Building Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Building Amendment Regulations 2011 S.R. No. 20/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Certificates under the BCA 3 7 Modifications to BCA and standard relating to bushfire prone areas 3 8 New regulation 116 inserted 3 116 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities 3 9 Additional information to accompany application for permit to construct or alter 8 10 Alterations to buildings 8 11 Extension of non-complying external wall 8 12 Branding of timber 9 13 Residential care buildings—automatic fire sprinkler systems 9 14 Hard-wired smoke alarms or detection system 9 15 Shared accommodation buildings—automatic sprinkler systems 9 16 Termite risk areas 10 17 Definition of essential safety measure 10 18 Building Appeals Board fees 10 19 Amendment to Form 1 in Schedule 2—Application for a building permit 10 20 Exemptions for buildings and building work 11 ═══════════════ ENDNOTES 12 -- 1 of 16 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 20/2011 Building Act 1993 Building Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 19 April 2011 Responsible Minister: MATTHEW GUY Minister for Planning MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building Regulations 2006— (a) to align certain requirements in the BCA relating to access to buildings for persons with disabilities with requirements for such access under federal anti-discrimination law; and (b) to insert definitions of the BCA Volume One and the BCA Volume Two, which are now contained in the National Construction Code Series; and (c) to substitute references to Volume One of the BCA and Volume Two of the BCA with the new definitions; and (d) to prescribe the fee for an application to the Building Appeals Board under section 160B of the Act; and -- 2 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel (e) to make other consequential and miscellaneous amendments. 2 Authorising provisions These Regulations are made under sections 7, 9, 261 and 262 of, and Part 1 of Schedule 1 to, the Building Act 1993. 3 Commencement These Regulations come into operation on 1 May 2011. 4 Principal Regulations In these Regulations, the Building Regulations 20061 are called the Principal Regulations. 5 Definitions (1) In regulation 105 of the Principal Regulations insert the following definitions— "BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; BCA Volume Two means Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume;". (2) In regulation 105 of the Principal Regulations, in the definition of fire performance requirement— (a) in paragraphs (a) and (b), for "Volume One of the BCA" substitute "the BCA Volume One"; (b) in paragraph (c), for "Volume Two of the BCA" substitute "the BCA Volume Two". r. 2 -- 3 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 6 Certificates under the BCA In regulation 111 of the Principal Regulations— (a) in subregulation (1), for "Volume One of the BCA" substitute "the BCA Volume One"; (b) in subregulation (2), for "Volume Two of the BCA" substitute "the BCA Volume Two". 7 Modifications to BCA and standard relating to bushfire prone areas (1) In regulation 114 of the Principal Regulations— (a) in subregulation (1), for "Volume One of the BCA" substitute "The BCA Volume One"; (b) in subregulation (2), for "Volume Two of the BCA" substitute "The BCA Volume Two"; (c) in subregulation (3), for "Volumes One and Two of the BCA" substitute "The BCA Volumes One and Two". (2) In the note at the foot of regulation 114(3) of the Principal Regulations— (a) for "Volume One of the BCA" substitute "the BCA Volume One"; (b) for "Volume Two of the BCA" substitute "the BCA Volume Two". 8 New regulation 116 inserted After regulation 115 of the Principal Regulations insert— '116 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities (1) Subject to subregulation (4), if an existing building is to contain a new part that must comply with an access provision, any r. 6 -- 4 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel affected part of the building must be brought into conformity with that access provision. Note This provision aligns the operation of these Regulations, incorporating the BCA Volume One, with the Disability (Access to Premises−Buildings) Standards 2010 of the Commonwealth. The Disability (Access to Premises−Buildings) Standards 2010 apply the requirements of the Access Code contained in those Standards (being building requirements relating to access to buildings and associated facilities and services for persons with a disability) not only to new parts of buildings but also to the affected parts of buildings that contain new parts. Affected parts of buildings may be in buildings that pre-date the commencement on 1 May 2011 of the access provisions in the BCA Volume One or they may be in buildings constructed after 1 May 2011. (2) An access provision that was not in force immediately before 1 May 2011 does not apply to building work carried out under a building permit in respect of which an application was made before 1 May 2011, whether the permit was issued before or after 1 May 2011. (3) Despite anything to the contrary in the BCA Volume One, an access provision does not apply to— (a) a new part of a Class 1b building if the Class 1b building— (i) has fewer than 4 bedrooms that are used for rental accommodation; and (ii) was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or r. 8 -- 5 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel (b) a new part of a Class 2 building if the Class 2 building was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or (c) the internal