Building (Amendment) Regulations 1997 (Vic)

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Building (Amendment) Regulations 1997

S.R. No. 79/1997

TABLE OF PROVISIONS

Regulation Page

1. Objective 1
2. Authorising provisions 1
3. Commencement 2
4. Principal Regulations 2
5. Exemptions 2
6. Building Code of Australia 5
1.7 Building Code of Australia 6
7. New regulations 1.8 and 1.9 inserted 6
1.8 Use of performance requirements of the BCA 7
1.9 Effect of accreditation of building products 9
8. Reporting authorities 9
9. New regulation 2.15 substituted 10
2.15 Documents to be lodged with council 10
10. Lodgement fees 11
11. Self contained smoke alarms 11
12. New regulation 5.15 inserted 11
5.15 Residential care buildings 12
13. Infringement notices 13
14. New regulation 9.10 inserted 14
9.10 Documents to be lodged with council 14
15. Application and interpretation 15
16. Building Appeals Board fees 15
17. Prescribed qualifications and classes 16
18. Transitional 17
19. Certificates of compliance 18
20. New Part 15A inserted 18
PART 15A—EXEMPTIONS IN RELATION TO CERTAIN
BUILDINGS 18
15A.1 Exemptions in relation to certain buildings 18
21. Schedule 2—Form 3 20
22. Schedule 2—Form 4 20
23. Schedule 2—Form 5 21
24. Schedule 2—Form 10 21

═══════════════

NOTES 22

i

STATUTORY RULES 1997

S.R. No. 79/1997
Building Act 1993

Building (Amendment) Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 29 July 1997
Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government

SHARNE BRYAN

Clerk of the Executive Council

1. Objective
The objective of these Regulations is to amend the
Building Regulations 1994—

(a)

to adopt with modifications the Building Code of Australia; and

(b)

to make changes arising from the amendment of the Building Act 1993 by the Building (Further Amendment) Act 1997; and

(c)

to prescribe matters relating to fire safety in certain existing residential buildings; and

(d)

to generally improve the operation of those Regulations.

2. Authorising provisions
These Regulations are made under the powers contained in sections 3, 7, 9, 14, 15, 16, 30, 73,

Building (Amendment) Regulations 1997

r. 3	S.R. No. 79/1997

170, 238, 261 and 262 and Schedules 1 and 2 of
the Building Act 1993.

3. Commencement
(1) These Regulations (except Regulation 16(1))
come into operation on 1 August 1997.

(2) Regulation 16(1) comes into operation on

1 January 1998.

4. Principal Regulations
In these Regulations the Building Regulations
19941 are called the Principal Regulations.

5. Exemptions
In Table 1.6 of regulation 1.6 of the Principal
Regulations—

(a) in paragraph (c) after "fence" insert "(other than a fence forming part of a safety barrier for a swimming pool constructed on or after 8 April 1991 or a fence forming part of a
children’s service outdoor play space)".

(b) after paragraph (d) insert—

'(da) Any facility (within the Parts 2

meaning of paragraph (b) and 3
of the definition of and
"facility" in section 7 in Parts 5
the Telecommunications to 16
Act 1997 of the
Commonwealth) to be
constructed or demolished
by a carrier (within the
meaning of that section).'

(c) after paragraph (kc) insert—

"(kd) Re-erection of a re- All Parts

locatable building used as except
a State School (within the Part 1

Building (Amendment) Regulations 1997

r. 5

S. R. No. 79/1997
meaning of the Education
Act 1958), a school
(within the meaning of
Part III of that Act), or a
TAFE Institution (within
the meaning of the
Vocational and
Educational Training
Act 1990) if—

(i)
the building will not than 300m2; and
(ii)  the building or building work will not adversely affect the structural

soundness of that, or any
other building; and
(iii)  the building or building work will not adversely affect the safety of the

public or the occupiers
of the building.".

(d)

in paragraph (l) after "will not" (where twice occurring) insert "adversely".
(e) after paragraph (l) insert—

"(la) Construction or All Parts

demolition of a Class except
10 building if the Parts 1
building work— and 4
(i)  has a cost of less than $5000 (including the value of all labour and
materials); and

Building (Amendment) Regulations 1997

r. 3

S.

