Building and Other Legislation Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 172 Building Act 1975 Integrated Planning Act 1997 BUILDING AND OTHER LEGISLATION AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF STANDARD BUILDING REGULATION 1993 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 1, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 4—QDC 10A Application of QDC, pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10B Proof of QDC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10C Relationship between QDC and BCA . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 12 (Building certifier’s discretion). . . . . . . . . . . . . . . . . . . 6 7 Insertion of new ss 13A–13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13A Building certifier’s discretion—QDC, pt 14 . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 15 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 26 (Information private certifier must give to assessment manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 10 Amendment of s 28 (Assessment manager must keep drawings and documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 7A—FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS Division 1—Fire safety standard 83A Fire safety standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2—Record keeping requirements 83B Local government’s obligation to keep records . . . . . . . . . . . . . . . . . 8 83C Owner’s obligation to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Amendment of s 98 (Preparation of certificate of classification) . . . . . . . . . 9 13 Amendment of s 106 (When changes of classification happen) . . . . . . . . . . 10 14 Amendment of sch 5 (Development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3—AMENDMENT OF INTEGRATED PLANNING REGULATION 1998 15 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Amendment of sch 1A (Alternative assessment managers) . . . . . . . . . . . . . 11 17 Amendment of sch 2 (Referral agencies and jurisdiction) . . . . . . . . . . . . . . 11

s1 3 s4 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Building and Other Legislation Amendment Regulation (No. 1) 2002 . 2 Commencement This regulation commences on 1 July 2002, immediately after the commencement of the Integrated Planning Amendment Regulation (No. 1)2002 , section 12. PART 2—AMENDMENT OF STANDARD BUILDING REGULATION 1993 3 Regulation amended in pt 2 This part amends the Standard Building Regulation 1993. 4 Amendment of s 5 (Definitions) (1) Section 5, “fire authority” and “special fire service” — omit . (2) Section 5— insert — ‘ “fire authority” means the Queensland Fire and Rescue Service established under the Fire and Rescue Service Act 1990 . “notice of reasons” , for sections 26(1)(e) and 28(1)(a)(v), means a written notice that— (a) states— (i) the performance standards on which the approval is based; and

s4 4 s4 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 (ii) how the building work complies with the performance standards; and (b) contains details of inspection or test results and other documents or information relied on to decide the application. “performance based solution” means the material, system, method of building or other thing intended to be used by a person to comply with the performance standards. “performance standards” means any of the following— (a) the performance requirements of BCA; (b) the performance criteria stated in QDC, part 14; (c) section 11 or 12 of the Act; (d) section 16 or 17 of this regulation. “QDC” means the Queensland Development Code. “Queensland Development Code” means the Queensland Development Code published by the department as at 14 June 2002. 1 “special fire service” — (a) means— (i) for a building—an item mentioned in schedule 2; 2 or (ii) for matters the fire authority must assess—an item mentioned in schedule 3; 3 or (iii) for matters the fire authority must inspect—an item mentioned in schedule 4; 4 but 1 Copies of the Queensland Development Code are available for inspection at the department’s office at 111 George Street, Brisbane. The Queensland Development Code is also available for inspection on the department’s website at 2 Schedule 2 (Special fire services (Generally)) 3 Schedule 3 (Special fire services (Assessment by fire authority)) 4 Schedule 4 (Special fire services (Inspection by fire authority))

s5 5 s5 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 (b) does not include interconnected alarms in budget accommodation buildings under part 2A, division 3 5 of the Act.’. (3) Section 5, definition “fire safety installation” , after ‘structure’— omit, insert — ‘— (a) means any of the items mentioned in schedule 1; 6 but (b) does not include interconnected alarms in budget accommodation buildings to which part 2A, division 3 7 of the Act applies.’. 5 Insertion of new pt 1, div 4 After section 10— insert— ‘Division 4—QDC ‘10A Application of QDC, pt 14 ‘Building work must comply with QDC, part 14, 8 to the extent the part applies to the work. ‘10B Proof of QDC ‘The production in any proceedings of a document purporting to be a copy of QDC, part 14 published by the department is evidence of the part. 5 Part 2A (Fire safety for budget accommodation buildings), division 3 (Budget accommodation buildings built, approved or applied for, before 1 January 1992) of the Act 6 Schedule 1 (Fire safety installations) 7 Part 2A (Fire safety for budget accommodation buildings), division 3 (Budget accommodation buildings built, approved or applied for, before 1 January 1992) of the Act 8 QDC, part 14 (Fire safety in budget accommodation buildings)

s6 6 s7 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 ‘10C Relationship between QDC and BCA ‘If QDC, part 14 is inconsistent with BCA, the part prevails to the extent of the inconsistency.’. 6 Amendment of s 12 (Building certifier’s discretion) (1) Section 12, heading— omit, insert— ‘12 Building certifier’s discretion—BCA’ . (2) Section 12(2)(a)(i), ‘provisions’— omit, insert — ‘requirements’. 7 Insertion of new ss 13A–13C After section 13— insert— ‘13A Building certifier’s discretion—QDC, pt 14 ‘ (1) This section applies for a development application if— (a) QDC, part 14 allows a discretionary decision (by, for example, using the word ‘suitable’ or ‘adequate’) about a material, system, method of building or other thing; and (b) under the application, a person proposes to use the material, system, method of building or other thing. ‘ (2) The building certifier must, in assessing the application, decide whether the material, system, method of building or other thing complies with QDC, part 14, including whether— (a) each aspect of the building work, to which the performance criteria stated in the part apply, complies with the criteria; or (b) each aspect of the building work, to which an acceptable solution stated in the part applies, complies with the solution.’.

