Building Amendment Regulations 2014

Building Amendment Regulations 2014

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Building Act 2000 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

Peter C. Gutwein

Treasurer

1.   Short title

These regulations may be cited as the Building Amendment Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Building Regulations 2004 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of B landslip area :

bushfire hazard management plan has the same meaning as in section 60A of the Fire Service Act 1979 ;

(b) by omitting the definition of bushfire-prone area and substituting the following definition:

bushfire-prone area means –

(a) land other than land that is within the boundary of an area shown as being not bushfire-prone on a planning scheme map or on an overlay on a planning scheme map; and

(b) where there is no area shown as being not bushfire-prone on a planning scheme map or on an overlay on a planning scheme map, land that is within 100 metres of an area of bushfire-prone vegetation equal to or greater than one hectare;

(c) by inserting "or is zoned general residential, inner residential or village" after "purposes" in the definition of bushfire-prone vegetation ;

(d) by omitting " Water and Sewerage Corporations Act 2008 " from paragraph (f) of the definition of public or other authority and substituting " Water and Sewerage Corporation Act 2012 ";

(e) by omitting "3" from paragraph (b) of the definition of Type 1 exempt outbuilding and substituting "3.2";

(f) by omitting "easement;" from paragraph (d) of the definition of Type 1 exempt outbuilding and substituting "easement; and";

(g) by inserting the following paragraph after paragraph (d) in the definition of Type 1 exempt outbuilding :

(e) if it is situated in a bushfire-prone area, it is not within 6 metres of any habitable building;

(h) by omitting "easement." from paragraph (g) of the definition of Type 2 exempt outbuilding and substituting "easement; and";

(i) by inserting the following paragraph after paragraph (g) in the definition of Type 2 exempt outbuilding :

(h) if it is situated in a bushfire-prone area, it is not within 6 metres of any habitable building.

5.    Regulation 4 amended (Certain buildings and building work exempt from requirement for building permit)

Regulation 4 of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (ab)(v) "easement;" and substituting "easement; and";

(b) by inserting the following subparagraphs after subparagraph (v) in paragraph (ab) :

(vi) appurtenant to a Class 1 building; and

(vii) not covered by a roof, pergola, trellis, garden arch or frame;

(c) by omitting paragraph (s) and substituting the following paragraphs:

(s) crop protection structures for use in agricultural or horticultural production –

(i) which are covered by netting, shade cloth or similar open-weave material; or

(ii) which consist of a proprietary system of tunnel frames covered with flexible non-permeable material, provided that water runoff is not likely to cause a nuisance;

(t) a wharf, jetty, marina or pontoon that –

(i) is permanently attached to land; and

(ii) does not have a building on it.

6.    Regulation 4B substituted

Regulation 4B of the Principal Regulations is rescinded and the following regulation is substituted:

4B.   Minor alterations and minor repairs

(1)  For the purposes of section 60(2)(b) of the Act, proposed work is not a minor alteration or a minor repair if it –

(a) is the addition of a room; or

(b) affects the structural adequacy of the building including underpinning of foundations; or

(c) is a conversion of a non-habitable space, including an attic or a garage, into a habitable room; or

(d) requires specialist design input from a practitioner in an area such as foundations or geotechnical design, engineering, energy efficiency, building services or fire safety; or

(e) affects any matters that a permit authority would need to take into account under section 71 of the Act or regulation 18 ; or

(f) is work that is required to be referred to a reporting authority; or

(g) is work that a function control authority has advised is of interest to it; or

(h) is to a building on the Heritage Register; or

(i) affects the requirements necessary to avoid the spread of fire to or from any adjoining building; or

(j) subject to subregulation (2) , is work in a landslip area, or in a bushfire-prone area, or on land subject to flooding and would adversely affect the stability of the land, or resistance to bushfires or mitigation of flood damage; or

(k) is over any services or easements; or

(l) involves the demolition or removal of materials containing asbestos, unless it is exempt removal work within the meaning of the Work Health and Safety Regulations 2012 ; or

(m) impacts on the protection of any adjoining property; or

(n) will adversely affect the safety, health or amenity of people using the building; or

(o) impacts on the maintenance of any prescribed features or measures of the building; or

(p) would trigger a change in the building’s occupancy permit; or

(q) involves a change of use, or a change of building classification, of the existing building or of the part being altered.

