Building Professionals Board v Johnson [2008] NSWADT 60

Building Professionals Board v Johnson [2008] NSWADT 60

The respondent's failure to ensure that the construction certificate plans provided for required spandrels fell short of the competence and diligence expected of a reasonably competent accredited certifier. The absence of all required spandrels between multiple levels and at balcony/window joins also meant that issuing the interim occupation certificate breached the duty under cl 154 of the Environmental Planning and Assessment Regulation 2000, although the minor stairway width and height deviations did not, without compelling evidence of fire safety implications, establish that the building was a hazard. The conduct amounted to unsatisfactory professional conduct, but it was not...

Jurisdiction
Australia
Judgment Date
25 February 2008
Procedural Posture
Disciplinary Proceedings Concerning an Accredited Certifier / Final Decision on Disciplinary Findings and Order
Outcome
The respondent was found guilty of unsatisfactory professional conduct and cautioned; no finding of professional misconduct was made.
Legal Topics
['accredited Certifiers' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'construction Certificates' 'interim Occupation Certificates' 'fire Safety Compliance' 'building Code of Australia Compliance']
['administrative Law' 'building and Construction' 'professional Discipline'] ['accredited Certifiers' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'construction Certificates' 'interim Occupation Certificates' 'fire Safety Compliance' 'building Code of Australia Compliance']

Case Brief

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Procedural Posture

Disciplinary Proceedings Concerning an Accredited Certifier / Final Decision on Disciplinary Findings and Order

Legal Issues

  1. 1 ["Whether the respondent's issue of a construction certificate for plans that did not depict spandrels or other structures providing required fire separation amounted to professional misconduct or unsatisfactory professional conduct." "Whether the respondent's issue of an interim occupation certificate when spandrels were absent and stairway width and height requirements were not fully met breached the duty to be satisfied that the building would not constitute a hazard to occupants' health or safety." 'Whether the proven conduct was sufficiently serious to justify a finding of professional misconduct rather than unsatisfactory professional conduct.' 'What disciplinary order should be made.']

Ratio Decidendi

The respondent's failure to ensure that the construction certificate plans provided for required spandrels fell short of the competence and diligence expected of a reasonably competent accredited certifier. The absence of all required spandrels between multiple levels and at balcony/window joins also meant that issuing the interim occupation certificate breached the duty under cl 154 of the Environmental Planning and Assessment Regulation 2000, although the minor stairway width and height deviations did not, without compelling evidence of fire safety implications, establish that the building was a hazard. The conduct amounted to unsatisfactory professional conduct, but it was not...

Court Disposition

The respondent was found guilty of unsatisfactory professional conduct and cautioned; no finding of professional misconduct was made.

Orders

  • ['The Tribunal finds the respondent guilty of unsatisfactory professional conduct.' 'The Tribunal orders that Mr Johnson be cautioned.']