Building Amendment Regulations 1997 (WA)

20 June 1997]	GOVERNMENT GAZETTE, WA	2821
LG302

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960

BUILDING AMENDMENT REGULATIONS 1997

Made by the Governor in Executive Council under section 433A of the Act and section 9.60 of the Local Government Act 1995.

Citation

1. These regulations may be cited as the Building Amendment

Regulations 1997.

Provisions) Act 1960;

Commencement

2.      These regulations come into operation on 1 July 1997.

Principal regulations

3.     In these regulations the Building Regulations 1989* are referred to as

the principal regulations.

[* Reprinted as at 22 November 1995.

For amendments to 5 June 1997 see 1996 Index to Legislation of Western Australia, Table 4, pp.175-76.]

Regulation 3 amended

4.      (1) Regulation 3 (1) of the principal regulations is amended —

(a) by inserting the following definitions in the appropriate

alphabetical positions -

a

"Act" means the Local Government (Miscellaneous

2822 GOVERNMENT GAZETTE, WA [20 June 1997

"Building Code" means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board as amended from time to time, but not inclufing explanatory information published with that Code;

"local government" means the local government of the district in which a building is, or is proposed to be, constructed;
"performance requirements" means the provisions of the Building Code which set out the technical requirements in accordance with which buildings must be built;

(b)	by deleting the definition of "council";
(c)	in the definition "district" by deleting "municipal" and

substituting the following -

it

local government "; and

(d) in the definition of "owner" by deleting "in the occupation" and

substituting the following -

CC

in occupation ".

(2) Regulation 3 (2) of the principal regulations is repealed.

Regulation 5 amended

5.     Regulation 5 (1) of the principal regulations is amended by deleting

"Part A3 of that Code" and substituting the following -

Part A3 of Volume One of the Building Code ".

Regulation 6 amended

6.     (1) Regulation 6 (1) of the principal regulations is amended -

(a) in paragraph (b) by inserting after "regulations" the following -

it

or the Building Code "; and

(b) by deleting "by-laws or these regulations in operation under

Part XV of the Act" and substituting the following -

"

local laws, regulations and the Building Code as in

operation

(2) Regulation 6 (2) of the principal regulations is amended -

(a) by inserting after "regulations" in the first place where it occurs

the following -

it

or the Building Code "; and

(b)	in paragraph (a) by deleting "by-laws or regulations then in	operation under Part XV of the Act" and substituting the
following -
it

local laws, regulations and the Building Code as in
operation 27

Regulation 7 repealed

7. Regulation 7 of the principal regulations is repealed.

20 June 19971 GOVERNMENT GAZETTE, WA 2823

Part 3 repealed

8. Part 3 of the principal regulations is repealed.

Regulation 11 amended

9.     (1) Regulation 11 (1) (d) of the principal regulations and the heading

to that paragraph are deleted and the following is substituted -

"

Performance levels and requirements
(d) when required by the building surveyor -

(i)      building which will be satisfied by a method other than a list of the performance requirements applicable to that

that set out in the Deemed-to-Satisfy Provisions of the
Building Code;

(ii)     details of assessment methods to be used to establish compliance with those listed requirements;

(iii)    details of any expert certificates relied on to establish compliance with those listed requirements, including the extent of the reliance and the qualifications of the expert;

(iv)    details of any tests or calculations used to establish compliance with those listed requirements; and

(v)     details of any standards or other documents relied on to establish compliance with those listed requirements;

(da) any other details required by the building surveyor to establish	compliance with the Building Code;
and
deleting "an estimate of the cost" and substituting the following -	(2) Regulation 11 (1) (e) of the principal regulations is amended by
"
the estimated value (calculated in the manner set out in regulation 24 (2))

Regulation 14 amended

10.      Regulation 14 (2) of the principal regulations is amended by deleting

"notice." and substituting the following -
"

notice, together with details of the builder's rights under Part XV of the

Act to appeal against the refusal.

Regulation 18 amended

11.      Regulation 18 (1) of the principal regulations is amended by deleting

"table" and substituting the following -

Table ".

Regulation 19 amended

12.      Regulation 19 of the principal regulations is repealed and the following

regulation is substituted -

"

Classification of Buildings

19.     Every building shall be classified by the local government in

accordance with Part A3 of Volume One of the Building Code.