(2)  Subregulation (1)(j) does not apply in respect of a bushfire-prone area if the building surveyor has received a certificate issued under section 266 of the Act stating that the alteration or repair does not give rise to an increased bushfire risk to the building.

7.    Regulation 8A inserted

After regulation 8 of the Principal Regulations , the following regulation is inserted in Part 1:

8A.   Adoption of Building Code of Australia

(1)  Subject to subregulations (2) , (3) , (4) , (5) , (6) , (7) and (8) , the Building Code of Australia, as amended from time to time, is adopted as part of these regulations.

(2)  Part A1.1 of Volume One and Part 1.1 of Volume Two of the Building Code of Australia is modified by omitting the definitions of defined flood event, defined flood level, flood hazard area and freeboard and substituting the following definitions:

defined flood event means a flood event that causes flooding to the defined flood level;

defined flood level means the designated flood level as specified in regulation 12 of the Building Regulations 2004 of Tasmania;

flood hazard area means land that is subject to flooding;

freeboard means a height of not less than 300mm above the defined flood level;

(3)  Clause Tas G5.4(a) of Volume One of the Building Code of Australia is modified by omitting subparagraph (i) and substituting the following subparagraph:

(i) a fire hydrant; or

(4)  Clause Tas 3.7.4.2(a) of Volume Two of the Building Code of Australia is modified by omitting subparagraph (i) and substituting the following subparagraph:

(i) a fire hydrant; or

(5)  Clause D2.10 of Volume One of the Building Code of Australia is modified by omitting paragraph (c) and substituting the following paragraph:

(c) The floor surface of a ramp must have a non-slip finish.

(6)  Clause D2.13(a) of Volume One of the Building Code of Australia is modified by omitting subparagraph (v) and substituting the following subparagraph:

(v) treads must have a slip-resistant finish or an adequate non-skid strip near the edge of the nosings;

(7)  Clause D2.14(a) of Volume One of the Building Code of Australia is modified by omitting subparagraph (ii) and substituting the following subparagraph:

(ii) have a non-slip finish throughout or an adequate non-skid strip near the edge of the landing where it leads to a flight below; and

(8)  Clause 3.9.1.3 of Volume Two of the Building Code of Australia is modified by omitting paragraph (g) and substituting the following paragraph:

(g) treads must have a slip-resistant finish or an adequate non-skid strip near the edge of the nosings;

(9)  Subregulations (3) , (4) , (5) , (6) , (7) and (8) cease to have effect on 1 May 2015.

8.    Part 2, Division 3: Heading amended

Division 3 of Part 2 of the Principal Regulations is amended by omitting "Site restrictions" from the heading to that Division and substituting "Flood hazard areas".

9.    Regulation 13 amended (Reliance on certificate issued by specialist or other person)

Regulation 13 of the Principal Regulations is amended as follows:

(a) by inserting the following subregulation after subregulation (2) :

(2A)  A certificate submitted under subregulation (2) in relation to inspection, assessment, testing, reporting or advising on natural hazards, site conditions or the design actions to which a building may reasonably expect to be subjected, is to report on the natural hazards, site conditions, design actions, materials or forms of construction relevant to the area of speciality as determined by the Director for that certificate.

(b) by inserting in subregulation (3) "in relation to building work or associated building work" after " subregulation (2) ".

10.    Regulation 18 amended (Granting of building permits)

Regulation 18(1) of the Principal Regulations is amended as follows:

(a) by omitting paragraphs (b) , (c) and (ca) and substituting the following paragraph:

(b) in a bushfire-prone area, the relevant bushfire hazard management plan required for a planning permit;

(b) by omitting paragraph (ea) .

