Building Regulations 2014

Building Regulations 2014

I, the Lieutenant-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 .

18 June 2014

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

PETER GUTWEIN

Treasurer

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Building Regulations 2014 .

2.   Commencement

These regulations take effect on 30 June 2014.

3.   Interpretation

(1)  In these regulations –

A landslip area means an area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be an A landslip area;

Act means the Building Act 2000 ;

Anti-Discrimination Commissioner means the person appointed under section 5 of the Anti-Discrimination Act 1998 ;

application means an application for a permit to carry out building work;

B landslip area means an area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be a B landslip area;

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

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;

bushfire-prone vegetation means contiguous vegetation including grasses and shrubs but not including maintained lawns, parks or gardens, nature strips, plant nurseries, golf courses, vineyards, orchards or vegetation on land that is used for horticultural purposes or is zoned general residential, inner residential or village;

Chief Officer means the person appointed as Chief Officer under the Fire Service Act 1979 ;

commenced, in relation to building work, means commenced on site;

completed, in relation to building work, means any completed building work –

(a) that is authorised by a building permit; and

(b) in respect of which a certificate of completion (building work) has been issued under section 112 of the Act;

contiguous means separated by less than 20 metres;

demolisher means a person who –

(a) demolishes or removes a building or part of a building; or

(b) is responsible for the demolition or removal of a building or part of a building;

electricity supply entity means a person licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ;

exempt outbuilding includes an aviary, pigeon loft, fowl house and enclosure, kennel, dog or cat enclosure, boat shed, cycle shed, fuel shed, garden shed, glass house, potting shed, greenhouse, tool house, conservatory, implement shed, summer house, fernery, cabana, shade house, shade sail or awning, cubby house and any similar building;

farm building means a building which has low human occupancy and –

(a) is associated with and located on land devoted to the practice of farming; and

(b) is used essentially for –

(i) housing machinery and equipment; or

(ii) livestock; or

(iii) the production, storage or processing of agricultural and horticultural produce or feed; and

(c) may include, but is not limited to, a hayshed, implement shed, grain and fertiliser store, cool store for vegetables and fruit, piggery, poultry shed, shearing shed, farm dairy, milking shed, grain silo and silage bunker, greenhouse, farm workshop, fruit-packing shed, egg-grading room and garage not attached to a farm residence;

fire safety system includes any one or more of the following:

(a) booster assemblies;

(b) fire mains, hydrants and hose reels;

(c) sprinklers;

(d) fire and smoke alarms;

(e) fire control centres;

(f) provisions for special fire hazard buildings;

(g) stairwell pressurisation;

(h) air-handling systems;

(i) smoke and heat vents;

(j) smoke exhausts;

(k) emergency lifts;

(l) emergency warning and intercommunication systems;

food premises means food premises as determined in Tas Part H102 of the Building Code of Australia;

Food Premises Verification Analysis means a hazard analysis of food premises undertaken in accordance with the specified Food Premises verification method determined by the Director;

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

Heritage Register means the register kept under section 15 of the Historic Cultural Heritage Act 1995 ;

land includes any building on the land;

landslip area means an area of land declared under Part 9A of the Mineral Resources Development Act 1995 to be an A landslip area or a B landslip area;

off-site disposal system means a removable pan, or other service, approved by the general manager;

place of assembly has the same meaning as in the Public Health Act 1997 ;

practising means actually engaged in the relevant field of practice;

professional engineer means a professional engineer within the meaning of the Building Code of Australia;

public holiday includes any day or part of a day that is a bank holiday or bank part holiday within the meaning of the Statutory Holidays Act 2000 ;

public land means land under the administrative control of a public or other authority;

public or other authority means –

(a) the Crown, within the meaning of the Crown Proceedings Act 1993 ; or

(b) a council; or

(c) a single authority, controlling authority or joint authority established under Part 3 of the Local Government Act 1993 ; or

(d) a statutory authority; or

(e) a State-owned company; or

(f) a Regional Corporation, or a Common Services Corporation, within the meaning of the Water and Sewerage Corporation Act 2012 ; or

(g) a regulated entity within the meaning of the Water and Sewerage Industry Act 2008 ;

special fire hazard building means –

(a) a building in which one or more of the materials listed in Schedule 1 are used as a principal material for, or in connection with, the processing, making, assembling, alteration, adaptation, repair, renovation, preparation, ornamentation, finishing, cleansing or washing of a commodity, good, substance or article; and

(b) an aircraft hangar, distillery, film and television studio and high-pile or high-stack storage building;

State-owned company means a company incorporated under the Corporations Act that is controlled –

(a) by the Crown, a Minister of the Crown, a Government Business Enterprise or a statutory authority; or

(b) by another company that is so controlled;

statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority;

Type 1 exempt outbuilding means a non-habitable outbuilding where –

(a) the total area does not exceed 10 square metres; and

(b) no side is longer than 3.2 metres; and

(c) no part is more than 2.4 metres above finished ground level; and

(d) it is not situated within one metre of a drain or service easement; and

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

Type 2 exempt outbuilding means a non-habitable outbuilding where –

(a) the total area does not exceed 18 square metres; and

(b) the roof span does not exceed 3 metres; and

(c) no part of the building is higher than 2.4 metres above finished ground level; and

(d) no part of the building is closer than 900 millimetres to any other building on the site or to the property boundary; and

(e) no part of the building is located forward of the building line; and

(f) no excavation or deposit is greater than 500 millimetres in depth; and

(g) it is not situated within one metre of a drain or service easement; and

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

(2)  In these regulations, a reference to a "day" does not include the following days:

(a) 25 December to 1 January, inclusive;

(b) Good Friday to the following Tuesday, inclusive.

(3)  In these regulations, a reference to a document being "in writing" means a reference to a document or application that –

(a) is hand-written or type-written; and

(b) may be sent by mail, email or facsimile.

(4)  In these regulations, a reference to the purpose for which a building component or material is used includes a reference to the purpose for which the building component or material is intended to be used.

(5)  In these regulations, a reference to a class of building by a class number is a reference to the class of building of that number as set out in the Building Code of Australia.

(6)  Unless the contrary intention appears, an expression used in these regulations that is defined in the Building Code of Australia has the same meaning in these regulations as in the Building Code of Australia.

(7)  If an expression is used in these regulations and not defined in these regulations or the Building Code of Australia but is defined in the Plumbing Regulations 2014 , that expression has the same meaning in these regulations as in the Plumbing Regulations 2014 .

(8)  An area that is defined as a bushfire-prone area in these regulations is a "designated bushfire prone area" for the purposes of that definition in the Building Code of Australia.

