Building (Amendment) Regulations 1999

i Building (Amendment) Regulations 1999 S.R. No. 74/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Exemptions 2 6. Use of performance requirements of the BCA 2 7. Information to accompany applications 2 8. Reporting authorities 3 9. Issue of building permit 3 10. New regulation inserted 3 2.6A Referral to the chief officer 4 11. Use of documents 4 12. Guarantees and bonds 4 13. Documents to be lodged with council 5 14. New regulation inserted (Display of certain building permits) 5 2.19 Display of certain building permits 5 15. Combined allotments 5 16. Subdivision of existing buildings 6 17. Exemptions 6 18. Alterations 6 19. New regulation 5.8 inserted 7 5.8 Alterations which affect exits and paths of travel to exits 8 20. Extension of non-complying external wall 8 21. Branding of timber 8 22. Residential care buildings 8 23. Unsewered areas 9 24. Termite areas 9 25. New regulation 8.2 substituted 9 8.2 Authorised Officers 9 26. New regulation 8.5 substituted 10 8.5 Offences 10 27. Reporting authorities 10 28. Display of occupancy permit 10 9.6 Display of occupancy permit 10 29. Change of use 12 30. Documents to be lodged with council 12 -- 1 of 34 -- Regulation Page ii 31. Nomination of essential services in occupancy permit 13 32. Requirement to maintain essential services 13 33. New regulation 11.4A inserted 13 11.4A Display of determination 14 34. New regulations 11.5, 11.6 and 11.6A substituted 15 11.5 Owner's responsibility 15 11.6 Contents and form of annual essential services report 16 11.6A Display of annual essential services report 17 35. Building Appeals Board fees 17 36. Application of Part 17 37. Exemptions for certain building practitioners 17 38. Certificates of compliance 18 39. Schedule 2—Form 1 20 FORM 1—Application for a building permit 20 40. Schedule 2—Form 2 23 41. Schedule 2—Form 8 23 FORM 8—Certificate of final inspection 24 42. Schedule 2—Form 9 25 43. Schedule 2—Form 11 25 FORM 11—Occupancy permit 26 44. Schedule 2—Form 13 28 45. Schedule 2—New Form 15 inserted 28 FORM 15—Annual essential services report 28 ═══════════════ NOTES 30 -- 2 of 34 -- 1 STATUTORY RULES 1999 S.R. No. 74/1999 Building Act 1993 Building (Amendment) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 16 June 1999 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government STACEY ROBERTSON Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Building Regulations 1994— (a) to prescribe matters relating to the use and maintenance of buildings and places of public entertainment; and (b) to prescribe matters relating to the construction of buildings; and (c) to generally improve the operations of those Regulations. 2. Authorising provisions These Regulations are made under sections 7, 9, 261 and 262 and Schedule 1 of the Building Act 1993. -- 3 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 2 3. Commencement These Regulations come into operation on 1 July 1999. 4. Principal Regulations In these Regulations the Building Regulations 19941 are called the Principal Regulations. 5. Exemptions In Table 1.6 of regulation 1.6 of the Principal Regulations— (a) in paragraph (g), in column 2 for "Part G of the BCA" substitute "performance requirements GP1.1 and GP1.2 of Volume One of the BCA and performance requirements P2.2.4 and P2.5.3 of Volume Two of the BCA"; (b) in paragraph (m), in column 1 for "Clause A3.2 of the BCA" substitute "clause A3.2 of Volume One of the BCA and clause 1.3.2 of Volume Two of the BCA". 6. Use of performance requirements of the BCA In regulation 1.8(2) of the Principal Regulations in the definition of "fire performance requirement"— (a) in paragraph (c) after "fire safety" insert "for a Class 1b building and a Class 10 building not associated with a Class 1a building"; (b) in paragraph (d) after "BCA" insert "(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)". 7. Information to accompany applications In regulation 2.1(3) of the Principal Regulations for paragraph (b) substitute— r. 3 -- 4 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 3 "(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". 8. Reporting authorities In regulation 2.2 of the Principal Regulations— (a) in Table 2.2— (i) in column 2 of the item relating to the "chief officer", for "hydrants, hose reels" substitute "fire hydrants, fire hose reels"; (ii) in column 2 of the item relating to "Council", after "unsewered area" insert "or construction of a building over an existing reticulation system in an unsewered area"; (b) in sub-regulation (2) for paragraphs (a) and (b) substitute— "(a) fire hydrants; (b) fire hose reels;". 9. Issue of building permit In regulation 2.6 of the Principal Regulations after sub-regulation (3) insert— "(3A) 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.". 10. New regulation inserted After regulation 2.6 of the Principal Regulations insert— r. 8 -- 5 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 4 "2.6A Referral to the 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.". 11. Use of documents In regulation 2.9 of the Principal Regulations after "or a person authorised" insert "in writing". 12. Guarantees and bonds In regulation 2.14 of the Principal Regulations for sub-regulation (2) substitute— "(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. 