You are on page 1of 24

LITERATURE REVIEW & BIBLIOGRAPHY

_____________________________________________________________________________

Building Consent Exemptions Policy and Risk to Users: Residential Access

Routes in New Zealand.

Roy Stewart

Southern Institute of Technology

MGT816, Special Topic

Dr. Robyn Hill

July 25th, 2021

MGT816 ASS 2 Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 2

Introduction

There is a significant gap in the literature surrounding the risks to users of building work

that is exempt from the requirement for building consent, particularly in terms of human access

function. The Building Act 2004 Schedule One Exemptions include decks below 1.5 metres in

height, and habitable buildings of up to 30 square metres. Such work must still comply with the

Building Codes, but there is a lower level of compliance for exempt work. The Accident

Compensation Corporation (ACC, 2020) recorded 752,141 new claims from slips, trips and falls

during 2020. It is proposed that Schedule One Exemptions are contributing to this harm.

A multidisciplinary approach has been used to investigate the ramifications of non-

compliance and reasons for neglecting code D1 Access in residential projects. Included are

medical, Health and Safety, architectural, ergonomic and Building Law studies. The review

substructure investigates how slips, trips and falls affect people; design flaws in steps and

staircases; the role of architecture; the issue of non-compliance; the genesis of Building Code

exemptions; risk identification prior to changing building codes and above-code Universal

Design.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 3

Literature Rev iew

How Slips, Trips and Falls Affect People

Much of the literature available on slip, trip or fall incidents is found in medical data, or

health and safety studies. In an objective case study, Callon et al. (2021) analysed patient data

from a trauma centre at Aintree University Hospital in Liverpool in the United Kingdom. Scott

(2005) completed an objective international literature review for the Health and Safety Executive

in the United Kingdom, investigating slips, trips and falls. Keall et al. (2008) also took an

objective Health and Safety perspective and studied the safety of homes in Wellington, New

Zealand. Cohen et al. (2009) utilised a qualitative, systemic approach and analysed 80 fall

incidents in the United States from well-described accounts, made during personal injury

litigation.

The Scott (2009) and Callon et al. (2021) methodologies were to investigate causes

through accident reports, casualty reports, coroners’ reports and compensation reports. A

limitations is that such records do not identify the building elements associated with the

accidents. This is seen as a barrier to the understanding of home hazards by Keall et al. (2008).

Furthermore, qualitative injury accounts such as used by Cohen et al. (2009) may be biased.

The vast majority of fall accidents occur within the home environment, which Scott

(2005) believed to suggest that the elderly are more likely to be injured: Because they spend

more time at home. However, Cohen et al. (2009) dispelled the over-involvement of advanced

age. Furthermore, Keall et al. (2008) found that injury rates were high for the under-fives as well

as over-60s. Similarly, the World Health Organisation (WHO, 2021) recognised that by far the

most prevalent reason for child hospital admissions are from children who fall in their homes.

Cohen et al. (2009) and Scott (2005) stated that a multiplicity of interacting factors cause

slips, trips and falls and that this calls for systems thinking. However, Keall et al. (2008)

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 4

measured the correlation between home hazards and injury from a sample of New Zealand

households, and found a direct correlation between identified hazards and reported injuries. Each

hazard within a home increased the incidence of injuries by 22%, even after adjusting for

confounding factors.

Atlas (2019) found that the consequences of a person suffering injures from a fall

accident are ten times more likely than being a victim from a fire, yet safe egress design was

ignored in favour of appearance. The comparison between falls injuries and fire injuries is valid,

because both of these have verifiable national statistics, and both areas are considered when

evaluating a house design. New Zealand’s ratio of fall injuries vs. fire related injuries is

significantly higher than that of the 10:1 ratio in the United States. In 2020, there were more than

14 times as many ACC claims in New Zealand for slips, trip and falls as there were for fire-

related claims 1. This comparison illustrates that Access Route provisions should be considered at

least as seriously as are fire codes.

Design Flaws in Staircases

In the Scott (2005) literature review, the main reasons for accidents on staircases were

found to be design flaws such as too short a going length (Figure 1) and a lack of handrails. The

WHO (2021) and Keall et al. (2008) also mention a lack of handrails. Cohen et al. (2009)

confirmed that a lack of handrails were reported in 5% of cases.