R. No. 79/1997

(ii)	will not adversely affect the structural soundness of any building; and
(iii)	will not adversely affect the safety of the public or occupiers of any building; and
(iv)	will not project beyond the street alignment; and
(v)	on, or in connection with, a building included on the Heritage Register

is not work carried out Heritage Act 1995; and

(vi) will not involve
construction over an
easement vested in the
council or other
authority specified in
regulation 2.4.

(lb) Alterations to a building All Parts

if the building work— except Parts 1 and 4
(i) has a cost of less than $5000 (including the value of all labour and
materials); and
(ii) will not adversely affect the structural soundness of any building; and

(iii) will not adversely affect
the safety of the public

Building (Amendment) Regulations 1997

S.R. No. 79/1997 r. 6
or occupiers of any
building; and

(iv) will not project beyond
the street alignment; and
(v) is not demolition,
removal or re-erection of
a building; and
(vi)
an item listed in Table
11.2 which was required
by or under these
Regulations or any
corresponding previous
regulations to be
is not work in relation to and

(vii)
on, or in connection
with, a building included
on the Heritage Register
is not work carried out Heritage Act 1995; and

(viii) will not involve
construction over an
easement vested in the
council or other
authority specified in
regulation 2.4.".

6. Building Code of Australia
For regulation 1.7 of the Principal Regulations substitute—

Building (Amendment) Regulations 1997

r. 7	S.R. No. 79/1997

"1.7 Building Code of Australia
(1) The BCA is adopted by and forms part of
these Regulations as modified by this
regulation.
(2) In the definition of Certificate of
Accreditation in the BCA, a State or
Territory accreditation authority means the
Building Regulations Advisory Committee.
(3) Clause A2.2 of Volume One of the BCA
applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building
practitioner under section 238 of the Act
complying with regulation 15.7.
(4) Clause 1.2.2 of Volume Two of the BCA
applies as if a certificate referred to in paragraph (a)(iii) of that clause were a certificate of a prescribed building
practitioner under section 238 of the Act
complying with regulation 15.7.
(5) For the purposes of these Regulations,
buildings must be classified as set out in the
BCA.
(6) If there is any doubt as to the classification

of a building under the BCA, the relevant
building surveyor must classify the building
as belonging to the class it most closely
resembles.".

7. New regulations 1.8 and 1.9 inserted
After regulation 1.7 of the Principal Regulations insert—

Building (Amendment) Regulations 1997

S.R. No. 79/1997 r. 7
'1.8 Use of performance requirements of the
BCA
(1) Despite anything to the contrary in the BCA,
a relevant building surveyor must not determine that an alternative solution complies with a fire performance
requirement of the BCA unless the relevant
building surveyor—
(a) either—
(i) holds the Graduate Certificate in Performance Based Building and Fire Codes from Victoria
University of Technology; or
(ii) holds a qualification that the Building Practitioners Board considers is equivalent to that Certificate; or

(b) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or
(c) relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, which states that that the alternative solution complies with that performance requirement; or
(d)
Building Appeals Board under section
160A of the Act that the alternative
relies on a determination of the performance requirement; or

Building (Amendment) Regulations 1997

r. 7	S.R. No. 79/1997

(e)
issued by the Building Regulations
Advisory Committee which states that
relies on a Certificate of Accreditation that performance requirement; or

(f)
issued by the Australian Building
Codes Board which states that the
relies on a Certificate of Conformity performance requirement; or

(g)

relies on a report of the chief officer under regulation 2.2 which states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that alternative solution.
(2) In this regulation—
"fire performance requirement" means—

(a)
DP2 or DP3 of Volume One of the
performance requirement BP1.1, to fire safety); or

(b)
CP2, CP3, CP4, CP5, CP6, CP7,
CP8, CP9, DP4, DP5, DP6, EP1.1,
EP1.2, EP1.3, EP1.4, EP1.5 or
performance requirement CP1, BCA; or

(c) performance requirement P2.1 of Volume Two of the BCA (to the extent that it relates to fire safety);
or

(d)

performance requirement P2.3.1 or P2.3.2 of Volume Two of the BCA;

Building (Amendment) Regulations 1997

S.R. No. 79/1997 r. 8
"fire safety engineer" means a registered
building practitioner in the category of engineer, class of fire safety engineer.

1.9 Effect of accreditation of building products For the purposes of sections 14 and 15 of the Act the Australian Building Codes Board is a prescribed body.'.

