Scimonello, Stephen (2024) A Performance-Based Building Code on Statutory Maintenance: Exploring the Translation of Policy to Practice for Multi-storey Residential Buildings in Australia. PhD thesis, Victoria University.

Abstract

Each state and territory in Australia have adopted its own form of building regulation that incorporates the National Construction Code (NCC) for the design, approval and construction of buildings. The use of performance solutions to meet the performance provisions within the NCC has inadvertently increased a dependency on the active and passive fire safety systems that are required to be maintained over the life of a building. Several different forms of building policy, including for the maintenance of these systems, create a confusing situation for the community, building owners and owners’ corporations alike that operate throughout Australia. A critical review of the literature demonstrates that there is minimal research undertaken in this complex area. This thesis, therefore, builds on and expands the existing body of knowledge related to the regulatory framework and policy regarding statutory maintenance of buildings’ fire and life safety systems through a predominantly deregulated performance-based building code. The research examined the links between building owners, including owners’ corporations that own multi-storey residential buildings in Australia, their level of understanding of their responsibilities, and the implications for maintaining fire safety systems in multi-storey residential buildings. The thesis demonstrated how the relationship between policy and its regulation and practice influenced the level of compliance. Drawing on Ajzen’s theory of planned behaviour, the objective of this thesis is to examine empirically the effect of attitude, subjective norm and perceived behavioural control on the intention of building owners to engage in the actual behaviour on policies governing the maintenance of fire and life safety systems of buildings. Further, the effect of intention on behaviour has been tested by the moderation effect of policy enforcement by the regulator to explore whether the effect is significantly stronger when a high level of enforcement is present. A quantitative research method was used to determine the actual level of compliance of statutory maintenance for multi-storey residential buildings. The study reviewed the number of buildings affected, the number of buildings inspected, and the number of fully compliant buildings based on data collated by local governments in New South Wales and Victoria that were identified with containing multi storey residential apartment buildings. This data, although not easily available, was sourced from local council building departments, based on the inspection and fire safety compliance mechanisms that they have, and building registers generally. The second part of this study drew on Ajzen’s theory of planned behaviour (TPB) to develop a questionnaire for a survey of owners of multi-storey residential buildings and their representatives to ascertain their attitudes, subjective norms and perceived behavioural control to determine their behavioural intention and ultimately their behaviour. These data were analysed using structural equation modeling using Smart PLS 4. This study employed eight hypotheses, six of which specifically addressed Ajzen’s theory of planned behaviour (TPB), considering both the presence and absence of enforcement by the regulator as a moderating factor. Four of the six hypotheses with enforcement were not supported, while four of the six hypotheses without enforcement were supported. The results suggest that there is a positive relationship between attitude and intention by building owners and their representatives to undertake the act; social pressure from important referents was also positively related to intention, however perceived behavioural control and the ability to undertake the act was not supported. Moreover, the findings suggest that building owners lack the necessary support and backing from regulatory bodies to effectively manage the intricate maintenance activities required for complex fire safety systems. This thesis is the first to use Ajzen’s theory to determine a building owner’s intention with respect to maintaining fire and life safety systems. The recommendations for regulators and building owners from this study address the achievement of long-term compliance with policy, reducing risk and enhancing consumer safety.

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