Building Legislation Amendment Regulation (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 86 Building Act 1975 Integrated Planning Act 1997 BUILDING LEGISLATION AMENDMENT REGULATION (No. 1) 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 2—AMENDMENT OF STANDARD BUILDING LAW 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 Insertion of new pt 1, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 1—Introduction 5 Amendment of s 1.1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Insertion of new ss 1.1A and 1.1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1.1A Regulation a code for IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1.1B No changes by local planning instruments or local laws . . . . . . . . . 12 7 Replacement of s 1.2 (Exclusion of certain building work) . . . . . . . . . . . . . 12 1.2 Most building work assessable against regulation . . . . . . . . . . . . . . 12 8 Replacement of heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2—Interpretation 9 Replacement of s 1.3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1.3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1.3A Meaning of “available for inspection” . . . . . . . . . . . . . . . . . . . . . . . . 18 1.3B References to proposed buildings or structures . . . . . . . . . . . . . . . . . 19

2 Building Legislation Amendment (No. 1) No. 86, 1998 10 Replacement of heading (Building Code of Australia requirements) . . . . . 20 Division 3—BCA 11 Replacement of s 1.4 (Code part of Law) . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1.4 BCA forms part of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1.4A Proof of BCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1.4B Relationship between BCA and Australian Standards . . . . . . . . . . . 20 12 Numbering and renumbering of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13 Replacement of remaining provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 2—ASSESSMENT OF DEVELOPMENT APPLICATIONS Division 1—General 11 Building certifiers to assess applications . . . . . . . . . . . . . . . . . . . . . . 21 12 Building certifier’s discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13 Certificate of conformity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 14 Application to build swimming pool must include fencing . . . . . . . 23 Division 2—Alterations to existing buildings or structures 15 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16 Certain alterations not permissible . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 17 Development approval may require entire building or structure to conform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18 Alterations associated with a change of classification . . . . . . . . . . . 24 Division 3—Advices from local government 19 Public access to development information . . . . . . . . . . . . . . . . . . . . 24 20 Local government must consider certain matters . . . . . . . . . . . . . . . 25 21 Appeals from local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 4—Drawings and certificates 22 Engineering drawings required for certain developments . . . . . . . . . 26 23 Optional acceptability of certificates . . . . . . . . . . . . . . . . . . . . . . . . . 27 24 Signature of competent persons on documents . . . . . . . . . . . . . . . . . 27 25 Assessment manager must accept certificate of private certifier . . 28 Division 5—Giving, accessing and keeping information 26 Information private certifier must give to assessment manager . . . . 28 27 Applicant to be given a copy of any drawings . . . . . . . . . . . . . . . . . 29 28 Assessment manager must keep drawings and documents . . . . . . . . 29

3 Building Legislation Amendment (No. 1) No. 86, 1998 Division 6—Permit conditions 29 Requirement for survey certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 30 30 When demolition, removal and rebuilding starts and finishes . . . . . 31 31 Extension of period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 32 Mandatory conditions for class 2–9 buildings . . . . . . . . . . . . . . . . . . 32 Division 7—Miscellaneous 33 Information to be given by the State to local government . . . . . . . . 32 PART 3—SITING REQUIREMENTS Division 1—Application of part 3 34 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 35 Local government resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 2—Boundary clearances 36 Road boundary clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 37 Concession for open carport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 38 Side and rear boundary clearances generally . . . . . . . . . . . . . . . . . . 33 39 Stepped design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 40 Concession for narrow allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 41 Concession for class 10a buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 42 Concession for fences, screens and ornamental or horticultural structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 43 Allotment coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Basic minimum floor area of a class 1 building . . . . . . . . . . . . . . . . 35 Division 3—Application of alternative siting requirements 45 Local government may prescribe alternative siting requirements . . 36 46 Local government to assess compliance with performance provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 47 Special requirements for corner allotments . . . . . . . . . . . . . . . . . . . . 37 48 Local government may vary application of div 2 . . . . . . . . . . . . . . . 38 49 Request to local government to vary siting requirements under pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 4—Amenity and aesthetics 50 Local government declaration about amenity and aesthetics on methods of building and locality . . . . . . . . . . . . . . . . . 39 51 Request to local government about amenity and aesthetics . . . . . . 40

4 Building Legislation Amendment (No. 1) No. 86, 1998 PART 4—SITE WORKS 52 Earthworks and retaining walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 53 Land liable to flooding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 54 Drainage of buildings or land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 55 Bush fire prone areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 56 Building work over sewer or water main . . . . . . . . . . . . . . . . . . . . . . 42 57 Building work over existing sanitary drainage . . . . . . . . . . . . . . . . . 42 58 Building work over easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 5—SWIMMING POOL FENCING 59 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 60 Object of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 61 Pools built or approved before commencement of pt 5 . . . . . . . . . . 43 62 Pools approved after the commencement of pt 5 . . . . . . . . . . . . . . . 44 63 Exemption for child resistant doors . . . . . . . . . . . . . . . . . . . . . . . . . . 44 64 Exemption for non-complying door or gate . . . . . . . . . . . . . . . . . . . . 45 65 Exemption for double doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 66 Exemption for access for persons with disabilities . . . . . . . . . . . . . . 47 67 Applications to private certifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 68 Local government to keep record of exemptions . . . . . . . . . . . . . . . 48 PART 6—TEMPORARY AND SPECIAL STRUCTURES 69 Temporary buildings or structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 70 Special structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 71 Additional conditions for hazardous buildings . . . . . . . . . . . . . . . . . . 49 PART 7—FLOATING BUILDINGS 72 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 73 Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 74 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 75 Flotation system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 76 Mooring piles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 77 Materials (generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 78 Materials (fastenings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 79 Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

5 Building Legislation Amendment (No. 1) No. 86, 1998 80 Safety equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 81 Minimum water depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 82 Balustrades and handrails . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 83 Non-slip surfaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 8—INSPECTIONS 84 Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 85 Mandatory conditions for inspection . . . . . . . . . . . . . . . . . . . . . . . . . 55 86 Carrying out of inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 87 Private certifier to give assessment manager copies of inspection documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 88 Inspections by building referral agencies . . . . . . . . . . . . . . . . . . . . . . 58 89 Building referral agency may appeal against advice. . . . . . . . . . . . . 59 90 Fire authority to inspect special fire services . . . . . . . . . . . . . . . . . . 59 91 Appeal against decisions by building certifiers and referral agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 PART 9—CERTIFICATES OF CLASSIFICATION 92 Meaning of “substantially completed” . . . . . . . . . . . . . . . . . . . . . . . 60 93 Classification as special structure . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 94 Doubtful classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 95 No occupation until certificate is issued . . . . . . . . . . . . . . . . . . . . . . 61 96 Use of government buildings in emergency . . . . . . . . . . . . . . . . . . . . 62 97 Occupation of a building for residential purposes . . . . . . . . . . . . . . . 62 98 Preparation of certificate of classification . . . . . . . . . . . . . . . . . . . . . 62 99 Interim certificate of classification of remote buildings . . . . . . . . . . 64 100 Certificates for a building occupied in stages . . . . . . . . . . . . . . . . . . 64 101 Certificate of classification for certain buildings built before 1 April 1976 with no previously issued certificate . . . . . . . . 64 102 Preparation of statement of classification . . . . . . . . . . . . . . . . . . . . . 65 103 Issue and inspection of certificates of classification . . . . . . . . . . . . 65 104 When building referral agencies and fire authority to be advised . . 65 105 Appeal against decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 PART 10—CHANGES OF CLASSIFICATION 106 When changes of classification happen . . . . . . . . . . . . . . . . . . . . . . . 66

6 Building Legislation Amendment (No. 1) No. 86, 1998 107 Change of classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 108 Buildings built on or after 1 April 1976 . . . . . . . . . . . . . . . . . . . . . . . 67 109 New certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 110 Concessional approval for some existing buildings . . . . . . . . . . . . . 68 PART 11—ACCREDITATION OF BUILDING CERTIFIERS Division 1—Accrediting body 111 Authorisation of accrediting bodies . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 2—Accreditation of building certifiers 112 Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 113 Accreditation of building certifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 114 Interim accreditation as building certifier . . . . . . . . . . . . . . . . . . . . . 70 Division 3—Renewal of accreditation of building certifiers 115 Notice for annual renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 116 Application for annual renewal of accreditation . . . . . . . . . . . . . . . . 71 117 Renewal of accreditation of building certifiers . . . . . . . . . . . . . . . . . 72 Division 4—Termination of accreditation of building certifiers 118 Automatic expiry on failure to apply for renewal . . . . . . . . . . . . . . . 72 119 Cancellation, or change of level, of accreditation or endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 5—Endorsement as private certifiers 120 Private certifier accreditation to be endorsed . . . . . . . . . . . . . . . . . . 73 Division 6—Appeals against accrediting body decisions 121 Appeal against accrediting body decisions . . . . . . . . . . . . . . . . . . . . 74 Division 7—Performance of building certifying functions 122 Local government appointment of building certifiers to perform building certifying functions . . . . . . . . . . . . . . . . . . . . . . . . . 74 123 Employment of cadet building certifier to assist building certifying functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 124 Role of building certifiers and cadet building certifiers . . . . . . . . . . 75 Division 8—Transitional provisions about local government officers 125 Automatic accreditation of local government building certifiers for 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 126 Qualifications of local government building certifiers . . . . . . . . . . . 76 127 Expiry of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

7 Building Legislation Amendment (No. 1) No. 86, 1998 PART 12—REGULATION OF CERTIFIERS 128 Certifiers not to be engaged if there is a conflict of interest . . . . . . 77 129 Liability insurance and insurance bonds for private certifiers . . . . . 78 PART 13—LOCAL GOVERNMENT FEES 130 Fixing fees by local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 SCHEDULE 1 FIRE SAFETY INSTALLATIONS SCHEDULE 2 SPECIAL FIRE SERVICES (GENERALLY) SCHEDULE 3 SPECIAL FIRE SERVICES (ASSESSMENT BY FIRE AUTHORITY) SCHEDULE 4 SPECIAL FIRE SERVICES (INSPECTION BY FIRE AUTHORITY) SCHEDULE 5 DEVELOPMENT SCHEDULE 6 BUILDING WORK REQUIRING LOCAL GOVERNMENT APPROVAL OR DECISION SCHEDULE 7 ELEMENTS OF QUEENSLAND RESIDENTIAL DESIGN GUIDELINES THAT LOCAL GOVERNMENTS MAY APPLY SCHEDULE 8 GUIDELINES FOR FINAL INSPECTION OF SINGLE DETACHED CLASS 1 BUILDINGS OR CLASS 10 BUILDINGS OR STRUCTURES SCHEDULE 9 MINIMUM SIDE AND REAR BOUNDARY CLEARANCES FOR NARROW ALLOTMENTS SCHEDULE 10 BOUNDARY CLEARANCES FOR FENCES, SCREENS ETC. ON CORNER ALLOTMENTS SCHEDULE 11 ROAD BOUNDARY CLEARANCES FOR BUILDINGS AND STRUCTURES ON CORNER ALLOTMENTS

