Building (Interim) Regulations 2005

i Building (Interim) Regulations 2005 S.R. No. 51/2005 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 Division 1—Introduction 1 101. Objectives 1 102. Authorising provisions 2 103. Commencement 2 104. Revocation 2 105. Definitions 3 106. Use of BCA terms 6 107. Numerical values 7 108. Use of buildings 7 Division 2—Building Code of Australia 7 109. Building Code of Australia 7 110. Accreditation authority 7 111. Certificates under the BCA 7 112. Classification of buildings 8 113. Fire performance requirements—alternative solutions 8 PART 2—OWNER BUILDERS 10 201. Information to be contained in application for certificate of consent 10 202. Application fee for certificate of consent 11 203. Information to be contained in certificate of consent 11 204. Register of certificates of consent 11 PART 3—BUILDING PERMITS 13 Division 1—Applications 13 301. Applications for building permits 13 302. Application for permit to construct building 13 303. Application for permit to alter an existing building 15 304. Application for permit to demolish, remove building 15 -- 1 of 207 -- Regulation Page ii 305. Additional information to accompany application for permit to construct or alter 16 306. Exemption for stage of building work 18 307. Time limits—applications for building permits 18 Division 2—Reporting Authorities 18 308. Prescribed reporting authorities and prescribed matters 18 309. Report and consent required for fire safety matters 19 310. Report and consent for building over easements 19 311. Electricity sub-stations 20 312. Maximum fee for demolition report and consent 20 Division 3—Building Permits 20 313. Issue of building permit 20 314. Building surveyor to forward details of fire sprinklers to chief officer 21 315. Building surveyor to provide copy of permit 21 316. Commencement and completion of work 22 317. Applicant to make documents, permit available 23 318. Provision and display of permit information 23 319. Owner to notify change of owner or builder 24 Division 4—Duties of Building Surveyor 24 320. Documents to be given to council 24 321. Lodgement fees 26 322. Building permit levies 26 323. Permit details 27 324. Guarantees and bonds 27 Division 5—Duties of Council 28 325. Period that documents must be kept 28 326. Council to make documents available 29 327. Requests for information 29 328. Fees for requests for information 30 PART 4—SITING 31 Division 1—Introduction 31 401. Application 31 402. Definitions 31 403. References to planning schemes 32 404. What is an existing building? 32 405. What is a single dwelling? 33 406. Exception concerning approved building envelopes 33 -- 2 of 207 -- Regulation Page iii Division 2—Single Class 1 Buildings and Associated Class 10 Buildings 33 407. Application of Division 33 408. Maximum street setback 34 409. Minimum street setbacks 34 410. Building height 36 411. Site coverage 37 412. Permeability 38 413. Car parking 38 414. Side and rear setbacks 39 415. Walls on boundaries 41 416. Daylight to existing habitable room windows 42 417. Solar access to existing north-facing windows 44 418. Overshadowing of recreational private open space 46 419. Overlooking 47 420. Daylight to habitable room windows 49 421. Private open space 50 Division 3—Siting of Class 10a buildings 51 422. Siting of Class 10a buildings 51 Division 4—Class 10b Buildings 51 423. Application of Division 51 424. Front fence height 51 425. Fence setbacks from side and rear boundaries 52 426. Fences on or within 150mm of side or rear boundaries 53 427. Fences on street alignments 54 428. Fences and daylight to windows in existing dwelling 55 429. Fences and solar access to existing north-facing habitable room windows 56 430. Fences and overshadowing of recreational private open space 57 431. Masts, poles etc. 58 PART 5—ALLOTMENTS AND PROJECTIONS 59 Division 1—Allotments 59 501. Application 59 502. Combined allotments 59 503. Subdivision of existing buildings 60 Division 2—Projections 61 504. Projections beyond the street alignment 61 505. Architectural features 61 506. Windows and balconies 61 507. Verandahs 62 508. Sunblinds and awnings 62 -- 3 of 207 -- Regulation Page iv 509. Service pipes and rainwater heads 62 510. Window shutters 63 511. Signs 63 512. Report and consent required 63 513. Footings adjoining boundaries are permissible 64 Division 3—Buildings Above or Below Certain Public Facilities 65 514. Buildings above or below certain public facilities 65 PART 6—BUILDING WORK 66 Division 1—General Provisions 66 601. Testing of materials 66 602. Protection of adjoining property 66 603. Exceptions to carrying out protection work 68 604. Protection of the public 69 605. Excavations 69 606. Retaining walls 69 607. Demolition 70 608. Alterations to buildings 71 609. Alterations affecting exits and paths to exits 72 610. Storm water drainage 72 Division 2—Special Provisions 73 611. Extension of non-complying external wall 73 612. Record of pile-driving 73 613. Branding of timber 73 PART 7—BUILDING WORK—SAFETY REQUIREMENTS 76 Division 1—Existing Swimming Pools and Spas 76 701. Definition of owner 76 702. Application of this Division 76 703. Requirement for barriers 77 704. Requirements for doors or gates 77 705. Requirements for windows in walls used as barriers 78 Division 2—Fire Safety in Certain Existing Residential Buildings 79 706. Definition of owner 79 707. Self contained smoke alarms 79 708. Residential care buildings—automatic fire sprinkler systems 80 709. Hard-wired smoke alarms or detection system 81 710. Shared accommodation buildings—automatic sprinkler systems 83 -- 4 of 207 -- Regulation Page v PART 8—BUILDING WORK IN SPECIAL AREAS 85 801. Septic tank systems 85 802. Flood areas 85 803. Termite areas 87 804. Designated bushfire prone areas 87 805. Alpine areas 88 806. Designated land or works 88 807. Designated special areas—mapping 89 PART 9—INSPECTIONS NOTICES AND ORDERS 91 901. Mandatory notification stages for inspection 91 902. Availability and keeping of directions 91 903. Emergency orders 92 904. Building notice 92 905. Building orders 93 906. Amendment or cancellation of a building order 93 PART 10—OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION 94 1001. Application of Part 94 1002. Application for occupancy permit 94 1003. Reporting authorities for occupancy permit 94 1004. Time limits 95 1005. Form of occupancy permit 95 1006. Form of certificate of final inspection 95 1007. Display of occupancy permit at approved location 95 1008. Approved location for display of permit 96 1009. Owner to make permit available for inspection 96 1010. Keeping of occupancy permit records 97 1011. Change of use 97 1012. Information to be supplied to council 98 1013. Documents to be given to council 99 1014. Prescribed time to give council other documents 100 1015. Building surveyor to notify chief officer of issue of certificates of final inspection 100 PART 11—PLACES OF PUBLIC ENTERTAINMENT 102 1101. Application 102 1102. Prescribed classes 102 1103. Occupancy permit applications for prescribed places of public entertainment made to Commission 102 1104. Prescribed temporary structures 102 1105. Conditions of use 103 1106. Structural design of structures 104 -- 5 of 207 -- Regulation Page vi PART 12—MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT 105 Division 1—Maintenance of Essential Safety Measures in Certain Buildings and Places of Public Entertainment 105 1201. Application of Division 105 1202. Definitions 105 1203. Maintenance requirements for essential safety measures when occupancy permit required 106 1204. Maintenance requirements of essential safety measures in other circumstances 107 1205. Owner must comply with maintenance determination 107 1206. Display of maintenance determination 108 1207. Approved location for display of maintenance determination 108 1208. Determination to be available for inspection 108 1209. Owner must prepare annual report 109 1210. Contents and form of annual report 109 1211. Display of annual essential safety measures report 110 1212. Annual reports and records to be made available 111 Division 2—Maintenance of Essential Safety Measures in Other Buildings and Places of Public Entertainment 111 1213. Application of Division 111 1214. Definition of essential safety measure 111 1215. Owner's responsibility 111 1216. Maintenance of exits 112 Division 3—Swimming Pool and Spa Maintenance and Operation 112 1217. Swimming pool and spa maintenance and operation 112 PART 13—COOLING TOWER SYSTEMS 114 1301. Application to register or renew registration 114 1302. Registration and renewal fees 115 1303. Notification of alterations to cooling tower system 115 1304. Information to be included in the register 117 PART 14—BUILDING PRODUCT ACCREDITATION 118 1401. Definitions 118 1402. Application of Part 118 1403. Prescribed body to accredit products 118 1404. Application for accreditation 118 1405. Accreditation fees 119 1406. Certificate of accreditation 119 1407. Registration of accredited products 119 1408. Revocation of accreditation 119 -- 6 of 207 -- Regulation Page vii 1409. Records 120 1410. Information in application to remain confidential 120 1411. Offence to falsely claim product accredited 120 PART 15—BUILDING PRACTITIONERS 121 1501. Definition 121 1502. Professional standards 121 1503. Prescribed qualifications and classes 121 1504. Period for which private building surveyor may not act 122 1505. Certificates of compliance—proposed building work 122 1506. Certificates of compliance—building work 123 1507. Forms of certificates of compliance 124 1508. Duplicate certificate fee 124 PART 16—BUILDING APPEALS BOARD 125 1601. Appeal periods 125 1602. Building Appeals Board fees 125 1603. Additional fees 126 1604. Fees to be refunded 127 PART 17—INFRINGEMENT NOTICES 128 1701. Application 128 1702. Authorised officers 128 1703. Prescribed offences 128 1704. Form of infringement notices 128 1705. Prescribed penalties 129 1706. Payment of prescribed penalty 129 PART 18—EXEMPTIONS 130 Division 1—Exemptions for Certain Buildings and Building Work 130 1801. Exemptions from permits 130 1802. Exemptions from building regulations 130 1803. Exemption from permit for temporary structures 130 1804. Exemption for farm buildings 130 Division 2—Exemptions in Relation to Certain Buildings 131 1805. Exemptions relating to building surveyors 131 1806. Exemption from permit application fees 133 Division 3—Exemptions Relating to Builders of Multi-storey Residential Buildings 133 1807. Definitions 133 1808. Exemption from required insurance for builder 134 1809. Exemptions from required insurance for owner-builders 135 -- 7 of 207 -- Regulation Page viii Division 4—Exemptions from Registration for Certain Building Practitioners 135 1810. Domestic builders if work less than $5000 135 1811. Builders of Class 10 buildings 136 1812. Builders of masts and similar Class 10b structures 136 1813. Draftsperson doing certain domestic building work 136 1814. Draftsperson doing certain work for engineer 137 1815. Registration requirements for certain domestic builders 137 PART 19—TRANSITIONAL PROVISIONS 139 1901. Annual essential services reports deemed to be annual essential safety measures reports 139 1902. Registration of building practitioners not affected by revocation of Building Regulations 1994 139 PART 20—EXPIRY 140 2001. Expiry 140 __________________ SCHEDULES 141 SCHEDULE 1—Revocations 141 SCHEDULE 2—Forms 142 Form 1—Application for a Building Permit 143 Form 2—Building Permit 147 Form 3—Building permit levy return 150 Form 4—Building work Commencement, Completion or Permit Lapse Return 152 Form 5—Protection Work Notice 153 Form 6—Protection Work Response Notice 155 Form 7—Application for Occupancy Permit 157 Form 8—Occupancy Permit 158 Form 9—Certificate of Final Inspection 160 Form 10—Annual Essential Safety Measures Report 161 Form 11—Certificate of Compliance—Design 163 Form 12—Certificate of Compliance—Inspection 165 Form 13—Building Infringement Notice 167 -- 8 of 207 -- Regulation Page ix SCHEDULE 3—Time Limits for Building Permit Applications 169 SCHEDULE 4—Prescribed Matters Reported on by Prescribed Reporting Authorities 171 SCHEDULE 5—Planning Schemes 175 SCHEDULE 6—Time Limits for Occupancy Permit Applications 176 SCHEDULE 7—Categories/Classes of Building Practitioners and Qualifications 177 SCHEDULE 8—Exemptions for Buildings and Building Work 186 ═══════════════ ENDNOTES 192 -- 9 of 207 -- 1 STATUTORY RULES 2005 S.R. No. 51/2005 Building Act 1993 Building (Interim) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 7 June 2005 Responsible Minister: ROB HULLS Minister for Planning RUTH LEACH Acting Clerk of the Executive Council PART 1—PRELIMINARY Division 1—Introduction 101. Objectives The objectives of these Regulations are (a) to remake with amendments the regulations which control the design, construction and use of buildings and places of public entertainment; and (b) to prescribe standards for the construction and demolition of buildings; and (c) to prescribe standards of safety for places of public entertainment; and (d) to regulate matters relating to the use and maintenance of buildings and places of public entertainment; and -- 10 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 2 (e) to prescribe requirements for the design and siting of single dwellings and associated buildings; and (f) to prescribe standards and matters relating to the maintenance of fire safety and safety measures; and (g) to prescribe requirements for swimming pool and spa safety; and (h) to prescribe matters in relation to the registration of cooling tower systems; and (i) to provide for matters relating to the accreditation of building products, construction methods, designs, components and systems connected with building work; and (j) to prescribe qualifications and provide for other matters relating to registration of building practitioners; and (k) to prescribe fees in respect of matters before the Building Appeals Board, the Building Practitioners Board and the Building Regulations Advisory Committee; and (l) to provide for other matters for the purposes of the Building Act 1993. 102. Authorising provisions These Regulations are made under sections 7, 9, 15A, 75H, 261 and 262 of, and Schedule 1 to, the Building Act 1993. 103. Commencement These Regulations come into operation on 14 June 2005. 104. Revocation The Regulations listed in Schedule 1 are revoked. r. 102 -- 11 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 3 105. Definitions In these Regulations— "allotment" means land that can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided; "alteration" means construction in relation to an existing building; "approved" means approved by the relevant building surveyor; "AS/NZS" followed by a number or a group of numbers accompanied by a reference to a calendar year, means the standard so numbered published jointly by or on behalf of Standards Australia and Standards New Zealand; "BCA" means the Building Code of Australia; "clear to the sky" means an unroofed area or an area roofed with a material that transmits at least 90% of light; "declared road" means a freeway or an arterial road within the meaning of the Road Management Act 2004; "drainage authority" means— (a) in relation to any area to which Part X of the Melbourne and Metropolitan Board of Works Act 1958 applies, the Melbourne Water Corporation; and (b) in relation to any other area, the Authority to which Division 3 of Part 10 of the Water Act 1989 applies for that area; r. 105 -- 12 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 4 "electricity supply authority" has the same meaning as electricity corporation has in section 85 of the Electricity Industry Act 2000; "farm land" means farm land as defined in section 2 of the Valuation of Land Act 1960; "fire performance requirement" means— (a) performance requirement BP1.1, DP2, DP3, DP4 or DP6 of Volume One of the BCA (to the extent that it relates to fire safety); or (b) performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5 or EP1.6 of Volume One of the BCA; or (c) performance requirement P2.1, P2.3.1 or P2.3.2 of Volume Two of the BCA (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building); "fire safety engineer" means a registered building practitioner in the category of engineer, class of fire safety engineer; "floodplain management authority" means an Authority or Minister to which Division 4 of Part 10 of the Water Act 1989 applies; "Form" means a form in Schedule 2; "gas supply authority" means— (a) in relation to an area served by a reticulated gas supply, a gas company within the meaning of the Gas Safety Act 1997; and r. 105 -- 13 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 5 (b) in relation to pipelines for the conveyance of hydrocarbons, the Minister responsible for the Pipelines Act 1967; "height" in relation to— (a) a building (other than a wall or fence) at any point, means the vertical distance between natural ground level and the top of the roof covering; and (b) a wall at any point, means the vertical distance between the natural ground level at the base of the wall and the point at which the outer wall intersects the plane of the top of the roof covering or the top of the parapet, whichever is higher; and (c) a fence at any point, means the vertical distance between natural ground level at the base of the fence and the top of the fence; "pergola" means an open structure that is unroofed but may have a covering of open weave permeable material; "private open space" means— (a) an unroofed area of land; or (b) a deck, terrace, patio, balcony, pergola, verandah, gazebo or swimming pool; "setback" from a boundary or building, means a horizontal distance from that boundary or building; "site coverage" means that part of an allotment, which is covered by buildings, expressed as a percentage of the area of the allotment; r. 105 -- 14 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 6 "Standards New Zealand" is the trading arm of the Standards Council within the meaning of the Standards Act 1988 of New Zealand; "street" includes road, highway, carriageway, lane, footway, square, court, alley and right of way; "street alignment" means the line between a street and an allotment; "sewerage authority" means— (a) in relation to the metropolis under the Melbourne and Metropolitan Board of Works Act 1958, the Melbourne Water Corporation; and (b) in relation to a sewerage district under the Water Act 1989, the Authority for that district under that Act; "the Act" means the Building Act 1993; "water supply authority" means, in relation to a water district under the Water Act 1989, the Authority for that district under that Act; "window" includes roof skylight, glass panel, glass brick, glass louvre, glazed sash, glazed door, translucent sheeting and any other building material which transmits natural light directly from outside a building into a room. 106. Use of BCA terms Subject to the Act and to regulation 105, words and expressions used in these Regulations have the same meanings as they have in the BCA. r. 106 -- 15 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 7 107. Numerical values The numerical values prescribed in these Regulations must be applied subject to tolerances according to any appropriate code, standard, rule, specification or provision adopted by reference in these Regulations, or normal trade practice, or good practice, as the case requires. 108. Use of buildings In these Regulations any reference to the purpose for which a building is used includes the purpose for which it is intended to be used. Division 2—Building Code of Australia 109. Building Code of Australia The BCA is adopted by and forms part of these Regulations as modified by this Part. 110. Accreditation authority In the definition of Certificate of Accreditation in the BCA, a State or Territory accreditation authority means the Building Regulations Advisory Committee. 111. Certificates under the BCA (1) Clause A2.2 of Volume One of the BCA applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building practitioner under section 238 of the Act complying with regulation 1505 or 1506 (as the case requires). (2) Clause 1.2.2 of Volume Two of the BCA applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building practitioner under section 238 of the Act complying with regulation 1505 or 1506 (as the case requires). r. 107 -- 16 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 8 112. Classification of buildings (1) For the purposes of these Regulations, buildings must be classified as set out in the BCA. (2) If there is any doubt as to the classification of a building under the BCA, the relevant building surveyor must classify the building as belonging to the class it most closely resembles. 113. Fire performance requirements—alternative solutions Despite anything to the contrary in the BCA, a relevant building surveyor must not determine that an alternative solution complies with a fire performance requirement of the BCA unless the relevant building surveyor— (a) either— (i) holds the Graduate Certificate in Performance Based Building and Fire Codes from Victoria University of Technology; or (ii) holds a qualification that the Building Practitioners Board considers is equivalent to that Certificate; or (b) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or (c) relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, which states that the alternative solution complies with that performance requirement; or r. 112 -- 17 of 207 -- Part 1—Preliminary Building (Interim) Regulations 2005 S.R. No. 51/2005 9 (d) relies on a determination of the Building Appeals Board under section 160A of the Act that the alternative solution complies with that performance requirement; or (e) relies on a Certificate of Accreditation issued by the Building Regulations Advisory Committee which states that the alternative solution complies with that performance requirement; or (f) relies on a Certificate of Conformity issued by the Australian Building Codes Board which states that the alternative solution complies with that performance requirement; or (g) relies on a report of the chief officer under regulation 309, which states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that alternative solution. __________________ r. 113 -- 18 of 207 -- Part 2—Owner Builders Building (Interim) Regulations 2005 S.R. No. 51/2005 10 PART 2—OWNER BUILDERS 201. Information to be contained in application for certificate of consent For the purposes of section 25C(2)(a) of the Act, an application for a certificate of consent must contain the following information— (a) the address of the land on which the domestic building work is to be carried out; (b) the name, address and telephone number of the owners of the land; (c) the number and class of existing buildings on the land; (d) a description of the proposed domestic building work, including the class of building that the work relates to and the proposed use of the building; (e) if the applicant is not the owner of the land, or if there is more than one owner of the land, a statement by the applicant to the effect that all owners are aware of the application and have authorised the applicant to make the application; (f) details of whether or not any building permit of the type described in section 25E(1)(e), 25E(1)(f) or 25E(1)(g) has been issued in the previous 3 years; (g) details, if applicable, of any ground upon which the applicant believes that special circumstances exist for the purposes of section 25E(4) of the Act. r. 201 -- 19 of 207 -- Part 2—Owner Builders Building (Interim) Regulations 2005 S.R. No. 51/2005 11 202. Application fee for certificate of consent For the purposes of section 25C(2)(c)(iii) of the Act, the application fee for the issue of a certificate of consent is $75. 203. Information to be contained in certificate of consent For the purposes of section 25G of the Act, a certificate of consent must contain the following information (a) the date of issue of the certificate; (b) a description of the proposed domestic building work that the certificate relates to; (c) the address of the land on which the domestic building work is to be carried out; (d) the names of all owners of the land. 204. Register of certificates of consent For the purposes of section 25H(2) of the Act, the register of certificates of consent kept by the Registrar of the Building Practitioners Board must contain the following information (a) the address of the land on which the domestic building work is to be carried out; (b) the name, address and telephone number of the owners of the land; (c) the number and class of existing buildings on the land; (d) in respect of the proposed domestic building work— (i) the class of building that the work relates to; (ii) the proposed use of the building; r. 202 -- 20 of 207 -- Part 2—Owner Builders Building (Interim) Regulations 2005 S.R. No. 51/2005 12 (e) if the applicant is not the owner of the land, the name, address and telephone number of the applicant; (f) the date of issue of the certificate of consent. __________________ r. 204 -- 21 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 13 PART 3—BUILDING PERMITS Division 1—Applications 301. Applications for building permits (1) An application for a building permit may be in accordance with Form 1. (2) The prescribed information to be contained in the application is the information set out in Form 1 (other than the notes). (3) An application for a building permit must contain sufficient information to show that the building work will comply with the Act and these Regulations and the relevant provisions of this Part. 302. Application for permit to construct building (1) An application for a building permit to construct a building must be accompanied by— (a) 3 copies of drawings showing the plan at each floor level, elevations, sections, dimensions, the sizes and locations of structural members to a scale of not less than 1:100, together with any details that are necessary to show compliance to a scale of not less than 1:20, or other approved scales; and (b) 3 copies of specifications describing materials and methods to be used in the construction; and (c) 3 copies of allotment plans to a scale of not less than 1:500 or other approved scale showing the matters set out in sub- regulation (2); and r. 301 -- 22 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 14 (d) a statement of the use or intended use of all buildings shown on allotment plans; and (e) a copy of any computations or reports necessary to demonstrate that the building will, if constructed in accordance with the computations and reports, comply with the Act and these Regulations. (2) The matters to be shown on an allotment plan are— (a) the boundaries and dimensions of the allotment and any relevant easements; and (b) the distance to the nearest intersecting street; and (c) the position and dimensions of the proposed building and its relationship to— (i) the boundaries of the allotment; and (ii) any existing building on the allotment; and (iii) any part of a building or land on an adjoining allotment where necessary to show compliance with the Act and these Regulations; and (d) the levels of the allotment, the floors of the building, street drainage channel and stormwater drain; and (e) the layout of drains to the point of discharge on the allotment together with details necessary to show compliance with the Act and these Regulations; and (f) the location, dimensions and area of impermeable surfaces covering the allotment if necessary for the purposes of regulation 412; and r. 302 -- 23 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 15 (g) the location and dimensions of car parking spaces for the purposes of regulation 413; and (h) the location, dimensions and area of private open space for the purposes of regulation 421. (3) An application for a building permit to construct a building must also be accompanied by any additional copies of the documents set out in sub- regulation (1) that the building surveyor reasonably requires. 