8. Reporting authorities
(1) In regulation 2.2 of the Principal Regulations, in
Table 2.2, for column 2 of the item relating to the chief officer substitute—
"The following fire safety matters if those matters do not meet the deemed-to-satisfy provisions in the BCA: hydrants, hose reels,
fire control centres or rooms, fire precautions
during construction, fire mains, control
valves, booster assemblies, emergency
vehicle access, fire indicator panels, or
proscenium curtain drencher systems.".

(2) For sub-regulation 2.2(2) of the Principal

Regulations substitute—
"(2) The consent and report of the chief officer
must be obtained to an application for a
building permit which involves any of the
following fire safety matters if those matters
do not meet the deemed-to-satisfy provisions
of the BCA—
(a) hydrants;
(b) hose reels;
(c) fire control centres or rooms;
(d) fire precautions during construction;
(e) fire mains;
(f) control valves;

Building (Amendment) Regulations 1997

r. 9	S.R. No. 79/1997

(g) booster assemblies;
(h) emergency vehicle access;
(i) fire indicator panels;
(j) proscenium curtain drencher system.".

9. New regulation 2.15 substituted
For regulation 2.15 of the Principal Regulations substitute—
"2.15 Documents to be lodged with council
(1) The following documents are prescribed for
the purposes of section 30(1A) of the Act—

(a) a notice given to the relevant building surveyor under section 24(4) of the Act;
(b) a notice given to the relevant building surveyor under section 24(4A) of the Act;
(c) a notice served on the relevant building surveyor under section 84 of the Act;
(d) a notice given to the relevant building surveyor under section 85 of the Act;
(e) a determination of the relevant building surveyor under section 87 of the Act;
(f) a determination of the Building Appeals Board;
(g)
surveyor under the BCA that an
a determination of the relevant building performance requirement of the BCA;

(h) a report and consent of a reporting authority referred to in regulation 2.2;
(i) a determination of the relevant building surveyor under regulation 3.2;

Building (Amendment) Regulations 1997

r. 10
r. 12

S.R. No. 79/1997

(j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3;
(k) a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to
protect the safety of the public;

(l) a consent of the relevant building surveyor under regulation 5.7;
(m) an exemption given by the relevant building surveyor under regulation 9.9;
(n) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3).
(2) The prescribed time for the purposes of

section 30(1A) of the Act is 7 days after the
issue of the building permit.".

10. Lodgement fees
In regulation 2.16 of the Principal Regulations for
"$3000" substitute "$5000".

11. Self contained smoke alarms
In regulation 5.14 of the Principal Regulations for
sub-regulation (1) substitute—
"(1) This regulation applies to any Class 1, 2 or 3
building or Class 4 part of a building
constructed or for which a building approval
or building permit was granted prior to 1
August 1997.".

12. New regulation 5.15 inserted
After regulation 5.14 of the Principal Regulations insert—

Building (Amendment) Regulations 1997

S.R. No. 79/1997

"5.15 Residential care buildings

(1) This regulation applies to any building—

(a)
persons who need physical assistance in
conducting their daily activities and to
evacuate the building during an
emergency (including any supported
which is a place of residence for home as defined in the Health Services Act 1988) but does not include—
(i) a hospital; or
(ii) a dwelling in which two or more members of the same family and not more than two other persons would ordinarily be resident; or

(iii)
than 10% of residents need
physical assistance in conducting
their daily activities and to
a place of residence where less emergency; and

(b)

which was constructed or for which a building approval or building permit was granted prior to 1 August 1997.
(2) A residential type fire sprinkler system
complying with AS 2118.4—1995 Automatic fire sprinkler systems— Residential must be installed in each
building to which this regulation applies.
(3) If the sprinkler system referred in sub-
regulation (2) has more than 100 heads or the
building to which this regulation applies
accommodates more than 32 residents, the
sprinkler system must be connected to the
fire brigade in accordance with Practice Note

Building (Amendment) Regulations 1997

r. 12
r. 13

S.R. No. 79/1997

No. 7 reissued by the Building Control
Commission in July 1997.
(4) This regulation must be complied with—

(a) within 5 years of the date of commencement of this regulation; or
(b) if a contract for the sale of the building is entered into after that commencement, within 6 months after—
(i) in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962), the date of completion of the contract; and

(ii)
purchaser becomes entitled to
possession or to the receipt of
in the case of a terms contract, the contract—

whichever is earlier.