4.   Certain buildings and building work exempt from requirement for building permit

In accordance with section 60(2) of the Act, building work on the following buildings is exempt from the requirement for a building permit:

(a) a Type 1 exempt outbuilding if not more than 2 are erected under this exemption on an allotment, or a Type 2 exempt outbuilding if not more than one is erected on an allotment;

(b) a non-roofed deck that is –

(i) constructed of timber products; and

(ii) is not more than one metre above finished ground level; and

(iii) not closer than 900 millimetres to a boundary; and

(iv) not situated in a bushfire-prone area; and

(v) not situated within one metre of a drain or service easement; and

(vi) appurtenant to a Class 1 building; and

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

(c) a pergola, garden arch, trellis or frame if the structure –

(i) does not exceed 20 square metres in total area; and

(ii) is no more than 3 metres above the floor or ground; and

(iii) is not covered or is covered only by open-weave material which allows water through;

(d) a swimming pool if –

(i) the maximum possible water surface area is not more than 9 square metres; and

(ii) the maximum possible water depth is not more than 300 millimetres;

(e) a non-roofed windmill, a mast, antenna or flagpole or the support structure of a wind turbine if –

(i) it is not attached to a building and not more than 6 metres high; or

(ii) it is attached to a building and is not higher than 6 metres above the topmost point of attachment to the building; or

(iii) it is a dish antenna with a diameter of not more than 2 metres and the total area of the dish antenna attached to the supporting structure is not more than 4 square metres;

(f) a fence or wall constructed of masonry or concrete if it is not higher than 1.2 metres;

(g) a fence constructed of a material other than masonry or concrete if it is not higher than 2.1 metres;

(h) a retaining wall if –

(i) it retains a difference in ground levels of less than one metre; and

(ii) it is situated more than 1.5 metres from a boundary or way;

(i) a tank or silo with a capacity of less than 45 000 litres and its supporting structure;

(j) a water tank stand if it is not higher than 1.2 metres;

(k) a builder's site shed if it is being –

(i) used in connection with building work for which a building permit is in force; or

(ii) stored in a location permitted by the building surveyor;

(l) an explosives magazine, a tank containing dangerous substances or a gas installation if the use of that magazine, tank or installation is controlled under the Explosives Act 2012 or Work Health and Safety Act 2012 ;

(m) the repair or maintenance of an existing building if the work is done for maintenance purposes using similar materials, equipment, installations and components to those being replaced;

(n) a non-habitable underground structure on a mining lease;

(o) the installation of a stairway lift or platform lift in a Class 1a building;

(p) a temporary structure that is –

(i) required to have a temporary occupancy permit; or

(ii) exempted under regulation 41 from the requirement to have a temporary occupancy permit;

(q) a permanent walkway or platform that –

(i) is not part of a building; and

(ii) is less than one metre above finished ground level; and

(iii) members of the public normally use or are permitted access to;

(r) photo-voltaic solar panels installed on a building roof if –

(i) the solar panels are installed by a person who holds a valid accreditation, to install solar panels, that is approved by the Director for the purposes of this regulation; and

(ii) the solar panels are parallel to the surface of the roof and there is not more than 100 millimetres between the surface of the roof and the underside of the solar panels; and

(iii) the solar panels, or any part of the solar panels, do not overhang the roof surface at any point; and

(iv) the solar panels are not within 200 millimetres of the edge of the plane of the roof; and

(v) the solar panel array does not result in more than 100 kilograms of dead load being placed on any single point where a solar panel array is attached to the roof; and

(vi) the solar panel array does not cover more than 38 square metres of –

(A) a single roof plane; or

(B) multiple roof planes that are supported by a single structure;

(s) solar panels that cover an area of less than 18 square metres;

(t) 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;

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

(i) is permanently attached to land; and

(ii) does not have a building on it.

5.   Limits on exemptions

(1)  An exemption under regulation 4 only applies where the building or building work is not associated with –

(a) other building work which requires a building permit; or

(b) protection work.

(2)  Building work that is exempt under regulation 4 must comply with the Building Code of Australia.

6.   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 21 ; 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.   Prescribed building work

For the purpose of the definition of "building work" in section 3(1) of the Act, the following work is prescribed as building work:

(a) work in relation to the erection, re-erection, alteration and removal of an unregistrable relocatable building or a shipping container;

(b) the installation, or alteration, of a fire safety system or any part of a fire safety system;

(c) the installation of a ducted heating, cooling, ventilation or air-conditioning system in a building that is not a Class 1 building or sole occupancy units within a Class 2 building or Class 4 building;

(d) the installation of a passenger lift;

(e) plumbing work for the purposes of calculating the building permit levy payable under section 270 of the Act;

(f) plumbing work over or within a service easement for the purposes of section 161 of the Act;

(g) a bridge or viaduct, other than a bridge or viaduct constructed on public land or by a public or other authority;

(h) a pedestrian overpass or underpass or a passenger boarding bridge, other than a pedestrian overpass or underpass or passenger boarding bridge constructed on public land or by a public or other authority;

(i) work on a building that is situated on a wharf, jetty or marina or on a pontoon permanently fixed to land.

8.   Prescribed temporary structures

For the purpose of the definition of temporary structure in section 3(1) of the Act, the following structures are prescribed as temporary structures:

(a) a mobile structure;

(b) a temporary bridge;

(c) a temporary stage;

(d) a temporary platform;

(e) a temporary tower.

9.   Prescribed circumstances where building surveyor limited may act as building surveyor

For the purpose of section 51(1) of the Act, a building surveyor limited may only exercise the powers of a building surveyor in respect of a building with –

(a) no more than 3 storeys; and

(b) a maximum floor area that does not exceed 2 000 square metres.

10.   Mandatory notification stages

For the purposes of the definition of mandatory notification stage in section 3(1) of the Act, the following are stages of building work that require notification to the building surveyor:

(a) covering in the foundations;

(b) pouring structural concrete;

(c) cladding or building in the structural framework;

(d) completing the building work;

(e) any other stage of work determined by the building surveyor and listed on the certificate of likely compliance.

11.   Adoption of Building Code of Australia

(1)  Subject to subregulation (2) , 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.

PART 2 - Restrictions on Buildings

Division 1 - Landslip areas

12.   Effect of order in B landslip areas

(1)  For the purposes of section 151 of the Act, a person –

(a) may only erect, alter or add to a building in a B landslip area if the total floor area will not exceed 200 square metres when the building work is completed; or

(b) may not erect, alter or add to a building in a B landslip area for the purpose of carrying out heavy industry in the building.

(2)  A permit authority may grant a permit for the erection or alteration of, or addition to, a building in a B landslip area so that the building has a floor area exceeding 200 square metres if –

(a) a certificate is given by a geo-technical engineer who has expertise in geo-technical reports and is accredited as an Engineer-Civil under the Accreditation Scheme; and

(b) a building surveyor grants a certificate of likely compliance.

(3)  The certificate given by an engineer under subregulation (2)(a) must confirm that –

(a) the erection, alteration or addition can be carried out safely; and

(b) the building will be structurally sound; and

(c) the completed building will not affect the stability of the land.

(4)  For the purposes of subregulation (2)(b) , a building surveyor may grant a certificate of likely compliance to a person to erect or add to a building in a landslip area if satisfied that –

(a) the pipes installed are adequate to convey any stormwater, sullage, sewage, water storage overflow, sub-soil water and other waste and water from the building work to –

(i) a suitable drainage system; or

(ii) an on-site waste water management system; or

(iii) a natural water course; and

(b) the stability of the landslip area is not compromised.