303. Application for permit to alter an existing building An application for a building permit to alter an existing building must include copies of drawings and allotment plans that clearly differentiate between the existing building and the proposed building work for which a building permit is sought. 304. Application for permit to demolish, remove building (1) An application for a building permit to demolish or remove a building must be accompanied by 3 copies of— (a) an outline and a description of the building or part of the building to be demolished or removed; and (b) an allotment plan showing the location of— (i) the building in relation to the boundaries of the allotment and adjoining buildings; and (ii) other buildings on the allotment; and (iii) streets, footpaths or crossings adjoining the allotment; and r. 303 -- 24 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 16 (c) if a part only of the building is to be demolished or removed, computations or other information to show that the remainder of the building will comply with the Act and these Regulations either as it remains after the proposed demolition or removal takes place or after other works are undertaken; and (d) information showing the position and description of hoardings, allotment boundaries, barricades, temporary crossings, protective awnings and outriggers; and (e) a written description of the demolition or removal procedure; and (f) evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the demolition operations. (2) An application for a building permit to demolish or remove a building must also be accompanied by any additional copies of the documents set out in sub-regulation (1) that the relevant building surveyor reasonably requires. 305. Additional information to accompany application for permit to construct or alter Without limiting any of his or her powers under the Act, the relevant building surveyor may also require the following additional information to be submitted in relation to an application for a building permit to construct a building— (a) details of measures for the protection of the public under regulation 604; and r. 305 -- 25 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 17 (b) documentary evidence to support the use of a material, form of construction or design in a form referred to in clause A2.2 of Volume One of the BCA or clause 1.2.2 of Volume Two of the BCA; and (c) a survey plan of existing site conditions prepared by a licensed surveyor; and (d) if the allotment is under the Transfer of Land Act 1958, a copy of the certificate of title to the allotment; and (e) evidence of ownership of the allotment or evidence that a contract has been entered into pursuant to section 9AA of the Sale of Land Act 1962 in respect of the allotment; and (f) evidence that each building practitioner to be engaged in, or to carry out, the building work holds a building practitioner's certificate issued by the Building Practitioners Board under the Act or is an architect registered under the Architects Act 1991 or is an insured architect (as the case requires); and (g) details as to whether the allotment is in an area— (i) that is liable to flooding within the meaning of regulation 802; or (ii) that is designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or (iii) that is a designated bushfire prone area determined under regulation 804; or (iv) that is an area determined under regulation 805 to be likely to be subject to significant snowfalls; or (v) that is designated land or works within the meaning of regulation 806; and r. 305 -- 26 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 18 (h) details as to whether an approved building envelope within the meaning of Part 4 applies to the allotment or to an adjoining allotment; and (i) details as to whether any regulation in Division 2 of Part 4 or regulation 424 applies to the construction of a building on the allotment. 306. Exemption for stage of building work The relevant building surveyor may exempt an application for a building permit in respect of a stage of building work from any requirement of regulations 302 to 305 which the relevant building surveyor considers is not necessary or not appropriate to that stage. 307. Time limits—applications for building permits The time limits set out in Schedule 3 apply in relation to applications for building permits. Division 2—Reporting Authorities 308. Prescribed reporting authorities and prescribed matters (1) For the purposes of an application for a building permit the following are prescribed reporting authorities— (a) the chief officer; (b) a council; (c) an electricity supply authority. (2) For the purposes of an application for a building permit— (a) a matter set out in column 2 of Part 1 of Schedule 4 is a prescribed matter in relation to the chief officer; r. 306 -- 27 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 19 (b) a matter set out in column 2 of Part 2 of Schedule 4 is a prescribed matter in relation to a council; (c) a matter set out in column 2 of Part 3 of Schedule 4 is a prescribed matter in relation to an electricity supply authority. 309. Report and consent required for fire safety matters (1) The report and consent of the chief officer must be obtained to an application for a building permit which involves any of the following fire safety matters if those matters do not meet the deemed- to-satisfy provisions of the BCA— (a) fire hydrants; (b) fire hose reels; (c) fire control centres or fire control rooms; (d) fire precautions during construction; (e) fire mains; (f) control valves; (g) booster assemblies; (h) emergency vehicle access; (i) fire indicator panels; (j) proscenium curtain drencher system. (2) In a report under sub-regulation (1), the chief officer may consent to a variation of the requirements of the BCA if the chief officer is satisfied that a satisfactory degree of fire safety is achieved. 310. Report and consent for building over easements (1) The report and consent of a service authority must be obtained to an application for a building permit to construct a building over an easement vested in that service authority. r. 309 -- 28 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 20 (2) This regulation does not apply to implied easements under the Subdivision Act 1988. (3) In this regulation "service authority" means— (a) a council; (b) a drainage authority; (c) the relevant electricity supply authority; (d) the relevant gas supply authority; (e) a sewerage authority; (f) a water supply authority. 311. Electricity sub-stations (1) If an application is made for a building permit for the construction of a building, the relevant building surveyor may require a report from the relevant electricity supply authority as to whether an electricity sub-station is necessary on the allotment and, if so, the size and location of the sub-station. (2) This regulation does not apply to the construction of a Class 1 or 10 building. 312. Maximum fee for demolition report and consent The maximum fee payable for the consideration by a reporting authority under section 29A of the Act of an application for a building permit is $50. Division 3—Building Permits 313. Issue of building permit (1) A building permit must be in the form of Form 2. (2) A building permit must be signed by the relevant building surveyor. r. 311 -- 29 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 21 (3) The relevant building surveyor must include on the building permit— (a) the time limits for commencement and completion of the building work in accordance with regulation 316; and (b) the mandatory notification stages for that building work in accordance with regulation 901. 314. Building surveyor to forward details of fire sprinklers to chief officer When a building permit is issued which involves the installation of fire sprinklers and the installation does not meet the deemed-to-satisfy provisions of the BCA the relevant building surveyor must forward details of the installation to the chief officer. 315. Building surveyor to provide copy of permit (1) When a building permit is issued, the relevant building surveyor must forward to the applicant with the building permit— (a) a copy of the permit; and (b) 2 copies of the plans, specifications and other documents (except for computations or reports) lodged with the application (whether or not with amendments) with evidence of approval stamped and endorsed on them. (2) When a building permit is issued to a person other than the owner of the allotment, the relevant building surveyor must also forward a copy of the permit to the owner. r. 314 -- 30 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 22 316. Commencement and completion of work (1) If a building permit is issued the building work— (a) must commence— (i) in the case of the re-erection of a Class 1 or 10 building within 6 months of the date of issue of the building permit; and (ii) in any other case within 12 months of the date of issue of the building permit; and (b) must be completed— (i) within 6 months after the building work commences in the case of a swimming pool or spa, or any barrier or safety equipment associated with a swimming pool or spa; or (ii) within 24 months of the date of issue of the building permit in the case of any other Class 1 or 10 building; or (iii) within 12 months of the date of issue of the building permit in the case of a permit to re-erect a building; or (iv) within 36 months of the date of issue of the building permit in any other case. (2) If a building permit is issued for a stage of building work a reference in sub-regulation (1)(b) to the issue of a permit is deemed to be a reference to the issue of the building permit for the first stage of the building work. (3) A building permit lapses if the building work authorised by that permit has not commenced or is not completed within the periods specified in sub- regulation (1). r. 316 -- 31 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 23 (4) The relevant building surveyor may extend the period within which any building work is required to be commenced or completed under sub- regulation (1) prior to the lapse of the permit if the relevant building surveyor considers that the extent of the building work warrants an extension. 317. Applicant to make documents, permit available An applicant for a building permit must provide a copy of the permit and one set of any approved plans, specifications and documents relating to that permit to the person who is in charge, or is to be in charge, of carrying out the building work, unless that person is the applicant. 318. Provision and display of permit information (1) A person who is in charge of the carrying out of building work on an allotment must take all reasonable steps to ensure that a copy of the building permit and one set of any approved plans, specifications and documents relating to that permit are available for inspection at the allotment concerned while the building work for which the building permit was issued is in progress. Penalty: 10 penalty units. (2) A person who is in charge of the carrying out of building work on an allotment must— (a) take all reasonable steps to ensure that— (i) the registration numbers and contact details of the builder and building surveyor; and (ii) the number of the relevant building permit and the date of issue of the permit— are displayed on the allotment in a conspicuous position accessible to the public prior to the commencement of building work r. 317 -- 32 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 24 (including demolition or removal of a building on the allotment); and (b) take all reasonable steps to ensure that a copy of that information continues to be so displayed and remains visible and legible for the duration of the building work to which the permit applies. Penalty: 10 penalty units. 319. Owner to notify change of owner or builder An owner of a building or land for which a building permit has been issued must notify the relevant building surveyor within 14 days after any change in the name or address of the owner or of the builder carrying out the building work. Penalty: 10 penalty units. Division 4—Duties of Building Surveyor 320. Documents to be given to council (1) The following documents are prescribed for the purposes of section 30(1A) of the Act— (a) a notice given to the relevant building surveyor under section 25A(1) of the Act; (b) a notice given to the relevant building surveyor under section 25A(2) of the Act; (c) a notice given to the relevant building surveyor under section 25A(3) of the Act; (d) a notice served on the relevant building surveyor under section 84 of the Act; (e) a notice given to the relevant building surveyor under section 85 of the Act; (f) a determination of the relevant building surveyor under section 87 of the Act; r. 319 -- 33 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 25 (g) a determination of the Building Appeals Board; (h) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA together with any computations or reports relied upon by the relevant building surveyor in making the determination; (i) a report and consent of a reporting authority referred to in regulation 308; (j) a determination of the municipal building surveyor or a private building surveyor under regulation 502; (k) an exemption given by the municipal building surveyor or a private building surveyor under regulation 503; (l) a document setting out any requirement of the relevant building surveyor under regulation 604 to take precautions to protect the safety of the public; (m) a consent of the relevant building surveyor under regulation 608; (n) a consent of the relevant building surveyor under regulation 609; (o) an exemption given by the municipal building surveyor or a private building surveyor under regulation 1011; r. 320 -- 34 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 26 (p) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 305. Note: The documents required to be given to the relevant council by the relevant building surveyor under regulation 320(1) are in addition to the documents that he or she must give to the council under section 30(1) of the Act. (2) The prescribed time for the purposes of section 30(1A) of the Act is 7 days after the issue of the building permit. 321. Lodgement fees For the purposes of section 30(2) of the Act and clause 1(d) of Schedule 2 to the Act, the prescribed lodgement fee for building work with a cost of $5000 or more is— (a) in the case of building work for a Class 1a or 10 building, $15; and (b) in the case of any other building work, $30. 322. Building permit levies If the relevant building surveyor receives an amount of levy under section 201 of the Act in respect of an application for a building permit the relevant building surveyor must— (a) record the date and amount of levy received; and (b) within 7 days after the end of each month pay into the Building Administration Fund all amounts of levy received for building permits issued during that month and forward to the Commission a form signed and completed to the effect of Form 3. r. 321 -- 35 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 27 323. Permit details A relevant building surveyor must within 7 days after the end of each month forward to the Commission in a form signed and completed to the effect of Form 4— (a) details of permits issued by that relevant building surveyor during that month; and (b) details to the knowledge of the relevant building surveyor of any building work that is commenced or is completed or abandoned during that month or any building permit that lapses during that month. 324. Guarantees and bonds (1) The prescribed circumstances for the purposes of section 22 of the Act are the demolition, removal or re-erection of a building. (2) The amount of the bond or guarantee referred to in section 22 of the Act— (a) in the case of the demolition or removal of a building, must not exceed the lesser of— (i) the estimated cost of carrying out the work authorised by the building permit; or (ii) $100 for every 1 m2 of floor area of the building; and (b) in the case of the re-erection of a building, must not exceed the lesser of— (i) the estimated cost of carrying out the work authorised by the building permit; or (ii) $5000. r. 323 -- 36 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 28 Division 5—Duties of Council 325. Period that documents must be kept (1) If a council is required to keep documents under the Act or these Regulations or any corresponding previous regulations in relation to building permits and applications for building permits, the documents must be kept as follows— (a) in their original form for not less than 10 years from the date of issue of the occupancy permit or certificate of final inspection; and (b) after that period in their original form or in any other manner specified by the Keeper of Public Records (within the meaning of the Public Records Act 1973) until the building is demolished or removed from the allotment. (2) If an occupancy permit or certificate of final inspection has not been issued in respect of a building or building work a period referred to in sub-regulation (1) begins on the date of issue of the building permit for the building or work. (3) Sub-regulation (1)(b) does not apply in respect of a Class 1a or 10 building if the occupancy permit or certificate of final inspection was issued before 14 June 2005. Note: The Public Records Act 1973 also imposes requirements on the keeping of public records. r. 325 -- 37 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 29 326. Council to make documents available On the request of an owner or mortgagee of the building or land, or a person authorised in writing by an owner or mortgagee of a building or land, the relevant council must provide the person making the request with a copy of any documents submitted with an application for a building permit in respect of the building or land. 327. Requests for information (1) Any person may request the relevant council to provide in respect of any building or land— (a) details of any permit or certificate of final inspection issued in the preceding 10 years; and (b) details of any statement issued under regulation 502 or 503 of these Regulations, or current notice, order, statement or certificate issued under these Regulations or the Act, or the Building Regulations 1994; and (c) details as to whether the building or land is in an area— (i) that is liable to flooding within the meaning of regulation 802; or (ii) that is designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or (iii) that is a designated bush fire prone area determined under regulation 804; or (iv) that is an area determined under regulation 805 to be likely to be subject to significant snowfalls; or (v) of designated land or works within the meaning of regulation 806; and r. 326 -- 38 of 207 -- Part 3—Building Permits Building (Interim) Regulations 2005 S.R. No. 51/2005 30 (d) details as to whether an approved building envelope within the meaning of Part 4 applies to the allotment or to an adjoining allotment; and (e) details as to whether any regulation in Division 2 of Part 4 or regulation 424 applies to the construction of a building on the allotment. (2) An owner or mortgagee of a building or land, or a prescribed building practitioner under section 137B of the Act, may request the relevant council to provide inspection approval dates of the mandatory notification stages for building work carried out on that building or land. 328. Fees for requests for information The fee for the provision of information under regulation 327(1) or 327(2) is $30. __________________ r. 328 -- 39 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 31 PART 4—SITING Division 1—Introduction 401. Application (1) This Part is subject to section 11 of the Act. (2) A regulation in this Part does not apply to the construction of a building if— (a) a planning permit is required for the construction of that building; and (b) the relevant planning scheme regulates the same matter as that regulation in relation to the siting of that building. (3) Section 188A of the Act applies to applications for building permits to which this Part applies. 402. Definitions In this Part— "approved building envelope" means documented design parameters that deal with a siting matter regulated under this Part that— (a) are in a planning permit for the subdivision of land issued under the Planning and Environment Act 1987 on or after 1 July 1994; and (b) are— (i) in an agreement made under section 173 of the Planning and Environment Act 1987 that is recorded on the register under the Transfer of Land Act 1958 in relation to the relevant allotment; or r. 401 -- 40 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 32 (ii) shown as a restriction (on a plan of subdivision certified under the Subdivision Act 1988) that is recorded on the register under the Transfer of Land Act 1958 in relation to the relevant allotment; "fence" includes— (a) a screen; or (b) a structure similar to a fence. 403. References to planning schemes A reference in this Part or Schedule 5 to a planning scheme is a reference to a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is in force from time to time. 404. What is an existing building? In this Part, a reference to an existing building (including an existing dwelling) in relation to an adjoining allotment, is a reference to any part of a building on the adjoining allotment— (a) that was in existence in its current form before 1 July 1994 (unless it had not been completed before that date); or (b) for which there is an occupancy permit that has been given to the relevant council; or (c) for which there is a certificate of final inspection that has been given to the relevant council (but only if that part of the building can be occupied without the need for any further certificate of final inspection); or (d) that has been completed (but only if that part of the building can be occupied without the need for an occupancy permit or a certificate of final inspection). r. 403 -- 41 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 33 405. What is a single dwelling? For the purposes of the definition of "single dwelling" in section 188A of the Act, a Class 1 building and a Class 10 building associated with a Class 1 building are specified classes of building. 406. Exception concerning approved building envelopes (1) The report and consent of the relevant council is not required in relation to a design in respect of an allotment where the design does not comply with a regulation in this Part if— (a) an approved building envelope applies to the allotment and deals with a siting matter that is regulated by that regulation; and (b) the design of the building is consistent with all the siting matters dealt with by the approved building envelope that are regulated by this Part. (2) If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, sub-regulation (2) does not apply to regulations 414, 415, 416, 417, 418, 419, 425, 426, 428, 429 and 430 to the extent that they relate to that adjoining allotment. Division 2—Single Class 1 Buildings and Associated Class 10 Buildings 407. Application of Division This Division applies to the construction of a single Class 1 building and associated Class 10a buildings on an allotment. r. 405 -- 42 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 34 408. Maximum street setback (1) A new Class 1 building, other than an alteration, must not be set back from the front street alignment more than one-third of the depth of the allotment. (2) This regulation does not apply to an allotment equal to or greater than 0⋅40469ha. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 409. Minimum street setbacks (1) If— (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a setback from a street alignment— a building on that allotment must be set back from a street alignment not less than the relevant setback specified in respect of that street alignment in the Schedule to that zone in the planning scheme. (2) If sub-regulation (1) does not apply, a building must be set back from a street alignment not less than the distance specified in respect of that alignment in Table 409. r. 408 -- 43 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 35 TABLE 409—STREET SETBACKS Adjoining development context Minimum setback from front street alignment Minimum setback from a side street alignment Existing dwellings on adjoining allotments facing the same street The average distance of the setbacks of the front walls of the existing buildings on the adjoining allotments facing the front street, or 9m, whichever is the lesser Not applicable Existing dwelling on one adjoining allotment facing the same street and no building on the other adjoining allotment facing the same street The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the same street, or 9m, whichever is the lesser Not applicable No existing dwellings on adjoining allotments facing the same street 6m for a building facing a declared road 4m for a building facing any other street Not applicable Corner allotment If there is a building on the adjoining allotment facing the same street The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the front street, or 9m, whichever is the lesser The same distance as the setback of the front wall of the existing building on the adjoining allotment facing the side street or 2m, whichever is the lesser Corner allotment If there is no building on the adjoining allotment facing the same street 6m for a building facing a declared road 4m for a building facing any other street 2m r. 409 -- 44 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 36 (3) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 2·5m— (a) porches, verandahs and pergolas that have a maximum height of less than 3·6m above natural ground level; (b) eaves, fascia and gutters; (c) sunblinds and shade sails; (d) screens referred to in regulation 419(5)(d) or 419(6); and (e) decks, steps or landings less than 800mm in height. (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design, which does not comply with this regulation. (5) In this regulation "street" does not include lane, footway, alley or right of way. (6) For the purposes of this regulation, an allotment does not adjoin another allotment if its boundary only touches the boundary of the other allotment at one point (for example, at a corner). 