Building Amendment Regulations 2017 (WA)

1 I Go GOVERNMENT GAZETTE, WA 7 February 2017

COMMERCE

CM301

Building Act 2011

Building Amendment Regulations 2017

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Building Amendment
Regulations 2017.

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 11 amended

(1)	In regulation 11 delete "The" and insert:
(1) The

(2) At the end of regulation 11 insert:

Commissioner;

(2) The Building Commissioner may reduce, waive or

refund the whole or part of the fee in Schedule 2
Division 3.

5.           Regulation 31 amended

(1) In regulation 31 insert in alphabetical order:

accredited person means a person who has
successfully completed an accreditation in bush fire
planning that has been approved by the Building

7 February 2017 GOVERNMENT GAZETTE, WA 1161

transitional bush fire application means an application
in relation to a bush fire performance requirement that

is made -

(a)	before 1 May 2019; and
(b)	in respect of a Class la building or an associated Class lOa building or deck that is located less than 6 metres from a Class I a building.

(2) In regulation 31 in the definition of application delete

"application." and insert:

application;

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

Terms used

6. Regulation 32 amended
In regulation 32(1) delete "standard" (0 occurrence) and insert:

standard, other than a transitional bush fire application,

7.            Regulation 32A inserted After regulation 32 insert:

32A. Statement to accompany transitional bush fire
application (s. 39(8)(b))

(1) A transitional bush fire application must be

accompanied by -

(a) a statement by an accredited person setting

Out -

(i)     the BAL for the building site; and

(ii) environment that the bush fire

each risk to people, property or the prevents or minimises; and

(iii)     if, and the extent to which, a risk to people, property or the environment would be increased if the bush fire performance requirement did not apply, or was modified in the way proposed by the applicant;

and

1162 GOVERNMENT GAZETTE, WA 7 February 2017

(b) a statement of the applicant setting out the

reasons for the applicant's opinion that making
the declaration on the application —

(i)     is in the public interest; or

(ii)     is consistent with the purpose of a written law or a Commonwealth law specified in the applicant's statement.

(2)	The Building Commissioner may request an applicant to supply any other document or information that the Building Commissioner reasonably requires to determine the application.
(3)	This regulation does not limit the information that the Building Commissioner may take into account in determining an application.

N. HAGLEY, Clerk of the Executive Council.