11.    Regulation 20 amended (Distribution of documents)

Regulation 20 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulation:

(3)  The builder must ensure that the following documents are on the site while the building work is being carried out:

(a) the documents referred to in subregulation (1)(b) ;

(b) if there is any variation of the building work –

(i) the written consent of the building surveyor given under section 85(2) of the Act; and

(ii) the amended design documentation certified under section 85(3)(b) of the Act.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

12.    Regulation 27A amended (Requirements before building demolition or removal – asbestos)

Regulation 27A of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(b) " Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998 " and substituting "Chapter 8 of the Work Health and Safety Regulations 2012 ";

(b) by omitting from subregulation (2) " Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998 " and substituting "Chapter 8 of the Work Health and Safety Regulations 2012 ".

13.    Regulation 43 substituted

Regulation 43 of the Principal Regulations is rescinded and the following regulation is substituted:

43.   Interpretation

In this Part –

other prescribed features or measures means any features or measures which are required to be provided in, or associated with, a building and are required by the Director to be maintained and which relate to the following:

(a) access for persons with a disability;

(b) energy efficiency;

(c) water efficiency;

(d) the safety of occupants of a building in case of bushfire, flood, landslip or coastal inundation;

prescribed essential safety and health feature means –

(a) any safety and health feature which is required to be provided in, or associated with, a building and which is required by the Director to be maintained and which relates to the following:

(i) building fire integrity;

(ii) means of egress;

(iii) signs;

(iv) lighting;

(v) fire-fighting services and equipment;

(vi) air-handling systems;

(vii) automatic fire detection and alarm systems;

(viii) occupant warning systems;

(ix) lifts;

(x) standby power supply systems;

(xi) natural or mechanical ventilation;

(xii) hot water, warm water and cooling water systems;

(xiii) other features required in a building including barriers, fencing and glazed assemblies;

(xiv) any other feature provided in a building, or provided as a result of an alternative solution, which is designated by the relevant building surveyor as an essential safety and health feature;

(xv) any other feature designated as an essential safety and health feature in accordance with any building regulations in force at the time the work is performed; and

(b) any plumbing features which are required to be provided in, or associated with, a building and which are required by the Director to be maintained in accordance with the Plumbing Regulations 2004 and which relate to the following:

(i) an on-site waste water management system;

(ii) a testable backflow prevention device;

(iii) a thermostatic mixing valve or tempering valve installed in an early childhood centre, primary or secondary school, hospital, nursing home, or similar facility for young, elderly, sick or disabled people;

(iv) on-site liquid trade waste pre-treatment equipment;

(v) any other plumbing feature provided in a building, or provided as an alternative solution, which is designated by the Permit Authority – Plumbing as an essential safety and health feature;

prescribed essential safety and health measure means any safety and health measure which is required to be provided in, or associated with, a building and which is required by the Director to be maintained and which relates to the following:

(a) building clearance and fire appliance access;

(b) building use and application;

(c) emergency evacuation procedures;

(d) any other measure provided in a building, or provided as an alternative solution, which is designated by the relevant building surveyor as an essential safety and health measure;

(e) any other plumbing measure provided in a building, or provided as an alternative solution, which is designated by the Permit Authority – Plumbing as an essential safety and health measure;

(f) any other measure designated as an essential safety and health measure in accordance with any building regulations in force at the time the work is performed;

prescribed features and measures means –

(a) prescribed essential safety and health features; and

(b) prescribed essential safety and health measures; and

(c) other prescribed features or measures.

14.    Regulation 46 amended (Standard of maintenance of prescribed features and measures)

Regulation 46 of the Principal Regulations is amended as follows:

(a) by omitting subsubparagraph (B) from subregulation (1)(b)(i) and substituting the following subsubparagraph:

(B) the standard for that prescribed essential safety and health feature specified by the Director; and

(b) by omitting paragraph (a) from subregulation (2) and substituting the following paragraph:

(a) maintain the prescribed essential safety and health measure to a standard specified by the Director; and

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 June 2014

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) clarifying the adoption of the Building Code of Australia as part of those regulations; and

(b) giving effect to a new flood standard referred to in that Building Code; and

(c) amending definitions relating to bushfire-prone areas; and

(d) clarifying that agricultural crop protection polytunnels do not require a building permit; and

(e) making other minor amendments.