Building (Amendment) Regulations 2003
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Building (Amendment) Regulations 2003
S.R. No. 43/2003
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 2
3. Commencement 2
4. Definitions 2
5. Insertion of new Part 4 definition 2
6. Minimum street setbacks 2
7. Side and rear setbacks 3
8. Solar access to existing north-facing habitable room windows 3
9. Safety of existing swimming pools and spas 3
10. Self contained smoke alarms 3
11. Residential care buildings 4
12. Flood areas 4
13. Substitution of regulation 6.4 5
6.4 Designated bushfire prone areas 5
14. Prescribed places of public entertainment 6
15. Building Appeals Board fees 6
16. Substitution of regulation 14.2 6
14.2 Application of Part 6
17. Prescribed qualifications and classes 6
18. Exemptions for certain building practitioners 7
19. Certificates of compliance 7
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ENDNOTES 8
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1
STATUTORY RULES 2003
S.R. No. 43/2003
Building Act 1993
Building (Amendment) Regulations 2003
The Governor in Council makes the following Regulations:
Dated: 27 May 2003
Responsible Minister:
MARY DELAHUNTY
Minister for Planning
BRIAN TUKE
Acting Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to amend
the Building Regulations 1994
(a) to make further provision for, and to clarify,
certain provisions relating to
(i) swimming pool and spa safety;
(ii) fire safety for residential care buildings;
(iii) building work in flood prone and
designated bushfire prone areas;
(iv) prescribed places of public
entertainment; and
(b) to prescribe further definitions; and
(c) to revoke redundant provisions; and
(d) to make various consequential amendments.
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2. Authorising provisions
These Regulations are made under sections 7,
15A, 261 and 262 of the Building Act 1993.
3. Commencement
These Regulations come into operation on 2 June
2003.
4. Definitions
In regulation 1.5(1) of the Building Regulations
19941 —
(a) in paragraph (a), in the definition of "chief
officer", for "Chief Fire Officer of the
Metropolitan Fire Brigades" substitute
"Chief Officer of the Metropolitan Fire and
Emergency Services";
(b) insert the following definition—
' "pergola" means an open structure which
is unroofed but may have a covering of
open weave permeable material;'.
5. Insertion of new Part 4 definition
In regulation 4.1 of the Building Regulations 1994
insert the following definition—
' "fence" includes—
(a) a screen; or
(b) a structure similar to a fence;'.
6. Minimum street setbacks
In regulation 4.9(3)(d) of the Building Regulations
1994, for "4.19(4)(d) or 4.19(5)" substitute
"4.19(5)(d) or 4.19(6)".
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7. Side and rear setbacks
In regulation 4.14(3)(d) of the Building
Regulations 1994, for "4.19(4)(d) or 4.19(5)"
substitute "4.19(5)(d) or 4.19(6)".
8. Solar access to existing north-facing habitable room
windows
For the heading to the diagram in regulation 4.17
of the Building Regulations 1994 substitute
"Regulation 4.17: Solar access to existing
north-facing habitable room windows".
9. Safety of existing swimming pools and spas
In regulation 5.13(3) of the Building Regulations
1994—
(a) in paragraph (a), for "a lock or latch"
substitute "a self-locking or self-latching
device";
(b) for paragraph (c) substitute
"(c) that the door or gate is 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.".
10. Self contained smoke alarms
Regulation 5.14(4) of the Building Regulations
1994 is revoked.
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11. Residential care buildings
For regulation 5.15(1)(a) of the Building
Regulations 1994 substitute—
"(a) which is a place of residence where 10% or
more of persons who reside there need
physical assistance in conducting their daily
activities and to evacuate the building during
an emergency (including any residential care
service, State funded residential care service
or supported residential service as defined in
the Health Services Act 1988) but does not
include—
(i) a hospital; or
(ii) a dwelling in which 2 or more members
of the same family and not more than
2 other persons would ordinarily be
resident; or
(iii) a place of residence where only one
resident needs physical assistance in
conducting their daily activities and to
evacuate the building during an
emergency; and".
12. Flood areas
After regulation 6.2(3) of the Building
Regulations 1994 insert—
"(3A) The consent and report 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
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(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 council.".
13. Substitution of regulation 6.4
For regulation 6.4 of the Building Regulations
1994 substitute—
"6.4 Designated bushfire prone areas
(1) A council, after consultation with the chief
officer, may determine that areas within its
municipal district are designated bushfire
prone areas for the purposes of the BCA.
(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.".
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14. Prescribed places of public entertainment
In regulation 10.3 of the Building Regulations
1994—
(a) for "North;" substitute "North.";
(b) omit—
"Victoria Park, Abbotsford;
Waverley Park, Mulgrave;
Western Oval, Footscray.".
15. Building Appeals Board fees
In regulation 12.2 of the Building Regulations
1994
(a) in sub-regulation (1)(e), for "a request"
substitute "an appeal";
(b) in sub-regulation (2)(a), for "an application"
substitute "a request".
16. Substitution of regulation 14.2
For regulation 14.2 of the Building Regulations
1994 substitute—
"14.2 Application of Part
This Part does not apply to a building
product which complies with the relevant
deemed-to-satisfy provisions of the BCA.".
17. Prescribed qualifications and classes
In regulation 15.3(1) of the Building Regulations
1994, for "National Professional Engineers
Register—Section Three (NPER-3)" (wherever
occurring) substitute "National Professional
Engineers Register (NPER)".
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18. Exemptions for certain building practitioners
Regulations 15.5(4), 15.5(5), 15.5(6), 15.5(8) and
15.5(11) of the Building Regulations 1994 are
revoked.
19. Certificates of compliance
For regulation 15.7(1A)(f) of the Building
Regulations 1994 substitute—
"(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.".
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ENDNOTES
1 Reg. 4: S.R. No. 81/1994. Reprint No. 6 incorporating amendments as at
1 July 2002. Subsequently amended by S.R. No. 132/2002.
Endnotes
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