8 Building Legislation Amendment (No. 1) No. 86, 1998 SCHEDULE 12 CORNER BOUNDARY CLEARANCES FOR CORNER ALLOTMENTS PART 3—AMENDMENT OF BUILDING REGULATION 1991 14 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 15 Omission of pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 16 Replacement of ss 2 to 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2 Application for variation of the Standard BuildingRegulation 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 3 Application and annual fee for accreditation as a building certifier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4 Fast track fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 17 Omission of s 6 (Declared land—Act, s 4(5)(a)(i)) . . . . . . . . . . . . . . . . . . 101 18 Amendment of schedule (Specified land) . . . . . . . . . . . . . . . . . . . . . . . . . . 101 19 Omission of sch 2 (Declared land for QGC) . . . . . . . . . . . . . . . . . . . . . . . . 101 PART 4—AMENDMENT OF INTEGRATED PLANNING REGULATION 1998 20 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 21 Renumbering of s 3 (Requirements for placing public notices on land—Act, s 3.4.4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 22 Insertion of new ss 3–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 3 Type of assessment for assessable development . . . . . . . . . . . . . . . 102 4 Referral agencies and jurisdiction—Act, s 3.1.8 . . . . . . . . . . . . . . . 102 5 Referral agency assessment period—Act, s 3.3.14 . . . . . . . . . . . . . 103 6 Tribunal appeal fees—Act, s 4.2.15 . . . . . . . . . . . . . . . . . . . . . . . . . 103 7 Fast track fee—Act, s 4.2.16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 8 Qualifications of referee—Act, s 4.2.37 . . . . . . . . . . . . . . . . . . . . . . 104 9 General manager of Queensland Building Services Authority may prosecute certain offences . . . . . . . . . . . . . . . . . . . . 104 10 Offence about acting as private certifier . . . . . . . . . . . . . . . . . . . . . 104 23 Insertion of new schs 1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 SCHEDULE 1 TYPE OF ASSESSMENT FOR ASSESSABLE DEVELOPMENT

9 Building Legislation Amendment (No. 1) No. 86, 1998 SCHEDULE 2 REFERRAL AGENCIES AND JURISDICTION SCHEDULE 3 REFERRAL AGENCY ASSESSMENT PERIODS PART 5—AMENDMENT OF QUEENSLAND BUILDING SERVICES AUTHORITY REGULATION 1992 24 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 25 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 26 Amendment of s 3A (Work excluded from the ambit of the definition “building work”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 27 Amendment of s 22 (Progress payments—Act, s 66) . . . . . . . . . . . . . . . . . 108 28 Amendment of s 23 (Insurance of building work—Act, s 68) . . . . . . . . . . 108 PART 6—AMENDMENT OF BUILDING FIRE SAFETY REGULATION 1991 29 Regulation amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 30 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 31 Amendment of s 23 (Applicants to pay fees) . . . . . . . . . . . . . . . . . . . . . . . 109 PART 7—CONSEQUENTIAL AMENDMENTS 32 Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 110 CONSEQUENTIAL AMENDMENTS CHILD CARE (CHILD CARE CENTRES) REGULATION 1991 . . . . . . 110 HEALTH (PRIVATE HOSPITALS) REGULATION 1978 . . . . . . . . . . . . 110

s 1 11 s 5 Building Legislation Amendment (No. 1) No. 86, 1998 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Building Legislation Amendment Regulation (No. 1) 1998 . ˙ Commencement 2.(1) Section 13, to the extent it inserts sections 111, 112, 113, 114, 120 and 129, commences on the day of notification of this regulation. (2) The remaining provisions commence on 30 April 1998. PART 2—AMENDMENT OF STANDARD BUILDING LAW ˙ Regulation amended 3. This part amends the Standard Building Law . ˙ Insertion of new pt 1, div 1 hdg 4. After heading ‘PART 1—PRELIMINARY’— insert— ‘ Division 1—Introduction ’. ˙ Amendment of s 1.1 (Short title) 5. Section 1.1, ‘Standard Building Law’— omit, insert— ‘ Standard Building Regulation 1993 ’.

s 6 12 s 7 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ Insertion of new ss 1.1A and 1.1B 6. After section 1.1— insert — ˙ ‘ Regulation a code for IDAS ‘ 1.1A. This regulation is a code for IDAS. 1 ˙ ‘ No changes by local planning instruments or local laws ‘ 1.1B. For IPA, section 3.1.3(4), this regulation (other than part 3) is a code that can not be changed under a local planning instrument or a local law. 2 ’. ˙ Replacement of s 1.2 (Exclusion of certain building work) 7. Section 1.2— omit, insert— ˙ ‘ Most building work assessable against regulation ‘ 1.2.(1) Subject to subsections (2) and (3), the carrying out of all building work is assessable against this regulation. ‘ (2) For IPA, schedule 8, part 2, item 7, the development set out in schedule 5, part 1 of this regulation is self-assessable development unless the development is building work in— (a) the wet tropics area under the WetTropicsWorldHeritageProtection and Management Act 1993 ; or (b) a designated landscape area under the CulturalRecord(Landscapes Queensland and Queensland Estate) Act 1987 ; or (c) a registered place under the Queensland Heritage Act 1992 . ‘ (3) For IPA, schedule 8, part 3, item 11, the development set out in 1 See IPA, schedule 10 (definitions), definition of “code”. 2 Under IPA, section 3.1.3(5), to the extent a local planning instrument or local law is inconsistent with the scope of this regulation, the instrument or local law is of no effect.

s 8 13 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 schedule 5, part 2 of this regulation is exempt development unless the development is building work in— (a) the wet tropics area under the WetTropicsWorldHeritageProtection and Management Act 1993 ; or (b) a designated landscape area under the CulturalRecord(Landscapes Queensland and Queensland Estate) Act 1987 ; or (c) a registered place under the Queensland Heritage Act 1992 .’. ˙ Replacement of heading 8. Heading ‘Interpretation’ after section 1.2— omit, insert— ‘ Division 2—Interpretation ’. ˙ Replacement of s 1.3 (Definitions) 9. Section 1.3— omit, insert— ˙ ‘ Definitions ‘ 1.3. In this regulation— “allotment” means a separate, distinct parcel of land on which a building is to be built, or is built. “approved” , in relation to building work, means approved by the assessment manager, or a private certifier, under this regulation. “AS” means Australian Standard published by Standards Australia. “assessment manager” , for a development application to which this regulation applies, means the person who would have been the assessment manager if a private certifier had not been engaged for the development. “BCA” means the Building Code of Australia. “BSAP” means the Building Surveyors and Allied Professions

s 9 14 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 Accreditation Board Incorporated. “building certifier” , except for parts 11 and 12, means— (a) if a private certifier approved building work—the private certifier for the building work; or (b) if the assessment manager approved building work—the assessment manager’s building certifier for the building work. “building certifying functions” means the following functions or powers that under this regulation are to be performed or exercised by a building certifier— (a) assessing and deciding development applications; (b) inspecting or accepting certification on the building or demolishing of buildings and structures for compliance with the Act; (c) issuing certificates or statements of classification. “building referral agency” means a referral agency under IPA for aspects of the building work assessed against this regulation. “certificate of classification” , other than in sections 99 and 101, includes an interim certificate of classification prepared under section 99. “certified information” means the technical details, particular plans, drawings or specifications given and certified by a competent person. “class” , for a building, means its classification under BCA. “competent person” , in relation to building work, means a person who— (a) in the opinion of the building certifier is competent to practise in the aspect of the design, building or inspection of the building work because of skill and experience in the aspect; and (b) if required by law to be registered or licensed under a law applying in Queensland to practise in the aspect, is registered or licensed. “CSIRO” means the Commonwealth Scientific and Industrial Research Organization. “development application” means the aspect of a development application

s 9 15 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 for building work under IPA requiring assessment against this regulation. 3 “development approval” has the meaning given under IPA. 4 “exempt development” , for building work specified in schedule 5, part 2, has the meaning given under IPA. 5 “fire authority” means the chief commissioner of the Queensland Fire and Rescue Authority under the Fire and Rescue Authority Act 1990 . “fire safety installation” , for a building or structure, means any of the items mentioned in schedule 1. “floor area” , for a single detached class 1 building, means the gross area of all floors in the building measured over the enclosing walls other than the area of a verandah, roofed terrace, patio, garage or carport in or attached to the building. “IDAS” has the meaning given by IPA. 6 “IPA” means the Integrated Planning Act 1997 . 3 Under IPA, schedule 10 (dictionary)— “development application” means an application for a development approval. 4 Under IPA, schedule 10 (dictionary)— “development approval” means a decision notice or a negotiated decision notice that— (a) approves, wholly or partially, development applied for in a development application (whether or not the approval has conditions attached to it); and (b) is in the form of a preliminary approval, a development permit or an approval combining both a preliminary approval and a development permit in the one approval. 5 Under IPA, schedule 10 (dictionary)— “exempt development” is development other than assessable or self-assessable development. 6 Under IPA, section 3.1.1— “IDAS” is the system detailed in IPA, chapter 3 for integrating State and local government assessment and approval processes for development.

s 9 16 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 “local planning instrument” has the meaning given under IPA. 7 “mean height” , of a building or structure, means the height worked out by dividing— (a) the total elevational area of the building or structure facing the boundary; by (b) the horizontal length of the building or structure facing the boundary. “natural ground surface” , for an allotment, means— (a) the ground level of the allotment on the day the first plan of survey showing the allotment was registered; or (b) if the ground level on the day mentioned in paragraph (a) is not known, the natural ground surface decided by the building certifier. “outermost projection” , of a building or structure, means the outermost projection of a structural part of the building or structure including— (a) if the projection is a roof and there is a fascia—the outside face of the fascia; or (b) if the projection is a roof and there is no fascia—the roof structure; but does not include rainwater fittings or ornamental or architectural attachments. “planning scheme” has the meaning given under IPA. 8 “pool enclosure” means the area around the pool within the fencing required under the Act. 9 “prescribed qualifications” , for different levels of accreditation as a 7 Under IPA, schedule 10 (dictionary)— “local planning instrument” means a planning scheme, temporary local planning instrument or planning scheme policy. 8 Under IPA, section 2.1.1— A “planning scheme” is an instrument made by a local government under division 3. 9 See section 30H of the Act.

s 9 17 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 building certifier, means— (a) the current education and experience accreditation issued by BSAP for the following levels of building certifier accreditation— (i) a building surveyor; (ii) an assistant building surveyor; (iii) a building surveying technician; or (b) any other education and experience accreditation that BSAP considers is equal to education and experience accreditation issued by BSAP. “Queensland Residential Design Guidelines” means the document called the ‘Queensland Residential Design Guidelines’ published by the department. 10 “road” means— (a) an area of land dedicated to public use as a road; or (b) an area open to, or used by, the public and developed for, or has, as 1 of its main uses, the driving or riding of motor vehicles; but does not include a pedestrian or bicycle path. “road boundary clearance” , for a building or structure on an allotment, means the shortest distance measured horizontally from the outermost projection of the building or structure to the vertical projection of the boundary of the allotment adjacent to a road. “self-assessable development” , for building work specified in schedule 5, part 1, has the meaning given under IPA. 11 “side and rear boundary clearance” , for a building or structure on an 10 Copies of the Queensland Residential Design Guidelines may be inspected at the State office of the Department of Local Government and Planning, level 11, 111 George Street, Brisbane. 11 Under IPA, schedule 10 (dictionary)— “self-assessable development” means— (a) development specified in schedule 8, part 2; or (b) for a planning scheme area—development that is not specified in schedule 8, part 2 but is declared under the planning scheme for the area to be self-assessable development.

