Building Amendment Regulations 2019 (Vic)
Building Amendment Regulations 2019
S.R. No. 40/2019
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Definitions
6Additional information to accompany application for permit
7Documents to be given to council
8Regulation 46 revoked
9Requests for information from relevant council
10Evidence of suitability—certificate from professional engineer or other qualified person
11Automatic smoke detection and alarm systems
12Significant snowfall areas
13Specific use bushfire protected buildings—construction requirements
14Private bushfire shelter construction requirements
15Private bushfire shelter performance requirements—performance solutions
16Prescribed persons carrying out inspections
17Occupancy permit must specify essential safety measures and related requirements
18Prescribed place of public entertainment
19Owner of building or place of public entertainment may apply for maintenance schedule
20Maintenance schedules
21Owner must prepare annual essential safety measures report
22Contents and form of annual essential safety measures report
23Records relating to essential safety measures must be made available
24Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities
25Small live music venue classification
26Definition of Certificate of Accreditation in the BCA
27Register of accredited products
28Regulation 254A inserted
29Schedule 3—Exemptions for building work and buildings
30Schedule 4—Forms
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Endnotes
STATUTORY RULES 2019
S.R. No. 40/2019
Building Act 1993
Building Amendment Regulations 2019
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 4 June 2019
Responsible Minister:
RICHARD WYNNE
Minister for PlanningPIETA TAVROU
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2018—
(a)to revoke regulations related to building permit levies; and
(b)to clarify requirements relating to maintenance schedules; and
(c)to improve the form of the protection works notice; and
(d)to make amendments consequential to the commencement of the 2019 edition of the National Construction Code; and
(e)to make other miscellaneous amendments.
2Authorising provisions
These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.
3Commencement
(1)These Regulations (except regulations 7 and 8) come into operation on the day on which they are made.
(2)Regulations 7 and 8 come into operation on 1 July 2019.
4Principal Regulations
In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.
5Definitions
In regulation 5(1) of the Principal Regulations—
(a)for the definition of AS 3959 substitute—
"AS 3959 means AS 3959:2018 Construction of buildings in bushfire-prone areas published on 14 November 2018, as incorporated for the time being by the BCA;";
(b)in the definition of BCA Volume One, for "the Appendix Victoria set out in the Appendices to that Volume" substitute "the Victoria Appendix set out in Schedule 1 to that Volume";
(c)in the definition of BCA Volume Two, for "any Victoria additions set out in Appendix A to that Volume" substitute "any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume".
6Additional information to accompany application for permit
(1)For regulation 29(b) of the Principal Regulations substitute—
"(b)documentary evidence to support the use of a material, product, form of construction or design in a form referred to in clause A5.1 of the BCA Volume One or clause A5.2 of the BCA Volume Two;".
(2)In regulation 29(i) of the Principal Regulations, for "in" substitute "for".
7Documents to be given to council
Before regulation 44(1)(a) and (3)(a) of the Principal Regulations insert—
"(aa)a notice given to the relevant building surveyor under section 25AA(1) of the Act;".
8Regulation 46 revoked
Regulation 46 of the Principal Regulations is revoked.
9Requests for information from relevant council
In regulation 51(2)(d) of the Principal Regulations, for "is" substitute "in".
10Evidence of suitability—certificate from professional engineer or other qualified person
(1)In regulation 125(1) of the Principal Regulations, for "clause A2.2(a)(v)" substitute "clause A5.2(1)(e)".
(2)In regulation 125(2) of the Principal Regulations, for "clause 1.2.2(a)(iii)" substitute "clause A5.2(1)(e)".
11Automatic smoke detection and alarm systems
(1)In regulation 145(2)(a) of the Principal Regulations, for "Part 3.7.2" substitute "Part 3.7.5".
(2)In regulation 145(3) of the Principal Regulations, for "either one or both of the following" substitute "one of the following".
(3)In regulation 145(3)(b) of the Principal Regulations, for "One." substitute "One;".
(4)After regulation 145(3)(b) of the Principal Regulations insert—
"(c)a combination of a smoke alarm system and a smoke detection system that complies with clause 5 of Specification E2.2a of the BCA Volume One.".