1 In New Zealand there were 752141 slips, trip and falls at home in 2020 (ACC, 2020; Analytics ACC, 2020) while
Analytics ACC published data due to an Official Information Request regarding fire-related injury claims, which
showed there were 52,400 new claims in 2020. The ratio is calculated as 752141/52400 = 14.35 (2 d.p.) and
therefore is expressed as 14:1

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 5

Figure 1:

Simple Staircase Terminology

Figure 1 Note: Image retrieved from Express Stairs UK. (n.d.). Staircase terminology.
https://www.expressstairs.co.uk/help-guides/staircase-terminology/

Cohen et al (2009) also focused on staircase design flaws: They found that riser

variability was more heavily implicated than going length 2. This was confirmed by Johnson &

Pauls (2010), who established that a trip hazard in the form of an irregular riser in a flight of

stairs can increase the probability of an accident occurring, by two orders of magnitude. Scott

(2005) stated that most accidents occurred on short flights of less than three treads, or overly

long ones of more than sixteen. Furthermore, outside steps can be wet or icy, which indicates a

need for non-slip surfaces. The WHO (2021) state that uneven steps, indoor stairs and bathrooms

pose the greatest risk. This was confirmed by Keall et al. (2008) who believed that hazard

mitigation can significantly reduce accidents.

2
In 60 percent of cases that had undergone a trip hazard, staircase riser variations were in excess of 9.5mm (0.375"),
as compared with 34 percent of the cases that were due to going variations in excess of 9.5mm (0.375") (Cohen et
al., 2009).

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 6

The Role of Architecture

Atlas (2019) wrote a conference paper, asking: “What is the role of design and

architecture in slips, trips or falls accidents?” In an Architectural Journal article, Kim & Steinfeld

(2016) asked similar questions: “What are the causes of this public health problem? Can

architectural research do anything about it?”. Atlas’ (2019) methodology was realist in its review

of the literature and use of objective national statistics from the National Safety Council in the

United States. By contrast, Kim & Steinfeld (2016) recognised the subjective nature of their

questions and subsequently provided consistency in their research by evaluating photographs and

drawings of stairways that were published in Architectural Record articles and advertisements

between 2000 and 2012. Kin & Steinfeld (2016) discovered that over 61% of the staircases

reviewed had at least one visible design flaw. The most common design hazards were defective

or missing handrails, stairway flights that were too long, a reduced visibility of tread edges, open

risers, and bad riser-to-tread ratios. These design flaws are in accordance with findings from

injury reports made by Scott (2005), Cohen et al. (2009) and the WHO (2021). Both Atlas

(2019) and Kim & Steinfeld (2016) made the recommendation to teach safe egress design as part

of architecture curricula.

Atlas (2019) postulated that the architecture profession and by implication the

construction industry, is dominated by aesthetics, without accounting for the safety of users. Kim

& Steinfeld (2016) made a similar argument: They believed that bad staircase design was a by-

product of developing strong architectural design values and wanting to be noticed, and they call

for more vigilance from clients and Building Control Officials. However, the evidence

investigated by Kim & Seinfeld (2016) was from architecture magazines that concentrated on

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 7

advertising aesthetics and architectural proficiency, rather than functionality, which may have

influenced their conclusion.

Non-compliance

The performance requirements for Access Routes are contained in New Zealand Building

Code Clause D1 Access, and these can be met in accordance with the Acceptable Solution

D1/AS1. The acceptable solution is comparable to international standards, and is based on the

Norwegian model (Denizou, 2016; Nwadike & Wilkinson, 2020-a). Fakunle et al. (2020)

reviewed international building codes, and Stannard (2020) reviewed the New Zealand codes in

particular.

In their literature review of 75 papers, Fakunle et al. (2020) sought to provide a

qualitative understanding on major barriers to the enforcement and violation of building codes

and regulations. They found fault with complexity of laws, a lack of qualified Building Control

Authorities, and an inability for populations to afford to pay for the expected standard. Nwadike

& Wilkinson (2020-a) stated that non-compliance can be a result of the inability to comprehend

the law changes due to complexity, especially in groups with lower technical capacity: They

confirmed this statement in another paper that conducted a questionnaire (Nwadike &