s 8 7 s 11 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 8 Amendment of s 15 (Application of div 2) Section 15— insert — ‘ (2) However, this division does not apply if the alterations are for a budget accommodation building, to which part 2A, division 3 9 of the Act applies, to ensure the building conforms with the fire safety standard.’. 9 Amendment of s 26 (Information private certifier must give to assessment manager) Section 26(1)(e)— omit, insert — ‘(e) if the application relates to building work that uses a performance based solution—a notice of reasons.’. 10 Amendment of s 28 (Assessment manager must keep drawings and documents) Section 28(1)(a)(v)— omit, insert — ‘(v) if the application relates to building work that uses a performance based solution—a notice of reasons;’. 11 Insertion of new pt 7A After part 7— insert — 9 Part 2A (Fire safety for budget accommodation buildings), division 3 (Budget accommodation buildings built, approved or applied for, before 1 January 1992) of the Act

s 11 8 s 11 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 ‘PART 7A—FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS ‘Division 1—Fire safety standard ‘83A Fire safety standard ‘QDC, part 14 10 is prescribed as the fire safety standard for section 12C of the Act. ‘Division 2—Record keeping requirements ‘83B Local government’s obligation to keep records ‘A local government must keep the following records until the building to which the record relates is demolished or removed— (a) for each application made to the local government under section 12I of the Act—all documents relating to the application; and (b) for each inspection made by the local government under section 12R of the Act—a record of the inspection. ‘83C Owner’s obligation to keep records ‘ (1) The owner of a budget accommodation building to which section 12R 11 of the Act applies must, as required under this section, keep complete and accurate records for the building showing the owner is complying with the fire safety standard. Maximum penalty—20 penalty units. ‘ (2) The records must include details of each of the following— (a) the maximum number of occupants allowed; 10 QDC, part 14 (Fire safety in budget accommodation buildings) 11 Section 12R (Annual inspection of buildings for which development approval is given) of the Act

s 12 9 s 12 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 (b) the types of fire safety systems installed and the maintenance carried out on each system; (c) the training programs, and training given, for occupants and persons employed in the building about— (i) fire management and prevention; or (ii) emergency evacuation; (d) if the local government imposes any conditions on an approval given under section 12I(3) 12 of the Act—how the building complies with the conditions. ‘ (3) The records must be kept until the building is demolished or removed, unless the owner has a reasonable excuse.’. 12 Amendment of s 98 (Preparation of certificate of classification) (1) Section 98(2), ‘either’— omit, insert — ‘any’. (2) Section 98(2)— insert — ‘(c) for a budget accommodation building, the use or occupation of which has been restricted under subsection (5)—a change in circumstances that affects the way the building conforms with the restriction.’. (3) Section 98(5)(c)— omit, insert — ‘(c) state any necessary restriction on the use or occupation of the building if— (i) the building work uses a performance based solution; or 12 Section 12I (Approval of longer period for conformity with fire safety standard) of the Act

s 13 10 s 14 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 (ii) for a budget accommodation building, the building work involves an alternative solution, within the meaning of BCA. 13 ’. 13 Amendment of s 106 (When changes of classification happen) Section 106(b)— omit, insert — ‘(b) if the current certificate of classification for the building has, under section 98(5)(c), a restriction on the use or occupation of the building—a change in circumstances that affects the way the building conforms with the restriction.’. 14 Amendment of sch 5 (Development) Schedule 5, part 1— insert — ‘ 5A. Installation of smoke alarms and emergency lighting, and minor work including, for example, reversing door swings and fitting door handles, in budget accommodation buildings to which part 2A, division 3 14 of the Act applies.’. 13 BCA, part A1 (Interpretation), section A1.1 (Definitions)— “Alternative Solution” means a Building Solution which complies with the Performance Requirements other than by reason of satisfying the Deemed-to-Satisfy Provisions . 14 Part 2A (Fire safety for budget accommodation buildings), division 3 (Budget accommodation buildings built, approved or applied for, before 1 January 1992) of the Act

s 15 11 s 17 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 PART 3—AMENDMENT OF INTEGRATED PLANNING REGULATION 1998 15 Regulation amended in pt 3 This part amends the Integrated Planning Regulation 1998. 16 Amendment of sch 1A (Alternative assessment managers) Schedule 1A, parts 1 and 2, column 1, item 4— insert — ‘(c) no other assessment manager is prescribed for the development in this schedule’. 17 Amendment of sch 2 (Referral agencies and jurisdiction) (1) Schedule 2, item 1, heading, after ‘ services ’— insert — ‘ generally ’ .

12 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 (2) Schedule 2, after item 1— insert — ‘ Building work—special fire services for budget accommodation buildings ‘1AA. Assessment of a fire safety system for a budget accommodation building against the Standard BuildingRegulation, if the building work involves a solution assessed against— (a) the performance criteria stated in part 14 of the Queensland Development Code as defined under the Standard Building Regulation; or (b) the performance requirements of the BuildingCode of Australia, volumes 1 and 2, for the fire safety system; that includes fire safety management procedures as a condition of the use and occupation of the building. Queensland Fire and Rescue Service Advice Assessment of the fire safety management procedures against the Fire andRescue Service Act1990 ’. (3) Schedule 2, item 1A, column 1, ‘ deemed to satisfy ’— omit, insert — ‘ deemed-to-satisfy ’. (4) Schedule 2, items 1AA to 17— renumber as schedule 2, items 2 to 19.

13 Building and Other Legislation Amendment Regulation (No. 1) 2002 No. 172, 2002 ENDNOTES 1. Made by the Governor in Council on 27 June 2002. 2. Notified in the gazette on 28 June 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 2002