13.   Activities prohibited in landslip areas

(1)  For the purposes of section 152(2) of the Act, a person may only –

(a) excavate, or deposit, material in a landslip area if the excavation or deposition is carried out in such a manner as to allow rainwater or seepage to drain from the site; or

(b) permanently excavate or deposit any material for, or in connection with, building work in a landslip area if –

(i) the excavation is not more than 600 millimetres in depth; and

(ii) the material, when deposited, is not more than one metre in height above ground level and is compacted and graded so as not to aggravate existing landslip conditions; or

(c) backfill a trench or hole in a landslip area if the trench or hole is backfilled with well-compacted material which was previously removed from the trench or hole; or

(d) fell or remove trees or other vegetation for, or in connection with, building work on land in a landslip area if the person has obtained the written agreement of a permit authority; or

(e) use any earth-moving or vibrating compaction equipment for, or in connection with, building work on land in a landslip area if the person has obtained the written agreement of a permit authority.

(2)  The building surveyor may grant a certificate of likely compliance for a permanent excavation of any vertical depth, or a deposit of filling of any height, in a landslip area if satisfied on the basis of a certificate given by a geo-technical engineer who has expertise in geo-technical reports and is accredited as an Engineer-Civil under the Accreditation Scheme, or a practising engineering geologist who has expertise in geo-technical reports, that the excavation or filling will not affect the stability of the land.

Division 2 - Building line

14.   Location of building work

Subject to section 155 of the Act, a builder who carries out building work must ensure that the building work is located so that it complies with the relevant provisions of the building permit.

Penalty:  Fine not exceeding 20 penalty units.

Division 3 - Flood hazard areas

15.   Land subject to flooding

For the purposes of section 159 of the Act, the following is the designated flood level:

(a) 600 millimetres above ground level or the highest known flood level, whichever is the highest, for land known to be subject to flooding other than as provided in paragraph (b) , (c) or (d) ;

(b) the level which has a 1% probability of being exceeded in any year for the following watercourse floodplains:

(i) the Derwent River through New Norfolk;

(ii) the upper reaches of the Tamar River and the lower reaches of the North Esk River;

(iii) the Huon River at Huonville and Mountain River;

(iv) the South Esk River through Perth and Longford to the Tamar River;

(v) the Jordan River below Pontville;

(vi) the Mersey River through Latrobe;

(vii) the Bagdad Rivulet;

(viii) the Elizabeth River through Campbell Town;

(ix) the Meander River through Deloraine;

(x) the Macquarie River through Ross;

(c) 600 millimetres above the ordinary high-water mark of the spring tide for land on which flooding is affected by the rise and fall of the tide;

(d) in respect of a watercourse floodplain not mentioned in paragraph (b) , a level that, according to a report adopted by the relevant council, has a 1% probability of being exceeded in any year.

PART 3 - Permits

16.   Reliance on certificate issued by specialist or other person

(1)  For the purposes of section 266 of the Act, the prescribed qualifications required for a specialist or other person to issue a certificate are the expertise and qualifications required for that certificate as determined by the Director.

(2)  A certificate from a specialist or other person referred to in subregulation (1) may be submitted –

(a) with an application for a certificate of likely compliance; or

(b) at any time before a certificate of completion (building work) is issued.

(3)  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.

(4)  A certificate submitted under subregulation (2) in relation to building work or associated building work is to state that the proposed building work or part of the proposed building work, if carried out, or which has been carried out, in accordance with the relevant documents will comply with the Building Code of Australia in relation to the area of speciality as determined by the Director for that certificate.

(5)  A certificate submitted under subregulation (2) is to –

(a) be in an approved form; and

(b) include a reference to the documents or reference relied upon; and

(c) if required by the building surveyor, be accompanied by relevant calculations, documents or reports.

(6)  Any copies of drawings and specifications or other relevant documents submitted with an application, and to which a certificate referred to in subregulation (2) applies, are to be endorsed as agreed with the building surveyor.

17.   Reporting authorities

The following persons are required to report on an application for a certificate of likely compliance or an occupancy permit:

(a) in the case of the fire safety requirements listed in Schedule 2 , the Chief Officer;

(b) in the case of building work where an application is made to the Appeal Tribunal under section 218A of the Act, the Anti-Discrimination Commissioner;

(c) in the case of food premises, the relevant environmental health officer of the municipal area in which the premises are located.

18.   Required report from Chief Officer

(1)  If a person makes an application to a building surveyor for a certificate of likely compliance for building work that is required, by the deemed-to-satisfy provisions of the Building Code of Australia, to include any of the fire safety requirements listed in Schedule 2 , or if the application includes any of the fire safety requirements listed in Schedule 2 , the building surveyor is to forward copies of the following documents to the Chief Officer:

(a) a request in an approved form for a report;

(b) any relevant drawings, specifications or other documents submitted with the application.

(2)  The report of the Chief Officer, being the reporting authority under section 63 of the Act, to the building surveyor is to –

(a) be in an approved form; and

(b) state, in relation to the provision or non-provision of the fire safety requirements listed in Schedule 2 , whether or not, in the opinion of the Chief Officer, the building solutions are satisfactory in relation to –

(i) the relevant performance requirements of the Building Code of Australia; or

(ii) the relevant deemed-to-satisfy provisions of the Building Code of Australia; and

(c) state whether an evacuation plan is required under the General Fire Regulations 2010 ; and

(d) include copies of all additional documents or information sought or obtained by the Chief Officer directly from an owner or agent of the owner.

(3)  A variation to an application to a building surveyor under subregulation (1) , including a variation to an application to include an alternative solution raised by the Chief Officer in his or her report under subregulation (2) , is to be treated as a new report and referred to the Chief Officer in accordance with subregulation (1) .

(4)  A report from the Chief Officer pursuant to an application to a building surveyor under subregulation (1) is not required if the application or variation involves only one or more of the following changes:

(a) hose reels are relocated to a new position that is within 4 metres of an existing exit;

(b) sprinkler heads are relocated, or additional ones added, to suit minor changes in partition or wall layout;

(c) as part of a fire detection and alarm system –

(i) a fire indicator panel is relocated or replaced within a foyer or main entrance to a building; or

(ii) a warning device is relocated or replaced to suit minor changes in partition or wall layout; or

(iii) heat or smoke detectors are relocated, or additional ones provided, to suit minor changes in partition or wall layout;

(d) the operational controls and indicators for a smoke-control air-handling system are relocated within a foyer or main entrance to the building;

(e) the fireman’s lift control is relocated within the lift or lift lobby;

(f) as part of an emergency warning and intercommunication system –

(i) warden intercommunication points are relocated, or additional points added, to suit minor changes to partition or wall layout; or

(ii) a master emergency control panel is relocated or replaced within a foyer or main entrance to the building; or

(iii) sounders are relocated, or additional sounders added, to suit minor changes to partition or wall layout.

(5)  The notification by the building surveyor required by section 63(5) of the Act is to be made within the specified period.

19.   Required report from environmental health officer

(1)  If a person makes an application to a building surveyor for a certificate of likely compliance for building work in relation to food premises, the building surveyor is to forward copies of the following documents to the relevant environmental health officer:

(a) a request in an approved form for a report;

(b) any relevant drawings, specifications or other documents submitted with the application;

(c) details provided by the owner of the nature of the foods to be prepared and the types of manufacturing processes to be undertaken on the premises.