Wilkinson, 2020-b). The inability to comprehend law changes was echoed by Denizou (2016)

and Stannard (2020) and who cited the World Bank (2015) and agreed that impoverished

countries have greater death statistics due to lowered, or a lack of, standards. In New Zealand

policies, Stannard (2020) identified barriers to compliance that included siloed code clauses,

ontological decisions made regarding the importance of buildings and vague language, such as

tolerable impact or reasonable grounds. They also identified a major influence on levels of

compliance exerted by Building Control Authorities: Without oversight, building codes have

little effect or significance.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 8

Non-compliance has been the result of de-regulation in Germany, following a blanket

exemption for all buildings under 13 metres in height. Over one hundred thousand houses were

built without permits as a result, which saved over one hundred million Euros in fees. However

the subsequent building failures are causing significant fiscal damage, especially to homeowners

(Damm, 2004).

The Genesis of Building Code Exemptions

Nwadike & Wilkinson (2020-a) conducted a literature review for an international

conference, that studied the Building Code amendment process in New Zealand. Drivers that

lead to a change in legislation are politicised, such as a perceived need for technological

innovation during the early nineties. The changes made in the nineties allowed more creativity

and the use of new construction systems, but the simultaneous deregulation of the building

industry caused a drastic reduction in quality (Buchanan et al. 2006). The Leaky Homes crisis

was a result, which required an overhaul of the Building Legislation in 2004. The Christchurch

and Kaikoura earthquakes also drove change, with tightened rules, and more detailed maps

around earthquake risks. The most recent change, however, is the widening of the exempt

building work category, which was instigated by a desire to reduce compliance costs, in response

to the housing crisis and the associated building boom. As the Building Act (2004) was

comprehensive, it led to a perception that councils would be overworked, and that Schedule 1

Exemptions would thus save time and money. Decks below 1.5 metres in height, and buildings

up to 10 square metres in area were subsequently categorised as exempt, due to an assessment

that they present a low risk. During 2020, an Impact Summary led to a proposal to increase the

scope of the Schedule One Exemptions, again, in order to speed council processes, and save

money (MBIE, April 21, 2020). As a result, Schedule One exemptions have now been expanded

to include buildings up to 30 square metres in area.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 9

Risk identification

In New Zealand, changes to the building code are initiated by proposals from MBIE to

the Central Government. Two impact summaries are compared: One from MBIE (21 April,

2020) and the other from the Department of Building and Housing (DBH, 2010). They both were

intended to serve as executive risk assessments and cost/benefit analyses prior to legislative

policy changes. These summaries are examples of risk-based regulation. To provide a lens to

these two impact summaries, van der Heijden (2019) conducted a comprehensive international

literature review on risk governance and risk-based regulation.

A systematic search on the Web of Science database (van der Heijden, 2019) returned

1,126 book chapters and peer-reviewed journal articles. These results were refined to the 159

publications that were reviewed. Nevertheless, risk identification is mentioned only once. This

reveals a gap in the literature. The only advice given on the topic is from the International Risk

Governance Council: That failure to act upon early warnings leads to undetected signals of a

known risk, and that an early warning system should be used to prevent this (IRGC, as cited by

van der Heijden, 2019). No explanation is provided as to how such a system should be designed.

Unless all potential risks are identified, however, appraisal and management of those risks

cannot occur.

The MBIE risk matrix assessment claims to have evaluated risk to people and property

(pg. 4, MBIE, April 21, 2020). A severe failure of the process is that the only risks identified,

were those associated with structural integrity and fire. Prior to the risk assessment, MBIE

consulted only a small group of individuals who are their permanently approved advisors,

representing only three stakeholder groups: Building Control Authorities, construction material

suppliers and large building contractors. Building users, the Accident Compensation

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 10

Corporation, hospitals and trauma centres were ignored. This may reflect a complacency bias

(IRGC, 2017).

MBIE stated that the same guidelines for safety were used in their regulatory impact

assessment, as were used in 2004. Van der Heijden (2019) warned of methodology repetition

when creating risk assessments: Policy-makers are in a rush to produce risk assessments, based

on previous, similar risk assessments, thereby repeating an ontological bias of viewing fiscal risk

as more important than risk of injury. There is also an industry-wide preoccupation with

structural engineering and profit, in spite of the primary purpose of the Building Act 2004 being

to prevent harm to users.