410. Building height (1) If— (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a maximum height for buildings— the height of a building on that allotment must not exceed the relevant height specified in the Schedule to that zone in the planning scheme. r. 410 -- 45 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 37 (2) If sub-regulation (1) does not apply, the height of a building must not exceed— (a) 10m if the slope of the natural ground level at any cross section of the site of the building that is wider than 8m is 2·5° or more; and (b) 9m in any other case. (3) If a wall is constructed in accordance with regulation 415, and despite regulation 414, any part of the building on the allotment that is within 1m of a side or rear boundary and that is adjacent to the wall must be constructed so as not to exceed the height formed by a line that connects— (a) any point at the top of the wall; and (b) any point at a height of 3·6m at a setback of 1m from the boundary. (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 411. Site coverage (1) If— (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a maximum site coverage for buildings— buildings must not occupy more of the allotment than the site coverage specified in the Schedule to that zone in the planning scheme. (2) If sub-regulation (1) does not apply, buildings must not occupy more than 60% of an allotment. r. 411 -- 46 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 38 (3) When calculating site coverage under sub- regulation (1) or (2), eaves, fascia and gutters not exceeding 600mm in total width, unroofed swimming pools, unroofed terraces, unroofed patios, unroofed decks and pergolas may be disregarded. (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 412. Permeability (1) If a building is to be constructed on an allotment, not more than 80% of the area of the allotment can be covered by impermeable surfaces. (2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 413. Car parking (1) If a new Class 1 building is to be constructed on an allotment, provision must be made for 2 car parking spaces on the allotment that are accessible from the street. (2) Of the 2 car parking spaces— (a) one space must be at least 6m long and 3·5m wide; and (b) the second space must be at least 4·9m long and 2·6m wide. (3) A building may project into a car parking space if it is at least 2·1m above that space. (4) Despite sub-regulation (2), if the 2 required car parking spaces adjoin each other in a garage or carport or in a space constrained by walls, the double space may be 5·5m in width. r. 412 -- 47 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 39 (5) An alteration to a building on an allotment must not reduce the number of car parking spaces on the allotment unless there are more than 2 in which case the number may be reduced to 2. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 414. Side and rear setbacks (1) If— (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies minimum setbacks from side and rear boundaries— a building on the allotment must be set back from a side or rear boundary not less than the relevant setback specified in the Schedule to that zone in the planning scheme. (2) If sub-regulation (1) does not apply, a building must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 414. TABLE 414—SIDE AND REAR SETBACKS Building height at any point Minimum setback from side or rear boundary at that point 3⋅6m or less 1m More than 3·6m but not more than 6·9m 1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3·6m More than 6·9m 2m plus an additional distance calculated at the rate of 1m for every metre of height over 6·9m r. 414 -- 48 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 40 (3) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 500mm— (a) porches and verandahs; (b) masonry chimneys; (c) sunblinds; (d) screens referred to in regulation 419(5)(d) or 419(6); (e) flues and pipes; (f) domestic fuel tanks and water tanks; (g) heating and cooling equipment and other services. (4) The following may encroach into the setback distance required by sub-regulation (1) or (2)— (a) landings with an area of not more than 2m2 and less than 1m high; (b) unroofed stairways and ramps; (c) pergolas; (d) shade sails; (e) eaves, fascia, gutters not more than 600mm in total width; (f) carports (subject to regulation 415). (5) This regulation does not apply to a wall that complies with regulation 415. r. 414 -- 49 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 41 (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note: The following diagram illustrates the operation of aspects of regulation 414. Regulation 414: Side and Rear Setbacks 415. Walls on boundaries (1) This regulation applies to the construction of— (a) a wall on or within 150mm of a side or rear boundary of an allotment; or (b) a carport constructed on or within 1m of a side or rear boundary of an allotment and which is open on the side facing the boundary or boundaries. (2) The length of the wall, or of the carport, or of the wall and carport, must not, either by itself or when combined with the length of any existing wall or carport, exceed the greater of the following lengths— r. 415 -- 50 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 42 (a) 10m plus 25% of the remaining length of the boundary of an adjoining allotment; or (b) the length of any existing wall or carport constructed on an adjoining allotment which is within 150mm of the boundary of that allotment if the proposed construction abuts the existing wall or carport. (3) The wall or carport must not exceed— (a) an average height of 3m; and (b) a maximum height of 3·6m. (4) Despite sub-regulation (3), if the wall or carport abuts an existing wall or carport it may be constructed to the same height as that wall or carport. (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 416. Daylight to existing habitable room windows (1) A building must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3m2 and a minimum dimension of 1m clear to the sky. (2) The area of the light court required under sub- regulation (1) may include land on the adjoining allotment. (3) A wall or carport with an average height of more than 3m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the wall or carport if the wall or carport is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window. r. 416 -- 51 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 43 (4) For the purposes of sub-regulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window. (5) If the window referred to in sub-regulation (3) is above ground floor level, then for the purposes of that sub-regulation, the wall or carport height is to be measured from the floor level of the room containing the window. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note: The following diagram illustrates the operation of aspects of regulation 416(3). Regulation 416: Daylight to existing windows Regulation 416(3) r. 416 -- 52 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 44 417. Solar access to existing north-facing windows (1) This regulation applies if— (a) a building is to be constructed on an allotment; and (b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the building is to be constructed; and (c) the window is orientated towards the boundary. (2) The proposed building must be set back from the boundary not less than the distance specified in Table 417 for a distance of 3m from each side of the window or that part of the window that is within 3m of the boundary. TABLE 417—SETBACKS FROM NORTH-FACING WINDOWS Building height at any point Minimum setback from side or rear boundary at that point 3⋅6m or less 1m More than 3·6m but not more than 6·9m 1m plus an additional distance calculated at the rate of 600mm for every metre of height over 3·6m More than 6·9m 3m plus an additional distance calculated at the rate of 1m for every metre of height over 6·9m (3) For the purposes of sub-regulation (1), a north- facing window is a window with an axis perpendicular to its surface oriented north 20° west to north 30° east. (4) In this regulation "north" means true north. r. 417 -- 53 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 45 (5) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 500mm and to a height not exceeding 2·5m— (a) flues and pipes; (b) domestic fuel tanks and water tanks; (c) heating and cooling equipment and other services. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Note: The following diagram illustrates the operation of aspects of regulation 417. Regulation 417: Solar access to existing north-facing habitable room windows r. 417 -- 54 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 46 418. Overshadowing of recreational private open space (1) A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under sub-regulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (4) In this regulation the required minimum area of a recreational private open space is the lesser of— (a) 75% of the recreational private open space; and (b) 40m2 with a minimum dimension of 3m. (5) In this regulation "recreational private open space" means any part of private open space on an allotment— (a) which is— (i) at the side or rear of an existing dwelling on the allotment; or (ii) within the front setback of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5m high and r. 418 -- 55 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 47 that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. 419. Overlooking (1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment. (2) In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1·7m above the floor level of the habitable room and contained within the space enclosed by— (a) a vertical plane measured at an angle of 45° from each side of the window; and (b) a horizontal plane 1·7m above the floor level of the habitable room; and (c) the ground level below; and (d) a horizontal distance of 9m from the window. (3) In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 1·7m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building. (4) In the case of a secluded private open space, the horizontal distance of 9m referred to in sub- regulation (2)(d) or (3) is to be measured at ground level. r. 419 -- 56 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 48 (5) A habitable room window complies with this regulation if— (a) in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 1·5m from the edge of one window to the edge of the other; or (b) it has a sill height at least 1·7m above floor level; or (c) it has obscure glazing in any part of the window below 1·7m above floor level; or (d) the direct line of sight is obscured by a permanent and fixed screen that has no more than 25% of its area open. (6) A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25% of its area open. (7) A window referred to in sub-regulation (5)(c) may be able to be opened provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in sub- regulation (1). (8) This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if— (a) there is a visual barrier at least 1·8m high at the boundary; and (b) the floor level of the room or the raised open space is less than 800mm above ground level at the boundary. r. 419 -- 57 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 49 (9) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (10) In this regulation— "raised open space" means a landing with an area of more than 2m2 , a balcony, a terrace, a deck or a patio; "secluded private open space" means any part of private open space on an allotment— (a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. 420. Daylight to habitable room windows (1) A habitable room window of a building on an allotment must face— (a) an outdoor space or light court with a minimum area of 3m2 and minimum dimension of 1m clear to the sky, not including land on an adjoining allotment; or (b) a verandah on the allotment if it is open for at least one third of its perimeter; or (c) a carport on the allotment if— (i) it has 2 or more sides open; and (ii) it is open for at least one third of its perimeter. r. 420 -- 58 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 50 (2) For the purposes of sub-regulation (1), a side of a carport or verandah may be taken to be open if the roof covering of the carport or verandah adjacent to that side is not less than 500mm from another building on the allotment or the adjoining allotment boundary. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 421. Private open space (1) If— (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a minimum area and dimension for private open space— a Class 1 building on that allotment must have private open space of at least the area and dimension specified in the Schedule to that zone in the planning scheme. (2) If sub-regulation (1) does not apply, a Class 1 building on an allotment must have private open space of not less than 80m2 or 20% of the area of the allotment, whichever is the lesser. (3) For the purposes of this regulation, the private open space must include an area at the side or rear of the building— (a) that is at least 25m2 with a minimum dimension of 3m; and (b) that has convenient access from a habitable room (other than a bedroom). r. 421 -- 59 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 51 (4) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. Division 3—Siting of Class 10a buildings 422. Siting of Class 10a buildings (1) Unless otherwise approved under the Subdivision Act 1988 or any corresponding previous enactment, a Class 10a building must be on the same allotment as a building of another class to which it is appurtenant. (2) The report and consent of the relevant council must be obtained to an application for a building permit for the construction of a building that does not comply with sub-regulation (1). Division 4—Class 10b Buildings 423. Application of Division This Division applies to the construction of Class 10b buildings on an allotment. 424. Front fence height (1) If— (a) an allotment is in a zone of a planning scheme specified in Schedule 5; and (b) the Schedule to that zone in the planning scheme specifies a maximum height for a fence, or part of a fence, that is within 3m of the street alignment at the front of an allotment— the height of a fence, or part of a fence, that is within 3m of the street alignment at the front of that allotment must not exceed the relevant r. 422 -- 60 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 52 maximum height specified in the Schedule to that zone in the planning scheme. (2) If sub-regulation (1) does not apply, the height of a fence, or part of a fence, that is within 3m of the street alignment at the front of that allotment must not exceed the relevant maximum height specified in Table 424. TABLE 424—FRONT FENCE HEIGHTS Street type Maximum fence height A declared road 2m Any other street 1⋅5m (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 425. Fence setbacks from side and rear boundaries (1) A fence exceeding 2m in height associated with a dwelling must be set back from a side or rear boundary (including a boundary that is a side or rear street alignment) not less than the distance specified in respect of that boundary in Table 425. TABLE 425—SIDE AND REAR SETBACKS Fence height at any point Minimum setback from side or rear boundary at that point More than 2⋅0m but not more than 3⋅6m 1m More than 3·6m but not more than 6·9m 1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3·6m More than 6·9m 2m plus an additional distance calculated at the rate of 1m for every metre of height over 6·9m r. 425 -- 61 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 53 (2) This regulation does not apply to a fence that complies with regulation 426. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 426. Fences on or within 150mm of side or rear boundaries (1) The total length of fences that are associated with a dwelling and that are more than 2m in height and that are constructed on, or within 150mm of, a side or rear boundary of an allotment, when combined with the length of any wall, or carport, or wall and carport constructed in accordance with regulation 415(2) must not exceed the greater of the following lengths— (a) 10m plus 25% of the remaining length of the boundary of the allotment; or (b) the length of any wall or carport constructed on an adjoining allotment that is on or within 150mm of the boundary of that allotment and that abuts those fences. (2) A fence constructed on or within 150mm of a side or rear boundary of an allotment in accordance with this regulation must not exceed— (a) an average height of 3m; and (b) a maximum height of 3·6m along the boundary. (3) Despite sub-regulation (2), if a fence abuts an existing wall it may be constructed to the same height as that wall. r. 426 -- 62 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 54 (4) This regulation does not apply to a fence if it is— (a) constructed on or within 150mm of a boundary that is a side or rear street alignment; or (b) provided to comply with regulation 419 or with a planning scheme that regulates the same matter as regulation 419 and— (i) is not more than 2·5m in height; and (ii) the part of the fence between 2·0m and 2·5m in height has between 20% and 25% of its area open. (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 427. Fences on street alignments (1) Despite regulation 425(1), the report and consent of the relevant council must be obtained to an application for a building permit to construct a fence within 9m of a point of intersection of street alignments and exceeding a height of 1m above the footpath. (2) A fence adjacent to a street alignment or public open space must not contain barbed wire or other sharp protrusions unless— (a) despite regulation 425(1), the fence is set back at least 150mm from the street alignment or boundary of the public open space; or (b) the barbed wire or other sharp protrusion is at a height of at least 2m above the level of the street or public open space. r. 427 -- 63 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 55 428. Fences and daylight to windows in existing dwelling (1) A fence more than 2m in height must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3m2 and a minimum dimension of 1m clear to the sky. (2) The area of the light court required under sub- regulation (1) may include land on the adjoining allotment. (3) A fence with an average height of more than 3m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window. (4) For the purposes of sub-regulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window. (5) If the window referred to in sub-regulation (3) is above ground floor level, then for the purposes of that sub-regulation, the fence height is to be measured from the floor level of the room containing the window. (6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. r. 428 -- 64 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 56 429. Fences and solar access to existing north-facing habitable room windows (1) This regulation applies if— (a) a fence more than 2m in height is to be constructed on an allotment; and (b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the fence is to be constructed; and (c) the window is orientated towards the boundary. (2) The proposed fence must be set back from the boundary not less than the distance specified in Table 429 for a distance of 3m from the edge of each side of the window or that part of the window that is within 3m of the boundary. TABLE 429—SETBACKS FROM NORTH-FACING WINDOWS Fence height at any point Minimum setback from side or rear boundary at that point 3.6m or less 1m More than 3·6m but not more than 6·9m 1m plus an additional distance calculated at the rate of 600mm for every metre of height over 3·6m More than 6·9m 3m plus an additional distance calculated at the rate of 1m for every metre of height over 6·9m (3) For the purposes of sub-regulation (1), a north- facing window is a window with an axis perpendicular to its surface oriented north 20° west to north 30° east. (4) In this regulation "north" means true north. r. 429 -- 65 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 57 (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. 430. Fences and overshadowing of recreational private open space (1) A fence more than 2m in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under sub- regulation (1), the amount of sunlight to that area must not be further reduced by the construction of the fence. (3) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (4) In this regulation the required minimum area of a recreational private open space is the lesser of— (a) 75% of the recreational private open space; and (b) 40m2 with a minimum dimension of 3m. r. 430 -- 66 of 207 -- Part 4—Siting Building (Interim) Regulations 2005 S.R. No. 51/2005 58 (5) In this regulation "recreational private open space" means any part of private open space on an allotment— (a) which is— (i) at the side or rear of an existing dwelling on the allotment; or (ii) within the front setback of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5m high and that has no more than 25% of its area open; and (b) which is primarily intended for outdoor recreation activities. 431. Masts, poles etc. The report and consent of the relevant council must be obtained to an application for a building permit to construct a mast, pole, aerial, antenna, chimney, flue, pipe or other service pipe which— (a) when attached to a building, exceeds a height of 3m above the highest point of the roof of the building; or (b) when not attached to a building, exceeds 8m above ground level. __________________ r. 431 -- 67 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 59 PART 5—ALLOTMENTS AND PROJECTIONS Division 1—Allotments 501. Application This Division applies to all buildings whenever constructed. 502. Combined allotments (1) The municipal building surveyor may by statement in writing determine that two or more contiguous allotments or an allotment and adjoining land can be treated as one allotment for the purposes of these Regulations. (2) In deciding whether to issue a statement under sub-regulation (1) the municipal building surveyor must take into account— (a) the structural adequacy of any building to which the statement applies; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building. (3) Land to which a statement under sub- regulation (1) applies is deemed to be an allotment for the purposes of these Regulations. (4) The municipal building surveyor may revoke a statement under sub-regulation (1) if there is a change of circumstances that would significantly affect any of the matters referred to in sub- regulation (2). r. 501 -- 68 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 60 (5) A private building surveyor may exercise the powers of the municipal building surveyor under sub-regulations (1), (2) and (4) in the case of building work for which the private building surveyor has been appointed to issue a building permit. 503. Subdivision of existing buildings (1) Subject to regulation 608 if an existing building is subdivided, each building resulting from the subdivision must be brought into conformity with these Regulations. (2) The municipal building surveyor may by statement in writing exempt a building from all or any of the requirements of sub-regulation (1). (3) In deciding to issue a statement under sub- regulation (2) the municipal building surveyor must take into account— (a) the structural adequacy of any building to which the statement applies; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building. (4) A private building surveyor may exercise the powers of the municipal building surveyor under sub-regulations (2) and (3) in the case of building work for which the private building surveyor has been appointed to issue a building permit. r. 503 -- 69 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 61 Division 2—Projections 504. Projections beyond the street alignment Except where otherwise provided in this Division, a building must not project beyond the street alignment. 505. Architectural features (1) An architectural feature or similar part of a building must not project beyond the street alignment— (a) if the street is 6m or less in width; and (b) more than 600mm in any street more than 6m but not exceeding 10m in width; and (c) more than 1·2m in any street more than 10m in width; and (d) at any height less than 2·7m above the level of the footpath; and (e) unless it is constructed of non-combustible material. (2) Despite sub-regulation (1) if a street is 6m or less in width and is without a footpath, a kerb or buffer block not more than 240mm in height above the street level may project not more than 240mm beyond the street alignment. 506. Windows and balconies (1) A window or balcony must not project beyond the street alignment— (a) more than 1m; and (b) in any street less than 10m in width; and (c) at a height less than 3m above the level of the footpath; and (d) within 1·2m of the side boundary of an adjoining allotment. r. 504 -- 70 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 62 (2) A projection referred to in sub-regulation (1) must not— (a) exceed one-half of the length of the wall of the building on the level of the floor on which the projection is made; and (b) exceed 3·7m in width. 507. Verandahs A verandah must not project beyond the street alignment— (a) unless it is set back not less than 750mm from the kerb; and (b) at a height less than 3m above the level of the footpath. 508. Sunblinds and awnings A sunblind or awning must not project beyond the street alignment— (a) more than 2·4m; and (b) at any height less than 2·4m above the level of the footpath. 509. Service pipes and rainwater heads A service pipe, rainwater head or service installation must not project beyond the street alignment— (a) more than 200mm in the case of a service pipe; and (b) more than 300mm in the case of a rainwater head or service installation; and (c) at any height less than 2·7m above the level of the footpath. r. 507 -- 71 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 63 510. Window shutters Window shutters may project not more than 50mm beyond the street alignment when in the fully open position. 511. Signs A sign or similar Class 10b structure must not project beyond the street alignment— (a) unless it is set back not less than 750mm from the kerb; and (b) at any height less than 2·7m above the level of the footpath. 512. Report and consent required (1) The report and consent of the relevant council must be obtained to an application for a building permit to construct any of the following if it projects beyond the street alignment at a different height or distance to that specified in this Division— (a) an architectural feature or similar part of a building; (b) a window; (c) a balcony; (d) a verandah; (e) a sunblind; (f) an awning; (g) a service pipe; (h) a rainwater head; r. 510 -- 72 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 64 (i) a service installation; (j) a window shutter; (k) a sign or similar Class 10b structure. (2) The relevant council may give its consent under sub-regulation (1) if it considers that this will not be detrimental to the safety of the public. (3) The report and consent of the relevant council under sub-regulation (1) need not be obtained to an application for a building permit if (a) a planning permit is required for the construction of the building; and (b) the relevant planning scheme regulates the projection beyond the street alignment. 513. Footings adjoining boundaries are permissible A footing may— (a) support a party wall; and (b) extend beyond the boundaries of a street alignment— (i) to a distance of not more than 300mm if the highest projecting part of the footing is at a depth of not less than 450mm but less than 3m below the ground level; or (ii) to a distance of not more than 1m where the highest projecting part of the footing is at a depth of 3m or more below the ground level. r. 513 -- 73 of 207 -- Part 5—Allotments and Projections Building (Interim) Regulations 2005 S.R. No. 51/2005 65 Division 3—Buildings Above or Below Certain Public Facilities 514. Buildings above or below certain public facilities (1) This Division does not apply to an item to which Division 2 applies. (2) The report and consent of the relevant council must be obtained to an application for a building permit for the construction of a building above or below a street, railway, bus terminal or similar public facility whether or not such a building is connected to other buildings. __________________ r. 514 -- 74 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 66 PART 6—BUILDING WORK Division 1—General Provisions 601. Testing of materials (1) The relevant building surveyor may require that the owner or builder carrying out building work for which a building permit has been issued arrange for the testing of any material used in the building work. (2) The relevant building surveyor may, as a result of tests carried out under sub-regulation (1), prohibit the use of any material that— (a) does not meet the requirements of these Regulations; or (b) is found to be unsuitable or unfit for the purposes for which it is intended. (3) Tests under sub-regulation (1) must be carried out by a Registered Testing Authority or an approved person or organisation. 