12Significant snowfall areas
(1)In regulation 152(2) of the Principal Regulations, for "clause A1.1" substitute "Schedule 3".
(2)In regulation 152(3) of the Principal Regulations, for "clause 1.1.1" substitute "Schedule 3".
13Specific use bushfire protected buildings—construction requirements
In regulation 158(1) of the Principal Regulations, for "clause A1.1, after the definition of Sole‑occupancy unit" substitute "Schedule 3 after the definition of Spandrel panel".
14Private bushfire shelter construction requirements
(1)In regulation 164(1) of the Principal Regulations, for "clause A1.1" substitute "Schedule 3".
(2)In regulation 164(2)(a) of the Principal Regulations, for "clause 1.1.1" substitute "Schedule 3".
(3)In regulation 164(2)(b) of the Principal Regulations, for "clause O2.3(d)" substitute "clause O2.7(f)".
(4)In regulation 164(2)(c) of the Principal Regulations, for "P2.3.5(e)" substitute "P2.7.6(e)".
(5)In regulation 164(2)(d) of the Principal Regulations, for "P2.3.5" substitute "P2.7.6".
15Private bushfire shelter performance requirements—performance solutions
In regulation 165 of the Principal Regulations, for "P2.3.5" substitute "P2.7.6".
16Prescribed persons carrying out inspections
(1)In regulation 174(d) of the Principal Regulations, for "safety);" substitute "safety).".
(2)Regulation 174(e) and (f) of the Principal Regulations are revoked.
17Occupancy permit must specify essential safety measures and related requirements
In regulation 194(1)(a) of the Principal Regulations, for "in" substitute "for".
18Prescribed place of public entertainment
In regulation 209 of the Principal Regulations, for "the Kardinia Park Precinct" substitute "Kardinia Park".
19Owner of building or place of public entertainment may apply for maintenance schedule
In regulation 219(2) of the Principal Regulations, for "in the" substitute "for the".
20Maintenance schedules
For regulation 222(2) of the Principal Regulations substitute—
"(2)For the purposes of regulation 220, a maintenance schedule must list—
(a)all essential safety measures required to be provided for a building or place of public entertainment constructed before 1 July 1994 by or under the Act or these Regulations or any previous corresponding Act or regulations; and
(b)all essential safety measures specified in an occupancy permit or maintenance determination that relates to a building or place of public entertainment and the maintenance requirements specified in the occupancy permit or maintenance determination.".
21Owner must prepare annual essential safety measures report
(1)In regulation 223(1) and (2) of the Principal Regulations, for "in the" substitute "for the".
(2)In regulation 223(4) of the Principal Regulations, in paragraphs (a) and (b) of the definition of anniversary date, for "in" substitute "for".
22Contents and form of annual essential safety measures report
(1)In regulation 224(d) and (f) of the Principal Regulations, for "in the" substitute "for the".
(2)In regulation 224(e) of the Principal Regulations, for "in" (where thirdly occurring) substitute "for".
23Records relating to essential safety measures must be made available
In regulation 225(b), (c) and (d) of the Principal Regulations, for "in the" substitute "for the".
24Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities
In regulation 236(4)(c) of the Principal Regulations, after "incorporated" insert "for the time being".
25Small live music venue classification
(1)In regulation 237(1) and (2) of the Principal Regulations, for "clause A1.1" substitute "Schedule 3".
(2)In regulation 237(3) of the Principal Regulations, for "A3.2" substitute "A6.6".
26Definition of Certificate of Accreditation in the BCA
(1)In regulation 240(1) of the Principal Regulations, for "clause A1.1" substitute "Schedule 3".
(2)In regulation 240(2) of the Principal Regulations, for "clause 1.1.1" substitute "Schedule 3".