The Ministry of Business Innovation and Enterprise (April 21, 2020) document also

presented a Cost/Benefit analysis of the proposed exemptions (pg. 10, MBIE, April 21, 2020),

which predicts a $14.7 to $18 Million reduction in fees, levies and building consent fees only.

Nevertheless, the annual cost to New Zealand society due to slips, trips and falls in homes is $1.3

Billion (ACC, 2020). The toll for medical care is exacerbated by the societal cost, which is

approximately ten times that amount (Johnson & Pauls, 2010). The cost estimate of direct costs

from ACC is nearly two orders of magnitude higher than the figure given for savings in the

Impact Summary (MBIE, April 21, 2020). The costs of only a 1.4% increase in slips trips and

falls in New Zealand, stemming from a lower level of compliance, would exceed the projected

savings3.

3
18 Million/1.3 Billion *100 =1.38% (2 d.p.)

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 11

Above-code Universal Design

The term Universal Design was first coined by Ron Mace (1985). The United Nations

define Universal Design as “the design of products, environments, programmes and services to

be usable by all people, to the greatest extent possible, without the need for adaptation or

specialised design.” (Article 2, United Nations, n.d.). New Zealand acceded to the Optional

Protocol of the United Nations Convention on Universal Design, on 5 October 2016 (Ministry of

Justice, 2020). The New Zealand government subsequently published a guide, aimed at public

buildings (MBIE, 2019). Because the United Nations protocol was optional and it was perceived

that the implementation of Universal Design principles to residential properties would be costly

for the public, the standards were set to only apply to public buildings. This is the solution

sought by many countries (Kose, 2018). James et al. (2018) conducted market research that was

funded by the New Zealand Building Research Levy in order to promote above-code standards,

including those relating to access routes, for the purpose of improving sustainability.

Accessibility refers to a higher standard for access routes that provides features required

by disabled persons. As James et al. (2018) noted, the rules for accessibility are considered to be

above-code for residential buildings, making calls for improvement challenging. As Keall et al.

(2008) pointed out, accessibility is only considered post-disability, and is erroneously seen as of

benefit only to the disabled. The advantages of taking a pre-emptive approach, i.e. widespread

adoption of universal accessibility design, are: Lower injury rates and the future-proofing of the

housing stock.

Norway adopted Universal Design for accessibility by adding it into the Performance

requirements of their Building Law in 2010. Nwadike & Wilkinson (2020) identified that the

New Zealand 2004 suite of Building Laws and associated codes were based on the Norwegian

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 12

Model, therefore a study from Norway is relevant. Denizou (2016) conducted a qualitative case-

study in Norway, with a methodology that combined in-depth study of accessibility requirements

and types of guidelines, with semi-structured interviews and a study of architectural drawings in

three small (n < 10) architecture firms. The findings from this study highlight the importance of

private accessibility consultants.

In New Zealand, Universal Design for access routes, which is driven by the private

sector, is a trend that is in opposition to the deregulation agenda of the central government. An

example of private sector involvement is LifeMark®, who offer a star-rating for dwellings

designed and built in accordance with their accessibility guidelines (LifeMark, 2016). Local

incentives structures have been successful: Thames/Coromandel District Council, offer a

remission of 50% of all fixed building consent and resource consent charges applicable for

houses that have Lifemark® certification (Thames Coromandel District Council, 2015), with

substantial uptake. As Kose (2016) stated: Incentives are most effective when implementing

accessibility rules. Lifemark® approached the central government, presented a briefing to Phil

Twyford, the Minister of Housing, in November of 2017. They were unsuccessful in their

campaign for KiwiBuild houses to be built in accordance with Universal Design via LifeMark®

standards (Disability Action, 2017).

Conclusion

The study of ergonomic risk in buildings is emergent in the literature and the World

Health Organisation has only recently examined high casualty rates due to falls. People of all

ages and socio-economic demographics suffer a high level of harm from badly designed access

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 13

routes. Although slips trips and falls can always be described in terms of user error, such errors

are largely due to design faults.

Exemptions from the requirement for building consent are intended to reduce fees. An

unintended consequence, is the harm and associated cost of the resultant decrease in compliance

with building codes related to access routes. The cost to the Accident Compensation Corporation

is not considered by the Ministry of Business, Innovation and Enterprise. This review reveals

that the Ministry failed in their duty to observe the primary purpose of the Building Act, which is

to ensure that buildings are safe for users. An emergent trend is the application of Universal

Design for access routes, as offered and promoted by the private sector in collaboration with

Territorial Authorities.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 14

Annotated Bibliography

Callon, J., Thomas, D., & Mercer, S. J. (2021). Falls downstairs: The impact on a UK major

trauma centre. Trauma, 14604086211002989.