s 9 18 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 allotment, means the shortest distance measured horizontally from the outermost projection of the building or structure to the vertical projection of the boundary of the allotment but does not include a road boundary clearance. “special fire service” means— (a) for a building—an item mentioned in schedule 2; 12 or (b) for matters the fire authority must assess—an item mentioned in schedule 3; 13 or (c) for matters the fire authority must inspect—an item mentioned in schedule 4. 14 “special structure” means a structure that can not be classified under BCA, part A3. ˙ ‘ Meaning of “available for inspection” ‘ 1.3A.(1) A document mentioned in this regulation as being available for inspection is “available for inspection” if the document, or a certified copy of the document, is— (a) for a document the local government must keep available for inspection—held in an office of the local government and any other place decided by the local government; and (b) for a document the assessment manager must keep available for inspection—held in the assessment manager’s office and any other place decided by the assessment manager. ‘ (2) The document may be kept in its original form or stored in some electronic or other form or in a retrieval system by which an accurate representation of the document may readily be accessed. ‘ (3) If a person is authorised under this regulation to inspect the 12 Schedule 2 (Special fire services (generally)) 13 Schedule 3 (Special fire services (assessment by fire authority)). The fire authority is an advice agency for IPA, chapter 3 (Integrated Development Assessment Systems (IDAS)), part 3 (Information and referral stage). See the Integrated Planning Regulation 1998 , schedule 2. 14 Schedule 4 (Special fire services (inspection by fire authority))

s 9 19 s 9 Building Legislation Amendment (No. 1) No. 86, 1998 document, the person may, at any time when the office in which the document is held is open for business— (a) inspect the document or, if the document is stored in a form other than its original form, the accurate representation of the document; and (b) make copies of, or take extracts from, the document or its representation. ‘ (4) The following persons are authorised to inspect the document or its representation— (a) if this regulation specifies a description of person who may inspect the document—the person and the person’s agents; (b) if this regulation does not specify a description of person who may inspect the document—all persons. ‘ (5) The local government or assessment manager may, if asked by a person authorised to inspect the document, give a copy of the document or part of it to the person. ‘ (6) The local government or assessment manager may charge a reasonable fee for either or both of the following— (a) making the document available for inspection; (b) making and giving the person the copy. ˙ ‘ References to proposed buildings or structures ‘ 1.3B. In this regulation— (a) a reference to a building or structure includes a reference to a proposed building or structure; and (b) a reference to the owner of a building or structure is a reference to the person who, if the proposed building or structure were completed, would be its owner; and (c) a reference to a structural member of certain materials is a reference to a proposed structural member that, if erected as proposed, would be of the materials; and (d) a reference to the purpose of a building or structure is a reference

s 10 20 s 11 Building Legislation Amendment (No. 1) No. 86, 1998 to the purpose for which the proposed building or structure is to be used on completion.’. ˙ Replacement of heading (Building Code of Australia requirements) 10. Heading after section 1.3B (as inserted by this regulation)— omit, insert— ‘ Division 3—BCA ’. ˙ Replacement of s 1.4 (Code part of Law) 11. Section 1.4— omit, insert — ˙ ‘ BCA forms part of regulation ‘ 1.4. BCA forms part of and is to be read as one with this regulation. ˙ ‘ Proof of BCA ‘ 1.4A.(1) The production in any proceedings of a document purporting to be a copy of BCA published by the Australian Building Codes Board is evidence of the code. ‘ (2) The production in any proceedings of a certificate purporting to be signed by the chief executive of the department or by the mayor, chief executive officer or other duly authorised officer of an assessment manager or accrediting body and stating that a particular edition of BCA was the current edition at a specified time or during a specified period is evidence of the certificate’s contents. ˙ ‘ Relationship between BCA and Australian Standards ‘ 1.4B. For any subject matter dealt with in BCA, any provision of an Australian Standard that also deals with the subject matter applies only so far as it is expressly adopted by BCA.’.

s 12 21 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ Numbering and renumbering of regulation 12. Sections 1.1, 1.1A, 1.1B, 1.2, 1.3, 1.3A, 1.3B,1.4, 1.4A and 1.4B— renumber as sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. ˙ Replacement of remaining provisions 13. Section 1.5 to the end of the regulation— omit, insert — ‘ PART 2—ASSESSMENT OF DEVELOPMENT APPLICATIONS ‘ Division 1—General ˙ ‘ Building certifiers to assess applications ‘ 11.(1) Each development application must be assessed by a building certifier for compliance with— (a) this regulation; and (b) to the extent a local law existing at the commencement of this section or a local planning instrument may change this regulation—the local law or local planning instrument. 15 ‘ (2) If the application is made to the assessment manager, the assessment manager in deciding the application must base the decision on the building certifier’s assessment. 16 ‘ (3) Subsection (1)(b) does not apply to the extent the application has already been assessed for compliance with the local law or local planning instrument. 15 See for example section 45. 16 If a private certifier acting as an assessment manager decides the application, see the Building Act 1975 , section 63F.

s 13 22 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Building certifier’s discretion ‘12.(1) This section applies if— (a) BCA permits a discretionary decision (by, for example, using the word ‘suitable’ or ‘adequate’) about any material, system, method of building or other thing whatever; and (b) under a development application a person proposes to use the material, system, method of building or other thing whatever. ‘ (2) If this section applies, the building certifier— (a) must, in assessing the application, decide whether the material, system, method of building or other thing complies with BCA, including whether— (i) the parts of the building work, to which the performance provisions of BCA apply, comply with the provisions or the provisions as varied by the chief executive; 17 or (ii) the parts of the building work, to which the deemed to satisfy provisions of BCA apply, comply with the provisions; and (b) must not decide the application against the objectives or functional statements of BCA; and (c) may refer to the objectives and functional statements of BCA to assist the building certifier in interpreting the performance requirements of BCA. ˙ ‘ Certificate of conformity ‘ 13.(1) If there is a current recognised certificate about the properties and performance of a material, system, method of building or other thing whatever, the material, system, method of building or other thing fulfils the requirements of BCA to the extent specified in the certificate. 17 Under the Building Act 1975 , sections 7 and 8, the chief executive may vary the application of the Standard Building Regulation 1993 .

s 13 23 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (2) In subsection (1)— “recognisedcertificate” means a certificate of conformity or certificate of accreditation issued by the Australian Building Codes Board. ˙ ‘ Application to build swimming pool must include fencing ‘ 14. A development application for an outdoor swimming pool must relate also to the swimming pool fencing. ‘ Division 2—Alterations to existing buildings or structures ˙ ‘ Application of div 2 ‘ 15. This division applies— (a) if alterations are proposed for an existing building or structure; and (b) despite any other provision of this regulation applying to building work. ˙ ‘ Certain alterations not permissible ‘ 16. If this division applies, the proposed alterations must not unduly reduce the following— (a) the existing level of fire protection for persons accommodated in, or using, the building or structure; (b) the existing level of resistance to fire of the building or structure; (c) the existing safeguards against spread of fire to adjoining buildings or structures; (d) the existing level of emergency egress from the building or structure. ˙ ‘ Development approval may require entire building or structure to conform ‘ 17. If this division applies, a development approval may require that a

s 13 24 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 part of a building or structure, or the entire building or structure, conform with all or part of this regulation as though the building or structure were a new building or structure if— (a) the proposed alterations, together with any previous structural alterations completed or approved within the previous 3 years, represent more than half the total volume of the original building, measured over the roof and the external walls; or (b) the safety of persons accommodated in or using the building or structure, or the risk of the spread of fire to adjoining buildings or structures, warrants the requirement. ˙ ‘ Alterations associated with a change of classification ‘ 18. If this division applies and the alterations relate to a change of classification from a class to another class, part 10 18 also applies. ‘ Division 3—Advices from local government ˙ ‘ Public access to development information ‘ 19.(1) To assist in the making and assessing of development applications, a local government must keep available for inspection the original or a copy of all documents it has about— (a) the physical characteristics and location of infrastructure; and (b) local government easements, encumbrances or estates or interests in land likely to be relevant to development applications; and (c) site characteristic information likely to affect the assessment of a development application. Examples of information mentioned in subsection (1)(c)— 1. Location of mine subsidence areas. 2. Location of land-slip areas. 3. Location of contaminated land. 18 Part 10 (Changes of classification)

s 13 25 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 4. Details of any heritage listed buildings. 5. Location of any erosion control districts. 6. Flood level information. 7. Design or location of vehicle crossings. 8. Design or location of stormwater connections. 9. Discharge of swimming pool backwash water. 10. Limitations on the capacity of sewerage, stormwater and water supply services. 11. Limitations on driveway gradients. 12. Design levels of proposed road or footway works. (2) For the purposes of purchasing a copy of a document, subsection (1)(b) does not apply to a document that may be purchased from the registrar of titles. ˙ ‘ Local government must consider certain matters ‘ 20.(1) This section applies if— (a) a development application involves a matter mentioned in schedule 6; 19 and (b) the local government is the assessment manager; and (c) the application is made to a private certifier. ‘ (2) If the local government is asked to consider a matter mentioned in schedule 6, the local government must give written advice on the request to the private certifier and the applicant within— (a) for building work in relation to a single detached class 1 building or class 10 building or structure only—5 business days after receiving the request; or (b) for other building work—15 business days after receiving the request. ‘ (3) The private certifier must not decide the application unless the local government has given written advice on the matter. 19 Schedule 6 (Building work that requires local government approval or decision)

s 13 26 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (4) If the local government has not given the advice to the private certifier and the applicant within the time mentioned in subsection (2), the private certifier may act as if the local government had advised the application is unsatisfactory in relation to the matter. ‘ (5) However, if the local government gives the advice after the time mentioned in subsection (2) but before the private certifier acts under subsection (4), the private certifier may not act as if the local government had advised the application is unsatisfactory in relation to the matter. ‘ (6) Subject to section 21, the building certifier must accept the advice and act on it. ˙ ‘ Appeals from local government ‘ 21.(1) This section applies to advice given under section 20. ‘ (2) If the applicant is dissatisfied with the advice, the applicant (the “appellant” ) may appeal to a tribunal. ‘ (3) An appeal must be started within— (a) 20 business days after the advice is given to the applicant; or (b) 20 business days after the decision on the development application is made. ‘ (4) If an appeal is started under subsection (3)(a), the appellant must advise the private certifier the appeal has been started. ‘ (5) If a private certifier has received advice that an appeal has been started under subsection (3)(a), the private certifier must not decide the application until the appeal is decided or withdrawn. ‘ Division 4—Drawings and certificates ˙ ‘ Engineering drawings required for certain developments ‘ 22.(1) This section applies if, in relation to a development application, engineer’s drawings or other engineering details are required. ‘ (2) If the drawings or details are not included with the application, the application must not be approved unless the approval is subject to the

s 13 27 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 condition that— (a) work on the footings must not start until the drawings and details for the footings have been approved; and (b) a stage of the building work must not be started until the drawings and details for the stage have been approved. ˙ ‘ Optional acceptability of certificates ‘ 23.(1) A competent person may certify that a material, system, method of building or other thing whatever to which certified information relates will, if installed or carried out in accordance with the certified information, comply with this regulation. ‘ (2) Subject to compliance with section 86(5), 20 a competent person may certify that a component of building work has been built in accordance with a development approval and complies with this regulation. ‘ (3) An assessment manager or building certifier may accept in good faith and, without further checking, rely on the certification given that the building work complies with this regulation to the extent compliance is certified. ‘ (4) The competent person must set out in detail in the certification— (a) the basis for giving the certificate; and (b) the extent to which the person has relied on tests, specifications, rules, standards, codes of practice or other publications. ‘ (5) If the certificate is given in the approved form, the form of the certificate must be accepted by a building certifier. ˙ ‘ Signature of competent persons on documents ‘ 24.(1) This section applies to certified information given as part of a development application. ‘ (2) The name and signature of the competent person giving the certified information must be on the certified information. 20 Section 86 (Carrying out of inspections)

s 13 28 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (3) If the certified information is prepared on behalf of a corporation or firm, the name of the corporation or firm must also be on the certified information. ‘ (4) The certificate supporting the certified information must be personally signed by the competent person. 21 ˙ ‘ Assessment manager must accept certificate of private certifier ‘ 25.(1) This section applies to a certificate or notice a private certifier is authorised to give to an assessment manager under IPA or the Building Act1975 (including this regulation). ‘ (2) If an assessment manager is given a certificate or notice by a private certifier, the assessment manager must— (a) accept the certificate or notice in good faith; and (b) without further checking, rely and act on the certificate or notice. ‘ Division 5—Giving, accessing and keeping information ˙ ‘ Information private certifier must give to assessment manager ‘ 26.(1) The following documents are prescribed for IPA, section 5.3.5(6)(c)— 22 (a) a copy of the plans, drawings, specifications and other documents and information lodged by the applicant, stamped approved or otherwise endorsed by the building certifier; (b) a list of required fire safety installations and required special fire services applying to the building work; (c) copies of certified information given by competent persons and relied on by the private certifier; 21 That is, the signature on the certificate must not be in the form of a stamp or a copy of an original signature. 22 IPA, section 5.3.5 also requires a copy of the application and decision notice to be given to the assessment manager.

