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.

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 is urging consumers, contractors and suppliers to be cautious in their dealings with unlicensed tradesperson Matthew Geoffrey Rixon and his fencing businesses.

Mr Rixon is associated with a number of business names including but not limited to:

• Coral Fencing ACN 35 628 833 741
• Wide Bay Fencing ACN 0 061 285 434
• All About Fences ACN 21 106 417 654
• East Coast Fencing Solutions ACN 35 628 833 741

Mr Rixon has also been known to operate under other aliases, including Matthew Douglas and Matt Douglas, and has at times been known to use similar names to legitimate and reputable companies in an attempt to lure unsuspecting consumers.

Mr Rixon is believed to be currently operating in the Wide Bay–Burnett area, particularly Maryborough, but has also recently been active in Bundaberg and Hervey Bay, the Sunshine Coast and Brisbane.  Mr Rixon does not currently hold a QBCC licence and is therefore not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland at a value of more than $3,300. Mr Rixon has also been alleged to have taken deposits in excess of the maximum allowed under the QBCC Act.

The QBCC is aware of several complaints of unlawful conduct by Mr Rixon, and is aware that complaints have also been made to the Office of Fair Trading and the Queensland Police. The QBCC warns all persons dealing with Mr Rixon and his businesses to exercise extreme caution and seek legal advice before making any payments, to protect their interests.

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 licensed appropriately.

The QBCC website also offers a free “Find a Local Contractor” search, that allows you to find licensed and skilled tradespersons in your local area.

Further information on licensing requirements can be found at QBCC's website or contact the QBCC on 139 333.

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.