Building Amendment Regulations 2002 (WA)

1826 GOVERNMENT GAZETTE, WA 5 April 2002

LG305*

Local Government (Miscellaneous Provisions) Act 1960

Building Amendment Regulations 2002

and 14 Dec 2001.]

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

1.            Citation

These regulations may be cited as the Building Amendment
Regulations 2002.

2.            The regulations amended

The amendments in these regulations are to the Building
Regulations 1989*.

[* Reprinted as at 2 Mar 2001.

For amendments to 21 Mar 2002 see Gazette 19 Oct 2001

5 April 2002 GOVERNMENT GAZETTE, WA 1827

3.             Regulation 38B amended

Regulation 38B(3) is repealed and the following subregulation is inserted instead -

(3) Despite subregulation (2), an enclosure is not suitable

than a Class I Oa building under the Building Code is
included within the area enclosed unless all external
doors and windows in that building satisfy the
requirements of Australian Standard AS 1926. 1, but a for the purposes of subregulation (1) if a building other enclosed even though any external door or window in it does not satisfy those requirements.

,,

4.             Schedule 2 replaced

Schedule 2 and Note 1 to it are deleted and the following
Schedule and note are inserted instead -

Schedule 2 - Application

[r. 2A]

Column 1	Column 2	Column 3	Column 4
District	Class 10 Buildings	Part 10	Rest of regulations
Albany	Whole district	Whole district	Whole district
Armadale	Whole district	Whole district	Whole district
Augusta-	Whole district	Whole district	Whole district
Margaret River
Bassendean	Whole district	Whole district	Whole district
Bayswater	Whole district	Whole district	Whole district
Belmont	Whole district	Whole district	Whole district

Beverley	Whole district	Whole district	Whole district
Bridgetown-	Whole district	Whole district	Whole district
Greenbushes
Brookton	Whole district	Whole district	Whole district
Broome	Whole district	All townsites	Whole district
Broomehill	All townsites and	All townsites	Whole district
area described in Note 1
Bruce Rock	All townsites	All townsites	Whole district
Bunbury	Whole district	Whole district	Whole district
Busselton	Whole district	Whole district	Whole district
Cambridge	Whole district	Whole district	Whole district
Canning	Whole district	Whole district	Whole district
Capel	Whole district	Whole district	Whole district
Carnamah	All townsites	All townsites	Whole district

1828 GOVERNMENT GAZETTE, WA 5 April 2002

Column 1	Column 2	Column 3	Column 4
District	Class 10 Buildings	Part 10	Rest of regulations
Carnarvon	Whole district	Whole district	Whole district
except Gascoyne-Minilya Ward
Claremont	Whole district	Whole district	Whole district
Cockburn	Whole district	Whole district	Whole district
Collie	Whole district	Whole district	Whole district
Coorow	All townsites	Whole district	Whole district
Corrigin	Townsite of	All townsites	Whole district
Corrigin
Cottesloe	Whole district	Whole district	Whole district
Cranbrook	All townsites	All townsites	Whole district
Cuballing	Whole district	All townsites	Whole district
Cue	All townsites	All townsites	Whole district
Cunderdin	All townsites	All townsites	Whole district
Dalwallinu	All townsites	All townsites	Whole district
Dandaragan	All townsites	All townsites	Whole district
Dardanup	Whole district	Whole district	Whole district
Denmark	Whole district	All townsites	Whole district
Derby-West	All townsites	Whole district	Whole district
Kimberley
Dowerin	All townsites	All townsites	Whole district
Dumbleyung	Townsites of	Whole district	Whole district
Dumbleyung, Kukerin
East Fremantle	Whole district	Whole district	Whole district
Esperance	All townsites	All townsites	Whole district
Fremantle	Whole district	Whole district	Whole district
Geraldton	Whole district	Whole district	Whole district