s 13 29 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (d) a copy of the private certifier’s accreditation as a private certifier; (e) if the approval is based on the performance provisions of BCA, section 13 or 14 of the Actor section 16 or 17 of this regulation—a list of the reasons for giving the approval sufficient to respond to a request for reasons for giving the approval under the Judicial Review Act 1991 . ‘ (2) If the assessment manager agrees, the documents to be given to the assessment manager under IPA, section 5.3.5(6) may be sent electronically. ‘ (3) For IPA, section 5.3.17, a private certifier must keep a copy of all documents given to the assessment manager under IPA, section 5.3.5(6) for 2 years after completion of the building work. ˙ ‘ Applicant to be given a copy of any drawings ‘ 27. If a development application is approved, the person approving the application must return to the applicant a set of the approved drawings. ˙ ‘ Assessment manager must keep drawings and documents ‘ 28.(1) For development applications for class 2 to 9 buildings the assessment manager must keep the following documents until the building is demolished or removed— (a) if the assessment manager approved the application— (i) a copy of the application; 23 and (ii) a copy of the plans, drawings, specifications and other documents and information lodged by the applicant, stamped approved or otherwise endorsed by the assessment manager; and (iii) a list of required fire safety installations and required special fire services applying to the building work; and (iv) copies of certified information given by competent persons and relied on by the assessment manager; and 23 Under IPA, section 5.7.4 the assessment manager is required to also keep a copy of the development approval.

s 13 30 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (v) if the approval is based on the performance provisions of BCA, section 13 or 14 of the Act or section 16 or 17 of this regulation—a list of the reasons for giving the approval sufficient to respond to a request for reasons for giving the approval under the Judicial Review Act 1991 ; (b) if the application was approved by a private certifier—the documents given to the assessment manager under IPA, section 5.3.5(6). ‘ (2) For development applications for a class 1 or class 10 building or structure, or for a special structure, the assessment manager must keep the documents mentioned in subsection (1)(a) and (b) for at least 10 years or until the building or structure is earlier demolished or removed. ‘ (3) All documents kept by the assessment manager under subsections (1) and (2) must be available for inspection by— (a) the owner of the building or structure; and (b) a person authorised in writing by the owner; and (c) a person authorised by the fire authority; and (d) a private certifier engaged to carry out building certifying functions concerning the premises to which the documents relate; and (e) a member of a tribunal; and (f) a person performing audits of accreditations under the Act; and (g) with the consent of the local government, another person. ‘ Division 6—Permit conditions ˙ ‘ Requirement for survey certificates ‘ 29.(1) A building certifier may, before assessing a development application, require an identification survey showing— (a) the boundaries of the allotment on which the building work is proposed; and (b) the location of any proposed or existing buildings or structures on

s 13 31 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 the allotment. ‘ (2) A development approval may be subject to a condition that an identification survey be given to the building certifier showing— (a) the boundaries of the allotment; and (b) the actual situation of the building or structure on the allotment. ‘ (3) A survey under subsection (2) must be given as soon as the actual location of the building or structure on the allotment can be established or at a later time the building certifier allows. ˙ ‘ When demolition, removal and rebuilding starts and finishes ‘ 30.(1) This section applies only to a development application relating to— (a) the demolition of a building or structure; or (b) the removal of a building or structure; or (c) the rebuilding after removal, of a building or structure. ‘ (2) The approval of the application must impose a condition that the building work be— (a) started within 2 months of the approval; and (b) completed within 6 months after the giving of the approval. ˙ ‘ Extension of period ‘ 31.(1) If a private certifier, acting as an assessment manager, approves a development application, the private certifier may extend the period within which the building work is required to start or finish. 24 ‘ (2) However, if subsection (1) has been applied to a development approval, the private certifier may further extend the period only after consulting the local government about the proposed extension. 24 In IPA, this period is called the “currency period”.

s 13 32 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Mandatory conditions for class 2–9 buildings ‘ 32. The applicant for a development approval for a class 2 to 9 building must ensure that 1 legible set of the current drawings for the development is available for inspection on the building site while the building work is in progress. ‘ Division 7—Miscellaneous ˙ ‘ Information to be given by the State to local government ‘ 33.(1) The information prescribed for section 64B of the Act is— (a) a 1:100 scale drawing of the building or structure showing floor plans and elevations; and (b) a site plan of a scale enabling the local government to provide water supply, sewerage and stormwater drainage for the land on which the building work is to be carried out. ‘ (2) However, if the Minister responsible for the building work to which this section applies considers the giving of the information mentioned in subsection (1)(a) is not in the public interest, subsection (1)(a) does not apply. ‘ PART 3—SITING REQUIREMENTS ‘ Division 1—Application of part 3 ˙ ‘ Application of pt 3 ‘ 34. Subject to division 4, this part applies to— (a) single detached class 1 buildings; and (b) class 10 buildings and structures located on the same allotment as a single detached class 1 building.

s 13 33 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Local government resolution ‘ 35. A local government may, by resolution, require that the following buildings comply with some or all of the provisions of this part— (a) class 1 buildings (other than those specified in section 34(a)); (b) class 2, 3 and 4 buildings; (c) class 10 buildings and structures located on the same allotment as a building specified in paragraph (a) or (b). ‘ Division 2—Boundary clearances ˙ ‘ Road boundary clearance ‘ 36. All buildings and structures to which this part applies must have at least a 6 m road boundary clearance. ˙ ‘ Concession for open carport ‘ 37. Despite section 36, an open carport may have less than a 6 m road boundary clearance if— (a) the total width of the open carport supports located within the 6 m clearance does not exceed 10% of the perimeter of the portion of the open carport located within the 6 m clearance; and (b) it is necessary or expedient to build the open carport in that location. ˙ ‘ Side and rear boundary clearances generally ‘ 38. If the maximum height of the outermost projection above the natural ground surface is— (a) 4.5 m or less, the side and rear boundary clearances must be not less than 1.5 m; or (b) greater than 4.5 m but not exceeding 7.5 m, the side and rear boundary clearances must be not less than 2 m; or (c) greater than 7.5 m, the side and rear boundary clearances must be

s 13 34 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 not less than 2 m plus 0.5 m for every 3 m or part of 3 m by which the height exceeds 7.5 m. ˙ ‘ Stepped design ‘ 39. If a building is built so that its height is stepped, the side and rear boundary clearances, measured to the outermost projections of each step of the building must comply with section 38 as if each step of the building were a separate building. ˙ ‘ Concession for narrow allotments ‘ 40. If an allotment is rectangular or near rectangular in shape and has a frontage to a road of 15.5 m or less, the side and rear boundary clearances must be not less than— (a) for a building or structure more than 7.5 m high—in accordance with section 38(c); or (b) if paragraph (a) does not apply—in accordance with schedule 9. 25 ˙ ‘ Concession for class 10a buildings ‘ 41. A class 10a building may be built within the side and rear boundary clearances mentioned in sections 38 to 40 if— (a) adequate precautions have been taken to avoid the discharge of rainwater onto any adjoining allotment; and (b) the class 10a building has a height of not more than 4.5 m and a mean height of not more than 3.5 m, both measured above the natural ground surface; and (c) the total length of all elevations of all buildings facing and within the boundary clearance to any 1 boundary does not exceed 9 m; and (d) the class 10a building is at least 1.5 m from every required window of any habitable room in an existing building on an adjoining allotment. 25 Schedule 9 (Minimum side and rear boundary clearances for narrow allotments)

s 13 35 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Concession for fences, screens and ornamental or horticultural structures ‘ 42. Subject to section 47, the following may be built within the boundary clearances mentioned in sections 36 to 40— (a) a screen or fence of not more than 2 m in height above the level of the natural ground surface; (b) a structure which is not part of a building and which is not more than 1 m above the level of the natural ground surface; (c) a pergola or other structure, if the pergola or other structure is— (i) not enclosed or roofed; and (ii) not higher than 2.4 m above the level of the natural ground surface measured at the boundary; and (iii) primarily ornamental or for horticultural purposes; and (iv) not located within the road boundary clearances mentioned in section 36. ˙ ‘ Allotment coverage ‘ 43.(1) The maximum area covered by all buildings and roofed structures including garages and outbuildings must not exceed 50% of the total area of an allotment. ‘ (2) Measurements must be taken— (a) for enclosed spaces—to the outside face of external walls; and (b) for unenclosed spaces—along a line 600 mm in from the external perimeter of the roof. ˙ ‘ Basic minimum floor area of a class 1 building ‘ 44. A local law existing at the commencement of this section or local planning instrument may require a single detached class 1 building to have a minimum floor area of not less than 60 m 2 if the local government considers the circumstances warrant it.

s 13 36 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ Division 3—Application of alternative siting requirements ˙ ‘ Local government may prescribe alternative siting requirements ‘ 45.(1) This section applies if— (a) a local law existing at the commencement of this section or a local planning instrument or prescribes siting requirements (the “alternative siting provisions” ) for single detached class 1 buildings or class 10 buildings or structures; or (b) a local government, by resolution, applies the provisions of the Queensland Residential Design Guidelines mentioned in schedule 7 26 (also “alternative siting provisions” ) to any part of its area identified in the resolution. ‘ (2) If the alternative siting provisions conflict with divisions 1 to 2 (the “conflicting provisions” ), the alternative siting provisions apply in place of the conflicting provisions to the extent of the conflict. 27 ‘ (3) The local government must keep available for inspection— (a) a map identifying the parts of its area to which resolutions mentioned in subsection (1)(b) apply; and (b) a register of the resolutions. ˙ ‘ Local government to assess compliance with performance provisions ‘ 46.(1) This section applies if— (a) a development application to which section 45 applies is made to a private certifier; and (b) the application does not comply with— (i) the prescriptive siting requirements of a local law existing at the commencement of this section or a local planning instrument; or 26 Schedule 7 (Elements of Queensland Residential Design Guidelines that local governments may apply) 27 This section is a section to which section 3 applies.

