Building Amendment Regulations 2014 (WA)

21 April 201 GOVERNMENT GAZETTE, WA 1135

(M 301

Building Act 2011

Building Amendment Regulations 2014

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Building Amendment
Regulations 2014.

2.            Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Building Regulations 2012.

4.            Regulation 15A amended

(2)	In regulation 15A(3) after "occupancy permit" insert:
referred to in subregulation (2)
(1)	Delete regulation 15A(2) and insert:
(2) The permit authority that grants an occupancy permit

for a building in respect of which plans and
specifications were provided to the FES under
regulation 18B(1) must give to the FES Commissioner
a copy of the occupancy permit.

1136 GOVERNMENT GAZETTE, WA 24 April 2014

5.            Regulation 31B amended

In regulation 31B(1) delete '1 May 2014." and insert:

I May 2015.

Note: The heading to amended regulation 31B is to read:

Applicable building standards for alterations etc. before
I May 2015 (5. 3, 19(3) and 37(1))

6.            Regulation 31D amended

(1)	In regulation 3 1 D( 1) after "37(1)" insert:
and (2)
(2)	In regulation 31D(3):

(a) in the l item in the Table delete "BP 1.3" and insert:

BP1.3, BP1.4

in the 6th item n the Table delete P2.1 and insert:

(b) i

P2.1.1, P2.1.2

Note: The heading to amended regulation 31D is to read:

Applicable building standards for relocated buildings and incidental structures (5. 3, 19(3) and 37(1) and (2))

7.            Regulation 31F amended

In regulation 3 IF( 1) delete '49(a) or 50(1 )(a) or (b)" and insert:

49(a), 50(1 )(a) or (b) or 50(2)(a) or (b)

Note: The heading to amended regulation 31F is to read:

Applicable building standards for replacement occupancy permit for permanent change of building's use or for occupancy permit or building approval certificate for registration of strata scheme, plan of re subdivision (5. 3, 57(3), 49(a), 50(1)(a) and (b) and

50(2)(a) and (b))

8.            Regulation 311 amended

Delete regulation 3 1 l(2)(b) and insert:

(b) ensuring that each electrical, gas, telephone or

water service to the building or incidental
structure being demolished is disconnected by

24 April 2014 GOVERNMENT GAZETTE, WA 1137

the provider of the service no later than the day

on which the demolition work is completed.

9. Regulation 44A inserted
At the beginning of Part 7 insert:

44A. Terms used

In this Part —
architecturaiftature includes a moulding, string
course, cornice, coping, eave, window sill and fin;

public place means an area that is -

(a)	a reserve as defined in the Land Administration Act 1997 section 3(1); or
(b)	a mall reserve as defined in the Land Administration Act 1997 section 3(1);

road has the meaning given in the Land Administration
Act 1997 section 3(1).

10.          Regulations 45A and 45B inserted

After regulation 44 insert:

45A.	Minor encroachments (s. 76(1)(c))
For the purposes of section 76(1)(c) the following encroachments are minor encroachments -

(a) an architectural feature attached to a building if

the feature encroaches on a road or a public
place by not more than 250 mm;

(b) a window or shutter that -

(i)     when open encroaches on a road or a public place; and

(ii)     is at least 2.75 in above the surface of the road or the ground level of the public place;

(c) a window shutter that, when fully open,

encroaches on a road or a public place by not

more than 50 mm.

45B. Circumstances prescribed for PUI1)OSCS of
section 76(1)(e)

(1) For the purposes of section 76(1 )(e) prescribed circumstances are the placement of an awning, verandah or thing attached to an awning or verandah

1138 GOVERNMENT GAZETTE, WA 24 April 2014

that encroaches on a road or a public place if the

awning, verandah or thing -

(a)	is at least 2.75 in above the surface of the road or the ground level of the public place; and
(b)	has no supports connecting it to the surface of the road or the public place; and
(c)	is constructed in an approved manner.

