Queensland’s building industry watchdog has issued a public warning about Brisbane man Miroslav Bolfan in relation to building-related offences that include unlicensed and noncompliant electrical and plumbing work.

The Queensland Building and Construction Commission (QBCC) has issued the warning against Mr Bolfan and related business names that include MBN Australia, MBN, MBN Australia Bathroom Renovations and Tiling and MBN Cars.

Mr Bolfan has illegally used several different QBCC licence numbers, an expired licence number, and posed as two current QBCC licence holders by using their licence numbers.

The QBCC urges consumers, contractors and suppliers to be cautious in their dealings with Mr Bolfan and his businesses, and to exercise extreme caution and seek legal advice before making any payments, to protect their interests.

QBCC Commissioner, Brett Bassett, said that Mr Bolfan’s work was unlicensed and noncompliant, and posed a threat to public safety. “To help safeguard home owners, electrical and plumbing work must only ever be carried out by licensed individuals, which Mr Bolfan is not,” Mr Bassett said.

The QBCC is aware of several complaints about unlawful conduct by Mr Bolfan, and is concerned that he continues to carry out or undertake to carry out unlawful building work.

“We are also concerned that he continues to unlawfully advertise, pretends to be a licensee, fails to provide a compliant contract and takes excess deposits,” Mr Bassett said.

Mr Bolfan is believed to have performed work in Brisbane suburbs that include Bardon and Riverhills.

The QBCC strongly encourages consumers to only ever use appropriately licensed individuals, regardless of the size of a project,

The free licence check on the QBCC website will confirm if a person is licensed appropriately, and if necessary, consumers should ask for proof of a person’s identity.

The QBCC website also offers a free Find a Local Contractor search that allows consumers to find licensed, skilled tradespersons in their local area.

BACKGROUND

This warning is issued by the QBCC Commissioner to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.

Queensland’s building watchdog has issued a Public Warning about a Brisbane man for performing work outside his licence class, taking excessive deposits from home owners and failing to rectify defective work.

The Queensland Building and Construction Commission (QBCC) is urging consumers, contractors and suppliers to be cautious in their dealings with Matthew Todd Cooley and his businesses Renovations Brisbane Pty Ltd and Cooley M Services Pty Ltd, trading as Hire a Hubby Ascot (Qld).

The QBCC is aware of several complaints relating to Mr Cooley and his associated businesses, and warns anyone dealing with him and his businesses to exercise extreme caution, and to seek legal advice before making any payments, to protect their interests.

QBCC Commissioner, Brett Bassett, said the alleged offending had occurred in suburbs that included Balmoral, Norman Park, Hawthorne, Bulimba, Clayfield and Nundah.

He said complaints about building work by Mr Cooley and his businesses can be made by phoning the QBCC on 139 333.

“The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed,” Mr Bassett said.

The QBCC website also offers a free Find a Local Contractor search, that allows consumers to find licensed, skilled, local tradespersons.

Mr Cooley is alleged to have undertaken building work outside of his QBCC licence class, taken deposits in excess of the maximum allowed under the QBCC Act and failed to comply with a QBCC-issued direction to rectify defective building work.

BACKGROUND

This Public Warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.

A common question builders ask is: What are the venting requirements for domestic kitchen range hoods in Class 1 buildings? In this article, we will inform readers of the purpose and installation requirements of such range hoods and some important issues for consideration.

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A typical range hood found in a residential dwelling.

What is the purpose of a range hood?

Range Hoods are primarily installed in a residential dwelling to improve the air quality in a kitchen by capturing and/or discharging things such as water vapour, odours, smoke, grease and other potential pollutants emanating from the use of a cooktop. 

Without a functioning range hood, the discharges mentioned above can spread widely throughout the kitchen and adjoining rooms, resulting in a thin layer of difficult-to-remove grime deposited onto a range of surfaces.

How does a range hood work?

Range hoods generally work on the principle of an electric exhaust fan being located above the cooktop that extracts fumes and pollutants from the cooking area. This is via a filter membrane that catches vapours containing grease and oils. Once filtered, the air is either recirculated back into the kitchen area or discharged to an external air-space. 

Building Code requirements

The Building Code of Australia (BCA) contains no specific mandatory requirement that range hoods need to be installed in a Class 1 building.

What the BCA does require as an acceptable construction practice, is that natural ventilation is provided to any room being occupied by a person. Such natural ventilation can be provided via openable windows, doors or other devices of prescribed sizes relative to the room's floor area.

In circumstances where a window, door or another device cannot be located in a kitchen, the BCA also allows the borrowing of natural ventilation from adjoining rooms.