s 13 37 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (ii) the acceptable solutions mentioned in the Queensland Residential Design Guidelines; and (c) the applicant applies for assessment of the building work against— (i) any performance provisions in the local law existing at the commencement of this section or the local planning instrument; or (ii) the performance criteria mentioned in the guidelines; and (d) the building work to be assessed has not already been assessed for compliance with the local law or local planning instrument. ‘ (2) The private certifier must not approve the application unless advice has been obtained under section 20 about whether the application complies with— (a) any performance provisions in the local law existing at the commencement of this section or the local planning instrument; or (b) the performance criteria mentioned in the guidelines. ‘ (3) Subject to section 21, the private certifier must accept the advice and act on it. ˙ ‘ Special requirements for corner allotments ‘ 47.(1) Fences, screens, ornamental structures and similar things in any corner of an allotment that is bounded by 2 road boundaries and a 6 m x 6 m 3 equal chord truncation (as shown in schedule 10 28 ) must not, without the approval of the local government, be higher than 1 m above the level of the natural ground surface. ‘ (2) A building or structure on a corner allotment must be constructed in accordance with the distances stated in division 2. ‘ (3) However— (a) if the average depth of the allotment measured at right angles to any alignment is not greater than 24 m, the distances may be 28 Schedule 10 (Boundary clearances for fences, screens etc. on corner allotments)

s 13 38 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 reduced, in accordance with the scale shown in schedule 11, 29 for 1 road frontage nominated by the local government; but (b) a building or structure higher than 2 m above the level of the natural ground surface must not be erected in the corner of the allotment bounded by 2 road boundaries and a 12 m x 12 m truncation (as shown in schedule 12 30 ). ˙ ‘ Local government may vary application of div 2 ‘ 48.(1) This section applies if— (a) a development application for an allotment does not comply with division 2; and (b) the applicant seeks to vary the application of division 2. ‘ (2) After considering the matters mentioned in subsection (3) and being satisfied of the matters mentioned in subsection (4), the local government may vary how division 2 applies to the application. ‘ (3) The local government must consider the following— (a) the levels, depth, shape or conditions of the allotment and adjoining allotments; (b) the nature of any proposed building or structure on the allotment; (c) the nature of any existing or proposed buildings or structures on adjoining allotments; (d) whether the allotment is a corner allotment; (e) whether the allotment has 2 road frontages; (f) any other matter it considers relevant. ‘ (4) The local government must be satisfied that a building or structure, built on the allotment in the way proposed, would not unduly— (a) obstruct the natural light or ventilation of an adjoining allotment; or 29 Schedule 11 (Road boundary clearances for buildings and structures on corner allotments) 30 Schedule 12 (Corner boundary clearances for corner allotments)

s 13 39 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (b) interfere with the privacy of an adjoining allotment; or (c) restrict the areas of the allotment suitable for landscaping; or (d) obstruct the outlook from adjoining allotments; or (e) overcrowd the allotment; or (f) restrict off-street parking for the allotment; or (g) obstruct access for normal building maintenance. ˙ ‘ Request to local government to vary siting requirements under pt 3 ‘ 49.(1) This section applies if a development application made to a private certifier includes plans for— (a) fences, screens, ornamental structures or similar things on an allotment higher than the height permitted under section 47(1); or (b) a building or structure for which the distance from 1 road frontage is to be reduced in accordance with section 47(2); or (c) a building or structure that is not sited in accordance with division 2 and the applicant seeks to vary the application of division 2. ‘ (2) The private certifier must not approve the application unless advice has been obtained under section 20— (a) approving the increased height; or (b) nominating a road frontage; or (c) approving the siting under section 48. ‘ (3) Subject to section 21, the private certifier must accept the advice and act on it. ‘ Division 4—Amenity and aesthetics ˙ ‘ Local government declaration about amenity and aesthetics on methods of building and locality ‘ 50.(1) A local government, by resolution, may declare, for single

s 13 40 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 detached class 1 buildings or class 10a buildings, forms of buildings and localities the local government considers may have an extremely adverse effect on the amenity or likely amenity of a locality or which may be in extreme conflict with the character of a locality. ‘ (2) Development applications for forms of buildings or in localities mentioned in subsection (1) must be assessed by the local government for the amenity and aesthetic impact of the proposed building work. ‘ (3) The local government may refuse an application to which subsection (2) applies only if— (a) the building, when built, will have an extremely adverse effect on the amenity or likely amenity of the building’s neighbourhood; or (b) the aesthetics of the building, when built, will be in extreme conflict with the character of the building’s neighbourhood. ˙ ‘ Request to local government about amenity and aesthetics ‘ 51.(1) This section applies to a development application made to a private certifier that must be assessed under section 50. ‘ (2) The private certifier must not approve the application unless advice has been given in accordance with section 20 regarding the amenity and aesthetic impact of the proposed building work. ‘ (3) Despite section 20(4), if the advice was not given to the private certifier and the applicant within the time mentioned in section 20(2)(a), the advice is taken to have been that— (a) the building, when built, will not have an extremely adverse effect on the amenity or likely amenity of the building’s neighbourhood; and (b) the aesthetics of the building, when built, will not be in extreme conflict with the character of the building’s neighbourhood. ‘ (4) Subject to section 21, the private certifier must accept the advice and act on it.

s 13 41 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ PART 4—SITE WORKS ˙ ‘ Earthworks and retaining walls ‘ 52. If soil conditions, ground levels, excavation or filling make it necessary to protect land, buildings and structures in the neighbourhood of proposed building work— (a) retaining walls must be built or other suitable methods used for preventing the movement of the soil; and (b) drainage of the building or land must be provided. ˙ ‘ Land liable to flooding ‘ 53.(1) A local government, by resolution, may declare— (a) land to be liable to flooding (including by tidal surge or sewerage discharge); and (b) the level to which the floor levels of habitable rooms must be built. ‘ (2) The local government must— (a) keep a register of the resolutions and the information supporting the resolution; and (b) keep the resolutions available for inspection. ˙ ‘ Drainage of buildings or land ‘ 54. If a building or land is to be drained provision must be made to protect land, buildings and structures in the neighbourhood. ˙ ‘ Bush fire prone areas ‘ 55.(1) A local government may, in a local planning instrument, designate all or part of its area as a designated bush fire prone area for BCA. ‘ (2) The local government must ensure the local government’s planning scheme maps show the designated bush fire prone areas.

s 13 42 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (3) A development approval for building work in a designated bush fire prone area must comply with the bushfire protection provisions of BCA. ‘ (4) Subsections (5) and (6) apply if it is not practicable for the local government to show the designated bush fire prone areas in its planning scheme maps. ‘ (5) The local government must— (a) prepare maps showing all designated bush fire prone areas in its area; and (b) keep the maps updated to show all its current designated bush fire prone areas; and (c) keep the maps available for inspection. ‘ (6) The maps must state when each designation was made. ˙ ‘ Building work over sewer or water main ‘ 56.(1) This section applies if a development application made to a private certifier proposes building work over or adjacent to a sewer or water main. ‘ (2) The private certifier must not approve the application unless the local government has granted the necessary approvals under the Standard Sewerage Law or Standard Water Supply Law. ‘ (3) For subsection (1), building work is over or adjacent to sewerage if the offset of the nearest point of the building work from the centre line of the sewerage is a distance less than the depth to the invert of the sewerage. ˙ ‘ Building work over existing sanitary drainage ‘ 57. Building work over or adjacent to existing sanitary drainage must comply with AS/NZS 3500.2.2:1996 (National plumbing and drainage), part 2.2 (Sanitary plumbing and drainage—Acceptable solutions) to the extent the standard applies to buildings over sanitary drainage. ˙ ‘ Building work over easements ‘ 58. A development application for building work over land in an

s 13 43 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 easement must not be approved unless the holders of registered interests in the easement consent to the building work. ‘ PART 5—SWIMMING POOL FENCING ˙ ‘ Application of pt 5 ‘ 59. This part— (a) applies to outdoor swimming pools on, or proposed to be built or placed on, residential land; and (b) prescribes standards for section 30H of the Act. ˙ ‘ Object of pt 5 ‘ 60. The object of this part is to safeguard young children from drowning or injury in outdoor swimming pools on residential land by inhibiting young children’s access to the pools from— (a) adjoining lands; and (b) watercourses wholly or partly on the boundary of residential land; and (c) buildings. ˙ ‘ Pools built or approved before commencement of pt 5 ‘ 61.(1) For fencing around a swimming pool built or approved for building before the commencement of this part, the prescribed standard is the standard applying to the pool immediately before the commencement. ‘ (2) However, if a local government or tribunal granted a variation to or an exemption from the standard before the commencement, the prescribed standard is the standard, as varied or exempted, applying to the pool before the commencement.

s 13 44 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Pools approved after the commencement of pt 5 ‘ 62. For fencing around a swimming pool approved for building on or after the commencement of this part, the prescribed standard is, subject to sections 63 to 66— (a) the standard for the design, building and performance of swimming pool fencing in AS 1926.1—1993, Swimming pool safety part 1: Fencing for swimming pools, other than clause 2.14 of the standard; and (b) the standard for the location of fencing contained in AS 1926.2—1995, Swimming pool safety part 2: Location of fencing for private swimming pools, other than clause 1.4.4 of the standard. ˙ ‘ Exemption for child resistant doors ‘ 63.(1) A local government may grant an exemption under section 30N 31 of the Act, for an opening of a standard that does not comply with section 62 and gives access from a building to a swimming pool. ‘ (2) The local government may give the exemption only if the local government is satisfied that— (a) without the exemption, it is not physically practicable to build fencing complying with the standard under section 62 to inhibit access from the building to the pool; and (b) except to the extent of the exemption, the standard under section 62 will be complied with. ‘ (3) The exemption must be subject to the conditions that— (a) the opening is protected with a child-resistant doorset complying with AS 1926.1—1993, Swimming pool safety part 1: Fencing for swimming pools, clause 2.14; and (b) except in the case of a sliding door, the doorset opens away from the swimming pool, unless the local government is satisfied that it is not physically practicable to open the doorset away from the pool. 31 Section 30N (Application for exemption from fencing)

s 13 45 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (4) On the granting of the exemption, the standard for the fencing is the standard under section 62 to the extent the exemption does not apply. ˙ ‘ Exemption for non-complying door or gate ‘ 64.(1) A local government may grant an exemption under section 30N of the Act, for a door or gate forming part of the pool fencing that does not comply with the standards under section 62 because it is not self-closing or self-latching. ‘ (2) The local government may only give the exemption if the local government is satisfied that— (a) without the exemption, it is not physically practicable to build fencing complying with the standard under section 62; and (b) except to the extent of the exemption, the standard under section 62 will be complied with; and (c) the gate is in addition to another gate complying with AS 1926.1—1993, Swimming pool safety part 1: Fencing for swimming pools, clause 2.11 and providing access to the pool enclosure; and (d) for the door in a building forming part of the fencing, it is additional to either a gate complying with AS 1926.1—1993, Swimming pool safety part 1: Fencing for swimming pools, clause 2.11 or another door, restricting access from the building to the pool enclosure, complying with AS 1926.1—1993, Swimming pool safety part 1: Fencing for swimming pools, clause 2.14. ‘ (3) The exemption must be subject to the condition that— (a) the door or gate must— (i) always be kept key locked in the closed position with the key removed and placed out of the reach of young children; or (ii) be fixed in a way at least as effective as mentioned in subparagraph (i); and (b) the door or gate must be opened only if access through the gate or door is the only physically possible way to—

s 13 46 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (i) move an object, materials or a vehicle into or out of the pool enclosure; or (ii) gain access to the enclosure in an emergency; and (c) the door or gate must be re-locked, or refixed in the closed position, immediately after the purpose for which the gate or door was opened, is achieved. ‘ (4) On the granting of the exemption, the standard for the fencing is the standard under section 62 to the extent the exemption does not apply. ˙ ‘ Exemption for double doors ‘ 65.(1) A local government may grant an exemption under section 30N of the Act, for double doors in a building forming part of the pool fencing that do not comply with the standards under section 62 because they are not self-closing or self-latching. ‘ (2) The local government may only give the exemption if the local government is satisfied that— (a) without the exemption, it is not physically practicable to build fencing complying with the standard under section 62 to inhibit access from the building to the pool; and (b) except to the extent of the exemption, the standard under section 62 will be complied with; and (c) one door is self-closing and self-latching and complies with AS 1926.1—1993, clause 2.14; and (d) the other door can be fixed to meet the conditions mentioned in subsection (3). ‘ (3) The exemption must be subject to the conditions that the door that is not self-closing and self-latching must— (a) always be— (i) kept key locked in the closed position with the key removed and placed out of the reach of young children; or (ii) fixed in a way at least as effective as mentioned in subparagraph (i); and

s 13 47 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (b) be opened only if access through the door is the only physically possible way to— (i) move an object, materials or a vehicle into or out of the pool enclosure; or (ii) gain access to the enclosure in an emergency; and (c) be re-locked, or refixed in the closed position, immediately after the purpose for which that door was opened, is achieved. ‘ (4) On the granting of the exemption, the standard for the fencing is the standard under section 62 to the extent the exemption does not apply. ˙ ‘ Exemption for access for persons with disabilities ‘ 66.(1) A local government may grant an exemption under section 30N of the Act, for an opening of a standard that does not comply with the standard under section 62 and giving access from a building to a swimming pool. ‘ (2) The local government may only give the exemption if the local government is satisfied that it is not practicable to provide an opening through the fencing complying with the standard to inhibit access between a building and the swimming pool, because of a disability suffered by an occupant of the building. ‘ (3) The local government may require the applicant to produce medical evidence to support the application for the exemption. ‘ (4) The exemption ceases to apply when it is no longer necessary for the disabled person for whom the exemption was granted. ‘ (5) On the granting of the exemption, the standard for the fencing is the standard under section 62 to the extent the exemption does not apply. ˙ ‘ Applications to private certifiers ‘ 67.(1) This section applies if— (a) a development application is made to a private certifier; and (b) the application does not comply with section 62; and (c) the applicant is seeking exemption under section 30N of the Act.

