Be VERY careful about Performance Solutions for Disability Access!!!
DISCLAIMER: Prior to continuing reading – there’s a chance what you’re looking for and wanting from an Access Consultant is unlawful. We encourage you to reach out to us prior to commissioning a performance solution report. Use the below button to contact us to check if it’s even possible.
Our office has seen a huge, in our opinion – an abuse, increase in the use of performance solution for accepting building works that do not meet the minimum requirements as prescribed within the National Construction Codes (NCC). The is extremely disappointing and also very frustrating.
A performance solution is achieved by demonstrating:
- compliance with all relevant Performance Requirements; or
the solution is at least equivalent to the Deemed-to-Satisfy Provisions
To break this down into simpler terms – “A performance solution either needs to meet the performance requirements or be equal to the deemed to satisfy provisions”.
These two (2) elements are defined in Part-A1 of the BCA as:
Performance Requirement means a requirement which states the level of performance which a Building Solution must meet.
Deemed-to-Satisfy Provisions means provisions which are deemed to satisfy the Performance Requirements.
So it’s reasonable to ask – how can anything be passed as a performance solution that doesn’t meet these criteria to the full?
Unfortunately we see it all too often – a consultant writes a document explaining how, in their opinion, the building, or a particular part of a building, is usable by people with disability and therefore “performs” as intended. THIS IS NOT AN ACCEPTABLE PERFORMANCE SOLUTION!
Why we don't support many Performance Solutions.
It’s as simple as – performance solutions don’t meet the performance requirements and are in most cases not an equal provision of disability access.
A simple rule of thumb test is – does the building solution being proposed require people with disability to undertake actions that other people do not have to do in order to access the building or part of the building?
If the answer to this is “Yes” (in most proposed performance solutions this is the case) then there’s no possible way for it to be justified as being equitable and it most certainly won’t be meeting the performance requirements.
The definition of equivalent is – equal in value, measure, force, effect, significance, etc. so anything that doesn’t fully comply can never be considered as equivalent.
To be honest there are only a handful of legitimate building solutions that we consider able to meet the performance solution requirements. We still prefer to work closely with the team to provide a design solution that ensures disability access provisions are able to meet the performance requirements. This removes the need for a performance solution.
It’s also becoming very difficult, due to the ever increasing responsibilities put on building surveyors, to have performance solutions accepted as part of the building permit.
What do we support?
Our approach is to ensure that the building meets the performance requirements well before it is built – this removes the need for a performance solution report. We ensure this by undertaking either a desktop or onsite disability access audit.
The significant cost and risk are too great and to avoid these engage us today to review the proposed building works.
Where it is extremely difficult to meet the performance requirements and the deemed to satisfy provisions we provide a design solutions service. We’ll work closely with the team to find a solution that will be able to meet the compliance requirements. In the rare occasion where it just simple cannot be achieved – we have extensive expertise in documenting performance solutions that protect all stakeholders, including people with disability, from potential ramifications such as disability discrimination law suits.
For all other questions please feel free to contact us.
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