Building (Amendment) Regulations 1997

i Building (Amendment) Regulations 1997 S.R. No. 79/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Exemptions 2 6. Building Code of Australia 5 1.7 Building Code of Australia 6 7. New regulations 1.8 and 1.9 inserted 6 1.8 Use of performance requirements of the BCA 7 1.9 Effect of accreditation of building products 9 8. Reporting authorities 9 9. New regulation 2.15 substituted 10 2.15 Documents to be lodged with council 10 10. Lodgement fees 11 11. Self contained smoke alarms 11 12. New regulation 5.15 inserted 11 5.15 Residential care buildings 12 13. Infringement notices 13 14. New regulation 9.10 inserted 14 9.10 Documents to be lodged with council 14 15. Application and interpretation 15 16. Building Appeals Board fees 15 17. Prescribed qualifications and classes 16 18. Transitional 17 19. Certificates of compliance 18 20. New Part 15A inserted 18 PART 15A—EXEMPTIONS IN RELATION TO CERTAIN BUILDINGS 18 15A.1 Exemptions in relation to certain buildings 18 21. Schedule 2—Form 3 20 22. Schedule 2—Form 4 20 23. Schedule 2—Form 5 21 24. Schedule 2—Form 10 21 ═══════════════ NOTES 22 -- 1 of 23 -- 1 STATUTORY RULES 1997 S.R. No. 79/1997 Building Act 1993 Building (Amendment) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 29 July 1997 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Building Regulations 1994— (a) to adopt with modifications the Building Code of Australia; and (b) to make changes arising from the amendment of the Building Act 1993 by the Building (Further Amendment) Act 1997; and (c) to prescribe matters relating to fire safety in certain existing residential buildings; and (d) to generally improve the operation of those Regulations. 2. Authorising provisions These Regulations are made under the powers contained in sections 3, 7, 9, 14, 15, 16, 30, 73, -- 2 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 2 170, 238, 261 and 262 and Schedules 1 and 2 of the Building Act 1993. 3. Commencement (1) These Regulations (except Regulation 16(1)) come into operation on 1 August 1997. (2) Regulation 16(1) comes into operation on 1 January 1998. 4. Principal Regulations In these Regulations the Building Regulations 1994 1 are called the Principal Regulations. 5. Exemptions In Table 1.6 of regulation 1.6 of the Principal Regulations— (a) in paragraph (c) after "fence" insert "(other than a fence forming part of a safety barrier for a swimming pool constructed on or after 8 April 1991 or a fence forming part of a children’s service outdoor play space)". (b) after paragraph (d) insert— '(da) Any facility (within the meaning of paragraph (b) of the definition of "facility" in section 7 in the Telecommunications Act 1997 of the Commonwealth) to be constructed or demolished by a carrier (within the meaning of that section).' Parts 2 and 3 and Parts 5 to 16 (c) after paragraph (kc) insert— "(kd) Re-erection of a re- locatable building used as a State School (within the All Parts except Part 1 r. 3 -- 3 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 3 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 Educational Training Act 1990) if— (i) the building will not have a floor area of more than 300m2 ; and (ii) the building or building work will not adversely affect the structural soundness of that, or any other building; and (iii) the building or building work will not adversely affect the safety of the public or the occupiers of the building.". (d) in paragraph (l) after "will not" (where twice occurring) insert "adversely". (e) after paragraph (l) insert— "(la) Construction or demolition of a Class 10 building if the building work— All Parts except Parts 1 and 4 (i) has a cost of less than $5000 (including the value of all labour and materials); and r. 5 -- 4 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 4 (ii) will not adversely affect the structural soundness of any building; and (iii) will not adversely affect the safety of the public or occupiers of any building; and (iv) will not project beyond the street alignment; and (v) is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995; and (vi) will not involve construction over an easement vested in the council or other authority specified in regulation 2.4. (lb) Alterations to a building if the building work— All Parts except Parts 1 and 4 (i) has a cost of less than $5000 (including the value of all labour and materials); and (ii) will not adversely affect the structural soundness of any building; and (iii) will not adversely affect the safety of the public r. 3 -- 5 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 5 or occupiers of any building; and (iv) will not project beyond the street alignment; and (v) is not demolition, removal or re-erection of a building; and (vi) is not work in relation to an item listed in Table 11.2 which was required by or under these Regulations or any corresponding previous regulations to be provided in the building; and (vii) is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995; and (viii) will not involve construction over an easement vested in the council or other authority specified in regulation 2.4.". 6. Building Code of Australia For regulation 1.7 of the Principal Regulations substitute— r. 6 -- 6 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 6 "1.7 Building Code of Australia (1) The BCA is adopted by and forms part of these Regulations as modified by this regulation. (2) In the definition of Certificate of Accreditation in the BCA, a State or Territory accreditation authority means the Building Regulations Advisory Committee. (3) 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 15.7. (4) 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 15.7. (5) For the purposes of these Regulations, buildings must be classified as set out in the BCA. (6) 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.". 