilding were new uilding. Therefore ny upgrding work will e considered on the sis of new uilding nd the minimum criteri to remove the EPB sttus my not pply. 5.7 Recording of Erthquke Prone Sttus As prt of the initil `desk top' evlution process, Council will produce list or register of ll uildings within its District tht hve een identified s potentilly erthquke prone. All records for the individul uildings in terms of register sttus will e put onto property files nd e mde ville upon request or s prt of LIM or PIM. In the cse of Heritge Buildings, Council will ensure tht the New Zelnd Historic Plces Trust is notified on ny such uilding identified s erthquke prone 5.8 Economic impct of Policy The primry function of the legisltion nd this policy is to improve life sfety concerns. The introduction of this policy will crete n economic urden on uilding owners nd where n owner does experience significnt issues in this regrd concessions my e fesile vi the provision of dditionl time nd such provisions will e considered on cse y cse sis. 5.9 Priorities With respect to the priorities of other requirements under this policy, the following is proposed: 1 IEPs to e crried out on n re sis over 12 months. c CBD nd mjor djcent res Built up suurs Completion of district 2 Detiled ssessments following IEP potentil identifiction of EPB: Where it is estlished, the uilding is likely to e erthquke prone or the informtion is inconclusive, the owner is to provide to council seismic report from suitle qulified Engineer within 36 months of the Policy eing pproved. 3 The uildings identified in these reports s flling elow 33,33% of the new uilding stndrd e upgrded within 20 yers, or t the time of the next uilding consent whichever comes sooner Heritge uildings Council cknowledges the importnce of heritge uildings, whilst t the sme time eing wre tht uilding sfety is prmount. Council does not wish to see heritge uildings within the community dversely ffected y mjor structurl ltertions tht not only ffect the uilding ppernce, ut hve the potentil to ecome too costly for owners to chieve cceptle levels of complince. To ddress such issues Council my consider funding to ssist in the structurl review of the uilding nd lso review the time frmes in terms of chieving structurl performnce levels, enling greter opportunity for owners to rise funds to meet the requirements tht will not impct on the ppernce. The identifiction nd consulttion of mtters relting to Heritge Buildings should e crried out in ccordnce with Pges 16 to 18 of the New Zelnd Historic Plces Trust's Guide to Heritge Provisions: Dngerous, Erthquke-Prone, Insnitry Buildings nd Dngerous Dms Polices: Building Act (1 st Jnury 2011) ppended to this policy Definition of Heritge Buildings For the purposes of this Policy the definition of 'heritge uilding' is tht definition descried on pges 8 nd 9 of the New Zelnd Historic Plces Trust's Guide to Heritge Provisions: Dngerous, Erthquke- Prone, Insnitry Buildings nd Dngerous Dms Polices: Building Act 2004 (1 st Jnury 2011) ppended to this policy. 11/ Decemer

10 6 Other Structures 6.1 Bridges Council will work with other gencies, such s Trnsit New Zelnd for Stte Highwys, or other internl deprtments, such s Council s roding division, when considering ny ridge tht my e considered to e dngerous, to identify mutully cceptle wy forwrd. 11/ Decemer