(2) For the purposes of subregulation (1)(c) an awning,

verandah or thing attached to an awning or verandah is

constructed in an approved manner if—

(a) the construction -

(i)

is development as defined in the section 4(1); and

(ii)     is in accordance with the requirements of that Act that applied to the construction at the time of the construction;

or

(b) the construction is in accordance with a local

Local Government construction at the time of the construction.

law made under the

11.          Regulation 47 amended

In regulation 47(1) in the Table item 1 delete "Class lOa" and insert:

Classes 2 to 10

12.          Part 8 Division 2A inserted After regulation 47 insert:

Division 2A -Maintenance

48A. Maintenance of buildings

(1) In this regulation -

relevant building standards, in relation to a part of a

building, means -

(a) if one or more building permits have been

granted in respect of the part - the building standards in the edition of the Building Code identified in the applicable certificate of design

24 April 2014 GOVERNMENT GAZETTE, WA 1139

compliance for the most recent of those
building permits; or

(b) if paragraph(a) does not apply but one or more building licences were issued under the Local Government (Miscellaneous Provisions)

Act 1960 in respect of the part - the building standards in the edition of the Building Code that applied at the time the most recent building

licence was issued;

safety measures means measures relating to the

following -

(a)	building fire integrity;
(b)	means of egress;

(c) signs;

(d) lighting;

(e)	fire fighting services and equipment;
(f)	air handing systems;
(g)	automatic fire detection and alarm;

(h) occupant warning systems;

(i)    lifts;

(j)	standby power supply systems;
(k)	building clearance and fire appliances;

(I) glazed assemblies, balconies, balustrades,

refrigerated chambers, strong rooms, vaults;

(m) bushfire protection measures;

(n) building use and application.

(2) The owner of an existing building that is a Class 2 to

Class 9 building must ensure that -

(a)	the safety measures in each part of the building
are capable of performing to a standard set Out
in the relevant building standards for the part; and
(b)	the mechanical ventilation, hot water, warm water and cooling water systems are adequately maintained to safeguard people from illness or injury; and
(c)	the building's services in each part of the building continue to perform to a standard of energy efficiency that is equal to or greater than the standard in the relevant building standards for the part.

Penalty: a fine of $5 000.

1140 GOVERNMENT GAZETTE, WA 24 April 2014

13.          Regulation 54A inserted

After regulation 53 insert:

54A.	Temporary pool enclosures
(1)	In this regulation - person responsible has the meaning given in section 75; work has the meaning given in section 75.
(2)	A person responsible for work that requires the removal of a fence, wall, gate or other barrier that is part of the enclosure for a private swimming pool must ensure that an alternative enclosure that complies with regulation 50 is installed or provided for any period during which the fence, wall, gate or barrier is removed.

14.          Regulation 60 amended

After regulation 60(3) insert:

(4) Despite subregulation (2)(a) a dwelling is not required to meet a provision of the Building Code applicable at the time of installation of the alarms that requires

smoke alarms to be interconnected if—

(a)	a building licence for the construction, erection, assembly or placement of the dwelling was issued under the Local Government (Miscellaneous Provisions) Act 1960 before commencement day; or
(b)	a building permit for the construction, erection,

assembly or placement of the dwelling was

granted before 1 May 2015; or

(c) required for the construction, erection,
assembly or placement of the dwelling and the
construction, erection, assembly or placement

a building permit or a building licence was not 1 May 2015.

15.          Regulation 62 amended

(I)	Delete regulation 62(1) and insert:
(1) This regulation applies to a person who is the lessor of a dwelling, within the meaning given in the Residential Tenancies Act 1987 section 3.
24 April 2014	1141

GOVERNMENT GAZETTE, WA

(2) In regulation 62(2) delete "owner" and insert:

lessor of a dwelling

16.          Schedule 3 amended

In Schedule 3 in the second item in the Table delete "EP I.l" and insert:

EP 1.3

17.          Schedule 4 amended

Delete Schedule 4 clause 2 item 12(a) and insert:

(a) commences before 30 June 2017: and

18.          Schedule 5 amended

In Schedule 5 delete the item relating to Greater Geraldton and insert:

Greater Geraldtoii Whole district except areas in
M ultewa Ward that are not townsites

19.          Schedule 6 amended

In Schedule 6:

(a) delete "100" and insert:

750

(b) delete "750" (each occurrence) and insert:

1 000

R. KENNEDY, Clerk of the Executive Council.