(2)  The report of an environmental health officer, being the reporting authority under section 96 of the Act, to the building surveyor is to –

(a) be in an approved form; and

(b) state whether or not, in the opinion of the environmental health officer, the proposed building work is satisfactory –

(i) in relation to the food premises performance requirements of the Building Code of Australia; or

(ii) subject to subregulation (3) , in relation to the food premises deemed-to-satisfy provisions of the Building Code of Australia; and

(c) include copies of all additional documents or information sought or obtained by the environmental health officer directly from an owner or agent of the owner.

(3)  If an environmental health officer believes that a deemed-to-satisfy provision of the Building Code of Australia in relation to food premises should be altered, the environmental health officer –

(a) must undertake a Food Premises Verification Analysis; and

(b) is to provide 2 copies of the Analysis to the building surveyor with the report.

(4)  An applicant must undertake a Food Premises Verification Analysis, or arrange for a Food Premises Verification Analysis to be undertaken, and provide 3 copies of the Analysis to the environmental health officer, if the applicant wishes the application to be assessed as complying with the performance requirements of the Building Code of Australia.

(5)  If the environmental health officer agrees with the applicant’s Food Premises Verification Analysis undertaken or arranged under subregulation (4) , the environmental health officer is to forward, with his or her report under subregulation (2) , 2 copies of the Analysis to the building surveyor.

(6)  A building surveyor is not required to accept a report from an environmental health officer, showing compliance with the performance requirements of the Building Code of Australia or requiring the deemed-to-satisfy provision of the Building Code of Australia to be altered, unless a copy of a completed Food Premises Verification Analysis is provided with the report.

(7)  A building surveyor may not grant a certificate of likely compliance if the report issued by an environmental health officer under subregulation (2) states that the environmental health officer is of the opinion that a certificate of likely compliance is not to be issued, as the building work may create food safety risks of public significance.

(8)  The notification by the building surveyor required by section 63(5) of the Act is to be made within the specified period.

20.   Farm, historic and special-use buildings

(1)  Subject to subregulation (2) , a building surveyor may grant an application for a certificate of likely compliance for a farm building, or a historic building, on the Heritage Register, in respect of building work which does not fully comply with the deemed-to-satisfy provisions of the Building Code of Australia, if the building surveyor considers that the requirement –

(a) is inappropriate for the building due to its use, likely occupancy, location, design or form of construction; and

(b) may reasonably be varied.

(2)  Unless each of the relevant function control authorities agrees, a building surveyor may not grant an application for a certificate of likely compliance under subregulation (1) if –

(a) the farm building or historic building is a special-use building; and

(b) the requirement that has not been complied with is a requirement for special-use buildings.

21.   Granting of building permits

(1)  For the purposes of section 71(e) of the Act, the following documents and matters are relevant to the consideration of an application for a building permit:

(a) a plumbing permit or special plumbing permit is required and has been granted under the Act;

(b) a permit under Part 4 of the Land Use Planning and Approvals Act 1993 is required and has been granted in respect of the development;

(c) the development is not prohibited by a planning scheme, or interim order in force, under the Land Use Planning and Approvals Act 1993 ;

(d) a certificate of likely compliance has been granted in respect of the development and states that the development –

(i) does not require a planning permit under Part 4 of the Land Use Planning and Approvals Act 1993 ; and

(ii) is not prohibited by a planning scheme, or interim order in force, under the Land Use Planning and Approvals Act 1993 ;

(e) if the development is in a bushfire-prone area, the relevant bushfire hazard management plan required for a planning permit;

(f) an approval is required and has been issued under the Historic Cultural Heritage Act 1995 ;

(g) the environmental health officer is required to consent and has consented to the use of an on-site waste water management system;

(h) a certificate for certifiable work (building) is required and has been issued under section 56TC of the Water and Sewerage Industry Act 2008 ;

(i) a levy prescribed under Part 3 of the Building and Construction Industry Training Fund Act 1990 is required to be paid and has been paid;

(j) the building permit levy payable under section 270 of the Act has been paid.

(2)  A permit authority may refuse to grant a building permit if not satisfied with the matters in subregulation (1) .

(3)  The permit authority is to specify the relevant mandatory notification stages referred to in regulation 10 on the building permit.

(4)  Paragraphs (b) and (c) of subregulation (1) cease to have effect on the day on which the Land Use Planning and Approvals Amendment Act 2013 commences.

22.   Permit for staged works

(1)  A permit authority may state that regulation 21(1)(a) is not relevant, when considering an application for a staged building permit, to a latter stage or to the final stage of granting the building permit.

(2)  The granting of a building permit to carry out a stage of building work is not an assurance that any further permission will be granted in respect of the entire, or a further stage of, building work and this is to be stated on the permit.

23.   Distribution of documents

(1)  If the permit authority grants a building permit –

(a) the permit authority is to retain a paper copy or electronic copy of each document relevant to the permit; and

(b) the permit authority is to –

(i) endorse each page of a copy of each document relevant to the permit to indicate that a building permit has been granted; and

(ii) return an endorsed copy of each document to the applicant and to the building surveyor; and

(c) if requested by the applicant, the permit authority is to –

(i) endorse an additional copy of each document relevant to the permit to indicate that a building permit has been granted; and

(ii) return the additional copy to the applicant.

(2)  An endorsement is to be in an approved form.

(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.

24.   Change of parties involved in building work

(1)  If, after a building permit has been granted and before the building work is complete –

(a) the owner of the relevant building or land; or

(b) an agent appointed by the owner; or

(c) the designer of the building work; or

(d) the builder of the building work –

ceases to be the owner, agent, designer or builder, as the case may be, or changes his or her name or address, he or she must notify the building surveyor and the permit authority of that change.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If, after a building permit has been granted and before the building work is complete, the responsible building surveyor resigns, refers the matter to another building surveyor or is no longer engaged by the owner, the first-mentioned building surveyor must notify the permit authority of that change.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Notification must be made in writing and within the period specified.

PART 4 - Carrying out Building Work

25.   Alterations and extensions to existing buildings

When carrying out an alteration or extension to an existing building that is currently occupied, a person must not diminish any features or measures relating to health, safety or disability access, that are required to be provided or maintained in accordance with section 120 of the Act.

Penalty:  Fine not exceeding 20 penalty units.

26.   Testing of building materials

(1)  A building surveyor may require a builder to arrange for a material or component that is to be used in the building work to be tested by a registered testing authority or a person acceptable to the building surveyor.

(2)  The building surveyor may prohibit the use of any material tested under subregulation (1) which –

(a) does not comply with the Building Code of Australia; or

(b) is found to be defective; or

(c) is found to be unsuitable for the purpose for which it is used or intended to be used; or

(d) is used in a manner that is inconsistent with the configuration of the material that was tested.

27.   Prevention of nuisances

A person must not allow dirt, dust, fumes, noise, smoke, building materials, sewage or concentrations of water which are caused by, or occur in the course of, building work to become –

(a) a public health risk; or

(b) a nuisance for an owner, occupier or user of adjoining land.