602. Protection of adjoining property (1) Protection work must be provided in respect of an adjoining property, before and during the carrying out of any building work, if required by the relevant building surveyor. (2) The notice required to be served by the owner on the adjoining owner by section 84 of the Act may be in accordance with Form 5 and must be accompanied by 3 copies of the notice required to be given by the adjoining owner to the owner under section 85 of the Act. r. 601 -- 75 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 67 (3) For the purposes of section 84(2) of the Act— (a) the prescribed details of the proposed building work are the relevant details set out in Form 5 (other than the notes); and (b) the prescribed details of the proposed protection work are the relevant details set out in Form 5 (other than the notes); and (c) the other prescribed information is any information set out in Form 5 (other than the notes) that is not a prescribed detail under paragraph (a) or (b). (4) The notice required to be given by the adjoining owner to the owner under section 85 of the Act agreeing or disagreeing to the proposed protection work or requiring more information may be in accordance with Form 6. (5) The prescribed information to be contained in a notice under section 85 of the Act is the information set out in Form 6 (other than the notes). (6) A written notice of determination by the relevant building surveyor under section 87 of the Act must include— (a) a statement informing the recipient of the notice of any right of appeal to the Building Appeals Board under section 141 of the Act; and (b) the prescribed appeal period under regulation 1601 that applies in respect of that right of appeal. r. 602 -- 76 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 68 603. Exceptions to carrying out protection work Despite regulation 602(1), an owner is not required to carry out protection work in respect of an adjoining property before the carrying out of building work if— (a) no buildings are to be erected or building work is to be carried out or equipment is to be used on, over, under, or in the air space of the adjoining property; and (b) before commencing the building work the owner provides the relevant building surveyor with— (i) a certificate under section 238 of the Act from the engineer who designed the building work who is a registered building practitioner in the category of engineer, class of civil engineer, certifying that the structural design of the building work complies with the Act and these Regulations; and (ii) a further certificate under section 238 of the Act from an independent engineer who is a registered building practitioner in the category of engineer, class of civil engineer, certifying that the structural design of the building work complies with the Act and these Regulations; and (c) before carrying out the building work, the owner provides the adjoining owner with a copy of the certificates provided under paragraph (b), and all documents referred to in the certificates. r. 603 -- 77 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 69 604. Protection of the public (1) Precautions must be taken before and during building work to protect the safety of the public if required by the relevant building surveyor. (2) The precautions must be approved by the relevant building surveyor before building work is commenced. (3) Before and during the carrying out of building work all excavations must be fenced or otherwise guarded against being a danger to life or property. (4) The report and consent of the relevant council must be obtained to an application for a building permit relating to the erection of precautions over the street alignment unless a local law requires the taking of precautions and the precautions comply with the local law. 605. Excavations (1) All excavations and backfilling must be executed in a safe and workmanlike manner. (2) Unless exempted by the relevant building surveyor, all water must be removed or diverted from excavations before the laying of footings. 606. Retaining walls (1) The municipal building surveyor may require the owner of an allotment to provide retaining walls or other means of maintaining the stability of the soil, if the municipal building surveyor considers that the stability of the ground on the allotment for the purpose of building work or any adjoining property has been or may be adversely affected by any excavation or filling of soil on the allotment. r. 604 -- 78 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 70 (2) An owner of an allotment must comply with a requirement in relation to the allotment under sub- regulation (1). Penalty: 10 penalty units. (3) Sub-regulation (1) does not apply if the owner of the allotment is required to provide protection work in respect of an adjoining property under regulation 602(1). 607. Demolition (1) Precautions must be taken before and during demolition in accordance with AS 2601—2001 The demolition of structures, published 13 September 2001, as published from time to time and the following— (a) the demolition must not be commenced until the precautionary measures have been inspected and approved by the relevant building surveyor; and (b) no part of any external wall on or within 3m of a street alignment may be pulled down except during the hours that the relevant building surveyor directs; and (c) protective outriggers must be installed where necessary to guard against danger to life or property or when required by the relevant building surveyor; and (d) the site must be cleared of all debris. (2) The relevant building surveyor may exempt minor demolition work from the requirements of sub- regulation (1) if the relevant building surveyor is of the opinion that the nature of the demolition work does not warrant those measures. r. 607 -- 79 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 71 608. Alterations to buildings (1) This regulation applies to alterations to an existing building. (2) Subject to this regulation and to regulation 609, building work to alter an existing building must comply with these Regulations. (3) If the proposed alterations, together with any other alterations completed or permitted within the previous 3 years, represent more than half the original volume of the building the entire building must be brought into conformity with these Regulations. (4) The relevant building surveyor may consent to partial compliance with sub-regulation (2) or (3). Note: The relevant building surveyor, when deciding whether to give a consent under sub-regulation (4), is subject to clause 7 of Schedule 2 to the Act, which provides that he or she must consider any report of a reporting authority before deciding the application and that he or she must implement the recommendations of a prescribed reporting authority in relation to a prescribed matter. (5) In determining whether to consent to partial compliance with sub-regulation (2) or (3) in respect of any alteration to a building, the relevant building surveyor must take into account— (a) the structural adequacy of the building; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building. r. 608 -- 80 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 72 (6) If any part of the alteration is an extension to an existing building, the relevant building surveyor may only consent to partial compliance in respect of the extension if the floor area of the extension is not greater than the lesser of— (a) 25% of the floor area of the existing building; or (b) 1000m2 . 609. Alterations affecting exits and paths to exits (1) If a proposed alteration to a Class 2, 3, 4, 5, 6, 7, 8 or 9 building would adversely affect any exit or path of travel to an exit, the building must comply with Section D of Volume One of the BCA. (2) The relevant building surveyor may consent to partial compliance with sub-regulation (1). (3) In determining whether to consent to partial compliance with sub-regulation (1) the relevant building surveyor must take into account the requirements necessary to make reasonable provision for— (a) the amenity of the building; and (b) the safety and health of people using the building. 610. Storm water drainage (1) The design of every stormwater drainage system to the point of discharge on an allotment must be approved by the relevant building surveyor. (2) The report of the relevant council indicating the location of the point of discharge from an allotment either within the allotment or at the allotment boundary must be obtained in relation to an application for a building permit for the carrying out of building work that includes a stormwater drainage system. r. 609 -- 81 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 73 Division 2—Special Provisions 611. Extension of non-complying external wall Despite any other provision in these Regulations to the contrary, a single storey external wall (including any openings) of a Class 1 building may be extended, once, a maximum of 6m measured horizontally in similar construction without the extension of the wall complying with performance requirement P2.3.1 of Volume Two of the BCA. 612. Record of pile-driving Any person installing piles must— (a) keep a record of all pile-driving operations undertaken during the construction including any determination of allowable loadings; and (b) make the records available for inspection by the relevant building surveyor during the progress of the pile-driving operations; and (c) within 28 days of the completion of the pile- driving operations forward the complete records of the pile-driving operations to the relevant building surveyor. Penalty: 10 penalty units. 613. Branding of timber (1) Despite performance requirement BP1.1 of Volume One and performance requirement P2.1 of Volume Two of the BCA, every piece of timber to be used for structural purposes must be— (a) stress graded in accordance with whichever of the following standards is applicable to the type of timber— r. 611 -- 82 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 74 (i) AS 2082—2000 Timber—Hardwood— Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time; (ii) AS 2858—2004 Timber—Softwood— Visually graded for structural purposes, published 14 April 2004, as published from time to time; (iii) AS/NZS 1748:1997 Timber—Stress- graded—Product requirements for mechanically stress-graded timber, published 5 November 1997, as published from time to time; and (b) marked at least once in a position not less than 400mm from one end with— (i) the source of the stress grading; and (ii) the word "seasoned" or the letter "S" if seasoned in accordance with AS 2082 or AS 2858 as published from time to time; and (iii) the stress grade or stress grade colour in accordance with AS 1613—1997 Timber—Colours for marking F-grades, published 5 January 1997, as published from time to time. (2) Nothing in this regulation applies to timber— (a) to be used as a stump, sole plate or as fencing material; or (b) having a dimension of 25mm or less; or (c) comprising part of a manufactured component which complies with AS 1720.1—1997 Timber Structures— Part 1: Design Methods, published 5 November 1997, as published from time to time; or r. 613 -- 83 of 207 -- Part 6—Building Work Building (Interim) Regulations 2005 S.R. No. 51/2005 75 (d) which has been previously used, but which in the opinion of the relevant building surveyor is suitable to be used for structural purposes. __________________ r. 613 -- 84 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 76 PART 7—BUILDING WORK—SAFETY REQUIREMENTS Division 1—Existing Swimming Pools and Spas 701. Definition of owner In this Division, "owner" in relation to a swimming pool or spa means— (a) in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and (b) in the case of a swimming pool or spa on any other allotment, the owner of that allotment. 702. Application of this Division (1) This Division applies to a swimming pool or spa— (a) on an allotment containing a Class 1, 2, 3 or 10 building or a Class 4 part of a building where the swimming pool or spa is appurtenant to that building; and (b) capable of containing a depth of water exceeding 300mm; and (c) constructed, or for which building approval was granted, before 8 April 1991. (2) Despite sub-regulation (1), this Division does not apply to a swimming pool or spa on an allotment containing a Class 2 or 3 building or a Class 4 part of a building until 14 June 2006. r. 701 -- 85 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 77 703. Requirement for barriers The owner of a swimming pool or spa must ensure that one or more of the following barriers are in place to restrict access to the part of the allotment or building containing the swimming pool or spa— (a) a wall of a building, but only if— (i) any door or gate in the wall complies with regulation 704; and (ii) any openable part of any window in the wall complies with regulation 705; (b) a fence and gate complying with AS 1926.1—1993 Swimming pool safety Part 1: Fencing for swimming pools, published 26 July 1993, as published from time to time; (c) a paling, or imperforate fence if— (i) it is at least 1·5m in height measured above the ground level on the approach side; and (ii) any door or gate in the fence complies with regulation 704. Penalty: 50 penalty units. 704. Requirements for doors or gates For the purposes of regulations 703(a)(i) and 703(c)(ii)— (a) the door or gate must have a self-locking or self-latching device that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and r. 703 -- 86 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 78 (b) the opening mechanism on the door or gate must be located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and (c) the door or gate must be fitted with a device that returns the door or gate to its closed position (i) from any position in the range of positions from fully open to resting on the lock or latch; and (ii) from a stationary start from any position within that range without the application of manual force. 705. Requirements for windows in walls used as barriers For the purposes of regulation 703(a)(ii), the openable part of the window in the wall— (a) must be not less than 2·4m above the ground or paving immediately external to the window; or (b) must be not less than 1·5m above the floor of the room containing the window; or (c) must have a catch, bolt, lock or other stop located not less than 1⋅5m above the floor of the room containing the window so that the openable part of the window cannot be opened more than 125mm; or (d) must have a securely fitted fly screen. r. 705 -- 87 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 79 Division 2—Fire Safety in Certain Existing Residential Buildings 706. Definition of owner In this Division, "owner" in relation to a dwelling, a sole occupancy unit or a building means— (a) in the case of a dwelling, sole occupancy unit or a building being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that dwelling, sole occupancy unit or a building; and (b) in the case of any other dwelling, sole occupancy unit or a building, the owner of that dwelling, sole occupancy unit or building. 707. Self contained smoke alarms (1) Subject to sub-regulation (6), this regulation applies to any Class 1, 2 or 3 building or Class 4 part of a building constructed or for which a building approval or building permit was granted prior to 1 August 1997. (2) A self contained smoke alarm complying with AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time must be installed in each dwelling or sole- occupancy unit (which is or forms part of a building to which this regulation applies) in appropriate locations on or near the ceiling of every storey of the dwelling or sole-occupancy unit. r. 706 -- 88 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 80 (3) The appropriate locations referred to in sub- regulation (2) must be as determined in accordance with Practice Note 2005-27 issued by the Building Commission in May 2005. (4) This regulation must be complied with by the owner of the dwelling or sole-occupancy unit. (5) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 5 penalty units. (6) This regulation does not apply to a Class 1b or 3 building— (a) if the building complies with regulation 709; or (b) on or after the earliest date on which the owner of the building is required to comply with regulation 709 in relation to the building— whichever first occurs. Note: See regulation 709(7) for the date for compliance with regulation 709. 708. Residential care buildings—automatic fire sprinkler systems (1) This regulation applies to a residential care building which was constructed or for which a building approval or building permit was granted prior to 1 August 1997. (2) A residential type fire sprinkler system complying with AS 2118.4—1995 Automatic fire sprinkler systems—Part 4: Residential, published 5 April 1995, as published from time to time must be installed in each building to which this regulation applies. r. 708 -- 89 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 81 (3) If the sprinkler system referred to in sub- regulation (2) has more than 100 heads or the building to which this regulation applies accommodates more than 32 residents, the sprinkler system must be connected to a fire station or other approved monitoring service in accordance with Practice Note 2005-07 issued by the Building Commission in May 2005. (4) This regulation must be complied with by the owner of the building. (5) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 10 penalty units. 709. Hard-wired smoke alarms or detection system (1) This regulation applies to— (a) a Class 9a building that is a residential care building; and (b) a Class 1b or 3 building— constructed or for which a building approval or building permit was granted before 1 August 1997. (2) The following must be installed in a building to which this regulation applies— (a) smoke alarms complying with AS 3786— 1993 Smoke alarms, published 13 April 1993, as published from time to time in appropriate locations on or near the ceiling of every storey of the building and powered from the mains electricity power supply, if there is such a supply to the building; or r. 709 -- 90 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 82 (b) a smoke detection system complying with AS 1670.1—2004 Fire detection, warning, control and intercom systems—System design, installation and commissioning— Part 1: Fire, published 29 April 2004, as published from time to time. (3) The installation and the appropriate locations of smoke alarms referred to in sub-regulation (2)(a) must be in accordance with Practice Note 2005-27 issued by the Building Commission in May 2005. (4) For the purposes of sub-regulation (3), Practice Note 2005-27 must be applied to a Class 9a residential care building as if the building were a Class 3 building. (5) A smoke detection system referred to in sub- regulation (2)(b) must be connected to, and be designed to activate, a building occupant warning system complying with Clause 6 of Specification E2.2a of Volume One of the BCA. (6) For the purposes of sub-regulation (5), Clause 6 of Specification E2.2a of Volume One of the BCA must be applied to a Class 1b building as if the building were a Class 3 building. (7) This regulation must be complied with by the earlier of the following— (a) 14 June 2006; or (b) if a contract for the sale of the building is entered into on or after 14 June 2005, the date that is 30 days after— (i) in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962), the date of completion of the contract; or r. 709 -- 91 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 83 (ii) in the case of a terms contract, the date that the purchaser becomes entitled to possession or to the receipt of rents and profits under the contract. (8) This regulation must be complied with by the owner of the building. (9) A person who fails to comply with this regulation is guilty of an offence and is liable to a penalty not exceeding 5 penalty units. 710. Shared accommodation buildings—automatic sprinkler systems (1) This regulation applies to a Class 3 building that is a shared accommodation building constructed or for which a building approval or building permit was granted before 1 July 2003. Note: The term "shared accommodation building" is defined in clause Vic A1.1 of the Victorian Appendix to Volume One of the BCA. (2) A fire sprinkler system that complies with one or more of the following systems, as appropriate, must be installed in a building to which this regulation applies— (a) AS 2118.1—1999 Automatic fire sprinkler systems—Part 1: General requirements, published 5 December 1999, as published from time to time; or (b) AS 2118.4—1995 Automatic fire sprinkler systems—Residential, published 5 April 1995, as published from time to time. (3) This regulation must be complied with by the earlier of the following— (a) 14 June 2008; or r. 710 -- 92 of 207 -- Part 7—Building Work—Safety Requirements Building (Interim) Regulations 2005 S.R. No. 51/2005 84 (b) if a contract for the sale of the building is entered into on or after 14 June 2005, the date that is 6 months after— (i) in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962), the date of completion of the contract; and (ii) in the case of a terms contract, the date that the purchaser becomes entitled to possession or to the receipt of rents and profits under the contract. (4) This regulation must be complied with by the owner of the building. (5) A person who fails to comply with this regulation is guilty of an offence and is liable to a penalty not exceeding 10 penalty units. (6) This regulation does not apply to— (a) a building that has a rise in storeys of not more than 2 and where each sole-occupancy unit has— (i) access to at least 2 exits and the distance of travel from the entrance doorway of each sole-occupancy unit to the nearest exit is not more than 7⋅5m; or (ii) its own direct access to a road or open space; or (b) a building required to comply with regulation 708; or (c) a building that has an approved sprinkler system installed throughout the building. __________________ r. 710 -- 93 of 207 -- Part 8—Building Work in Special Areas Building (Interim) Regulations 2005 S.R. No. 51/2005 85 PART 8—BUILDING WORK IN SPECIAL AREAS 801. Septic tank systems (1) The report and consent of the relevant council must be obtained to an application for a building permit that requires the installation or alteration of a septic tank system or the construction of a building over an existing septic tank system. (2) In this regulation "septic tank system" has the same meaning as it has in Part IXB of the Environment Protection Act 1970. 802. Flood areas (1) This regulation does not apply to— (a) a Class 10 building; or (b) an unenclosed floor area of a building; or (c) an alteration to an existing building if the area of the existing building is not increased by more than 20m2 . (2) For the purposes of this regulation, land is in an area liable to flooding if— (a) by or under the Water Act 1989 it is determined as being liable to flooding (however expressed); or (b) it is identified in a planning scheme under the Planning and Environment Act 1987 as being in an area liable to flooding; or (c) it is described on a sealed plan of subdivision or plan of strata subdivision or plan of cluster subdivision (as the case requires) as being liable to flooding (however expressed); or r. 801 -- 94 of 207 -- Part 8—Building Work in Special Areas Building (Interim) Regulations 2005 S.R. No. 51/2005 86 (d) it is designated by the relevant council as likely to be flooded by waters from— (i) a waterway, as defined in section 3 of the Water Act 1989; or (ii) any land upon which water concentrates or upon or over which surface water usually or occasionally flows (whether in a defined channel or otherwise) including land affected by flow from a drainage system. (3) The report and consent of the relevant council must be obtained to an application for a building permit if the site is on an allotment that is in an area liable to flooding. (4) The report and consent of the relevant council under sub-regulation (3) need not be obtained to an application for a building permit if (a) a planning permit is required for the construction of the building; and (b) the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the Water Act 1989 or otherwise determined by the floodplain management authority or the relevant council. (5) The relevant council must not give its consent under sub-regulation (3) if it is of the opinion that there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site. (6) In its report under sub-regulation (3) the relevant council may specify a level for the surface of the lowest floor of a building on the site. r. 802 -- 95 of 207 -- Part 8—Building Work in Special Areas Building (Interim) Regulations 2005 S.R. No. 51/2005 87 (7) Before specifying a floor level under sub- regulation (6) the relevant council must— (a) consult with the floodplain management authority for that site; and (b) specify a level at least 300mm above any flood levels declared under the Water Act 1989 or otherwise determined by the floodplain management authority, unless the authority consents to a lower floor level. (8) The relevant council must without delay advise the floodplain management authority and the sewerage authority for that site of the floor level (if any) specified under sub-regulation (6). 803. Termite areas (1) A council may designate areas within its municipal district in which buildings are likely to be subject to attack by termites. (2) Despite anything to the contrary in performance requirement BP1.1 of Volume One of the BCA and performance requirement P2.1 of Volume Two of the BCA— (a) a primary building element is only required to be protected against attack by termites if it is part of a building being constructed in an area designated under sub-regulation (1); and (b) a detached Class 10 building is not required to be protected against termite attack. 804. Designated bushfire prone areas (1) For the purposes of these Regulations, a council, after consultation with the chief officer, may determine that areas within its municipal district are designated bushfire prone areas. r. 803 -- 96 of 207 -- Part 8—Building Work in Special Areas Building (Interim) Regulations 2005 S.R. No. 51/2005 88 (2) If a building is to be constructed on an allotment in a designated bushfire prone area and (a) a planning permit is required for the construction of the building on the allotment; and (b) a site assessment for the purpose of determining bushfire risk to the building has been considered as part of the application for the planning permit the relevant building surveyor may accept that site assessment for the purpose of determining the construction requirements that are applicable to the building due to the allotment being in a designated bushfire prone area. 805. Alpine areas For the purposes of the BCA, a council may determine the areas in its municipal district that in its opinion are likely to be subject to significant snowfalls. 