Building Amendment Regulation (No. 5) 2010 (Qld)

Queensland Building Amendment Regulation (No. 5) 2010 Subordinate Legislation 2010 No. 309 made under the BuildingAct1975 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of ss 14 to 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14 Warning sign requirements and display—Act, s 233 . 3 5 Insertion of new ss 15 and 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15 Prescribed local governments—Act, s 246ACA . . . . . 4 16 Prescribed notification requirements—Act, s 246ATM 4 6 Amendment of s 16B (Prescribed professional indemnity insurance—Act, s 246AV). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 16D (Prescribed minor repairs—Act, s 246BE). 5 8 Insertion of new pt 4, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 3 Provisions about demerit points Subdivision 1 General 16E Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subdivision 2 Calculation, allocation and accumulation of demerit points 16F Prescribed demerit points—Act, s 246CG(2)(d) and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16G Allocation of demerit points for demerit contraventions ........................ 7

Building Amendment Regulation (No. 5) 2010 Contents 16H When demerit points allocated for demerit offences . 16I PSC must notify pool safety inspector about allocation of demerit points. . . . . . . . . . . . . . . . . . . . . 16J Limit on demerit points from single audit or investigation ........................... 16K Procedure if PSC decides pool safety inspector has accumulated 16 demerit points . . . . . . . . . . . . . . . . . 16L Ending procedure without further action . . . . . . . . . . 16M Notice of accumulation of 16 demerit points after submission period . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Reviews of PSC’s decisions 16N Reviews by tribunal of decisions under div 3 . . . . . . . 9 Replacement of s 51BL (Approval of amendment of QDC by replacing part MP3.4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51BL Approval of amendment of QDC by replacing part MP3.4 ............................... 10 Amendment of sch 1 (Prescribed building work for Act, section 21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Renumbering of schs 2A and 2B . . . . . . . . . . . . . . . . . . . . . . . . . 12 Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2A Prescribed local governments 13 Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 9 9 10 10 11 11 12 12 12 12 14 14 Page 2 2010 SL No. 309

Building Amendment Regulation (No. 5) 2010 [s 1] 1 Short title This regulation may be cited as the Building Amendment Regulation (No. 5) 2010 . 2 Commencement Sections 4, 6 and 10 commence on 1 December 2010. 3 Regulation amended This regulation amends the Building Regulation 2006 . 4 Replacement of ss 14 to 16 Sections 14 to 16— omit , insert — ‘14 Warning sign requirements and display—Act, s 233 ‘(1) This section prescribes, for section 233(2) of the Act— (a) the way a warning sign must be displayed on land before the construction of a regulated pool, other than a portable swimming pool, on the land; and (b) the requirements for the sign. ‘(2) The sign must— (a) warn members of the public in the vicinity of the land that— (i) a swimming pool is under construction on the land; and (ii) there is a potential danger to young children accessing the land; and Example of what sign must state — ‘Danger. Swimming pool under construction. Keep children out.’ (b) subject to subsection (4), be placed on, or within 1.5m of, the road frontage for the land; and 2010 SL No. 309 Page 3

Building Amendment Regulation (No. 5) 2010 [s 5] (c) be mounted so that the bottom of the sign is at least 300mm above ground level; and (d) be positioned so that it is visible from the road; and (e) be made of weatherproof material. ‘(3) Any lettering on the sign that relates to the warning mentioned in subsection (2)(a) must be at least 50mm in height and in a bold style. ‘(4) If the land has more than 1 road frontage, a sign need only be placed on 1 of the frontages. ‘(5) The sign may include a reference to a matter other than the warning mentioned in subsection (2)(a). ‘(6) In this section— road frontage , for land, means— (a) if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access; or (b) otherwise—the boundary between the land and any road adjoining the land.’. 5 Insertion of new ss 15 and 16 Part 4, division 2— insert — ‘15 Prescribed local governments—Act, s 246ACA ‘For section 246ACA of the Act, a prescribed local government is a local government mentioned in schedule 2A. ‘16 Prescribed notification requirements—Act, s 246ATM ‘(1) This section prescribes for section 246ATM(2) of the Act a notification requirement for the owner of regulated premises. ‘(2) The owner must give a prospective purchaser of the premises, before entering into any contract for the sale of the premises, a notice in the approved form. Page 4 2010 SL No. 309

Building Amendment Regulation (No. 5) 2010 [s 6] Editor’s note — The approved form can be accessed, free of charge, on the department’s website at < Maximum penalty—20 penalty units.’. 6 Amendment of s 16B (Prescribed professional indemnity insurance—Act, s 246AV) Section 16B— insert — ‘(4) Subsection (1) does not apply to a pool safety inspector employed as a pool safety inspector by any of the following if the pool safety inspector is performing a pool safety inspection function in the course of the pool safety inspector’s employment— (a) a local government; (b) the State; (c) the Commonwealth.’. 7 Amendment of s 16D (Prescribed minor repairs—Act, s 246BE) Section 16D, ‘schedule 2A’— omit , insert — ‘schedule 2B’. 8 Insertion of new pt 4, div 3 Part 4— insert — 2010 SL No. 309 Page 5