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

28.   Protection for public and adjoining properties

(1)  A builder must provide and maintain a guard in respect of an excavation or void if the excavation or void –

(a) constitutes, or is made in the course of, building work; and

(b) is a danger to the public.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A builder is required to carry out protection work in accordance with Schedule 3 .

(3)  A building surveyor may require additional protection work to be carried out.

29.   Requirements before building demolition or removal – general

A person must not demolish or remove a building unless the person has –

(a) received written advice from the appropriate electricity supply entity that all supply of electricity to the building has been disconnected and all aerial or underground electricity supply cables have been removed from the site; and

(b) received written advice from the operator of the appropriate gas network that all gas supply to the building has been disconnected and all supply lines have been removed from the site; and

(c) advised the general manager in writing of the timetable for capping stormwater drains; and

(d) advised the Chief Officer in writing, within the specified period, of the timetable in which the following actions are to occur:

(i) disconnection of all telephone lines or other signalling devices associated with the monitoring of all fire protection equipment monitored by the Tasmania Fire Service;

(ii) the removal, dismantling or alteration of any water supply to a building or water supply device, booster or other assembly associated with fire protection equipment;

(iii) the removal, dismantling or alteration of all occupant safety systems including an emergency warning intercommunication system, air-handling system, stairwell pressurisation system or smoke or fire door; and

(e) advised in writing the regulated entity, within the meaning of the Water and Sewerage Industry Act 2008 , of the timetable for capping any sewers and sealing off any water supply lines.

Penalty:  Fine not exceeding 20 penalty units.

30.   Requirements before building demolition or removal – asbestos

(1)  A person must not demolish or remove a building unless the person has –

(a) taken all reasonably practicable steps to identify the presence of asbestos in the building; and

(b) complied with Chapter 8 of the Work Health and Safety Regulations 2012 .

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not remove a building unless the person has removed all asbestos (including material identified as containing asbestos) from the building in accordance with Chapter 8 of the Work Health and Safety Regulations 2012 .

Penalty:  Fine not exceeding 20 penalty units.

31.   Requirements during building demolition or removal

A person must not demolish or remove a building unless –

(a) the demolition or removal is carried out –

(i) in accordance with a permit granted under these regulations; and

(ii) in a safe and professional manner; and

(b) the demolition of any wall which abuts on a public street is carried out only during the hours permitted by the permit authority; and

(c) the person takes reasonable action to prevent building material and debris falling onto or into –

(i) a place which is open to the public; and

(ii) any adjacent land or way; and

(d) the positions of capped sewer and stormwater drains and sealed-off water supply lines are clearly marked at the site; and

(e) the person leaves the site of the demolition or removal clean and tidy; and

(f) the person removes all broken glass or other dangerous or hazardous building material from the site.

Penalty:  Fine not exceeding 20 penalty units.

32.   Starting building work

(1)  A start-work notification under section 87(3) of the Act may be given orally or in writing.

(2)  If a start-work authorisation is given by a building surveyor, it is to include a unique authorisation number for the work.

(3)  If a person in respect of whom a start-work authorisation is given ceases to be responsible for the building work and another person becomes responsible for the work, that other person is to give notification under section 87(3) and receive authorisation from the building surveyor.

PART 5 - Inspections and Enforcement

33.   Notification of mandatory notification stage

Notification of a mandatory notification stage listed on the building permit –

(a) is to state the date and time when the stage of the building work will be reached; and

(b) may be made in writing.

34.   Non-inspection at a mandatory notification stage

If a building surveyor does not inspect building work, or cause building work to be inspected, at a mandatory notification stage, the building surveyor is to record on the certificate of final inspection –

(a) the reason why the inspection was not carried out; and

(b) whether any alternative inspection, certificate or justification was relied on.

35.   Consent to proceed

A builder must not proceed with building work, or cover up building work that requires notification to a building surveyor at a mandatory notification stage, until –

(a) the builder has obtained the building surveyor's consent to proceed; or

(b) the specified period after the date and time referred to in a notification under regulation 33 ; or

(c) a notice or order issued under the Act in respect of the building work has been complied with or revoked.

Penalty:  Fine not exceeding 20 penalty units.

36.   Direction to uncover building work

(1)  A direction to uncover building work is to –

(a) be in an approved form; and

(b) be served on the builder; and

(c) set out, in detail, the building work which is to be uncovered to enable its inspection.

(2)  A copy of the direction to uncover must be sent to the owner of the building.

(3)  A builder must comply with a direction to uncover building work.

Penalty:  Fine not exceeding 20 penalty units.

(4)  If a builder fails to comply with a direction to uncover building work, the building surveyor may issue a building notice under Division 2 of Part 11 of the Act.

(5)  The building surveyor may revoke, in writing, a direction to uncover building work if satisfied on other evidence that the building work is likely to comply with these regulations.

(6)  A person must not undertake, or permit, any further building work which would make compliance with a direction to uncover building work more difficult or impossible.

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

37.   Written inspection directions

(1)  For the purposes of section 91 of the Act, a written direction, or the written confirmation of an oral direction, is to –

(a) be in an approved form; and

(b) be given to the builder; and

(c) specify the building work which does not comply with the building permit and the basis of that non-compliance; and

(d) require the builder to make the building work comply with the building permit.

(2)  A direction notice under section 91 of the Act may require that the builder notify the building surveyor when the work specified under subregulation (1)(c) complies with the building permit.

(3)  A person must not undertake, or permit, any further building work that would make compliance with a direction under section 91 of the Act more difficult or impossible.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a daily fine not exceeding 5 penalty units for each day during which the offence continues.

38.   Infringement notices

(1)  For the purpose of section 243 of the Act, the offences under a provision specified in Column 2 of Schedule 4 are prescribed offences.

(2)  The penalties listed in Column 4 of Schedule 4 are the prescribed penalties for the offences listed in Column 3 of that Schedule to which they respectively relate.

(3)  If an infringement notice is served on a building practitioner under section 243 of the Act and is not withdrawn, the general manager is to forward a copy of it to the Director.

PART 6 - Occupancy

39.   Occupancy permits not required

(1)  For the purposes of section 93(1)(b) of the Act, an occupancy permit is not required for a Class 10 building.

(2)  Except as required by sections 93(2) and (3) of the Act, a new occupancy permit is not required for a building lawfully constructed and occupied prior to the commencement of these regulations if that building –

(a) is not used as a place of assembly; or

(b) is used as a place of assembly and had –

(i) a certificate of occupancy issued under the Building Regulations 1994 ; or

(ii) an occupancy permit issued under the Building Regulations 2004.

40.   Occupancy permit required report

(1)  A building surveyor is to request the reporting authority to inspect and report on an application by a person for an occupancy permit for a building or part of a building, in respect of which –

(a) building work is being undertaken that requires a report to be made under regulation 18(1) or regulation 19 ; or

(b) building work referred to in regulation 18(4) is being undertaken.

(2)  A request to a reporting authority under subregulation (1) is to be –

(a) in writing; and

(b) accompanied by a copy of the application for an occupancy permit and any relevant documents submitted with the application.

(3)  In the case of building work referred to in regulation 18(1) or (4) , the Chief Officer is to provide a report to the building surveyor, within the specified period after receiving a request under subregulation (1) , as to whether or not the operational components of the fire safety requirements listed in Schedule 2 installed for the building are adequate for occupation of the building or part of the building.