parts of a sole-occupancy unit in a Class 2 building; or (d) a Class 4 building; or (e) a Class 10 building or a new part of a Class 10 building that is associated with— (i) a Class 1a building; or (ii) a Class 4 part of a building. (4) Despite anything to the contrary in these Regulations— (a) an access provision does not apply to an affected part of a building if— (i) parts of the building are leased to different persons; and (ii) one of the persons is responsible for building work to be carried out in respect of the new part of the building; and (iii) the new part is leased to that person; and (b) the deemed-to-satisfy requirement in Table E3.6b in the BCA Volume One requiring a passenger lift, which travels more than 12 metres, to have a lift floor dimension of not less than 1400mm x 1600mm does not apply if the passenger lift— r. 8 -- 6 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel (i) is an existing passenger lift; and (ii) is located in a new part or an affected part of a building; and (iii) has a lift floor dimension of no less than 1100mm x 1400mm; and (c) the deemed-to-satisfy requirements in F2.4(c) and F2.4(e) in the BCA Volume One do not apply to an existing accessible sanitary compartment or an existing sanitary compartment suitable for a person with a disability to the extent that the requirements require a sanitary compartment to comply with AS 1428.1—2009 Design for access and mobility Part 1: General requirements for access—New building work published on 27 November 2009 as incorporated by the BCA Volume One, if the existing sanitary compartment— (i) is located in a new part or an affected part of a building; and (ii) complies with AS 1428.1—2001 Design for access and mobility Part 1: General requirements for access—New building work published on 5 June 2001. (5) In this regulation— "access provision means— (a) a performance requirement— (i) that is contained in Section D, Part E3 or Part F2 of the BCA Volume One; and r. 8 -- 7 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 7 Authorised by the Chief Parliamentary Counsel (ii) in respect of which there is an equivalent performance requirement contained in the Access Code within the meaning of the Disability (Access to Premises−Buildings) Standards 2010 of the Commonwealth; and Note The Disability (Access to Premises −Buildings) Standards 2010 of the Commonwealth are available from the Australian Government Attorney-General's Department website at www.ag.gov.au. (iii) to the extent that the performance requirement relates to the provision of access to buildings, and facilities and services within buildings, for persons with disabilities; and (b) a provision of a document applied, adopted or incorporated by reference in a performance requirement referred to in paragraph (a); affected part, in relation to a building that is to contain a new part, means— (a) the principal pedestrian entrance of the building; and (b) any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the proposed new part; r. 8 -- 8 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 8 Authorised by the Chief Parliamentary Counsel new part, in relation to an existing building, means a part of that building that is to be altered, including an extension to the building, in respect of which an application for a building permit is made on or after 1 May 2011. Note Under section 160B of the Act a person may apply on the ground of unjustifiable hardship to the Building Appeals Board for a determination that an access provision does not apply, or applies with specified modifications or variations, to a building or land.'. 9 Additional information to accompany application for permit to construct or alter In regulation 305(b) of the Principal Regulations— (a) for "Volume One of the BCA" substitute "the BCA Volume One"; (b) for "Volume Two of the BCA" substitute "the BCA Volume Two". 10 Alterations to buildings (1) In regulation 608(2) of the Principal Regulations, for "regulation 609" substitute "regulations 116(4) and 609". (2) In regulation 608(3) of the Principal Regulations, for "If" substitute "Subject to regulation 116(4), if". 11 Extension of non-complying external wall In regulation 611 of the Principal Regulations, for "Volume Two of the BCA" substitute "the BCA Volume Two". r. 9 -- 9 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 9 Authorised by the Chief Parliamentary Counsel 12 Branding of timber In regulation 613(1) of the Principal Regulations— (a) for "Volume One" substitute "the BCA Volume One"; (b) for "Volume Two of the BCA" substitute "the BCA Volume Two". 13 Residential care buildings—automatic fire sprinkler systems In the note at the foot of regulation 708(1) of the Principal Regulations, for "the Victorian Appendix to Volume One of the BCA" substitute "the Appendix Victoria set out in the Appendices to the BCA Volume One". 14 Hard-wired smoke alarms or detection system In regulation 709(5) and (6) of the Principal Regulations, for "Volume One of the BCA" (wherever occurring) substitute "the BCA Volume One". 15 Shared accommodation buildings—automatic sprinkler systems (1) In the note at the foot of regulation 710(1) of the Principal Regulations, for "the Victorian Appendix to Volume One of the BCA" substitute "the Appendix Victoria set out in the Appendices to the BCA Volume One". (2) In regulation 710(6) and (7) of the Principal Regulations, for "Volume One of the BCA" (wherever occurring) substitute "the BCA Volume One". r. 12 -- 10 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 10 Authorised by the Chief Parliamentary Counsel 16 Termite risk areas In regulation 803(2) of the Principal Regulations— (a) for "Volume One of the BCA" substitute "the BCA Volume One"; (b) for "Volume Two of the BCA" substitute "the BCA Volume Two". 