11 -- 6 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 5 13. Documents to be lodged with council In regulation 2.15 of the Principal Regulations after sub-regulation (1)(l) insert— "(la) a consent of the relevant building surveyor under regulation 5.8;". 14. New regulation inserted (Display of certain building permits) After regulation 2.18 of the Principal Regulations insert— "2.19 Display of certain building permits An owner of an allotment must— (a) ensure that a copy of a building permit for the demolition or removal of a building on the allotment is displayed on the allotment in a conspicuous position accessible to the public as soon as practicable after the owner receives a copy of that permit; and (b) take all reasonable steps to ensure that a copy of that permit continues to be so displayed for the duration of that building work to which the permit applies. Penalty: 10 penalty units.". 15. Combined allotments In regulation 3.2 of the Principal Regulations for sub-regulation (2) substitute— "(2) In deciding whether to issue a statement under sub-regulation (1) the municipal building surveyor must take into account— r. 13 -- 7 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 6 (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.". 16. Subdivision of existing buildings In regulation 3.3 of the Principal Regulations for sub-regulation (3) substitute— "(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.". 17. Exemptions In regulation 3.12 of the Principal Regulations, sub-regulation (3) is revoked. 18. Alterations In regulation 5.7 of the Principal Regulations for sub-regulations (4) and (5) substitute— r. 16 -- 8 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 7 "(4) The relevant building surveyor may consent to partial compliance with sub-regulation (2) or (3). (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. (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— (a) 25% of the floor area of the existing building; or (b) 1000m2 — whichever is the lesser.". 19. New regulation 5.8 inserted After regulation 5.7 of the Principal Regulations insert— r. 19 -- 9 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 8 "5.8 Alterations which affect exits and paths of travel 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 the safety of people using the building.". 20. Extension of non-complying external wall In regulation 5.10 of the Principal Regulations for "Section C of the BCA" substitute "performance requirement P2.3.1 of Volume Two of the BCA". 21. Branding of timber In regulation 5.12(2) of the Principal Regulations for "Section B of the BCA" substitute "performance requirement BP1.1 of Volume One and performance requirement P2.1 of Volume Two of the BCA". 22. Residential care buildings In regulation 5.15 of the Principal Regulations, for sub-regulation (3) substitute— "(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 r. 20 -- 10 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 9 in accordance with Practice Note No. 7 reissued by the Building Control Commission in March 1999.". 23. Unsewered areas In regulation 6.1 of the Principal Regulations after "unsewered area" insert "or the construction of a building over an existing reticulation system in an unsewered area". 24. Termite areas In regulation 6.3(2) of the Principal Regulations— (a) for "Part B 1 of the BCA" substitute "performance requirement BP1.1 of Volume One of the BCA and performance requirement P2.1 of Volume Two of the BCA"; (b) in paragraph (a) for "structural member" substitute "primary building element". 25. New regulation 8.2 substituted For regulation 8.2 of the Principal Regulations substitute— '8.2 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 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10; and (b) the chief officer for offences against regulations 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10; and r. 23 -- 11 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 10 (c) the municipal building surveyor for offences against regulations 5.13, 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A 11.9 and 11.10.'. 26. New regulation 8.5 substituted For regulation 8.5 of the Principal Regulations substitute— "8.5 Offences The prescribed offences for the purposes of Division 5 of Part 13 of the Act are offences against regulations 5.13, 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10.". 27. Reporting authorities In regulation 9.3 of the Principal Regulations— (a) in paragraph (a)(ii) for "the fire brigade" substitute "a fire station or other approved monitoring service"; and (b) in paragraph (b) after "unsewered area" insert "or the construction of a building over an existing reticulation system in an unsewered area". 