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  1. #1
    Join Date
    Aug 2008
    Location
    Melbourne
    Posts
    9

    Default Deck Structure and General Fixings in Exposed Seaside Location

    Hi Folks. This is my first post on this Forum and I hope you might be able to give me some feedback on some issues I'm having with a house we had built about 8 years ago. My apologies if this gets a bit long winded.

    The back story is that the house is in an exposed location on a hill approx 50 meters from the breaking surf on the Surf Coast in Vic. The house was built by a "well credentialed" builder based out of Melbourne but who builds in rural areas including the Surf Coast as well.

    We have had the normal maintenace issues (ie water leaks etc) with the place which were ultimately attended to (but not always fixed) by the builder (in their own sweet time!!).

    Many of the external fittings didn't stand up to the environment very well at all (ie. Down pipe brackets rusted away within 5 years, external "stainless steel" light fittings fell apart in less time etc, nails holding up the eave linings rusted within 3 years and the builder "fixed" this initially by simply painting over the eaves - I ended up hiring scaffolding last year and re-nailing the eaves with stainless steel nails and grinding to top off all the rusted out nails, rust treating the remaining stubs and repainting the whole eaves area). Unfortunately more rust is now coming through so I'm about to get more assertive with the builder.

    However, my biggest concern relates to the construction of a large 3 meter high deck that is attached to the house (and built with the house) - it is shaped like quarter of an oval approx 8 meters x 6 meters with the straight "L" sides attached to 2 sides of the house. There is a large steel beam that runs around the curve and this sits on a large steel post. Last year I had to replace the decking boards (after only 8 years!!! - another story) and when doing this I discovered that the timber joists that run between the perimeter steel beam and the ledger attached to the house were simply skew nailed to the ledger with a nail gun (as is the case with all timber to timber joints in the structure). These nails don't appear to be galvanised and certainly not stainless steel and had started to rust. I obtained stainless steel joist hangers and reattached each joist using stainless steel screws before replacing the decking boards with Modwood. I also discovered that many of the screws used to attach the ss balustrade to the deck had rusted out and I replaced these with ss as well.

    I saw this as a serious safety issue as we have large numbers of people on the deck from time to time. I reported this to the builder, along with other issues which relate to use of inappropriate fixings for this location (ie barge boards hanging off because the nails rusted etc) but have been met with disinterest and disdain by the builder. We are now finding that treated pine slats attached to the underside of the deck are falling off because the staples used to attach them have rusted.

    Is anybody able to advise me whether the constuction of this deck (ie skew nails rather than ss hangers)would comply with code and whether I could reasonably expect the builder to repair damage caused by rusted out fittings 8 years after construction.

    Many thanks for any comments.
    Jakor

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  3. #2
    Join Date
    Apr 2018
    Location
    Nsw
    Age
    64
    Posts
    1,357

    Default

    Victoria has different rules and I am not familiar with them but NSW is 2 years for non structural and 6 years for structural/ waterproofing issues.
    Regardless, the builder is obliged to do what was specified which may well mean he would be required to use the appropriate fixings or perhaps what he has done is what was specified? Decking rotting out and light fittings rusting away is not his issue if that is what he was asked to install.
    Firstly you would need to check with the appropriate authority as to whether the builder is still liable to recourse after 8 years in your state and if so you may consider getting a consultant to inspect the work to see if it is deemed defective.
    You do need to weigh up if the cost of the consultant and possibly a lawyer to enforce some action is worth it V the cost of having the work attended to yourself

  4. #3
    Join Date
    Aug 2008
    Location
    Melbourne
    Posts
    9

    Default

    Thanks for your comments Beardy. I understand that the decking boards and lights are not the builders issue (although the lighting Company that recommended the lights does have a relationship with the builder).

    My concern is that the builder had a contractual obligation to use fixtures and materials that are suitable for the area and they were fully aware of the nature of the location when they designed, quoted and built the house. We had no way of knowing if they had done this or not (only relying on their reputation etc) until these started for fail 3 to 8 years after construction. We have raised the matter of failing fixtures and materials throughout the maintenance period and some of these have been attended to, most often with a short term rather than long term solution (ie simply paint over rusting nails). My main concern at the moment is whether the deck was compliant when it was built. I have tried to search for any building code that would indicate appropriate practice for decking structure without any real luck - however, I suspect skew nailing deck joists with nails that will inevitably rust and no other means of support is a recipe for long term failure.

    We are weighing up the potential costs of going down the legal route but the builders' non reponsiveness and, frankly, disrespectfulness on this matter is pretty galling.

    Cheers, Jakor

  5. #4
    Join Date
    Oct 2008
    Location
    Brisbane
    Posts
    145

    Default

    Time to buy the Building Code of Australia, with Victorian amendments. This is the minimum standard that homes, carports, hotels, commercial offices etc should be built to. Get the appropriate volume that suits Residential house.
    From there is a mine field of interpretation vs build.
    Good luck


    Sent from my iPhone using Tapatalk

  6. #5
    Join Date
    Oct 2015
    Location
    Ringwood, VIC
    Posts
    575

    Default

    You could probably find a good building inspector or surveyor who could help.

    Someone local, who wasn't involved in your house (!) and who knows what the code was 8 years ago.



    Russ

  7. #6
    Join Date
    May 2012
    Location
    Woodstock (Cowra)
    Age
    74
    Posts
    3,373

    Default

    8 years ago BCA (now NCC) stipulated stainless steel fixtures and fitments within 500m of breaking surf. The BCA overides any Victorian condition unless it is of greater importance than the standard BCA. Your builder would have been aware of this when designing and quoting.
    If you would like me to give you the exact references, let me know
    The person who never made a mistake never made anything

    Cheers
    Ray

  8. #7
    Join Date
    Aug 2008
    Location
    Melbourne
    Posts
    9

    Default

    Thank you all for your comments. I have obtained a copy of the BCA Class 1 Housing Provisions - they make interesting reading. It appears that our builder may have failed to comply with the Code in a number of areas and product switched with inferior fittings hidden within the structure during construction, as well as breaching the building contract on multiple occasions during the mandatory maintenance period. I will up the ante in my attempts to get their attention but I strongly suspect they will continue with their strategy of either ignoring me or simply stonewalling with vague indications that they will investigate.

    Cheers, Jakor

  9. #8
    Join Date
    Feb 2021
    Location
    Denver
    Age
    31
    Posts
    1

    Default

    Huh thanks for the information. I have been in the process of renovating a house I bought a little while ago and I am tearing down the deck and rebuilding it from scratch

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