Building Amendment Regulation (No. 3) 2009 (Qld)

Queensland Building Amendment Regulation (No. 3) 2009 Subordinate Legislation 2009 No. 191 made under the BuildingAct1975 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 12 (Designation by local planning instrument of bush fire prone areas for the BCA). . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 5A Cadet building certifiers 23A Appointment of cadet building certifier . . . . . . . . . . . . 2 23B Role of cadet building certifier and supervising certifier .............................. 3 23C Application of pt 5 to cadet building certifier. . . . . . . . 3 5 Amendment of s 39 (Referral agency inspection) . . . . . . . . . . . . 4 6 Insertion of new s 51BF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 51BF Approval of amendment of QDC by adding part MP2.4 ............................... 5 7 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5

Building Amendment Regulation (No. 3) 2009 [s 1] 1 Short title This regulation may be cited as the Building Amendment Regulation (No. 3) 2009 . 2 Regulation amended This regulation amends the Building Regulation 2006. 3 Amendment of s 12 (Designation by local planning instrument of bush fire prone areas for the BCA) (1) Section 12, heading, ‘for the BCA’— omit. (2) Section 12(1) and (2), ‘BCA’— omit, insert— ‘BCA or QDC’. (3) Section 12(2), note— omit. 4 Insertion of new pt 5A After part 5— insert— ‘Part 5A Cadet building certifiers ‘23A Appointment of cadet building certifier ‘(1) A person may be appointed as a cadet building certifier to assist a building certifier (the supervising certifier ) in the performance of building certifying functions, if— (a) the person has been employed by a local government or private certifier for at least 3 months assisting in the performance of building certifying functions under the direct supervision of a building certifier; and Page 2 2009 SL No. 191

Building Amendment Regulation (No. 3) 2009 [s 4] (b) the period of employment mentioned in paragraph (a) was completed not more than 6 months before the appointment; and (c) the person is undertaking a course of study that, if successfully completed, meets the educational standard required for accreditation by an accreditation standards body. ‘(2) In this section— direct supervision , of a cadet building certifier by a supervising certifier, means that the supervising certifier gives or has given the cadet building certifier technical direction about assisting in the performance of a building certifying function before or during the giving of the assistance, or as soon as reasonably practicable after it has been given. ‘23B Role of cadet building certifier and supervising certifier ‘(1) A cadet building certifier may assist a supervising certifier in the performance of building certifying functions only if the functions are permitted under the level of licence held by the supervising certifier. ‘(2) If a cadet building certifier assists a supervising certifier in the performance of a function, the supervising certifier is the person responsible for the function. ‘(3) In deciding whether to allow a cadet building certifier to assist in the performance of a function, a supervising certifier must have regard to the cadet building certifier’s level of ability, experience, qualifications and skills. ‘23C Application of pt 5 to cadet building certifier ‘(1) A building certifier may, under part 5, decide a cadet building certifier is a competent person to give design/specification help or inspection help. ‘(2) However, a building certifier can not decide a cadet building certifier is a competent person if the building certifier is— 2009 SL No. 191 Page 3

Building Amendment Regulation (No. 3) 2009 [s 5] (a) the cadet building certifier’s supervising certifier; or (b) the cadet building certifier’s employer; or (c) employed by the same employer as the cadet building certifier. ‘(3) To remove any doubt, it is declared that the appointment of a person as a cadet building certifier does not, of itself, mean the person appointed is competent to give design/specification help or inspection help under part 5.’. 5 Amendment of s 39 (Referral agency inspection) (1) Section 39(1)— omit, insert— ‘(1) This section applies if the referral agency receives— (a) a notice to inspect under section 38; or (b) a notice to inspect the installation of, or test, a special fire service under section 74 of the Act.’. (2) Section 39(2), after ‘building work’— insert— ‘or inspect or test the service’. (3) Section 39(3)— omit, insert— ‘(3) The agency must— (a) within 5 business days after receiving a notice under subsection (1), give the builder and the building certifier a notice stating it does not propose to inspect the building work or inspect or test the service; or (b) within 15 business days after receiving a notice under subsection (1), inspect the work or inspect or test the service, and give the builder and the building certifier a notice stating— (i) the referral agency aspects comply with the building development approval; or Page 4 2009 SL No. 191

Building Amendment Regulation (No. 3) 2009 [s 6] (ii) the referral agency aspects do not comply with the approval, and the reasons why they do not.’. 6 Insertion of new s 51BF After section 51BE— insert— ‘51BF Approval of amendment of QDC by adding part MP2.4 ‘(1) The amendment of the QDC by adding part MP2.4 published by the chief executive on 21 August 2009 is approved under section 13(3) of the Act. ‘(2) The approval takes effect on 1 October 2009.’. 7 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ supervising certifier see section 23A.’. ENDNOTES 1 Made by the Governor in Council on 10 September 2009. 2 Notified in the gazette on 11 September 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2009 2009 SL No. 191 Page 5