Building Amendment Regulations (No. 2) 2012 (WA)
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WESTERN 6555 AUSTRALIAN
GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, TUESDAY, 18 DECEMBER 2012 No. 238 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 11.45 AM
© STATE OF WESTERN AUSTRALIA
Building Act 2011
Building Amendment Regulations (No. 2) 2012
Made by the Governor in Executive Council.
1. Citation
These regulations are the Building Amendment Regulations
(No. 2) 2012.
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 on which the Building Amendment Act 2012 Parts 3 and 4 come into operation.
3. Regulations amended
These regulations amend the Building Regulations 2012.
4. Regulation 5A inserted
After regulation 4 insert:
5A. Authorised persons (s. 3) For the purposes of paragraph (b) of the definition of authorised person in section 3 an authorised person
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includes a person who is authorised by a local comes into operation.
government for the purposes of section 93(2)(d) as a
person having the appropriate experience or
qualifications, whether the authorisation is effective
before or after the day on which the Building
5. Regulations 7, 8 and 9 deleted
Delete regulations 7, 8 and 9.
6. Regulation 10 amended
(1) After regulation 10(1) insert: (2A) Despite subregulation (1), for the purposes of
section 54(1)(b) in relation to an application mentioned
in section 51(2) or (3), owner, in relation to land held
in freehold, means —
(a)
a person whose name is registered as a proprietor of the land; and
(b)
the State, if registered as a proprietor of the land; and
(c)
an executor or administrator under the Administration Act 1903 section 8 in whom is vested a freehold interest in the land.
(2) After regulation 10(2) insert:
(3) For the purposes of paragraph (ba) of the definition of
owner, in relation to Crown land, in section 5(1) the
State is the owner of land for which neither a certificate
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of Crown land title nor a qualified certificate of Crown
land title has been created and registered.
7. Regulation 15A inserted
At the end of Part 2 insert:
15A. Provision of information to FES Commissioner
(s. 149)
(1)
Within 10 days of receiving the FES Commissioner’s advice in respect of plans and specifications provided under regulation 18B(1), the building surveyor must
notify the FES Commissioner in writing of —
(a) any part of the FES Commissioner’s advice that specifications that are specified in the certificate of design compliance for the building; and
(b) the reasons for not incorporating that advice.
(2) The permit authority that grants an occupancy permit
must give to the FES Commissioner a copy of the
occupancy permit.(3) The permit authority that modifies an occupancy
permit must give to the FES Commissioner a copy of
the form of modification.
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8. Regulation 17 replaced
Delete regulation 17 and insert:
17. Further information (s. 18(3) and (4))
(1) For the purposes of section 18(3), a requirement under
section 18(1) —
(a) must be in writing; and (b) must be clearly identified as a requirement under section 18(1); and (c) must set out the specified time mentioned in section 18(1) and when it commences; and (d) must indicate the consequences under section 18(2) of not complying with the requirement within the specified time; and (e) must specify the information, if any, that the applicant must verify by statutory declaration; and (f) must state the period within which the permit authority must decide whether or not to grant the building or demolition permit in the event that the applicant complies with the requirement within the specified time.
(2) For the purposes of section 18(4), only one set of
requirements may be made in relation to an application.
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18A. Certificate of design compliance — contents
(s. 19(5))For the purposes of section 19(5), a certificate of
design compliance must contain the following
things —
(a) a statement by the building surveyor signing the Building Code that contained the requirements mentioned in regulation 31A(2)(a) or (b) applied by the building surveyor in respect of the building or incidental structure;
(b) if a declaration under section 39 has been made in respect of the building that is the subject of the application, a statement to that effect; (c) if the certificate of design compliance is in respect of a Class 2 to Class 9 building or an incidental structure associated with such a building, a statement about each alternative solution to a building standard that applies to the building work and details of the assessment methods used to establish compliance with the building standard; (d) if the certificate of design compliance is in respect of a Class 2 to Class 9 building — (i) details of any advice given by the FES Commissioner in respect of the plans and specifications provided under regulation 18B(1); and
(ii) details of any notification given by the building surveyor to the FES Commissioner under regulation 15A(1).
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18B. Certificate of design compliance — preliminary
action (s. 19(6))
(1)
For the purposes of section 19(6), at least 15 business days before signing a certificate of design compliance in respect of a Class 2 to Class 9 building, a building
surveyor must provide to the FES Commissioner plans and specifications for the building in sufficient detail to allow assessment of compliance with the FES
Commissioner’s operational requirements. (2) A building surveyor does not have to comply with
subregulation (1) if —
(a)
the certificate is in respect of a stand-alone single storey Class 5, 6, 7 or 8 building having a total floor area of 500 m2 or less; and
(b)
no alternative solution is proposed to a building standard that relates to a performance requirement in the Building Code relating to fire safety.