11 Appendices Extrcts from Building Act Mening of dngerous uilding 1 A uilding is dngerous for the purposes of this Act if: in the ordinry course of events (excluding the occurrence of n erthquke), the uilding is likely to cuse i injury or deth (whether y collpse or otherwise) to ny persons in it or to persons on other property; or ii dmge to other property; or in the event of fire, injury or deth to ny persons in the uilding or to persons on other property is likely ecuse of fire hzrd or the occupncy of the uilding 2 For the purpose of determining whether uilding is dngerous in terms of Su Section (1)(), territoril uthority- my seek dvice from memers of the New Zelnd Fire Service who hve een notified to the territoril uthority y the Fire Service Ntionl Commnder s eing competent to give dvice; nd if the dvice is sought, must hve due regrd to the dvice. 122 Mening of erthquke prone uilding 1 A uilding is erthquke prone for the purposes of this Act if, hving regrd to its condition nd to the ground on which it is uilt, nd ecuse of its construction, the uilding: will hve its ultimte cpcity exceeded in moderte erthquke (s defined in the regultions); nd would e likely to collpse cusing: i ii injury or deth to persons in the uilding or to persons on other property; or dmge to ny other property. 2 Su Section (1) does not pply to uilding tht is used wholly or minly for residentil purposes unless the uilding: comprises 2 or more stories; nd contins 3 or more household units. 123 Mening of insnitry uilding A uilding is insnitry for the purposes of this Act if the uilding: c d is offensive or likely to e injurious to helth ecuse: i ii of how it is situted or constructed; or it is in stte of disrepir; or hs insufficient or defective provisions ginst moisture penetrtion so s to cuse dmpness in the uilding or in ny djoining uilding; or does not hve supply of potle wter tht is dequte for its intended use; or does not hve snitry fcilities tht re dequte for its intended use. 11/ Decemer

12 Extrcts from New Zelnd Historic Plces Trust Guide to Heritge Provisions: Dngerous, Erthquke-Prone, Insnitry Buildings nd Dngerous Dms Policies: Building Act 2004 (1 st Jnury 2011) Pge 8 nd 9 - Definition of Heritge Buildings 4 Heritge Buildings In the preprtion of erthquke-prone, dngerous nd insnitry uildings policies, the term `heritge uildings' is dopted in section 131 of the Building Act. This term is lso used in sections 125 with regrd to provision for copies of requirement notices to e provided to the NZHPT. There is n importnt distinction etween erthquke-prone policies nd dngerous nd insnitry uildings policies under section 131 of the Building Act. Erthquke-prone uildings cn include ny uildings with the exception of uildings tht re wholly or minly for residentil purposes unless the uilding comprises 2 or more storeys nd contins 3 or more household units. Erthquke-prone uilding policies under section 131 of the Building Act does not cover residentil heritge uildings unless tht residentil uilding: comprises 2 or more storeys nd contins 3 or more household units. This provision should e mde cler within locl uthority policies. Dngerous nd insnitry uilding policies under section 131 pply to ll types of uildings s there is no exclusion for residentil uildings within the mening of dngerous nd insnitry uildings. Consequently, ll types of heritge uildings my e covered y dngerous nd insnitry uildings policies. Within the mening of uilding under section 8 nd 9 of the Building Act, it is pproprite tht locl uthority indictes in policies the community's understnding of heritge uildings within its district or region. To cpture the wide-rnging nture of the terms heritge uildings, it is suggested tht they my include, ut not e limited to: Any uilding within ny proposl to register or registered historic plce, historic re, whi tpe, or whi tpu re under the Historic Plces Act Any uilding listed s historic heritge item in ny district or regionl pln prepred under the Resource Mngement Act Any heritge uilding or Actively Mnged Historic Plce listed in Historic Resources Strtegy or Conservtion Mngement Strtegy nd Conservtion Mngement Pln prepred under the Conservtion Act Any heritge uilding listed in reserve mngement pln prepred under the Reserves Act Any uilding estlished y the Mãori Lnd Court under the Te Turi Whenu Mori Lnd Act 1993 for historic nd culturl purposes. Any uilding of importnce to tngt whenu tht hs een listed in n iwi mngement pln. Any structures or uildings ssocited with historic cemetery or memoril. Any uilding mnged for heritge purposes y gencies such s NZHPT, Ministry of Culture nd Heritge, the Deprtment of Conservtion, nd locl uthorities. Any uilding tht is suject to heritge order, heritge covennt or other protective covennt. Any other heritge uilding deemed to hve heritge vlue using est prctice criteri nd reserch, including uildings identified within ntionl or district heritge inventories or heritge policy. It is importnt to note, tht heritge uilding tht hs een constructed efore 1900 my lso e n rcheologicl site under the Historic Plces Act Under section 2 of the Historic Plces Act 1993, n rcheologicl site is defined s ny plce in New Zelnd tht either - ws ssocited with humn ctivity tht occurred efore 1900; or is the site of the wreck of ny vessel where tht wreck occurred efore 1900; nd - is or my e le through investigtion y rcheologicl methods to provide evidence relting to the history of New Zelnd. Under section 9(2) of the Historic Plces Act 1993, the NZHPT my declre ny post-1900 site to e covered y the rcheologicl site definition in section 2 y notice in the Gzette. 8 11/ Decemer