806. Designated land or works (1) The report and consent of the relevant council must be obtained for an application for a building permit for the construction of a building on designated land or works. (2) The report and consent may include conditions controlling the location and construction of retaining walls and fences in relation to designated land or works. (3) Before giving its consent under sub-regulation (1), the relevant council must consult with the waterway management authority for the designated land or works. r. 805 -- 97 of 207 -- Part 8—Building Work in Special Areas Building (Interim) Regulations 2005 S.R. No. 51/2005 89 (4) In this regulation— "designated land or works" means any land or works declared to be designated land or works under Part 10 of the Water Act 1989; "waterway management authority" in relation to designated land or works, means the Authority to which Division 2 of Part 10 of the Water Act 1989 applies that has the waterway management district (within the meaning of that Act) which contains the designated land or works. 807. Designated special areas—mapping (1) A council must prepare maps for all designated special areas within its municipal district. (2) If in a municipal district a designated special area is altered or a new designated special area is created a relevant council must as soon as practicable— (a) amend the map for that designated special area; or (b) prepare a map of that designated special area created. (3) A council must advise the Commission within 7 days if a designated special area within its municipal district is altered or if a new designated special area is created. (4) The relevant council must lodge with the Building Commission within 7 days copies of designated special areas maps amended or prepared under sub-regulation (1) or (2). (5) A council must make an up to date copy of each designated special area map applicable to its municipal district that has been prepared under this regulation available to the public at the offices of the council during normal business hours. r. 807 -- 98 of 207 -- Part 8—Building Work in Special Areas Building (Interim) Regulations 2005 S.R. No. 51/2005 90 (6) In this regulation "designated special area" means— (a) an area liable to flooding within the meaning of regulation 802; or (b) an area designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or (c) an area determined as a designated bush fire prone area under regulation 804; or (d) an area determined as likely to be subject to significant snowfalls under regulation 805; or (e) designated land or works within the meaning of regulation 806. __________________ r. 807 -- 99 of 207 -- Part 9—Inspections Notices and Orders Building (Interim) Regulations 2005 S.R. No. 51/2005 91 PART 9—INSPECTIONS NOTICES AND ORDERS 901. Mandatory notification stages for inspection (1) For the purposes of Part 4 of the Act the mandatory notification stages are— (a) prior to placing a footing; and (b) prior to pouring an in situ reinforced concrete member nominated by the relevant building surveyor; and (c) completion of framework; and (d) final, upon completion of all building work. (2) The relevant building surveyor may vary a stage set out in sub-regulation (1) in relation to building work if it is inappropriate to the building work. (3) The mandatory notification stages for building work determined in accordance with sub- regulation (1) or (2) must be set out in the building permit for that building work. 902. Availability and keeping of directions The relevant building surveyor must— (a) keep a copy of each direction he or she gives under section 37 of the Act in respect of building work until completion of the building work; and (b) make the directions available for inspection during that period by any person during office hours. r. 901 -- 100 of 207 -- Part 9—Inspections Notices and Orders Building (Interim) Regulations 2005 S.R. No. 51/2005 92 903. Emergency orders An emergency order made under section 102 of the Act must include (in addition to the matters permitted by section 103 of the Act)— (a) the location of the building, land or place of public entertainment to which it applies; and (b) the name of the owner or occupier; and (c) the reason or reasons why the emergency order was issued; and (d) the period within which the emergency order must be complied with; and (e) the date of inspection by the municipal building surveyor; and (f) the date of issue of the order; and (g) the name and address of the municipal building surveyor. 904. Building notice A building notice served under section 106 of the Act must include (in addition to the matters permitted by section 108 of the Act)— (a) the location of the building or place of public entertainment to which it applies; and (b) the name and address of the owner; and (c) the reason or reasons why the notice was issued; and (d) the date of inspection by the relevant building surveyor; and (e) the date of issue of the notice; and (f) the name and address of the relevant building surveyor. r. 903 -- 101 of 207 -- Part 9—Inspections Notices and Orders Building (Interim) Regulations 2005 S.R. No. 51/2005 93 905. Building orders A building order made under section 111, 112 or 113 of the Act must include (in addition to the requirements of section 114 of the Act)— (a) the location of the building, land or place of public entertainment to which it applies; and (b) the name and address of the owner or other person to whom the order is directed; and (c) the reason or reasons why the order was issued; and (d) the date of inspection by the relevant building surveyor; and (e) the date of issue of the order; and (f) the name and address of the relevant building surveyor. 906. Amendment or cancellation of a building order (1) A request under section 116 of the Act must be in writing. (2) The prescribed time for the purposes of section 116(3) of the Act is 14 days. (3) The relevant building surveyor must inform the owner without delay of his or her decision on a request under section 116 of the Act. __________________ r. 905 -- 102 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 94 PART 10—OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION 1001. Application of Part (1) This Part applies to all buildings and places of public entertainment. (2) An occupancy permit is not required for— (a) a Class 10 building; or (b) an alteration to a Class 1a building or within a sole occupancy unit in a Class 2 or 3 building. 1002. Application for occupancy permit (1) An application for an occupancy permit may be in accordance with Form 7. (2) The prescribed information to be contained in the application is the information set out in Form 7 (other than the notes). 1003. Reporting authorities for occupancy permit The report and consent of the following persons and bodies must be obtained in respect of an application for an occupancy permit— (a) the chief officer— (i) if he or she was a reporting authority in respect of the application for the building permit which required the issue of the occupancy permit; or (ii) in relation to the transmission signal of alarms required, under these Regulations or any previous corresponding regulations, to be connected to a fire station or other approved monitoring service; r. 1001 -- 103 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 95 (b) the council in relation to the installation or alteration of a septic tank system or the construction of a building over an existing septic tank system. 1004. Time limits The time limits set out in Schedule 6 apply in relation to applications for occupancy permits. 1005. Form of occupancy permit An occupancy permit issued under Part 5 of the Act must be in the form of Form 8. 1006. Form of certificate of final inspection A certificate of final inspection issued under section 38 of the Act must be in the form of Form 9. 1007. Display of occupancy permit at approved location (1) This regulation applies to— (a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and (b) Class 9 buildings; and (c) places of public entertainment. (2) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current occupancy permit in respect of that building or place is displayed and kept displayed at an approved location within the building or place. Penalty: 10 penalty units. r. 1004 -- 104 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 96 1008. Approved location for display of permit (1) Subject to sub-regulation (3), the relevant building surveyor must ensure that a location approved within a building for the purposes of regulation 1007 is in a prominent position accessible to the occupants of the building. (2) The relevant building surveyor must ensure that a location approved within a place of public entertainment for the purposes of regulation 1007 is in a prominent position accessible to the public. (3) In the classes of buildings referred to in regulation 1805, the location approved for the purposes of regulation 1007 may be in an area to which access is available only with the authorisation of the owner. 1009. Owner to make permit available for inspection (1) This regulation applies to— (a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and (b) Class 9 buildings; and (c) places of public entertainment. (2) An owner of a building or place of public entertainment must ensure that a copy of any current occupancy permit is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request. Penalty: 10 penalty units. r. 1008 -- 105 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 97 1010. Keeping of occupancy permit records (1) For the purposes of section 75 of the Act, a council must keep the documents relating to occupancy permits— (a) in their original form for not less than 10 years from the date of issue of the occupancy permit; and (b) after that period in their original form or in any other manner specified by the Keeper of Public Records (within the meaning of the Public Records Act 1973) until— (i) the building in respect of which the permit is given is demolished or removed from the allotment; or (ii) the occupancy permit is cancelled. (2) For the purposes of section 75 of the Act, a council must keep documents relating to a temporary approval for 3 years after— (a) the end of the period for which the temporary approval applies; or (b) the temporary approval is cancelled. 1011. Change of use (1) A person must not change the use of a building or place of public entertainment unless the building or place of public entertainment complies with the requirements of these Regulations applicable to the new use. Penalty: 10 penalty units. (2) Despite sub-regulation (1), the municipal building surveyor may exempt a building or place of public entertainment from compliance with any of these Regulations applicable to the new use. r. 1010 -- 106 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 98 (3) In deciding whether to grant an exemption under sub-regulation (2) the municipal building surveyor must take into account— (a) the structural adequacy of the building or place; and (b) the requirements necessary to make reasonable provision for— (i) the amenity of the building or place and the safety and health of people using the building or place; and (ii) avoiding the spread of fire to or from any adjoining building. (4) A private building surveyor may exercise the powers of the municipal building surveyor under this regulation in the case of a building or place of public entertainment for which the private building surveyor has been appointed to issue an occupancy permit. (5) This regulation applies in addition to any requirements under Part 5 of the Act to obtain an occupancy permit in respect of change of use or any requirements under regulation 608 in respect of alterations. 1012. Information to be supplied to council In addition to the requirements of section 73 of the Act, the relevant building surveyor must within 7 days— (a) after issuing a certificate of final inspection, give to the relevant council a copy of the certificate; and r. 1012 -- 107 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 99 (b) after issuing an occupancy permit or a certificate of final inspection, give to the relevant council the inspection approval dates for mandatory notification stages for the building work. Penalty: 10 penalty units. 1013. Documents to be given to council The following documents are prescribed for the purposes of section 73(1A) of the Act— (a) a notice given to the relevant building surveyor under section 25A(1) of the Act; (b) a notice given to the relevant building surveyor under section 25A(2) of the Act; (c) a notice given to the relevant building surveyor under section 25A(3) of the Act; (d) a notice served on the relevant building surveyor under section 84 of the Act; (e) a notice given to the relevant building surveyor under section 85 of the Act; (f) a determination of the relevant building surveyor under section 87 of the Act; (g) a determination of the Building Appeals Board; (h) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA together with any computations or reports relied upon by the relevant building surveyor in making the determination; (i) a report and consent of a reporting authority referred to in regulation 308; r. 1013 -- 108 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 100 (j) a determination of the municipal building surveyor or a private building surveyor under regulation 502; (k) an exemption given by the municipal building surveyor or a private building surveyor under regulation 503; (l) a document setting out any requirement of the relevant building surveyor under regulation 604 to take precautions to protect the safety of the public; (m) a consent of the municipal building surveyor or a private building surveyor under regulation 608; (n) a consent of the relevant building surveyor under regulation 609; (o) an exemption given by the relevant building surveyor under regulation 1011; (p) any document required by the relevant building surveyor under clause 2 of Schedule 2 to the Act or regulation 305. 1014. Prescribed time to give council other documents The prescribed time for the purposes of section 73(1A) of the Act is 7 days after the issue of the occupancy permit or temporary approval. 1015. Building surveyor to notify chief officer of issue of certificates of final inspection (1) If a certificate of final inspection is issued for building work in respect of which there is a requirement under these Regulations or any previous corresponding regulations that the transmission signal of an alarm be connected to a fire station or other approved monitoring service, the relevant building surveyor must notify the chief officer within 10 days after the issue of the certificate that— r. 1014 -- 109 of 207 -- Part 10—Occupancy Permits and Certificates of Final Inspection Building (Interim) Regulations 2005 S.R. No. 51/2005 101 (a) the certificate has been issued; and (b) the required connection has been made. (2) If a certificate of final inspection is issued for building work for which an occupancy permit is not required and the chief officer was a reporting authority in respect of the application for the relevant building permit, the relevant building surveyor must notify the chief officer within 10 days after the issue of the certificate that the certificate has been issued. __________________ r. 1015 -- 110 of 207 -- Part 11—Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 102 PART 11—PLACES OF PUBLIC ENTERTAINMENT 1101. Application This Part applies to any place of public entertainment. 1102. Prescribed classes For the purposes of the definition of "place of public entertainment" in section 3 of the Act— (a) Class 9b buildings having an area greater than 500m2 and prescribed temporary structures are prescribed classes of buildings; and (b) places having an area greater than 500m2 are a prescribed class of places. 1103. Occupancy permit applications for prescribed places of public entertainment made to Commission The prescribed places of public entertainment for the purposes of sections 26 and 53(2) of the Act are the sportsgrounds and spectator stands known as— (a) Kardinia Oval, Kardinia Park, Geelong; (b) Melbourne Cricket Ground, Yarra Park, East Melbourne; (c) Carlton Cricket Ground, Princes Park, Carlton North. 1104. Prescribed temporary structures For the purposes of the definition of "prescribed temporary structure" in section 3 of the Act, the following are prescribed classes of temporary structures, if those structures do not form part of any other building other than a temporary structure or temporary building— r. 1101 -- 111 of 207 -- Part 11—Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 103 (a) tents, marquees or booths with a floor area greater than 100m2 ; (b) seating stands for more than 20 persons; (c) stages or platforms (including sky borders and stage wings) exceeding 150m2 in floor area; (d) prefabricated buildings exceeding 100m2 other than ones placed directly on the ground surface. 1105. Conditions of use Without limiting the conditions that are required under these Regulations or which can be included on an occupancy permit, an occupancy permit for a place of public entertainment may be issued subject to conditions relating to— (a) the engagement of safety officers to be in attendance at the place of public entertainment to provide for the safety of the public; (b) the safety training qualifications to be held by any person engaged as a safety officer as required by the chief officer or the Commission; (c) the responsibilities of the safety officer which include— (i) the operation of fire safety elements, equipment and systems; (ii) the establishment and operation of evacuation procedures; (iii) the safety of barriers and exits; (iv) the control of the use of naked flame in theatrical productions; r. 1105 -- 112 of 207 -- Part 11—Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 104 (d) the exclusion of the public from unsafe areas; (e) the keeping, testing and storage of flammable material or explosive items and equipment in a safe manner, to the extent that this is not required by any other Act or regulations; (f) the ignition of fireworks and the discharge of pistols or other shooting devices in a safe and responsible manner, to the extent that this is not required by any other Act or regulations; (g) the location and designation of passageways and exits; (h) the availability of public toilet facilities and the condition of those facilities. 1106. Structural design of structures Prescribed temporary structures must be designed in accordance with engineering principles to provide for their structural safety and the safety of the public and other persons using them. __________________ r. 1106 -- 113 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 105 PART 12—MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT Division 1—Maintenance of Essential Safety Measures in Certain Buildings and Places of Public Entertainment 1201. Application of Division (1) Subject to sub-regulation (2), this Division applies to— (a) a Class 1b, 2, 3, 5, 6, 7, 8 and 9 building constructed on or after 1 July 1994; and (b) a Class 4 part of a building constructed on or after 14 June 2005. (2) This Division does not apply to a smoke alarm installed in a sole-occupancy unit in a Class 1b, 2 or 3 building or Class 4 part of a building. 1202. Definitions In this Division— "essential safety measure" means— (a) any of the following items required by these Regulations to be provided in relation to a building or a place of public entertainment— (i) an item listed in Tables I1.1 to I1.11 of Volume 1 of the BCA, except the item in Table I1.4 relating to artificial lighting; (ii) a mechanical ventilation system or a hot water, warm water or cooling water system in a building, other than a system only serving a single sole occupancy unit in a Class 2 or 3 building or a Class 4 part of a building; or r. 1201 -- 114 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 106 (b) any other item that is required by or under the Act or these Regulations to be provided in relation to a building or place of public entertainment for the safety of persons in the event of fire and that is designated by the relevant building surveyor as an essential safety measure; or (c) any other item that is an essential service within the meaning of Division 1 of Part 11 of the Building Regulations 1994 as in force before their revocation; "maintenance determination" means a determination made by a relevant building surveyor under regulation 1204 or regulation 11.4 of the Building Regulations 1994 as in force before their revocation. 1203. Maintenance requirements for essential safety measures when occupancy permit required (1) An occupancy permit issued in respect of a building or place of public entertainment must include a condition which— (a) lists all the essential safety measures pertaining to that building or place of public entertainment; and (b) specifies for each essential safety measure listed, the level of performance determined by the relevant building surveyor to enable the essential safety measure to fulfil its purpose. r. 1203 -- 115 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 107 (2) In determining the level of performance of an essential safety measure, the relevant building surveyor must specify the provision of the building regulations with which the installation and operation of the essential safety measure is to comply and the frequency and type of maintenance required. (3) In this regulation "provision of the building regulations" has the same meaning as in section 160 of the Act. 1204. Maintenance requirements of essential safety measures in other circumstances (1) If an essential safety measure is provided in a building or place of public entertainment as a consequence of an emergency order or a building order or the carrying out of building work where an occupancy permit is not required to be issued the relevant building surveyor must determine— (a) the level of performance required to enable the essential safety measure to fulfil its purpose; and (b) the frequency and type of maintenance required. (2) A determination under sub-regulation (1) must— (a) be in writing; and (b) be given to the owner of the building or place of public entertainment without delay after it is made. 1205. Owner must comply with maintenance determination The owner of a building or place of public entertainment must comply with a maintenance determination in relation to that building. Penalty: 10 penalty units. r. 1204 -- 116 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 108 1206. Display of maintenance determination An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current maintenance determination made in respect of the building or place is displayed and kept displayed at an approved location within the building or place. Penalty: 10 penalty units. 1207. Approved location for display of maintenance determination (1) Subject to sub-regulation (3), the relevant building surveyor must ensure that a location approved within a building for the purposes of regulation 1206 is in a prominent position accessible to the occupants of the building. (2) The relevant building surveyor must ensure that a location approved within a place of public entertainment for the purposes of regulation 1206 is in a prominent position accessible to the public. (3) In the classes of buildings referred to in regulation 1805, the location approved for the purposes of regulation 1206 may be in an area to which access is available only with the authorisation of the owner. 1208. Determination to be available for inspection An owner of a building or place of public entertainment must ensure that a copy of any current maintenance determination is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request. Penalty: 10 penalty units. r. 1206 -- 117 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 109 1209. Owner must prepare annual report An owner of a building or place of public entertainment in respect of which an occupancy permit which lists an essential safety measure has been issued or a maintenance determination is applicable, must ensure that an annual essential safety measures report in accordance with regulation 1210 is prepared before each anniversary of the date of the occupancy permit or maintenance determination (as the case may be). Penalty: 10 penalty units. Note: Regulation 1901 deems an annual essential services report prepared in accordance with regulation 11.5(a) of the Building Regulations 1994 before 14 June 2005 to be an annual essential safety measures report prepared in accordance with this regulation. 1210. Contents and form of annual report The annual essential safety measures report must— (a) be in the form of Form 10; and (b) be signed by the owner or an agent of the owner; and (c) specify the address of the building or place of public entertainment concerned; and (d) include the details of any inspection report made under section 227E of the Act in respect of each essential safety measure; and (e) include a statement that the owner or an agent of the owner has taken all reasonable steps to ensure that— (i) each essential safety measure is operating at the required level of performance; and r. 1209 -- 118 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 110 (ii) each essential safety measure has been maintained in accordance with the occupancy permit or maintenance determination and will fulfil its purpose; and (iii) since the last annual essential safety measures report, there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building, other than those for which a building permit has been issued; and (iv) since the last annual essential safety measures report, there have been no changes to materials or assemblies that must comply with particular fire hazard properties, other than those for which a building permit has been issued; and (v) the information contained in the report is correct. 1211. Display of annual essential safety measures report (1) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current annual essential safety measures report in respect of that building or place is displayed at an approved location within the building or place. Penalty: 10 penalty units. (2) The location approved for the purposes of sub- regulation (1) must be the same location as that at which the relevant occupancy permit or maintenance determination for the building or place is required to be displayed. r. 1211 -- 119 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 111 1212. Annual reports and records to be made available An owner of a building or place of public entertainment in respect of which an occupancy permit which lists an essential safety measure has been issued or a maintenance determination is applicable must ensure that all annual essential safety measures reports and records of maintenance checks, service and repair work are kept on the premises for inspection by the municipal building surveyor or chief officer at any time on request. Penalty: 10 penalty units. Division 2—Maintenance of Essential Safety Measures in Other Buildings and Places of Public Entertainment 1213. Application of Division This Division applies to all Class 1b, 2, 3, 5, 6, 7, 8 and 9 buildings and places of public entertainment constructed before 1 July 1994. 