27Register of accredited products
For regulation 251(2) of the Principal Regulations substitute—
"(2)The register must contain the following information—
(a)in relation to each accredited building product—
(i)the name of the building product;
(ii)a description of the building product;
(iii)a description of the purpose and use of the building product;
(iv)any regulation in relation to which the building product is accredited;
(v)any condition to which the accreditation is subject;
(vi)the name and address of the holder of the accreditation;
(vii)the number of the certificate of accreditation;
(viii)the date of issue of the certificate of accreditation;
(b)in relation to each formerly accredited building product—
(i)the name of the building product;
(ii)the number of the certificate of accreditation;
(iii)the date of issue of the certificate of accreditation;
(iv)the date of revocation of the accreditation;
(c)any other information that the Committee considers appropriate.
(2A)The information referred to in subregulation (2)(b) is not required to be contained in the register until 1 January 2020." .
28Regulation 254A inserted
After regulation 254 of the Principal Regulations insert—
"254A Other financial probity criteria
For the purposes of section 171E(1)(i) of the Act, the person must disclose whether they were an officer of a body corporate at any time within the period of 2 years immediately before the body corporate was subject to external administration within the meaning of section 5-15 of Schedule 2 to the Corporations Act.".
29Schedule 3—Exemptions for building work and buildings
In item 5 of the Table in Schedule 3 to the Principal Regulations—
(a)for "clause A3.2" substitute "clauses A6.1 to A6.10";
(b)for "clause 1.3.2" substitute "clauses A6.1 to A6.10".
30Schedule 4—Forms
(1)In Form 7 in Schedule 4 to the Principal Regulations, after "In accordance with section 84 of the Building Act 1993, I give notice of my intention to carry out the following building work on my property and request your agreement to the proposed protection work which affects your adjoining property." insert—
"In accordance with section 85 of the Building Act 1993, and subject to sections 90 and 91 of that Act, you will be taken to have agreed to the protection works proposed in this notice if you do not respond within 14 days after this notice is served on you.
A response to this notice must be in the form of Form 8 of the Building Regulations 2018, include the information in that form, and be given to the owner and the relevant building surveyor whose details are set out in this notice.".
(2)In Form 10 in Schedule 4 to the Principal Regulations—
(a)after order 12 insert—
"*13. By [insert time] on [insert date], the *owner/*builder must cause [insert the building product or material] used in the building [insert description and address of building] to be destructively tested by a prescribed testing authority.
14.The *owner/*builder must provide the results of the destructive testing to *the municipal building surveyor/*[name and address of other person authorised by the municipal building surveyor to receive the results] within [specified time] after the prescribed testing authority completes the destructive testing.";
(b)for "Building practitioner registration no. of person/persons:" substitute "*Building practitioner registration no. of person/persons:".
(3)In Form 11 in Schedule 4 to the Principal Regulations, for "Building practitioner registration no. of person/persons:" substitute "*Building practitioner registration no. of person/persons:".
(4)In Form 12 in Schedule 4 to the Principal Regulations—
(a)after order 10 insert—
"*11.By [insert time] on [insert date], the *owner/*builder must arrange for [insert the building product or material] used in the building [insert description and address of building] to be destructively tested by a prescribed testing authority.
12.The *owner/*builder must provide the results of the destructive testing to *the relevant building surveyor/*[name and address of other person authorised by the relevant building surveyor to receive the results] within [specified time] after the prescribed testing authority completes the destructive testing.";
(b)for "Building practitioner registration no. of person/persons:" substitute "*Building practitioner registration no. of person/persons:".
(5)In Forms 13 and 14 in Schedule 4 to the Principal Regulations, for "Building practitioner registration no. of person/persons:" substitute "*Building practitioner registration no. of person/persons:".
(6)In Form 16 in Schedule 4 to the Principal Regulations, for "Essential safety measures required to be provided in the building or place of public entertainment" substitute "Essential safety measures required to be provided for the building or place of public entertainment".
(7)In Form 19 in Schedule 4 to the Principal Regulations—
(a)for "clause A0.7" (where twice occurring) substitute "clauses A.2.2(3) and A2.4(3)";
(b)for "clause 1.0.7" (where twice occurring) substitute "clauses A.2.2(3) and A2.4(3)".
