Building and Other Legislation Amendment Regulation (No. 4) 2011 (Qld)

Queensland Building and Other Legislation Amendment Regulation (No. 4) 2011 Subordinate Legislation 2011 No. 265 made under the Building Act 1975 Fire and Rescue Service Act 1990 Plumbing and Drainage Act 2002 Sustainable Planning Act 2009 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Building Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 6 (Operation of pt 3) . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 18 (Restrictions on deciding competency) . . . . 4 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 18A Individuals competent to give inspection help . . . . . . 5 Amendment of s 31 (Inspection procedure) . . . . . . . . . . . . . . . . . 5 Amendment of s 47 (Aspect inspection certificate) . . . . . . . . . . . 5 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 47A Competent persons (inspections)—restriction for giving certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 49 (Optional acceptability by building certifier) . 6 Amendment of s 50 (Optional acceptability by competent person (inspections)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Building and Other Legislation Amendment Regulation (No. 4) 2011 Contents 12 13 14 Part 3 15 16 Part 4 17 18 19 Part 5 20 21 22 23 24 25 26 27 28 29 30 31 Part 6 32 33 Insertion of new ss 51BLA and 51BLB. . . . . . . . . . . . . . . . . . . . . 51BLA Approval of amendment of QDC by replacing part MP5.4 .......................... 51BLB Approval of amendment of QDC by replacing part MP6.1 ........................... Amendment of s 54 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Building Fire Safety Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Plumbing and Drainage Regulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Qualifications, practical experience and scope of work for restricted licences) . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Qualifications, practical experience and scope of work for endorsements) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Standard Plumbing and DrainageRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (What are the applied provisions and glossary) Amendment of s 8A (Compliance with Plumbing Code of Australia) .................................. Amendment of s 8B (Compliance with QPW code) . . . . . . . . . . . Amendment of s 9 (Regulated work and on-site sewerage work) Omission of s 10 (Minor work and unregulated work) . . . . . . . . . Amendment of s 11 (Limited application of AS/NZS 3500.1:2003) ............................... Amendment of s 12 (Limited application of AS/NZS 3500.4:2003) .............................. Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12A Limited application of some applied provisions . . . . . Amendment of s 25 (Meaning of remote area). . . . . . . . . . . . . . . Replacement of sch 1 (Applied provisions) . . . . . . . . . . . . . . . . . Omission of sch 5 (Local governments for remote areas) . . . . . . Amendment of Sustainable Planning Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8 9 9 10 10 11 11 12 12 12 13 13 13 13 13 14 14 14 14 15 15 Page 2 2011 SL No. 265

Building and Other Legislation Amendment Regulation (No. 4) 2011 Contents Part 9 Transitional provision for Building and Other Legislation Amendment Regulation (No. 4) 2011 43 Applications for building development approval to continue under pre-amended regulation . . . . . . . . . . 15 34 Amendment of sch 7 (Referral agencies and their jurisdictions) . 15 35 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 16 2011 SL No. 265 Page 3

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Building and Other Legislation Amendment Regulation (No. 4) 2011 . 2 Commencement Sections 9, 10 and 11 commence on 1 February 2012. Part 2 Amendment of Building Regulation 2006 3 Regulation amended This part amends the Building Regulation 2006 . 4 Amendment of s 6 (Operation of pt 3) Section 6(b), from ‘that’ to ‘resolution’— omit , insert — ‘about which a local government makes or amends in a provision of a local law or planning scheme or a resolution’. 5 Amendment of s 18 (Restrictions on deciding competency) Section 18(1), after ‘(4)’— insert— ‘and section 18A’. Page 4 2011 SL No. 265