Gnowangerup All townsites All townsites Whole district

Gosnells	Whole district	Whole district	Whole district
Greenough	Whole district	Whole district	Whole district
Hall's Creek	Whole district	All townsites and	Whole district
area subject to Halls Creek Town Planning Scheme
Harvey	Whole district	All townsites and	Whole district
area zoned Special Residential or Special Rural by Shire of Harvey Town Planning Scheme
Jerramungup	All townsites	All townsites	Whole district

5 April 2002 GOVERNMENT GAZETTE, WA 1829

Column 1	Column 2	Column 3	Column 4
District	Class 10 Buildings	Part 10	Rest of regulations
Kalgoorlie-	Whole district	Whole district	Whole district
Boulder
Katanning	Whole district	Whole district	Whole district
Kellerberrin	Townsites of	Townsites of	Whole district
Kellerberrin,	Kellerberrin,
Doodlakine and	Doodlakine and
Baandee	Baandee
Kent	Townsites of	Townsites of	Townsites of
Nyabing, Pingrup	Nyabing, Pingrup	Nyabing, Pingrup
Kojonup	All townsites	All townsites	Whole district
Koorda	All townsites and	Whole district	Whole district
Avon location 16386
Kwinana	Whole district	Whole district	Whole district
Lake Grace	All townsites	All townsites	Whole district
Laverton	All townsites	All townsites	All townsites
Leonora	All townsites	All townsites	Whole district
Mandurah	Whole district	Whole district	Whole district
Manjimup	Whole district	Whole district	Whole district
Meekatharra	All townsites	All townsites	All townsites
Melville	Whole district	Whole district	Whole district
Menzies	All townsites	All townsites	All townsites
Merredin	Townsites of	Townsites of	Whole district
Burracoppin, Hines	Burracoppin,
Hill, Korbel,	Hines Hill,
Merredin,	Korbel, Merredin,
Muntadgin,	Muntadgin,
Nangeenan,	Nangeenan,
Nokaning, Nukarni	Nokaning, Nukarni

Mingenew	All townsites	Whole district	Whole district
Moora	All townsites	All townsites	Whole district
Morawa	All townsites	All townsites	Whole district
Mosman Park	Whole district	Whole district	Whole district
Mt Marshall	All townsites	All townsites	Whole district
Mt Magnet	All townsites	All townsites	All townsites
Mukinbudin	All townsites	All townsites	Whole district
Mullewa	All townsites	All townsites	Whole district
Mundaring	Whole district	Whole district	Whole district
Murchison	None	None	None

1830 GOVERNMENT GAZETTE, WA 5 April 2002

Column 1	Column 2	Column 3	Column 4
District	Class 10 Buildings	Part 10	Rest of regulations
Narembeen	All townsites	All townsites	Whole district
Narrogin	Whole district	All townsites	Whole district
(Shire)	except areas zoned for farming purposes by a town planning scheme
Narroin	Whole district	Whole district	Whole District
(Town)
Nedlands	Whole district	Whole district	Whole district
Northam	Whole district	Whole district	Whole district
(Town)
Northam	Whole district	Whole district	Whole district
(Shire)
Northampton	Whole district	Whole district	Whole district
Nungarin	All townsites	All townsites	Whole district
Peppermint	Whole district	Whole district	Whole district
Grove
Perenjori	All townsites and	All townsites	Whole district
areas subject to town planning schemes
Perth	Whole district	Whole district	Whole district
Plantagenet	All townsites	Whole district	Whole district
Port Hedland	All townsites	All townsites	Whole district
Quairading	All townsites	Whole district	Whole district
Ravensthorpe	Townsites of	Townsites of	Townsites of
Ravensthorpe,	Ravensthorpe,	Ravensthorpe,
Desmond,	Desmond,	Desmond, Hopetoun,
Hopetoun,	Hopetoun,	Jerdacuttup,

