Building Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Building Amendment Regulations 2016 S.R. No. 33/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 5 Definitions 2 6 Regulations 119, 120 and 121 revoked—Farm buildings 2 7 Regulations 123 and 124 revoked—Fire hazards and sprinkler protection of covered balconies 2 8 New regulation 1205A inserted 2 9 Contents and form of annual report 3 10 Annual reports and records to be made available by owners of buildings constructed before 1 July 1994 4 ═══════════════ Endnotes 5 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 33/2016 Building Act 1993 Building Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 26 April 2016 Responsible Minister: RICHARD WYNNE Minister for Planning ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building Regulations 2006— (a) to provide further for the maintenance requirements of certain essential safety measures; and (b) to make other miscellaneous amendments. 2 Authorising provisions These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993. 3 Commencement (1) These Regulations (except regulations 6 and 7) come into operation on the day on which they are made. (2) Regulations 6 and 7 come into operation on 1 May 2016. -- 2 of 7 -- Building Amendment Regulations 2016 S.R. No. 33/2016 Authorised by the Chief Parliamentary Counsel 2 4 Principal Regulations In these Regulations, the Building Regulations 20061 are called the Principal Regulations. 5 Definitions In regulation 105 of the Principal Regulations, insert the following definition— "AS 1851—2012 means AS 1851—2012 Routine service of fire protection systems and equipment, as issued from time to time;". 6 Regulations 119, 120 and 121 revoked—Farm buildings Regulations 119, 120 and 121 of the Principal Regulations are revoked. 7 Regulations 123 and 124 revoked—Fire hazards and sprinkler protection of covered balconies Regulations 123 and 124 of the Principal Regulations are revoked. 8 New regulation 1205A inserted After regulation 1205 of the Principal Regulations, insert— "1205A Compliance with AS 1851—2012 taken to be compliance with earlier standards (1) This regulation applies in relation to a condition on an occupancy permit, or a maintenance determination, which specifies the frequency and type of maintenance required for an essential safety measure pertaining to a building or place of public entertainment. (2) Despite sections 40 and 51 of the Act, and regulation 1205, if the condition on the occupancy permit or the maintenance determination specifies that the essential -- 3 of 7 -- Building Amendment Regulations 2016 S.R. No. 33/2016 Authorised by the Chief Parliamentary Counsel 3 safety measure must be maintained in accordance with AS 1851—2005 Maintenance of fire protection systems and equipment, as issued from time to time, or an equivalent standard published before 5 September 2005, compliance with AS 1851—2012 is taken to be compliance with the frequency and maintenance requirements specified in the condition or maintenance determination (as the case requires). (3) If the owner of the building or place of public entertainment, in accordance with subregulation (2), complies with AS 1851—2012 in relation to the essential safety measure, instead of the frequency and type of maintenance required for the essential safety measure specified in the occupancy permit or the maintenance determination, the owner must continue to comply with AS 1851—2012 in relation to the essential safety measure.". 9 Contents and form of annual report After regulation 1209(d) of the Principal Regulations, insert— "(da) include a statement that the owner, in accordance with regulation 1205A, is complying with AS 1851—2012 in relation to an essential safety measure, instead of the frequency and type of maintenance required for the essential safety measure specified in the relevant occupancy permit or the maintenance determination; and". -- 4 of 7 -- Building Amendment Regulations 2016 S.R. No. 33/2016 Authorised by the Chief Parliamentary Counsel 4 10 Annual reports and records to be made available by owners of buildings constructed before 1 July 1994 Regulation 1216(2) of the Principal Regulations is revoked. ═══════════════ -- 5 of 7 -- Endnotes Building Amendment Regulations 2016 S.R. No. 33/2016 Authorised by the Chief Parliamentary Counsel 5 Endnotes 1 Reg. 4: S.R. No. 68/2006. Reprint No. 3 as at 11 December 2014. Reprinted to S.R. No. 197/2014. Subsequently amended by S.R. Nos 8/2015, 21/2015, 70/2015, 134/2105, 152/2015, 157/2015 and 4/2016. —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5 which inserts the definition of AS 1851—2012 in regulation 105 of the Building Regulations 2006 AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012 The whole Regulation 8 which inserts new regulation 1205A(2) and (3) into the Building Regulations 2006 AS 1851—2005 Maintenance of fire protection systems and equipment published by Standards Australia on 12 September 2005, as reissued and amended on 26 July 2006 and 23 May 2008 The whole AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012 The whole -- 6 of 7 -- Endnotes Building Amendment Regulations 2016 S.R. No. 33/2016 Authorised by the Chief Parliamentary Counsel 6 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 9 which inserts new regulation 1209(da) into the Building Regulations 2006 AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012 The whole -- 7 of 7 --