NSWGOVERNMENT

CustomerService

Attn, the Proper Officer Sydney Christian Life Centre Ltd (ABN 79 002 637 069)1-9 Solent Crescent NORWEST NSW 2153

Email to: hello@hillsong.com

Service: by post to registered business address and by email

28 June 2021

Building Work Rectification OrderSection 33 of the Residential Apartment Buildings (Compliance

and Enforcement Powers) Act 2020

Sydney Christian Life Centre Ltd (ACN 002 637 069) (Developer) is being given this Building Work Rectification Order (Order) in relation to Otto 2, 32 - 38 Rothschild Avenue, Rosebery (Phase 2), NSW 2018 (Strata Plan 91752) (“the Building”).

Sydney Christian Life Centre Ltd is required to cause building work to be carried out to eliminate or remediate the serious defect or potential serious defect as set out in Schedule A to this Order.

Please read this Order carefully. You must comply with the Order by 5pm 10 August 2021. This Order remains in force until it is revoked by the Secretary.

Failure to comply with this Order is a criminal offence.

Background

1. The Department of Customer Service (the Department) administers the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (the Act).

2. Sydney Christian Life Centre Ltd (ACN 002 637 069) is the developer of the residential apartment building known as ‘‘Otto 2” at 32-38 Rothschild Avenue, Rosebery (Phase 2), NSW, 2018 (the Building) for the purposes of the Act.

3. Mr David Chandler is an authorised delegate of the Secretary of the Department.

Power to order rectification

4. Under s 33 of the Act, if the Secretary of the Department or their authorised delegate has a reasonable belief that building work was or is being carried out in a manner that could result in

a serious defect in relation to the Building, they may order the developer to cause building work to be carried out to remediate the serious defect or potential defect.

5. ‘Serious defect’ is defined in s 3 of the Act as follows.

(a) a defect in a building element that is attributable to a failure to comply with the performance requirements of the Building Code of Australia, the relevant Australian Standards or the relevant approved plans, or

(b) a defect in a building product or building element that—(i) is attributable to defective design, defective or faulty workmanship or defective materials, and

(ii) causes or is likely to cause—(A) the inability to inhabit or use the building (or part of the building) for its intended purpose, or(B) the destruction of the building or any part of the building, or(C) a threat of collapse of the building or any part of the building, or

(c) a defect of a kind that is prescribed by the regulations as a serious defect, or(d) the use of a building product (within the meaning of the Building Products (Safety)

Act 2017) in contravention of that Act.

Grounds for issuing this Order

6. On 19 and 22 January 2021 and on 11 February 2021 authorised officers from the Department conducted inspections of the Building.

7. During the inspection the authorised officers observed that building work was carried out in a manner that could result in serious defects in relation to the following building elements:

7.1 Waterproofing;

7.2 An internal or external load-bearing component of a building that is essential to the stability of the building, or part of it (including but not limited to in-ground and other foundations and footings, floors, walls, roofs, columns and beams);

7.3 Fire Safety Systems for a building; and

7.4 A component of a building that is part of the building enclosure.

8. Further details of the building work and the nature of the serious defects and/or potential serious defects are provided in Schedule A to this Order.

Order

9. I, David Chandler, an authorised delegate of the Secretary, reasonably believe that the building work was carried out in a manner that could result in a serious defect and make the following orders:

9.1 The developer must engage a suitably qualified expert within 7 days of receiving this Order to prepare a plan to carry out building work to remediate the serious defects and/or potential serious defects in Schedule A. The plan must specify how the potential serious defects in Schedule A will be remediated and how long the remediation is expected to take.

9.2 The plan must be provided to the Secretary so that it is received within 28 days of the date of this Order, by email submission to ocaudits@customerservice.nsw.gov.au.

9.3 An independent assessor or superintendent must also be appointed within 28 days of the date of this Order to oversee the remediation works.

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10, The Developer must notify Sean O’Hara in writing, by email sent to ocaudits@customerservice.nsw.gov.au within 2 business days of the work required by this Order being completed.

Duration of this Order

11. This Order remains in force until it is revoked by the Secretary.

Building CommissionerDepartment of Customer Service

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Notes about this Order

A person is not required to obtain consent or approval under the Environmental Planning and Assessment Act 1979 to carry out work in compliance with a requirement of a Building Work Rectification Order.

it is an offence to fail to comply with this Order. The maximum penalty for a company is 3,000 penalty units and in addition, for every day the offence continues, 300 penalty units.For and individual the maximum penalty is 1,000 penalty units and in addition, for every day the offence continues, 100 penalty units.