(3) A building surveyor does not have to comply with
subregulation (1) if —
(a)
the certificate is in respect of a Class 2 to Class 9 building that is being renovated, altered, improved or repaired; and
(b)
no alternative solution is proposed to a building standard that relates to a performance requirement in the Building Code relating to fire safety.
(4) A building surveyor does not have to comply with
subregulation (1) if —
(a)
the certificate is in respect of a stage of building work to a Class 2 to Class 9 building; and
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(b) the following provisions of the Building Code Volume 1 do not apply to that stage — (i) Section C concerning fire resistance;
(ii) Section E Part E1 concerning fire fighting equipment;
(iii) Section E Part E2 concerning smoke hazard management.
18C. Certificate of design compliance — things to
accompany (s. 149)
(1) It is sufficient compliance with regulation 18A(d)(i) to attach to the certificate of design compliance a copy of the advice given by the FES Commissioner. (2) It is sufficient compliance with regulation 18A(d)(ii) to attach to the certificate of design compliance a copy of the notification.
9. Regulation 18 amended
In regulation 18(4) delete “application.” and insert:
application unless the building surveyor does not have to
comply with regulation 18B(1) because of regulation 18B(2),
(3) or (4).
10. Regulation 23A inserted
After regulation 22 insert:
23A. To whom permit document issued (s. 28) For the purposes of section 28(1)(d) a building permit
document must be given to the FES Commissioner.
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11. Regulation 26 amended
Delete regulation 26(1) and insert:
(1) For the purposes of section 35(c), the owner of a building or incidental structure to which a permit applies may apply to the relevant permit authority for approval of a new responsible person for the work to which the permit applies if the permit does not have effect for a reason mentioned in section 35(a) or (b).
12. Part 4 Divisions 1 and 2 inserted
At the beginning of Part 4 insert:
Division 1 — Applicable building standards
Subdivision 1 — Building standards in relation to
construction
31A. Applicable building standards generally (s. 3, 19(3)
and 37(1))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of sections 19(3)
and 37(1) in respect of all kinds of buildings and
incidental structures, except to the extent that
regulations 31B, 31C and 31D otherwise provide.(2) For subregulation (1), the applicable building standards
for a building or incidental structure are the
requirements in relation to the technical aspects of the
construction of a building or incidental structure of that
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building or incidental structure’s classification that
are —
(a)
set out in the edition of the Building Code that is in effect at the time the application for the building permit is made; or
(b)
set out in the edition of the Building Code that was in effect 12 months before the time the application for the building permit is made.
31B. Applicable building standards for alterations etc.
before 1 May 2014 (s. 3, 19(3) and 37(1))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of sections 19(3)
and 37(1) in respect of a building or incidental
structure that is being renovated, altered, extended,
improved or repaired before 1 May 2014.(2) For subregulation (1), the applicable building standards
are the requirements mentioned in regulation 31A(2)
except that —
(a) in respect of Class 2 to Class 9 buildings and incidental structures — (i) the requirements set out in the Building Code Volume 1 Part JO do not apply; and
(ii) the requirements set out in the Building Volume 1 WA Part JO of Appendices (Variation and Additions) apply;
and
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(b) in respect of Class 1 or Class 10 buildings and incidental structures — (i) the requirements set out in the Building Code Volume 2 Parts 2.6 and 3.12 do not apply; and
(ii) the requirements set out in the Building Volume 2 Parts 2.6 and 3.12 apply.
31C. Applicable building standards for private
swimming pools (s. 3, 19(3) and 37(1))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of sections 19(3)
and 37(1) in respect of the construction of a private
swimming pool.(2) For subregulation (1), the applicable building standards
in respect of the construction of a private swimming
pool are —
(a)
each requirement, other than performance requirements GP1.2(a) and P2.5.3, set out in the Building Code applicable to private swimming pools; and
(b)
each requirement for the enclosure of a private swimming pool set out in regulation 50.
31D. Applicable building standards for relocated
buildings and incidental structures (s. 3, 19(3) and
37(1))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of sections 19(3)
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and 37(1) in respect of the assembly, reassembly or
securing of a relocated building or a relocatedincidental structure.