Callon et al. (2021) analysed the 860 patients, who had fallen on staircases, and had

presented to a major trauma centre, over a three year period. The main line of argument is

that staircases cause societal suffering that is worse than that of car accidents, which is

confirmed by Keall et al. (2009). The evidence was objective and was gleaned from

verifiable hospital records. They concluded that injured patients who experienced a fall

downstairs, place a heavy burden on that centre, making up nearly one fifth of all cases.

The burden was significantly increased because the patients were often frail and therefore

required long stays. Nearly 1/3 of those undergoing surgery, subsequently died.

Furthermore, nearly half of them suffered head-trauma, 3% died upon admission and

there was an overall mortality rate of 8.6%. A stated limitation of that study is that

demographics of the area were not studied, thereby the significance of aging populations

was not addressed. The study is relevant as it illustrates the suffering caused in

association with stairs.

Damm, B. (2004) Streamlined Permitting in Building Laws of the Federal Republic of Germany

and its Effects on Mass Movements. In Malzahn, D. & Plapp, T., (Eds.). Disasters and

Society - From Hazard Assessment to Risk Reduction. Berlin, pp 377 - 384

In Germany, a raft of building consent exemptions for all buildings up to 13m high were

initiated in 1994. The argument presented is that Building Consent exemptions lead to

non-compliance and building failure, for which the elimination of Building Control

Authority oversight was found to be the primary cause. The government claimed that

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 15

exemptions saved 110 Million Euros between 1992 and 2004, but they did not consider

the cost of failures.

Four qualitative descriptions were presented in case studies from separate municipalities.

The author found that town planners had assumed that architects would conduct

geotechnical surveys, which architects neglected to do, supposing that surveys were not

required. The failures were hidden due to the elimination of municipal oversight, and

because damage was paid for privately. This study is relevant: The purpose was to reduce

consent fees, and to speed the process of building houses during a housing crisis. It was

assumed that the construction industry was mature enough to observe existing building

laws. This is the same reasoning used to justify recent exemptions from building consents

in New Zealand. The study illustrates the faulty assumptions made by policy-makers.

Denizou, K. (2016). Universal Design as a booster for housing quality and architectural practice.

In Universal Design 2016: Learning from the Past, Designing for the Future (pp. 111-

120). IOS Press.

During 2010, the Norwegian government amended building legislation, in order to

comply with the Optional Protocol of the United Nations Convention on Universal

Design, which is a recommendation for the introduction of accessibility performance

provisions. The purpose of the study was to discover how architects were faring in terms

of these changes to the law. Three case studies used qualitative evidence from

architectural firms, that included drawings and interviews.

The intention of the government was that designers would innovate in this area, however,

this placed a burden of creativity on architects, since no specific solutions were provided.

A key finding was that architects were frustrated by the lengthy process for each

individual design. Although innovation was the intention, architects demanded that the

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 16

government provide some guidelines to speed up their design process, since the

legislation had only set performance requirements. The available accessibility literature

was fragmented. Solutions use for commercial buildings, which were already

compulsory, could not be easily applied, because of small residential building footprints.

It was found that the companies who were capable of effective residential accessibility

design were consultants, catering for the disabled. Thus a trend has emerged whereby

architects employ these private consultants, or other specialised people internally, to

accommodate the process. In this situation the standards are being set by the private

sector.

Fakunle, F., Opiti, C., Sheikh, A., & Fashina, A. (2020). Major barriers to the enforcement and

violation of building codes and regulations: a global perspective. SPC Journal of

Environmental Sciences, 2(1), 12-18.

In an investigation into non-compliance, Fakunle et al. (2020) took a global perspective

that included both developed and developing countries. Qualitative evidence was found

in building codes that are published by governments and a review of the literature on how

these are enforced. They concluded that some of the reasons for failure, are due to

Building Control Officials being unable to assess complex engineering. Furthermore,

some countries have populations that cannot afford a house built to minimum standards.

Some countries have building codes, but have yet to enforce them. The least developed

countries find that the Building Codes are too complex to understand. As all the literature

was from secondary sources and there were no ethical issues.

