Issuing of the BWOF certificate is the owner’s responsibility; this document must be issued annually. The owner is required to display a copy of the BWOF certificate in a visible location in the building where it can be seen and to which the public have access.
In summary every year the building owner is required to:
- Issue a BWOF
- Display a copy of the BWOF certificate (Form 12) in a visible location
- Provide Council with a copy of the BWOF and IQP Certificates (Form 12A)
- Obtain annual written reports from IQP’s, relating to the inspection, maintenance and reporting procedures of the compliance schedule.
- These reports must be kept onsite for 2 years and be made readily available when requested by authorised building inspectors.
The Building Act 2004 contains several provisions to protect public health and safety that are important for building owners and managers.
There is a range of penalties for failing to comply with these provisions:
- If a person is the owner of a building for which a compliance schedule has been obtained, they are liable for a fine of up to $20,000 with a further fine of $2,000 for each day the offence is continued;
- Building owners can be fined up to $20,000 for failing to display a Building Warrant of Fitness, or displaying a false or misleading Building Warrant of Fitness;
- Building owners who fail to give written notice of a change of use commit an offence and are liable to a maximum fine of $5,000;
- It is also an offence carrying a fine of up to $100,000 to use or permit the use of a building, which is not safe or sanitary, or if it has inadequate means of escape from fire.