(4)  A report in accordance with subregulation (3) is to include whether an evacuation plan has been approved in principle under the General Fire Regulations 2010.

(5)  In the case of building work referred to in regulation 19 , the environmental health officer is to provide a report to the building surveyor, within the specified period after receiving a request under subregulation (1) , as to whether or not the food premises are suitable for occupancy.

(6)  A report is to –

(a) be in an approved form; and

(b) include copies of all additional documents or information sought, or obtained, by the reporting authority directly from an owner or agent of the owner.

(7)  The notification by the building surveyor required by section 98(4) of the Act is to be within the specified period.

41.   Exemptions for temporary occupancy

(1)  For the purposes of section 105(b) of the Act, a temporary occupancy permit is not required for –

(a) a tent, booth or gazebo with a floor space of less than 75 square metres if –

(i) it is the only temporary structure on the site on which it is erected; and

(ii) it does not have an ignitable fuel source; and

(iii) it is not erected within 10 metres of an ignitable fuel source; and

(iv) it will not be used for more than 2 days; and

(v) it does not need a plumbing permit or special plumbing permit; and

(vi) it does not need an off-site disposal system; and

(vii) it does not need electrical wiring; and

(viii) it is erected at least 2 metres from any other temporary structure, mobile food premises or building; or

(b) a tent erected in a caravan park, or camping or similar area; or

(c) a tent, booth or gazebo with a maximum floor area of 20 square metres, that is erected for not more than 10 days in any one period and which –

(i) is open on at least one side when occupied; and

(ii) does not contain an ignitable fuel source; and

(iii) is located at least 2 metres from any other temporary structure, a building or mobile food premises; or

(d) a tent, booth or gazebo that complies with paragraph (c) and which is part of a group of similar temporary structures, provided that –

(i) the combined area of the group of temporary structures does not exceed 80 square metres; and

(ii) the group of temporary structures is located at least 2 metres from any other temporary structure, a building or a mobile food premises; or

(e) a tent, booth or gazebo with a maximum area of 10 square metres, which –

(i) contains an ignitable fuel source; and

(ii) is open on at least one side when occupied; and

(iii) is located at least 2 metres from any other temporary structure, a building or a mobile food premises; or

(f) a tent or other temporary structure, or a building, that –

(i) is of a type; or

(ii) is for a purpose; or

(iii) meets other criteria –

determined by the Director.

(2)  For the purposes of subregulation (1)(d)(i) , the calculation of the total combined area of a group excludes separation distances or spacing between the temporary structures that comprise the group.

42.   Temporary occupancy permit considerations

(1)  A general manager is to take into account the following documents and matters when considering an application for a temporary occupancy permit for a building or temporary structure:

(a) a certificate of suitability for temporary occupation of the building provided by a building surveyor;

(b) the construction of the building;

(c) a certificate of likely compliance of the temporary structure with the requirements of the Building Code of Australia;

(d) the distance of the building or temporary structure from any adjoining fire source feature;

(e) the intended temporary occupancy use of the building or temporary structure;

(f) any access to waste water management systems in place or provided;

(g) any plumbing permit or special plumbing permit granted;

(h) any access to a temporary water supply;

(i) the suitability of the electrical installation in and around the building or temporary structure.

(2)  A certificate of suitability provided by a building surveyor under subregulation (1)(a) is to be in an approved form.

(3)  In considering a document or matter under subregulation (1) , a general manager may rely on any manufacturer's documents submitted in support of the document or matter.

43.   Display of occupancy permit and temporary occupancy permit

(1)  On being issued with an occupancy permit under section 100 of the Act, the owner of a building, other than a Class 1a, 4 or 10 building, must display all the pages of the occupancy permit in respect of the building in a prominent place in the main public entry to that building.

Penalty:  Fine not exceeding 20 penalty units.

(2)  On being issued a temporary occupancy permit under section 108 of the Act, the owner or agent of the owner of the building or temporary structure must display all the pages of the temporary occupancy permit in a prominent place in the building or temporary structure.

Penalty:  Fine not exceeding 20 penalty units.

44.   Occupancy limits

(1)  The number of persons that are entitled to use a building at any one time is the least number of persons shown on the occupancy permit for which –

(a) exits are provided; or

(b) sanitary facilities are provided.

(2)  A person in charge of a building must ensure that the number of persons at any particular time occupying the building is not more than the number of persons that are entitled to use the building as specified in subregulation (1) .

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

(3)  A person in charge of a building, or temporary structure, for which a temporary occupancy permit has been issued must ensure that the number of persons at any particular time occupying the building or temporary structure is not more than the occupancy limit stated on the temporary occupancy permit.

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

PART 7 - Maintenance of Certain Features and Measures

45.   Application of Part

This Part applies to Class 1b, 2, 3, 4, 5, 6, 7, 8, 9 and 10C buildings.

46.   Interpretation

In this Part –

educational institution means –

(a) a school within the meaning of the Education Act 1994; or

(b) a campus as defined in the Education and Training (Tasmanian Academy) Act 2008; or

(c) a campus of TasTAFE created by the Training and Workforce Development Act 2013;

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 2014 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, educational institution 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.

47.   Determining appropriate prescribed features and measures

(1)  A building surveyor who issues an occupancy permit for a building is to determine for, and attach to, the occupancy permit a schedule of the prescribed features and measures appropriate to the building for which maintenance is required.

(2)  In determining the prescribed features and measures required, the building surveyor is to have regard to –

(a) any details provided with an application for a certificate of likely compliance; and

(b) regulation 49 .

(3)  The schedule of prescribed features and measures is to be in an approved form.

(4)  If an alteration or addition to a building occurs, the building surveyor is to update the schedule of prescribed features and measures attached to the occupancy permit to one consolidated schedule for the building.

48.   Obligation to maintain prescribed features and measures

(1)  Each of the following persons must maintain, or cause to be maintained, the prescribed features and measures of a building whether or not building work has been carried out on that building:

(a) an owner of the building in which the prescribed features and measures are installed;

(b) an occupier of the building, or a part of the building, in which the prescribed features and measures are installed, who has a contractual responsibility to maintain the prescribed features and measures in that building or part.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not prevent the maintenance of prescribed features and measures.

Penalty:  Fine not exceeding 20 penalty units.

49.   Standard of maintenance of prescribed features and measures

(1)  A person required to maintain the prescribed features and measures of a building under regulation 48 must ensure that they are maintained in accordance with the following provisions:

(a) if a building has been completed before 1 July 2004, the prescribed essential safety and health features of the building must be maintained so as to perform to a standard that is not less than the standard to which they were originally required to perform;

(b) if a building has been completed, or an alteration has been made to a building, on or after 1 July 2004, a prescribed essential safety and health feature of the building or the altered part must –

(i) be maintained so as to perform to a standard that is not less than –

(A) the standard to which they were originally required to perform; and

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

(ii) be tested or inspected at the relevant frequency of testing or inspection specified by the Director;

(c) if a feature referred to in paragraph (c) of the definition of other prescribed features or measures of a building in regulation 46 is required to be maintained by the Plumbing Regulations 2014 , that feature is to be maintained in accordance with the relevant provision of the Plumbing Regulations 2014 .