28. Display of occupancy permit For regulation 9.6 of the Principal Regulations substitute— "9.6 Display of occupancy permit (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 r. 26 -- 12 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 11 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. (3) Subject to sub-regulation (5) the relevant building surveyor must ensure that a location approved within a building under sub- regulation (2) is in a prominent position accessible to the occupants of the building. (4) The relevant building surveyor must ensure that a location approved within a place of public entertainment under sub-regulation (2) is in a prominent position accessible to the public. (5) In the classes of buildings referred to in regulation 15A.1, the location approved under sub-regulation (3) may be in an area to which access is available only with the authorisation of the owner. (6) 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. (7) An owner of a building (other than a Class 9 building) or place is not required to comply with sub-regulation (2) with respect to an occupancy permit which applied immediately before the commencement of the Building (Amendment) Regulations 1999 r. 28 -- 13 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 12 until the next anniversary of the date of that occupancy permit.". 29. Change of use In regulation 9.9 of the Principal Regulations for sub-regulation (2) substitute— "(2) Despite sub-regulation (1), the municipal building surveyor may exempt a building or place of public entertainment from compliance with any of the regulations applicable to the new use. (2A) 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. (2B) 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.". 30. Documents to be lodged with council r. 29 r. 30 -- 14 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 13 In regulation 9.10 of the Principal Regulations after sub-regulation (1)(l) insert— "(la) a consent of the relevant building surveyor under regulation 5.8;". 31. Nomination of essential services in occupancy permit (1) In regulation 11.3 of the Principal Regulations for paragraph (b) substitute— "(b) specifies for each essential service listed, the level of performance determined by the relevant building surveyor to enable the essential service to fulfil its purpose.". (2) At the end of regulation 11.3 of the Principal Regulations insert— '(2) In determining the level of performance of an essential service, the relevant building surveyor must specify the provision of the building regulations with which the installation and operation of the essential service 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.'. 32. Requirement to maintain essential services In regulation 11.4(1) of the Principal Regulations for "to which each essential service is to be maintained" substitute "and the frequency and type of maintenance required to enable the essential service to fulfil its purpose.". 33. New regulation 11.4A inserted r. 33 -- 15 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 14 After regulation 11.4 of the Principal Regulations insert— "11.4A Display of determination (1) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current determination under regulation 11.4 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. (2) Subject to sub-regulation (4) the relevant building surveyor must ensure that a location approved within a building under sub- regulation (1) is in a prominent position accessible to the occupants of the building. (3) The relevant building surveyor must ensure that a location approved within a place of public entertainment under sub-regulation (1) is in a prominent position accessible to the public. (4) In the classes of buildings referred to in regulation 15A.1, the location approved under sub-regulation (1) may be in an area to which access is available only with the authorisation of the owner. (5) An owner of a building or place of public entertainment must ensure that a copy of any current determination under regulation 11.4 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. -- 16 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 15 (6) An owner of a building or place is not required to comply with sub-regulation (1) with respect to a determination under regulation 11.4 which applied immediately before the commencement of the Building (Amendment) Regulations 1999 until the next anniversary of the date of that determination.". 34. New regulations 11.5, 11.6 and 11.6A substituted For regulation 11.5 and 11.6 of the Principal Regulations substitute— "11.5 Owner's responsibility An owner of a building or place of public entertainment in respect of which an occupancy permit which lists an essential service has been issued or a determination made under regulation 11.4 is applicable must ensure that— (a) an annual essential services report in accordance with regulation 11.6 is prepared before each anniversary of the date of the occupancy permit or determination under regulation 11.4; and (b) all annual essential services 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. r. 34 -- 17 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 16 11.6 Contents and form of annual essential services report The annual essential services report must— (a) be in the form of Form 15; 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 regulation 11.7 in respect of the essential service; 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 service is operating at the required level of performance; and (ii) each essential service has been maintained in accordance with the occupancy permit or determination under regulation 11.4; and (iii) there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building since the last annual essential services report, other than those for which a building permit has been issued; and (iv) the information contained in the report is correct. r. 34 -- 18 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 17 11.6A Display of annual essential services 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 services report in respect of that building or place of public entertainment is displayed and kept displayed at an approved location within the building or place. Penalty: 10 penalty units. (2) The location approved under sub-regulation (1) must be the same location as that at which the occupancy permit, or determination under regulation 11.4, for the building or place is required to be displayed.". 35. Building Appeals Board fees (1) In regulation 12.2(1)(b) of the Principal Regulations— (a) for "$200" substitute "$90"; (b) for "$400" substitute "$200". (2) In regulation 12.2(1)(f) of the Principal Regulations— (a) for "$300" substitute "$90"; (b) for "$600" substitute "$200". 36. Application of Part In regulation 14.2 of the Principal Regulations in sub-regulation (c) omit "or deemed-to-comply". 37. Exemptions for certain building practitioners In regulation 15.5 of the Principal Regulations in sub-regulation (1) after "business of carrying out domestic building work" insert "(other than demolition or removal of a home within the r. 35 -- 19 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 18 meaning of the Domestic Building Contracts Act 1995)". 38. Certificates of compliance For regulation 15.7(1) of the Principal Regulations substitute— "(1) 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) 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. 38 -- 20 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 19 (1A) 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) 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 erector or supervisor (temporary structures) in the appropriate class.". r. 38 -- 21 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 20 39. Schedule 2—Form 1 For Form 1 of Schedule 2 of the Principal Regulations substitute— "FORM 1 Building Act 1993 BUILDING REGULATIONS 1994 Regulation 2.1(1)(a) APPLICATION FOR A BUILDING PERMIT To (Building surveyor) From Owner/Agent of Owner* * delete as applicable 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 r. 39 -- 22 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 21 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 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 permit3 Name Category/Class Registration No. Name Category/Class Registration No. Nature of building work* Construction of a new building [ ] Alterations to an existing building [ ] Demolition of a building [ ] Removal of a building [ ] Extension to an existing building [ ] Change of use of an existing building [ ] Re-erection of a building [ ] Other [ ] Proposed use of building 4 * Tick if applicable or give other description r. 39 -- 23 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 22 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 $ Stage of building work If application is to permit a stage of the work— Extent of stage Value 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; 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 except in Part 9 and sections 24(3) and 176(6) of the Act; or (j) a person (other than a domestic builder) who does not carry on the business of building. r. 39 -- 24 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 23 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. Note 5: If an owner builder, restrictions on the sale of the property apply under section 137B of the Act. Section 137B also prohibits an owner builder of domestic building work from selling the building within 6½ years from the date of completion of the relevant works unless they have satisfied certain requirements including obtaining compulsory insurance. The Building Control Commission maintains a current list of domestic insurance providers.". 40. Schedule 2—Form 2 In Form 2 of Schedule 2 of the Principal Regulations— (a) after "Owner/Agent of owner* Postal address Postcode" insert— "Address for serving or giving of documents Postcode"; (b) after "(insert name of policy issuer or provider)" insert— "Details of relevant planning permit (delete if not applicable) Planning permit no. Date of grant of planning permit". 41. Schedule 2—Form 8 r. 40 r. 41 -- 25 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 24 For Form 8 of Schedule 2 of the Principal Regulations substitute— "FORM 8 Building Act 1993 BUILDING REGULATIONS 1994 Regulation 7.3 CERTIFICATE OF FINAL INSPECTION To Owner Postal address Postcode Copy to Agent of owner Postal address Postcode 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 Display of certificate of final inspection For a building or place of public entertainment, which has a required essential service, the approved location for display of this certificate and the annual essential services report (if applicable) is Directions -- 26 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 25 All directions under Part 4 of the Building Act 1993 have been complied with. Relevant Building Surveyor Name Registration No. Postal address Postcode Signature Certificate Certificate No. Date of inspection Date of issue .". 