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 2 Amendment of Building Regulation 2006 [s 6] 6 Insertion of new s 18A After section 18— insert— ‘18A Individuals competent to give inspection help ‘(1) An individual must be a cadastral surveyor to be competent to give inspection help to a building certifier for the boundary clearances aspect of building work for a single detached class 1a building. ‘(2) An individual must be a registered professional engineer to be competent to give inspection help to a building certifier for the reinforcement of footing system aspect of building work for a single detached class 1a building.’. 7 Amendment of s 31 (Inspection procedure) (1) Section 31(3)— renumber as section 31(5). (2) Section 31— insert — ‘(3) However, subject to subsection (4), the inspecting person may accept an aspect inspection certificate, for an aspect of the stage, instead of inspecting the work. ‘(4) For a single detached class 1a building, the inspecting person must not accept aspect inspection certificates for all aspects of the final stage.’. 8 Amendment of s 47 (Aspect inspection certificate) (1) Section 47(1)— omit, insert — ‘(1) Subject to section 47A, a competent person (inspections) for assessable building work may give the building certifier a certificate for a stated aspect of the work if— 2011 SL No. 265 Page 5

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 2 Amendment of Building Regulation 2006 [s 9] (a) the competent person inspects the aspect of the work; and (b) the competent person is satisfied that the aspect of the work has been completed and complies with the building development approval.’. (2) Section 47— insert — ‘(1A) The inspection must be carried out under best industry practice.’. (3) Section 47(1A) and (2)— renumber as section 47(2) and (3). 9 ‘47A Insertion of new s 47A After section 47— insert— Competent persons (inspections)—restriction for giving certificates ‘A competent person (inspections) must not give a building certifier an aspect inspection certificate for an aspect of assessable building work for a single detached class 1a building unless— (a) if the certificate is for the boundary clearances aspect of the building—the competent person is a cadastral surveyor; or (b) if the certificate is for the reinforcement of footing system aspect of the building—the competent person is a registered professional engineer.’. 10 Amendment of s 49 (Optional acceptability by building certifier) (1) Section 49(1)— insert— Page 6 2011 SL No. 265

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 2 Amendment of Building Regulation 2006 [s 11] ‘(da) for a certificate that is an aspect inspection certificate, the person complied with section 47A; and’. (2) Section 49(1)(da) and (e)— renumber as section 49(1)(e) and (f). 11 Amendment of s 50 (Optional acceptability by competent person (inspections)) (1) Section 50(2)— insert— ‘(da) for a certificate that is an aspect inspection certificate, the person complied with section 47A; and’. (2) Section 50(2)(da) and (e)— renumber as section 50(2)(e) and (f). 12 Insertion of new ss 51BLA and 51BLB After section 51BL— insert — ‘51BLA Approval of amendment of QDC by replacing part MP5.4 ‘(1) The amendment of the QDC by replacing part MP5.4 published by the chief executive on 21 November 2011 is approved under section 13(3) of the Act. ‘(2) The approval takes effect on 1 January 2012. ‘51BLB Approval of amendment of QDC by replacing part MP6.1 ‘(1) The amendment of the QDC by replacing part MP6.1 published by the chief executive on 28 November 2011 is approved under section 13(3) of the Act. ‘(2) The approval takes effect on 1 January 2012.’. 2011 SL No. 265 Page 7

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 2 Amendment of Building Regulation 2006 [s 13] 13 Amendment of s 54 (Fees) Section 54— insert— ‘(4) The chief executive may refund the fee for a variation application if— (a) if the application is accompanied by a request to fast-track a decision for the application—the decision is not made within 2 business days after the application is made; or (b) otherwise—a decision for the application is not made within 20 business days after the application is made. ‘(5) In deciding whether to refund the fee, the chief executive must have regard to each of the following— (a) if the chief executive requested further information about the application, whether the applicant provided the information in a timely way; (b) any matter about the complexity of the building work that is the subject of the application, including— (i) the scale of the building work; and (ii) whether the department made a request for specialist advice to decide the application.’. 14 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ aspect inspection certificate means a certificate given under section 47. boundary clearances aspect means the boundary clearances aspect as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department in May 2010. Page 8 2011 SL No. 265