Jerdacuttup, Jerdacuttup, Fitzgerald,

Fitzgerald,	Fitzgerald,	Munglinup and the
Munglinup	Munglinup	special rural zones within the Shire of Ravensthorpe Town
Planning Scheme No.4

Rockingham	Whole district	Whole district	Whole district
Sandstone	All townsites in	Sandstone Ward	Sandstone Ward
Sandstone Ward
Serpentine-	Whole district	Whole district	Whole district
Jarrahdale
South Perth	Whole district	Whole district	Whole district

5 April 2002 GOVERNMENT GAZETTE, WA 1831

Column 1	Column 2	Column 3	Column 4
District	Class 10 Buildings	Part 10	Rest of regulations
Tammin	Townsite of	Townsite of	Townsite of Tammin
Tammin	Tammin
Three Springs	All townsites	All townsites	Whole district
Trayning	Townsites of	Townsites of	Townsites of
Trayning,	Trayning,	Trayning,
Kununoppin,	Kununoppin,	Kununoppin, Yelbeni
Yelbeni	Yelbeni
Victoria Park	Whole district	Whole district	Whole district
Victoria Plains	Whole district	All townsites	Whole district
Vincent	Whole district	Whole district	Whole district
Wagin	All townsites in	Whole district	Whole district
Town Ward or Williams loc. 440, 507, 545, 618, 945, 1165 or 5330
Wandering	Townsite of	Whole district	Whole district
Wandering and areas zoned rural residential by local laws or a town planning scheme
Wanneroo	Whole district	Whole district	Whole district
Waroona	Whole district	Whole district	Whole district
West Arthur	All townsites	All townsites	Whole district
Wickepin	All townsites	All townsites	Whole district
Williams	All townsites	All townsites	Whole district
Wiluna	Townsite of Wiluna	Townsite of	Townsite of Wiluna
Wiluna
Wongan-	Townsites of	Townsites of	Townsites of Wongan
Ballidu	Wongan Hills,	Wongan Hills,	Hills, Ballidu,

Ballidu, Cadoux,	Ballidu, Cadoux,	Cadoux, Kondut,
Kondut, Burakin	Kondut, Burakin	Burakin

Woodanilling	Townsite of	Whole district	Whole district
Woodanilling
Wyalkatchem	Whole district	Whole district	Whole district

Wyndham-East Whole district	All townsites and	Whole district
Kimberley	areas subject to Kununurra Town Planning Scheme No. 4 and Wyndham Town Planning Scheme No. 5.

Yalgoo	All townsites	All townsites	Whole district
Yilgarn	All townsites	All townsites	All townsites

1832 GOVERNMENT GAZETTE, WA 5 April 2002

Note 1 — Broomehill

(a)	Broomehill Suburban Lots 362, 363, 372 to 423,427 to 432, 438, 445, 446, 603 to 605, 609 and 610.
(b)	Lot 17 to 24 being portion of Kojonup Location 256.
(c)	Kojonup Location 1671.
(d)	Reserves 8163, 10285, 10431 and 17230.

5.           Transitional

(1) In this regulation —
"pre-July 1992 pool" means a swimming pool that —

(a)	was installed before 1 July 1992; or
(b)	was installed on or after 1 July 1992 in accordance with plans, drawings and specifications that were submitted to the local government for approval before that day;

"transitional period" means the period beginning on the day

on which these regulations come into operation and —

(a)	unless paragraph (b) applies, ending on 17 December 2006; or
(b)	if the swimming pool is on premises sold within the period referred to in paragraph (a), ending on the day 3 months after the settlement day for that sale.

(2) During the transitional period, despite regulation 38B(3) of the

Building Regulations 1989 a building may be included within the area enclosed for a pre-July 1992 pool even though —

(a)	the building is not a Class 10a building under the
Building Code; and
(b)

any external door or window in the building does not AS 1926.1.

By Command of the Lieutenant-Governor and deputy of the Governor,

ROD SPENCER, Clerk of the Executive Council.