Development (Trusses) Variation Regulations 2011 (SA)

Case

South Australia

Development (Trusses) Variation Regulations 2011

under the Development Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Development Regulations 2008

4            Variation of regulation 74—Notifications during building work

5            Insertion of regulation 74A

74A        Provision of truss information

6            Variation of regulation 80AB—Building inspection policies

7           Variation of Schedule 5—Requirements as to plans and specifications

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Trusses) Variation Regulations 2011.

2—Commencement

These regulations will come into operation on 1 July 2012.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Development Regulations 2008

4—Variation of regulation 74—Notifications during building work

  1. Regulation 74(1)—after paragraph (c) insert:

    (ca)without limiting a preceding paragraph—1 business day's notice of the completion of all roof framing forming part of the building work (including top and bottom chord restraints, bracing and tie‑downs);

  2. Regulation 74—after subregulation (4) insert:

    (5)If a notice is given under subregulation (1)(ca), the person who gives the notice must, within 1 business day after the notice is given, provide to the council a duly completed supervisor's checklist relating to the roof framing, signed by a registered building work supervisor, being a registered building work supervisor who has undertaken any training required and recognised under a scheme (if any) approved by the Minister for the purposes of this subregulation.

    (6)A person must not conceal any completed roof framing until after the expiration of 2 clear business days after the notice required under subregulation (1)(ca) has been received by the council (with the person being able to assume receipt of the notice in the ordinary course of business or transmission).

    (7)Subregulations (1)(ca), (5) and (6) do not apply if—

    (a)the building is a Class 10 building under the Building Code, other than where the Class 10 building is attached to any part of the roof framing of a building of another class; or

    (b)the building is a transportable building.

    (8)A person who breaches a requirement under subregulation (1), (5) or (6) is guilty of an offence.

    Maximum penalty: $10 000.

    Expiation fee: $500.

    (9)In this regulation—

    roof framing means timber roof framing or light steel framing, including coupled and non‑coupled roof framing and roof trusses, but not including portal framing;

    supervisor's checklist means a checklist published by the Minister in the Gazette for the purposes of subregulation (5);

    transportable building means a building that is fabricated at 1 site and then transported to and located at another site.

5—Insertion of regulation 74A

After regulation 74 insert:

74A—Provision of truss information

(1)A person who is engaged to manufacture a roof truss must, before commencing the work, furnish to—

(a)the council for the area where the roof truss is to be installed; and

(b)—

(i)the licensed building work contractor responsible for the relevant building work; or

(ii)if there is no such licensed building work contractor—the person who is otherwise responsible for the relevant work,

the information required by the checklist that is also required for the purposes of clause 1(1)(g) of Schedule 5.

Maximum penalty: $5 000.

Expiation fee: $315.

(2)The information must be furnished in a manner determined by the Minister for the purposes of this regulation.

6—Variation of regulation 80AB—Building inspection policies

Regulation 80AB—after its present contents (now to be designated as subregulation (1)) insert:

(2)For the purposes of section 71A(4a) of the Act, with respect to any building work involving the construction of any roof framing within the area of the council, the following minimum levels of inspection are prescribed:

(a)a number of inspections equal to 66% of building rules consents issued over the course of the year for building work involving the construction of any roof framing where a licensed building work contractor is responsible for the relevant building work;

(b)a number of inspections equal to 90% of building rules consents issued over the course of the year for building work involving the construction of roof framing where a licensed building work contractor is not responsible for the relevant building work.

(3)All classes of buildings, other than Class 10 buildings, under the Building Code are prescribed under section 71A(2) of the Act for the purposes of subregulation (2).

(4)A reference in subregulation (3) to Class 10 buildings does not include a Class 10 building that is attached to any part of the roof framing of a building of another class.

(5)In this regulation—

roof framing has the same meaning as in regulation 74.

7—Variation of Schedule 5—Requirements as to plans and specifications

  1. Schedule 5, clause 1(1)—after paragraph (f) insert:

    and

    (g)if the building work involves the installation, alteration, relocation or removal and reinstatement of a roof truss within the ambit of the Minister's Schedule 5 roof framing checklist—the details relating to the truss required by the Minister's Schedule 5 roof framing checklist (provided in the form of the checklist).

  2. Schedule 5, clause 1—after subclause (6) insert:

    (6a)In subclause (1)—

    Minister's Schedule 5 roof framing checklist means a checklist published by the Minister in the Gazette for the purposes of subclause (1)(g).

Made by the Governor

with the advice and consent of the Executive Council

on 29 September 2011

No 218 of 2011

MUDP09/027CS

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