42. Schedule 2—Form 9 In Form 9 of Schedule 2 of the Principal Regulations after Note 2 insert— "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.". 43. Schedule 2—Form 11 For Form 11 of Schedule 2 of the Principal Regulations substitute— r. 42 -- 27 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 26 "FORM 11 Building Act 1993 BUILDING REGULATIONS 1994 Regulation 9.5 OCCUPANCY PERMIT To Owner Postal address Postcode Contact person Telephone Copy to Agent of owner (if applicable) Postal address Postcode From Relevant building surveyor Postal address Postcode 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 r. 43 -- 28 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 27 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 Conditions Occupation is subject to the following conditions (1) Essential services Essential services must be maintained in accordance with the following table: Essential service BCA or other provision to which essential service has been installed and is to operate Frequency and type of maintenance required (2) Other conditions (delete if not applicable) Display of occupancy permit For a building or place of public entertainment which has a required essential service the approved location for display of this permit and the annual essential services report (if applicable) is Suitability for occupation The building or part of a building to which this certificate applies is suitable for occupation. Signature of relevant building surveyor Registration No. Occupancy Permit No. Date of inspection Date of issue .". r. 43 -- 29 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 28 44. Schedule 2—Form 13 In Form 13 of Schedule 2 of the Principal Regulations for "CERTIFICATE OF COMPLIANCE—DOCUMENTS" substitute "CERTIFICATE OF COMPLIANCE— DESIGN". 45. Schedule 2—New Form 15 inserted After Form 14 of Schedule 2 of the Principal Regulations insert— "FORM 15 Building Act 1993 BUILDING REGULATIONS 1994 Regulation 11.6 ANNUAL ESSENTIAL SERVICES REPORT This report is in relation to Occupancy Permit No. issued or determination made under regulation 11.4 dated and is required to be prepared before each anniversary of the date of that occupancy permit or determination. Maintenance personnel details The following personnel carried out maintenance on the essential services in this building during the preceding 12 months. Essential service Name Address Details of any inspection report made under regulation 11.7 Compliance I hereby state that I have/the owner has* taken all reasonable steps to ensure that— * delete as applicable (i) each essential service is operating at the required level of performance; and r. 44 -- 30 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 29 (ii) each essential service has been maintained in accordance with the occupancy permit or determination under regulation 11.4; and (iii) there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building since the last essential services report, other than those for which a building permit has been issued; and (iv) the information contained in this report is correct. Signature Owner/agent of owner* * delete as applicable Date .". ═══════════════ r. 45 -- 31 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 30 NOTES 1 Reg. 4: S.R. No. 81/1994. Reprint No. 4 as at 14 May 1998. —— Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5 Building Code of Australia 1996 published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix 1996 to that Code published by that Board as that Appendix is amended or remade from time to time. Performance Requirements GP1.1 and GP1.2 and clause A3.2 of Volume One; and Performance Requirements P2.2.4 and P2.5.3 and clause 1.3.2 of Volume Two. Notes -- 32 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 31 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 7 Building Code of Australia 1996 published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix 1996 to that Code published by that Board as that Appendix is amended or remade from time to time. Clause A2.2 of Volume One; and clause 1.2.2 of Volume Two. Regulation 19 Building Code of Australia 1996 published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix 1996 to that Code published by that Board as that Appendix is amended or remade from time to time. Section D of Volume One. -- 33 of 34 -- S.R. No. 74/1999 Building (Amendment) Regulations 1999 32 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 20 Building Code of Australia 1996 published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix 1996 to that Code published by that Board as that Appendix is amended or remade from time to time. Performance Requirement P2.3.1 of Volume Two. Regulations 21 and 24 Building Code of Australia 1996 published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix 1996 to that Code published by that Board as that Appendix is amended or remade from time to time. Performance Requirement BP1.1 of Volume One; and Performance Requirement P2.1 of Volume Two. Regulation 22 Practice Note No. 7 re-issued by the Building Control Commission in March 1999. Whole. -- 34 of 34 --