Building Amendment Act 2005 (Qld)

Queensland Building Amendment Act 2005 Act No. 23 of 2005

Queensland Building Amendment Act 2005 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Replacement of s 12B (Meaning of budget accommodation building) ...................................... 4 12B Meaning of budget accommodation building . . . . . . . 4

Queensland Building Amendment Act 2005 Act No. 23 of 2005 An Act to amend the Building Act 1975 [Assented to 19 May 2005]

s1 4 Building Amendment Act 2005 The Parliament of Queensland enacts— s3 No. 23, 2005 1 Short title This Act may be cited as the Building Amendment Act 2005 . 2 Act amended This Act amends the Building Act 1975 . 3 Replacement of s 12B (Meaning of budget accommodation building ) Section 12B— omit, insert— ‘12B Meaning of budget accommodation building ‘(1) A budget accommodation building is a building that— (a) has bathroom or sanitary facilities, other than a laundry, shared by all or any of the occupants of the building; and (b) provides accommodation of a following type for 6 or more persons— (i) boarding house, backpacker or other hostel, guesthouse or similar type accommodation; (ii) bed and breakfast, farmstay or hotel accommodation; (iii) accommodation for persons who have an intellectual or physical disability and require full time or part time care. ‘(2) However, each of the following is not a budget accommodation building— (a) a building used as a class 1a building or class 2 building; (b) a hotel that does not provide accommodation to paying guests; (c) a motel building in which individual beds can not be let;

s3 5 s3 Building Amendment Act 2005 No. 23, 2005 (d) a building that can only be let as a whole; (e) a building— (i) in which an employer provides, under, or as an incident of, an employer-employee relationship, accommodation to persons other than backpackers or fruit-pickers; and (ii) in which no one is accommodated other than— (A) a person provided accommodation as mentioned in subparagraph (i); or (B) the employer; or (C) the employer’s spouse or other relatives; (f) a building that is, or forms part of— (i) a corrective services facility under the CorrectiveServices Act 2000 ; or (ii) a detention centre under the JuvenileJusticeAct 1992; (g) a facility in which residential care under the Aged Care Act 1997 (Cwlth) is provided by an approved provider under that Act; (h) a building— (i) that is, or is located within or is part of, an educational institution; or (ii) in which an educational institution provides accommodation only for its students; (i) a class 9a building, other than a building the primary use of which is to provide accommodation (rather than medical supervision) to persons with an intellectual or physical disability; (j) a building used as a womens’ refuge or shelter that is not used for any other type of accommodation; (k) a building in which the only accommodation provided is to lifesavers;

s3 6 s3 Building Amendment Act 2005 No. 23, 2005 (l) a building in which the only accommodation provided is recreational accommodation for camps for school groups, girl guides, scouts or similar groups. ‘(3) In this section— bathroom or sanitary facilities , for a building, means— (a) bathroom or sanitary facilities located in the building; or (b) bathroom or sanitary facilities located elsewhere that are used in relation to the occupation of the building. Example for paragraph (b) — an outhouse used by occupants of the building class 1a building means a building that, under the 2004 edition of the BCA, part A3.2, is classified as a class 1a building. 1 class 2 building means a building that, under the 2004 edition of the BCA, part A3.2, is classified as a class 2 building. 2 1 BCA (2004 edition), part A.3.2 (Classifications)— ‘ Class 1a —a single dwelling being— (i) a detached house; or (ii) one or more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house, town house or villa unit; ...’ 2 BCA (2004 edition), part A.3.2 (Classifications)— ‘ Class 2: a building containing 2 or more sole-occupancy units each being a separate dwelling. ...’

s3 7 s3 Building Amendment Act 2005 No. 23, 2005 class 9a building means a building that, under the 2004 edition of the BCA, part A3.2, is classified as a class 9a building. 3 educational institution means any of the following— (a) a State educational institution under the Education(General Provisions) Act 1989 , section 2(1); (b) a school that is provisionally accredited, or accredited, under the Education(AccreditationofNon-StateSchools) Act 2001 ; (c) a TAFE institute under the VocationalEducation,Training and Employment Act 2000 ; (d) a university. farmstay , for accommodation, means accommodation at a farm for paying guests of the farm.’. © State of Queensland 2005 3 BCA (2004 edition), part A.3.2 (classifications)— ‘ Class 9a —a health-care building ; including those parts of the building set aside as a laboratory; ...’ B CA (2004 edition), part A1.1 (Definitions)— ‘ Health- care building means a building whose occupants or patients undergoing medical treatment generally need physical assistance to evacuate the building during an emergency and includes— (a) a public or private hospital; or (b) a nursing home or similar facility for sick or disabled persons needing full-time care; or (c) a clinic, day surgery or procedure unit where the effects of the predominant treatment administered involve patients becoming non-ambulatory and requiring supervised medical care on the premises for some time after the treatment.’