(2) For subregulation (1), the applicable building standards
are the requirements mentioned in regulation 31A(2)
except to the extent that subregulations (3), (4) and (5)
of this regulation otherwise provide.(3) The building standards that relate to each of the
performance requirements listed in the Table and set
out in the edition of the Building Code —
(a)
that is in effect at the time the application for the most recent building permit is made; or
(b)
that was in effect 12 months before the time the application for the most recent building permit is made,
apply to that classification of the building or incidental
structure.
Table
Section or part of Building Performance
Code requirements
Volume One, Section B — BP1.1, BP1.2, BP1.3 Structural provisions Volume One, Section C — CP1, CP2, CP3, CP4, Fire resistance CP5, CP6, CP7, CP8,
CP9Volume One, Section D — DP2, DP3, DP4, DP5, Access and egress DP6
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Section or part of Building Performance
Code requirements
Volume One, Section E — EP1.1, EP1.2, EP1.3, Services and equipment
EP1.4, EP1.5, EP1.6, EP2.1, EP2.2, EP4.1, EP4.2, EP4.3
Volume One, Section G — GP1.2(b), GP2.1, Ancillary provisions GP 2.2, GP5.1 Volume Two, Part 2.1 — P2.1 Structure Volume Two, Part 2.3 — P2.3.1, P2.3.2, P2.3.3, Fire safety P2.3.4, P2.3.5 Volume Two, Part 2.5 — P2.5.1, P2.5.2, P2.5.4 Safe movement and access (4) The building standards that relate to each of the
performance requirements listed in the Table and set
out in —
(a)
the edition of the Building Code in effect at the time of, or 12 months before, the first application for a building permit to assemble the building or incidental structure (whichever was applied by the building surveyor in respect of the building or incidental structure); and
(b)
the provisions of that edition relevant to the geographical area where the building or incidental structure was first assembled,
apply to that classification of the building or incidental
structure.
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Table
Section or part of Building Performance
Code requirements
Volume One, Section J — JP1, JP2, JP3 Energy Efficiency Volume Two, Part 3.12 — P2.6.1, P2.6.2 Energy Efficiency (5) To the extent that there is not a building standard
referred to in regulation 31A(2) that is relevant — the
applicable building standards are the requirements of
the written law applicable at the time the building or
incidental structure was first assembled.
31E. Applicable building standards for building work
done without a permit (s. 3 and 37(2))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of section 37(2) in
respect of all kinds of buildings and incidental
structures.(2) For subregulation (1), the applicable building standards
for a building or incidental structure are the
requirements in relation to the technical aspects of the
construction of a building or incidental structure of that
building or incidental structure’s classification that are
set out in the edition of the Building Code that was in
effect at the time construction commenced.
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31F. Applicable building standards for replacement
occupancy permit for permanent change of
building’s use, classification or for occupancy
permit or building approval certificate for
registration of strata scheme, plan of re-subdivision
(s. 3, 57(3), 49(a) and (b) and 50(1)(a) and (b))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of section 57(3) for
an application mentioned in section 49(a) or (b) or
50(1)(a) or (b) in respect of all kinds of buildings.(2) For subregulation (1), the applicable building standards
for a building are the requirements mentioned in
regulation 31A(2)(a) or (b) applied by the building
surveyor who signed the certificate of design
compliance for the building but if there is no applicable
certificate of design compliance, either —
(a)
the building licence or other approval that was granted in respect of the construction of the building under the written law applicable at the time of its construction; or
(b)
each requirement in relation to the technical aspects of the construction of the building applicable to the building at the time of its construction.
31G. Applicable building standards for occupancy permit
for unauthorised work to building, or for building
approval certificate for unauthorised work to
building or incidental structure (s. 3, 57(3) and
51(2) and (3))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
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set out in subregulation (2) are prescribed as applicable building standards for the purposes of section 57(3) for an application mentioned —
(a)
in section 51(2) in respect of all kinds of buildings; or
(b)
in section 51(3) in respect of all kinds of buildings and incidental structures.
(2) For subregulation (1), the applicable building standards
for a building or incidental structure are the
requirements in relation to the technical aspects of the
construction of a building or incidental structure of that
building or incidental structure’s classification that are
set out in the edition of the Building Code that is in
effect at the time the application for the occupancy
permit or building approval certificate is made.
31H. Applicable building standards for modification of
occupancy permit for additional use of building on
temporary basis, for occupancy permit for building
with existing authorisation or for building approval
for building or incidental structure with existing
authorisation (s. 3, 57(4)(b), 48 and 52(1) and (2))
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of section 57(4)(b)
for an application mentioned —
(a)
in section 48 or 52(1) in respect of all kinds of buildings; or
(b)
in section 52(2) in respect of all kinds of buildings and incidental structures.