Building Amendment Regulation (No. 5) 2010 [s 8] ‘Division 3 Provisions about demerit points ‘Subdivision 1 General ‘16E Definitions for div 3 ‘In this division— accumulate see section 16F(4). continuous 3-year period , in relation to the accumulation of demerit points, means a continuous period of 3 years or less. demerit contravention , by a pool safety inspector, means a contravention, after the commencement of this definition, of a requirement imposed under a relevant provision. demerit points means demerit points allocated by PSC under this division for a demerit contravention. relevant provision means any of the following provisions of the Act— (a) section 246AA(2); (b) section 246AB(2); (c) section 246AC(2); (d) section 246AC(4); (e) section 246AD(2); (f) section 246AJ(4); (g) section 246AM(2); (h) section 246AV. Page 6 2010 SL No. 309

‘Subdivision 2 Building Amendment Regulation (No. 5) 2010 [s 8] Calculation, allocation and accumulation of demerit points ‘16F Prescribed demerit points—Act, s 246CG(2)(d) and sch 2 ‘(1) For section 246CG(2)(d) of the Act, the prescribed number of demerit points is 16 demerit points in a continuous 3-year period. ‘(2) For schedule 2, definition ground for disciplinary action , paragraph (f) of the Act, the prescribed number of demerit points is 16 demerit points in a continuous 3-year period. ‘(3) For subsections (1) and (2), to work out the number of demerit points a pool safety inspector has accumulated in a continuous 3-year period, PSC may add up the demerit points accumulated by the inspector during the relevant continuous 3-year period. ‘(4) A pool safety inspector accumulates a demerit point when the demerit point takes effect. ‘16G Allocation of demerit points for demerit contraventions ‘(1) This section applies to a pool safety inspector who has committed a demerit contravention. ‘(2) PSC may allocate 2 demerit points under this division to the pool safety inspector for the demerit contravention. ‘(3) This section is subject to section 16J. ‘16H When demerit points allocated for demerit offences ‘(1) PSC must allocate demerit points to a pool safety inspector for a demerit contravention as soon as practicable after PSC becomes aware of the demerit contravention. ‘(2) Demerit points for a demerit contravention take effect on the following day— 2010 SL No. 309 Page 7

Building Amendment Regulation (No. 5) 2010 [s 8] (a) for demerit points allocated for a demerit contravention other than a contravention of section 246AD(2) of the Act—the day after the last day on which the pool safety inspector was required to comply with the relevant provision; (b) for demerit points allocated for a contravention of section 246AD(2) of the Act—the day on which PSC became aware of the demerit contravention. ‘16I PSC must notify pool safety inspector about allocation of demerit points ‘(1) This section applies if PSC allocates demerit points to a pool safety inspector. ‘(2) PSC must, as soon as practicable after the demerit points are allocated, give the pool safety inspector a notice stating the following— (a) the demerit points allocated; (b) the demerit contravention for which the demerit points have been allocated; (c) the day the demerit points were allocated; (d) the day the demerit points took effect; (e) that the accumulation of 16 demerit points in a continuous 3-year period is a matter to be considered by PSC under section 246CG(2)(d) of the Actif PSC is considering whether the pool safety inspector is a suitable person to hold a licence; (f) that the accumulation of 16 demerit points in a continuous 3-year period is a ground for disciplinary action under the Act and is a matter to be considered by— (i) PSC, if PSC is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 2 of the Act; or Page 8 2010 SL No. 309

Building Amendment Regulation (No. 5) 2010 [s 8] (ii) the tribunal, if the tribunal is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 3 of the Act. ‘(3) The notice must include an information notice about the decision to allocate the demerit points. ‘16J Limit on demerit points from single audit or investigation ‘(1) This section applies if a pool safety inspector commits a demerit contravention discovered by PSC as a result of a notice given to a pool safety inspector under section 246CP(1) of the Act. ‘(2) Nothing in this section prevents other demerit points being allocated to the pool safety inspector for a demerit contravention discovered by PSC as a result of a later notice given under section 246CP(1) of the Act. ‘(3) However, other demerit points must not be allocated for a demerit contravention discovered by PSC as a result of a later notice if the demerit contravention— (a) was committed before the earlier notice; and (b) was discovered as a result of the earlier notice and resulted in the allocation of demerit points. ‘16K Procedure if PSC decides pool safety inspector has accumulated 16 demerit points ‘(1) This section applies if PSC decides that a pool safety inspector has accumulated 16 demerit points in a continuous 3-year period. ‘(2) PSC must give the pool safety inspector a notice stating the following— (a) the details of the demerit contraventions for which the demerit points have accumulated; (b) the days the points were allocated; (c) the days the points took effect; 2010 SL No. 309 Page 9