1214. Definition of essential safety measure In this Division "essential safety measure" has the same meaning as safety measure has in the BCA. 1215. Owner's responsibility The owner of a building or place of public entertainment to which this Division applies must ensure that any essential safety measure required in relation to that building or place under the Act or these Regulations or any corresponding previous Act or regulations— (a) is maintained in a state which enables the essential safety measure to fulfil its purpose; and r. 1212 -- 120 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 112 (b) is not removed from its approved location except— (i) for the purpose of maintenance; or (ii) in accordance with these Regulations. Penalty: 10 penalty units. 1216. Maintenance of exits The owner of a building or place of public entertainment to which this Division applies must ensure that all exits and paths of travel to exits are maintained in an efficient condition and kept readily accessible, functional and clear of obstruction so that egress from the building or place is maintained. Penalty: 10 penalty units. Division 3—Swimming Pool and Spa Maintenance and Operation 1217. Swimming pool and spa maintenance and operation (1) The occupier of an allotment or building containing a swimming pool or spa appurtenant to a Class 1, 2, 3 or 10 building or a Class 4 part of a building must take all reasonable steps to ensure that any fence or other barrier, door, gate, lock, latch, catch, bolt or fly screen restricting access to the swimming pool or spa is maintained and operating effectively at all times. Penalty: 50 penalty units. (2) The occupier of an allotment or building containing a swimming pool or spa appurtenant to a Class 1, 2, 3 or 10 building or a Class 4 part of a building must take all reasonable steps to ensure that any gate or door forming part of a swimming pool or spa barrier or fence that provides access to the swimming pool or spa is in the closed position r. 1216 -- 121 of 207 -- Part 12—Maintenance of Buildings and Places of Public Entertainment Building (Interim) Regulations 2005 S.R. No. 51/2005 113 except when a person is in the act of entering or leaving the part of the allotment or building containing the swimming pool or spa. Penalty: 50 penalty units. (3) A person who enters or leaves the part of an allotment or building containing a swimming pool or spa must ensure that any gate or door forming part of the swimming pool or spa barrier or fence that provides access to the swimming pool or spa is in the closed position at all times, except when that person or another person is in the act of entering or leaving that part of the allotment or building. Penalty: 50 penalty units. __________________ r. 1217 -- 122 of 207 -- Part 13—Cooling Tower Systems Building (Interim) Regulations 2005 S.R. No. 51/2005 114 PART 13—COOLING TOWER SYSTEMS 1301. Application to register or renew registration For the purposes of Part 5A of the Act, an application to register, or to renew the registration of, a cooling tower system must include the following details in addition to any other requirements imposed by the Act— (a) the address of the land on which the cooling tower system is located; (b) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located; (c) the number of cooling tower systems on the land; (d) the number of cooling towers in each cooling tower system; (e) in respect of each cooling tower system— (i) the location of the system; (ii) the type of system; (iii) whether drift eliminators have been fitted to each cooling tower in the system and whether automated biocide dosing devices and automated bleed-off devices have been fitted to the system; (iv) the purpose of the system; (v) the area served by the system; (vi) the type of business served by the system; (vii) the name and telephone number of the owner of the system (if different from the owner of the land); r. 1301 -- 123 of 207 -- Part 13—Cooling Tower Systems Building (Interim) Regulations 2005 S.R. No. 51/2005 115 (viii) the name and telephone number of the person who is responsible for the day to day operation of the system. 1302. Registration and renewal fees (1) The fee required to be submitted with an application for the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system for which registration is sought by $110. (2) The fee required to be submitted with an application for the renewal of the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system for which the renewal of registration is sought by $85. 1303. Notification of alterations to cooling tower system For the purposes of section 75DF of the Act, a notification under section 75DF(1) must be in writing and must contain the following details— (a) in the case of a notification under section 75DF(1)(a)— (i) the location of the cooling tower system affected; (ii) the type of cooling tower system; (iii) whether a cooling tower has been added to, or removed from, the system; (iv) the date that the addition or removal occurred; r. 1302 -- 124 of 207 -- Part 13—Cooling Tower Systems Building (Interim) Regulations 2005 S.R. No. 51/2005 116 (b) in the case of a notification under section 75DF(1)(b)— (i) the location of the cooling tower system; (ii) whether it has been removed or permanently decommissioned; (iii) the date on which the cooling tower system was removed or permanently decommissioned; (c) in the case of a notification under section 75DF(1)(c)— (i) the type of cooling tower system that has been relocated; (ii) the location from which the cooling tower system has been relocated; (iii) the new location of the cooling tower system; (iv) whether the cooling tower system is connected to any other cooling tower system; (v) whether drift eliminators have been fitted to each cooling tower in the cooling tower system and whether automated biocide dosing devices or automated bleed-off devices have been fitted to the cooling tower system; (vi) the purpose of the cooling tower system; (vii) the date on which the relocation occurred. r. 1303 -- 125 of 207 -- Part 13—Cooling Tower Systems Building (Interim) Regulations 2005 S.R. No. 51/2005 117 1304. Information to be included in the register For the purposes of section 75DH of the Act, the following information is to be included in the register in addition to the other matters specified in the Act— (a) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located; (b) the number of cooling tower systems on the land; (c) the number of cooling towers in each cooling tower system; (d) whether drift eliminators have been fitted to each cooling tower in the cooling tower system and whether automated biocide dosing devices and automated bleed-off devices have been fitted to the cooling tower system; (e) the purpose of the cooling tower system; (f) the area served by the cooling tower system. __________________ r. 1304 -- 126 of 207 -- Part 14—Building Product Accreditation Building (Interim) Regulations 2005 S.R. No. 51/2005 118 PART 14—BUILDING PRODUCT ACCREDITATION 1401. Definitions In this Part— "building product" includes construction method, design component or system connected with building work; "Committee" means the Building Regulations Advisory Committee. 1402. Application of Part This Part does not apply to a building product that complies with the relevant deemed-to-satisfy provisions of the BCA. 1403. Prescribed body to accredit products For the purposes of sections 14 and 15 of the Act the Australian Building Codes Board is a prescribed body. 1404. Application for accreditation (1) A person may apply to the Committee to have a building product accredited under this Part. (2) The application must be accompanied by— (a) the prescribed fee; and (b) if required by the Committee either or both of the following— (i) an appraisal of the building product from an organisation or person that is recognised by the Committee as competent to make the appraisal; (ii) a test report from a Registered Testing Authority. r. 1401 -- 127 of 207 -- Part 14—Building Product Accreditation Building (Interim) Regulations 2005 S.R. No. 51/2005 119 1405. Accreditation fees (1) The fee for accreditation of a building product under this Part is $1000. (2) All fees paid under this Part must be paid into the Building Administration Fund. 1406. Certificate of accreditation If the Committee accredits a building product under this Part, the Commission must issue a certificate of accreditation to the applicant. 1407. Registration of accredited products The Commission must— (a) keep a register of all building products accredited under this Part; and (b) cause to be published in the Government Gazette notice of— (i) any accreditation of a building product under this Part; and (ii) any revocation of an accreditation under this Part. 1408. Revocation of accreditation (1) The Committee may at any time revoke an accreditation if it finds that— (a) the accreditation has been obtained by fraud, misrepresentation or concealment of facts; or (b) the standard of the building product which is the subject of the accreditation— (i) is unsatisfactory; or (ii) differs or fails to comply with the standard of that building product as at the time the accreditation was granted; or r. 1405 -- 128 of 207 -- Part 14—Building Product Accreditation Building (Interim) Regulations 2005 S.R. No. 51/2005 120 (c) the regulation in relation to which the building product was accredited has been revoked. (2) If the Committee determines to revoke an accreditation the Commission must notify the holder of the certificate in writing of the decision of the Committee. 1409. Records The Commission must keep all documents considered by the Committee in relation to an accreditation under this Part until the accreditation is revoked. 1410. Information in application to remain confidential (1) The information contained in any application for accreditation must be regarded as confidential and must not be wilfully disclosed (except in pursuance of this Part) by any member of the Committee or any person employed to assist the Committee unless disclosure is authorised in writing by the person who made the application. (2) Any person who fails to comply with sub- regulation (1) is guilty of an offence and liable to a penalty not exceeding 10 penalty units. 1411. Offence to falsely claim product accredited A person or body must not knowingly claim that a building product is accredited under this Part if a current certificate of accreditation has not been issued for that building product. Penalty: 10 penalty units. __________________ r. 1409 -- 129 of 207 -- Part 15—Building Practitioners Building (Interim) Regulations 2005 S.R. No. 51/2005 121 PART 15—BUILDING PRACTITIONERS 1501. Definition In this Part— "Board" means the Building Practitioners Board. 1502. Professional standards A registered building practitioner must— (a) perform his or her work as a building practitioner in a competent manner and to a professional standard; and (b) immediately inform the client in writing if a conflict of interest arises or appears likely to arise between his or her interest as a building practitioner and that of his or her client; and (c) receive remuneration for his or her services as a building practitioner solely by the professional fee or other benefits specified in the contract of engagement or by the salary and other benefits payable by the building practitioner's employer. Note: A building practitioner who contravenes the requirements of regulation 1502 may be the subject of an inquiry under section 179 of the Act. 1503. Prescribed qualifications and classes For the purposes of registration under section 170 of the Act, the prescribed qualifications for registration of a category and a prescribed class of building practitioner set out in column 2 of the Table in Schedule 7 are the relevant qualifications set out in column 3 of the Table in Schedule 7 for that category and class. Note: Under section 170(1)(b)(ii) of the Act the Board may accept equivalent qualifications and experience to those listed in the Table in Schedule 7. r. 1501 -- 130 of 207 -- Part 15—Building Practitioners Building (Interim) Regulations 2005 S.R. No. 51/2005 122 1504. Period for which private building surveyor may not act The prescribed period for the purposes of section 79(1)(b) of the Act is 1 year. 1505. Certificates of compliance—proposed building work The prescribed classes of proposed building work and the prescribed categories and classes of practitioners in respect of proposed building work for the purpose of section 238(1)(a) of the Act are as follows— (a) for a certificate relating to the design or part of the design of building work relating to a structural, sewerage, water or drainage matter—category of engineer, class of civil engineer; (b) for a certificate relating to the design or part of the design of building work relating to a mechanical matter including hydraulic services within a building—category of engineer, class of mechanical engineer; (c) for a certificate relating to the design or part of the design of building work relating to an electrical matter—category of engineer, class of electrical engineer; (d) for a certificate relating to the design or part of the design of building work relating to a fire safety matter—category of engineer, class of fire safety engineer; (e) for a certificate relating to the design or part of the design of any of the above classes of building work—category of building surveyor. r. 1504 -- 131 of 207 -- Part 15—Building Practitioners Building (Interim) Regulations 2005 S.R. No. 51/2005 123 1506. Certificates of compliance—building work The prescribed classes of building work and the prescribed categories and classes of practitioners in respect of building work for the purpose of section 238(1)(b) of the Act are as follows— (a) for a certificate relating to the inspection of domestic building work relating to a structural, sewerage, water or drainage matter—category of engineer, class of civil engineer; (b) for a certificate relating to the inspection of domestic building work relating to a mechanical matter including hydraulic services within a building—category of engineer, class of mechanical engineer; (c) for a certificate relating to the inspection of domestic building work relating to an electrical matter—category of engineer, class of electrical engineer; (d) for a certificate relating to the inspection of domestic building work relating to a fire safety matter—category of engineer, class of fire safety engineer; (e) for a certificate relating to the inspection of domestic building work—category of building surveyor or building inspector; (f) for a certificate relating to the erection of a prescribed temporary structure—category of building surveyor or building inspector or category of engineer, class of civil engineer or category of erector or supervisor (temporary structures) in the appropriate class. r. 1506 -- 132 of 207 -- Part 15—Building Practitioners Building (Interim) Regulations 2005 S.R. No. 51/2005 124 1507. Forms of certificates of compliance A certificate under section 238 of the Act must be— (a) in accordance with Form 11 in relation to the design or part design of a building; and (b) in accordance with Form 12 in relation to the inspection of building work. 1508. Duplicate certificate fee For the purposes of section 172(7) of the Act, the prescribed fee for a duplicate building practitioner's certificate is $30. __________________ r. 1507 -- 133 of 207 -- Part 16—Building Appeals Board Building (Interim) Regulations 2005 S.R. No. 51/2005 125 PART 16—BUILDING APPEALS BOARD 1601. Appeal periods For the purposes of section 146 of the Act, the prescribed appeal period is— (a) 7 business days for an appeal by a prescribed reporting authority under section 138(5) of the Act; or (b) 14 days for an appeal against a determination by the relevant building surveyor under section 87 of the Act; or (c) 60 days for an appeal under section 143 of the Act against a decision of the Building Practitioners Board; or (d) 30 days in any other case. 1602. Building Appeals Board fees The fees for lodging an appeal, referral, application or request to the Building Appeals Board are as follows— (a) in the case of an appeal under section 138, 139, 140, 142, 144 or 144A, a referral under section 150, 156 or 157 or an application under section 164 of the Act— (i) $120 in any matter relating to a Class 1 or 10 building; and (ii) $220 in any matter relating to a building other than Class 1 or 10; (b) in the case of an appeal under section 141, a referral under section 151, 152, 153, 154 or 155, or an application under section 159 of the Act— (i) $200 in any matter relating to a Class 1 or 10 building; and r. 1601 -- 134 of 207 -- Part 16—Building Appeals Board Building (Interim) Regulations 2005 S.R. No. 51/2005 126 (ii) $400 in any matter relating to a building other than Class 1 or 10; (c) in the case of an appeal under section 143 or a referral under section 158 of the Act, $220; (d) in the case of a request under section 147 of the Act, $250; (e) in the case of an application under section 160 of the Act— (i) $90 in any matter involving a Class 1 or 10 building; and (ii) $200 in any matter involving a building other than Class 1 or 10; (f) in the case of an application under section 160A of the Act— (i) $90 in any matter involving a Class 1 or 10 building; and (ii) $200 in any matter involving a building other than Class 1 or 10. 1603. Additional fees In addition to the fees required by regulation 1602— (a) in the case of a request made under section 147 of the Act the additional prescribed fee for the purposes of section 147(3)(b) of the Act is $160 per hour; and (b) in the case of any matter where an inspection of the site is made by a member or members of the Building Appeals Board hearing the matter, an additional fee of $160 per hour may, at the discretion of the Board, be required from the person requesting the matter to be heard. r. 1603 -- 135 of 207 -- Part 16—Building Appeals Board Building (Interim) Regulations 2005 S.R. No. 51/2005 127 1604. Fees to be refunded (1) Fees paid to the Building Appeals Board in respect of a request under section 147 of the Act must be refunded from the Building Administration Fund if the request is refused. (2) The Commissioner may refund from the Building Administration Fund, in whole or in part, any other fee paid to the Building Appeals Board if the appeal, request, application or referral is not proceeded with. __________________ r. 1604 -- 136 of 207 -- Part 17—Infringement Notices Building (Interim) Regulations 2005 S.R. No. 51/2005 128 PART 17—INFRINGEMENT NOTICES 1701. Application This Part applies to all buildings and places of public entertainment whenever constructed. 1702. Authorised officers The office or class of officers for the purposes of the definition of "authorised officer" in section 254 of the Act are— (a) the Commissioner, for offences against regulations 1009, 1205, 1208, 1209, 1212, 1215 and 1216; and (b) the chief officer, for offences against regulations 707, 708, 709, 710, 1009, 1205, 1208, 1209, 1212, 1215 and 1216; and (c) the municipal building surveyor, for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1208, 1209, 1212, 1215 and 1216. 1703. Prescribed offences The prescribed offences for the purposes of the definition of "prescribed offence" in section 254 of the Act are, offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1208, 1209, 1212, 1215 and 1216. 1704. Form of infringement notices A building infringement notice must be in the form of Form 13 for the purposes of section 255(2) of the Act. r. 1701 -- 137 of 207 -- Part 17—Infringement Notices Building (Interim) Regulations 2005 S.R. No. 51/2005 129 1705. Prescribed penalties The prescribed penalty for the purposes of section 255(3) of the Act is— (a) 5 penalty units in the case of a place of public entertainment; and (b) 2 penalty units in any other case. 1706. Payment of prescribed penalty For the purposes of section 258(4) of the Act, payment of a prescribed penalty must be made to the authorised officer— (a) by post; or (b) at the business office of the authorised officer during office hours. __________________ r. 1705 -- 138 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 130 PART 18—EXEMPTIONS Division 1—Exemptions for Certain Buildings and Building Work 1801. Exemptions from permits A building permit and occupancy permit are not required under the Act for the buildings and building work specified in column 2 of the Table in Schedule 8. 1802. Exemptions from building regulations The buildings and building work specified in column 2 of the Table in Schedule 8 are exempt from the regulations specified in relation to them in column 3 of that Table. 1803. Exemption from permit for temporary structures A building permit is not required under the Act for prescribed temporary structures described in regulation 1104 and those structures are also exempt from all Parts of these Regulations except regulations 1105 and 1106. Note: If a prescribed temporary structure is used for the purpose of providing public entertainment it must have an occupancy permit under Division 2 of Part 5 of the Act and meet the requirements of the Commission under that permit. 1804. Exemption for farm buildings (1) The relevant council may exempt a Class 10 building that is to be constructed on farm land and used for farming purposes from all or any of the requirements of these Regulations. r. 1801 -- 139 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 131 (2) If the relevant council grants an exemption from all of these Regulations under sub-regulation (1), a building permit and certificate of final inspection under the Act are not required for that building. Division 2—Exemptions in Relation to Certain Buildings 1805. Exemptions relating to building surveyors Sections 23, 30, 47 and 73 of the Act do not apply to a relevant building surveyor in respect of the following classes of buildings— (a) premises that are used or intended to be used for the provision of residential accommodation by— (i) a community service established under section 57 of the Children and Young Persons Act 1989; or (ii) a community service approved under section 58 of that Act and that are situated on Crown land or land in relation to which the Secretary to the Department of Human Services or the Director of Housing is registered as proprietor; or (b) premises that are used or intended to be used as— (i) a remand centre within the meaning of the Children and Young Persons Act 1989; (ii) a secure welfare service within the meaning of that Act; or (iii) a youth residential centre within the meaning of that Act; or r. 1805 -- 140 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 132 (iv) a youth training centre within the meaning of that Act; or (c) premises that are used or intended to be used as— (i) a prison established under section 10 of the Corrections Act 1986; or (ii) a community corrections centre established under Part 9 of that Act; (d) premises that are used or intended to be used as— (i) a residential institution within the meaning of the Intellectually Disabled Persons' Services Act 1986; or (ii) a residential program within the meaning of that Act; or (e) premises that are used or intended to be used for the provision of residential accommodation by a registered residential service within the meaning of the Intellectually Disabled Persons' Services Act 1986; or (f) premises that are used or intended to be used as a courthouse by a court; or (g) premises that are used or intended to be used as a police station; or (h) premises that are used or intended to be used— (i) as an approved mental health service within the meaning of the Mental Health Act 1986; or r. 1805 -- 141 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 133 (ii) to provide residential services and 24 hour nursing care for people with a mental disorder within the meaning of that Act and operated with funding provided by the Secretary to the Department of Human Services for that purpose; or (i) premises that are used or intended to be used as a youth refuge or a women's refuge operated with funding provided by the Secretary to the Department of Human Services for the purpose of providing a refuge. 1806. Exemption from permit application fees Clause 1(d) of Schedule 2 to the Act does not apply to an applicant for a building permit in respect of any class of building referred to in regulation 1805. Division 3—Exemptions Relating to Builders of Multi-storey Residential Buildings 1807. Definitions In this Division— "carry out" in relation to building work, includes manage or arrange the carrying out of building work; "multi-storey residential building" means a building— (a) that has a rise in storeys of more than 3; and (b) that contains 2 or more separate dwellings; r. 1806 -- 142 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 134 "storey" does not include a space within a building if the space contains only accommodation intended only for vehicles. 1808. Exemption from required insurance for builder (1) Subject to sub-regulation (3), a builder who carries out domestic building work or proposes to carry out domestic building work under a major domestic building contract for the construction of a multi-storey residential building is exempt from compliance with section 136(2) of the Act in respect of the carrying out of domestic building work for the construction of that building. (2) Subject to sub-regulation (3), a builder is exempt from any requirement under Part 9 of the Act to be covered by the required insurance in respect of the carrying out of domestic building work under a major domestic building contract where the work is for the construction of a multi-storey residential building. (3) Nothing in this regulation exempts a builder from a requirement under section 136(2) of the Act or Part 9 of the Act to be covered by insurance in accordance with the Building Practitioners Insurance Ministerial Order made under section 135 of the Act on 4 May 2005 and published in the Special Government Gazette on 12 May 2005 to take effect on 14 June 2005 as that Order is in force from time to time. (4) This regulation applies to major domestic building contracts entered into on or after 10 April 2002. r. 1808 -- 143 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 135 1809. Exemptions from required insurance for owner- builders (1) A person who constructs a multi-storey residential building is exempt from compliance with section 137B(2)(b) of the Act in respect of any contract to sell the building. (2) A person who constructs a multi-storey residential building is exempt from any requirement under Part 9 of the Act to be covered by the required insurance in respect of any contract to sell the building. (3) This regulation applies to contracts of sale entered into on or after 10 April 2002. Division 4—Exemptions from Registration for Certain Building Practitioners 1810. Domestic builders if work less than $5000 (1) A builder who is solely engaged in the business of carrying out domestic building work is not required to be registered as a building practitioner under Part 11 of the Act if the cost of the domestic building work carried out by that person is $5000 or less in each case. (2) This regulation does not apply to a builder who, in relation to a home within the meaning of the Domestic Building Contracts Act 1995, is engaged in the business of— (a) the re-blocking or restumping of a home; or (b) the demolition or removal of a home. r. 1809 -- 144 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 136 1811. Builders of Class 10 buildings (1) A builder, who is solely engaged in the business of constructing Class 10 buildings, is not required to be registered as a building practitioner under Part 11 of the Act. (2) This regulation does not apply to a builder who is engaged in the business of— (a) constructing Class 10 buildings, where that construction is domestic building work carried out under a major domestic building contract; or (b) the construction of signs or similar Class 10b structures. 