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 3 Amendment of Building Fire Safety Regulation 2008 [s 15] cadastral surveyor means a person registered as a cadastral surveyor under the Surveyors Act 2003 . registered professional engineer means a person registered as a registered professional engineer under the ProfessionalEngineers Act 2002 . reinforcement of footing system aspect means the reinforcement of slab and footing system aspect for the reinforcement of footings as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department in May 2010.’. Part 3 Amendment of Building Fire Safety Regulation 2008 15 Regulation amended This part amends the Building Fire Safety Regulation 2008. 16 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition appropriately qualified person — omit . (2) Schedule 3— insert — ‘ appropriately qualified person , for carrying out maintenance of a prescribed fire safety installation of a particular type, means a person who holds a licence of a class or type, or with an endorsement— (a) that is— (i) if the installation is a water-based fire safety installation— 2011 SL No. 265 Page 9

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 4 Amendment of Plumbing and Drainage Regulation 2003 [s 17] (A) stated in the PlumbingandDrainageRegulation 2003 , schedule 2, items 4 to 6; or (B) stated in the PlumbingandDrainageRegulation 2003 , schedule 3, items 4 and 5; or (C) stated in the QueenslandBuildingServicesAuthority Regulation 2003 , schedule 2A; or (ii) otherwise—stated in the QueenslandBuildingServices Authority Regulation 2003 , schedule 2A; and (b) for which the scope of work includes the maintenance of installations of that type. water-based fire safety installation , for a building or structure, means a prescribed fire safety installation that consists of either of the following items for the building or structure— (a) sprinklers (including wall-wetting sprinklers); (b) fire hydrants (including hydrant boosters).’. Part 4 Amendment of Plumbing and Drainage Regulation 2003 17 Regulation amended This part amends the PlumbingandDrainageRegulation 2003 . 18 Amendment of sch 2 (Qualifications, practical experience and scope of work for restricted licences) (1) Schedule 2, item 4, column 2, paragraph (c)— omit . Page 10 2011 SL No. 265

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 5 Amendment of Standard Plumbing and Drainage Regulation 2003 [s 19] (2) Schedule 2, item 4, column 3, paragraphs (a) and (b)— omit , insert — ‘no prescribed practical experience’. (3) Schedule 2, item 5, column 2, paragraphs (a) and (b)— omit , insert — ‘the competencies in an apprenticeship in fire protection’. (4) Schedule 2, item 5, column 3, paragraphs (a) and (b)— omit , insert — ‘no prescribed practical experience’. 19 Amendment of sch 3 (Qualifications, practical experience and scope of work for endorsements) (1) Schedule 3, item 4, column 2, paragraph (b)— omit . (2) Schedule 3, item 4, column 2, paragraph (c)— renumber as paragraph (b). (3) Schedule 3, item 4, column 3, paragraphs (a) and (b)— omit , insert — ‘no prescribed practical experience’. Part 5 Amendment of Standard Plumbing and Drainage Regulation 2003 20 Regulation amended This part amends the StandardPlumbingandDrainageRegulation 2003 . 2011 SL No. 265 Page 11

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 5 Amendment of Standard Plumbing and Drainage Regulation 2003 [s 21] 21 Amendment of s 5 (What are the applied provisions and glossary ) Section 5(2), from ‘the document’— omit , insert — ‘AS/NZS 3500.0:2003 (Plumbing and drainage—Glossary of terms).’. 22 Amendment of s 8A (Compliance with Plumbing Code of Australia) (1) Section 8A(1), after ‘Plumbing’— insert — ‘work’. (2) Section 8A(2), from ‘and drainage’— omit , insert — ‘work and drainage work is not required to comply with any of the following— (a) AS/NZS 3500.5:2000 (National plumbing and drainage—domestic installations); (b) AS/NZS 3500.3:2003 (Plumbing drainage—stormwater drainage); and (c) AS/NZS 1546.2:2001 (On-site domestic wastewater treatment units—waterless composting toilets).’. (3) Section 8A(3), after ‘Plumbing’— insert — ‘work’. 23 Amendment of s 8B (Compliance with QPW code) Section 8B(1) and (2), from ‘Plumbing’ to ‘sewerage’— omit , insert — ‘Plumbing work and drainage’. Page 12 2011 SL No. 265