(2) For subregulation (1), the applicable building standards
for a building are the requirements mentioned in
regulation 31A(2)(a) or (b) applied by the building
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surveyor who signed the certificate of design
compliance for the building or incidental structure but
if there is no applicable certificate of designcompliance, either —
(a) the building licence or other approval that was granted in respect of the construction of the building or incidental structure under the written law applicable at the time of its construction; or (b) each requirement in relation to the technical aspects of the construction of the building or structure applicable to the building or incidental structure at the time of its construction.
Subdivision 2 — Building standards in relation to demolition
31I. Applicable building standards in relation to
demolition work (s. 3 and 38)
(1) For the purposes of the definition of applicable
building standard in section 3, the building standards
set out in subregulation (2) are prescribed as applicable
building standards for the purposes of section 38(1)
and (2) in respect of demolition work.(2) For subregulation (1), the applicable building standards
in respect of demolition work are as follows —
(a) material removed or displaced from a building or incidental structure being demolished — (i) must not be placed in such a way as to cause a floor of the building or incidental structure to collapse; and
(ii) must be sprayed with water or otherwise treated to prevent any nuisance from dust; and
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(iii) must be removed from the demolition site; and
(iv) must not be burned on the demolition site;
(b)
ensuring the disconnection of each electrical, gas, telephone or water service to the building or incidental structure being demolished.
Division 2 — Demonstrating compliance with building
standards
31J. Compliance with building standards — CodeMark
certificates
(1) In this regulation — building product includes a building product, method,
design, component and system;CodeMark certificate means a certificate, issued under the CodeMark Scheme administered by the Australian Building Codes Board, which certifies that a building product complies with the provisions of the Building Code specified in the certificate. (2) For the purposes of demonstrating compliance with a building standard, a CodeMark certificate issued for a building product is sufficient evidence that the building product complies with the provisions of the Building
Code specified in the certificate.13. Part 4 Division 3 heading inserted
Before regulation 31 insert:
Division 3 — Non-application, modification, of
building standards
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14. Regulation 31 amended
In regulation 31 delete “Part —” and insert:
Division —
15. Regulation 36A inserted
After regulation 35 insert:
36A. Further information (s. 55(3) and (4))
(1) For the purposes of section 55(3), a requirement under
section 55(1) —
(a) must be in writing; and (b)
must be clearly identified as a requirement under section 55(1); and
(c)
must set out the specified time mentioned in section 55(1) and when it commences; and
(d)
must indicate the consequences under section 55(2) of not complying with the requirement within the specified time; and
(e)
must specify the information, if any, that the applicant must verify by statutory declaration.
(2) For the purposes of section 55(4), only one set of
requirements may be made in relation to an application.
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16. Regulation 43 replaced
Delete regulation 43 and insert:
43. Buildings for which occupancy permit not required (s. 41(2))
An occupancy permit is not required for any of the
following —
(a) a Class 1 or Class 10 building; (b) a building mentioned in regulation 41(1)(a) or (b); (c) a temporary office, shed or sanitary facility to be used by a builder in connection with building work carried out on the land on which the office, shed or sanitary facility is, or is proposed to be, located; (d) a building owned or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State for which building work — (i) commences before 31 December 2012; and
(ii) has, when it commences, an estimated value of less than $100 000;
(e) a building owned or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State for which building work — (i) commences before 30 June 2014; and
(ii) has, when it commences, an estimated value of less than $50 000;
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(f)
a building for which a building licence was not required under the former provisions if —
(i) building work for the building or
(ii) a contract to do the building work was entered into before commencement day.
17. Regulation 46 deleted
Delete regulation 46.
18. Regulation 54 amended
Delete regulation 54(2) and insert:
(2) For the purposes of section 93(2)(d) a person who was an authorised person for the purposes of section 245A of the repealed provisions immediately before repeal day is to be taken to be an authorised person in relation to the inspection of private swimming pool enclosures for the period commencing on repeal day and ending
on the day that is 5 years after that day.