There is some commonality with the New Zealand construction sector. For example,

housing affordability and the housing crisis have led directly to Schedule One

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 17

exemptions. Another issue is complexity: Stannard (2020) found that multiple cross-

references between codes, easily misinterpreted nomenclature and complex graphs (see:

pg 28, MBIE, n.d.) causes confusion. This study is relevant, as it demonstrated some

reasons for compliance failure. It also shows that New Zealand is in some respects, as

unfavourably placed as developing countries that have building codes in place, but do not

follow them.

James, B., Saville-Smith, N., Saville-Smith, K., & Isaacs, N. P. (2018). Doing better in

residential dwellings: Going beyond the Code in energy and accessibility performance.

BRANZ.

James et al (2018) investigated residential sector accessibility, energy efficiency and

thermal performance in New Zealand. They found that accessibility was considered to be

a beyond-code performance standard, and that implementation requires integration of

householder needs and industry decision tools or guidelines. The report consisted of three

separate literature reviews of existing research into the barriers to take-up of innovation

and product, materials and design solutions. A limitation is that they discovered that there

is only scant research available on the topic of Access Routes, as research surrounding

sustainability usually focuses on thermal performance and associated energy codes. This

study is relevant because it demonstrates the difficulty of communicating the benefits of

exceeding minimum standards. People fail to understand future proofing via ergonomic

design, as they believe it does not apply to their personal situation and that houses can be

reconfigured if the need arises. Kose (2018) agrees that designing for aging-in-place is

unpopular for the same reasons. This study is significant because it demonstrates that

building users are unaware of the dangers of sub-standard access routes to all but the

aged or infirm.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 18

Johnson, D. A., & Pauls, J. (2010). Systemic stair step geometry defects, increased injuries, and

public health plus regulatory responses. Contemporary ergonomics and human factors,

2010, 453-461.

This study combined a series of qualitative experiments, with constructive graphing of

slips, trips and falls cases according to objective raw data from United States national

statistics. The main focus was on irregular step risers. The case study experiments cited

were at crowded stadiums.

Accidents were found to have occurred due to small variations in top tread nosings and

non-conformity in the top two or three treads. The implication of non-conformities in

staircases also confirms the study by Cohen et al. (2009). Dramatic increases in the

magnitude of accident probability stem from small irregularities. Furthermore, Johnson &

Pauls (2010) implicated building inspectors for not detecting these faults. This study is

useful as it gives clear instructions for inspectors on-site: For example, a crouch-and-

sight test can detect irregularity. The study included suggested solutions such as the

measuring of nosing-to-nosing angles (relative to horizontal) and the nosing-to-nosing

distance.

Keall, M. D., Baker, M., Howden-Chapman, P., & Cunningham, M. (2008). Association

between the number of home injury hazards and home injury. Accident Analysis &

Prevention, 40(3), 887-893.

This positivist study combined objective, verifiable data from the Accident

Compensation Corporation (ACC) with detailed housing data obtained through safety

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 19

inspections. It also trialled a method for assessing hazards within houses: In order to

assess the most dangerous parts, the researchers compiled a list of hazards. It was found

that the number of injuries reported at ACC, according to area, directly correlate to the

number of hazards identified within homes. The hazard data was from a stratified,

randomised sample of 102 houses in the Lower Hutt Valley in Wellington, New Zealand,

that were identified through council records. Strata were the age of the house; level of

deprivation of the immediate neighbourhood and geographic location. Furthermore,

residents were divided by race and age group. This study is relevant because most of the

identified hazards pertained to Building Code D1 Access. There were multiple hazards

recorded for steps and stairs. Of the 35 hazards on the list, 28 were related to steps, stairs

and paths. It was demonstrated that each hazard contributed to a 22% increase in injuries,

and that the mean number of hazards per house was seven. The study is relevant because

it provides evidence that the high level of harm from slips, trips and falls reported by

ACC, corresponds with a high number (5.6 per house) of access route defects, negating

any assumption that such accidents are mainly attributable to user error.

Kose, S. (2018). Housing Design for the Ageing: Struggle Toward Supporting Age-in-Place

Instead of Special Housing for Seniors. In Transforming our World Through Design,

Diversity and Education (pp. 307-314). IOS Press.