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 5 Amendment of Standard Plumbing and Drainage Regulation 2003 [s 24] 24 Amendment of s 9 (Regulated work and on-site sewerage work) (1) Section 9, heading— omit , insert — ‘9 Compliance with applied provisions’. (2) Section 9(1), from ‘regulated’ to ‘sewerage’— omit , insert — ‘plumbing work and drainage’. 25 Omission of s 10 (Minor work and unregulated work) Section 10— omit . 26 Amendment of s 11 (Limited application of AS/NZS 3500.1:2003) Section 11(2), ‘The local’— omit , insert— ‘For the PCA, the local’. 27 Amendment of s 12 (Limited application of AS/NZS 3500.4:2003) Section 12, ‘for regulated work’— omit , insert— ‘under the PCA’. 28 Insertion of new s 12A Part 2— insert— 2011 SL No. 265 Page 13

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 5 Amendment of Standard Plumbing and Drainage Regulation 2003 [s 29] ‘12A Limited application of some applied provisions ‘The applied provisions mentioned in schedule 1, items 1 to 3, apply to plumbing work and drainage work— (a) to the extent that the applied provisions refer to plumbing work and drainage work; and (b) at the stage of completion of the work.’. 29 Amendment of s 25 (Meaning of remote area ) Section 25(3), definition local government — omit . 30 Replacement of sch 1 (Applied provisions) Schedule 1— omit , insert — ‘Schedule 1 Applied provisions section 5 1 Queensland Development Code, part MP4.1 (Sustainable buildings) 2 Queensland Development Code, part MP4.2 (Water savings targets) 3 Queensland Development Code, part MP4.3 (Alternative water sources—commercial buildings)’. 31 Omission of sch 5 (Local governments for remote areas) Schedule 5— omit . Page 14 2011 SL No. 265

Part 6 Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 6 Amendment of Sustainable Planning Regulation 2009 [s 32] Amendment of Sustainable Planning Regulation 2009 32 Regulation amended This part amends the Sustainable Planning Regulation 2009. 33 Insertion of new pt 9 After section 42— insert — ‘Part 9 Transitional provision for Building and Other Legislation Amendment Regulation (No. 4) 2011 ‘43 Applications for building development approval to continue under pre-amended regulation ‘(1) This section applies if, before the commencement, an application for a building development approval was made but not decided. ‘(2) The pre-amended regulation continues to apply to the application. ‘(3) In this section— commencement means the commencement of this section. pre-amended regulation means this regulation as in force immediately before the commencement.’. 34 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 1, item 1, column 1— insert — 2011 SL No. 265 Page 15

Building and Other Legislation Amendment Regulation (No. 4) 2011 Part 6 Amendment of Sustainable Planning Regulation 2009 [s 35] ‘(c) includes an alternative solution assessed against the relevant performance requirements of the BCA or the performance criteria stated in the Queensland Development Code, part 2.3, for the fire safety system.’. (2) Schedule 7, table 1, item 1, column 3, ‘item (1)(b)’— omit , insert — ‘item 1(b) and (c)’. (3) Schedule 7, table 1— insert — ‘Water-based fire safety installations 2A A water-based fire safety installation Queensland Fire and Compliance with for a building or structure, if the Rescue Service—as the performance building work includes— a concurrence criteria 3, 4 and 5 of (a) the installation of the water-based fire safety installation; and agency the Queensland Development Code, part 6.1.’. (b) an alternative solution assessed against the performance criteria 3, 4 and 5 of the Queensland Development Code, part 6.1 35 Amendment of sch 26 (Dictionary) Schedule 26— insert — ‘ water-based fire safety installation see the Building Fire Safety Regulation 2008 , schedule 3.’. ENDNOTES 1 Made by the Governor in Council on 8 December 2011. 2 Notified in the gazette on 9 December 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government and Planning. Page 16 2011 SL No. 265

© State of Queensland 2011