s 13 48 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (2) The private certifier must not approve the application unless an exemption has been granted by the local government under section 30N of the Act. ˙ ‘ Local government to keep record of exemptions ‘ 68. The local government must— (a) keep the record of the exemptions; and (b) keep the record available for inspection. ‘ PART 6—TEMPORARY AND SPECIAL STRUCTURES ˙ ‘ Temporary buildings or structures ‘ 69.(1) This section applies to a development application for a temporary building or structure that will not comply with the other provisions of this regulation. ‘ (2) The application must not be approved unless the temporary building or structure— (a) will be structurally sound and capable of withstanding the loadings likely to arise from its use; and (b) will reasonably provide for— (i) the safety of persons to be accommodated in the building or structure if there is a fire including means of egress; and (ii) the prevention of fire; and (iii) the suppression of fire; and (iv) the prevention of the spread of fire; and (v) the health and amenity of persons to be accommodated in the building or structure. ‘ (3) Before assessing an application for a temporary building or structure

s 13 49 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 that has any of the special fire services mentioned in schedule 2, the building certifier must obtain from the fire authority a report on the suitability of the proposed fire services. ‘ (4) The approval of the application must impose a condition that— (a) limits the time for which the temporary building or structure may remain in place; and (b) requires removal or demolition of the temporary building or structure at the end of the time. ˙ ‘ Special structures ‘ 70. A development application for a special structure must not be approved, unless the special structure— (a) complies with this regulation; and (b) will reasonably provide for— (i) the safety of persons using the structure if there is a fire (including means of egress); and (ii) the prevention of fire; and (iii) the suppression of fire; and (iv) the prevention of the spread of fire; and (v) the health and amenity of persons using the structure. ˙ ‘ Additional conditions for hazardous buildings ‘ 71.(1) A development approval for a hazardous building may impose conditions a building certifier considers appropriate directed to restricting or combating the spread of fire in or from the building. ‘ (2) A development approval must not impose conditions under subsection (1) unless the building certifier has consulted the fire authority on the appropriateness of the conditions. ‘ (3) In this section— “hazardous building” means a class 5, 6, 7 or 8 building— (a) with a total floor area greater than 36 000 m 2 ; or

s 13 50 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 (b) for which the building certifier considers special provision should be made to restrict or combat the spread of fire within or from the building because of the purpose or purposes for which the building is being or is to be used. ‘ (4) Subsection (1) does not limit the other provisions of this regulation. ‘ PART 7—FLOATING BUILDINGS ˙ ‘ Definitions ‘ 72. In this part— “floating building” means a permanently moored floating building built on a flotation system and not intended for, or useable in, navigation. “metacentre” , in relation to a floating building, means the intersection of the verticals through the centre of buoyancy of the floating building when in equilibrium and when tilted. “metacentric height” , in relation to a floating building, means the distance between the centre of gravity and the metacentre. ˙ ‘ Application of pt 7 ‘ 73. This part is in addition to, and not in substitution for, other provisions of this regulation which apply to floating buildings. ˙ ‘ Access ‘ 74.(1) A floating building must have— (a) if more than 1 exit is required by this regulation—at least 1 permanent access for each required exit; or (b) if paragraph (a) does not apply—at least 1 permanent access. ‘ (2) The permanent access must be a gangway, bridge or similar structure—

s 13 77 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 individual is taken, while the individual continues to hold the appointment, to have the prescribed qualifications to be accredited at the level of a building surveying technician. ˙ ‘ Expiry of div 8 ‘ 127. This division (except section 125) expires 3 years after the commencement of this division. ‘ PART 12—REGULATION OF CERTIFIERS ˙ ‘ Certifiers not to be engaged if there is a conflict of interest ‘ 128.(1) A building certifier must not carry out building certifying functions if the certifier has a conflict of interest. ‘ (2) For IPA, section 5.3.10 and for subsection (1), a private certifier or building certifier has a conflict of interest if the private certifier or building certifier— (a) for building work— (i) carries out the building work; or (ii) is employed by the owner or person who carries out the building work; or (iii) is engaged to carry out functions (other than certifying functions or giving regulatory advice about any matter) by the owner or person who carries out the building work; or (iv) has a direct or indirect pecuniary interest in the building work or in an entity carrying out the building work; and (b) for a building or structure—has a direct or indirect pecuniary interest in the building or structure. ‘ (3) In this section— “building work” includes— (a) the preparation of the design of the whole of part of a building or

s 13 78 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 structure; or (b) carrying out all of part of the building work. ˙ ‘ Liability insurance and insurance bonds for private certifiers ‘ 129.(1) For IPA, section 5.3.16, this section states the type and minimum limits of liability insurance, performance bond or similar type of security a private certifier must have or give. ‘ (2) The private certifier must have professional indemnity insurance that provides for the following— (a) a minimum limit of indemnity of $1 million for any 1 claim and in the aggregate during any 1 period of insurance that may arise from the conduct of the practice or business as a private certifier; (b) in addition to the limit of indemnity mentioned in paragraph (a)—indemnity for costs and expenses incurred with the consent of the insurer of defending or settling a claim; (c) indemnity for breaches of professional duty as a private certifier arising from an act, error or omission of the private certifier after the day the private certifier was first accredited as a private certifier; (d) at least 1 automatic reinstatement of indemnity; (e) indemnity for negligent building certifying work (other than for claims for fraudulent or illegal acts or omissions); (f) if the certifying work is being undertaken by an employee of a firm or corporation—indemnity to former principals, partners and directors of the firm or corporation who were, but no longer are, accredited private certifiers; (g) a run-off provision continuing the indemnity for 10 years after the private certifier ceases to be accredited as a private certifier. ‘ (3) Subsection (2)(g) does not apply to a private certifier employed by— (a) an entity that represents the State; or (b) a local government. ‘ (4) For subsection (2), a private certifier who is a member or employee

s 13 79 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 of a corporation or other entity has the required professional indemnity insurance if the corporation or other entity has the professional indemnity insurance mentioned in subsection (2). ‘ (5) For subsection (2)(b), the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (2) for the claim. ‘ (6) The insurance may require the building certifier to bear an excess at the private certifier’s risk in relation to any 1 claim not greater than $5 000. ‘ (7) The run-off provision mentioned in subsection (2)(g) must not require the private certifier, at the time of cessation of accreditation— (a) to ask for the cover; or (b) pay an additional premium for the provision of the cover. ‘ PART 13—LOCAL GOVERNMENT FEES ˙ ‘ Fixing fees by local governments ‘ 130.(1) A local government may fix fees payable to it for services it provides under the Act (including this regulation). 41 ‘ (2) Fees for providing a service, that can not be provided by a private certifier, must be reasonable and fixed by resolution of the local government. 41 Fees for making a document available for inspection and for making and giving a person a copy are authorised by section 7(6).

s 13 80 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 1 ‘ FIRE SAFETY INSTALLATIONS section 5, def “fire safety installations” ‘ 1. Structural features • access panels through fire-rated construction • penetrations through fire-rated construction • fire dampers • fire shutters and fire doors • fire windows • fire curtains • structural fire protection • systems required to have a fire-resistance level • fire control centres. ‘ 2. Fire protection systems • sprinklers (including wall-wetting sprinklers) • special automatic fire suppression systems (including foam, deluge and gas flooding systems) • fire detection and alarm systems • stairwell pressurisation systems • air-handling systems • smoke and heat venting systems • smoke exhaust systems.

s 13 81 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 3. Fire fighting equipment • fire mains • fire hydrants (including hydrant boosters) • fire hose reels • fire extinguishers (portable). ‘ 4. Occupant safety features • emergency warning and intercommunication systems • exit door hardware • emergency lighting • exit signs • emergency lifts • emergency power supply • fire doors • solid core doors • smoke proof doors. ‘ 5. Other features • vehicular access for large isolated buildings • services provided under conditions imposed under section 71 • services required under BCA, clause E1.10.

s 13 82 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 2 ‘ SPECIAL FIRE SERVICES (GENERALLY) 42 section 5, def “special fire service” Fire mains (other than fire mains that connect only fire hose reels) Fire hydrants Sprinklers (including wall-wetting sprinklers) Special automatic fire suppression systems (including foam, deluge and gas flooding systems) Fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel) Fire control centres Stairwell pressurisation systems Air-handling systems used for smoke control Smoke and heat venting systems Smoke exhaust systems Emergency warning and intercommunication systems Emergency lifts Vehicular access for large isolated buildings Services provided under conditions imposed under section 71 Services required under BCA, clause E1.10. 42 Development applications for buildings containing any of these special fire services must be referred to the Queensland Fire and Rescue Authority for referral agency advice. See Integrated Planning Regulation 1998 , section 4 and schedule 2.

s 13 83 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 3 ‘ SPECIAL FIRE SERVICES (ASSESSMENT BY FIRE AUTHORITY) section 5, def “special fire service” ‘ 1. Large isolated buildings Suitability of site provisions for access by fire authority vehicles. ‘ 2. Fire fighting equipment • provisions for connection of fire authority portable relay booster pump • location and suitability of booster connections and enclosures • location of fixed pump-set controls and status indication • location and suitability of internal and roof hydrants and external hydrants including fire separation from adjacent buildings • provisions for hard standing for fire appliances • provision of additional hydrant services as mentioned in AS 2419. ‘ 3. Sprinklers • the location of valve room, pump-sets, water alarm and booster point • location of pump-set controls and status indications • provision of direct fire service alarm and location of directional signs • provision of suitable fire-protection for special hazards as mentioned in AS 2118.

s 13 84 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 4. Wall-wetting sprinklers • location of isolating valves • provision of suitable signs. ‘ 5. Special automatic fire suppression systems • location of control valves • provision of access for fire service vehicles • suitability of extinguishment media • provision of interface with other systems and direct fire authority alarm. ‘ 6. Fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel) • location of main fire indicator panel, sub-indicator panels, mimic panels, local alarm bells and directional signs • suitability of weather protection, accessibility and lighting of equipment • provision of direct fire service alarm • suitability of nominated types of detection in all areas, and the location of manual call points. ‘ 7. Fire control centres • location and size of control centre • suitability of contents of control centre. ‘ 8. Provisions for special hazards Suitability of special fire services for the protection of special hazards as mentioned in BCA, clause E1.10.