The focus of this study was on housing design for ageing populations. Documents that

were investigated compared design guidelines in the United States, the United Kingdom

and Japan. Ageing populations are a feature of nearly all developed countries. Ageing-in-

place is believed to reduce the enormous costs of re-location. The most effective policy

was in Japan, where the government mandated a lowering of mortgage interest rates if

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 20

accessibility requirements were met. This policy led to more than half of new houses

being built to Universal Design standards. However, more recently, extremely low

interest rates have removed that advantage. The United Kingdom attempted to make

accessibility and visit-ability obligatory, however the Conservative government

abandoned the idea for political reasons: It was perceived that private companies had

created the standards without conducting a cost-benefit analysis.

The study was useful because it revealed the complexity and consequent dilution of

requirements for accessibility. A devolution to owner responsibility for safety within

homes becomes difficult when guidelines are complex, as is the case in New Zealand. It

also confirms that incentivising of above-code features is effective.

van der Heijden, J. (2019). Risk governance and risk-based regulation: A review of the

international academic literature. State of the Art in Regulatory Governance Research

Paper – 2019.02. Wellington: Victoria University of Wellington/Government Regulatory

Practice Initiative.

This study is a comprehensive international literature review with the purpose of creating

an academic Governance and Regulatory curriculum. The evidence was obtained from

159 qualitative and quantitative articles that were reduced from over a thousand. Of

particular interest, in the context of Ministry of Business, Innovation and Employment’s

failure to identify risks to users within their assessment for the recent Schedule One

exemption proposal, is that only one sentence within van der Heijden’s study mentioned

risk identification. This shows that the gap in the literature with respect to risk

identification, corresponds with the absence of a risk identification system within the

Ministry, and suggests the possibility of common causes for the failure.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 21

References

Accident Compensation Corporation, (ACC), (2020). Injuries from Falls.

https://www.acc.co.nz/newsroom/media-resources/injuries-from-falls/

Analytics, Accident Compensation Corporation, (ACC), (2020). Fire Related Claims.

data.govt.nz. https://catalogue.data.govt.nz/dataset/fire-related-claims

Atlas, R. (2019, November). What Is The Role Of Design And Architecture In Slip, Trip, And

Fall Accidents?. In Proceedings of the Human Factors and Ergonomics Society Annual

Meeting (Vol. 63, No. 1, pp. 531-536). Sage CA: Los Angeles, CA: SAGE Publications.

Buchanan, A. H., Deam, B. L., Fragiacomo, M., Gibson, T., & Morris, H. (2006). Fifteen years

of performance-based design in New Zealand.

Callon, J., Thomas, D., & Mercer, S. J. (2021). Falls downstairs: The impact on a UK major

trauma centre. Trauma, 14604086211002989.

Cohen, J., LaRue, C. A., & Cohen, H. H. (2009). Stairway falls an ergonomics analysis of 80

cases. Professional Safety, 54(01).

Damm, B. (2004) Streamlined Permitting in Building Laws of the Federal Republic of Germany

and its Effects on Mass Movements. In Malzahn, D. & Plapp, T., (Eds.). Disasters and

Society - From Hazard Assessment to Risk Reduction. Berlin, pp 377 - 384

Department of Building and Housing. (DBH). (2010). Building Act review: Proposals and

options for reform. Agency Disclosure Statement.

https://www.treasury.govt.nz/sites/default/files/2017-01/ris-dbh-bar2-jul10.pdf

Denizou, K. (2016). Universal Design as a booster for housing quality and architectural practice.

In Universal Design 2016: Learning from the Past, Designing for the Future (pp. 111-

120). IOS Press.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 22

Disability Action. (2017). Joint briefing to Hon Phil Twyford, Minister of Housing. Disability

Action, Including All people. https://www.ccsdisabilityaction.org.nz/assets/resource-

files/Joint-briefing-to-the-Minister-of-Housing.pdf

Fakunle, F., Opiti, C., Sheikh, A., & Fashina, A. (2020). Major barriers to the enforcement and

violation of building codes and regulations: a global perspective. SPC Journal of

Environmental Sciences, 2(1), 12-18.

International Risk Governance Council (IRGC). (2019). IRGC Risk Governance Framework.

https://irgc.org/risk-governance/irgc-risk-governance-framework/

IRGC. (2017). Introduction to the IRGC Risk Governance Framework, revised version.