(5) This regulation must be complied with by—

(a) in the case of a building being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that building; and
(b) in the case of any other building, the owner of that building.
(6) A person who fails to comply with this

regulation is guilty of an offence and liable
to a penalty not exceeding 10 penalty units.".

13. Infringement notices

Building (Amendment) Regulations 1997
S.R. No. 79/1997

(1) In regulation 8.2(a) of the Principal Regulations after "against regulations" insert "11.4,".
(2) In regulation 8.2(b) of the Principal Regulations after "5.14," insert "5.15, 11.4".
(3) In regulation 8.2(c) of the Principal Regulations after "5.14," insert "5.15, 11.4".
(4) In regulation 8.5 of the Principal Regulations after "5.14," insert "5.15, 11.4".

14. New regulation 9.10 inserted
After regulation 9.9 of the Principal Regulations insert—
"9.10 Documents to be lodged with council
(1) The following documents are prescribed for
the purposes of section 73(1A) of the Act—

(a) a notice given to the relevant building surveyor under section 24(4) of the Act;
(b) a notice given to the relevant building surveyor under section 24(4A) of the Act;
(c) a notice served on the relevant building surveyor under section 84 of the Act;
(d) a notice given to the relevant building surveyor under section 85 of the Act;
(e) a determination of the relevant building surveyor under section 87 of the Act;
(f) a determination of the Building Appeals Board;
(g)
surveyor under the BCA that an
a determination of the relevant building performance requirement of the BCA;

Building (Amendment) Regulations 1997

r. 15
r. 16

S.R. No. 79/1997

(h) a report and consent of a reporting authority referred to in regulation 2.2;
(i) a determination of the relevant building surveyor under regulation 3.2;

(j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3;
(k) a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to
protect the safety of the public;

(l) a consent of the relevant building surveyor under regulation 5.7;
(m) an exemption given by the relevant building surveyor under regulation 9.9;
(n) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3).
(2) The prescribed time for the purposes of

section 73(1A) of the Act is 7 days after the
issue of the occupancy permit.".

15. Application and interpretation
(1) In regulation 11.1 of the Principal Regulations for

"This Division" substitute "(1) Subject to sub-
regulation (2), this Division".

(2) At the end of regulation 11.1 of the Principal
Regulations insert—
"(2) This Division does not apply to a smoke
alarm installed in a sole-occupancy unit in a
Class 1b, Class 2 or Class 3 building or Class
4 part of a building.".

16. Building Appeals Board fees

Building (Amendment) Regulations 1997

S.R. No. 79/1997

(1) In regulation 12.2(1)(b) of the Principal

Regulations—
(a) for "$90" substitute "$200"; and
(b) for "$200" substitute "$400".

(2) After regulation 12.2(1)(e) of the Principal
Regulations insert—
"or

(f) in the case of an application under section 160A of the Act—
(i) $300 in any matter involving a Class 1 or 10 building; and
(ii) $600 in any matter involving a building other than Class 1 or 10.".

17. Prescribed qualifications and classes
In regulation 15.3(1) of the Principal
Regulations—

(a)

for paragraph (b) substitute— "(b) Category of building inspector

(unlimited)—

(i)
science (building inspection) from
a course accredited under the
an associate diploma of applied Training Act 1990; and
(ii) 3 years of practical experience to the satisfaction of the Board;

(ba) Category of building inspector

(limited)—

(i)
an associate diploma of applied a course accredited under the

Building (Amendment) Regulations 1997

S.R. No. 79/1997 r. 18
Vocational Education and
Training Act 1990; and

(ii)
after examination of the applicant,
certifying that the applicant has
adequate knowledge and
experience to inspect the classes
a certificate issued by the Board, the certificate;".

(b)

after paragraph (f) insert— "(fa) Category of engineer, class of fire
safety engineer—

(i) the following qualifications—
(A) a degree in fire safety
engineering from a
university within the
meaning of the Tertiary
Education Act 1993; and
(B) 3 years of practical

experience to the satisfaction

of the Board; or

(ii)
as a fire safety engineer on the
National Professional Engineers
a current certificate of registration 3);".