- You may appeal to the Land and Environment Court against this Order within 30 days after this Order is given, unless the Land and Environment Court grants leave for it to be made after that time. Lodging an appeal does not operate to stop the effect of this Order unless ordered by the Court.

- You are entitled to be given reasons for this Order, unless it has been given in an emergency. The reasons have been included within this Order and are not provided separately.

- The Secretary has given the following persons notice of the making of this building work rectification order:

o the relevant local council,

o if the local council is not the certifier in relation to the building work—the principal certifier,

o if you are not the owner of the land concerned—the owner of the land concerned,

o the Registrar-General,

o if the order relates to a strata building—the relevant owners corporation,

o any other person prescribed by the regulations.

- This Order specifies a time by which, or period within which, the order must be complied with. This Order continues to have effect until it is complied with even though the time has passed, or the period has expired, unless any requirement under this Order is revoked.

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Schedule ABuilding work and serious or potential serious defects

Defectnumber

Buildingelement/Building

productBuilding work Observations What is the defect that

could result?Why is it a serious/potential serious

defect?

1. Building engineering services - a component of a building that is part of the building enclosure

(a) Construction of rooftop services (air conditioning and electrical services which connect through the rest of the building); and

(b) Partial construction of protective shrouds intended to provideprotection from environmental and other influences of the exposed electrical service cabling and refrigerant pipework.

On 19 January and 11 February 2021 authorised officers inspected the Building and observed the protective shrouds for the rooftop services were incomplete and did not provide sufficient protection from environmental and other influences to the electrical wiring and air conditioning refrigerant pipework mounted beneath.

Authorised officers also observed weathering of exposed electrical wiring and air conditioning refrigerant pipework.

(a) The defect is that the rooftop services (consisting of air conditioning and electrical services) are not covered adequately to effectively protect against the presence and extent of relevant environmental (e.g. UV exposure or rain) and other influences.

(b) The electrical wiring services the mechanical ventilation for most of the Building. Deterioration of the electrical wiring protective sheathing may cause exposure of the wiring and electrical shorting. This in turn could cause a failure within the mechanical air­handling system installed in the Building.

(c) Exposure to elements may cause deterioration of the air conditioning

The building work constitutes a serious defect because it is a defect in a building element that is attributable to a failure to comply with the relevant Australian Standards being: AS/NZS 3000:2007 Wiring Rules, Section 3 - Selection and installation of wiring systems, Clause 3.3 External influences.

S31 of the Electricity (Consumer Safety)Act 2004 states that electrical installation work must be carried out in accordance with such standards or requirements as prescribed by the regulations.

Clause 32(3) of the Electricity (Consumer Safety) Regulation 2006 states that electrical installation work is required to be carried out in accordance with the Australian/New Zealand Wiring Rules.

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refrigerant pipework insulation which in turn may cause inefficient and defective operation of the air conditioning systems.

(d) The wiring system may not be able to operate safely or function properly in the conditions to which they are likely to be exposed at the point of installation.

2. Those aspects of the mechanical and electrical services for a building that are required to achieve compliance with the Building Code of Australia; and a component of a building that is part of the building enclosure

Construction of carpark ventilation system

On 19 and 22 January2021 and 11 February2021 authorised officers inspected the building and observed that the carpark supply air fan housing was corroded and is positioned within a plenum which does not have sufficient leaf and debris screening to prevent blockage of the fan intake. The carpark supply air fan plenum does not appear to be fit for purpose.

There is uncontrolled entry of debris into the supply air fan plenum causing blockage of the fan intake reducing the volume of air entering the carpark. This may cause excessive volumes of pollutants and stale air preventing the occupation and use of the space.

The building work constitutes a seriousdefect because of the following:

1. It is a defect in a building element that is attributable to a failure to comply with the following performance requirements of the Building Code of Australia (BCA):NCC2013 BCA Volume 1, Light and ventilation - FP4.3, FP4.4 and FP4.5.

Compliance with the above performance requirements are achieved through compliance with the relevant Australian Standards being AS 1668.2-2012 - The use of ventilation and air conditioning in buildings - Mechanical ventilation in buildings, Section 4 Ventilation of enclosures used by vehicles with combustion engines, clause 4.4 Carparks.

Authorised officers observed that the exhaust fans within the carpark of the Building did not comply with AS 1668.2-2012 and no other performance

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solution was in place to satisfyNCC2013 BCA Volume 1, Light and ventilation - FP4.3, FP4.4 and FP4.5.

AND

2. It is a defect in a building element attributable to defective materials and is likely to cause the inability to inhabit or use the building (or part of the building) for its intended purpose.