2824 GOVERNMENT GAZETTE, WA [20 June 1997

Regulation 20 amended

13.      Regulation 20 (3) of the principal regulations is amended by deleting

"council's" and substituting the following -

44 local government's ".

Regulation 23 amended

14.      Regulation 23 of the principal regulations is amended -

(a) by deleting "person" and substituting the following -

it A person ";

(b) by deleting "$400" and substituting the following -

it $5 000 ";and

(c) by deleting "$20" and substituting the following -

it $100 ".

Regulation 24 amended

15.      The Table to regulation 24 (1) of the principal regulations is amended

in item 3 by deleting the description and substituting the following

description -

it

Materials on, or excavation of a street materials on, or the excavation of, a street.

Regulation 31 amended

16.     (1) Regulation 31 (a) of the principal regulations is amended -

(a) the following - in subparagraph (i) (A) by deleting "Australia" and substituting

it

Commonwealth)

(as defined in the Telecommunications Act 1991 of the

(b)	following -	by deleting subparagraph (i) (B) and substituting the
44

(B) the Electricity Corporation, Gas Corporation or other	supply authority and arrangements shall be made for
the disconnection of energy services to the building, or the part of the building to be demolished; and

and

(c)	following -	in subparagraph (ii) by deleting "Council" and substituting the
" government ".

"council" and substituting the following -	(2) Regulation 31 (g) of the principal regulations is amended by deleting
the local government
20 June 19971 GOVERNMENT GAZETTE, WA 2825

inserted - (3) After regulation 31 (m) of the principal regulations the following is

" and ".

(4)	Regulation 31 (n) of the principal regulations is amended by deleting
"Occupational Health, Safety and Welfare Regulations 1988" and substituting	the following -
It

Occupational Safety and Health Regulations 1996 ".

Regulations 33, 35 and 36 amended

17. Regulations 33, 35 (a) and 36 of the principal regulations are amended	by deleting "2 700 mm" and substituting the following -
cc

2 750 mm ".

Regulation 38 repealed and a regulation substituted

18.      Regulation 38 of the principal regulations is repealed and the following

regulation is substituted -

"

Certain provision of the Building Code not to apply

38. The following provisions of the Building Code do not apply - (a) in Volume One -

(i)       Objective GOl (c);

(ii)     Functional Statement GF1.2; and

(iii) Performance Requirement GP1.2;

and

(b) in Volume Two -

(i)       Objective 02.5 (b);

(ii)     Functional Statement F2.5.2; and

(iii) Performance Requirement P2.5.3.

Regulation 38H amended

19.      Regulation 38H (2) (a) and (b) of the principal regulations are amended

by deleting "Local Government (Miscellaneous Provisions) Act 1960"	and
substituting the following - " Act ".
Regulation 41 repealed

20.      Regulation 41 of the principal regulations is repealed.

Regulation 42 amended

"$400" and substituting the following -	21. Regulation 42 (2) of the principal regulations is amended by deleting
" $5 000 ".

2826 GOVERNMENT GAZETTE, WA [20 June 1997

Various references to "council" amended

22. The principal regulations are amended in each regulation listed in the Table to this regulation by deleting "council" or "Council in each place where it occurs and substituting the following -

" local government

TABLE

reg.	3 (1) in the definition of	reg. 20 (1), (3)
,.
"approved"	reg. 21

reg. 4 (1) (b)	reg. 22 (2) (b), (3), (4)
reg. 5 (2)	reg. 24 (1) item 1 (a) and (b) of
reg. 6 (1), (2)	the Table
reg. 10 (1)	reg. 26 (2)
reg. 11 (5), (6)	reg. 27 (4)
reg. 12 (2)	reg. 31 (b), (j), (k), (I)
reg. 14 (2) (a)	reg. 38A in the definition of
reg. 15 (1)	"pre-July 1992 pool"
reg. 16 (1)	reg. 38B (3) (b), (3a)
reg. 18 (2), (2) (c), (3),

heading to (3)

Schedule 1 repealed and a Schedule substituted

23.      Schedule 1 to the principal regulations is repealed and the following

Schedule is substituted -

SCHEDULE 1— FORMS

Form 1. Certificate of classification

Local Government (Miscellaneous Provisions) Act 1960, s. 374C

Building Regulations 1989, reg 20 (1)

