Conformance & Compliance

All Dam Buster products are 100% Conforming with the National Construction Code (NCC) 2022

The NCC Governing Provision A2.2.(4) requires the full Conformance of all products used in construction, along with the full Compliance of roof drainage designs and installation.  Both are absolutely essential for all stake holders including plumbers, surveyors, builders, architects, developers, manufacturers and property owners/occupants.  Inadequate products and/or installation leads to building failure, property damage, personal injury and potentially even death. 

The NCC requirements are high but understandable.  They ensure that only quality products which meet all relevant codes and perform as intended, are actually used in construction projects.  

Products which cannot meet these requirements, no matter how cheap they might be, or how much spin is put on them by the seller, or whatever nonsense paper work is provided with them, are NOT PERMITTED for use under the NCC anywhere in Australia and are classified as "Non-Conforming Building Products" in the NCC.  You can read what the NCC says about this HERE. 

All Dam Buster products comprehensively meet the significant Conformance, Performance and "Fit for Purpose" requirements of the NCC via the two methods below (Method 1 and Method 2).  They are fully Conforming Building Products. That means Dam Buster products can be used with absolute confidence, anywhere in Australia. 

You can read more about this in our Evidence of Suitability, Product Technical Statement and other documents, all of which can be easily downloaded HERE. 

The most serious risk of using Non-Conforming Building Products concerns FAILURE of the product to perform as required when called upon; failure can cause damage to property, loss of amenity, injuries and even death. Remember what happened with flammable cladding? 

People often get confused about the difference between Compliance and Conformance. Simply put:

  • Conformance means the product itself meets all required standards to conform with the National Construction Code (NCC) and any related codes applicable for that product e.g AS/NZS3500.3:2021, and

  • Compliance is achieved when a conforming product is used as intended by the manufacturer and also correctly installed

Of course, it is entirely possible to incorrectly and/or inappropriately install a brilliantly made, top quality, fully conforming product and then create non-compliance, both minor and catastrophic.

Dam Buster's fully conforming products therefore need to be installed correctly and used as intended.  This simply means they must be (i) designed in accordance with our Product Technical Statement (or Quick Design Guide) and (ii) installed as per our Installation Manual, and also with reference to all other applicable standards and codes relevant to the work.

Everybody in the chain of responsibility for a building product is responsible for ensuring only conforming building products are made and used in Australia; this includes manufacturers, distributors, suppliers and installers. Specific laws about this, which also carry substantial corporate and personal penalties, also apply in certain states including NSW and QLD.  In NSW for example, this article from leading national law firm Clayton Utz explains the requirements.

If you are looking at selecting or recommending, or validating ANY building products, including roof drainage products like those made by Dam Buster, please ensure those products meet all requirements of the NCC.  If a seller or manufacturer can't supply you with the required substantive, documentary evidence of this sufficient to meet the significant NCC Conformance and Evidence of Suitability obligations, you should just walk away. 

Dam Buster's Evidence of Suitability and other technical documentation can be easily downloaded from our Technical Downloads Page.

Apart from Deemed to Satisfy (DtS), the NCC also accepts Deemed to Satisfy by Expert Judgement as another pathway to conformance; there is more information about that below and also here. 

Don't forget that a quality Performance Solution prepared by a suitable expert e.g hydraulic engineer, also achieves Conformance with the NCC, so if a proposed installation is not (or may not be) considered DtS (Deemed to Satisfy) or Dts By Expert Judgement, an appropriately prepared Performance Solution is another fully permitted alternative pathway, but you should never let anybody try and con you into thinking that a Performance Solution is a cheap and easy, "Magic Wand" way out to justify poor quality work or products that would otherwise completely fail to be conforming and/or compliant.

The quality, security and safety of the job, plus the reputations of everyone involved in any building project also make it absolutely critical that the design and documentation of conforming and compliant roof drainage is carried out and planned for at the building permit stage so as to avoid dramas both during and after the build.  This includes how certification is to be achieved and also ensuring that only fully NCC conforming products are used.  Dam Buster recommends only appropriately qualified experts such as hydraulic engineers and structural engineers prepare roof drainage plans; that task should not be left to the roof plumber. 

Method 1 - DtS (Deemed to Satisfy) by Expert Judgment

The Governing Provisions of the NCC part A2G3, clause (2)(b) permit certification as “DtS by Expert Judgement” whereby a substantive expert certifies that the product and/or installation fulfils all DtS requirements but is not precisely as specified in the code e.g., in AS3500.3. 

For example, the Dam Buster rainhead is already pre-designed in accordance with Appendix I, Figures I2 and I3, of AS/NZS 3500.3, however, the rainhead is considered to be DtS by Expert Judgement because it differs in construction from Figure I2 due to the (fully tested and certified) front overflow chute.

Documentary proof that Dam Buster products meet the DtS by Expert Judgement and also the Performance requirements of all volumes of the NCC can be easily found on the Technical Downloads Page.

NOTE: if the above approach is not acceptable to either the relevant Regulatory Authority or the Building Surveyor / Certifier, then a Dam Buster Rainhead located at the end of a straight box gutter can instead be certified under a Performance Solution using Dam Buster’s Performance Solution templates and Evidence of Suitability documentation.  

Method 2 - A Combination of Solutions (if required)

If required by the local regulator or otherwise deemed appropriate, a 'combination of solutions’ i.e DtS and a Performance Solution can also be used for all genuine Dam Buster devices.  

In this situation, the box gutters themselves are DtS and must be designed by the plumber in accordance with Appendix I, Figure I1 of AS/NZS 3500.3.   

The Dam Buster device/s and the design are then certified as a Performance Solution using the Templates and Evidence of Suitability documentation which can be very simply downloaded for free from our Technical Downloads Page.

A suitably qualified expert should devise a suitable Performance Solution where Dam Buster's products require certification under Method 2. Unfortunately the local requirements for this do vary from state to state and can cause confusion.  In Victoria, a licenced plumber is considered a suitable expert, but please check with your relevant regulator for additional clarification if needed. 

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