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person required to maintain a prescribed essential safety and health measure of a building under regulation 48 must –

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

(b) test or inspect the prescribed essential safety and health measure at the relevant frequency of testing or inspection specified by the Director.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person required to maintain any other prescribed features and measures of a building under regulation 48 must –

(a) maintain the prescribed features and measures to a standard that is not less than the standard to which they were originally required to perform; and

(b) test or inspect the prescribed features and measures at the relevant frequency of testing or inspection specified by the Director.

Penalty:  Fine not exceeding 20 penalty units.

50.   Annual maintenance statement

For the purposes of section 120 of the Act, an annual statement referred to in that section is to be –

(a) in an approved form; and

(b) displayed next to the building's occupancy permit in a prominent place in the main public entry to that building; and

(c) for a building completed on or after 1 July 2004, displayed no later than 14 days after the anniversary date of the building's occupancy permit; and

(d) for a building completed before 1 July 2004, displayed no later than the anniversary date ofthe display of the first annual statement.

51.   Records of prescribed features and measures

(1)  All records that relate to the maintenance of the prescribed features and measures of a building must be kept for 10 years in a secure place away from the building by the person responsible under regulation 48(1) for the maintenance of the prescribed features and measures.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The location and type of each prescribed essential safety and health feature and each prescribed essential safety and health measure is to be included in the record kept under subregulation (1) .

(3)  A copy of the records required under subregulation (1) must be kept on site by the person responsible under regulation 48(1) for the maintenance of the prescribed features and measures.

Penalty:  Fine not exceeding 20 penalty units.

(4)  An authorised person, by giving the specified notice, may request access to the records referred to in subregulation (1) or (3) .

PART 8 - Owner builder registration

52.   Owner builder registration

(1)  If a person makes an application under section 30C of the Act to the Director for registration as an owner builder for particular building work, the building surveyor who has been engaged by the person is to forward copies of the following documents to the Director:

(a) an application for registration as an owner builder in an approved form;

(b) if applicable, a copy of the contract for the purchase of the land;

(c) a certificate from an approved training provider of the satisfactory completion by the applicant of a course or courses approved by the Director;

(d) if applicable, a certificate of insurance in relation to carrying out or managing the building work.

(2)  A certificate of owner builder registration under section 30D of the Act, issued to an applicant or applicants by the Director is to be –

(a) in an approved form; and

(b) provide a registration number for the particular building work; and

(c) state how many buildings the applicant or applicants are entitled to construct as a registered owner builder.

(3)  A copy of the owner builder registration certificate is to be provided to the relevant building surveyor.

(4)  If the Director refuses to register an applicant as an owner builder for particular building work, the Director is to advise the applicant and the relevant building surveyor in writing of that fact and of the applicant's right of review under section 42(3) of the Act.

53.   Offence relating to owner builder insurance

An owner builder must not carry out or manage building work unless the owner builder is covered by insurance as required under section 48 of the Act.

Penalty:  Fine not exceeding 20 penalty units.

PART 9 - Miscellaneous

54.   Building certificates

(1)  An application for a building certificate is to be in an approved form.

(2)  As soon as practicable after receiving an application for a building certificate, the general manager is to determine if he or she is entitled to do any of the following acts in respect of the building:

(a) issue an emergency order;

(b) issue a building notice;

(c) serve a building order;

(d) issue a plumbing notice;

(e) serve a plumbing order;

(f) issue a fire upgrade notice;

(g) serve a building order relating to a fire hazard;

(h) any other act under the Act.

(3)  The general manager is to grant a building certificate in respect of a building if satisfied that –

(a) he or she is not entitled to do any of the acts referred to in subregulation (2) ; or

(b) he or she is entitled to do any such act but does not intend to do so and gives reasons for not doing so.

(4)  A building certificate granted under subregulation (3) is to be in an approved form.

(5)  If a building certificate is granted in respect of a building, no act referred to in subregulation (2) may be taken by the general manager –

(a) in relation to a matter which existed or occurred before the date on which the certificate was granted; or

(b) within 7 years after that date in relation to the deterioration of the building caused by reasonable wear and tear.

(6)  If the general manager refuses to grant a building certificate, the general manager, by written notice, is to advise the person who applied for the certificate of –

(a) the refusal and the reason for that refusal; and

(b) any action required to enable the general manager to grant a building certificate in respect of the building.

(7)  A refusal to grant a building certificate is to be in an approved form.

55.   Heating appliances

(1)  A person must notify a permit authority, within a specified period before starting the installation, of his or her intention to install a stove, or a heater or similar appliance, which burns oil or solid fuel.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who undertakes the installation must notify the permit authority that the installation has been carried out in accordance with the Building Code of Australia within the specified period after the completion of the installation.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A notification under subregulation (1) or (2) is to be in an approved form.

(4)  A permit authority may inspect, or cause an inspection to be made of, the installation and require that the installation be made to comply with the Building Code of Australia.

56.   Appeal under regulations

A person who was a party to a decision under these regulations may appeal to the Appeal Tribunal against that decision.

57.   Appeal Tribunal fee

(1)  For the purposes of section 219(1)(c) of the Act, the prescribed fee for an appeal or application to the Appeal Tribunal is the fee listed for that appeal or application in Schedule 5 .

(2)  The fees prescribed in Schedule 5 are payable to the Director.

58.   Level at which building permit levy payable

For the purposes of section 270(1)(a) of the Act, the prescribed amount is $12 000.

59.   Rate of building permit levy

For the purpose of section 270(2)(c) of the Act, the prescribed amount for the building permit levy is to be calculated at the rate of 0.1% of the estimated cost of the building work.

60.   Application fee for building practitioner accreditation

(1)  The fee payable to the Director by a person who makes an application to the Director for accreditation under section 26(1) of the Act is 120 fee units.

(2)  The fee prescribed under this regulation is exempt from GST.

61.   Annual building practitioner accreditation fee

(1)  The fee payable to the Director by an accredited building practitioner, who is not also an architect as defined in the Architects Act 1929 , for the issue of a certificate of accreditation under section 27 of the Act is 240 fee units.

(2)  The fee payable to the Director by an accredited building practitioner, who is also an architect as defined in the Architects Act 1929 , for the issue of a certificate of accreditation under section 27 of the Act is 195 fee units.

(3)  The person liable to pay a fee under subregulation (1) or (2) is to pay that fee to the Director –

(a) on the issue of the certificate of accreditation; and

(b) on each 12-month anniversary of that accreditation while the accreditation remains in force.

(4)  The fees prescribed under this regulation are exempt from GST.

62.   Replacement certificate of accreditation

(1)  An accredited building practitioner may apply to the Director for the replacement of a certificate of accreditation previously issued under section 27 of the Act.

(2)  An application must be –

(a) in an approved form; and

(b) accompanied by a replacement fee of 40 fee units.

(3)  The Director is to issue a replacement certificate of accreditation if he or she is satisfied that the applicant is eligible and has complied with this regulation.

(4)  The fee prescribed under this regulation is inclusive of GST.

63.   Transitional and savings provisions

The transitional and savings provisions set out in Schedule 6 have effect.

