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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Methodology for identifying earthquake-prone buildings (EPB methodology)

133AV: Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)

You could also call this:

“The boss of buildings must create a plan to find buildings that might fall during earthquakes.”

The chief executive must create a method for finding buildings that might fall down in an earthquake. This method is called the EPB methodology. It tells local councils how to find buildings that could be dangerous in an earthquake and decide if they really are dangerous.

The method can say which buildings or parts of buildings might be at risk. It can also explain how to find these buildings. The method must say what engineers need to do when they check a building. It also needs to say how councils can use old tests to decide if a building is safe or not.

The chief executive has to make this method within one month of this law starting. They can include information from other places in the method. The chief executive can change the method anytime they want.

If the chief executive changes the method, they have to follow some rules. As soon as the method is ready, the chief executive must tell all the local councils.

The EPB methodology is a type of law called secondary legislation. This means it has to follow certain rules about how it’s published.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7337100.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Environment and resources > Town planning
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“Breaking the rules about unsafe buildings during earthquakes can get you in big trouble.”

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133AW: Consultation requirements for setting EPB methodology, or

“The boss must ask everyone what they think before making rules about shaky buildings.”

Part 2 Building
Special provisions for earthquake-prone buildings: Methodology for identifying earthquake-prone buildings (EPB methodology)

133AVChief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)

  1. The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology) that specifies how territorial authorities are to—

  2. identify the buildings or parts of buildings in their district that are potentially earthquake prone; and
    1. determine whether a potentially earthquake-prone building or part of a building is earthquake prone and, if it is, its earthquake rating.

      1. The methodology—

      2. may specify buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
        1. may specify a method for identifying buildings, parts of buildings, or classes of buildings or parts of buildings that are potentially earthquake prone; and
          1. must specify the requirements for an engineering assessment of a building or a part of a building; and
            1. must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building or a part of a building is earthquake prone or potentially earthquake prone.

              1. The chief executive must set the methodology no later than 1 month after the commencement of this section.

              2. The methodology may incorporate material by reference in accordance with sections 405 to 413.

              3. The chief executive may amend or replace the methodology at any time.

              4. If the chief executive amends or replaces the methodology, sections 133AW and 133AX apply in respect of the amendment or replacement with any necessary modifications.

              5. As soon as practicable after the chief executive has set the EPB methodology, the chief executive must notify territorial authorities that the methodology has been set.

              6. An instrument setting the EPB methodology under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 133AV: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
              • Section 133AV(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 133AV(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).