Installation requirements

Range hoods need to be installed in strict accordance with the product manufacturer's instructions. A determination should be made when entering into a building contract (via the specifications) regarding whether a recirculating or exhaust type range hood installation is required.

Clearly, in cases where a client requires the range hood to be exhausting to outside air, additional costs will be incurred in material, installation costs for ducting, outlets, etc. Some range hoods may even require a more powerful motor to exhaust to a remote location. 

Where to exhaust

Building contractors need to liaise with their clients and relevant suppliers/installers of the kitchen cabinetry and equipment to ensure that the range hood's location will allow for external exhaust if required by the client.

The most practical location to exhaust to outside air would be as close as possible to the range hood itself so that adequate venting can be achieved from the units fan motor. However, that may not always be practical so careful consideration of the exhaust outlet location is essential. 

The practice of venting a range hood exhaust into a ceiling space or wall cavity is not sound. Over time, pollutants such as grease and oil can build up creating a fire hazard along with associated odours and potential damage to insulation and the like.

Maintenance 

The cleaning or replacement of filters in range hoods is arguably one of the most overlooked pieces of routine maintenance required around a domestic dwelling.

If filters are not cleaned or replaced regularly, the range hood's efficiency will be degraded, and filters that are choked with flammable greases or oils become a potential high fire source risk. 

Further considerations

Whilst we have only discussed the issues surrounding range hoods in Class 1 buildings, building contractors are reminded that in other building classes, special requirements apply to range hood installations and the Australian Standard AS 1668.2 - Mechanical ventilation in buildings is referenced by the BCA to ensure a compliant range hood installation standard.

Inadequate construction of roof flashing is a major cause of leaking roofs. It remains in the top ten defects identified by the Queensland Building and Construction Commission (QBCC) building inspectors.

The QBCC considers flashing and accessories defective if they leak under weather conditions anticipated by the Building Code of Australia (BCA).

The rectification costs of the defect and resultant damage can be significant for contractors and consumers.

Contractors are responsible for their standard of work and should be aware of correct roof flashing methods. The QBCC can direct contractors to rectify, not only defective work but consequential damage as a result of leaking roofs.

Defective roof flashing systems are a common cause of water penetration in roofs. Examples of roof flashings include:

• cavity flashing 
• stepped flashing
• flashing between existing roofs and patio additions
• apron flashing
• hip and valley flashing
• post and pipe penetrations
• capping. 

It is essential to install a complete flashing system that intercepts, collects and discharges moisture or water back into the roof stormwater drainage system, not allowing moisture to enter the dwelling.

Apart from malleable flashings, which are fitted on-site, roof flashings should be purpose-made and machine-folded, of material compatible with all material used in the stormwater drainage system.

Both the Australian Standard 1562.1 Design and Installation of metal roof and wall cladding and the SA HB 39 Metal roof and wall cladding installation offer a comprehensive guide. Manufacturers also provide installation specification for their products. 

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Incorrect veneer cavity flashing to verandah apron flashing noting the incorrect flashing was also provided outside the wall vapour barrier, resulting in moisture pouring into the dwelling.

Source: building inspector.

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Cavity flashing fixed to timber frame and fitted to outside of masonry wall.

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HB39 Figure 8.7.2 Barge cappings.

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Cover flashing plus 75mm apron flashing turned up behind.

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Apron flashing over skillion patio roof extension to an existing roof.

When water can enter through a lap, it must be compressively sealed with an appropriate sealant.

The solutions provided are typical only and have been gathered from current and relevant building codes and Australian Standards. The methodologies described aim to achieve water-tightness by mechanical means rather than an over-reliance upon the use of sealants.

Building projects may often require the adaptation or development of ideas and solutions using the principles of sound waterproofing and flashing techniques as described in this fact sheet.

Note: Manufacturers of roofing and walling goods have developed specific design guides to assist the building industry in achieving compliance with the codes and standards. Readers are encouraged to take advantage of the manufacturer’s design guidelines where compliance with Australian Standard 1170.2 Structural design actions - Wind actions has been stated in their documentation.

Queensland’s building industry watchdog has issued a Public Warning about unlicensed fencer Graham James McKenzie, for alleged offences including taking excessive deposits and failing to perform any work.

Mr McKenzie’s trading names include Phoenix Fencing Constructions, Top Gun Fencing and McKenzie Fencing.

The Queensland Building and Construction Commission (QBCC) has launched legal proceedings against Mr McKenzie and urged property owners to avoid using him or any companies associated with him.

The QBCC is investigating an owner’s allegation that they paid a $10,000 deposit to Mr McKenzie in May for a retaining-wall project quoted at about $30,000 but work is yet to start.

QBCC Commissioner, Brett Bassett, said enquiries have also commenced into allegations that Mr McKenzie took four deposits in 2019 totalling almost $17,000 but did little, or no work.