18. Transitional
After regulation 15.4 (12) of the Principal
Regulations insert—
"(13) A building practitioner who immediately

before the commencement of the Building
(Amendment) Regulations 1997 was
registered under Part 11 of the Act as a
building inspector is deemed on that

Building (Amendment) Regulations 1997

r. 19

S.R. No. 79/1997

commencement to be registered under that
Part as a building inspector (unlimited).".

19. Certificates of compliance
In regulation 15.7(1) of the Principal
Regulations—

(a)

after paragraph (c) insert— "(ca) for a certificate relating to a fire safety
matter—category of engineer, class of
fire safety engineer;".

(b) in paragraph (f)(ii) after "(c)" insert ", (ca)".

20. New Part 15A inserted
After Part 15 of the Principal Regulations insert—
"PART 15A—EXEMPTIONS IN RELATION TO
CERTAIN BUILDINGS

15A.1 Exemptions in relation to certain buildings
(1) Sections 23, 30, 47, 73 of the Act do not apply to a relevant building surveyor and Clause 1(d) of Schedule 2 of the Act does not apply to an applicant for a building
permit in respect of the following classes of
buildings—

(a) premises that are used or intended to be used for the provision of residential accommodation by—
(i) a community service established under section 57 of the Children and Young Persons Act 1989; or
(ii) a community service established under section 58 of that Act and that are situated on Crown land or
land in relation to which the

Building (Amendment) Regulations 1997

S.R. No. 79/1997 r. 20
Secretary to the Department of
Human Services or the Director of
Housing is registered as
proprietor;

(b)

premises that are used or intended to be used as—

(i)
a remand centre within the Young Persons Act 1989;
(ii)  a secure welfare service within the meaning of that Act; or
(iii)  a youth residential centre within the meaning of that Act; or
(iv)  a youth training centre within the meaning of that Act; or

(c) premises that are used or intended to be used as—
(i) a prison established under section 10 of the Corrections Act 1986; or
(ii) a community corrections centre established under Part 9 of that Act.

(d)

premises that are used or intended to be used as—

(i)
meaning of the Intellectually
a residential institution within the 1986; or
(ii) a residential program within the meaning of that Act; or

(e)

premises that are used or intended to be used for the provision of residential

Building (Amendment) Regulations 1997

r. 21

r. 22	S.R. No. 79/1997
accommodation by a registered residential service within the meaning of the Intellectually Disabled Persons' Services Act 1986;

(f)

premises that are used or intended to be used as a courthouse by a court;

(g)

premises that are used or intended to be used as a police station;

(h)

premises that are used or intended to be used—

(i)
as an approved mental health Mental Health Act 1986; or

(ii)
24 hour nursing care for people
with a mental disorder within the
meaning of that Act and operated
with funding provided by the
to provide residential services and Human Services for that purpose;

(i) premises that are used or intended to be used as a youth refuge or a women's refuge operated with funding provided by the Secretary to the Department of Human Services for the purpose of providing a refuge.".

21. Schedule 2—Form 3
Form 3 of Schedule 2 of the Principal Regulations is revoked.

22. Schedule 2—Form 4
In Form 4 of Schedule 2 of the Principal
Regulations—

Building (Amendment) Regulations 1997

S.R. No. 79/1997

(a)

for "Building At 1993" substitute "Building Act 1993"; and

(b)

for "Builder name1" substitute "Builder name"; and

(c)

for "Builder address1" substitute "Builder address"; and
(d) for "ownership2" substitute "ownership".

23. Schedule 2—Form 5
In Form 5 of Schedule 2 of the Principal
Regulations for "building works" substitute
"building work".

24. Schedule 2—Form 10
In Form 10 of Schedule 2 of the Principal
Regulations for "Building practitioners1"
substitute "Building practitioners".

═══════════════

Building (Amendment) Regulations 1997

Notes

S.R. No. 79/1997

NOTES

1 S.R. No. 81/1994. Reprinted to S.R. No. 161/1996.
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the
Subordinate Legislation Regulations 1994.

Table of Applied, Adopted or Incorporated Matter

Statutory Rule Title of applied, adopted or Matter in applied,
provision incorporated document adopted or
incorporated
document
6, 7, 8, 9, 14 Building Code of Australia Whole
1996 published by the
Australian Building Codes
Board—

(a) as amended or remade from time to time; and
(b)
Appendix 1996 to that
Code published by that
Board as that Appendix is
as amended by the Victoria time to time.