3. Waterproofing Waterproofing - Rooftop

On 19 and 22 January2021 and 11 February2021 authorised officers inspected the building rooftop and observed the following:

1. ) An absence ofwaterproofing fillet details at the horizontal and vertical substrate junctions to accommodate differential movement.

2. ) Locations upon theroof top areas where water was not directed to drain to a stormwater drainage outlet causing water to pool on the surface of the waterproof membrane.

3. ) An absence of awaterproof

The height termination, preparation of substrate, external membrane application, absence of adequate termination detail in relation to the waterproofing is insufficient to prevent penetration of water and could lead to:

(a) water penetrating behind the waterproof membrane and into the structure and habitable spaces below;

(b) unhealthy or dangerous conditions, or loss of amenity for occupants; and

(c) undue dampness or deterioration of building elements.

The building work constitutes a serious defect because it is a defect in a building element that is attributable to a failure to comply with the following performance requirement of the Building Code of Australia (BCA): NCC2013 BCA Volume1, Damp and Weatherproofing, FP1.4.

NCC2013 BCA Volume 1, F 1.4 states:

Waterproofing membranes for external above ground use must comply with AS4654 Parts 1 and 2.

Authorised officers observed that the relevant provisions of AS4654.2-2012 (clause 2.5 Substrate, 2.5.2 Falls, 2.5.3 Types of substrates, 2.5.3.1 Fully bonded or liquid applied, clause 2.7 Fillets, clause2.8 Termination of membranes, 2.8.1Upward terminations, Termination of membranes, 2.8.2 Vertical downward termination, and 2.8.2.2 Parapet) were not complied with and no other performance solution was in place to satisfy NCC2013 BCA Volume 1, Damp and Weatherproofing, FP1.4.

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membrane / capping detail to the top of the perimeter hob / parapet linking the roof top waterproof membrane to the external fagade wall coating.

4. Waterproofing Waterproofing - Podium planters

On 19 and 22 January2021 and 11 February2021 authorised officers inspected the building podium level common area courtyard and observed the following:

1.) Insufficient waterproofing membrane termination height above the planter soil / mulch level.

2. ) An absence of awaterproof membrane detail extending up from the planter membrane over the top of the rendered masonry planter walls and linking onto the rendered planter wall coating.

3. ) Leachate staining andgeneral paint deterioration on the external paint finished rendered planter wall surface.

The height termination, preparation of substrate, external membrane application, absence of adequate termination detail in relation to the waterproofing is insufficient to prevent penetration of water and could lead to:

(a) water penetrating behind the waterproof membrane and into the structure below;

(b) unhealthy or dangerous conditions, or loss of amenity for occupants; and

(c) undue dampness or deterioration of building elements.

The building work constitutes a serious defect because it is a defect in a building element that is attributable to a failure to comply with the following performance requirement of the Building Code of Australia (BCA): NCC2013 BCA Volume1, Damp and Weatherproofing, FP1.4.

NCC2013 BCA Volume 1 Part F1.4 states:

Waterproofing membranes for external above ground use must comply with AS4654 Parts 1 and 2.

Authorised officers observed that the relevant provisions of AS4654.2-2012 (clause 2.8 Termination of membranes,2.8.1 Upward terminations, and clause 2.13 Planter Boxes) were not complied with and no other performance solution was in place to satisfy NCC2013 BCA Volume 1, Damp and Weatherproofing, FP1.4.

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5. Waterproofing Waterproofing - basement level carpark

On 19 and 22 January2021 and 11 February2021 authorised officers inspected the building common area basement carpark and observed the following:

1. ) Within the waterservice pump room uncontrolled water was entering through the bounding perimeter basement carpark walls and was pooling away from the floor drain outlets.

2. ) In the north easterncorner of the basement carpark uncontrolled water was entering the external bounding perimeter basement carpark walls and was pooling on the floor of the storage cages and adjoining walkways.

The failure to provide adequate waterproofing and drainage is causing uncontrolled water entry into the storage cage area and plant and equipment rooms.

The penetration of uncontrolled water entry into the basement carpark levels could lead to:

(a) unhealthy or dangerous conditions, or loss of amenity for occupants; and

(b) undue dampness or deterioration of building elements.

The building work constitutes a serious defect because it is a defect in a building element that is attributable to a failure to comply with the following performance requirements of the Building Code of Australia (BCA): NCC2013 BCA Volume1, Damp and Weatherproofing, FP1.4 and FP1.5.Whilst these Performance Requirements do not apply to a class 7 area of a building where in the particular case there is no necessity for compliance, authorised officers observed the uncontrolled water entry is impacting the amenity and use of the space which includes pedestrian access to occupant storage cages, use of occupant storage cages and plant and equipment rooms. Therefore, compliance to the Performance Requirements FP1.4 and FP1.5 is necessary.