13 Section 10 of the Historic Plces Act 1993 directs tht n uthority is required from the New Zelnd Historic Plces Trust if there is `resonle cuse to suspect n rcheologicl site (recorded or unrecorded), my e modified, dmged or destroyed in the course of ny ctivity. An uthority is required for such work whether or not the lnd on which n rcheologicl site my e present is designted, or resource or uilding consent hs een grnted. Policies for dngerous uildings should lso provide for ny uilding of specil trditionl or culturl usge nd uildings of significnt culturl historicl, or heritge vlue in terms of section 4(c) of the Building Act These uildings my include churches, mre, nd ppking. Pges 16 to 18 incl - Identifiction nd consulttion of mtters relting to Dngerous, Insnitry nd Erthquke-prone Buildings nd Dms, in reltion to Heritge Buildings 5.5 Exmples of Model Heritge-Relted Policies on Dngerous, Erthquke-Prone nd Insnitry Buildings Below re exmples of the types of policies tht territoril uthorities my include in policy documents relting to dngerous, erthquke prone nd insnitry uildings: Generl Council, in the implementtion of procedures under the Building Act 2004 with regrd to dngerous, erthquke prone, or insnitry uildings, will tke into ccount ny specil trditionl nd culturl spects of the intended use of uilding nd the need to fcilitte the preservtion of uildings of significnt culturl, historicl, or heritge vlue. This will e chieved y: Recognising the rnge of heritge uildings tht my exist in the district, including the NZHPT Register; listed heritge plces, uildings of significnce to iwi, nd other uildings of significnce to the community Ensuring erly identifiction of heritge uildings t risk Ensuring erly consulttion with owners of heritge uildings Informing nd involving relevnt sttutory orgnistions, including NZHPT with regrd to ny heritge uildings identified s t risk Considering heritge vlues when mnging ny uilding identified s t risk Considering heritge vlues when developing upgrding proposls Providing trgeted ssistnce to the owners of heritge uildings. In reltion to ny detiled ssessment of uildings t risk nd in reltion to ny heritge uilding, the following mtters will e considered: The heritge significnce, integrity nd condition of the historic heritge including ny significnt components or fric nd fetures of heritge vlue. Any relevnt economic mtters 19 Any sttutory protection, including ny listing in the District Pln, reserve mngement provision, covennt, heritge order or s n rcheologicl site under the Historic Plces Act 1993 Any dvice from NZHPT or professionl conservtion orgnistion, heritge professionl, including Council's own heritge dvisers (if relevnt) The principles of the ICOMOS New Zelnd Chrter 20 Any relevnt conservtion report, conservtion pln, condition report, mngement pln, heritge ssessment or other document 21 In implementing the provisions of section of the Building Act, Council will consider lterntive methods to void unnecessry demolition of heritge uildings including: Restricting pulic ccess nd erecting pulic wrning notices (section 124(1)()()) Consulting owners nd NZHPT in relting to ny proposed written notice requiring work Providing extended timefrmes for heritge uildings in relting to ny written notice requiring work Ensuring tht ny written notice requiring work provides options to repir the uilding s pproprite 11/ Decemer

14 In ssessing the upgrding of heritge uildings to meet the Building Act requirements, the locl uthority will exmine lterntive levels of complince with the Building Act nd consider the vrying effects on the heritge vlues of the uilding. in ddition, ny ssessment for the upgrding of heritge uildings will consider the following mtters: The principles of the ICOMOS New Zelnd Chrter. Ensuring tht ll new work involves miniml possile intrusion to the site nd the heritge fric of the uilding Any dvice from NZHPT or professionl conservtion orgnistion, heritge professionl, including Council's own heritge dvisers 11/ Decemer