s 13 85 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 9. Smoke and control systems • suitability of operational controls and indicators • automatic detector operation of stairwell pressurisation systems, smoke-and-heat vents and smoke exhaust systems. ‘ 10. Emergency lifts Provision of fire officer’s controls in lifts. ‘ 11. Emergency warning and intercommunication systems • provision of suitable auxiliary warning devices, where AS 2220 systems are not specified • suitability of interface of warning system with detection and alarm systems • location of main emergency control panel and warden intercom points. ‘ 12. Prescribed buildings Suitability of special fire services and site requirements for prescribed buildings mentioned in section 71.

s 13 86 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 4 ‘ SPECIAL FIRE SERVICES (INSPECTION BY FIRE AUTHORITY) section 5, def “special fire service” ‘ 1. Large isolated buildings Suitability of site provisions for access by fire authority vehicles. ‘ 2. Fire fighting equipment • provisions for connection of fire authority portable relay booster pump • location and suitability of booster connections and enclosures • operation of fixed pump-set controls and status indication • location and suitability of internal and roof hydrants and external hydrants including fire separation from adjacent buildings • provisions for hard standing for fire appliances • provision of additional hydrant services as mentioned in AS 2419 • achievement of specified performance. ‘ 3. Sprinklers • the location of valve room, pump-sets, water alarm and booster point • operation of pump-set controls and status indications • operation of direct fire service alarm and location of directional signs • provision of suitable fire-protection for special hazards as mentioned in AS 2118.

s 13 87 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 4. Wall-wetting sprinklers • location of isolating valves • provision of suitable signs. ‘ 5. Special automatic fire suppression systems • location of control valves • provision of access for fire service vehicles • suitability of extinguishment media • provision of interface with other systems and direct fire service alarm • achievement of specified performance. ‘ 6. Fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel) • location and operation of main fire indicator panel, sub-indicator panels, mimic panels, local alarm bells and directional signs • suitability of weather protection, accessibility and lighting of equipment • operation of direct fire service alarm • suitability of nominated types of detection in all areas, and the location of manual call points • achievement of specified performance of detection and alarm systems. ‘ 7. Fire control centres • location of control centre • suitability of contents, ventilation, signage, lighting and sound levels of control centre.

s 13 88 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 8. Provisions for special hazards Suitability of special fire services for the protection of special hazards as mentioned in BCA, clause E1.10. ‘ 9. Smoke control systems • suitability of operational controls and indicators • suitability of automatic detector operation of stairwell pressurisation systems, smoke-and-heat vents and smoke exhaust systems • achievement of specified performance of systems. ‘ 10. Emergency lifts Operation of fire officer’s controls in lifts. ‘ 11. Emergency warning and intercommunication systems • operation of suitable auxiliary warning devices, where AS 2220 systems are not specified • operation of interface of warning system with detection and alarm systems • location of main emergency control panel and warden intercom points • suitability of warning tone and sound pressure levels under test. ‘ 12. Prescribed buildings Suitability of special fire services and site requirements for prescribed buildings mentioned in section 71.

s 13 89 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 5 ‘ DEVELOPMENT section 4(2) and (3) ‘ PART 1—SELF-ASSESSABLE DEVELOPMENT ‘1. Building work for a class 10 building or structure (other than building work mentioned in part 2) not within Wind Region C (tropical cyclone area) mentioned in AS 1170.2 SAA Wind Loading Code, either attached to or detached from a single detached class 1 building or class 10 building or structure if— (a) the building or structure is used exclusively as a greenhouse, unroofed pergola, unroofed deck not higher than 1 m above natural ground level, gazebo, conservatory, summerhouse, fuel shed, lawn locker, tool house, cycle shed, aviary, milking bail, hay shed, stable, fowl house, pigsty, barn or for a similar purpose; and (b) for a building or structure attached to another class 10 building or structure, the plan area (including overhangs and existing plan area) is not more than 10 m 2 ; and (c) for a detached building or structure, the plan area (including overhangs and existing plan area) is not more than 10 m 2 ; and (d) for a class 10 building or structure attached to, or detached from, a single detached class 1 building or class 10 building or structure, the building has above the natural ground surface— (i) a height of not more than 2.4 m; and (ii) a mean height of not more than 2.1 m; and (e) any side of the building or structure is no longer than 5 m. ‘ 2. Fences no higher than 2 m above natural ground surface, other than swimming pool fences to which part 4B of the Act applies.

s 13 90 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 3. A non-load bearing aerial, antennae, satellite dish with a maximum diameter of 600 mm, flagpole, mast or tower, outside areas covered by airport Obstacle Limitation Surfaces Standards (O.L.S.) of the Civil Aviation Safety Authority if it is— (a) detached from a building or structure and not more than 10 m above natural ground surface; or (b) attached to a building or structure, is not more than 3.5 m above the building or structure. ‘ 4. Retaining walls with no surcharge loadings if— (a) the total finished height of the wall, or the total height of the fill or cut retained is not more than 1 m above the adjoining ground level; and (b) the wall is no closer than 1.5 m to a building or another retaining wall. ‘ 5. Filling or excavation if— (a) the proposed cut or fill is no deeper than 1 m in relation to natural ground level; and (b) any cut embankment is no steeper than— (i) for sand . . . . . . . . . . . . . . . . 2 horizontal to 1 vertical; and (ii) for silt . . . . . . . . . . . . . . . . . 4 horizontal to 1 vertical; and (iii) for firm clay . . . . . . . . . . . . . 1 horizontal to 1 vertical; and (iv) for soft clay . . . . . . . . . . . . . 3 horizontal to 2 vertical; and (c) any fill embankment is no steeper than 4.0 horizontal to 1.0 vertical; and (d) any compacted fill embankment is no steeper than— (i) for sand . . . . . . . . . . . . . . . . 3 horizontal to 2 vertical; and (ii) for silt . . . . . . . . . . . . . . . . . 4 horizontal to 1 vertical; and (iii) for firm clay . . . . . . . . . . . . . 2 horizontal to 1 vertical.

s 13 91 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ PART 2—EXEMPT DEVELOPMENT ‘ 6. Building work for a class 10 building used exclusively as a greenhouse, conservatory, summerhouse, fuel shed, lawn locker, tool house, cycle shed, aviary, milking bail, hayshed, stable, fowlhouse, pigsty or barn or for a similar purpose, if— (a) on land used for agricultural, horticultural, floricultural or pastoral purposes; and (b) no part of the building is within 200 m of a road or a boundary of the land on which the building is situated. ‘ 7. Affixing minor attachments to an existing building, such as sun hoods projecting no more than 1 m from the building, sun blinds, roof ventilators, basketball hoops or similar attachments. ‘ 8. Building minor structures no higher than 3.0 m above natural ground level, such as playground and sporting equipment, garden furniture, temporary market stalls, minor plant and equipment covers, and similar structures. ‘ 9. Repairs and maintenance to an existing building or structure if— (a) the structural adequacy of the building or structure is not reduced; and (b) fire safety of the building or structure is not reduced. ‘ SCHEDULE 6 ‘ BUILDING WORK REQUIRING LOCAL GOVERNMENT APPROVAL OR DECISION section 20 ‘ 1. Compliance with performance provisions in a local planning

s 13 92 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 instrument or a local law existing at the commencement of this schedule or performance criteria in the Queensland Residential Design Guidelines under section 46. ‘ 2. Approval, for an allotment, of the height of fences, screens, ornamental structures or similar things higher than the height permitted under section 47(1). ‘ 3. Nomination of the road frontage of a building or structure for which the road frontage is to be reduced under section 47(2). ‘ 4. Approval of the siting of a building or structure under section 48. ‘ 5. The amenity and aesthetic impact of building work for forms of building or localities the local government must assess under section 50. ‘ 6. Occupation of a building, other than a class 1, 2, 3 or 4 building, for residential purposes under section 97. ‘ SCHEDULE 7 ‘ ELEMENTS OF QUEENSLAND RESIDENTIAL DESIGN GUIDELINES THAT LOCAL GOVERNMENTS MAY APPLY section 45 ‘ Section 1, Single Detached Housing— 1 Element A1 Street setbacks 2 Element A2 Building envelope and siting 3 Element A3 Storm drainage 4 Element A4 On-site carparking 5 Element A5 Private open space

s 13 93 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ Section 2, Attached Housing— 1 Element A1 Street setbacks 2 Element A2 Building envelope and siting 3 Element A3 Storm drainage 4 Element A4 On-site carparking and access 5 Element A5 Private open space. ‘ SCHEDULE 8 ‘ GUIDELINES FOR FINAL INSPECTION OF SINGLE DETACHED CLASS 1 BUILDINGS OR CLASS 10 BUILDINGS OR STRUCTURES section 86(2) ‘ Finalise any outstanding items from previous inspection or that require re-inspection. ‘ 1. Evidence of suitability Collect certificates for the following specialist products and procedures— • termite protection • wet area waterproof membrane installation, where appropriate • glazing compliance with AS 1288 and AS 2208 • engineered frame or roof certification • engineer inspection certificates, where applicable.

s 13 94 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ Check reasonable compliance with approved documents, BuildingAct and Standard Building Regulation ‘ 2. Site preparation • stormwater and overflow disposal to protect the building and other property from adverse effects • finished floor level requirements • provide retaining walls or stabilise cut and fill, where necessary to avoid potential damage to adjoining structures and property through soil collapsing or subsiding. ‘ 3. Weatherproofing of masonry Weatherproof coatings to single leaf masonry or, alternatively, wide overhangs or verandahs to ensure reasonable compliance. ‘ 4. Fire safety • fire protection—around fuel burning appliances • smoke alarms, location as shown on approved drawings and check operation • for building to boundary, correct fire separation • special construction requirements in designated bushfire areas. ‘ 5. Health and amenity • for required facilities, mechanical ventilation, if applicable • toilet door requirements • vermin proofing, services penetrations. ‘ 6. High wind areas Sheet roof high wind requirements.

s 13 95 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ 7. Surface water drainage For elevated timber floors—sub floor ventilation, sub floor drainage and sub floor termite shields. ‘ 8. Damp and weatherproofing Wall flashings, damp proof courses, weep holes. ‘ 9. Termite risk management • termite notices, if applicable • termite protection (exposed edges comply where relying on any termite activity becoming visible). ‘ 10. Safe movement and access • check for safe movement and access on stair rises and goings; balustrades (in particular heights, openings and fixings) • access to swimming pool enclosure properly protected.

s 13 96 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 9 ‘ MINIMUM SIDE AND REAR BOUNDARY CLEARANCES FOR NARROW ALLOTMENTS section 40 ROAD FRONTAGE in metres 15.001—15.500 14.501—15.000 14.001—14.500 13.501—14.000 13.001—13.500 12.501—13.000 12.001—12.500 11.501—12.000 11.001—11.500 10.501—11.000 10.500 or less Minimum side and rear boundary clearances if— BUILDING HEIGHT 4.5 m OR LESS BUILDING HEIGHT 4.5 m to 7.5 m 1.500 1.425 1.350 1.275 1.200 1.125 1.050 0.975 0.900 0.825 0.750 2.000 1.900 1.800 1.700 1.600 1.500 1.400 1.300 1.200 1.100 1.000

s 13 97 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 10 ‘ BOUNDARY CLEARANCES FOR FENCES, SCREENS ETC. ON CORNER ALLOTMENTS section 47(1)

s 13 98 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 11 ‘ ROAD BOUNDARY CLEARANCES FOR BUILDINGS AND STRUCTURES ON CORNER ALLOTMENTS section 47(3)(a)

s 13 99 s 13 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 12 ‘ CORNER BOUNDARY CLEARANCES FOR CORNER ALLOTMENTS section 47(3)(b) ’.