1812. Builders of masts and similar Class 10b structures A builder who is solely engaged in the business of constructing Class 10 buildings which are masts, poles, aerials or similar Class 10b structures is not required to be registered as a building practitioner under Part 11 of the Act. 1813. Draftsperson doing certain domestic building work A draftsperson who is solely engaged in the business of— (a) preparing plans for domestic building work; or (b) preparing documentation relating to permits or permit applications for domestic building work— is not required to be registered as a building practitioner under Part 11 of the Act if the cost of the domestic building work is $5000 or less in each case. r. 1811 -- 145 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 137 1814. Draftsperson doing certain work for engineer A draftsperson who is solely engaged in the business of— (a) preparing civil, mechanical, or electrical plans; or (b) other documentation relating to permits or permit applications— for building practitioners in the category of engineer, is not required to be registered as a building practitioner under Part 11 of the Act. 1815. Registration requirements for certain domestic builders (1) An applicant for registration as a building practitioner in the category of builder, class of domestic builder (unlimited), is exempt from the requirements of section 170(1)(b)(i) of the Act if, immediately before 1 May 1996, that applicant— (a) was approved by the approved guarantor under section 23 of the House Contracts Guarantee Act 1987 in the class of general builder or general supervisor, and was the person nominated to the approved guarantor as the person in charge of construction by the applicant; or (b) was the person nominated to the approved guarantor as the person in charge of construction by a partnership or company approved by the approved guarantor under section 23 of the House Contracts Guarantee Act 1987 in the class of general builder or general supervisor. r. 1814 -- 146 of 207 -- Part 18—Exemptions Building (Interim) Regulations 2005 S.R. No. 51/2005 138 (2) An applicant for registration as a building practitioner in the category of builder, class of domestic builder (limited), is exempt from the requirements of section 170(1)(b)(i) of the Act if, immediately before 1 May 1996, that applicant— (a) was approved by the approved guarantor under section 23 of the House Contracts Guarantee Act 1987 in the class of restricted builder or restricted supervisor and was the person nominated to the approved guarantor as the person in charge of construction by the applicant; or (b) was the person nominated to the approved guarantor as the person in charge of construction by a partnership or company approved by the approved guarantor under section 23 of the House Contracts Guarantee Act 1987 in the class of restricted builder or restricted supervisor. __________________ r. 1815 -- 147 of 207 -- Part 19—Transitional Provisions Building (Interim) Regulations 2005 S.R. No. 51/2005 139 PART 19—TRANSITIONAL PROVISIONS 1901. Annual essential services reports deemed to be annual essential safety measures reports An annual essential services report prepared in accordance with regulation 11.5(a) of the Building Regulations 1994 as in force before 14 June 2005 is deemed to be an annual essential safety measures report prepared in accordance with regulation 1209. 1902. Registration of building practitioners not affected by revocation of Building Regulations 1994 The revocation of the Building Regulations 1994 does not affect the registration under Part 11 of the Act of any building practitioner who was registered under that Part immediately before that revocation. __________________ r. 1901 -- 148 of 207 -- Part 20—Expiry Building (Interim) Regulations 2005 S.R. No. 51/2005 140 PART 20—EXPIRY 2001. Expiry These Regulations cease to have any force or effect on 13 June 2006. __________________ r. 2001 -- 149 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 141 SCHEDULES SCHEDULE 1 Regulation 104 REVOCATIONS S.R. No. 81/1994 Building Regulations 1994; S.R. No. 121/1995 Building (Amendment) Regulations 1995; S.R. No. 24/1996 Building (Qualifications) Regulations 1996; S.R. No. 161/1996 Building (Amendment) Regulations 1996; S.R. No. 79/1997 Building (Amendment) Regulations 1997; S.R. No. 74/1999 Building (Amendment) Regulations 1999; S.R. No. 109/2000 Building (Amendment) Regulations 2000; S.R. No. 110/2000 Building (Fees) Regulations 2000; S.R. No. 16/2001 Building (Cooling Tower Systems Register) Regulations 2001; S.R. No. 82/2001 Building (Single Dwellings) (Interim) Regulations 2001; S.R. No. 171/2001 Building (Single Dwellings) Regulations 2001; S.R. No. 176/2001 Building (Swimming Pool Fences) Regulations 2001; S.R. No. 27/2002 Building (Multi-Storey Residential Building Exemption) Regulations 2002; S.R. No. 132/2002 Building (Building Envelope) Regulations 2002; S.R. No. 43/2003 Building (Amendment) Regulations 2003; S.R. No. 79/2003 Building (Application of Siting Requirements) Regulations 2003; S.R. No. 2/2004 Building (Amendment) Regulations 2004; S.R. No. 46/2004 Building (Further Amendment) Regulations 2004; S.R. No. 113/2004 Building (Siting and Design) Regulations 2004. __________________ Sch. 1 -- 150 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 142 SCHEDULE 2 FORMS Form 1 Application for a building permit Form 2 Building permit Form 3 Building permit levy return Form 4 Building work commencement, completion or permit lapse return Form 5 Protection work notice Form 6 Protection work response notice Form 7 Application for occupancy permit Form 8 Occupancy permit Form 9 Certificate of final inspection Form 10 Annual essential safety measures report Form 11 Certificate of compliance—Design Form 12 Certificate of compliance—Inspection Form 13 Building infringement notice __________________ Sch. 2 -- 151 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 143 FORM 1 Regulation 301 Building Act 1993 Building (Interim) Regulations 2005 APPLICATION FOR A BUILDING PERMIT To (Building surveyor) From Owner*/Agent of owner* * delete if inapplicable Postal address Postcode Address for serving or giving of documents Postcode Indicate if the applicant is a lessee or licensee of Crown land to which this application applies †† † tick if applicable Contact person Telephone Ownership Details (only if agent of owner listed above) Owner Postal address Postcode Contact person Telephone Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Allotment area (for new dwellings only) m2 Land owned by the Crown or a public authority †† † tick if applicable Form 1 -- 152 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 144 Builder (if known) Name Telephone Postal address Postcode Building practitioners1 and/or architect (a) to be engaged in the building work 2 Name Category/Class Registration No. Name Category/Class Registration No. (If a registered domestic builder carrying out domestic building work attach details of the required insurance) (b) who were engaged to prepare documents forming part of the application for this permit 3 Name Category/Class Registration No. Name Category/Class Registration No. Nature of building work* Construction of a new building † Demolition of a building † Extension to an existing building † Re-erection of a building † Other † Alterations to an existing building † Removal of a building † Change of use of an existing building † Proposed use of building 4 * Tick if applicable or give other description Owner-builder5 (if applicable) I intend to carry out the work as an owner-builder. [Yes/No] Cost of building work Is there a contract for the building work? [Yes/No] If yes, state the contract price $ If no, state the estimated cost of the building work (including the cost of labour and materials) and attach details of the method of estimation $ Form 1 -- 153 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 145 Stage of building work If application is to permit a stage of the work— Extent of stage Cost of work for this stage $ Signature Signature of owner or agent Date Note 1: Building practitioner means— (a) a building surveyor; or (b) a building inspector; or (c) a quantity surveyor; or (d) an engineer engaged in the building industry; or (e) a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits and permit applications; or (f) a builder including a domestic builder; or (g) a person who erects or supervises the erection of prescribed temporary structures; or (h) a person responsible for a building project or any stage of a building project and who belongs to a class of people prescribed to be building practitioners— but does not include— (i) an architect; or (j) a person (other than a domestic builder) who does not carry on the business of building. Note 2: Include building practitioners with continuing involvement in the building work. Note 3: Include only building practitioners with no further involvement in the building work. Note 4: The use of the building may also be subject to additional requirements under other legislation such as the Liquor Control Reform Act 1998 and the Dangerous Goods Act 1985. Form 1 -- 154 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 146 Note 5: If an owner-builder there are restrictions on the sale of the building under section 137B of the Building Act 1993. Section 137B prohibits an owner-builder from selling a building on which domestic building work has been carried out within 6½ years from the completion of the relevant building work unless they have satisfied certain requirements including obtaining compulsory insurance. The Building Commission maintains a current list of domestic insurance providers. __________________ Form 1 -- 155 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 147 FORM 2 Regulation 313 Building Act 1993 Building (Interim) Regulations 2005 BUILDING PERMIT Issued to Owner*/Agent of owner* Postal address Postcode Address for serving or giving of documents Postcode Contact person Telephone * Delete if inapplicable Ownership details (only if agent of owner listed above) Owner Postal address Postcode Contact person Telephone Property details (include title details as and if applicable) Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Builder Name Telephone Address Postcode Form 2 -- 156 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 148 Details of building practitioners and architects a) to be engaged in the building work1 Name Category/Class Registration No. Name Category/Class Registration No. b) who were engaged to prepare documents forming part of the application for this permit 2 Name Category/Class Registration No. Name Category/Class Registration No. Details of domestic building work insurance 3 (delete if inapplicable) The issuer or provider of the required insurance policy is (insert name of policy issuer or provider) Details of relevant planning permit (delete if inapplicable) Planning permit No. Date of grant of planning permit Nature of building work *Construction of a new building, extension, alteration, change of use, demolition, removal or re-erection of a building * Circle whichever is applicable Stage of building work permitted Cost of building work $ Total floor area of new building work in m2 Building classification Part of building BCA Classification Part of building BCA Classification Inspection requirements The mandatory notification stages are— Form 2 -- 157 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 149 Occupation or use of building An occupancy permit/certificate of final inspection* is required prior to the occupation or use of this building * Circle whichever is applicable If an occupancy permit is required, the permit is required for the whole/part* of the building in respect of which the building work is carried out. * Circle whichever is applicable Commencement and completion This building work must commence by This building work must be completed by Relevant building surveyor Name Registration No. Business/council name Address Permit No. Date of issue of permit Signature Note 1: Include building practitioners with continuing involvement in the building work. Note 2: Include only building practitioners with no further involvement in the building work. Note 3: Domestic builders carrying out domestic building work forming part of this permit (where the contract price for that work is more than $12 000) must be covered by an insurance policy as required under section 135 of the Building Act 1993. __________________ Form 2 -- 158 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 150 FORM 3 Regulation 322 Building Act 1993 Building (Interim) Regulations 2005 BUILDING PERMIT LEVY RETURN Month: Year: Part A: (to be completed for each building permit issued during the month) Permit details Permit No: Date of Issue: Application Date: Owner name: Telephone No. Owner address: Postcode Owner builder (Y/N): Property details Lot/s Number Street/road City/suburb/town Postcode Municipal district Private, or Local, State or Commonwealth Government land ownership: (indicate which is applicable) Description of building work Nature of building work: BCA classification(s): Use of the building: Allotment area (m2): Total floor area of new building work (m2): Form 3 -- 159 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 151 No of storeys: Floor material: External wall material: Roof cladding material: Frame material: Existing dwellings: Dwellings demolished: New dwellings: Cost of building work Total estimated cost or contract sum of the project ($): Cost of building work applicable to this permit ($): Estimated cost or contract sum of domestic building work applicable to this permit ($): Levy amount General levy amount ($): *HIH levy amount ($): Total levy amount ($): Part B: (to be inserted after the last permit levy details for that month have been included) TOTAL OF LEVY AMOUNTS RECEIVED FOR MONTH: Total of general levy amounts ($): *Total of HIH levy amounts ($): Total ($): Part C: (to be inserted at the end of the levy return) I certify that the information provided in this levy return is complete and correct. Name: Registration No. Signature: Date: * Leave blank if inapplicable __________________ Form 3 -- 160 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 152 FORM 4 Regulation 323 Building Act 1993 Building (Interim) Regulations 2005 BUILDING WORK COMMENCEMENT, COMPLETION OR PERMIT LAPSE RETURN Month Year Building Permit Number Commencement date* Occupancy Permit/ Certificate of Final Inspection Number (if applicable) Date of Occupancy Permit/ Certificate of Final Inspection Date project abandoned or permit lapsed (if applicable) I certify that the above information is complete and correct. Name Signed Registration number Date * Estimated commencement of building work or date of first inspection. __________________ Form 4 -- 161 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 153 FORM 5 Regulations 602(2), 602(3) Building Act 1993 Building (Interim) Regulations 2005 PROTECTION WORK NOTICE To Adjoining owner Postal address Postcode Relevant building surveyor Postal address Postcode Contact person Telephone From Owner/agent Postal address Postcode Contact person Telephone In accordance with section 84 of the Building Act 1993, I give notice of my intention to carry out the following building work on my land and request your agreement to the proposed protection work. Details of proposed building work Property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Form 5 -- 162 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 154 Adjoining property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Details of proposed protection work and program Nature, location, time and duration of protection works: Signature Signature of owner or agent Date NOTE: Under section 85 of the Building Act 1993, the adjoining owner must respond to a notice under section 84 of that Act by giving to the owner within 14 days a notice under section 85 of that Act— (i) agreeing to the proposed protection work; or (ii) disagreeing with the proposed protection work; or (iii) requiring more information. Failure to respond will be taken as agreement to the proposed protection work. In the case of (ii) and (iii) above, a copy of the notice under section 85 of that Act must also be given to the relevant building surveyor. (See regulations 602(4) and 602(5) and Form 6). __________________ Form 5 -- 163 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 155 FORM 6 Regulations 602(4), 602(5) Building Act 1993 Building (Interim) Regulations 2005 PROTECTION WORK RESPONSE NOTICE To Owner or agent Postal address Postcode Relevant building surveyor Postal address Postcode From Adjoining owner Postal address Postcode Contact person Telephone Address of property where building work is to be carried out (from Form 5) Number Street/road City/suburb/town Address of my adjoining property Number Street/road City/suburb/town Response In accordance with section 85 of the Building Act 1993, I hereby respond to the notice served on me by the owner under that section and— (i) agree to the proposed protection work † (ii) disagree with the proposed protection work for the following reasons † (iii) request the following further information † Form 6 -- 164 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 156 Signature Signature of adjoining owner or agent Date NOTE: The notice under section 85 of the Building Act 1993 must be given to the owner or agent within 14 days of being served with a notice under section 84 of that Act and in the case of (ii) or (iii) must also be given to the relevant building surveyor who must determine the matter under section 87 of the Building Act 1993. (See regulations 602(4) and 602(5)). __________________ Form 6 -- 165 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 157 FORM 7 Regulation 1002 Building Act 1993 Building (Interim) Regulations 2005 APPLICATION FOR OCCUPANCY PERMIT To Relevant building surveyor From Owner or agent Telephone In accordance with section 42 of the Building Act 1993, I hereby apply for an occupancy permit for the building at— Property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Building practitioners and architects who were engaged in the building work 1 Name Category/Class Registration No. Name Category/Class Registration No. Use applied for Part of building Intended use BCA Class Part of building Intended use BCA Class Signature of owner or agent Date Note 1: Include building practitioners who were involved in the building work and who were not known or not listed at time of completion of application for building permit. __________________ Form 7 -- 166 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 158 FORM 8 Regulation 1005 Building Act 1993 Building (Interim) Regulations 2005 OCCUPANCY PERMIT Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Building details* Part of building Use BCA Class Allowable floor loading No. of people deemed accommodated Part of building Use BCA Class Allowable floor loading No. of people deemed accommodated * Complete this portion only if an occupancy permit is required under Division 1 of Part 5 of the Building Act 1993. Places of Public Entertainment** Place of Public Entertainment Type of temporary structure Public entertainment to be conducted Class of public entertainment Period of operation of this permit ** Complete the applicable parts of this portion only if an occupancy permit is required under Division 2 of Part 5 of the Building Act 1993. Form 8 -- 167 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 159 Conditions Occupation is subject to the following conditions— (1) Essential safety measures Essential safety measures must be maintained in accordance with the maintenance requirements set out in the following table— Essential safety measure BCA or other provision to which essential safety measure has been installed and is to operate Frequency and type of maintenance required (2) Other conditions (delete if not applicable) Approved location for display of occupancy permit For a building or place of public entertainment that has a required essential safety measure the approved location for display of this permit and the annual essential safety measures report (if applicable) is Suitability for occupation The building or part of a building to which this certificate applies is suitable for occupation. Relevant building surveyor Name Registration No. Signature Occupancy Permit No. Date of inspection Date of issue __________________ Form 8 -- 168 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 160 FORM 9 Regulation 1006 Building Act 1993 Building (Interim) Regulations 2005 CERTIFICATE OF FINAL INSPECTION Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Description of building work Part of building Permitted use BCA Class Part of building Permitted use BCA Class Approved location for display of certificate of final inspection For a building or place of public entertainment, which has a required essential safety measure, the approved location for display of this certificate and the annual essential safety measures report (if applicable) is Directions All directions under Part 4 of the Building Act 1993 have been complied with. Relevant building surveyor Name Registration No. Signature Certificate No. Date of inspection Date of issue __________________ Form 9 -- 169 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 161 FORM 10 Regulation 1210 Building Act 1993 Building (Interim) Regulations 2005 ANNUAL ESSENTIAL SAFETY MEASURES REPORT Property Address Building/s or part of building Classification of building/s or part of building This report is in relation to occupancy permit no. (insert no.) issued (insert date) or maintenance determination dated (insert date) and is required to be prepared before each anniversary of the date of that occupancy permit or maintenance determination. Maintenance personnel details The following personnel carried out maintenance on the essential safety measures in this building during the preceding 12 months. Essential safety measure Name Address Details of any inspection report provided under section 227E of the Building Act 1993 Compliance I hereby state that I have/the owner has* taken all reasonable steps to ensure that— * Delete as applicable (i) each essential safety measure is operating at the required level of performance; and (ii) each essential safety measure has been maintained in accordance with the occupancy permit or maintenance determination and will fulfil its purpose; and Form 10 -- 170 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 162 (iii) since the last annual essential safety measures report there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building, other than those for which a building permit has been issued; and (iv) since the last annual essential safety measures report there have been no changes to materials or assemblies that must comply with particular fire hazard properties, other than those for which a building permit has been issued; and (v) the information contained in this report is correct. Signature Owner*/agent of owner* * Ddelete if inapplicable Date NOTES 1. The owner must ensure that this annual safety measures report is displayed at an approved location in accordance with regulation 1211 of the Building (Interim) Regulations 2005. The penalty for non- compliance is a maximum of 10 penalty units. 2. The owner must ensure that this annual essential safety measures report and records of maintenance checks, service and repair work are kept on the premises for inspection by the municipal building surveyor or chief officer at any time on request. The penalty for non-compliance is a maximum of 10 penalty units. 3. Under section 240 of the Building Act 1993 an owner of a building or land may in writing authorise another person to make any application, appeal, referral or representation under this Act on behalf of the owner. Under section 248(1) of the Building Act 1993, it is an offence for a person to do those things unless they are so authorised. __________________ Form 10 -- 171 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 163 FORM 11 Regulation 1507(a) Building Act 1993 Building (Interim) Regulations 2005 CERTIFICATE OF COMPLIANCE—DESIGN To Relevant building surveyor Postal address Postcode From Building practitioner Category/Class Postal address Post code Property details (if applicable) Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Compliance I did*/did not* prepare the design and I certify that the part of the design described as * Delete whichever is not applicable complies with the following provisions of the Regulations** **Includes BCA and relevant standards. Form 11 -- 172 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 164 Design documents Drawing Nos. Prepared by Date Specifications Prepared by Date Computations Prepared by Date Test reports Prepared by Date Other documentation Prepared by Date Signature Registration No. Name of building practitioner Date __________________ Form 11 -- 173 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 165 FORM 12 Regulation 1507(b) Building Act 1993 Building (Interim) Regulations 2005 CERTIFICATE OF COMPLIANCE—INSPECTION To Relevant building surveyor Postal address Postcode From Building practitioner Category and class Registration No. Postal address Postcode Property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal District Compliance I certify that the part of the building work described as has been inspected by me and complies with the following provisions of the Act or regulations* * Includes BCA and relevant standards. Prescribed temporary structures In the case of a prescribed temporary structure this certificate relates to occupancy permit number Inspection date Date of inspection of building work Form 12 -- 174 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 166 Signature Name of building practitioner Registration No. Date __________________ Form 12 -- 175 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 167 FORM 13 Regulation 1704 Building Act 1993 Building (Interim) Regulations 2005 BUILDING INFRINGEMENT NOTICE To Name and address of owner, occupier or person carrying out building work who is alleged to have committed a prescribed offence. Identification of building Address of building or information required to identify the building where the prescribed offence allegedly occurred. Nature of prescribed offence Prescribed penalty for the prescribed offence Additional steps (if any) required to expiate the prescribed offence Period within which additional steps (if any) must be taken Period for payment of prescribed penalty Required manner and place of payment of penalty Name, business address and signature of authorised officer Date of issue NOTES 1. The authorised officer may withdraw the infringement notice at any time (other than as described in Note 2) within 28 days after notice is served by serving a withdrawal notice and if the authorised officer withdraws the infringement notice the authority may either take no action, or may take other action including bringing the matter before a court. 