Building Amendment Regulations (No. 2) 2018 (WA)

5 October 2018 GOVERNMENT GAZETTE, WA 4013

INDUSTRY REGULATION

1S301

Building Act 2011

Building Amendment Regulations (No. 2) 2018

Made by the Governor in Executive Council.

1.       Citation

These regulations are the Building Amendment Regulations (No. 2) 2018.
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 3 amended

In regulation 3 insert in alphabetical order:

5.	Regulation 31A amended In regulation 31A(1) delete "31B, 31C and 31D" and insert:
31C, 31D and 31HA

CV3 means the verification method CV3 set out in the
Building Code Volume 1 Section C;
fire resistance performance requirement means a
requirement that is part of the Building Code Volume 1
performance requirement CP2 if the purpose of the
requirement is to avoid the spread of fire via an
external wall of a building;

4014 GOVERNMENT GAZETTE, WA 5 October 2018

6.            Regulation 31B deleted

Delete regulation 31B.

7. Regulation 31E amended
In regulation 31 E( 1) delete "31 BA and 31 C" and insert:

31BA,3lC and 3lHA

8.            Regulation 31G amended

In regulation 31 G( 1) delete regulation 31 BA otherwise provides," and insert:

regulations 3 IBA and 3 1 H otherwise provide,

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

Applicable building standards for replacement occupancy permit for change of building's classification, or occupancy permit for unauthorised work to building, or for building approval certificate for unauthorised work to building or incidental structure (s. 3, 49(b)5 51(2) and (3) and 57(3))

9. Regulation 31HA inserted
At the end of Part 4 Division 1 Subdivision 1 insert:

31HA. Applicable building standards for non-combustible

external walls (s. 3, 19(3), 37(1) and (2) and 57(3))

(1)	In this regulation - commencement date means the date on which the Building Amendment Regulations (No. 2)2018 regulation 9 comes into operation;
debris criteria means the following classification
criteria in AS 5113:2016 (Fire propagation testing and classification of external walls of buildings) as referenced in CV3 -

(a)	the criterion set out in clause 5.4.3(g);
(b)	the criterion set out in clause 5.4.5(g);
(c)	the criterion set out in clause 5.4.6(f);

exempt remedial work means remedial work that is
carried Out primarily for the purposes of ensuring that
an external wall of an existing building or incidental
structure complies with the fire resistance performance
requirement;

5 October 2018 GOVERNMENT GAZETTE, WA 4015

existing building or incidental structure means a
building or an incidental structure in relation to

which -

(a)	an application for a building permit was made before the commencement date; or
(b)	a building licence or other approval that was required to be granted under the written law applicable at the time was granted before the commencement date; or
(c)	a building permit, building licence or other approval was not required and the construction of the building or the incidental structure commenced before the commencement date;

external wall has the meaning given in the Building
Code Volume! Part Al;
non-combustible external wall means an external wall

that is required to be non-combustible (as defined in

the Building Code Volume 1 Part Al) by the Building

Code Volume 1 Part C!.9;
remedial work means building work that is the
renovation, alteration, improvement or repair of a

building or an incidental structure.

(2)	For the purposes of the definition of applicable building standard in section 3, the building standards set out in subregulation (3) are prescribed as applicable building standards for the purposes of sections 19(3), 37(1) and (2) and 5 7(3) in respect of non-combustible external walls.
(3)	For subregulation (2), the applicable building standards are the requirements mentioned in regulation 3 !A(2), except to the extent that subregulations (4) to (6) provide otherwise.

(4) A performance solution to the fire resistance	performance requirement must not be used unless the performance solution is verified in accordance with CV3.
(5)	Despite subregulation (4), a performance solution to the fire resistance performance requirement that is used for exempt remedial work is not required to be verified in accordance with CV3.
(6)	The debris criteria do not need to be complied with if it can be shown that, in the event of a fire in the external walls, the debris -

(a) will not prevent the safe evacuation of the
building's occupants; and

4016 GOVERNMENT GAZETTE, WA 5 October 2018

(b) will not pose a risk to an officer or member of a permanent fire brigade as defined in the Fire Brigades Act 1942 section 4(1).

10.     Regulation 31J amended

After regulation 31J(2) insert:

(3) Despite subregulation (2), a CodeMark certificate must
not be used for a performance solution to the fire
resistance performance requirement unless the
performance solution is verified in accordance
with CV3.

M. INGLIS, Clerk of the Executive Council.