7. New regulations 1.8 and 1.9 inserted After regulation 1.7 of the Principal Regulations insert— r. 7 -- 7 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 7 '1.8 Use of performance requirements of the BCA (1) 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 that the alternative solution complies with that performance requirement; or (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 r. 7 -- 8 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 8 (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 2.2 which states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that alternative solution. (2) In this regulation— "fire performance requirement" means— (a) performance requirement BP1.1, DP2 or DP3 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, DP4, DP5, DP6, 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 of Volume Two of the BCA (to the extent that it relates to fire safety); or (d) performance requirement P2.3.1 or P2.3.2 of Volume Two of the BCA; r. 7 -- 9 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 9 "fire safety engineer" means a registered building practitioner in the category of engineer, class of fire safety engineer. 1.9 Effect of accreditation of building products For the purposes of sections 14 and 15 of the Act the Australian Building Codes Board is a prescribed body.'. 8. Reporting authorities (1) In regulation 2.2 of the Principal Regulations, in Table 2.2, for column 2 of the item relating to the chief officer substitute— "The following fire safety matters if those matters do not meet the deemed-to-satisfy provisions in the BCA: hydrants, hose reels, fire control centres or rooms, fire precautions during construction, fire mains, control valves, booster assemblies, emergency vehicle access, fire indicator panels, or proscenium curtain drencher systems.". (2) For sub-regulation 2.2(2) of the Principal Regulations substitute— "(2) The consent and report 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) hydrants; (b) hose reels; (c) fire control centres or rooms; (d) fire precautions during construction; (e) fire mains; (f) control valves; r. 8 -- 10 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 10 (g) booster assemblies; (h) emergency vehicle access; (i) fire indicator panels; (j) proscenium curtain drencher system.". 9. New regulation 2.15 substituted For regulation 2.15 of the Principal Regulations substitute— "2.15 Documents to be lodged with 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 24(4) of the Act; (b) a notice given to the relevant building surveyor under section 24(4A) of the Act; (c) a notice served on the relevant building surveyor under section 84 of the Act; (d) a notice given to the relevant building surveyor under section 85 of the Act; (e) a determination of the relevant building surveyor under section 87 of the Act; (f) a determination of the Building Appeals Board; (g) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA; (h) a report and consent of a reporting authority referred to in regulation 2.2; (i) a determination of the relevant building surveyor under regulation 3.2; r. 9 -- 11 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 11 (j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3; (k) a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to protect the safety of the public; (l) a consent of the relevant building surveyor under regulation 5.7; (m) an exemption given by the relevant building surveyor under regulation 9.9; (n) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3). (2) The prescribed time for the purposes of section 30(1A) of the Act is 7 days after the issue of the building permit.". 10. Lodgement fees In regulation 2.16 of the Principal Regulations for "$3000" substitute "$5000". 11. Self contained smoke alarms In regulation 5.14 of the Principal Regulations for sub-regulation (1) substitute— "(1) 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.". 12. New regulation 5.15 inserted After regulation 5.14 of the Principal Regulations insert— r. 10 r. 12 -- 12 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 12 "5.15 Residential care buildings (1) This regulation applies to any building— (a) which is a place of residence for persons who need physical assistance in conducting their daily activities and to evacuate the building during an emergency (including any supported residential service, hostel or nursing home as defined in the Health Services Act 1988) but does not include— (i) a hospital; or (ii) a dwelling in which two or more members of the same family and not more than two other persons would ordinarily be resident; or (iii) a place of residence where less than 10% of residents need physical assistance in conducting their daily activities and to evacuate the building during an emergency; and (b) 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— Residential must be installed in each building to which this regulation applies. (3) If the sprinkler system referred 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 the fire brigade in accordance with Practice Note -- 13 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 13 No. 7 reissued by the Building Control Commission in July 1997. (4) This regulation must be complied with— (a) within 5 years of the date of commencement of this regulation; or (b) if a contract for the sale of the building is entered into after that commencement, within 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 purchaser becomes entitled to possession or to the receipt of rents and profits under the contract— whichever is earlier. (5) This regulation must be complied with by— (a) in the case of 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 building; and (b) in the case of any other building, the owner of that building. (6) A person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 10 penalty units.". 13. Infringement notices r. 12 r. 13 -- 14 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 14 (1) In regulation 8.2(a) of the Principal Regulations after "against regulations" insert "11.4,". (2) In regulation 8.2(b) of the Principal Regulations after "5.14," insert "5.15, 11.4". (3) In regulation 8.2(c) of the Principal Regulations after "5.14," insert "5.15, 11.4". (4) In regulation 8.5 of the Principal Regulations after "5.14," insert "5.15, 11.4". 