s 14 100 s 16 Building Legislation Amendment (No. 1) No. 86, 1998 PART 3—AMENDMENT OF BUILDING REGULATION 1991 ˙ Regulation amended in pt 3 14. This part amends the Building Regulation 1991 . ˙ Omission of pt 1 hdg 15. Part 1 heading— omit. ˙ Replacement of ss 2 to 4 16. Sections 2 to 4— omit, insert — ˙ ‘ Application for variation of the Standard Building Regulation 1993 ‘ 2.(1) This section prescribes the fee payable on lodging an application for variation of the Standard Building Regulation 1993 , for section 7 of the Act. ‘ (2) The fee payable if the matter is to be decided by the chief executive without a site inspection by the chief executive or the chief executive’s delegate is— (a) if the application is about a building with a floor area of 500 m 2 or less—$350; or (b) if the application is about a building with a floor area greater than 500 m 2 —$500. ‘ (3) The fee payable if the matter is to be decided by the chief executive after a site inspection by the chief executive or the chief executive’s delegate is— (a) if the application is about a building with a floor area of 500 m 2 or less—$500; or (b) if the application is about a building with a floor area greater than 500 m 2 —$750.

s 17 101 s 19 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Application and annual fee for accreditation as a building certifier ‘ 3.(1) The application fee for accreditation under the Standard BuildingRegulation 1993 as a building certifier is $100. ‘ (2) The annual accreditation fee for accreditation under the StandardBuilding Regulation 1993 as a building certifier is $500. ˙ ‘ Fast track fee ‘ 4.(1) This section prescribes the fee to accompany a request under section 9 of the Act to the chief executive to decide an application within 2 business days after the making of the application. ‘ (2) The fee payable is 50% of, and is in addition to, the lodging fee payable on the application. ‘ (3) However, if the chief executive refuses the request, the fee must be refunded.’. ˙ Omission of s 6 (Declared land—Act, s 4(5)(a)(i)) 17. Section 6— omit . ˙ Amendment of schedule (Specified land) 18. Schedule— insert — ‘ 20. Lot 59 on SR 217, situated in the county of Solander, parish of Mowbray and known as the Thala Beach Lodge Resort. ‘ 21. Lot 108 on RP 712063, situated in the county of Nares, parish of Trinity and known as the Trinity Cove Resort.’. ˙ Omission of sch 2 (Declared land for QGC) 19. Schedule 2— omit .

s 20 102 s 22 Building Legislation Amendment (No. 1) No. 86, 1998 PART 4—AMENDMENT OF INTEGRATED PLANNING REGULATION 1998 ˙ Regulation amended in pt 4 20. This part amends the Integrated Planning Regulation 1998 . ˙ Renumbering of s 3 (Requirements for placing public notices on land—Act, s 3.4.4) 21. Section 3— renumber as section 11. ˙ Insertion of new ss 3–10 22. After section 2— insert — ˙ ‘ Type of assessment for assessable development ‘ 3. For section 3.1.3(1) of the Act, schedule 1, column 2 states the type of assessment required for the aspect of assessable development mentioned opposite the type of assessment in schedule 1, column 1. ˙ ‘ Referral agencies and jurisdiction—Act, s 3.1.8 ‘ 4. For section 3.1.8 of the Act— (a) schedule 2, column 2 states the referral agency for the development application mentioned in schedule 2, column 1; and (b) schedule 2, column 3 states the type of referral agency for the referral agency mentioned opposite the type in schedule 2, column 3; and (c) schedule 2, column 4 states the jurisdiction of the referral agency mentioned opposite the jurisdiction in schedule 2, column 2.

s 22 103 s 22 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ ‘ Referral agency assessment period—Act, s 3.3.14 ‘ 5. For section 3.3.14(1)(a) of the Act, schedule 3, column 2 states the number of business days for the referral agency mentioned opposite the number in schedule 3, column 1. ˙ ‘ Tribunal appeal fees—Act, s 4.2.15 ‘ 6.(1) This section prescribes the fee payable for an appeal to a tribunal mentioned in section 4.2.15(2) of the Act. ‘ (2) The fee payable, if the appeal is to be decided by a tribunal without a site inspection by the tribunal or a member of the tribunal is— (a) if the decision is about a class 1 building or a class 10 building or structure—$250; or (b) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500 m 2 or less—$350; or (c) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500 m 2 —$500. ‘ (3) The fee payable, if the matter is to be decided by a tribunal after a site inspection by a tribunal or a member of the tribunal is— (a) if the decision is about a class 1 building or a class 10 building or structure—$400; or (b) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500 m 2 or less—$500; or (c) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500 m 2 —$750. ˙ ‘ Fast track fee—Act, s 4.2.16 ‘ 7.(1) This section prescribes the fee to accompany a request under section 4.2.16 of the Act to the chief executive to appoint a tribunal to start hearing an appeal within 2 business days after starting the appeal. ‘ (2) The fee payable under this section is 50% of, and is in addition to, the fee payable for the appeal under section 6.

s 22 104 s 22 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ (3) However, if the chief executive refuses the request, the fee must be refunded. ˙ ‘ Qualifications of referee—Act, s 4.2.37 ‘ 8. For section 4.2.37 of the Act, the qualifications or experience for a person to be a referee are— (a) registration as an architect under the Architects Act 1985 ; or (b) registration as a professional engineer under the ProfessionalEngineers Act 1988 ; or (c) accreditation as a building certifier under the Building Act 1975 ; or (d) unconditional licence as a house builder and general builder and not less than 8 years’ experience in building construction after completion of the person’s apprenticeship; or (e) a knowledge of the Building Act 1975 , or of matters relating to fire safety, the Minister considers to be sufficient to enable the person to adequately discharge the functions of a referee. ˙ ‘ General manager of Queensland Building Services Authority may prosecute certain offences ‘ 9. For the QueenslandBuildingServicesAuthorityAct1991 , section 18(1)(c), the general manager of the Queensland Building Services Authority may bring a proceeding in a magistrates court on a complaint to prosecute a person for an offence under— (a) the Integrated Planning Act 1997 , section 5.3.8 or 5.3.16; or (b) section 10 of this regulation. ˙ ‘ Offence about acting as private certifier ‘ 10.(1) A person must not act as a private certifier for building work unless the person is a building certifier under the Building Act 1975 . Maximum penalty for subsection (1)—165 penalty units. ‘ (2) A building certifier under the Building Act 1975 must not act as a

s 23 105 s 23 Building Legislation Amendment (No. 1) No. 86, 1998 private certifier for a particular level of certification unless the private certifier has accreditation for the level at the time the action was taken. Maximum penalty for subsection (2)—165 penalty units. ‘ (3) A building certifier under the Building Act 1975 must not act as a private certifier unless the building certifier’s accreditation is endorsed at the time the action was taken with accreditation as a private certifier. Maximum penalty for subsection (3)—165 penalty units.’. ˙ Insertion of new schs 1–3 23. After section 11 (as renumbered by this part)— insert — ‘ SCHEDULE 1 ‘ TYPE OF ASSESSMENT FOR ASSESSABLE DEVELOPMENT section 3 Column 1 Aspect of assessable development Building work (to the extent it is assessable against the StandardBuilding Regulation) Column 2 Type of assessment required Code assessment

s 23 106 s 23 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 2 ‘ REFERRAL AGENCIES AND JURISDICTION section 4 Column 1 Column 2 Column 3 Application involving Name of referral agency Type of referral Building work other than temporary or special structures) which is required by the Standard BuildingRegulation to contain special fire services listed in schedule 2 of the StandardBuilding Regulation. Queensland Fire and Rescue Authority Advice Assessment of an aspect of building work against the Standard BuildingRegulation, if the application involves a workplace area less than 2.3 m 2 (free of any encumbrance) for each employee The chief executive administering the WorkplaceHealth andSafety Act 1995 Advice Column 4 Referral jurisdiction Fire safety Workplace health and safety

s 24 107 s 25 Building Legislation Amendment (No. 1) No. 86, 1998 ‘ SCHEDULE 3 ‘ REFERRAL AGENCY ASSESSMENT PERIODS section 5 Column 1 Name of referral agency Queensland Fire and Rescue Authority Column 2 Referral agency’s assessment period 15 ’. PART 5—AMENDMENT OF QUEENSLAND BUILDING SERVICES AUTHORITY REGULATION 1992 ˙ Regulation amended in pt 5 24. This part amends the QueenslandBuildingServicesAuthorityRegulation 1992 . ˙ Amendment of s 3 (Definitions) 25. Section 3(1)— insert — ‘ “building certifier” has the meaning given under the BuildingAct1975 . 43 ’. 43 Building Act 1975 , section 5 (Definitions)— “building certifier” means an individual accredited as a building certifier by an accreditation body.

s 26 108 s 29 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ Amendment of s 3A (Work excluded from the ambit of the definition “building work”) 26.(1) Section 3A(1)(y)(ii)— omit, insert— ‘(ii) the work is exempt or self-assessable development under the Standard Building Regulation 1993 ;’. (2) Section 3A(1)— insert — ‘(z) certification work performed by a building certifier under the Building Act 1975 in the certifier’s professional practice.’. ˙ Amendment of s 22 (Progress payments—Act, s 66) 27. Section 22(4)(b), ‘local authority’— omit, insert — ‘building certifier’. ˙ Amendment of s 23 (Insurance of building work—Act, s 68) 28. Section 23(3), ‘local authority’— omit, insert— ‘local government’. PART 6—AMENDMENT OF BUILDING FIRE SAFETY REGULATION 1991 ˙ Regulation amended in pt 6 29. This part amends the Building Fire Safety Regulation 1991 .

s 30 109 s 32 Building Legislation Amendment (No. 1) No. 86, 1998 ˙ Amendment of s 4 (Definitions) 30.(1) Section 4, definition “Fire Service Act”, ‘ Fire Service Act 1990 ’— omit, insert — “ Fire and Rescue Authority Act 1990 ”. (2) Section 4, definition “special fire service”, ‘ By-law 1991 ’— omit, insert— ‘ Regulation 1993 ’. ˙ Amendment of s 23 (Applicants to pay fees) 31.(1) Section 23(1), ‘ By-law 1991 ’— omit, insert— ‘ Regulation 1993 ’. (2) Section 23(1), ‘of the special fire service carried out under the by-law’— omit. (3) Section 23(2)— omit, insert — ‘ (2) The prescribed fee must be paid to the Queensland Fire and Rescue Authority.’. PART 7—CONSEQUENTIAL AMENDMENTS ˙ Regulations amended 32. The schedule amends the regulations mentioned in it.

110 Building Legislation Amendment (No. 1) No. 86, 1998 ¡ SCHEDULE CONSEQUENTIAL AMENDMENTS section 32 C ´ HILD CARE (CHILD CARE CENTRES) REGULATION 1991 Amendment Schedule, section 5(6), ‘Standard Building By-law 1991’— omit, insert— ‘ Building Act 1975 ’. ´ HEALTH (PRIVATE HOSPITALS) REGULATION1978 Amendments Sections 5A(b), 7(3) and 35(2)(b), ‘Standard Building Law’— omit, insert— ‘ Standard Building Regulation 1993 ’.

111 Building Legislation Amendment (No. 1) No. 86, 1998 ENDNOTES 1. Made by the Governor in Council on 16 April 1998. 2. Notified in the gazette on 17 April 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 1998