5 Telecommunications Act 1997 Section 7
of the Commonwealth
12 AS 2118.4—1995 Automatic Whole
fire sprinkler systems—
Residential
12 Practice Note No. 7 re-issued Whole
by the Building Control
Commission in July 1997

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Citations

Building (Amendment) Regulations 1997 (Vic)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Exemptions	2
6.	Building Code of Australia	5
1.7 Building Code of Australia	6
7.	New regulations 1.8 and 1.9 inserted	6
1.8 Use of performance requirements of the BCA	7
1.9 Effect of accreditation of building products	9
8.	Reporting authorities	9
9.	New regulation 2.15 substituted	10
2.15 Documents to be lodged with council	10
10.	Lodgement fees	11
11.	Self contained smoke alarms	11
12.	New regulation 5.15 inserted	11
5.15 Residential care buildings	12
13.	Infringement notices	13
14.	New regulation 9.10 inserted	14
9.10 Documents to be lodged with council	14
15.	Application and interpretation	15
16.	Building Appeals Board fees	15
17.	Prescribed qualifications and classes	16
18.	Transitional	17
19.	Certificates of compliance	18
20.	New Part 15A inserted	18
PART 15A—EXEMPTIONS IN RELATION TO CERTAIN
BUILDINGS	18
15A.1 Exemptions in relation to certain buildings	18
21.	Schedule 2—Form 3	20
22.	Schedule 2—Form 4	20
23.	Schedule 2—Form 5	21
24.	Schedule 2—Form 10	21

(a)	to adopt with modifications the Building Code of Australia; and
(b)	to make changes arising from the amendment of the Building Act 1993 by the Building (Further Amendment) Act 1997; and
(c)	to prescribe matters relating to fire safety in certain existing residential buildings; and
(d)	to generally improve the operation of those Regulations.

meaning of paragraph (b)	and 3
of the definition of	and
"facility" in section 7 in	Parts 5
the Telecommunications	to 16
Act 1997 of the Commonwealth) to be constructed or demolished by a carrier (within the meaning of that section).'

locatable building used as	except
a State School (within the	Part 1

demolition of a Class	except
10 building if the	Parts 1
building work—	and 4

(iv)	will not project beyond the street alignment; and
(v)	is not demolition, removal or re-erection of a building; and
(vi)	an item listed in Table 11.2 which was required by or under these Regulations or any corresponding previous regulations to be

(b)	relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or
(c)	relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, which states that that the alternative solution complies with that performance requirement; or
(d)	Building Appeals Board under section 160A of the Act that the alternative

(a)	a notice given to the relevant building surveyor under section 24(4) of the Act;
(b)	a notice given to the relevant building surveyor under section 24(4A) of the Act;
(c)	a notice served on the relevant building surveyor under section 84 of the Act;
(d)	a notice given to the relevant building surveyor under section 85 of the Act;
(e)	a determination of the relevant building surveyor under section 87 of the Act;
(f)	a determination of the Building Appeals Board;
(g)	surveyor under the BCA that an

(j)	an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3;
(k)	a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to

(l)	a consent of the relevant building surveyor under regulation 5.7;
(m)	an exemption given by the relevant building surveyor under regulation 9.9;
(n)	any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3).

(a)	within 5 years of the date of commencement of this regulation; or
(b)	if a contract for the sale of the building is entered into after that commencement, within 6 months after—

(a)	in the case of a building being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that building; and
(b)	in the case of any other building, the owner of that building.

(f)	premises that are used or intended to be used as a courthouse by a court;
(g)	premises that are used or intended to be used as a police station;
(h)	premises that are used or intended to be used—

(a)	for "Building At 1993" substitute "Building Act 1993"; and
(b)	for "Builder name1" substitute "Builder name"; and
(c)	for "Builder address1" substitute "Builder address"; and

Statutory Rule	Title of applied, adopted or	Matter in applied,
provision	incorporated document	adopted or incorporated document
6, 7, 8, 9, 14	Building Code of Australia	Whole
1996 published by the Australian Building Codes Board—

(a)	as amended or remade from time to time; and
(b)	Appendix 1996 to that Code published by that Board as that Appendix is

5	Telecommunications Act 1997	Section 7
of the Commonwealth
12	AS 2118.4—1995 Automatic	Whole
fire sprinkler systems— Residential
12	Practice Note No. 7 re-issued	Whole
by the Building Control Commission in July 1997