Mr Bassett urged owners to only ever use QBCC-licensed contractors for building or renovation work, including fencing work, regardless of the size of the project.

This is the second recent QBCC Public Warning about a fencer, following the QBCC’s warning in November about Matthew Geoffrey Rixon.

In related news, a Gold Coast home owner who recently hired a fencer via an online service was left with a repair bill bigger than the cost of the original job, after the fencer botched and then abandoned the job, and also flooded the owner’s backyard.

The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm if a person is appropriately licensed.

The QBCC website also offers a free Find a Local Contractor search to help consumers locate a local, licensed and skilled tradesperson.

BACKGROUND

Deposits

Generally, if the cost of building work is $20,000 or more, the maximum deposit allowed is 5 per cent of the total contract price (including labour, materials and GST).

If the contract price is between $3,300 and $19,999, the maximum deposit is 10 per cent. An exception applies where more than 50 per cent of the value of the work is to be performed offsite (e.g. for kitchen renovations where the modules are custom-made in a factory), in which case the contractor is permitted to take up to 20 per cent deposit.

For jobs priced at $3,300 or less, the QBCC generally recommends no more than 20 per cent. For all contracts priced at more than $3,300, the number and timing of progress payments is a matter of negotiation between the owner and the contractor.

However, all progress payments must be related to the amount of work performed on site. For example, the contractor can't claim more than 50 per cent of the contract price, including the deposit, until at least 50 per cent of the work has been completed on site.

An overflow relief gully (ORG) is an essential element of the drainage system and unless there is an exemption, at least one shall be installed in a drain. It is intended to provide relief in the event of sewage surcharge, which is particularly important for the protection of property. There are specific requirements for an ORG and these are set out in the standard for sanitary plumbing and drainage, AS/NZS 3500 Part 2.

An ORG is to be located:

1. within the property boundary
2. external to the building
3. so that the top of the gully is accessible
4. positioned where any discharge will be noticeable.

The top of the gully must not be enclosed and must have clear access for more than 2m above the grate. Discharging points over the ORG must also be carefully considered as not to affect the grate’s ability to be released in the event of a surcharge. The standard also provides alternative locations where it is not possible to conform to these requirements, for example, located within a building or recessed within an external wall. These alternatives should only be used in circumstances where it is impracticable to meet the four main requirements.

ORG heights are critical in terms of providing effective relief from sewage surcharge and to avoid excess water from entering the drainage system. The minimum height between the top of the overflow gully riser and the lowest fixture connected to the drain is 150mm and must be maintained at all times. The lowest fixture includes a floor waste gully. This is intended to prevent sewage from entering the building.

The minimum height between the top of the overflow of the ORG riser and the finished surface level shall be 75mm, except where the gully riser is located in a path or a paved area. In this case, it shall finish at a level to prevent ponding and ingress of water. Plumbers and drainers must also be aware of ORGs in flood-affected areas.

The standard provides that in areas subject to known flooding, the inlet to a sanitary plumbing and drainage system shall be positioned at least 150mm above the declared flood level. The inlet could likely be the top of the ORG. It is therefore important to know what the declared flood level is for the property you are working on. Plumbers and drainers ought to know what the declared flood level is for the property before starting work. This will ensure compliance with the standard and avoid the possibility of enforcement action for non-compliance. For information about flood levels, please contact the local government.

Diagram 1 – Typical Overflow Relief Gully installation

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Example of an ORG riser located in a path or a paved area

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Example of a failure allowing the ingress of water.

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Example of a ORG riser allowing for turf, the turf being the ‘Finished Surface Level’.

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Warning about installation and maintenance of on-site sewage facilities and the failure of such systems.

This warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J 1(i) of the Queensland Building and Construction Commission Act 1991.

The QBCC issues this public warning about the installation and maintenance of on-site sewage facilities (OSSFs) due to the public health and safety impacts of failing OSSFs. 

OSSFs are generally installed on residential properties in un-sewered areas to treat the sewage generated from the property. Poorly designed, installed and maintained wastewater treatment systems can endanger the health of users, their neighbours, wildlife, domestic animals, the environment and drinking water sources. Effective treatment of sewage protects public health and safety, and ensures that the environment and community amenity are maintained or enhanced.

Advice provided by local governments in South East Queensland and studies undertaken by universities and other organisations indicate that there is a high failure rate of OSSF across their jurisdictions. A high failure rate of these systems presents a significant risk to public health and safety and the environment.

OSSFs require regular scheduled maintenance by properly licensed entities to ensure the ongoing health and safety of those in the immediate area. Failure can become apparent in different forms, including:

• Hydraulic failure: a visible failure leading to leaks, pooling or boggy soils
• Operational or maintenance failure: mechanical breakdown, damage to the system or its components, or a failure to maintain the system as required; and
• Compliance failure: a facility which has not been designed, installed or maintained in accordance with required codes or standards.