2. The infringement notice cannot be withdrawn if within the required time any required additional steps have been taken and the penalty paid. Form 13 -- 176 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 168 3. If any required additional steps have been taken and the penalty has been paid within the required time the offence will be expiated and no conviction for the offence will be recorded. However, the authorised officer may serve a summons where failure to expiate an offence occurs. __________________ Form 13 -- 177 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 169 SCHEDULE 3 Regulation 307 TIME LIMITS FOR BUILDING PERMIT APPLICATIONS Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 or 10 buildings Class 2–9 buildings Act provision 1 Relevant building surveyor to give reporting authority a copy of an application 3 business days 5 business days Schedule 2 clause 4(2) 2 Time after receipt of copy of application for reporting authority to report on and consent to application 10 business days 10 business days Schedule 2 clause 6 3 Time after receipt of copy of application for reporting authority to report on and consent to an application for a matter under Division 2 and regulation 424 of Part 4 15 business days Not applicable Schedule 2 clause 6 4 Time after receipt of copy of application for responsible authority to report on and consent to application 15 business days 15 business days Schedule 2 clause 6A 5 Time for relevant building surveyor to decide application after all reporting authority reports and consents are received or the end of the relevant time prescribed for the supply of those reports and consents whichever is the earlier 10 business days 15 business days section 19 Sch. 3 -- 178 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 170 Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 or 10 buildings Class 2–9 buildings Act provision 6 Further time for applicant to supply a report and consent of a reporting authority to relevant building surveyor 3 calendar months 6 calendar months Schedule 2 clause 5(4) __________________ Sch. 3 -- 179 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 171 SCHEDULE 4 Regulation 308 PRESCRIBED MATTERS REPORTED ON BY PRESCRIBED REPORTING AUTHORITIES PART 1 PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER Column 1 Column 2 Column 3 Item Prescribed matters to be reported on by chief officer Regulation reference The following fire safety matters if those matters do not meet the deemed-to-satisfy provisions in the BCA— reg. 309(1) 1 fire hydrants 2 fire hose reels 3 fire control centres or fire control rooms 4 fire precautions during construction 5 fire mains 6 control valves 7 booster assemblies 8 emergency vehicle access 9 fire indicator panels 10 proscenium curtain drencher systems Sch. 4 -- 180 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 172 PART 2 PRESCRIBED MATTERS REPORTED ON BY COUNCIL Column 1 Column 2 Column 3 Item Prescribed matters to be reported on by Council Regulation reference 1 Building over an easement reg. 310(1) 2 Setback from a street alignment not complying with reg. 408 reg. 408(3) 3 Setback from a street alignment not complying with reg. 409 reg. 409(4) 4 Building height not complying with reg. 410 reg. 410(4) 5 Site coverage not complying with reg. 411 reg. 411(4) 6 Impermeable surfaces covering more than 80% of an allotment area reg. 412(2) 7 Car parking spaces not complying with reg. 413 reg. 413(6) 8 Side or rear boundary setbacks not complying with reg. 414 reg. 414(6) 9 Walls or carports not complying with reg. 415 reg. 415(5) 10 Building setbacks not complying with reg. 416 (daylight to existing habitable room window) reg. 416(6) 11 Building setbacks not complying with reg. 417 (solar access) reg. 417(6) 12 Building design not complying with reg. 418 (overshadowing of recreational private open space) reg. 418(3) 13 Window or raised open space not complying with reg. 419 (overlooking) reg. 419(9) 14 Building design not complying with reg. 420 (daylight to habitable room window) reg. 420(3) 15 Private open space not complying with reg. 421 reg. 421(4) Sch. 4 -- 181 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 173 Column 1 Column 2 Column 3 Item Prescribed matters to be reported on by Council Regulation reference 16 Siting of appurtenant Class 10a buildings reg. 422(2) 17 Front fence height not complying with reg. 424 reg. 424(3) 18 Fence setback on side or rear boundary not complying with reg. 425 reg. 425(3) 19 Length or height of side or rear boundary fence not complying with reg. 426 reg. 426(5) 20 A fence within 9m of an intersection reg. 427(1) 21 Fence setback not complying with reg. 428 (daylight to existing habitable room window) reg. 428(6) 22 Fence setback not complying with reg. 429 (solar access) reg. 429(5) 23 Fence design not complying with reg. 430 (overshadowing of recreational private open space) reg. 430(3) 24 Mast, pole, aerial, antenna, chimney flue pipe or other service pipe that exceeds certain height limits reg. 431 25 Projections beyond street alignment reg. 512(1) 26 Buildings above or below certain public facilities reg. 514(2) 27 Precautions over a street reg. 604(4) 28 Point of discharge of storm water reg. 610(2) 29 Installation or alteration of a septic tank system, or construction of a building over an existing septic tank system reg. 801(1) 30 Construction of buildings on land liable to flooding reg. 802(3) 31 Building on designated land or works reg. 806(1) Sch. 4 -- 182 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 174 PART 3 PRESCRIBED MATTER REPORTED ON BY ELECTRICITY SUPPLY AUTHORITY Column 1 Column 2 Column 3 Item Prescribed matter to be reported on by electricity supply authority Regulation reference 1 Provision of substations reg. 311 __________________ Sch. 4 -- 183 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 175 SCHEDULE 5 Regulation 403 PLANNING SCHEMES Column 1 Column 2 Column 3 Item number Name of planning scheme Name of zone 1 Bayside Planning Scheme Residential 1 Zone (R1Z) Mixed Use Zone (MUZ) 2 Glen Eira Planning Scheme Residential 1 Zone (R1Z) 3 Kingston Planning Scheme Residential 1 Zone (R1Z) 4 Maroondah Planning Scheme Residential 1 Zone (R1Z) 5 Monash Planning Scheme Residential 1 Zone (R1Z) Residential 2 Zone (R2Z) Mixed Use Zone (MUZ) __________________ Sch. 5 -- 184 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 176 SCHEDULE 6 Regulation 1004 TIME LIMITS FOR OCCUPANCY PERMIT APPLICATIONS Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 building Class 2–9 buildings Act provision 1 Relevant building surveyor to give reporting authority copy of an application 3 business days 5 business days Schedule 2 clause 4(2) 2 Time after receipt of copy of application for reporting authority to report on and consent to an application 5 business days 10 business days Schedule 2 clause 6 3 Time for relevant building surveyor to decide application after all reporting authority reports and consents are received or the end of the relevant time prescribed for the supply of those reports and consents, whichever is earlier 2 business days 5 business days section 43 or section 56 __________________ Sch. 6 -- 185 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 177 SCHEDULE 7 Regulation 1503 CATEGORIES/CLASSES OF BUILDING PRACTITIONERS AND QUALIFICATIONS (1) For the purposes of the Table in this Schedule components of domestic building work include, but are not limited to, any of the following work associated with the construction, renovation, improvement, or maintenance of a home— (a) the construction or installation of retaining structures, garages, carports, sheds, pergolas, verandahs, patios, stairways, brickwork, internal or external cladding, swimming pools, spas and the like; (b) the provision of lighting, heating, ventilation, air conditioning and electrical services; (c) site work involved in relocating an existing home; (d) door or window installation, sub-floor work, roofing, fencing, bathroom and kitchen renovations and the like. (2) In the Table in this Schedule "special buildings" means— (a) buildings of composite, precast or tilt-up panel construction; or (b) buildings incorporating prestressed concrete elements; or (c) stressed skin structures, chimneys, towers, masts or any similar structures. TABLE Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 1 Category of building surveyor (a) a degree in building surveying from a university within the meaning of the Tertiary Education Act 1993; and (b) 3 years of practical experience to the satisfaction of the Board Sch. 7 -- 186 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 178 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 2 Category of building inspector (unlimited) (a) a diploma in building inspection from a course accredited under the Vocational Education and Training Act 1990; and (b) 2 years of practical experience to the satisfaction of the Board 3 Category of building inspector (limited) (a) the following qualifications— (i) a diploma in building inspection from a course accredited under the Vocational Education and Training Act 1990; and (ii) 2 years of practical experience to the satisfaction of the Board; or (b) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to inspect the classes and types of buildings or the components of building work specified in the certificate 4 Category of quantity surveyor (a) a degree or diploma in quantity surveying from a university within the meaning of the Tertiary Education Act 1993; and (b) 2 years of practical experience to the satisfaction of the Board Sch. 7 -- 187 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 179 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 5 Category of engineer, class of civil engineer (a) the following qualifications— (i) a degree in civil engineering from a university within the meaning of the Tertiary Education Act 1993; and (ii) 3 years of practical experience to the satisfaction of the Board; or (b) a current certificate of registration as a civil engineer on the National Professional Engineers Register (NPER) 6 Category of engineer, class of mechanical engineer (a) the following qualifications— (i) a degree in mechanical engineering from a university within the meaning of the Tertiary Education Act 1993; and (ii) 3 years of practical experience to the satisfaction of the Board; or (b) a current certificate of registration as a mechanical engineer on the National Professional Engineers Register (NPER) 7 Category of engineer, class of electrical engineer (a) the following qualifications— (i) a degree in electrical engineering from a university within the meaning of the Tertiary Education Act 1993; and (ii) 3 years of practical experience to the satisfaction of the Board; or Sch. 7 -- 188 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 180 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications (b) a current certificate of registration as an electrical engineer on the National Professional Engineers Register (NPER) 8 Category of engineer, class of fire safety engineer (a) the following qualifications— (i) a degree in fire safety engineering from a university within the meaning of the Tertiary Education Act 1993; and (ii) 3 years of practical experience to the satisfaction of the Board; or (b) a current certificate of registration as a fire safety engineer on the National Professional Engineers Register (NPER) 9 Category of draftsperson, class of building design (architectural) (a) an advanced diploma in building design and project administration from a course accredited under the Vocational Education and Training Act 1990; and (b) 1 year of practical experience to the satisfaction of the Board 10 Category of draftsperson, class of building design (interior) (a) an associate diploma of arts— interior design from a course accredited under the Vocational Education and Training Act 1990; and (b) 1 year of practical experience to the satisfaction of the Board Sch. 7 -- 189 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 181 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 11 Category of draftsperson, class of building design (services) (a) one of the following qualifications— (i) an associate diploma of engineering drafting—civil, electrical or mechanical; or (ii) a certificate IV, diploma or advanced diploma in fire technology from a course accredited under the Vocational Education and Training Act 1990; and (b) 1 year of practical experience to the satisfaction of the Board 12 Category of builder, class of commercial builder (unlimited) (a) the following qualifications— (i) a degree, diploma or associate diploma of building from a university or TAFE College within the meaning of the Tertiary Education Act 1993; and (ii) 3 years of practical experience to the satisfaction of the Board; or (b) the following qualifications— (i) a certificate of successful completion of the "Course in Builder Registration (BPB)" accredited under the Vocational Education and Training Act 1990; and (ii) 3 years of practical experience to the satisfaction of the Board; Sch. 7 -- 190 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 182 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 13 Category of builder, class of commercial builder (limited) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to construct the components of building work specified in the certificate 14 Category of builder, class of domestic builder (unlimited) (a) the following qualifications— (i) a degree, diploma or associate diploma of building from a university or TAFE College within the meaning of the Tertiary Education Act 1993; and (ii) 3 years of practical experience to the satisfaction of the Board; or (b) the following qualifications— (i) successful completion of the "Course in Builder Registration (BPB)" accredited under the Vocational Education and Training Act 1990; and (ii) 3 years of practical experience to the satisfaction of the Board; or (c) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to carry out, manage or arrange to carry out all components of domestic building work Sch. 7 -- 191 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 183 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 15 Category of builder, class of domestic builder (limited) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to carry out, manage or arrange to carry out the components of domestic building work specified in the certificate 16 Category of builder, class of domestic builder (manager) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience (including financial management knowledge and experience) to manage or arrange the carrying out by a builder registered under the Act in another class of domestic builder of the components of domestic building work specified in the certificate 17 Category of builder, class of demolisher (low rise buildings) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to— (a) demolish buildings having a rise in storeys of not more than 2, excluding special buildings; and (b) undertake demolition stripping work of not more than 2 storeys of any unoccupied building Sch. 7 -- 192 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 184 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 18 Category of builder, class of demolisher (medium rise buildings) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to— (a) demolish buildings having a rise in storeys of not more than 5, excluding special buildings; and (b) undertake demolition stripping of any building 19 Category of builder, class of demolisher (unlimited) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to demolish all buildings including the demolition of special buildings and stripping work 20 Category of erector or supervisor (temporary structures), class 1— stages or seating stands or equipment platforms or towers fabricated on site from tubes and fittings or other scaffolding components of metals and other materials (a) an intermediate scaffolding certificate issued under the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994; and (b) 1 year of practical experience to the satisfaction of the Board Sch. 7 -- 193 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 185 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications 21 Category of erector or supervisor (temporary structures), class 2— special structures— tents, marquees (a) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to erect or dismantle or supervise the erection or the dismantling of tents and marquees; and (b) 2 years of practical experience to the satisfaction of the Board __________________ Sch. 7 -- 194 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 186 SCHEDULE 8 Regulations 1801, 1802 EXEMPTIONS FOR BUILDINGS AND BUILDING WORK TABLE Column 1 Column 2 Column 3 Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from 1 A freestanding Class 10a building that— (a) has a floor area not exceeding 10m2; and (b) is no more than 3m in height; and (c) is appurtenant to a building of another Class on the same allotment; and (d) is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and (e) is not constructed of masonry. Note: The consent of a service authority may be required to construct a Class 10a building 10m2 or less in area over an easement vested in that authority under another Act. All Parts 2 Repair, renewal or alteration of a part of an existing building, if the building work— (a) will not adversely affect the structural soundness of the building, and does not include— (i) an increase or decrease in the floor area or height of the building; or All Parts Sch. 8 -- 195 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 187 Column 1 Column 2 Column 3 Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from (ii) the removal or alteration of any element of the building that is contributing to the support of any other element of the building; or (iii) underpinning or replacement of footings; and (b) is done for maintenance or renewal purposes using materials commonly used for the same purpose as the material being replaced; and (c) will not adversely affect the safety of the public or occupiers of the building; and (d) is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995; and (e) will not adversely affect a safety measure. Note: This building work may require approval from the Executive Director under the Heritage Act 1995 or of the National Trust of Australia (Victoria). Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials. Sch. 8 -- 196 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 188 Column 1 Column 2 Column 3 Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995. 3 Any building that is not of a Class listed in clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA. All Parts 4 A building used only temporarily for the duration of building work— (a) construction purposes; or (b) display purposes. All Parts 5 Temporary structures other than those to which regulation 1104 applies. All Parts 6 A swimming pool with a depth not exceeding 300mm. All Parts 7 A fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)— (a) not exceeding 2m in height; and (b) not exceeding 1⋅5m in height when within 3m of a street alignment and which is not constructed of masonry, concrete or the like; and (c) not exceeding 1⋅2m in height when within 3m of a street alignment and which is constructed of masonry, concrete or the like; and All Parts except reg. 424(1) and Schedule 5 Sch. 8 -- 197 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 189 Column 1 Column 2 Column 3 Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from (d) not exceeding 1m in height above the footpath when within 9m of a point of intersection of street alignments; and (e) not having barbed wire or the like within 150mm of a street alignment. 8 A chain wire fence surrounding a tennis court. All Parts 9 Any sign that is— (a) less than 3m from a street alignment and does not exceed 1m in height above ground level; or (b) not less than 3m from a street alignment and does not exceed— (i) a height of 8m above ground level; and (ii) 6m2 in display area. All Parts 10 Any mast, pole, antenna, aerial or similar Class 10b structure— (a) attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or (b) not attached to a building and which does not exceed a height of 8m. All Parts 11 Any facility (within the meaning of paragraph (b) of the definition of "facility" in section 7 of the Telecommunications Act 1997 of the Commonwealth) and construction or demolition of such a facility by a carrier (within the meaning of that section). Part 2 and Parts 5 to 19 Sch. 8 -- 198 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 190 Column 1 Column 2 Column 3 Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from 12 Any retaining wall less than 1m in height that is not associated with other building work or with protection of adjoining property. Parts 2 to 19 except reg. 606 13 A pergola appurtenant to a Class 1a building, if the pergola— (a) has a floor area not exceeding 20m2; and (b) is not more than 3m in height; and (c) is located no further forward on the allotment than the front wall of the building to which it is appurtenant. Parts 2 to 19 14 A re-locatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if— (a) the building has a floor area not exceeding 20m2; and (b) the building is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and (c) the building or building work will not adversely affect the structural soundness of that, or any other building; and (d) the building or building work will not adversely affect the safety of the public or the occupiers of the building; and Regulations in Parts 2 to 19 Sch. 8 -- 199 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 191 Column 1 Column 2 Column 3 Item Description of building or building work exempted from building permit and occupancy permit Building regulations that building or building work exempted from (e) the building is set back from an allotment boundary not less than 1m; and (f) the building does not exceed a height of 3⋅6m; and (g) the building work will not involve construction over an easement vested in the council or other authority specified in regulation 310. 15 A relocatable building used as a State School (within the meaning of the Education Act 1958), a school (within the meaning of Part III of that Act), or a TAFE Institution (within the meaning of the Vocational and Education Training Act 1990) if— (a) the building has a floor area not exceeding 300m2 ; and (b) the building or building work will not adversely affect the structural soundness of that, or any other building; and (c) the building or building work will not adversely affect the safety of the public or the occupiers of the building. Parts 2 to 19 ═══════════════ Sch. 8 -- 200 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 192 ENDNOTES Table of Applied, Adopted or Incorporated Matter Required by 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 "Building Code of Australia" means the Building Code of Australia published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 105 Definition of "fire performance requirement" Building Code of Australia Performance requirement BP1.1, DP2, DP3, DP4 or DP6 (to the extent that it relates to fire safety). Performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5 or EP1.6 of Volume One; and Performance requirement P2.1, P2.3.1 or P2.3.2 of Volume Two (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building) Regulations 106, 109, 110, 111, 112 and 113 Building Code of Australia Whole Endnotes -- 201 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 193 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 305(b) Building Code of Australia Clause A2.2 of Volume One; and Clause 1.2.2 of Volume Two Regulation 308(2) and Schedule 4, Part 1 Building Code of Australia Deemed to satisfy provisions regarding fire safety matters Regulation 309 Building Code of Australia Whole Regulation 314 Building Code of Australia Deemed to satisfy provisions regarding installation of fire sprinklers Regulations 409, 410, 411, 414, 421 and 424 and Schedule 5 Bayside Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones Glen Eira Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone -- 202 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 194 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Kingston Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone Maroondah Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone Monash Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone, Residential 2 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones Regulation 607(1) AS 2601—2001 The demolition of structures, published 13 September 2001, as amended from time to time Whole Regulation 609(1) Building Code of Australia Section D of Volume One Regulation 611 Building Code of Australia Performance requirement P 2.3.1 of Volume Two -- 203 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 195 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 613(1)(a)(i) AS 2082—2000 Timber— Hardwood—Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time Whole Regulation 613(1)(a)(ii) AS 2858—2004 Timber— Softwood—Visually graded for structural purposes, published 14 April 2004, as published from time to time Whole Regulation 613(1)(a)(iii) AS/NZS 1748: 1997 Timber—Stress- graded—Product requirements for mechanically stress- graded timber, published 5 November 1997, as published from time to time Whole Regulation 613(1)(b)(ii) AS 2082—2000 Timber— Hardwood—Visually stress-graded for structural purposes, published 7 March 2000, as published from time to time Whole -- 204 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 196 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document AS 2858—2004 Timber— Softwood—Visually graded for structural purposes, published 14 April 2004, as published from time to time Whole Regulation 613(1)(b)(iii) AS 1613—1997 Timber—Colours for marking F-grades, published 5 January 1997, as published from time to time Whole Regulation 613(2)(c) AS 1720.1—1997 Timber structures (SAA Timber Structures Code)— Design methods, published 5 November 1997, as published from time to time Whole Regulation 703(b) AS 1926.1—1993 Fencing for swimming pools, published 26 July 1993, as published from time to time Whole Regulation 707(2) AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time Whole -- 205 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 197 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 707(3) Practice Note 2005-27 issued by the Building Commission in May 2005 Whole Regulation 708(2) AS 2118.4—1995 Automatic fire sprinkler systems— Part 4: Residential, published 5 April 1995 as published from time to time Whole Regulation 708(3) Practice Note 2005-07 reissued by the Building Commission in May 2005 Whole Regulation 709(2)(a) AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time Whole Regulation 709(2)(b) AS 1670.1—2004 Fire detection, warning, control and intercom systems— System design, installation and commissioning— Part 1: Fire, published 29 April 2004 as published from time to time Whole -- 206 of 207 -- Building (Interim) Regulations 2005 S.R. No. 51/2005 198 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 709(3) Practice Note 2005-27 issued by the Building Commission in May 2005 Whole Regulation 709(5) Building Code of Australia Clause 6 of Specification E2.2a of Volume One Regulation 710(2)(a) AS 2118.1—1999 Automatic fire sprinkler systems— Part 1: General requirements, published 5 December 1999, as published from time to time Whole Regulation 710(2)(b) AS 2118.4—1995 Automatic fire sprinkler systems— Residential, published 5 April 1995, as published from time to time Whole Regulation 1202 definition of "essential safety measure" Building Code of Australia Tables I1.1 to I1.11 of Volume One, except the item in Table I1.4 relating to artificial lighting Regulations 1801, 1802 and item 3 of Schedule 8 Building Code of Australia Clause A3.2 of Volume One Clause I.3.2 of Volume Two Regulation 1808(3) Building Practitioners Insurance Ministerial Order published 12 May 2005 Whole -- 207 of 207 --