19. Regulation 62 amended
In regulation 62(2)(b)(ii) delete “the alarm has” and insert:
has
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20. Part 10 inserted
After regulation 68 insert:
Part 10 — Infringement notices
69. Prescribed offences and modified penalties
(1) The offences specified in Schedule 6 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2. (2) The modified penalty specified opposite an offence in Schedule 6 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3). 70. Approved officers and authorised officers
(1) A permit authority that is a local government may, in
writing, appoint to be an approved officer for the
purposes of the Criminal Procedure Act 2004
section 6(a), a person appointed under the Local
Government Act 1995 section 9.10(1) and authorised
for the purpose of performing functions under
section 9.19 or 9.20 of that Act.(2) A permit authority that is a local government may, in
writing, appoint to be an authorised officer for the
purposes of the Criminal Procedure Act 2004
section 6(b), a person appointed under the Local
Government Act 1995 section 9.10(1) and authorised
for the purpose of performing functions under
section 9.16 of that Act.(3) A permit authority that is a local government must
issue each of its authorised officers a certificate of the
person’s appointment, and the person must produce the
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certificate whenever required to do so by a person who
has been or is about to be affected by any exercise of
authority by the authorised person.71. Forms
For the purposes of the Criminal Procedure Act 2004
Part 2, the forms set out in Schedule 7 are prescribed in
relation to the matters specified in those forms.
21. Schedule 4 amended
(1) In Schedule 4 clause 2 in the Table item 8 delete “rainwater” and
insert:water storage (2) In Schedule 4 clause 2 in the Table delete item 12 and insert:
12.
Building work for buildings owned or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State that —
(a) commences before 30 June 2014; and (b)
has, when it commences, an estimated value of less than $50 000.
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22. Schedules 6 and 7 inserted
After Schedule 5 insert:
Schedule 6 — Prescribed offences and
modified penalties
[r. 69(1) and (2)]
Offences
Modified penalty
($)
r. 50(1) Enclosure of private swimming pool 100 r. 56 Requirement to have smoke alarms or similar prior to transfer of dwelling 750 r. 58 Requirement to have smoke alarms or similar prior to tenancy 750 r. 59 Requirement to have smoke alarms or similar prior to hire of dwelling 750
Schedule 7 — Forms
[r. 71]
Form 1 — Infringement notice
Building Act 2011 Infringement
Building Regulations 2012 notice no. INFRINGEMENT NOTICE
Alleged Name offender Address
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Details of Date or alleged period offence Place
Written law Regulation of the
contravened Building Regulations 2012 Details of
offenceDate Date of
noticeIssuing Name officer Office Signature Modified $_____ penalty Penalty
Individual $_____ You do not have to pay this
amount. This is the maximum
fine that can be imposed if you
Body $_____
corporate are prosecuted in a court and
convicted of this offence.TAKE It is alleged that you have committed the above offence. NOTICE If you do not want to be prosecuted in court for the
offence, pay the modified penalty to the Approved Officer
within 28 days after the date of this notice.
If you do not pay the modified penalty within 28 days, you
may be prosecuted or enforcement action may be taken
under the Fines, Penalties and Infringement Notices
Enforcement Act 1994. Under that Act your driver’s
licence or vehicle licence may be suspended.
If you need more time to pay the modified penalty, you
should contact the Approved Officer at the address below.
Paying the modified penalty will not be regarded as an
admission for the purposes of any civil or criminal court
case.
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If you want this matter to be dealt with by prosecution in court, sign and date here:
__________________________________ / /20 and post this notice to the Approved Officer at the address below within 28 days after the date of this notice.
If you consider that you have good reason to have this
notice withdrawn, you can write to the Approved Officer at
the address below requesting that this notice be withdrawn
and setting out why you consider that this notice should be
withdrawn. Your letter must be received not later than28 days after the date of this notice.
How to By post Tick the relevant box below and post this pay notice to:
Approved Officer — Building Act 2011
[Address]
❒ I want to pay the modified penalty.
A cheque or money order (payable to
‘Approved Officer’ — Building
Act 2011) for the modified penalty is
enclosed.❒ I want to pay the modified penalty by
credit card. Please debit my credit card
account.Card type _____________________________ Cardholder name _______________________ Card number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]
Expiry date of card _____/_____
Amount $__________
Signature ____________________Complete all details
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In person Pay the cashier at:
[Address]
Method of Date of service service Form 2 — Withdrawal of infringement notice
Building Act 2011 Withdrawal no.
Building Regulations 2012
WITHDRAWAL OF
INFRINGEMENT NOTICE
Alleged Name offender Address Details of Infringement infringement notice no. notice Date of issue Details of Date or alleged period offence Place
Written law Regulation of the
contravened Building Regulations 2012 Details of
offenceApproved Name Officer Office withdrawing notice Signature
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Date Date of
withdrawalWithdrawal The above infringement notice issued against you for the of above alleged offence has been withdrawn. infringement If you have already paid the modified penalty for the notice alleged offence, you are entitled to a refund.
[*Delete * Your refund is enclosed whichever is
not or
applicable]
*
If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:
Approved Officer — Building Act 2011 [Address]
Your Date signature
By Command of the Governor,
G. MOORE, Clerk of the Executive Council.
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