17 Definition of essential safety measure In regulation 1202 of the Principal Regulations, in paragraph (a) of the definition of essential safety measure, for "Volume One of the BCA" (wherever occurring) substitute "the BCA Volume One". 18 Building Appeals Board fees In regulation 1602 of the Principal Regulations— (a) in paragraph (h), for "$222.30." substitute "$222.30;"; (b) after paragraph (h) insert— "(i) in the case of an application under section 160B of the Act, $516.30.". 19 Amendment to Form 1 in Schedule 2—Application for a building permit In Form 1 in Schedule 2 to the Principal Regulations, before the heading "Ownership Details" insert— "Lessee responsible for building work Indicate if a lessee of the building, of which parts are leased by different persons, is responsible for the alterations to a part of the building leased by that lessee. †† †Tick if applicable". r. 16 -- 11 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 11 Authorised by the Chief Parliamentary Counsel 20 Exemptions for buildings and building work (1) In Column 2 of item 5 of the Table in Schedule 8 to the Principal Regulations— (a) for "Volume One of the BCA" substitute "the BCA Volume One"; (b) for "Volume Two of the BCA" substitute "the BCA Volume Two". (2) For Column 2 of item 9 of the Table in Schedule 8 to the Principle Regulations substitute— "A relocatable swimming pool that is erected temporarily, or a spa that does not share a water recirculation system with a swimming pool and that complies with AS 1926.3 Swimming pool safety Part 3: Water recirculation systems as issued or published from time to time, if either the swimming pool or the spa is erected in an area enclosed by an approved barrier. Note This exemption applies only to the relocatable swimming pool or the spa and not to the barriers.". ═══════════════ r. 20 -- 12 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 12 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 68/2006. Reprint No. 1 as at 1 September 2009. Reprinted to S.R. No. 105/2009. Subsequently amended by S.R. Nos 25/2009, 105/2009, 139/2009, 15/2010, 32/2010, 50/2010 and 82/2010. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— BCA means the Building Code of Australia comprising— (a) Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and (b) Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume; BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; BCA Volume Two means Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume; National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time; Principal Regulations means the Building Regulations 2006. Endnotes -- 13 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 13 Authorised by the Chief Parliamentary Counsel Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5(1) which amends regulation 105 of the Principal Regulations to insert the definitions of BCA Volume One and BCA Volume Two BCA Volume One BCA Volume Two The whole Regulation 5(2) which amends regulation 105 of the Principal Regulations to amend the definition of fire performance requirement BCA Volume One BCA Volume Two The whole Regulation 6 which amends regulation 111 of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 7 which amends regulation 114 of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 8 which inserts a new regulation 116 in the Principal Regulations BCA Volume One AS1428.1—2009 Design for access and mobility Part 1: General requirements for access— New building work, published by Standards Australia on 27 November 2009, as incorporated by the BCA Volume One Table E3.6b F2.4(c) and F2.4(e) Section D, Part E3 and Part F2 The whole -- 14 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 14 Authorised by the Chief Parliamentary Counsel Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document AS1428.1—2001 Design for access and mobility Part 1: General requirements for access— New building work, published by Standards Australia on 5 June 2001 The whole Regulation 9 which amends regulation 305(b) of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 11 which amends regulation 611 of the Principal Regulations BCA Volume Two The whole Regulation 12 which amends regulation 613(1) of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 13 which amends the note at the foot of regulation 708(1) of the Principal Regulations BCA Volume One The Appendix Victoria set out in the Appendices Regulation 14 which amends regulation 709(5) and (6) of the Principal Regulations BCA Volume One The whole Regulation 15(1) which amends regulation 710 of the Principal Regulations BCA Volume One The Appendix Victoria set out in the Appendices Regulation 15(2) which amends regulation 710 of the Principal Regulations BCA Volume One The whole Regulation 16 which amends regulation 803(2) of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 17 which amends regulation 1202 of the Principal Regulations BCA Volume One The whole -- 15 of 16 -- S.R. No. 20/2011 Building Amendment Regulations 2011 15 Authorised by the Chief Parliamentary Counsel Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 20(1) which amends Column 2 of item 5 of the Table in Schedule 8 to the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 20(2) which amends Column 2 of item 9 of the Table in Schedule 8 to the Principal Regulations AS 1926.3—2010 Swimming pool safety Part 3: Water recirculation systems, published by Standards Australia on 1 September 2010 The whole -- 16 of 16 --