Lausanne: EPFL International Risk Governance Center.

James, B., Saville-Smith, N., Saville-Smith, K., & Isaacs, N. P. (2018). Doing better in

residential dwellings: Going beyond the Code in energy and accessibility performance.

BRANZ.

Johnson, D. A., & Pauls, J. (2010). Systemic stair step geometry defects, increased injuries, and

public health plus regulatory responses. Contemporary ergonomics and human factors,

2010, 453-461.

Keall, M. D., Baker, M., Howden-Chapman, P., & Cunningham, M. (2008). Association

between the number of home injury hazards and home injury. Accident Analysis &

Prevention, 40(3), 887-893.

Keall, M., Kamalesh, V., Baker, M., Howden-Chapman, P., Cunningham, M & Guria, J. (2009).

Taranaki Home Injury Hazards Study. Build Magazine, June/July, 2009, (pp. 52-53).

Kim, K., & Steinfeld, E. (2016). An evaluation of stairway designs featured in architectural

record between 2000 and 2012. ArchNet-IJAR: International Journal of Architectural

Research, 10(1), 96.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 23

Kose, S. (2018). Housing Design for the Ageing: Struggle Toward Supporting Age-in-Place

Instead of Special Housing for Seniors. In Transforming our World Through Design,

Diversity and Education (pp. 307-314). IOS Press.

Ministry of Justice. (2020). Constitutional issues & human rights - Convention on the Rights of

Persons with Disabilities. https://www.justice.govt.nz/justice-sector-

policy/constitutional-issues-and-human-rights/human-rights/international-human-

rights/crpd/

LifeMark. (2016). Lifemark Design Standards Overview. LifeMark.

https://www.lifemark.co.nz/cms/files/Lifemark-Design-Standards-Overview-1.pdf

Mace, R., “Universal Design, Barrier Free Environments for Everyone,” Designers West,

November 1985

MBIE. (n.d.). Acceptable Solutions and Verification Methods For New Zealand Building Code

Clause D1, Access Routes.

MBIE. (2019). About this guide: Designing buildings for access and usability. Ministry of

Business, Innovation and Enterprise. http://www.building.govt.nz/building-code-

compliance/d-access/accessible-buildings/about/#jumpto-universal-design

MBIE. (April 21, 2020). Impact Summary: Building Consent Exemptions: Possible amendments

to Schedule 1 of the Building Act 2004. MBIE Publication no. z96jefgse. Wellington.

New Zealand Legislation. (2004). Building Act 2004.

Nwadike, A. & Wilkinson, S. (2020-a). Building code amendment process: a case study of New

Zealand. In 9th International Conference on Building Resilience-ICBR, Bali, Indonesia.

Nwadike, A., & Wilkinson, S. (2020-b). Challenges facing building code compliance in New

Zealand. International Journal of Construction Management, 1-11.

MGT816 Ass 2, Roy Stewart 2018002263


LITERATURE REVIEW & BIBLIOGRAPHY 24

Scott, A. (2005). Falls on stairways: literature review. Health and Safety Laboratory.

https://www.hse.gov.uk/research/hsl_pdf/2005/hsl0510.pdf

Stannard, M. (2020). The New Zealand Building Code-a rethink? Proceedings of the 2020 New

Zealand Society for Earthquake Engineering Annual Technical Conference.

Thames Coromandel District Council. (2015). Long Term Plan 2015 - 2025. pg 119.

https://www.tcdc.govt.nz/Global/FINAL%20Long%20Term%20Plan%20as%20at%2013

th%20July%2015.pdf

United Nations. (n.d.). Convention on the Rights of Persons with Disabilities and Optional

Protocol. https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf

van der Heijden, J. (2019). Risk governance and risk-based regulation: A review of the

international academic literature. State of the Art in Regulatory Governance Research

Paper – 2019.02. Wellington: Victoria University of Wellington/Government Regulatory

Practice Initiative.

World Bank. 2015. Building Risks for Resilience: Managing Buildings for Safer Cities; World

Bank, GFDRR; 2015

World Health Organisation. (2021). Step safely: strategies for preventing and managing falls

across the life-course. Geneva: World Health Organization. Licence: CC BY-NC-SA 3.0

IGO.

MGT816 Ass 2, Roy Stewart 2018002263

You might also like