Ensure you engage appropriately licensed contractors with licensed workers to perform installation or maintenance work on OSSFs in Queensland. Further information about when a contractor licence is required for on-site sewage work is available from the QBCC website. If you are concerned about the installation or maintenance of your system, please contact your local government to seek advice.

If you are in doubt about whether the entity you are contracting with holds the correct licence to do the work, you can either:

• conduct a free online licence search
• contact us.

Background

Building designers and contractors should be aware that the minimum level of corrosion resistance used by manufacturers of metal framing brackets is Z275 gsm which is appropriate for internal applications only (within the building envelope) that are kept permanently dry. This is not appropriate for external weather-exposed applications subject to repeated wetting.

The QBCC has attended sites in response to complaints where non-compliance has been observed with metal joist hangers and other connectors, particularly in balcony and deck constructions that are weather exposed.

These weather-exposed balcony and deck constructions also commonly use treated timbers which can contribute to the accelerated corrosion of metal framing brackets and related fixings.

Where framing brackets are being utilised for applications other than in internal, dry-protected locations or when used in contact with treated timbers, brackets will require a higher level of corrosion protection and durability such as stainless steel.

The failure to utilise joist hangers and other connectors with the required levels of corrosion protection will lead to the early deterioration of these products resulting in a decrease in structural capacity, which in extreme circumstances could eventually contribute to the failure of a structure.

The QBCC has investigated a number of balcony and deck collapses, some of which unfortunately have resulted in death or serious injury to persons.

As part of the QBCC’s charter to maintain and improve building standards, the QBCC and related stakeholders, such as Timber Queensland, have published educational material to increase industry awareness for the need to properly consider the design and construction of structures such as decks and balconies.

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Despite the availability of this information, the QBCC is still observing situations where designers and contractors alike are not considering the critical role that these structural connectors perform along with the potential catastrophic consequences of any failure associated with the use of inappropriate hangers and connectors with respect to corrosion resistance.  

Timber Queensland has developed a simple process that practitioners are advised to follow to select the correct corrosion resistance for any framing connector. The two (2) criteria that need to be considered are:

• What is the corrosion zone?
• What is the exposure condition?

What are corrosion zones?

Sea spray zone – within 1km from a surf coast or 100m from bayside areas

Coastal zone – 1km to 10km from surf coast or 100m to 1km from bayside areas

Industrial zone – close proximity to industrial complexes where corrosive gases may be emitted

Special hazard zone – around swimming pools or areas within a building where the environment may impact upon the durability of connectors/brackets

Very low and low hazard zone – generally locations not described above.

What is an exposure condition?

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Enclosed – within a fully enclosed building envelope  

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Sheltered – locations not exposed to rainwater but subjected to wind-blown salts etc.

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Exposed – locations exposed to weather and rain i.e. decks, pergolas, open sub-floors etc.

What corrosion protection is required?

The following table provides the minimum corrosion protection for metal framing brackets/connectors for the various corrosion zones and exposure conditions.

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Going forward

The QBCC has noted that not all manufacturers of framing brackets or connectors may manufacture products to meet the required corrosion resistance ratings or, if manufactured, they are not commonly held in stock by retail hardware outlets and special orders may be required. 

Building contractors need to be discerning when purchasing the correct brackets/connectors to ensure appropriate levels of corrosion resistance are provided in any building works for which they are intended for use.

Queensland’s non-conforming building products laws, introduced in November 2017, place a positive obligation on all parties in the chain of responsibility to ensure building products meet all regulatory requirements.

If your supplier or hardware merchant cannot supply framing brackets or connectors with the required level of corrosion resistance, you should obtain your products from another source. Merchants are also required to ensure that documentation is available that evidences how any building product they are offering for sale meets relevant Australian Standards. 

Any observed failure to utilise the correct corrosion resistance of joist hangers or other connectors may result in the QBCC directing rectification of that non-compliant work.

The QBCC would recommend all building designers and contractors reference Timber Queensland’s Technical Data Sheet 35 – Corrosion Resistance of Metal Connectors at www.timberqueensland.com.au to better inform themselves as to how compliance can be achieved.

You can also find technical information on the QBCC website.

If building designers and contractors alike take on board the messaging contained within this technical feature and ensure compliance of installed joist hangers and other connectors, they can feel assured their works will be compliant and durable. They can also help to ensure the long-term performance and safe use of decks and balconies constructed in Queensland.  

The QBCC acknowledges the invaluable support of Timber Queensland in allowing the use of images and tables.