14. New regulation 9.10 inserted After regulation 9.9 of the Principal Regulations insert— "9.10 Documents to be lodged with council (1) 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 24(4) of the Act; (b) a notice given to the relevant building surveyor under section 24(4A) of the Act; (c) a notice served on the relevant building surveyor under section 84 of the Act; (d) a notice given to the relevant building surveyor under section 85 of the Act; (e) a determination of the relevant building surveyor under section 87 of the Act; (f) a determination of the Building Appeals Board; (g) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA; -- 15 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 15 (h) a report and consent of a reporting authority referred to in regulation 2.2; (i) a determination of the relevant building surveyor under regulation 3.2; (j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3; (k) a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to protect the safety of the public; (l) a consent of the relevant building surveyor under regulation 5.7; (m) an exemption given by the relevant building surveyor under regulation 9.9; (n) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3). (2) The prescribed time for the purposes of section 73(1A) of the Act is 7 days after the issue of the occupancy permit.". 15. Application and interpretation (1) In regulation 11.1 of the Principal Regulations for "This Division" substitute "(1) Subject to sub- regulation (2), this Division". (2) At the end of regulation 11.1 of the Principal Regulations insert— "(2) This Division does not apply to a smoke alarm installed in a sole-occupancy unit in a Class 1b, Class 2 or Class 3 building or Class 4 part of a building.". 16. Building Appeals Board fees r. 15 r. 16 -- 16 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 16 (1) In regulation 12.2(1)(b) of the Principal Regulations— (a) for "$90" substitute "$200"; and (b) for "$200" substitute "$400". (2) After regulation 12.2(1)(e) of the Principal Regulations insert— "or (f) in the case of an application under section 160A of the Act— (i) $300 in any matter involving a Class 1 or 10 building; and (ii) $600 in any matter involving a building other than Class 1 or 10.". 17. Prescribed qualifications and classes In regulation 15.3(1) of the Principal Regulations— (a) for paragraph (b) substitute— "(b) Category of building inspector (unlimited)— (i) an associate diploma of applied science (building inspection) from a course accredited under the Vocational Education and Training Act 1990; and (ii) 3 years of practical experience to the satisfaction of the Board; (ba) Category of building inspector (limited)— (i) an associate diploma of applied science (building inspection) from a course accredited under the -- 17 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 17 Vocational Education and Training Act 1990; and (ii) 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 specified in the certificate;". (b) after paragraph (f) insert— "(fa) Category of engineer, class of fire safety engineer— (i) the following qualifications— (A) a degree in fire safety engineering 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; or (ii) a current certificate of registration as a fire safety engineer on the National Professional Engineers Register—Section Three (NPER- 3);". 18. Transitional After regulation 15.4 (12) of the Principal Regulations insert— "(13) A building practitioner who immediately before the commencement of the Building (Amendment) Regulations 1997 was registered under Part 11 of the Act as a building inspector is deemed on that r. 18 -- 18 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 18 commencement to be registered under that Part as a building inspector (unlimited).". 19. Certificates of compliance In regulation 15.7(1) of the Principal Regulations— (a) after paragraph (c) insert— "(ca) for a certificate relating to a fire safety matter—category of engineer, class of fire safety engineer;". (b) in paragraph (f)(ii) after "(c)" insert ", (ca)". 20. New Part 15A inserted After Part 15 of the Principal Regulations insert— "PART 15A—EXEMPTIONS IN RELATION TO CERTAIN BUILDINGS 15A.1 Exemptions in relation to certain buildings (1) Sections 23, 30, 47, 73 of the Act do not apply to a relevant building surveyor and Clause 1(d) of Schedule 2 of the Act does not apply to an applicant for a building permit 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 established under section 58 of that Act and that are situated on Crown land or land in relation to which the r. 19 -- 19 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 19 Secretary to the Department of Human Services or the Director of Housing is registered as proprietor; (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 (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 r. 20 -- 20 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 20 accommodation by a registered residential service within the meaning of the Intellectually Disabled Persons' Services Act 1986; (f) premises that are used or intended to be used as a courthouse by a court; (g) premises that are used or intended to be used as a police station; (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 (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; (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.". 21. Schedule 2—Form 3 Form 3 of Schedule 2 of the Principal Regulations is revoked. 22. Schedule 2—Form 4 In Form 4 of Schedule 2 of the Principal Regulations— r. 21 r. 22 -- 21 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 21 (a) for "Building At 1993" substitute "Building Act 1993"; and (b) for "Builder name1 " substitute "Builder name"; and (c) for "Builder address1 " substitute "Builder address"; and (d) for "ownership 2 " substitute "ownership". 23. Schedule 2—Form 5 In Form 5 of Schedule 2 of the Principal Regulations for "building works" substitute "building work". 24. Schedule 2—Form 10 In Form 10 of Schedule 2 of the Principal Regulations for "Building practitioners1 " substitute "Building practitioners". ═══════════════ -- 22 of 23 -- S.R. No. 79/1997 Building (Amendment) Regulations 1997 22 NOTES 1 S.R. No. 81/1994. Reprinted to S.R. No. 161/1996. 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. Table of Applied, Adopted or Incorporated Matter Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document 6, 7, 8, 9, 14 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. Whole 5 Telecommunications Act 1997 of the Commonwealth Section 7 12 AS 2118.4—1995 Automatic fire sprinkler systems— Residential Whole 12 Practice Note No. 7 re-issued by the Building Control Commission in July 1997 Whole Notes -- 23 of 23 --