6. (a) An internal or external load- bearingcomponent of a building that is essential to the stability of the building, or a

Installation of glazed aluminium balustrades: Aluminium posts, bases, and bottom rails.

On 19 and 22 January2021 and 11 February2021 authorised officers inspected the Building and the aluminium and glass balustrades.

The critical elements of the balustrade defects

The corrosion of the structural aluminium balustrade components, corrosion of mechanical fixings and inadequate fixing of the glass infill panels to the balustrade has caused an inability of the balustrade

The building work constitutes a serious defect because of the following:

1. It is a defect in a building element attributable to a failure to comply with the following performance requirements of the Building Code of Australia (BCA): NCC2013 BCA

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part of it (including but not limited to in- ground and otherfoundations and footings, floors, walls, roofs, columns and beams); and

(b) The materials used in the construction of the balustrades

which the authorised officers have identified include:

1. The deterioration of the structural elements, particularly the aluminium balustrade components embedded and in direct contact with alkaline sand cement tile screed beds. This detail cannot be maintained and will continue to degrade the aluminium structural balustrade components. This is a defect in the waterproofing detail

■ and the inadequate protection of the aluminium balustrade structural components.

2. The installation of the glazed panes within the balustrade installation are not adequately secured and resistant to being displaced.

The corroding fixings and separation of the structural aluminium balustrade components is contributing to the

system to resist live design loads.

This in turn could lead to:

(a) the inability to inhabit or use the building (or part of the building) for its intended purpose, or

(b) a threat of collapse of the building or any part of the building.

Volume 1, Structural provisions: BP1.1, BP1.2, BP1.3 and Damp and Weatherproofing: FP1.4.

Compliance with the above performance requirements is achieved through compliance with the relevant Australian Standards being:

i. AS 1288-2006. Authorised officers observed that the relevant provisions of AS1288-2006 (Section 8 Installation, clause 8.3 Dimensional Requirements) were not complied with and no other performance solution was in place to satisfy NCC2013 BCA Volume 1, BP1.3.

ii. AS/NZS 1664.2: 1997. Authorised officers observed that the relevant provisions of AS/NZS 1664.2: 1997 (Aluminium structures - Part 2:, Section 6 Fabrication, clause 6.6 Painting) were not complied with and no other performance solution was in place to satisfy NCC2013 BCA Volume 1,BP1.1 and BP1.2.

iii. AS 4654.2-2012. Authorised officers observed that the relevant provisions of AS 4654.2-2012 (Section 2 Design and Installation, clause 2.8 Termination of membranes, 2.8.1 Upward termination and 2.12 Changes in direction or upstands against the base of the structural aluminium balustrade) were not complied with and no other performance solution was in place to satisfy NCC2013 BCA Volume 1, BP 1.1 and FP1.4.

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structural compromise of the balustrade system.

AND

2. It is a defect in a building product attributable to faulty workmanship and defective materials, and is likely tocause:

i. the inability to inhabit or use the building (or part of the building) for its intended purpose, or

ii. a threat of collapse of the building or any part of the building.

7. Fire safety systems for a building within the meaning of the Building Code of Australia

Construction of glazed spandrel panels providing fire separation between floors at the external elevations.

On 19 and 22 January2021 and 11 February2021 authorised officers inspected the building and the external glazed fagade and exposed structural concrete slab edges separating residential floors.

The critical elements of the facade defects which the authorised officers have identified include:

1. The deterioration of the cladding elements, particularly the solid colour backed glazed spandrel panes which in turn has exposed the bulk insulation toUV degradation.

The solid colour backing on the glazed panes installed to protect the insulation from weather and UV exposure has deteriorated, in turn exposing the bulk insulation to UV degradation.

Insulation that is subject toUV degradation does not adequately provide fire resistance or prevent the spread of fire.

This in turn could lead to:

(a) the inability to inhabit or use the building (or part of the building) for its intended purpose, or

(b) the destruction of the building or any part of the building.

The building work constitutes a serious defect because it is a defect in a building element that is attributable to a failure to comply with the following performance requirements of the Building Code of Australia (BCA): NCC 2013 BCA Volume1, Section C Fire resistance, CP8.

Compliance with the above performance requirement is achieved through compliance with NCC 2013 BCA Volume1, Section C Fire resistance, C2.6Vertical separation of openings in external walls or other performance solution.

Authorised officers observed that NCC2013 BCA Volume 1, C2.6 was notcomplied with and no other performance solution was in place to satisfy NCC 2013 BCA Volume 1, Section C Fire resistance, CP8.

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