Building Amendment Regulation (No. 5) 2010 [s 8] (d) the effect of the inspector having accumulated 16 demerit points in a continuous 3-year period; (e) that the pool safety inspector may, within a stated period, make written submissions about why the pool safety inspector has not accumulated 16 demerit points in the continuous 3-year period. ‘(3) The stated period must end at least 28 days after the pool safety inspector is given the notice. ‘(4) PSC must consider any submissions made by the pool safety inspector. ‘16L Ending procedure without further action ‘(1) This section applies if, after considering any submissions made by the pool safety inspector in the stated period, PSC is satisfied the individual has not accumulated 16 demerit points in the continuous 3-year period. ‘(2) PSC must, as soon as practicable, advise the pool safety inspector by notice that it does not intend to take any further action. ‘16M Notice of accumulation of 16 demerit points after submission period ‘(1) This section applies if— (a) after considering any submissions made by the pool safety inspector, PSC still considers the inspector has accumulated 16 demerit points in a continuous 3-year period; or (b) the pool safety inspector does not make any submissions. ‘(2) PSC must, by notice given to the pool safety inspector, inform the inspector that— (a) PSC still considers the inspector has accumulated 16 demerit points in a continuous 3-year period; and Page 10 2010 SL No. 309

Building Amendment Regulation (No. 5) 2010 [s 9] (b) the accumulation of 16 demerit points in a continuous 3-year period is a matter to be considered by PSC under section 246CG(2)(d) of the Actif PSC is considering whether the pool safety inspector is a suitable person to hold a licence; and (c) the accumulation of 16 demerit points in a continuous 3-year period is a ground for disciplinary action under the Act and is a matter to be considered by— (i) PSC if PSC is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 2 of the Act; or (ii) the tribunal if the tribunal is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 3 of the Act. ‘(3) The notice must include an information notice about the decision to allocate the demerit points. ‘Subdivision 3 Reviews of PSC’s decisions ‘16N Reviews by tribunal of decisions under div 3 ‘(1) This section applies if a pool safety inspector is given an information notice about a decision of PSC under this division. ‘(2) The pool safety inspector may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.’. 9 Replacement of s 51BL (Approval of amendment of QDC by replacing part MP3.4) Section 51BL— omit , insert — 2010 SL No. 309 Page 11

Building Amendment Regulation (No. 5) 2010 [s 10] ‘51BL Approval of amendment of QDC by replacing part MP3.4 ‘(1) The amendment of the QDC by replacing part MP3.4 published by the chief executive on 21 October 2010 is approved under section 13(3) of the Act. ‘(2) The approval takes effect on 5 November 2010.’. 10 Amendment of sch 1 (Prescribed building work for Act, section 21) (1) Schedule 1, section 1(2)(a), ‘schedule 2A’— omit , insert — ‘schedule 2B’. (2) Schedule 1, section 1(2)(b), ‘schedule 2B’— omit , insert — ‘schedule 2C’. 11 Renumbering of schs 2A and 2B Schedules 2A and 2B— renumber as schedules 2B and 2C. 12 Insertion of new sch 2A After schedule 2— insert — ‘Schedule 2A Prescribed local governments section 15 Page 12 Aurukun Shire Council Balonne Shire Council Banana Shire Council 2010 SL No. 309

Building Amendment Regulation (No. 5) 2010 [s 12] Barcaldine Regional Council Barcoo Shire Council Blackall Tambo Regional Council Boulia Shire Council Bulloo Shire Council Burke Shire Council Carpentaria Shire Council Cassowary Coast Regional Council Central Highlands Regional Council Charters Towers Regional Council Cloncurry Shire Council Cook Shire Council Croydon Shire Council Diamantina Shire Council Doomadgee Aboriginal Shire Council Etheridge Shire Council Flinders Shire Council Hinchinbrook Shire Council Hope Vale Aboriginal Shire Council Isaac Regional Council Kowanyama Aboriginal Shire Council Lockhart River Aboriginal Shire Council Longreach Regional Council Mapoon Aboriginal Shire Council Maranoa Regional Council McKinlay Shire Council Mornington Shire Council Mount Isa City Council 2010 SL No. 309 Page 13

Building Amendment Regulation (No. 5) 2010 [s 13] Murweh Shire Council Napranum Aboriginal Shire Council Northern Peninsula Area Regional Council Palm Island Aboriginal Shire Council Paroo Shire Council Pormpuraaw Aboriginal Shire Council Quilpie Shire Council Richmond Shire Council Tablelands Regional Council Torres Shire Council Torres Strait Island Regional Council Whitsunday Regional Council Winton Shire Council Woorabinda Aboriginal Shire Council Wujal Wujal Aboriginal Shire Council’. 13 Amendment of sch 3 (Fees) Schedule 3— insert — ‘4A Fee for an identification number for a pool safety certificate (Act, s 246AJ(3)) . . . . . . . . . . . . . . . . . . . . . . . . 30.00’. 14 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ accumulate , for part 4, division 3, see section 16F(4). continuous 3-year period , for part 4, division 3, see section 16E. demerit contravention , for part 4, division 3, see section 16E. Page 14 2010 SL No. 309

Building Amendment Regulation (No. 5) 2010 [s 14] demerit points , for part 4, division 3, see section 16E. relevant provision , for part 4, division 3, see section 16E.’. ENDNOTES 1 Made by the Governor in Council on 4 November 2010. 2 Notified in the gazette on 5 November 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2010 2010 SL No. 309 Page 15