CERTIFICATE OF BUILDING

CLASSIFICATION

Local Government:  I

Building Address No.: f Street name:

Suburb:  IPostcode:

Lot/location No.:

Classification Storey or portion of building Classification(s)

Chief	Name:
Executive
Officer	Signature:  Date:

20 June 19971 GOVERNMENT GAZETTE, WA 2827

Form 2. Application for building licence

Local Government (Miscellaneous Provisions) Act 1960, s. 374	(Office use)
Building Regulations 1989, reg. 10 (2)	Application no.:
APPLICATION FOR BUILDING LICENCE
Local Government:	I

Property	Address	No.: Astreet	name:
where

building to be	Suburb:	Postcode:
built

Lot/location No.:

Certificate of Title Volume: Folio:

Owner	Name: Address:
Occupier	Name: Address:
Details of	0 New building
work	Give details of type of building (e.g.: residence, shop, factory,
warehouse):

0 Alteration or addition to existing building

Give details of type of alteration or addition (e.g.: carport,

bedroom, second storey, store room, office, toilet, games room)

Estimated value of building work: $

Applicant	Name: Address:
Phone numbers (H):  (W):
Fax number:  Email:
Signature:  Date:

2828 GOVERNMENT GAZETTE, WA [20 June 1997

Form 3. Application for demolition licence

Local Government (Miscellaneous Provisions) Act 1960, s. 374A	(Office use)
Building Regulations 1989, reg. 10 (2)	Application no.:
APPLICATION FOR DEMOLITION LICENCE
Local Government:	I

Building	Address	No.:	Street name:
to be

demolished Suburb: Postcode:

Lot/location No.:

Certificate of Title	Volume:	Folio:
To be demolished:

0	Whole of building
O	Part only of building. Give details:

Type of construction (e.g. brick & tile)

Number of storeys:

Previous use or classification:

Owner	Name: Address:
Demolition	Name:
contractor
Address:

Phone number:  Fax number:

Applicant	Name: Address:
Phone numbers (H):  (W):
Fax number:  Email:
Signature:  Date:

20 June 19971 GOVERNMENT GAZETTE, WA 2829

Form 4. Building licence

Local Government (Miscellaneous Provisions) Act 1960, S. 374	Licence no.:
Building Regulations 1989, reg. 13 (1) (d)
BUILDING LICENCE
Local Government:	I
Licensee	Name: Address:
Property	Address  No.: f Street name:
where

building to be	Suburb:	Postcode:
built

Lot/location No.:

Certificate of Title Volume: Folio:

Details of	IJ New building
Work	Type of building (e.g.: residential, shop, factory, warehouse):

Alteration or addition to existing building

Type of alteration or addition (e.g.: carport, bedroom, second

storey, store room, office, toilet, games room):

The building work permitted by this licence -

must be carried out in accordance with the plans, drawings and

specifications submitted with Application for Building Licence

no. ; and

must be carried out in accordance with the conditions set out on the back

of this licence.

If the building work permitted by this licence is not substantially commenced within 12 months of the date of this licence, the licence will become void.

The building has been assessed as being of Class(es)

Building	Name:
surveyor
Signature:  Date:
Note:	The licensee must produce this licence and the approved plans, drawings and specifications whenever requested by the building surveyor.

2830 GOVERNMENT GAZETTE, WA [20 June 1997

Back of Form 4.

CONDITIONS

This licence is subject to the following conditions.

If you are dissatisfied with these conditions you may appeal to the Minister

under section 374 of Local Government (Miscellaneous Provisions) Act 1960.

20 June 19971 GOVERNMENT GAZETTE, WA 2831

Form 5. Special building licence

Local Government (Miscellaneous Provisions) Act 1960, s. 399 (4) Building Regulations 1989, reg. 13 (1) (d)	Licence no.:
SPECIAL BUILDING LICENCE
Local Government:	I
Licensee	Name: Address:
Property	Address  No.: Street name:
where

building to be	Suburb:	Postcode:
built

Lot/location No.:

Certificate of Title Volume: Folio:

Details of Q New building

work Type of building (e.g.: residence, shop, factory, warehouse):

Q Alteration or addition to existing building

Type of alteration or addition (e.g.: carport, bedroom, second

storey, store room, office, toilet, games room):

Q Temporary building

Type of building (e.g.: marquee, grandstand, stage):

The building work permitted by this licence must be carried out in accordance with -

•	the plans, drawings and specifications submitted with Application for
Building Licence no. ; and
•	the conditions set out on the back of this licence.