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Endnotes
[1] Reg. 4: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018 and 180/2018.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
AS 3959:2018 means AS 3959:2018 Construction of buildings in bushfire‑prone areas, published by Standards Australia on 14 November 2018;
BCA Volume One means Volume One of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;
BCA Volume Two means Volume Two of the National Construction Code 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume;
National Construction Code 2019 means the National Construction Code 2019 published by the Australian Building Codes Board on 1 May 2019.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5(a) of the Building Amendment Regulations 2019 which amends regulation 5(1) of the Building Regulations 2018 (definition of AS 3959) | AS 3959:2018 Construction of buildings in bushfire-prone areas published by Standards Australia on 14 November 2018 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5(b) and (c) of the Building Amendment Regulations 2019 which amend regulation 5(1) of the Building Regulations 2018 (definitions of BCA Volume One, BCA Volume Two) | BCA Volume One BCA Volume Two | Schedule 1 |
| Regulation 6(1) of the Building Amendment Regulations 2019 which amends regulation 29(b) of the Building Regulations 2018 | BCA Volume One BCA Volume Two | Clause A5.1 Clause A5.2 |
| Regulation 10 of the Building Amendment Regulations 2019 which amends regulation 125(1) and (2) of the Building Regulations 2018 | BCA Volume One BCA Volume Two | Clause A5.2(1)(e) |
| Regulation 11(1) of the Building Amendment Regulations 2019 which amends regulation 145(2)(a) of the Building Regulations 2018 | BCA Volume Two | Part 3.7.5 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 11(3) of the Building Amendment Regulations 2019 which amends regulation 145(3) of the Building Regulations 2018 | BCA Volume One | Clause 5 of Specification E2.2a |
| Regulation 12 of the Building Amendment Regulations 2019 which amends regulation 152(2) and (3) of the Building Regulations 2018 | BCA Volume One BCA Volume Two | Schedule 3 |
| Regulation 13 of the Building Amendment Regulations 2019 which amends regulation 158(1) of the Building Regulations 2018 | BCA Volume One | Schedule 3 |
| Regulation 14(1) of the Building Amendment Regulations 2019 which amends regulation 164(1) of the Building Regulations 2018 | BCA Volume One | Schedule 3 |
| Regulation 14(2) of the Building Amendment Regulations 2019 which amends regulation 164(2)(a) of the Building Regulations 2018 | BCA Volume Two | Schedule 3 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 14(3) of the Building Amendment Regulations 2019 which amends regulation 164(2)(b) of the Building Regulations 2018 | BCA Volume Two | Clause O2.7(f) |
| Regulation 14(4) of the Building Amendment Regulations 2019 which amends regulation 164(2)(c) of the Building Regulations 2018 | BCA Volume Two | Performance requirement P2.7.6(e) |
| Regulation 14(5) of the Building Amendment Regulations 2019 which amends regulation 164(2)(d) of the Building Regulations 2018 | BCA Volume Two | Performance requirement P2.7.6 |
| Regulation 15 of the Building Amendment Regulations 2019 which amends regulation 165 of the Building Regulations 2018 | BCA Volume Two | Performance requirement P2.7.6 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 25(1) of the Building Amendment Regulations 2019 which amends regulation 237(1) and (2) of the Building Regulations 2018 | BCA Volume One | Schedule 3 |
| Regulation 25(2) of the Building Amendment Regulations 2019 which amends regulation 237(3) of the Building Regulations 2018 | BCA Volume One | Clause A6.6 |
| Regulation 26 of the Building Amendment Regulations 2019 which amends regulation 240(1) and (2) of the Building Regulations 2018 | BCA Volume One BCA Volume Two | Schedule 3 |
| Regulation 29 of the Building Amendment Regulations 2019 which amends item 5 of the Table in Schedule 3 to the Building Regulations 2018 | BCA Volume One BCA Volume Two | Clauses A6.1 to A6.10 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 30(7) of the Building Amendment Regulations 2019 which amends Form 19 in Schedule 4 to the Building Regulations 2018 | BCA Volume One BCA Volume Two | Clauses A2.2(3) and A2.4(3) |
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