SCHEDULE 1 - Special Fire Hazard Materials

Regulation 3

1.   Animal, mineral or vegetable oil or any product of such material.

2.   Bitumen, tar, any tar product, caulking or sealing compound or surfacing material.

3.   Cork.

4.   Enamel, lacquer, paint or varnish.

5.   Explosives, fireworks or matches.

6.   Fibre, any fibrous product or any manufactured product of cotton, flax, hemp, jute, silk, synthetic fibre or wool.

7.   Flammable gas or liquid.

8.   Fodder or food other than fresh food.

9.   Gum, polish, resin, wax or any product of such material.

10.   Inorganic chemicals or finely powdered metal.

11.   Leather, skin or any product of such material.

12.   Natural or synthetic rubber, or any product of such material.

13.   Organic chemicals.

14.   Paper or paper products other than such material stored in rolls.

15.   Plastic or plastic products.

16.   Timber or timber products.

17.   Foam or foam products.

SCHEDULE 2 - Fire Safety Requirements to be reported on and inspected by Chief Officer

Regulations 17 , 18 and 40

The fire safety requirements listed below are the requirements to be reported on and inspected by the Chief Officer for their operational suitability only.

1.   Emergency vehicle access (BCA C2.3 and C2.4).

2.   Booster assembly –

(a) provision of portable relay boost pump;

(b) location and suitability of fire authority booster connections and enclosures;

(c) provision of documentation and signage*.

3.   Fire mains –

(a) suitability of water flows and pressure;

(b) location of control valves;

(c) provision of documentation and signage.

4.   Hydrant and hose reels –

(a) location of external and internal hydrants and hose reels;

(b) fire separation of hydrant from adjoining buildings;

(c) provision of –

(i) roof hydrants;

(ii) hard standing for fire appliances;

(d) suitability of type of hose connections;

(e) operation controls for pump sets*.

5.   Sprinklers (including wall-wetting sprinklers) –

(a) location of valve room, pumps, water alarm and fire authority boosters points;

(b) operation controls of pump sets;*

(c) provision of signage;*

(d) connection of alarm to fire authority;

(e) location of sprinkler heads;

(f) documentation at the valves set/FIP*;

(g) location of isolation valves.

6.   Fire and smoke alarms (in Class 2-9 buildings) –

(a) location of –

(i) fire indicator panels and/or sub-indicator panels;

(ii) local warning devices;

(iii) repeater/mimic panel;

(iv) manual call points;

(v) heat and smoke detectors and alarms;

(vi) other heat or smoke-sensing devices;

(b) weather protection, accessibility and lighting of equipment;

(c) connection of alarm to fire authority;

(d) suitability of either smoke or heat detection systems or other heat or smoke-sensing devices;

(e) suitability of detectors in critical areas to avoid unwanted alarms;

(f) documentation and signage at the FIP and/or sub-indicator panel*.

7.   Fire control centres –

(a) location of control centres;

(b) size and contents;

(c) ventilation, signage, lighting and sound levels.

8.   Provisions for special fire hazard buildings (BCA E1.10, E2.3) –

(a) location of control valves;

(b) accessibility for fire authority vehicles;

(c) suitability of extinguishing agent;

(d) interface with other alarms and suppression systems;

(e) connection of alarm to fire authority.

9.   Stairwell pressurisation –

(a) emergency operation controls and indicators;

(b) location of actuation detectors.

10.   Air-handling systems – operational controls and indicators.

11.   Smoke and heat vents –

(a) operational controls and indicators;

(b) location of actuation detectors.

12.   Smoke exhaust –

(a) operational controls and indicators;

(b) location of actuation detectors.

13.   Emergency lifts – fireman's lift controls.

14.   Emergency warning and intercommunication systems –

(a) provision of suitable auxiliary warning device;

(b) location of –

(i) warden intercommunication point;

(ii) master emergency control point;

(iii) sounders;

(c) provision and location of documentation and signage at the MECP and WIP points*.

* Items are to be provided at the time of inspection prior to the issuing of an occupancy permit.

SCHEDULE 3 - Required Protection Work

Regulation 28

1.   Owners are required to carry out protection work in the following circumstances:

(a) if a party wall is to be made good, underpinned or repaired;

(b) if a party wall is to be pulled down or built;

(c) in the case of buildings connected by arches, or communications over public ways or over passages belonging to another person, if there is a need to rebuild or repair to conform with existing standards;

(d) when a retaining wall requiring a building permit is to be built on the boundary of two or more properties;

(e) when trenching for any purpose is required through property other than the owner's;

(f) when cutting away any footings or chimney breasts, jambs or flues or other projections from any party wall or external wall in order to erect an external wall against that party or external wall;

(g) if the owner intends to raise a party fence wall or pull it down and rebuild it as a party wall;

(h) if the building owner intends to cut away or take down such part of any wall or building of an adjoining owner as may be necessary, in consequence of that wall’s or building's overhanging or encroachment upon the ground of the building owner, in order to erect an upright wall against it on condition of making good any damage sustained by the wall or building by reason of such cutting away or taking down;

(i) if the building owner intends to erect, or excavate to a level below that of the adjoining owner's footings, along the title boundary or within 3 metres of a building belonging to an adjoining owner.

SCHEDULE 4 - Infringement notice offences

Regulation 38

SCHEDULE 5 - Fees

Regulation 57

PART 1 - Fees

PART 2 - Type of Appeal

PART 3 - Appeals

SCHEDULE 6 - Transitional and Savings Provisions

Regulation 63

1.   Work by a building practitioner before commencement of Act

Work of a building practitioner, in relation to building work with an estimated cost of more than $5 000 that required a permit under the Building Regulations 1994 , that was contracted to start, or had started and had not been finished, prior to the commencement of the Act is not work that requires a person to be accredited under section 23A of the Act.

2.   Work by an owner builder before commencement of Act

Work of an owner builder, in relation to building work with an estimated cost of more than $5 000 that required a permit under the Building Regulations 1994 , that is covered by a building permit under those regulations and had not been finished prior to the commencement of the Act is not work that is taken into account in determining the work of an owner builder under the definition of owner builder in section 3(1) of the Act.

3.   Provision relating to expiry of certain permits not to apply

The amendment of section 112 of the Act by the Building Amendment Act 2012 does not apply in relation to a building permit, permit of substantial compliance or a permit to proceed, that was issued before the commencement of that Act.

4.   Determination of complaint lodged before commencement of Building Amendment Act 2012

If, immediately before the commencement of all the provisions of the Building Amendment Act 2012 , a complaint has been lodged with the Director and not determined, that complaint and any subsequent appeal is to be determined as if that Act had not commenced.

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

Notified in the Gazette on 25 June 2014

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) make provision for the following matters under the Building Act 2000 relating to building:

(i) restrictions on buildings;

(ii) matters relating to building permits;

(iii) requirements to perform building work;

(iv) inspection and enforcement in relation to building work;

(v) occupancy requirements;

(vi) maintenance of certain features;

(vii) other miscellaneous matters; and

(b) are made consequentially on the repeal of the Building Regulations 2004 under section 11 of the Subordinate Legislation Act 1992 .