The building has been assessed as being of Class(es)

Building	Name:
surveyor
Signature:  Date:
Note:	The licensee must produce this licence and the approved plans, drawings and specifications whenever requested by the building surveyor.

2832 GOVERNMENT GAZETTE, WA [20 June 1997

Back of Form 5.

CONDITIONS

This licence is subject to the following conditions.

If you are dissatisfied with these conditions you may appeal to the Minister

under section 399 of Local Government (Miscellaneous Provisions) Act 1960.

20 June 19971 GOVERNMENT GAZETTE, WA 2833

Form 6. Licence to deposit building material on, or excavate near,

a street

Local Government (Miscellaneous Provisions) Act 1960, s. 377

Building Regulations 1989, reg. 25	Licence no.:
LICENCE TO DEPOSIT BUILDING MATERIAL ON, OR EXCAVATE NEAR, A STREET
Local Government:	I
Licensee	Name: Address:
Property	Address  No.: Street name:
where

building to be	Suburb:	Postcode:
built or

excavation to	Lot/location No.:
be carried out
Certificate of Title Volume: Folio:
Details of	0 Deposit of building material on a street
deposit or	Type of material:
excavation	Name of street: Part of street (e.g.: outside No. 10):

0 Excavation near a street

Reason for excavation:

Name of street: Part of street likely to be affected (e.g.: outside No. 10):

Period during which part of street may be enclosed:

to

Maximum area of the street which may be enclosed:

Width: __________ m

Frontage:__________ m

Height:  M.

The deposit of building material or excavation permitted by this licence must be carried out in accordance with the conditions set out on the back of this licence.

Deposit	The local government acknowledges receipt of a deposit of
$ paid by the licensee under section 377 (4) of the Act.
Building	Name:
surveyor
Signature:  Date:

2834 GOVERNMENT GAZETTE, WA [20 June 1997

Back of Form 6.

CONDITIONS

This licence is subject to the following conditions.

Every excavation must be securely fenced off from the street to the satisfaction of the building surveyor.

2.

When building materials are deposited on a street the licensee must
install and maintain -

(a)	hoardings around the deposited material;
(b)	gangways to allow vehicular and pedestrian access along the street; and
(c)	water channels to allow water to drain from the area,

which are constructed from materials, and to a design, approved by the
building surveyor.

3.

The licensee must ensure that the area around any excavation or
deposited material is sufficiently lit during darkness to ensure the safety
of persons using the street.

4.

On or before the last day on which this licence permits the licensee to
enclose part of the street, the licensee must -

remove all hoardings, gangways, channelling, building material and

debris from the street; and

repair, to the satisfaction of the building surveyor, any damage
caused to the street (including the road surface, kerbing and

footpaths).

granting of this licence, appeal under section 377 of the Local Government	If you are dissatisfied with these conditions you may, within 14 days of the
(Miscellaneous Provisions) Act 1960.

20 June 19971 GOVERNMENT GAZETTE, WA 2835

Form 7. Demolition licence

Local Government (Miscellaneous Provisions) Act 1960, S. 374A Building Regulations 1989, regs. 13 (2) and 30	Licence no.:
DEMOLITION LICENCE
Local Government:
Licensee	Name: Address:

Demolition contractor:

Building	Address	No.:	Street name:
to be

demolished Suburb: J Postcode:

Lot/location No.:

Certificate of Title	Volume:	Folio:
To be demolished:

o Whole of building

o Part only of building. Details:

Type of construction (e.g. brick & tile):
Number of storeys:

Previous use or classification:

The demolition work permitted by this licence must be -

• carried out in accordance with the details set out in Application for

Demolition Licence no.

•	carried out in accordance with the conditions set out on the back of this
licence; and
•	commenced within 12 months of the date of this licence.
Building	Name:
surveyor
Signature:  Date:

2836 GOVERNMENT GAZETTE, WA [20 June 1997

Back of Form 7.

CONDITIONS

This licence is subject to the following conditions.

If you are dissatisfied with these conditions you may be able to appeal to the
Provisions) Act 1960.	Minister under section 374A of Local Government (Miscellaneous

I I

By Command of the Governor,

J. PRITCHARD, Clerk of the Executive Council.